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HomeMy WebLinkAbout10.18.99 Council Minutes COUNCIL MINUTES REGULAR October 18, 1999 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Ristow, Cordes, Soderberg, Strachan, Verch None City Administrator Erar, City Attorney Jamnik, City Management Team 4. APPROVE A GENDA MOTION by Cordes, second by Soderberg to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Proclamation Declaring October 25-29 Minnesota Manufacturer's Week The Proclamation was adopted. 6. CITIZEN COMMENTS Ms. Nancy Paulos, 18894 Euclid Path, requested placement of flowers at the gateway signs. Staff will respond. Mr. David Moss, 18010 Echo Drive, expressed concern of storm water drainage ditch adjacent to his North property line. Staffwill respond. 7. CONSENT AGENDA MOTION by Verch, second by Cordes to approve the Consent Agenda as follows: a) Approved Council Minutes (10/4/99) (Regular) and (10/6/99) (Special) b) Set October 20, 1999 for 2000-2004 Capital Improvement Plan - Distribution c) Received Information Capital Outlay - Fire Department d) Set November 15, 1999 for Continued Hearing - TH3 Frontage Road Project e) Received Information Holiday Decorations - Update f) Received Information Schools and Conference - Parks and Recreation g) Received Information 3rd Quarter Building Permit Summary h) Approved bills APIF, MOTION CARRIED. Council Minutes (Regular) October 18, 1999 Page 2 8. PUBLIC HEARINGS a) CSAH 31 Project Assessment Hearing The purpose of the hearing was to give residents an overview of the project, the benefits, costs, financial plan, special assessments, and receive public input. CSAH 31 was upgraded due to development in Northern Farmington. Dakota County did submit grant proposals, but failed to meet grant criteria. Numerous public information meetings were held to provide information to citizens. At the July 21, 1997 Council meeting, it was determined that Special Assessments and MSA Funding were the appropriate funding mechanisms for the project. At the March 16, 1998 Project Improvement Hearing, proposed assessments for property owners North of 195th were estimated at $385 per household. Final special assessments for these properties are now proposed at $392.56. The City is required to ensure that the assessment is not more than the benefit that is conferred to the benefiting property. The City has obtained an independent appraisal which indicates that the proposed assessment is below the value of the assessment being paid by the residents. The City contributes 45% of total eligible project construction costs. Of that 45%, benefiting properties are assessed according to City Special Assessment policies, with the remainder paid for with City funding. Special assessments are a one-time charge against property and may either be spread over 15 years at 6.5% interest or paid without interest \\1ithin 30 days. Benefits include improved public access, increased roadway width and capacity, improved traffic flow, improved pedestrian safety and movement, traffic signals at Upper 182nd, with planned future signals at CSAH 50 and 31 in 2000. Project costs include construction, County engineering, right-of-way acquisition, utility relocation, and city project costs. Total project cost on March 16, 1998 was estimated at $3,729,990. Current costs are $4,052,000. Mr. Steve Wilson, 5200 203rd Street W, at the March 16, 1998 meeting he brought it to Council's attention that he thought he was going to be assessed $2300/acre. On April 6, 1998 he received a letter from the City showing a total assessment of $826.27. He recently received a letter stating his assessment was $11,204. He stated he does not have access to CSAH 31, unless he goes to 195th Street or CSAH 50. Staff replied under state statues the City is required to send a notice containing the full assessment. However, for property owners living on acreage, the property owner will only be assessed for one household equivalent as long as that land is their primary residence and they reside on that property. The portion over that will be deferred, until the property is re-platted. If the property is not re- platted, there will not be another assessment. Council Minutes (Regular) October 18, 1999 Page 3 Mr. Rick Bolon, 5185 185th Street W, stated the City and Engineers decided what would be the best lay of the land for the road. He wanted to know why the residents were not asked. He stated there have been numerous accidents on Pilot Knob. Mr. Ed Stober, 18529 Endeavor Avenue, stated 65% of cost is paid by taxes everyone has paid. He sees a lot of project benefit for people outside of the 1/2 mile strip. At the intersection of Euclid Path and Pilot Knob Road there have been three major accidents and one death, so he differs with improved pedestrian safety. When he comes home in the evening he is passed by vehicles going in excess of 50 mph. He asked why the grant proposal failed to meet the criteria? He asked who authorized Farmington to enter into the project? Was there a referendum? It does not sound like there was a vote. The Mayor replied by state law, Council has the discretion to set the assessment level without going through a referendum. Mr. Stober then asked about the vision of Farmington, and who determines what roads need to be developed? The Mayor stated a public meeting was held to discuss the Comprehensive Plan for the next five years. Mr. Chris Galler, 5275 190th Street, stated the County Road 31 extension has been on the books since 1982 when the Council and Planning Commission originally platted the reroute of CSAH 31. People have come to City Hall to check and that is a responsibility citizens have. As far as the assessment, he agrees that is a decision the County made to assess it against people. If people want decisions made locally, they have to pay locally. The City could have chosen to reject the project. That did not work with the planning process because there had been a number of accidents along that road, and the number of accidents will only get greater. The portion in Lakeville will be done when Lakeville is ready for the project. When projects on Elm and Ash Streets are done, will the same assessment procedure of 1/2 mile be used? This will create a problem for Council, as this means people between Ash and Elm Streets will be assessed twice. He is for assessments and understands the City has a number of road projects to be done. This method will be cheaper in the long run because as other road projects are done, they will not be added to taxes. He also wanted to know how long the questions and answers will be on file, so when people are assessed for Ash and Elm Streets he would like staff and legal counsel to be on record saying this is the way we are going to assess the project. Ms. Nancy Paulos Maxwell, 18894 Euclid Path, stated she is hearing that money received was not put aside for this project. She requested there be a reporting in the paper so residents can track what is being done. Staff replied the project has been on the books for many years. As far as staff can determine no money has been collected by the City to fund this project. The project was planned 17 years ago. It would be impossible to have collected money at that time with any degree of financial accuracy for a project that far in the future. Council Minutes (Regular) October 18, 1999 Page 4 Mr. James Susag, Attorney representing a property owner along the southern half of CSAH 31, wanted to make sure he understood how the 1/2 mile designation was made. Why not a 1/4 mile or 1 mile? Mayor Ristow stated the 1/2 mile would include the properties receiving the most benefit. Mr. David Moss, 18010 Echo Drive, stated he had questions regarding the planning of other assessments and how they will be handled. Will he be assessed again for other roads? At some point in the future, if CSAH 31 has to be widened where there is undeveloped property, the individual benefiting property owners will be assessed rather than the builder. At the North end, the Council has made a commitment stating if you are assessed for improvements associated with this county road, you will not be assessed for any other county road. Mr. Moss then asked why CSAH 31 south of 195th was not made a four-lane road instead of two- lanes? Staff replied a four-lane road was a City recommendation to the County. The decision was not associated with our current county engineer. County transportation experts did not feel it was necessary 2 1/2 years ago. Ms. Jean Hovanec, 18057 Exeter Court, stated she does not understand procedures as far as why they were not told about the project when they built their house. She feels the realtor, or developer, or someone should have told them. She also wanted to know who decided on the 1/2 mile assessment and who out of the people that made that decision actually live in that area? Mayor Ristow stated there are policies and procedures Council has adopted and tries to be consistent. He stated if she recently bought her house she should have been notified. Ms. Hovanec, stated everyone uses that road, why is just that 1/2 mile stretch responsible for the road. She said the County pays part of it, but she also pays County taxes and has to pay extra for the road. Councilmember Strachan stated that in terms of being a good steward of dollars, it makes sense to do it this way. He will also be paying this assessment, however it does increase the value of the home. Ms. Hovanec asked how it increases the value. Councilmember Strachan replied the new road makes faster access to the cities. Ms. Hovanec stated it is harder to get on to the road now, and is more dangerous than before. She then stated if the City knew about the road in 1982 and residents can spread the assessment out over 15 years, why wasn't that done 17 years ago? Councilmember Strachan stated money should have been put away, but it wasn't. The City is now managed very financially conservatively to make sure money is put aside. Ms. Ellana Garthune, 19067 Everest Path, understands 190th will connect with Cedar, are there plans for that and what are the assessments? Mayor Ristow replied 190th Street will be a City street and there will not be assessments. She stated the City cannot have it both ways, residents are paying for this now, if there are other assessments she will fight it all the way. Council Minutes (Regular) October 18, 1999 Page 5 Mr. Scott Carolan, 19181 Evenston, stated the closing date on his property was a month after the March 16th meeting. He received a letter saying the money may have been in escrow. He knows his money is not in escrow. Was there a requirement for the builder to put the money in escrow? City Attorney Jamnik replied he should have his own attorney look at the purchase agreement. It should be specified as to who pays pending assessments. Mr. Carolan then asked if it is correct that he has 30 days or 15 years to pay the assessment, or he can pay it off in four months? Staff replied if you do not pay within the next 30 days, at the end of the 30 days, the assessment is certified to the County to be added to your pay 2000 and beyond taxes. The City must add a $2.00 fee for every year that the parcel goes on the assessment roll and interest is added every year. Mr. Carolan also asked about being appraised for the amount the value was increased. Was the appraiser given only this 1/2 mile area to appraise and not the whole City? Mayor Ristow replied the assessments are based on benefiting properties. We have to show direct benefit to the property. Mr. David Buntjer, 5532 Upper 182nd Street, stated they bought their house in May of 1996 and were not notified of the road expansion. They were told a bike path was being installed. As far as safety and traffic on the road, before the improvement went through there was a police car on the road every day. Now he does not see any police patrol. Motorists are revving their engines, speeding, squealing tires, and running the red arrow at Upper 182nd Street and he does not see people getting pulled over. As far as property value, a new turning lane was installed on Pilot Knob and 182nd Street. He now as a large manhole cover installed in his front yard. He wanted to know why he was not notified and was not compensated. Mayor Ristow replied there were four public meetings on the road reconstruction. Staff replied they will meet with Mr. Buntjer to discuss the manhole. As far as traffic, staff stated several years ago the area of 182nd Street was treacherous. In response to that situation, a concerted effort was made for traffic enforcement. Regarding traffic enforcement in general, it cannot be guaranteed a police officer will be at any particular intersection at any particular time to observe all traffic violations. Right now, there is a list of 14 different areas requesting extra traffic enforcement. Residents should contact Police Chief Siebenaler with specific traffic concerns. Ms. Shan Pals, 19125 Evenston Drive, asked why wasn't the downtown area assessed? Councilmember Strachan replied we could not show benefit because it is not legal under state guidelines. She also inquired about the procedure for requesting street lights and traffic signals. The County will only participate in street lights involved with traffic signals. If the City wanted to install street lights, it would have to be a City funded project. For traffic signals, the only intersection that meets County standards for a traffic signal is CSAH 50 and CSAH 31. Mr. John Devney, 5788 212th Street W, stated most of his property is in ag preserve and some in green acres. He thought green acres property could not be assessed. City Attorney Jamnik replied under ag preserve statute property cannot Council Minutes (Regular) October 18, 1999 Page 6 be assessed. Green acres is an assessment deferment program the state has. During the time the property is in ag preserve interest is not charged. Mr. Devney also requested the City look into deer crossing signs on CSAH 31. Mayor Ristow replied the City will have to forward the request to the County, as the County has jurisdiction over the road. Mr. Kerry Rustan, 5474 193rd Street, asked about a noise barrier. Between Farmington and Lakeville Police sirens he cannot sleep. As far as utility wires, they were coiled up for some time and then laid out again. If the road needs to be improved in 12-15 years, will the City have to p~ 100% of the cost? Mayor Ristow stated when houses develop south of 195 Street, they will be in this same situation if the road is widened. Assessments will go to the benefiting properties as long as the Council that is in office at that time elect to do that type of policy. Mr. Rustan then asked if the police could use lights only and not sirens ifit is not necessary at night. Councilmember Strachan replied it is state law that the sirens be used, but he will forward it on to the Lakeville Police Chief. For noise abatement, Mr. Rustan stated he does not want a barrier, but he stated he would like to see some type of shrubbery installed. Staff replied requests have been received from residents along the alignment for the City to initiate a privacy fence type project. The City will be looking at this project next spring in order for all the fences to be installed in one project. Meeting notices will be sent out in the next few weeks. All property owners adjacent to the new alignment North of 19Sth Street will be notified. Mr. John Livingston, 19071 Enchanted Court, stated his property now has busy roads on both sides - Akin Road and CSAH 31. Children cannot cross CSAH 31 as there are no crosswalks and no marked intersections. Mr. Don Theisen, County Engineer, replied they continually look at the intersections, including cross traffic. As far as crosswalks, they look at where they will effectively work. There is no sign or pavement marking that will ensure someone's safety. Mr. Livingston then asked if the speed limit could be reduced as the road gets closer to the residential areas. Mr. Theisen replied signals change the type of accident and can increase the number of accidents. Mr. Livingston also inquired about installing a sidewalk from 190th Street to English Avenue. Staff will look into the situation. Ms. Claire Pena, 18906 Embry Avenue, walks across Pilot Knob inthe morning when it is dark and wanted to know how many accidents will happen before crosswalks are installed. Cars know they have to stop for people in crosswalks. Mr. Leonard Lee, 5264 186th Street, stated last night there was an accident at 190th Street and Pilot Knob and an officer did not show up on the scene. He did not know if the accident was on the books or called in. The number of accidents has become worse. He then asked why the developers did not hold money back to pay for the road if they knew about it 17 years ago, and also asked if money will be held back for the southern part of CSAH 31 as that is developed. Mayor Council Minutes (Regular) October 18, 1999 Page 7 Ristow replied there is no documentation showing that money was held back. It is also not indicated in the Development Contracts that any money was paid. Ms. Mary Twite, 18059 Eventide Way, she was concerned about setting a precedent for how the City pays for road improvements that are approved by both the City and County. She asked if this will become part of the process to have this be the primary avenue to do assessments rather than an overall tax levy of the City. Councilmember Cordes stated it can be put into policy and procedures, but Councils and staff change. We cannot hold a future Council to decisions that are made now. Ms. Twite then asked if this is consistent with past policy? Councilmember Cordes stated a project this large has never been experienced. Mayor Ristow stated this is consistent with current policy. It is hard to predict what will happen in the future and future Councils could change the policy. Ms. Joan Becker, 18853 English Avenue, her concerns were not only cost, but issues of safety. She has to be very careful about when and where she goes on her route due to traffic. She urged the City and County to reduce the speed limit on CSAH 31 when entering residential areas. She also requested a 4-way stop on 190th Street and CSAH 31 and would like more police patrol in this area during the day. Ms. Judy Bryant, 5606 Upper 183rd Street W, inquired if the storm sewer is considered a utility? She wanted to know if she was assessed when it was installed, can she be assessed if it was relocated? The storm sewer was on Upper 182nd Street and it has been moved, but she does not know where. She was assessed $1500 when it was first installed five years ago. Staff stated the utility relocation costs referred to for the CSAH 31 project refer to gas pipeline utilities. In reconstruction, there are always necessary changes to existing utilities in the street. As a reconstruct, per the City's assessment policy, residents are assessed at 35%. Ms. Bryant stated she is being assessed twice for a storm sewer no one can prove has benefitted her property. Staffwill investigate the storm sewer assessment from five years ago and respond. MOTION by Strachan, second by Soderberg to close the public hearing except for those who objected to the assessment. APIF, MOTION CARRIED. A discussion followed to determine whether accrued interest on deferred special assessments should be waived during the deferment period. MOTION by Strachan, second by Soderberg to not waive the accrued interest on deferred assessment except as required by state statute. APIF, MOTION CARRIED. MOTION by Cordes, second by Soderberg adopting RESOLUTION R94-99, adopting the final special assessment roll except for parties objecting to the assessment. APIF, MOTION CARRIED. A special Council Meeting was set for November 16, 1999 to hear objections to the assessment. Council Minutes (Regular) October 18, 1999 Page 8 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS 11. UNFINISHED BUSINESS a) Consider Facility Transfer Agreement On September 21, 1999 the County Board approved a joint powers agreement for the sale of the City library facility to Dakota County. The Farmington HRA approved the sale and transfer agreement for the City library facility at their October 12, 1999 meeting. MOTION by Strachan, second by Cordes approving the Joint Powers Agreement for Sale of Building for Public Library. APIF, MOTION CARRIED. b) Adopt Ordinance - HRA Board Composition At the September 20, 1999 Council Meeting, Council directed staff to prepare an ordinance amendment to change composition of the HRA board which would reduce the number of Councilmembers serving on the board from two to one. MOTION by Cordes, second by Soderberg adopting ORDINANCE 099-438 changing the composition of the HRA Board. APIF, MOTION CARRIED. c) Adopt Ordinance - Extending Adult Entertainment Use Moratorium The City Council approved an Interim Ordinance on May 3, 1999 that placed a moratorium on the establishment of any adult establishments for a period of six months. Staff recommended that the moratorium ordinance be extended an additional twelve months. The interim ordinance will expire November 3, 2000. MOTION by Soderberg, second by Verch adopting ORDINANCE 099-439, extending the moratorium from six to eighteen months for the establishment of any adult use type business in the City of Farmington. APIF, MOTION CARRIED. d) Council Minute Clarification (9/7/99) Block 1, Lot 3 was inadvertently left out of the motion approving the issuance of Temporary Certificates of Occupancy for lots in East Farmington 5th Addition that abutted public streets that are not yet constructed. MOTION by Cordes, second by Strachan authorizing a Temporary Certificate of Occupancy for Block 1, Lot 3 in East Farmington 5th Addition with a signed waiver and a surety to be calculated by the City Engineer. Voting for: Ristow, Cordes, Strachan. Voting against: Soderberg, Verch. MOTION CARRIED. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) 300 1st Street- Update Mr. Dave King received approval from the Planning Commission on June 8, 1999 to move an existing duplex on to the site. The conditions that deal with time frames commence once the structure is moved on to the site. Mr. King was not Council Minutes (Regular) October 18, 1999 Page 9 given a deadline by which he was required to move the new structure on to the property. Staffwill continue to stay in contact with Mr. King and will keep Council informed. b) Akin Road - Traffic Control Concerns Staffhas contacted the County to determine if they would perform traffic studies along Akin Road in order to determine the need for stop signs. The County has indicated they do not have the staff available to perform these studies. Staff will continue to work on traffic control with the County. Councilmember Strachan: Commended the Mayor and staff on the Public Hearing for CSAH 31. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 10:55 p.m. APIF, MOTION CARRIED. Respectfully submitted, c:r~;z5C:X )'-r?~~ ,~./ Cynthia Muller Executive Assistant