Loading...
HomeMy WebLinkAbout11.15.99 Council Minutes COUNCIL MINUTES REGULAR November 15, 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 6. CITIZEN COMMENTS a) School District Gym Utilization Concerns b) Traffic Concerns - Upper 1820d Street c) Traffic Concerns - Akin Road d) Citizen Comments - Snow Plowing Practices Staffhas responded to citizen's requests. Mr. John Gage, 18493 Echo Drive, owns 18493 Echo Drive and 400 Elm Street, expressed his concerns regarding the new parking ordinance. Many of the older homes do not have driveways, or have single driveways. Newer homes have 2 car garages and 4 car driveways. There is no parking in the older part of Farmington to support the ordinance requirements. The solution is people will have to pave front yards or back yards. He feels it takes away from the heritage of Farmington to have to park in the front yard. He would like to see the ordinance changed to odd - even parking for the downtown area such as Minneapolis and St. Paul. Mr. Randy Slagel, 700 Oak Street, also expressed his concerns about the new parking ordinance. Older homes do not have room to accommodate parking. He feels parking on one side of the street and then switching sides when plowing is done would be a good solution. He would like Council to reconsider the ordinance. The short notice creates a hardship for this winter. If residents would have been notified of the situation last spring, residents could have worked out a solution this summer. Mr. Harvey Wright, 18543 Endeavor Avenue, was concerned about the proposed name change of Endeavor Avenue to Euclid Street. He realizes with the addition of Cameron Council Minutes (Regular) November 15, 1999 Page 2 Woods, the City wants to make it all Euclid Street. There are other instances in Farmington where a street has more than one name. If the name change does go through he wants to know who will pay the cost of changing driver's licenses, checks, abstracts, etc. There are only three houses there, but it is something residents should not have to pay. It is not of their choosing, it is being forced upon them. They changed addresses when they moved in, now they have to change again. It is uncalled for. Mr. Ed Stober, 18529 Endeavor Avenue, his concern is with the name change of Endeavor Avenue to Euclid Street. He has requested, but has not received any of the statutes that govern this. He would like to know how the City can change the name at will. Issues in the letter he received from the City stated it will happen January 1, 2000 and it is being done for safety reasons and postal reasons. Then why are there three other streets in the area with different names? He is also concerned with costs. On the initial posting, if six or more people live on the street another process has to be followed to change the name of the street. There are currently three houses on the street. If the change was done in four months, there would be more people living on the street. He sees this as a way for the City to get it through quickly without incurring other costs or additional meetings. Councilmember Strachan stated when the street was proposed several years ago, there was only one house there and that owner was notified. He wondered what had changed. Staff replied until recently the County was responsible for street naming in Farmington. The City is now in charge of street naming. The notices the owners received prior to the last one, were from the County and outlined procedures in the County's street naming process. The City is not required to adopt the same ordinance as the County. It is an unfortunate situation. Mr. Stober stated there is an intersection three houses up, which leads to Cameron Woods. He proposes installing a street sign showing the Cameron Woods development as Euclid Street and the residents keep Endeavor A venue. Ms. Kerry Hanifl, 19927 Akin Road, is concerned about the traffic on Akin Road. It is a residential road and there are two schools along the road. Her driveway is directly onto Akin Road. When she purchased the house she was aware of the construction of Pilot Knob and that it would alleviate some of the traffic on Akin Road. She has not seen any change in the flow of traffic on Akin Road, especially the trucks. The trucks turn around in her driveway, cars do not slow down, and are passing on the shoulder. The speed limit is 50 mph and many cars go above that. There are children that want to go to the park and cannot ride their bikes there. It is a residential street and it is not suitable for the type of family living she would like to see. Staff will send her copies of responses to previous requests. Councilmember Strachan stated Pilot Knob is a County road and we are trying to influence the road in terms of lights, turn lanes and speed limits. All requests are forwarded to the County. Akin Road will become a City road and speed limits on Akin Road will be reviewed at that time. 7. CONSENT AGENDA a) Approve Council Minutes (1111/99) (Regular) (10/20/99) (Special) This item was pulled so Councilmember Verch could abstain from voting as he was absent from both meetings. MOTION by Strachan, second by Soderberg approving the minutes. Voting for: Ristow, Cordes, Soderberg, Strachan. Abstain: Verch. MOTION CARRIED. Council Minutes (Regular) November 15, 1999 Page 3 MOTION by Cordes, second by Soderberg to approve the Consent Agenda as follows: b) Adopted RESOLUTION R96-99 accepting Senior Center donation c) Adopted RESOLUTION R97-99 approving Livable Communities Act participation d) Adopted RESOLUTION R98-99 approving a Gambling Premises Permit e) Approved Withdrawal of Public Improvement and Condemnation Action - TH3 Frontage Road Project f) Acknowledged resignation - Liquor Store Operations g) Approved bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) 2000 License Renewal Public Hearing In accordance with City ordinances a public hearing must be held to renew On- Sale Liquor Licenses, On-Sale Sunday Liquor Licenses, On-Sale Wine and Club Licenses, and Saunas and Therapeutic Massage Licenses. The American Legion, Farmington Lanes, Long Branch Saloon and Eatery, Eagles Club, VFW Club, B&B Pizza, and Rite Touch Therapeutic Massage have submitted the required applications and fees. MOTION by Cordes, second by Soderberg to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Strachan, second by Soderberg to approve the 2000 On-Sale Liquor, On-Sale Sunday Liquor, On- Sale Wine, Club, and Therapeutic Massage Licenses for the businesses listed above. APIF, MOTION CARRIED. b) Certification of Delinquent Municipal Services Minnesota State Statutes grants Cities the authority to certify delinquent utility accounts to property owners' real estate taxes as a special assessment for collection. All property owners with delinquent utility bills (over 90 days overdue) have been notified by mail and may pay their delinquent amount by December 1, 1999 to avoid certification. At the time of the mailed notice, 316 accounts in the total amount of$105,169.19 were outstanding. The amount is certified to the property, not the property owner. New property owners do have a recourse by taking the previous owners to small claims court. However, the statute states the amount is certified to the property, not the owner. Certification is done instead of turning off service. If title companies call the City the title company will be informed of outstanding bills and the title company will escrow for the outstanding bills. One reason it is certified against the property and not the owner, is so the City will not become involved in the court action. The City is not equipped to handle that aspect. Mr. Wayne Raffle, was representing the new owners of 504 Elm Street, regarding a delinquent water bill. At the closing the former owner signed a statement saying they would pay the final water bill. They have moved out of state and have ignored all notices sent to them. The new owners have received notice that the delinquent water bill would be certified to the taxes. He contacted the listing agent a month ago and received a response that the previous owners did move out of state and they are trying to locate them. He would like an extension of time to try and locate them. Mr. Raffle stated the laws have all been obeyed, but to try Council Minutes (Regular) November 15, 1999 Page 4 and salvage this situation, is it possible an exception could be made for 30 - 40 days. The sellers moved out of the country, there was a divorce and now he is living in Colorado. They are trying to locate him. The Mayor asked if a title search was done on the property. Mr. Raffle replied that was done, but to protect themselves, the title company has the seller sign the document stating they would pay the bill. City Attorney Jarnnik stated a title binder excludes things not of record, such as utility bills. Under the statute the certification cannot be delayed. The City has to certify the bills to the County by December 1 so it can be put in the system to be certified to the taxes. The new owners will have until December 1 to settle the matter. Mr. Ed Stober, 18529 Endeavor Avenue, stated this can then occur at the beginning or middle of a billing cycle on the sale of a home. The notification to the new property owner would not occur until 90 days. Staff replied it becomes delinquent when it is not paid within 30 days. There is then a fee attached for a penalty. Service is continued, however the bill escalates. At the beginning of November, all accounts 90 days overdue are reviewed and sent a letter stating the amount of certification that will be imposed upon them. There may be services that are less than 90 days overdue which would be in addition to that. They are only being asked to pay the portion over 90 days overdue. MOTION by Soderberg, second by Verch to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Soderberg, second by Verch to adopt RESOLUTION R99-99 certifying the delinquent accounts as special assessments to the 2000 taxes of the appropriate properties. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Y2K Contingency Planning - Update Council received information on key planning and operational issues associated with Y2K contingency plans. b) Adopt Resolution - Farmington Townhomes Development Contract The Planning Commission recommended approval of the Farmington Townhomes 1 st Addition Preliminary and Final Plat on July 13, 1999. The City Council approved the preliminary and final plat on August 16, 1999 subject to the preparation and execution of a Development Contract and approval of the construction plans. Mn/DOT has found the plan acceptable, however the Developer is still required to apply for a Mn/DOT access permit. The Development Contract requires the following conditions be agreed upon: The Developer enters into the Development Contract. The Developer provides the necessary security in accordance with the terms of the Contract. The Minnesota Department of Transportation approves the access points on the frontage road. Council Minutes (Regular) November 15, 1999 Page 5 MOTION by Soderberg, second by Cordes adopting RESOLUTION RI00-99 authorizing its signing contingent upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Adopt Ordinance - Landscape Ordinance The amendment to Section 2-9 (11-20) - Reforestation Advisory Commission, includes the removal of Section 2-9-11 to 2-9-20 and transferring these requirements to Section 10-6-14. The amendment to Section 10-6-14 includes the addition of the following: perimeter parking lot planting requirements, interior parking lot planting requirements, buffer/screening requirements, tree maintenance on City boulevards, tree protection in construction zones and planting requirements near overhead utility lines. These amendments mainly address commercial and industrial uses. The boulevard tree planting requirements will address requirements for residential subdivisions. This is being done due to the vision for the City of Farmington which was determined during the Comprehensive Plan Update. Boards and Commissions, nurseries, landscape design professionals, the Builder's Association of the Twin Cities and City staff have commented on the revisions. Specific revisions and additions to the ordinance were discussed. MOTION by Soderberg, second by Strachan to adopt ORDINANCE 099-441 approving the amendment to Section 2-9 (11-20) and Section 10-6-14 of the Farmington City Code concerning the Landscape Ordinance with additional changes by the City Attorney. APIF, MOTION CARRIED. b) Adopt Ordinance Amendment - Weeds The need for a revised weed ordinance developed from the interest of residents desiring to establish natural areas within their yards on platted lots. Areas identified in the revised code to allow weeds or growing grasses include slope areas, pond/wetlands, naturaVwildlife areas, and natural areas on platted lots. The revised ordinance also contains a statement concerning noxious weeds, requiring that they must be removed regardless of where they exist. MOTION by Cordes, second by Verch adopting ORDINANCE 099-442 approving amendment concerning Title 6 Chapter 7 of the Farmington City Code concerning weeds. APIF, MOTION CARRIED. 12. NEW BUSINESS a) Adopt Resolution - 1999 Budget Re-appropriations The resolution revises the 1999 budget. The budget is prepared 18 months in advance and what might have been a reasonable revenue or expenditure assumption in June of 1998 may not hold true in October of 1999. There is an increase in revenues of approximately $174,900. In addition, per an amended TIF agreement with the East Farmington TIF district, the City will recover $41,936 worth of fees which were charged to the developer and were not paid, and will be recovered through the TIF district. The total increase to revenues is $216,917. Expenditures increased by approximately $27,600, which is less than 1 % over the adopted budget. Council was advised that implementing the Comp Worth Plan, because it was the initial year, that part of it had been budgeted in the 1999 Council Minutes (Regular) November 15, 1999 Page 6 budget, but not all of it. The $27,600 is the difference between what was budgeted and the actual cost of the plan. There is also an addition to close the transfer of the Municipal Building Fund. The auditors suggested that deficit be eliminated. This revised budget acknowledges the revenues coming in and finds a place to apply them. Total expenditures will increase by $72,628. The revised budget shows an addition to the fund balance of approximately $237,000. MOTION by Soderberg, second by Strachan adopting RESOLUTION RI01-99 amending the budget for fiscal year 1999. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE Councilmember Strachan: The School Task Force is discussing an annual joint City/School District meeting that would cover both planning and combined tax burdens and what the planning is for that. The meeting will be designed as both a planning tool and a communication tool. He asked for thoughts from Council. His co-worker came to City Hall to pay his assessment, asked about a development and was referred to Lee Smick. He said he was dazzled by her service and the amount of time she spent with him. She answered every question, and offered him maps of the development. If she did not know an answer, she found out and got back to him right away. City Administrator Erar: Reminded Council ofthe Special Meeting November 16, 1999 to hear objections to CSAH 31 assessments. Regarding budget re-appropriations, Council should also be recognized for leadership it has shown in terms of fiscal stewardship of limited City resources. Mayor Ristow: He received letters regarding snow removal and passed them on to staff for reply at the next Council meeting. He has also received good comments on the ordinance. It was not Council's intent to put undue hardship on anyone, but the ordinance is for the betterment of the community and a cost-efficient way to get the job done. He received a notice from Senator Pariseau regarding a meeting in Northfield on December 1, 1999. There was a Veteran's Day gathering at the Senior Center that went well. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 8:40 p.m. APIF, MOTION CARRIED. Respectfully submitted, /r;;..~~~ ??/G~ L.~Cynthia Muller Executive Assistant