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HomeMy WebLinkAbout01.03.00 Council Minutes COUNCIL MINUTES REGULAR January 3, 2000 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, Acting City Attorney Poehler, City Management Team 4. APPROv.EA GENDA MOTION by Cordes, second by Soderberg to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Verch, second by Strachan to approve the Consent Agenda as follows: a) Approved Council Minutes (12/20/99) (Regular) b) Approved Revisions 2000 - 2004 CIP c) Acknowledged City Holiday Redesignation d) Acknowledged Waiver of Trespass - Right-of-Entry Agreement e) Received Customer Service Response Report Councilmember Soderberg commended City staff on the very high grades received on the Customer Service Response Report. f) Approved Corporate Name Change - B&B Pizza g) Approved RESOLUTION ROI-OO Gambling Event Permit - Southern Dakota County Sportsmens Club h) Approved bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Consider Resolution - East Farmington 6th Addition Drainage Easement Vacation Sienna Corporation has filed a petition to vacate a portion of the drainage and utility easements that were platted in the side yards of a number of the lots in East Farmington 6th Addition. In each block there was a utility drainage easement platted that contains the storm sewer pipe that drains the private parks. The Council Minutes (Regular) January 3, 2000 Page 2 homeowners association maintains the private parks. A request was made to increase the size of the easements from 6 feet to 10 feet to allow City Engineering staff better access to maintenance of the storm sewer drains. The 10 foot easements have reduced the buildable area of the lots and is causing a problem with fitting some house designs on the lots. Sienna discussed the situation in a meeting with the homeowner's association. Sienna indicated they had assumed all along that the association would maintain the drainage easement. This Public Hearing is to clarify the issue regarding vacating the easements. Sienna is requesting the easements in the 6th Addition be reduced by 4 feet. This would include Lots 3,4,5 Block 1; Lots 1,2,17 Block 2; Lots 11,12 Block 3; Lots 3,4,5 Block 4; Lots 2,3 Block 5; and Lots 8,9,10 Block 6. Councilmember Strachan asked how many of the people listed in attendance at the homeowner's meeting were actually residents of East Farmington? Mr. Kevin Hand, 509 10th Street, stated people at the meeting were members of the homeowner's association. It was not presented to the entire development. There are 2 homeowners on the association and there were 2 other residents there. Councilmember Strachan stated he asked because the Council wanted to make sure the people who live there understand accepting responsibility for this. Mr. Hand stated he did not understand the change to 10 feet in the beginning. Now he is wondering if there is a problem today, who is responsible for maintenance. Staff replied the association has maintenance responsibility. Mr. Hand stated there has already been a problem with drainage in one of the parks. It was taken care of by the developer. If down the line, a problem occurs could it bankrupt the association funds? The risk is being taken by the association and the benefit is to the developer and the builder. Can an escrow fund be set up to cover that? Staff stated in other multi-family developments that contain storm sewer catch basins located on private property, it is the homeowner's responsibility. Within developments, after the project is closed out, there is a one year warranty. Councilmember Strachan asked if it was typical for a homeowner's association to carry a balance to cover these issues? Staff replied it is typical for anything outside of the City's responsibility. In the future it will be specified in the Development Contracts that the homeowner's association will take control of the easements within the development. Mr. Hand stated at the association meeting, that Mr. Hardy presented an agreement indicating that the association already had control in phases 1-5. It was not sent to all the residents. A couple of residents have contacted Mr. Hand and would like to know if there is a drainage problem and water backs up, who has responsibility? Staff stated the homeowner's association is a representation of the entire development. They have the ability to make decisions on behalf of all the residents that live there. At the last Council Meeting, Council wanted to make sure the homeowner's association was notified and a decision on behalf of the association was made. Council Minutes (Regular) January 3, 2000 Page 3 Ms. Dorinda Grandbois, 512 14th Street, she is Secretary-Treasurer of the Association. She reviewed the covenants and it does state the association will take care of all maintenance issues in all common areas. She was under the assumption the association had always had responsibility. There is extra money in the budget to allow for maintenance issues. She does not feel they need 10 feet to get equipment in to maintain the drainage pipes. Mr. Mike McCallister, W. St. Paul, is a builder in East Farmington. He was representing three homeowners this will be affecting. He stated there was a French drain in one of the parks and it did not have a pipe coming out. It was not a repair, it was a redo of a line coming out to the road. So there have not been any repairs in the past 4 1/2 years. Ms. Grandois, stated she was under the assumption that if there were any repairs, the homeowners it affected would be assessed for the amount it cost to fix that piece. That is what the association is there for, to make sure the homeowners are not assessed for something that does not affect them. Councilmember Strachan stated this Council is very sensitive to the difference between the developer and the association. The Council wanted to make sure the residents living there will be taken care of. Mr. Hand asked if a good inspection will be done before it is finalized. There have been things in the first phases that Mr. Hardy had in his plans and promises that were never delivered. They were minor compared to infrastructure, but as this is much more important, he wanted to make sure inspections are done. Staff replied this is not to make any decisions on the inspections of the drainage easements. This is only to allow for the vacation of 4 feet of the easement. Mr. McCallister stated the homeowners have dream houses they want to put on these lots. He would like to see bigger lots, and these 4 feet are very important. The vacation of the easements is for the homeowners. As far as the common parks, the City will not be maintaining them. It was always the association's understanding they would be maintaining the easements. There are 85 homeowners in the 6th Addition that would like to see the easements go away. Twelve homeowners will be affected as to how their house is built. MOTION by Soderberg, second by Cordes to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Cordes, second by Soderberg to adopt RESOLUTION R02-00 vacating four feet of the drainage and utility easements within the East Farmington 6th Addition on Lots 3,4,5 Block 1; Lots 1,2,17 Block 2; Lots 11, 12 Block 3; Lots 3,4,5 Block 4; Lots 2,3 Block 5; and Lots 8,9,10 Block 6. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT Council Minutes (Regular) January 3, 2000 Page 4 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Annual Organizational Matten State law requires that the City Council address these matters during it first regular meeting of the year to make certain designations and appointments as follows: 10a(I). MOTION by Soderberg, second by Cordes that Councilmember Strachan be designated as Acting Mayor from January 3, 2000 through December 31, 2000. Voting for: Ristow, Cordes, Soderberg, Verch Abstain: Strachan Motion Carried. 10a(2). MOTION by Cordes, second by Verch that the Farmington Independent be designated as the official publication from January 3, 2000 through December 31, 2000. APIF, Motion Carried. 10a(3). MOTION by Strachan, second by Verch appointing the firm of Campbell Knutson, Joel Jamnik as City Attorney from January 3, 2000 through December 31, 2000. APIF, Motion Carried. 10a(4). MOTION by Cordes, second by Verch appointing the firm of Labor Relations Associates, Inc as Labor Relations Consultant for the year of 2000. APIF, Motion Carried. 10a(5). MOTION by Strachan, second by Soderberg appointing the firm ofBonestroo, Rosene and Anderlik as the City's Consulting Engineer for the year of2000. APIF, Motion Carried. 10a(6). MOTION by Soderberg, second by Cordes that the 1st National Bank of Farmington, League of Minnesota Cities 4M Fund, Dain Rauscher, Juran and Moody, Morgan Stanley Dean Witter, Premier Bank of Farmington and Salomon Smith Barney be designated as the Official Depositories from January 3, 2000 through December 31,2000. APIF, Motion Carried 10a(7). MOTION by Cordes, second by Verch that the City Council By-Laws be approved as presented. APIF, Motion Carried. 10a(8). MOTION by Soderberg, second by Strachan that all sworn personnel in the Farmington Police Department be designated as process servers for the calendar year 2000. APIF, Motion Carried. 10a(9). MOTION by Strachan, second by Verch that the following bonds now on file in the office of the City Clerk be approved: United Fire and Casualty Public Employees Blanket Bond January 1, 2000 through December 31, 2000 $250,000.00 APIF, Motion Carried. 10a(10). RESOLUTION NO. R 108-99 Establishing Fees and Charges for licenses and permits for 2000 was adopted December 20, 1999. Council Minutes (Regular) January 3, 2000 Page 5 10a(11). Appointments to Boards and Commissions - Candidates will be interviewed January 8, 2000 and appointments will be made at the January 18, 2000 Council meeting. 10a(12). MOTION by Cordes, second by Verch, to appoint Councilmember Strachan as the primary and Councilmember Soderberg as the alternate representative to the ALF Ambulance Board. Voting for: Ristow, Cordes, Verch Abstain: Soderberg, Strachan Motion Carried. 10a(13). MOTION by Strachan, second by Soderberg to appoint Councilmember Verch as the City's representative to the CEEF Committee. Voting for: Ristow, Cordes, Soderberg, Strachan Abstain: Verch Motion Carried. 10a(14). MOTION by Soderberg, second by Verch acknowledging the designation of Steve Strachan Councilmember, Dave Olson, Staff member and Todd Larson, Planning Commission member on the Joint Farmington/Empire Planning Board. Voting for: Ristow, Cordes, Soderberg, Verch Abstain: Strachan Motion Carried. 10a(15). MOTION by Strachan, second by Verch acknowledging the designation of Kevan Soderberg Councilmember and Lacelle Cordes Councilmember and John Erar, Staff member on the Multi-Jurisdictional Committee, Ash Street/Prairie Waterway Phase III Voting for: Ristow, Strachan, Verch Abstain: Cordes, Soderberg Motion Carried. 10a(16). MOTION by Strachan, second by Soderberg to appoint Councilmember Cordes as Council's representative to the Chamber of Commerce and Councilmember Verch as an alternate. Voting for: Ristow, Soderberg, Strachan Abstain: Cordes, Verch Motion Carried. b) Consider Ordinance - Vermillion Grove Schematic PUD Zone Change Rottlund Homes proposes to develop approximately 122.5 acres of land in the southeast quadrant of the intersection of CSAH 31 and CR 64 as a single and multi-family development with a small amount of land set aside for neighborhood commercial. The developer proposes the R-3 PUD zoning due to the variety of land uses within the development. The Schematic PUD plan establishes the underlying zoning and location for each of the different land uses within the development. The development proposes 97 single family units, 95 gardens! garden townhomes, 148 villa townhomes and 3.5 acres of commercial. Issues discussed were land uses, housing and homebuyer characteristics, transportation, and park and recreation issues. Mr. Michael Noonan, Rottlund Homes, gave an overview of the different housing types that will be available. MOTION by Soderberg, second by Verch to adopt ORDINANCE 000-447 approving the Vermillion Grove Schematic PUD Plan rezoning the Wenzel property from R-l to R-3 PUD. APIF, MOTION CARRIED. Council Minutes (Regular) January 3, 2000 Page 6 c) Communication VRWMO Appointment Staff was notified of the resignation of two commissioners of the Vermillion River Watershed Management Organization. The resigning commissioners are Dennis Miranowski and Bud Osmundson. Recent legislation authored by Representative Dennis Ozment prohibits the appointment of any staff members of member communities to WMO Boards after December 31, 1999. Only citizens of member communities that are not staff members of those communities are eligible to serve as a commissioner. Councilmember Cordes was nominated as a candidate for the VRWMO Board of Commissioners. d) Minnesota Department of Trade and Economic Development A letter was received by the Minnesota Department of Trade and Economic Development notifying the City that the HRA was awarded a $411,314 Contamination Cleanup grant for the Elm Park Dump. The City previously received notice that the Metropolitan Council grant was approved for funding in the full amount of $85,030. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Acting City Attorney Poehler: Gave an update on the Progress Land lawsuit. Progress Land filed a summary judgement motion to avoid trial by having the judge decide the issues. The judge determined an EA W was not completed and therefore the City did not fail to grant the development without awaiting the final requirements of the EA W. Also, regarding the draw on the Letter of Credit for the punch list items for Prairie Creek Additions 1-4, the judge's decision "there is a material fact issue with respect to the impact the incomplete punchlist items would have on the lots in question. The presence of factual issues makes this issue inappropriate for summary judgment." 1 Progress Land is now waiting for a trial on the remaining issues and having to refile their application with the EA W. City Administrator Erar: This is a major setback for the developer. It vindicates the City in two aspects. Throughout the process the developer's point was that the EA W was not properly processed. The judge found the developer did not submit a completed EA W for the City to review and that is why it is being extended out. It also vindicates the City in terms of punch list items. The judge found the City did do the proper thing in pulling the Letter of Credit and making sure the taxpayers in this process were protected relative to things that were not completed and continue to remain incomplete. Y2K was a non-event. Staff was in contact with each other and there were no problems. He recognized Police Chief Siebenaler and City Engineer Mann for their efforts with the Emergency Preparedness work. 1 Quoted from Summary Judgement Findings. Council Minutes (Regular) January 3, 2000 Page 7 There will be a workshop in February concerning the Akin Road turnback. Police Chief Siebenaler: Regarding the seasonal parking ordinance, 1000 courtesy warnings had been issued previous to the beginning of the year. As of January 2, 2000 75 citations were issued and another 40-45 on January 3, 2000. Ticketing and towing will commence January 4, 2000. Two seasonal parking permits have been issued. A number of requests have been turned down after finding suitable parking locations on their property. Parks and Recreation Director Bell: Attempting to flood the ice rinks. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 8:25 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~vTL~~ frld~ Cynthia Muller Executive Assistant