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HomeMy WebLinkAbout02.07.00 Council Minutes COUNCIL MINUTES REGULAR February 7, 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, City Attorney Jamnik, City Management Team 4. APPRO VE A GENDA MOTION by Cordes, second by Verch to approve the Agenda. APIF, MOTION CARRIED. s. ANNOUNCEMENTS a) Elm Park Clean-Up Presentation - Mr. John Conzemius, Metropolitan Council This was continued to the February 22, 2000 Council Meeting. b) Staff Introduction - Parks and Recreation Department Mr. Andy Halvorson was introduced as the new Recreation Program Specialist in the Parks and Recreation Department. c) Staff Introduction and Oath of Office - Police Department Mr. Mark Sundgren was sworn in as a new Police Officer. 6. CITIZEN COMMENTS 7. CONSENT AGENDA 7a) Approve Council Minutes (1118/00) (Regular) This item was pulled so Mayor Ristow could abstain from voting as he was absent from the January 18,2000 Council Meeting. MOTION by Soderberg, second by Cordes approving the minutes. Voting for: Cordes, Soderberg, Strachan, Verch. Abstain: Ristow. MOTION CARRIED. MOTION by Strachan, second by Verch to approve the Consent Agenda as follows: b) Approved Fire Department Bylaws - Amendments c) Received Information Capital Outlay - Administration Department d) Received Information Capital Outlay - Administration Department e) Received Information Capital Outlay - Parks and Recreation Department t) Received Information Capital Outlay - Public Works Department g) Received Information School and Conference - Community Development Department Council Minutes (Regular) February 7, 2000 Page 2 h) i) j) k) 1) m) n) Received Information School and Conference - Fire Department Received Information School and Conference - Parks and Recreation Department Received Information 1999 Liquor Operations Sales Report Acknowledged 1999 Recycling Survey Results Authorized Assessment Agreement - Water Connection Approved Change Order - County Road 72 Project Adopted RESOLUTION R07-00 approving Specifications and Authorizing Advertisement for Bids - Truck Chassis - Parks and Recreation Department 0) Authorized Hwy 3 Frontage Road Project - Re-Authorize Property Acquisition p) Approved Bills APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS These items were moved forward to accommodate the audience. a) Consider Comprehensive Plan and Ordinance Amendment - Silver Springs Zone Change Request Mayor Ristow stated there have been questions regarding a conflict of interest on his behalf. He has discussed the matter with the City Attorney and there is no conflict of interest and he is not in business with Mr. Giles. Mr. Tim Giles, developer of Silver Springs, is seeking to amend the Comprehensive Plan and rezone the subject outlots within the Silver Springs 2nd Addition from R-I (Low Density Residential) to B-4 (Neighborhood Commercial) and R-3 (High Density Residential). The property is located at the northeast intersection of Pilot Knob Road and 190th Street between English Avenue. Mr. Giles proposes a professional office building within the commercial area and a 3-unit townhome within the R-3. At the public hearing held during the Planning Commission meeting on December 14, 1999, neighborhood residents expressed several concerns: Increased traffic through the neighborhood, primarily along English Avenue Lack of traffic control, vehicle speeds Egress onto English Avenue, design of English Avenue Lack of sidewalks, pedestrian safety Diminished property values Need for park space Does not conform to the current Comprehensive Plan Vacant commercial exists along Pilot Knob Road north of the proposed site Residents also were concerned about the rezoning violating covenants of Silver Springs in allowing a use other than single-family homes. The covenants are between the developer and the residents and the City cannot legally take these covenants into consideration. The Council was asked to state Findings of Fact either supporting or rejecting the application to amend the 2020 Comprehensive Plan and rezone the subject property. Mr. John Wagner, attorney for Mr. Giles and TC Construction, stated the developer originally proposed a B-1 zoning for a gas station/convenience store. This application was withdrawn based on the citizens' comments. The property was then left as parkland and single family use. The request has now been Council Minutes (Regular) February 7, 2000 Page 3 changed to rezone to B-4. If the Council approves the request, the developer has to apply for a building permit and this would again come to Council for approval. Citizens can then object to the footprint of the building. There are currently no contracts for this site. Councilmember Cordes asked if Council approves to rezone the property to B-4 and a proposed business comes in that meets the B-4 requirements Council cannot not approve it, correct? City Attorney Jamnik replied that is correct if it is a permitted use under B-4 zoning. Mr. Tom McLaughlin, 19070 Enchanted Court, stated when the City Planner gave the summary, it was stated this property originally was not a part of Silver Springs. At that time, was it known that it might be difficult to sell single family homes on this property? That seems to be the reasoning for the rezoning. Why request a rezoning when this was not an original part of Silver Springs? Mr. Wagner replied this property was purchased by TC Construction for future land development. Then the highway department changed the road. Mr. Giles stated the property was purchased in 1985, before the location of the road was planned. Ms. Robin Hanson, 18880 Elgin Avenue, represented the residents of Silver Springs. The residents want to keep the land zoned residential. A petition with 130 signatures was presented to Council opposing the rezoning. She gave a chronology of events regarding the rezoning of Silver Springs and reasons why the rezoning is in direct conflict with the 2020 Comprehensive Plan. The residents felt the current lots that are zoned B-4 would serve their needs. There is a single access from this property on English Avenue, which is a high traffic area. They also felt this property was not unique as the other three comers of the intersection are single-family homes. Mr. Bob Wilson, 5392 180th Street, asked if the zoning is approved, who pays for the upgrading of streets, sidewalks, and lights. The Mayor replied any improvements would be paid for by the developer. Staff stated as far as street lights, the County and the City would have to discuss that. There would be no additional assessments. Ms. Sheila Lund, 1004 Westview Drive, asked if there has been a study done on the safety issue as far as what the B-4 zoning would do to the traffic. Mayor Ristow replied that would be done when the type of business to be built on the property is established. Police Chief Siebenaler stated the police have been spending more time in that two-block area of English Avenue than anywhere else and have not observed excessive speeds. A traffic study could not be done with any degree of accuracy without the type of business established. Mr. Dave Runge, 5403 188th Street, stated he understood the County has done a study for traffic lights at the intersection of 190th Street and Pilot Knob Road and found a traffic signal was not justified. Staff replied a study has not been done on 190th Street and English Avenue. Council Minutes (Regular) February 7, 2000 Page 4 Mr. Howard Hennen, 18854 Emblem Court, stated there is a safety concern in the neighborhood as there were three boys killed in the area and two young children hit on English Avenue. Police Chief Siebenaler stated there was one incident on English Avenue on October 15, 1999, and an agenda item was submitted to the Council on November 1, 1999. He has also reviewed the 911 tape and prepared a transcript of the tape. The report of the accident was reported as an incident, stating there is not an accident. A review indicated a child traveling west on 188th Street, turned south on English Avenue. A vehicle traveling north on English Avenue, assuming the child would cross in front of the vehicle, slammed on the brakes causing skid marks in the middle of the street. The caller on the tape was not sure two vehicles collided, stating there was almost nearly an accident. Therefore, while brakes were used and skid marks were left, there was not an accident involving a child at that intersection on October 15, 1999. City Administrator Erar stated the City takes public safety very seriously and the Police Department makes every effort to ensure public safety is enforced. Squads have been stationed there at every request. Councilmember Cordes stated she makes her decisions in the best interest of Farmington. Anytime we can increase our business or commercial areas it is good for Farmington. She did not feel putting a commercial area here would make or break Farmington. She did not support the rezoning. Mayor Ristow stated the City spent a great deal of time laying out the future of Farmington in the Comprehensive Plan. There have been many meetings involving developers and stakeholders while developing the Comprehensive Plan. The Comprehensive Plan is a guide for Council to use. This property has been zoned R-l for 30 years and does not see any reason why it should change. Councilmember Soderberg stated in a B-4 zone, if a light manufacturing or assembly plant petitioned to build there, Council could not turn it down. He does not see where it would be beneficial in this area. Councilmember Strachan stated the Planning Commission did their job. He gave the residents a lot of credit for stating very rational and dispassionate arguments. For Findings of Fact he stated there would be a negative traffic impact, there is one access only off of English Avenue, there is a grade to the road which makes it somewhat special. Secondly, there are open commercial zones nearby and planned in Charleswood and to add additional commercial zones in the northern end of the City is specifically contradictory to Council's commitment not only to the Comprehensive Plan, but to keeping our downtown business district vibrant. Finally, Council also has to take into account the opinions of the neighborhood and clearly there is opposition. He feels it is a detriment to the neighborhood to change the zone. The Comprehensive Plan can be changed if there is a compelling reason and as Chairmain Rotty stated in the Planning Commission meeting, he does not see a compelling reason to change it and Councilmember Strachan agreed with that. MOTION by Strachan, second by Cordes, adopting these Findings of Fact rejecting the application for both the B-4 and R-3 rezones. APIF, MOTION CARRIED. Council Minutes (Regular) February 7, 2000 Page 5 b) Consider Ordinance Amendment - Murphy Farm PUD Zone Change Request D R Horton and Arcon Development propose to develop approximately 210 acres east of Pilot Knob Road, south of the proposed Vermillion Grove subdivision, west of the Pine Knoll subdivision and north of Middle Creek and the Farmington Industrial Park. The developers propose R-3 zoning, single and multi-family housing within the development. The Schematic PUD plan establishes the underlying zoning and location for each of the different land uses within the development. Staff presented the Schematic PUD plan to Council. The Wilson property will stay as an R-l at this time if they are not interested in negotiating with the developer. Regarding the McCarthy property, the City had nothing to do with anything between the two properties in the 1970's. It was an exchange between a seller and a buyer. The City has been made aware that legal documents indicate the property sits in a dedicated right-of-way, which was given to the City by the property owner. Mrs. Nancy Wilson, 5200 203rd Street, asked when that was done, if it was recorded with the County. Staff replied the attorneys would have been required to check with the County. Mr. McCarthy stated his title insurance is currently checking with the County. Mr. Larry Frank, Project Manager with Arcon Development, stated they have contacted the Wilson's over the last 2-3 months. A proposal has been sent to Mr. McCarthy. MOTION by Soderberg, second by Cordes adopting ORDINANCE 000-448 approving the Murphy Farm Schematic PUD rezoning the property from R-l to R-3 PUD excluding the Wilson property and contingent on the resolution of the McCarthy easement encroachment issue. APIF, MOTION CARRIED. c) Consider Ordinance Amendment - Tamarack Ridge PUD Zone Change Request James Development Company proposes to develop approximately 58 acres east of Trunk Highway 3, south of County Road 66, west of the Prairie Waterway and Cambodia Avenue and north of208th and 209th Streets in eastern Farmington. The developers propose single and multi-family residential within the development and a commercial site along TH 3. The schematic PUD plan, which establishes the underlying zoning and location for each of the different land uses within the development, was presented to Council. MOTION by Strachan, second by Verch to adopt ORDINANCE 000-449 approving the Tamarack Ridge Schematic PUD rezoning the property from A-I to R-3 PUD. APIF, MOTION CARRIED. d) Ash Street Feasibility Report Update The fieldwork necessary to produce the feasibility report was completed in December of 1999. A draft report will be ready to be brought to Council at the first Council meeting in April. Council Minutes (Regular) February 7, 2000 Page 6 e) Consider Resolution - Dakota County Cities Legislative Position Paper The Dakota County/City Manager's Group has been working on the development of a legislative position paper for the 2000 Legislative Session. Issues include the repeal of state sales tax on government purchases, transportation funding, state aids, levy limits, state mandates and housing. MOTION by Cordes, second by Verch adopting RESOLUTION R08-00 supporting the Dakota County City and County Managers recommended legislative issues for the 2000 session. APIF, MOTION CARRIED. f) Consider Resolution - Retain Local Authority to Negotiate Award and Regulate Cable Television Franchises Adoption of this resolution was tabled due to new information. g) Approve Gambling Event Permit Fee Waiver - Dakota Valley Arts Council The Dakota Valley Arts Council is requesting a Gambling Event Permit for a raftle to be held at the Farmington Eagle's Club. The DV AC is requesting the fee be waived based on the state's policy to waive fees for any event less than $750. MOTION by Soderberg, second by Cordes adopting RESOLUTION R09-00 granting a Gambling Event Permit to the Dakota Valley Arts Council at the Farmington Eagle's Club, 200 3rd Street. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Consider Adoption - Business Subsidy Policy The 1999 Minnesota Legislature enacted a new law which regulates business subsidies awarded after August 1, 1999. The law introduces new operating and reporting requirements for local units of government that provide business subsidies. MOTION by Soderberg, second by Cordes to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Verch, second by Strachan adopting the Business Subsidy Policy as recommended by the HRA Board. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 11. UNFINISHED BUSINESS a) Authorize RFP Audio Visual Services Staff is seeking authorization to solicit Requests for Proposal for audio/visual design services, equipment recommendation and installation of multi-media presentation and telecast system for the City Council Chambers. As a result of the Cable Franchise Agreement, the City has telecommunications funds that may be used for capital equipment acquisitions and physical enhancements to the Council Chambers for purposes relating to the public telecast of government programming. Mr. Mark Moore, the cable coordinator for Apple Valley, Farmington, and Rosemount gave a presentation on the audio/visual equipment and future plans. MOTION by Verch, second by Soderberg authorizing the transmittal of a Request for Proposal for the design review, acquisition of equipment and installation of an audio/visual system in Council Chambers, and further authorize the advertisement calling for competitive bids. APIF, MOTION CARRIED. Council Minutes (Regular) February 7, 2000 Page 7 b) CSAH 31 Fence Project Update Staff contacted the owners of property abutting CSAH 31 and held a neighborhood meeting to ascertain the level of interest in a fence project. At this time, nine property owners have indicated interest in a fence project. The cost of the project would be totally assessed to the property owners. The cost to a property as part ofa City project would be approximately $3,500. If the homeowner contracted the work privately, the cost would be $2,750. Based on the relatively few property owners interested in the project and the associated costs if the City were to administer the project, it could appear that it is more cost effective for the residents to contract individually for fencing along CSAH 31. MOTION by Soderberg, second by Cordes to discontinue the CSAH 31 fence project. APIF, MOTION CARRIED. c) Akin Road Turnback - Schedule Council Workshop A Council Workshop was scheduled for February 15,2000 to discuss Akin Road turnback issues raised by Dakota County. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Mayor Ristow: Kevin Raun, of ALF Ambulance will present their annual report at the March 6, 2000 Council Meeting. He received a letter from Mr. Harris thanking Council for adopting the Vermillion River Watershed plan. A ribbon cutting was held for the new fitness center on 3rd Street. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 10:15 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~/7'1udffJ Cynthia Muller Executive Assistant