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HomeMy WebLinkAbout04.17.00 Council Minutes COUNCIL MINUTES REGULAR April 17 , 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, Soderberg, Strachan, Verch Cordes City Administrator Erar, City Attorney Jamnik, City Management Team 4. APPROYEA GENDA MOTION by Strachan, second by Soderberg to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS Ms. Kathy Bettinger, 4422 207th Street W, stated the residents of Riverside Addition are bringing to Council their concerns regarding a development on the corner of Akin Road and 20Sth Street. The developer, Mr. Jack Benedict, is proposing to build 42-45 senior condos. The proposed building site is bordered by 3 large gas pipelines, high line wires and wetlands. The proposed access is through the cul-de-sac at the west end of207th Street. When residents built their homes, they were assured nothing would be built on that land as there was no way to get to it. Residents built on the cul-de-sac because they are quieter and safer for children to play. Traffic would increase due to transportation for seniors. The builder mentioned all parking would be underground. Because of the water table in that area, the proposed parking would be sticking half way out of the ground and no amount of berming could hide it. The residents feel the land could be better used for a neighborhood park. Mr. Todd Arey, 20651 Devonshire Avenue, stated they do not have a petition, however, several members of the neighborhood are in attendance to support this. Councilmember Strachan inquired as to the status of the proposed development. Staff replied no formal applications have been made at this point. The City has met with the developer on his concept for development of this property. A senior condo is being explored by Mr. Benedict. This is consistent with the property's current zoning. Staff will respond to the residents. Council Minutes (Regular) April 17, 2000 Page 2 Ms. Laura Pierce, 19471 Evening Star Way, was recently informed there will no longer be summer public pool passes. She would like to see this reviewed to see if summer passes could be reinstated, especially for larger families. She has noticed many residents from other cities using the Farmington pool that have purchased Farmington resident pool passes, and have not been asked for identification as to where they live. She was concerned that she pays taxes in Farmington, yet non-residents were able to benefit from this. Mr. John Gilbertson, 3405 203rd Street W, stated he is not a Farmington resident, but is also concerned about the pool passes. He has a large family and going to the pool would be very expensive. He knows several other Farmington families that were also upset with not having pool passes. As a non-resident, they already pay more, but he feels it would be worth it to double the price for non-residents and make them prove who they are and reinstate the pool passes. The pass is more convenient than the ticket books. Mayor Ristow stated he has also received concerns from Mr. Jeff Thelen, 616 Lower Heritage Way, regarding the cost. Councilmember Soderberg asked if there was an arrangement for people who come in the morning and come back later in the day. Staff replied there is not, and will be included in staffs response. 7. CONSENT AGENDA MOTION by Verch, second by Strachan to approve the Consent Agenda as follows: a) Approved Council Minutes (4/3/00) (Regular) and (4/5/00) (Special) b) Approved Assessment/Sewer Connection Agreement - County Road 72 c) Accepted Customer Service Response Report d) Accepted Letter Requesting Skate Park e) Accepted Quarterly Building Permit Report f) Acknowledged Resignation - Authorized Notice of Water Board Vacancy g) Ratified Appointment Recommendation - Parks and Recreation Department h) Adopted RESOLUTION R22-00 Authorizing Street Lighting Contract - Downtown Streetscape Project i) Received Information on Capital Outlay - Administration Department j) Received Information on Capital Outlay - Parks and Recreation Department k) Adopted RESOLUTION R23-00 Designating MSA Mileage 1) Approved Police Joint Powers Agreement Amendment m) Received Information on School and Conference - Administration Department n) Received Information on 2000 Partnership Minnesota - Governor's Commendation (Councilmember Soderberg commended Karen Finstuen and staff for the fine work in submitting this application. He stated this is the way governments should work together to get things done). 0) Received Information on Tree City USA Designation p) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Consider Resolution - Easement Vacation East Farmington 7th Addition The Developer for East Farmington has requested that the City vacate the existing 20-foot wide drainage and utility easement on Lot 5 in Block 3. A 36-inch storm Council Minute,s (Regular) April 17, 2000 Page 3 water pipe currently exists within the easement. The Develojer proposes to remove and relocate the storm water pipe elsewhere in the 7 Addition, thereby rededicating a new drainage and utility easement in the platting process. The new location of the pipe will connect with the storm water pipe in the Henderson Addition. The cost will be paid by the Developer. MOTION by Soderberg, second by Verch to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Soderberg, second by Verch to adopt RESOLUTION R24-00 vacating an existing drainage and utility easement by removing the existing 36- inch storm water pipe and relocating it within a newly dedicated easement upon engineering approval within the East Farmington 7th Addition on Lot 5, Block 3. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT a) Consider Resolution - Audio Visual Equipment - Supplemental Sealed bids for the Audio Visual equipment, installation, and technical services as required for multi-media presentations and cable telecasting in the City Council Chambers, were opened on April 17, 2000. The low bid received was from Alpha Video and Audio, Inc. in the amount of $85,240.00. The equipment will be installed within the next 30-45 days. MOTION by Strachan, second by Soderberg adopting RESOLUTION R25-00 accepting the bid and awarding the contract for Audio Visual equipment, installation and services to Alpha Video and Audio, Inc. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Authorize Use of Eminent Domain - 2000 Trunk Water Main Project The Water Board has put plans out to bid for the 2000 Trunk Water Main Project. The westerly portion of the project consists of installing trunk water main along the new alignment of CSAH 31 from 195th Street to CSAH 50. The easterly portion of the project extends two mains to the Sprute Severson property, one along Trunk Highway 3 and one along the SE Trunk Sanitary Sewer. In order to insure that the easements can be acquired in a timely manner to allow for the construction of this project, the Water Board requested Council authorize staff to proceed with eminent domain proceedings, if it becomes necessary. The majority of property owners have indicated a willingness to work with the City on the project. Eminent domain will expire when the project is completed. MOTION by Strachan, second by Verch adopting RESOLUTION R26-00 authorizing staff to commence with eminent domain proceedings for the 2000 Trunk Water Main Project. This procedure will be utilized only as necessary to allow the project to move forward as needed. APIF, MOTION CARRIED. b) Consider Resolution - East Farmington PUD Sienna Corporation is proposing the final phase of the East Farmington development with the 7th Addition. The Developer proposes 68 single-family lots in the 7th Addition preliminary and final plat and the elimination of the 8th Addition that included 44 multi-family units. The multi-family units that are shown on the original PUD would be replaced with a City Park on Outlot E. Council Minutes (Regular) April 17, 2000 Page 4 The Developer proposes the following amendments to the East Farmington PUD: 1. Redesignate the temporary pond to a permanent pond in Outlot S East Farmington 1 st Addition and increase its size to be incorporated into the Prairie Waterway. 2. Remove the multi-family (units) land use identified in Outlot R East Farmington 1 st Addition. 3. Relocate the City Park from Outlot S East Farmington 1 st Addition to Outlot R East Farmington 1 st Addition and replat as Outlot E East Farmington7th Addition. 4. Reduce the number oflots in the East Farmington 7th Addition Block 5 from 17 to 10 lots. Regarding the removal of the multi-family land use, the obligations of the City for the Livable Communities Act will be met with the recent approval of schematic PUD plans for Vermillion Grove, Murphy Farm and Tamarack Ridge, which include approximately 690 multi-family units. The Developer's park dedication requirements will be met by relocating the City park to the newly platted Outlot E. Block 5 of the 7th Addition has been reduced from 17 to 10 lots because of the expansion of the pond to the south into Block 5. MOTION by Strachan, second by Soderberg adopting RESOLUTION R27-00 amending the East Farmington Schematic PUD as stated above. APIF, MOTION CARRIED. c) Consider Sprute/Severson Annexation Petition - Schedule Public Hearing The City has received a request from Katherine Sprute Severson and Charlotte Severson Oliver to annex 6.67 acres on the north side of County Road 66. This property has been petitioned for annexation to allow for the development of a stormwater pond to serve the property being developed by James Development on the south side of County Road 66. MOTION by Verch, second by Soderberg to schedule a Public Hearing for June 5, 2000. APIF, MOTION CARRIED. d) Consider Eureka Township Fire Contract Reimbursement Request Ms. Cheryl Schindeldecker, Chair ofthe Eureka Town Board has submitted a request for a refund of fire contract fees that the Township overpaid in 1996 and 1997. In computing the Fire service charges for these years an error occurred associated with the tax capacity value for Eureka Township. Instead of using the tax capacity value for only those selected sections of Eureka stated in their contract, the total tax capacity for the entire Township was used. This resulted in Eureka being over charged in 1996 by $11,549 and in 1997 by $13,029. As the fire contract formula is dependent on percentages, the decrease to Eureka's respective portion results in increases to the other three entities. Empire and Castle Rock Townships have been contacted with a request to pay the amounts identified as underpayments for 1996 and 1997. MOTION by Verch, second by Soderberg authorizing Eureka Township's Fire Contract reimbursement request. APIF, MOTION CARRIED. e) League of Minnesota Cities Annual Conference - Update The annual League of MN Cities Conference is scheduled to be held in St. Cloud from June 13-16,2000. Council Minutes (Regular) April 17,2000 Page 5 t) Resident Petition - Westlyn Court Parking Restrictions Request Staff received a petition from the residents ofWestlyn Court requesting placement of signs prohibiting parking in the court during school hours. The high school students are parking in the court in order to circumvent the need to obtain a parking permit in the high school parking lot. Mr. Ted Schoonover, 908 Westlyn Court, stated students are cutting through properties, littering, and smoking behind the homes. Parking after school hours is not a problem, as the students do not have to pay to park in the parking lot. Another resident stated when the signs were installed at Westwood Court, the students parked in Westlyn Court. He suggested installing signs in the next court to prevent this from happening. Staff replied it is important to receive a petition signed by all residents, before installing signs in the next court, as no parking would also affect them. MOTION by Soderberg, second by Verch authorizing the installation of the "No Parking During School Hours" signs in Westlyn Court. APIF, MOTION CARRIED. g) Citizen Petition - Nelsen Hills Residents Staff received a resident petition regarding stop signs at the intersection of Esquire Way and Essence Trail. Staff previously responded to one of the concerned residents regarding this issue. Based on the previous analysis performed last year at Everest Path and Esquire Way, staffhas indicated that stop sign warrants would not be met at the intersection of Esquire Way and Essence Trail. Mr. Steve Carraro, 18775 Essence Trail, stated a request was submitted for a slow traffic sign. He took offense to the City's response of encouraging children to play in the yard, and being accompanied by an adult when riding in the street. The bottom line is the safety of the children. He stated rules are made to be broken and if the intersection does not meet warrants for a stop sign, can a sign be installed anyway. Staff replied they will have to look for circumstances to justify doing this. Mr. Randy Leeman, 18649 Esquire Way, stated traffic needs to be slowed down on Esquire Way, as Essence Trail is downhill from Daisy Knoll Park. He would like two stop signs on Esquire Way. Mr. Scott Ericksen, 18614 Esquire Way, stated the traffic needs to stop on Esquire Way so residents can cross the street to the park. Mr. Corby Manes, 18609 Esquire Way, stated there are several more children in the area now than when the request was submitted in 1997. Council Minutes (Regular) April 17, 2000 Page 6 MOTION by Verch, second by Soderberg authorizing the City's traffic engineer to review the intersection at Esquire Way and Essence Trail. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Council member Strachan: He acknowledged Mr. Marv Wier for his service on the Water Board. Mayor Ristow: Inquired as to the progress on 1 st Street and Elm Street. Staff replied after a conversation with the property owner, the fencing has been restaked. It is still Mr. King's intent to move a house on the property and he has been working with his finance people. It is possible Mr. King will be coming to the Planning Commission with a request for extension on the CUP. Mayor Ristow stated the City has been more than patient. He needs to clean it up. There have been numerous communications with Mr. King to move the process along. Mayor Ristow also stated there will be an awards ceremony at North Trail Elementary April 18, 2000. Mr. Steve Carraro, 18775 Essence Trail, had a question regarding the seasonal parking ordinance. He stated it was 55 degrees, he left his car parked in front of his house and received a ticket. He wanted to know if tickets were being issued with such good weather. Mayor Ristow stated the Council will be reviewing the ordinance, but they are trying to stay consistent with all situations. 14. EXECUTIVE SESSION -Administrator's Review Council adjourned into Executive Session at 8:45 p.m. Respectfully submitted, ,~,~~ /7?~ 'Cynthia Muller Executive Assistant