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HomeMy WebLinkAbout05.01.00 Council Minutes COUNCIL MINUTES REGULAR May 1, 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. APPROVE AGENDA MOTION by Soderberg, second by Strachan to approve the Agenda. APIF, MOTION CARRIED. s. ANNOUNCEMENTS a) Letter of Appreciation - Mr. Marv Wier Mr. Marv Wier was recognized for 10 years of service on the Water Board. He will be resigning effective May 31, 2000. 6. CITIZEN COMMENTS Mr. Anthony Pena, 18906 Embry A venue, wanted to make Council aware of a speeding problem that still exists on Embry Avenue. Cars rev their engines at the top of the hill, speed down the hill and around the curve. He contacted the Police Department, but has not seen anyone out there. After their fIrst request the City installed a Steep Grade sign and a Stop Ahead sign at the top of the hill. The residents would now like the speed limit lowered. The Police will investigate the situation and respond. Mr. Andrew Weisner, 18949 Embry Avenue, speeding is a big problem and it is not just kids. It also occurs in the morning and evening. There are no speed limit signs in the neighborhood. He would like speed bumps installed, and has assembled a neighborhood watch to log cars traveling down the street and 911 calls. He also presented Council with letters from two other residents. He would also like Children at Play signs. The Police will investigate and respond. Ms. Stephanie Juno, 18858 Embry A venue, stated Embry Avenue seems narrower than others in the neighborhood. Cars park on the street and it makes the bend in the road narrower. It is a blind turn depending on the foliage growing in the area. She would also Council Minutes (Regular) May 1,2000 Page 2 like to see speed bumps. Officers that have patrolled the area, park in front of her home and anyone coming down the hill can see them. a) Citizens Concerns - Riverside Estates Development Proposal Responses to the residents concerns raised at the April 17, 2000 meeting were sent to the residents. Several residents were in attendance showing opposition to the senior condo development in Riverside Estates. Mr. Todd Arey, 20651 Devonshire Avenue, had several questions regarding staff's response, including how much of the area is buildable and how many units are proposed. Staff replied one acre is buildable and 50 units are proposed. The residents are not convinced it will stay as senior condos, that it might be a site for low income housing. Mr. Arey wanted to know what the requirements are. Staff replied the zoning ordinance does not distinguish between owner-occupied and rental, or between the value of the building and other houses in the area. Mr. Arey asked if there was anything to prevent the building from switching. Staff replied they are not aware of any low income housing that has amenities such as underground parking. Mr. Arey stated the residents did not build their homes with the understanding that 295 extra cars per day would be driving through the neighborhood. The brochure the residents were given regarding the development clearly states cul-de-sac. The residents feel they have been mislead by the developer. Mr. James Harms, 20625 Devonshire Avenue, stated they were the first to build in Riverside Estates. As others began to build, it was stated over and over, especially on 207th Street that the property could not be developed. He was wondering if that could be considered an oral contract. He thought the City would be hesitant to work with developers who do not keep their promises. If promises are made to deceive, that is not good, and should not be rewarded. Mr. Fred Last, 4413 207th Street, stated more residents than just the cul-de-sac have been told there would be nothing built there. There are about 70 children in the neighborhood, and feels that would be an ideal area for a park. Ms. Rhonda Rasmussen, 4232 207th Street, stated they chose the neighborhood because they believed in what the builder was doing and it was a very close-knit neighborhood. She is concerned about the children playing and the affect on the quality of life. Ms. Jennifer Molitor, 4440 207th Street, was also promised there was no way anyone could build there due to the gas lines. They were promised it would be a cul-de-sac and is concerned with the extra traffic. Ms. Kelly Carufel, 4457 207th Street, stated their house is next to the field. She wondered if there could be a compromise and build a house or a couple Council Minutes (Regular) May 1,2000 Page 3 townhouses. This would reduce the amount of traffic and would make the neighborhood look better than a condo building. Mr. Keith Carufel, 4457 207th Street, was told there would be no access to that property. He thought there was access to the property from Pilot Knob at one time, but now there is a guard rail. He was told by a few people that it was a done deal. Mayor Ristow stated there are four regulations that need to be met. Mr. Dave Mohr, 4435 207th Street, stated he is concerned with the behavior of the developer. He has heard from nine families that were told the property would not be developed. He was told by the developer they were lucky they did not build a 70 unit low income housing unit. He hoped there was something in the system of City government that would provide for this abuse. Mayor Ristow stated this is only a concept and nothing has been presented. It has to go through the Planning Commission. Mr. Mohr then asked if the land could be rezoned. Councilmember Soderberg stated the property owner would have to petition for rezoning. Attorney Jamnik stated in dealing with real estate, most oral promises are not enforceable. Ms. Diane House, 4347 207th Street, wanted to know if when Jack Benedict purchased the lots, if it was contingent on him buying the R-3 lot. She was told Mr. Benedict purchased the 5.8 acres from Mr. Nordseth recently. That land was not part of the development. Ms. Kathy Bettinger, 4422 207th Street, asked if it was unusual for a developer to put in housing and then build multi-family. Staff replied, typically multi-family is done first, then single family units. However, several developments have done single family first. Ms. Bettinger asked if there was anything the residents can do to make this parkland. Staff replied the park dedication requirements have been met. Mr. Jeff House, 4347 207th Street, stated he is concerned about the number of cars and the number of outlets onto the street. Mayor Ristow stated he appreciated everyone's concerns, but right now it is only a concept. Until something is presented and goes through the procedures, there is not much Council can do. Ms. Judy Empey, 4402 207th Street, stated if it is conceptual, could a petition change the zoning. Mayor Ristow stated the property owner has to petition for rezoning. . The information will be forwarded to the Planning Commission, which will hold a Public Hearing. Council Minutes (Regular) May 1, 2000 Page 4 b) Citizen Concerns - Municipal Pool Ms. Kathy Ellis, 600 Park Drive, stated they have 7 children and were thrilled last year when they could buy a pool pass for $75 for the whole family. They received a letter from the Recreation Division saying the pool passes would no longer be available but were switching to ticket books. Last year they went 50 times. With the ticket books they would be able to go 6 times for the same amount of money. The pool does not have water slides, or anything extra, but it is a nice place for families to go. Their family will not be able to spend that much money to go to the pool. Councilmember Soderberg, stated he has had conversations with other residents in the community. After some phone calls he began asking about the pool situation. He has yet to find anyone who objects to having a pass for families in the community. The pool is not an enterprise fund, it is an extension of the parks. The City tries to recoup some of the cost for running the pool through admission fees. He stated he would be in favor of having pool passes in the fee structure for the community, even if it changes the operation such as having picture I.D.'s. Ms. Kathryn Ekness, 20665 Dallas Avenue, takes her granddaughter to the pool. She buys a pass to watch her at the pool and would be willing to pay a lot more for that pass. People at the pool begin to know the families who attend the pool. If you want to use picture I.D.'s, she did not think. anyone would mind. She would like the City to go back to the pool passes. Ms. Kim Soderberg, 1312 Fairview Lane, stated she does not use the pool, but feels it is a great benefit for the community. She would be willing to volunteer to take pictures for I.D.'s. Staff stated they have had situations where families have someone staying with them and bring them in under the season pass. The City does not know everyone in Farmington, they used to, but not any more. Staffhas proposed options to Council, but will review the situation further and report back to Council. c) Citizens Concerns - Traffic Control Esquire Way - Update This item will be brought back to the May 15, 2000 Council Meeting. 7. CONSENT AGENDA MOTION by Cordes, second by Soderberg to approve the Consent Agenda as follows: Item 7a) Regular Council Minutes of 4/17/00 were pulled so Councilmember Cordes could abstain as she was absent from the meeting. Item 7a) Special Council Minutes of 4/19/00 were pulled so Councilmember Verch could abstain as he was absent from the meeting. Item 7d) was pulled for discussion. b) Approved Gambling Premises Permit - Civil Air Patrol c) Approved Fire Protection Agreement with Surrounding Townships e) Adopted RESOLUTION R29-00, Accepting Donation from Dakota Electric Council Minutes (Regular) May 1,2000 Page 5 f) Received Information on Council Review of Administrator Performance g) Approved bills APIF, MOTION CARRIED. a) Motion by Soderberg, second by Strachan approving the Regular Council Minutes of 4/17/00. Voting for: Ristow, Soderberg, Strachan, Verch. Abstain: Cordes. MOTION CARRIED. Motion by Soderberg, second by Cordes approving the Special Council Minutes of 4/19/00. Voting for: Ristow, Cordes, Soderberg, Strachan. Abstain: Verch. MOTION CARRIED. d) Authorize Advertisement for Bids - Fire Department Councilmember Verch would like to see the bid date extended to 45 days to June 15, 2000. He also would like to have three people go to at least the pre- construction visit instead of two people. Administrator Erar stated the issue of site visits has been discussed internally. The decision was made administratively given the fact all bidders must provide a bidders bond, be a member of the Fire Apparatus Manufacturers Association, provide a minimum of 10 references, and warrant the apparatus for two years. Conversations with the City Attorney indicated no visits were necessary unless a business justification could be made. After numerous discussions, Administrator Erar agreed to allow two visits with two members each. Mayor Ristow stated what if there were three or four people there and something was still missed. Councilmember Verch stated they would like a third person there in case the other two do not agree. Mr. Tim Pietsch, co-chair of the truck committee, stated there are some inconsistences he would like to point out. The original document he received from City Attorney Jamnik dated August 8, 1999, stated he questioned whether the two paragraphs regarding the truck site visit are necessary, but it is a traditional bid specification and some type of site visit at the bidders expense is probably warranted given the size of the purchase and the significance to the community. At that time, the committee put together 33 pages of documents that spell out the truck construction. There are 34 items tied to the pre-construction and pre-paint visits. In February they were told there would be no site visits. At that time they proposed six people for three visits. Mayor Ristow stated the protocol is that it goes through staff. He asked if changes can be addressed there, and does not understand the purpose for anyone going. If there is no visit, could the 34 items be done wrong? Mr. Pietsch replied the 34 items are tied to locations of different materials. A fire truck is a very specific piece of equipment. Each truck is different. In the committee's last memo they requested three people go. They would have to make every decision without reporting back to the committee. Give the magnitude of the purchase, one more person would not be that much of a cost addition. At this time, they do not know where the truck will be built. Council Minutes (Regular) May 1, 2000 Page 6 Mr. Brad Parker, member of the committee, stated if three people go, they would be able to make some decisions at that time. There have been several committee meetings, but as they are volunteers, not everyone was at every meeting. A third person would help to keep the process moving. Mr. Tim Pietsch stated there are seven people on the truck committee. With three people there would be a swing vote if two do not agree. Councilmember Cordes asked what the reasoning is to go for a pre-paint. Mr. Pietsch replied the reasoning is in case they find something that is not to their desire before the vehicle is painted, it can be corrected. Otherwise, there could be mismatches, or rusting in the future. Council agreed to change the number of days for the bid from 30 days to 45 days. MOTION by Verch to modify this item from two members to three. Motion died for lack ofa second. MOTION by Cordes, second by Soderberg, authorizing the advertisement for bids for the purchase of a new Fire Department Pumper Truck. Voting for: Ristow, Cordes, Soderberg, Strachan. Voting against: Verch. MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT a) Consider Resolution - 2000 Sealcoat Project Allied Blacktop Company has submitted the low bid in the amount of $85,786.00. Based on this bid and including a 10% contingency and 27% for legal, engineering and administration costs, the total estimated project cost is $119,900. The Council indicated at the public hearing on the project their intent to assess the benefiting property owners 50% of the project costs, which was estimated to be $60.42 per residential equivalent unit in the feasibility report. MOTION by Cordes, second by Soderberg, accepting the base bid of Allied Blacktop Company for $85,786.00 and awarding the project, also directing staff to prepare the proposed final assessment roll allocating 50% of the project costs to the benefiting properties. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Consider Resolution - East Farmington 7th Addition Preliminary and Final Plat Sienna Corporation pro~oses the final phase of the East Farmington PUD development with the 7 Addition. The developer proposes 68 single family lots in the 7th Addition preliminary and final plat. Approximately 15 feet of the easterly portion of the property at 1004 Maple Street exists in the 11 th Street right- of-way. The developer has been dealing with the owners of 1004 Maple Street for six weeks in order to acquire the 15 feet of right-of-way. In order to keep the Council Minutes (Regular) May 1,2000 Page 7 process going, Sienna is requesting to commence with eminent domain proceedings in two weeks with a 90 day quick take. Staff recommends approval of the Preliminary and Final Plat with the following conditions: 1. Lots 9 and 10 Block 2 will not receive building permits until the proposed easement or right-of-way that fronts these lots on 11 th Street has been deeded to the City. 2. The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, stOrln water and utilities by the Engineering Division. Mr. John Jolly, 1004 Maple Street, stated this has not been a good process, especially with the letter recently received. He questions the agreement made in 1994 which they were not informed of. The Jolly's fIrst heard of this in March and have tried to negotiate in good faith. There has been one meeting and a couple phone calls. In his mind, this is not having negotiations. They do not feel they are out of line with their request. They will be losing 27 years of privacy, but are willing to reach an agreement. Mr. Rod Hardy, Sienna Corporation, developer of East Farmington, stated in terms of dealing with the resolutions, regarding the issue of the acquisition of the easement, the correspondence from the Jolly's was received on Friday. Sienna is prepared to meet with the Jolly's to arrive at one of the options they have brought forth. Mr. Hardy stated the quality of communication is what is important, not the number of meetings. He thought it might be benefIcial to have someone from the City attend the meeting. Ms. Geraldine Jolly, 1004 Maple Street, asked in 1994 when the agreement was agreed to by the Council, did the Council not have an obligation to notify the property owners? Mayor Ristow stated the normal procedure would have been for owners within 350 feet to be notifIed. MOTION by Strachan, second bl Cordes adopting RESOLUTION R31-00 approving the East Farmington 7 Addition Preliminary and Final Plat contingent on the above mentioned conditions. APIF, MOTION CARRIED. MOTION by Strachan, second by Cordes to table eminent domain proceedings to the May 15,2000 Council Meeting. APIF, MOTION CARRIED. b) Consider Resolution - Autumn Glen Final Plat Arcon Development has submitted Final Plat plans for the Autumn Glen development, located east of the Akin Park Estates and Limerock Ridge neighborhoods. The Final Plat of the First Addition contains 41 single-family lots. MOTION by Soderberg, second by Strachan adopting RESOLUTION R32-00 approving the Autumn Glen 1 st Addition Final Plat contingent on the Council Minutes (Regular) May 1,2000 Page 8 preparation and execution of the Development Contract and approval of the construction plans. APIF, MOTION CARRIED. c) Consider Resolution - Autumn Glen Development Contract The Development Contract for Autumn Glen 1 st Addition has been drafted in accordance with the approvals and conditions placed on the approval of the Preliminary and Final Plat. Contingencies are as follows: 1. The City and Developer enter into a Developer Contract. 2. The Developer provides the necessary security in accordance with the terms of Development Contract. 3. The Developer pays its apportioned share of costs for the construction of 195th Street. MOTION by Soderberg, second by Cordes adopting RESOLUTION R33-00 approving the execution of the Autumn Glen 1 st Addition Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. d) Update Minnesota State Building Code Amendment Council received information on a new state law regarding new energy requirements contained in the State Building Code which became effective April 15, 2000. e) Acknowledge Charter Communications Rate Increase Council received information on cable service rate increases. 11. UNFINISHED BUSINESS a) Consider Public Facilities Task Force Recommendations At the April 19, 2000 Joint Council Workshop, the Council concurred that certain action items should be presented to Council for approval in order to move the facilities planning and construction process forward. Staff requested Council approve the Requests for Proposals for Construction Management Services and Architectural Services, authorize the use of Lease Revenue Bonds for the LEC and CMF, approve a recommendation of approval for the HRA to issue Lease Revenue Bonds, and approve the placement of signage on the City site identifying the planned construction of the LEC and CMF. MOTION by Cordes, second by Soderberg approving the above items. APIF, MOTION CARRIED. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Police Chief Siebenaler: Thanked Council for authorizing the new facilities. City Engineer Mann: Thanked Council for authorizing the new facilities. Council Minutes (Regular) May 1, 2000 Page 9 Mayor Ristow: He has received a couple phone calls regarding train whistles. He informed them the state representatives have been delaying the issue. City Attorney Jamnik will update the Mayor on the status. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 10:30 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~d?~ ??-7~~ Cynthia Muller Executive Assistant