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HomeMy WebLinkAbout07.17.00 Council Minutes COUNCIL MINUTES REGULAR July 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. ROLLCALL Members Present: Members Absent: Also Present: Ristow, Cordes, Soderberg, Strachan, Verch None City Attorney Jamnik, City Management Team 4. APPROYEAGENDA MOTION by Strachan, second by Verch to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Project Northland - Presentation Ms. Marianne Feely, Project Northland Coordinator gave a brief presentation. Project Northland is an adolescent alcohol prevention program to reduce the use of alcohol among youth. Fannington and Lakeville were awarded a grant to implement the program which will be conducted in the Middle Schools. An action team comprised of people in the community is currently being formed. 6. CITIZEN COMMENTS a) Mr. Ellsworth Hoeppner, 27 Walnut Street, brought to Council's attention the noise coming from a 40-foot refrigerated trailer parked on the street every weekend. He wanted to know if the City had a noise ordinance. The trailer runs all day Saturday in the middle of the street, then it is moved to Ken Hanson's property where it runs off and on all night. They are unable to sleep for the noise. They reported it to the police two weeks ago. The Police Department said they would have the trailer moved out of the City, but it was back this past weekend. The Police Department will respond. Ms. Kay Hoeppner, 27 Walnut Street, stated the noise from the trailer is also annoying neighbors across the tracks. This has happened more than once. It is a very serious situation that has been going on for three months. There is also another trailer on the comer. She mentioned construction times contained in the development contracts and wanted to know why the taxpayers cannot have this regulation. The Police Department will review the situation and respond. Council Minutes (Regular) July 17,2000 Page 2 b) Steve Corraro, 18775 Essence Trail, in May he requested a stop sign at the crosswalk at Esquire and Essence Trail and wanted to thank City Engineer Mann and Council for their assistance. 7. CONSENT AGENDA Item 7a) Council Minutes (7/3/00) (Regular) was pulled so Councilmembers Cordes and Soderberg could abstain from voting as they were absent from that Council Meeting. MOTION by Verch, second by Strachan to approve the Council Minutes (7/3/00) (Regular). Voting for: Ristow, Strachan, Verch. Abstain: Cordes, Soderberg. MOTION CARRIED. MOTION by Soderberg, second by Cordes to approve the Consent Agenda as follows: b) Authorized Contract - Soils Testing c) Authorized RFP for Recruitment Services d) Received Information Customer Service Satisfaction Report - 1 st Quarter 2000 e) Received Information Schools and Conferences - Finance Department t) Received Information Schools and Conferences - Fire Department g) Approved bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) East Farmington TIF Plan Amendment The public hearing was scheduled to consider an amendment to the East Farmington TIF Plan to allow for the purchase of additional land to expand the Prairie Waterway and to also reimburse the Developer for additional soil correction costs associated with the development of East Farmington Additions 1- 7. In April, Sienna Corporation requested reimbursement for additional soil correction costs it had incurred in addition to the soil correction costs identified in the original TIF Plan. The amount of reimbursement provided in the original TIF Plan and corresponding TIF Agreement was $1,500,000. The actual costs for these activities are in excess of $2,069,863. The original TIF Plan budget did not authorize sufficient expenditures to reimburse all of these additional costs, it is anticipated that up to $317,830 would be available to reimburse the developer for a portion of these additional costs. It is also proposed that an additional 6.5 acres be purchased from Sienna to allow for the temporary pond that was created to be incorporated into the Prairie Waterway. The proposed purchase price for this additional land area is $188,500. This change will make the Prairie Waterway better and will allow the City to improve the park facilities in this area. MOTION by Soderberg, second by Cordes to close the public hearing. APIF, MOTION CARRIED. MOTION by Cordes, second by Verch to adopt RESOLUTION R52-00 approving the 2000 Amendment to the Tax Increment Financing Plan for the East Farmington TIF District (Soil Condition Tax Increment District No.1). APIF, MOTION CARRIED. MOTION by Strachan, second by Verch approving the Second Amendment to the Tax Increment Financing Agreement between the City of Farmington and Sienna Corporation to authorize the purchase of additional land for the Prairie Waterway Council Minutes (Regular) July 17,2000 Page 3 and reimbursement of additional soil correction costs incurred by Sienna Corporation. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT a) Fire Truck Award - Fire Department (Supplemental) The City received three bids for the triple combination, 1500 gallon per minute pumper fire truck. The lowest bidder who met all the requirements of the bid was Clarey Safety Equipment at a cost of $345,000. Although it appeared initially that Toyne's bid was less than the Clarey bid, the analysis of the individual items in each bid led the Fire Department Truck Committee to conclude that the Toyne vehicle did not meet the minimum standards of the bid specifications. The truck committee also recommended that the pumper truck be outfitted with additional equipment at a total additional cost of $8,957. The total cost of the vehicle is $353,957. The time period for the truck to be built was difficult to meet. Clarey met the time line which is 180 days. Councilmember Strachan stated in reviewing the reasons why the truck committee did not go with the lowest bid, the bid is very specific and shows how closely the committee reviewed the bid. MOTION by Cordes, second by Verch to adopt RESOLUTION R53-00 awarding the bid for the triple combination pumper truck to Clarey's Safety Equipment at a cost of $353,957. APIF, MOTION CARRIED. b) Authorize Contract - Sidewalk Reconstruction (Supplemental) Four quotations were received for the 2000 Sidewalk Replacement Project. Erickson Construction submitted the lower quotation in the amount of$13,100. This year the sidewalks in the downtown area have been ranked on the basis of their condition in order to prioritize the projects for the next several years. The budgeted amount for sidewalk replacement in 2000 is $9,000. The cost of the proposed project based on the low quote including the sidewalk replaced earlier this year, is $15,300. Staff recommends that the budget for this year's sidewalk replacement project be increased from $9,000 to $15,300. MOTION by Soderberg, second by Strachan authorizing the expenditure of an additional $6,300 for this year's sidewalk replacement project. APIF, MOTION CARRIED. MOTION by Cordes, second by Soderberg authorizing the award of contract for sidewalk removal and replacement to Erickson Construction in the amount of$13,100. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTSAND COMMUNICATIONS a) Gonsider Negative Declaration - Murphy Farm EA W An Environmental Assessment Worksheet (EA W) was prepared for the Murphy Farm Planned Unit Development pursuant to Minnesota State Statutes. The EA W determines the environmental effects that may be associated with a proposed project. The EA W serves primarily to aid in the determination of whether an Environmental Impact Statement (EIS) is needed for a proposed project. The EA W review was triggered for the Murphy Farm PUD because the project exceeds the threshold of the Environmental Quality Board (EQB) standards with the combination of the 163 detached residential units and 490 attached residential Council Minutes (Regular) July 17, 2000 Page 4 units. Based on the EA W, the Response to Comments and the Findings of Fact, the Record of Decision concludes the following: 1. The EA W was prepared in compliance with the procedures of the Minnesota Environmental Policy Act and Minnesota Rules. 2. The EA W satisfactorily addressed all of the issues for which existing information could have been reasonably obtained. 3. Based on the criteria established in Minnesota Rules, the project does not have the potential for significant environmental effects. 4. Based on a review of the record prepared in this matter, the City makes a "Negative Declaration," and 5. An EIS is not required. 6. The City of Farmington is directed to maintain a Record of Decision including the Response to Comments on the EA W and to notify in writing all persons on the EA W distribution list, all persons that commented in writing during the 30-day comment period and to any person upon written request. MOTION by Soderberg, second by Cordes adopting RESOLUTION R54-00 approving the Response to Comments, Findings of Fact and Record of Decision for the Murphy Farm PUD. APIF, MOTION CARRIED. b) Consider Resolution - Vermillion Grove Preliminary Plat/PUD 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. The property was rezoned to R-3 PUD High Density residential on January 3, 2000. The proposed development consists of 94 detached residential units and 283 attached residential units. At the July 11, 2000 Planning Commission meeting a number of items were discussed including the connection of Street B with Akin Road, cul-de-sac lengths, cul-de-sac turnaround radii, street widths, a sidewalk along Street B and the City's dead end road access policy. Also discussed was the proposed removal of trees on the site, the need for a landscape buffer along the shared property line with the five homes abutting Vermillion Grove on the east and the need to review traffic safety issues for the proposed intersection of Street B and Akin Road. The Planning Commission also discussed the need to mitigate the average buffer width that is lost due to Street B encroaching within the buffer strip. The developer proposes Street B to connect with Akin Road to provide an easterly access from the site. The Developer is in the process of preparing an agreement for a land swap with Dale and Leslie Pettis at 19735 Akin Road. The agreement would allow the Developer to extend the roadway to the right-of-way of Akin Road. The City requires a cul-de-sac length of 500 feet. The cul-de-sacs proposed are over the 500-foot maximum length, therefore the developer needs to apply for a Council Minutes (Regular) July 17, 2000 Page 5 variance. Regarding turnaround radii, the City has a standard of 66-foot right-of- way with a 50-foot radius to the face of the curb. The Planning Commission recommends that the cul-de-sac roadways be reduced from 34-foot back to back streets to 30-foot back to back streets making the street pavement width 28 feet and requiring a sidewalk on one side of the street. There would be no parking on one side of the street. The Planning Commission recommends a sidewalk or trail on one side of Street B in order to promote pedestrian safety in the single-family area and provide access to the north-south trail along Street A. The driveways along the west sides of buildings 62, 63 and 64 show lengths exceeding the fire code requirement of a maximum of 150 feet. Therefore, the City's dead end access road policy is required for the three driveways. City staff and the developer will perform an onsite inspection of the existing trees on the property to determine which areas will be "no touch zones" for tree removal. Residents that abut Vermillion Grove on the east were concerned about the amount of trees that may be removed from the property thereby eliminating the natural screen that the residents currently have to the west. An on-site inspection will be conducted. The Planning Commission recommended additional trees be installed along the shared property line if a large number of trees are removed from the natural screen. Regarding the intersection of Street B and Akin Road, residents questioned the outlet location of Street B due to poor sight lines. Akin Road is being studied for improvements. In the study, it proposes a right turn lane and by-pass lane for that intersection. The Planning Commission agreed with the need to mitigate the average wetland buffer width that is lost due to Street B encroaching within the buffer strip. Mr. Michael Noonan, Rottlund Homes, stated the villas will be for first-time home buyers, the garden homes will be for empty-nesters, and single family for those looking to purchase a larger home. MOTION by Cordes, second by Soderberg adopting RESOLUTION R55-00 approving the Vermillion Grove Preliminary PlatIPUD contingent upon the conditions listed in the resolution. APIF, MOTION CARRIED. c) Consider Resolution - Approve Charleswood 3rd Addition Development Contract Council approved the Preliminary Plat on March 20, 2000 and the Final Plat was approved on June 19,2000. MOTION by Verch, second by Strachan to adopt RESOLUTION R56-00 authorizing its signing contingent upon the conditions and approval by the Engineering Division. APIF, MOTION CARRIED. Council Minutes (Regular) July 17, 2000 Page 6 d) Consider Resolution - Approve Bristol Square 2nd Addition Development Contract Council approved the Final Plat on June 19,2000. MOTION by Cordes, second by Verch to adopt RESOLUTION R57-00 authorizing its signing contingent upon the conditions and approval by the Engineering Division. APIF, MOTION CARRIED. e) 2000 - 2005 MUSA Staging Plan - Schedule Joint Council Workshop Staff would like to discuss the MUSA Staging Plan with the Planning Commission and City Council. Council authorized the scheduling of a Joint City Council- Planning Commission Workshop for August 30, 2000 at 7:00 p.m. 11. UNFINISHED BUSINESS a) Approve Orderly Annexation Agreement - Empire Township (Revised) At the July 3, 2000 Council meeting, Council approved an Orderly Annexation Agreement with Empire Township for properties located on the south side of 209th Street that will be receiving City water services. At the Township Board meeting, it was suggested by the Township attorney that a separate provision be inserted to address liability issues associated with the transfer of ownership of the sanitary sewer line. With respect to the two properties located on Highway 3, the City has received confirmation that only one of the two properties contacted desires water services at this time. Ownership of only a portion of the total line that services properties in two separate jurisdictions requires additional study and analysis relative to long-term maintenance, future repair and liability issues associated with having one service line being utilized by properties in two separate jurisdictions. The revised joint powers agreement does not include either of the two properties at this time. MOTION by Verch, second by Cordes to approve the revised joint powers agreement as presented. APIF, MOTION CARRIED. Empire Township will act on the agreement at their July 25, 2000 Board meeting. 12. NEW BUSINESS a) Authorize Request for Proposal - Zoning Code Update Consultant Approval of the Comprehensive Plan also requires that the City's Zoning Ordinance and Map be made consistent with the newly approved Comprehensive Plan. Funds are included in the 2000 Budget to retain a consultant to assist the City in the update of the Zoning Code. Once a consultant is selected, it will take 6-9 months to complete the ordinance update process. MOTION by Strachan, second by Soderberg authorizing the request for proposals for professional services to update the City Zoning Code. APIF, MOTION CARRIED. Council Minutes (Regular) July 17, 2000 Page 7 13. COUNCIL ROUNDTABLE a) David King Property Update (Verbal) Mr. David King is still attempting to resolve a title problem. He is checking daily with the title company. He has not made re-application for the CUP, as he is waiting for the outcome of the title process. Some work has been done to clean up the site. The City has indicated they would like to see the process move forward. Councilmember Soderberg: Letters have been received from non-residents regarding pool passes. He would like staff to look at something similar to what was done with the Senior Center rates. Staff is reviewing the situation. Mayor Ristow: Received a request for Third Street for re-grinding. It is very rough. Staff replied it is in the CIP for next year. Mayor Ristow asked if there have been any problems with plowing the snow on that street. Staff replied nothing has been reported. Staff will review the situation. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 8:25 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~_ 7d_, /// ~~~ /?-7~ Cynthia Muller Executive Assistant