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HomeMy WebLinkAbout10.02.00 Council Minutes COUNCIL MINUTES REGULAR October 2, 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 City Attorney Jamnik, City Administrator Erar, City Management Team 4. APPROYEAGENDA MOTION by Cordes, second by Soderberg to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Staff Introduction - Parks and Recreation Kellee Omlid was introduced as the new Recreation Programming Specialist. b) Habitat for Humanity Presentation Mr. Mike Spellman is a volunteer with Habitat for Humanity and manages the Dakota County Chapter. He gave a presentation introducing Council to the organization's basic beliefs and to obtain support. 6. CITIZEN COMMENTS Mr. Ken LaBeau, 5317 18ih Street, requested stop signs at 187th and Elgin Avenue. A little girl was hit at that intersection while riding her bike. He stated he understands children should not play in the street. He is very concerned as that corner is a bus stop. Also, in the winter cars travel down the hill and slide into the intersection. If the residents cannot get a 4-way stop, they would like to have the signs reversed and place them on 187th Street instead of Elgin A venue. Staff will investigate and respond. Mr. Mike Cavanaugh, 5316 187th Street, stated he has witnessed numerous near misses with children at the intersection of 18ih and Elgin Avenue. He would hate to see this become a trend. 7. CONSENT AGENDA Item 7f) was pulled by Councilmember Soderberg so he could abstain from voting. MOTION by Cordes, second by Strachan adopting RESOLUTION R76-00 appointing election judges. Voting for: Ristow, Cordes, Strachan. Abstain: Soderberg. MOTION CARRIED. Council Minutes (Regular) October 2, 2000 Page 2 MOTION by Strachan, second by Cordes to approve the Consent Agenda as follows: a) Approved Council Minutes (9/18/00) (Regular) b) Approved Appointment Recommendation - Police Department c) Received Information Capital Outlay - Finance Department d) Adopted RESOLUTION R74-00 Accepting Donation - Senior Center e) Adopted RESOLUTION R75-00 Approving Submittal of Application for Landfill Abatement Funds from Dakota County g) Adopted RESOLUTIONS R77, 78, 79, 80, 81, 82, 83, 84-00 Approving Private Development Project Closeouts h) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Consider Resolution - 2000 Sealcoat Project Assessment Hearintf Streets in Nelsen Hills 4th and 5th Additions, Troyhills 1 st through 4 Additions, Industrial Park 1 st and 2nd Additions, East Farmington 1 st and 2nd Additions, Prairie Creek 4th Addition and areas in downtown Farmington were seal coated. The total project cost for the 2000 Sealcoat Project is $100,040.06. The proposed assessment amount is $54.26 per buildable lot. The total amount to be assessed to benefiting properties is $26,858.70. The City's portion of the project cost is $73,181.36 and will be funded through the Road and Bridge fund. MOTION by Soderberg, second by Cordes to close the Public Hearing. APIF, MOTION CARRIED. An inquiry was received from a resident, Mr. Merle McClintock, 3704 Cartwright Court, Bonita Springs, FL that he has a lot north of Main Street, that is behind another lot. He felt since the street does not front his lot, he should not be assessed. Staff investigated and there is a garage on the back of the building so he is accessing the lot and utilizing the property. Therefore, it is appropriate to assess him for his property. MOTION by Strachan, second by Soderberg adopting RESOLUTION R85-00 adopting the assessment roll for the 2000 Seal Coat project. APIF, MOTION CARRIED. b) Consider Resolution - County Road 72 Project Assessment Hearing The total project cost for the County Road 72 improvement project is $1,089,004.60. The project is split into a reconstruction area and a new construction area. The cost for the reconstruction area is $460,165.08. The new construction area is $628,839.52. Assessments to township properties will be deferred until those properties come into the City. There are two circumstances where there are multiple assessments per property. There are two properties owned by Daniel and Darcy States. There is a house on one parcel and a garage straddles the property line in the back of that property. It is recommended that the property that is hooked up to sewer and water be assessed for the sewer, storm sewer and street in the amount of $8,841.22. And the second property which is being utilized but does not need sewer and water service be assessed for the roadway and storm sewer amount only at this time in the amount of $2,825.99. The other property is the Breckie property which is undeveloped at this time and is 4 equivalent units. The assessment will be deferred until it is developed. Council Minutes (Regular) October 2, 2000 Page 3 Councilmember Soderberg asked if the deferred assessments would accrue interest. City Attorney Jamnik replied the traditional approach is that the amounts do not collect interest. As far as a township property, the City is not authorized to assess the property. Until that is done it is not appropriate to levy the interest charges. MOTION by Soderberg, second by Cordes to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Cordes, second by Strachan adopting RESOLUTION R86-00 adopting the assessment roll for the County Road 72 Improvement Project. APIF, MOTION CARRIED. c) Consider Resolution - Levy Certification Rate Increase Hearing Cities and Counties must pass a resolution if their proposed 2001 tax levy is a dollar amount higher than that rate calculated by the County Auditor/Treasurer using a prescribed formula. The City passed a 2001 preliminary net levy on September 5, 2000 of $2,095,967. This dollar levy is a 16% increase over the 2000 net levy. However, since there is more taxable value in the City in 2001, due to the household and market value growth, this dollar levy results in a reduction of the Tax Capacity Rate from 30.6% to 30.00%. MOTION by Soderberg, second by Cordes to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Soderberg, second by Strachan adopting RESOLUTION R87-00 authorizing the County Auditor to certify a property tax rate higher than that rate computed under Minnesota Statute 204 B .13 5. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Consider Developer Request - Building Permit Issuance Policy A number of builders and developers are seeking issuance of building permits prior to completion of road and utility work. The requests range from seeking a building permit to commence construction of a dry-model townhome building and/or a single family home. These models may include a sales office and the request may seek permits to commence construction on units that mayor may not seek to be occupied prior to the completion of the paving of the streets. The City's practice has been to require completion and acceptance of street and utility work prior to the issuance of building permits. Exceptions to this policy have been made in instances where everything was done except for street paving by late fall and building permits were issued to allow units to be constructed over the winter months. The Fire Department has indicated that the 1997 Uniform Fire Code requires that a water supply be available within 150 feet of any building containing more than 2 residential units prior to construction involving combustible materials and that Fire Department access roads also need to be provided. The Planning Commission at its September 12, 2000 meeting heard comments from representatives of Centex Homes, Rottlund Homes, and Arcon Development Council Minutes (Regular) October 2, 2000 Page 4 requesting that the previous policy and practice be revised to allow for the concurrent construction of streets, utilities and residential units. It was also suggested by several of the developers that this be allowed in instances when the developer and builder are one in the same such as the case in Tamarack Ridge, Vermillion Grove and Middle Creek Estates. It was also indicated by at least one of the developers that building permit issuance could be contingent on the approval of the plans and specifications for street and utility installation. The Planning Commission recommended consideration of a policy on a trial basis that would allow for the issuance of building permits for a portion or yet undetermined percentage of the development to occur prior to completion of street and utility work. The Planning Commission did not take a position and did not recommend issuance of building permits prior to the availability of a water supply and fire department access for fire protection purposes. Mr. Michael Noonan, Rottlund Homes, 3065 Center Pointe Drive, Roseville, stated the industry is looking for increased flexibility in terms of the issuance of building permits. They agree with the recommendation of the Planning Commission, to go forward on a trial basis and look at the opportunity to issue building permits on a limited basis, as well as allowing concurrent construction. Concurrent construction means they undertake the development work associated with the grading of the land, installation of utilities, construction of roads and finishing out of the subdivision as well as the construction of homes. It often takes longer to build a home than service and install utilities. Is the City taking a risk by allowing concurrent construction? No, the request is coming from the builder/developer community. There are significant financial guarantees provided by the developer to ensure the work takes place according to the plans. Is there a risk there will be a request for occupancy of the home before it is time? No, a policy can be developed whereby there are well defined conditions. As far as the coordination aspect, with the builder/developer undertaking concurrent construction there is one party looking after both sides. They are looking for the opportunity to work with staff to develop a policy that allows concurrent construction. Regarding fire safety, Rottlund would take the risk if the home should burn during the construction process. There is an understanding an effort would be made to fight the fire, but if it burns, Rottlund is willing to take that risk and let it burn. Councilmember Strachan stated as far as fire safety, Rottlund is willing to let the structure burn. In the winter, there are winter roads, but in the spring there is mud, which means the fire trucks cannot get through. Mr. Noonan stated there would be access to the buildings through a paved road at the perimeter of the development. Councilmember Strachan stated Council needs to determine the number of structures that would be allowed. He also had a problem with letting a structure burn and providing protection for the surrounding area. Councilmember Strachan asked if Council would be creating a disadvantage for the small builder when allowing only builders/developers to do this rather than just builders. Mr. Council Minutes (Regular) October 2, 2000 Page 5 Noonan stated it is the notion of benefit of coordination. When there are multiple parties it becomes very complicated. Councilmember Soderberg was also concerned with letting a structure burn. If a fire occurs it could be arson and then becomes a crime scene. The Fire Department would not let it burn. The equipment as well as fire fighters would be at risk on unfinished roads. As far as requesting occupancy permits before it is time, this was discussed with another developer earlier. A Development Contract with another developer clearly stated occupancy permits would not be issued. Still the early occupancy was requested, and Council had to choose to deny new residents occupancy. He has received comments that the City is growing too fast. The Comprehensive Plan states 300 homes/year. This will shoot us beyond the goal. Mr. Noonan stated as far as fire protection, they recognize the duty of fire departments to fight fires. If Council is uncomfortable with allowing construction before fire protection, they would step back and follow the uniform fire code. Regarding allowing occupancy permits before time, as a builder he would rely upon the contract. This will not promote a faster build out. It will allow a quicker start and be able to maintain the rate of construction. Councilmember Cordes noted there are other communities that allow concurrent construction, but there are some communities that do not. She asked if Rottlund experienced lower home sales in communities that do not. Mr. Noonan replied no, it just allows a quicker start. Mayor Ristow stated the developers realized what the requirements of the development contract were when entering into the agreement. Mr. Noonan replied rules and regulations are not cast in stone, and would like some flexibility. Mayor Ristow replied a great deal of time was spent on the Comprehensive Plan to regulate growth. To divert and build faster, would be wrong for safety reasons and other people in the community. Roads could be 1/2 mile long and fire trucks would be unable to get through. Mr. Noonan replied they are not looking at construction along a 1/2 mile stretch. They are asking for 2-4 buildings to allow a marketing face. The utilities would be in by the second building. Mr. Don Patton, D.R. Horton, will be working on the Middle Creek development. He would like Council to consider the people who are working on the homes and the families they have to support. By getting foundations in the ground, this gives them work through the winter months. Mr. Steve Volbrecht, Centex Homes, requested a one-time special request for the issuance of up to four foundation permits. They are unable to move forward with the building. Sanitary sewer has been installed and 80% of the water utilities. They are waiting for the City to supply them water to the site. The Planning Commission was open to issuing multiple building permits on a trial basis. Centex Homes could be the trial. Council Minutes (Regular) October 2, 2000 Page 6 Council agreed to revisit the issue at a later time if amendments are needed. b) Consider MUSA Postponement Policy and Criteria There has been considerable discussion on a number of issues associated with the proposed 2005 MUSA expansion as well as the need to update the City's Zoning Ordinance to make it consistent with the recently approved Comprehensive Plan. The following action items were discussed by the City Council and Planning Commission: 1. Determine the level of support for the recommended technical requirements associated with MUSA Expansion Criteria. 2. Determine the level of support relative to the requirements that properties must be annexed prior to MUSA designation. 3. Determine the level of support of a shift of MUSA acres from the Low Density Residential designation to the Medium Density designation. 4. Determine the level of support for a 2005 MUSA Designation Postponement Period of 10 months or 12 months to allow for the City Zoning and Subdivision ordinances to be updated to be consistent with the approved 2020 Comprehensive Plan. 5. Determine the level of support relative to the proposed exceptions to the 2005 MUSA Designation Postponement Period as identified. The Planning Commission recommended the following regarding the above items: 1. Adoption of the proposed MUSA Expansion Criteria with two minor modifications. 2. Support of the policy requiring that properties be annexed to the City prior to receiving consideration of MUSA designation. 3. The completion of an evaluation of all property owner MUSA requests based on the approved criteria before determining their support for a shift of MUSA acres from Low Density to Medium Density Residential designation. 4. A postponement of up to 12 months for the designation of 2005 MUSA acres totaling 610 acres with the following exceptions. This is to allow for the update of the City's Zoning Ordinance. 5. Exceptions to the 12 month MUSA postponement period to include non- profit and other governmental uses including school sites, Industrial Park expansion, and completion of previously approved Planned Unit Developments. Councilmember Cordes clarified that houses will still be built, but no new areas will be developed unless already designated. MOTION by Soderberg, second by Strachan adopting RESOLUTION R88-00 adopting the above listed recommendations in regards to additional MUSA designation postponement and criteria. APIF, MOTION CARRIED. Council Minutes (Regular) October 2, 2000 Page 7 c) Consider Resolution - Tamarack Ridge - Farmington Family Townhomes Development Contract The following are conditions of approval for the development contract: 1. The Developer enter into this Agreement. 2. The Developer provide the necessary security in accordance with the terms of this Agreement. 3. Outlot F is dedicated to the City for park purposes. 4. The Developer will be responsible for the construction of 209th Street between Trunk Highway 3 and Cantata A venue in accordance with J;>lans and specifications approved by the City. The improvements to 209 Street include water main construction. The construction of 209th Street will be completed by December 1, 2001. The Developer will post a surety for said improvements by April 1, 2001. The Developer will be reimbursed by the City for the 209th Street improvement costs apportioned to the residents along the south side of 209th Street. 5. The Developer will be responsible for the construction of Cantata Avenue and 209th Street between Cantata A venue and Cambodia A venue in accordance with plans and specifications approved by the City. The construction of Cantata A venue and 208th Street will be completed by December 1, 2001. The Developer will post a surety for said improvements by April 1, 2001. MOTION by Cordes, second by Soderberg adopting RESOLUTION R89-00 approving the execution of the Tamarack Ridge/Farmington Family Townhomes I st Addition Development Contract and authorize its signing contingent upon the above conditions and the finalization of the Trunk Storm Water Credit calculation. APIF, MOTION CARRIED. d) Consider Communication - Representative Ozment The City has received a communication from Representative Ozment citing concerns associated with the City's policy on project assessments as they apply to properties in agricultural preserve status. Council agreed to meet with Representative Ozment and appropriate staff in November. e) Confirm Council Workshop Date - Ash Street Project There will be a Joint Council Workshop with Castle Rock Township and Dakota County on October 18,2000 to discuss the Ash Street/Prairie Waterway III project feasibility report. t) Acknowledge Resignation - Water Board Matthew Crawford has resigned his position on the Water Board effective October 25, 2000. The term for this seat will expire January 31, 2002. There were two other applicants interviewed earlier this year and they are still interested in being appointed. MOTION by Soderberg second by Cordes to accept Matthew Crawford's resignation. APIF, MOTION CARRIED. MOTION by Council Minutes (Regular) October 2, 2000 Page 8 Strachan, second by Cordes to nominate Thomas Jensen to the Water Board. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Strachan: Michelle Leonard of This Week Newspaper did a very comprehensive article on the ALF Ambulance budget and Councilmember Strachan made a couple clarifications. Councilmember Soderberg: The Homecoming parade was very nice and a good turnout. The streetscape is a huge amenity. City Administrator Erar: A legislative candidate forum will be held on October 10, 2000 at the Dakota County Board Room in Hastings. There will also be a candidate forum on October 13,2000 at Old Chicago in Apple Valley. He talked with downtown business owners and the consensus is the City did a very effective job in communicating with them during the streetscape project. They were very complimentary with the updates provided by Matt Stordahl of the Engineering Division. City Engineer Mann: In the 2000 CIP there are funds dedicated for the burn of the Prairie Waterway. A burning permit will be obtained and all precautions will be taken. Surrounding residents will be notified. This will happen sometime before December 1, 2000. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 9:45 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~k 7Y?~u /-~/ Cynthia Muller Executive Assistant