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HomeMy WebLinkAbout03.16.98 Council Minutes COUNCIL MINUTES REGULAR March 16,1998 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 P.M. in the Farmington Senior High School Auditorium. 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, Fitch, Gamer, Strachan None City Administrator Erar, Attorney Joel Jamnik, City Management Team, Dakota County Engineer David Everds and Dakota County Director Louis Breimhurst 4. APPROVE A GENDA MOTION by Gamer, second by Cordes to approve the Agenda with the following changes: . Accept Supplemental Council Agenda requesting that the March 16, 1998 Council Agenda be amended to TABLE Item 7(c) "Appointment Recommendation - Community Development Department" since the candidate for this position has withdrawn his name from further consideration. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Tree City USA Designation Parks and Recreation Director Jim Bell announced that the City has been selected for another year as a Tree City USA Recipient by the Minnesota Department of Natural Resources. 6. CITIZEN COMMENTS - None Council Minutes (Regular) March 16, 1998 Page 2 7. CONSENT AGENDA MOTION by Fitch, second by Gamer to approve the Consent Agenda as follows: a) Approved Council Minutes 3/2/98 (Regular) b) Adopted RESOLUTION R24-98 and RESOLUTION R25-98 approving the submittal of Park Grant Applications d) Acknowledged Capital Outlay Purchase - Parks and Recreation Department e) Acknowledged 1998 Budget Reallocation - Public Works Department f) Approved Designation of City as RGU for Middle Creek Sanitary Sewer EAW g) Approved February 4, 1998 (Special) and February 9, 1998 (Regular) HRA Board Meeting Minutes h) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) CSAH 31 Project Improvement Hearing Mayor Ristow formally opened the public hearing at 7:04 P.M. Via the use of an overhead projector, City Administrator Erar presented the "CSAH 31 Realignment Project" summary that he prepared and made available to the audience in handout form. Administrator Erar reminded the audience that this project is a County road project, and that the City's participation is strictly financial--45% of the project costs pursuant to the Dakota County Transportation Policy. The need to update County Road 31 was determined by the Dakota County Highway Department and approved by the County Board as a result of significant population growth in the northern area of Farmington affecting traffic patterns and public safety issues. Lee Mann, the City's Director of Public Works and Engineer, presented the City's Feasibility Study for this Project describing the improvements that fall within the city limits of Farmington (from CSAH 50 to the northerly city limits) realigning and reconstructing County State Aid Highway 31. The improvements that are proposed are to address safety and traffic capacity issues that have been identified and are included in the County's documentation on the project. The estimated project cost for Farmington's share of the project is $3,729,990. It is proposed that the City finance the project through a combination of the use of special assessments and the utilization of the City's MSA account. It is proposed that the City utilize approximately $1,400,000 from the MSA account. Council Minutes (Regular) March 16, 1998 Page 3 The City's Finance Director, Robin Roland, discussed the funding of the CSAH 31 Project, specifically the Project Budget, Financial Plan and Project Cost Breakdown. In addition, Finance Director Roland discussed the estimated special one-time assessment. For households north of 195th Street, it is estimated that the assessment will be approximately $385 per household (a reduction of almost $20 per household from July 1997). Affected residents have the option of either prepaying the approximate $385 without interest during the first 30 days after formal adoption (a savings of $433) or adding it to their property tax statements with an estimated annual payment (with 6.5% interest) of $54.59 for the life of the bond issue (15 years). For undeveloped land south of 195th Street, the estimated assessment per acre is $2,314. The assessment will not be adopted until after the completion of the project, estimated in the year 2000 and will be based on final project costs. PUBLIC INPUT: . QUESTION: John Devney, 5788 2l2th Street West: "Am I correct in assuming that the undeveloped property south of 195th Street will not accrue interest? " ANSWER: City Administrator Erar: This issue is not a decision for Council to make this evening. That will be a question Council will decide at the Special Assessment hearing that will be held at the time of project completion. It is my understanding that interest can be waived during the time the property remains undeveloped. . QUESTION: Steve Rahman, 18515 Exodus Avenue: "How can our kids cross the highway to get to school safely?" ANSWER: City Engineer Lee Mann: Not knowing exactly where this person lives, this question might best be answered after the meeting while reviewing the set of plans. In general, the County will be putting in a traffic signal at Upper l82nd Street. Other issues that arise can be looked into, such as striping or putting in crosswalks for children to cross to school. County Engineer David Everds: Kids can ride their bikes down the bike trails to cross the road either at 193rd or 195th. There is a center, raised median that helps in terms of only having to worry about crossing half the Council Minutes (Regular) March 16, 1998 Page 4 roadway at one time. When warrants are high enough in terms of traffic counts, signals will be put in. Conduits for possible future signals will be installed at 19Sth. . QUESTION 1 OF 3: Dorothy Flick, Hill-Dee: "I live at Upper 182nd Street. I want to know how the bike trails are going to help me?" ANSWER: City Engineer Lee Mann: There will be bike trails north of 19Sth Street to the city limits. County Engineer Everds: There is a good chance there will soon be bike trails south of 19Sth Street when the road is expanded to four lane. . QUESTION 2 OF 3: "How many people on this stage have to pay this special assessment?" ANSWER: (Councilmembers Fitch and Strachan raised their hands.) . QUESTION 3 OF 3: "Since this is a County road why is the County not paying for the road?" ANSWER: City Administrator Erar: Dakota County has adopted the County Transportation Policy. That policy establishes the City's financial participation of all County road construction at 4S% of project costs. Your County Commissioner adopted that policy. . QUESTION: Paul Peterson, 19398 Euclid Path: "How close to residences is the road allowed to be? Especially four lane section. " ANSWER: County Engineer Everds: I have no idea how many feet. The City has setback requirements and we have to require right-of-way. A person always has the ability to come in the condemnation process if they don't agree with the value. . QUESTION 1 of 5: Sue Courteau, 19143 Estate Avenue: "Why are realtors being told assessments are $500-1,000?" ANSWER: Finance Director Roland: Realtors are not being told $500- 1,000. Realtors are being told at this time there is a pending assessment on County Road 31 and that in July that assessment was approximately $400. What realtors do when they do a closing and there is a pending assessment is take the amount they are given by the City and multiply it by Council Minutes (Regular) March 16, 1998 Page 5 1 1/2 times. We are required under Section 429 to make those persons aware who are purchasing property in F annington that there is a potential for assessment in the near future. . QUESTION 2 of5: "Who willpayfor improvementofFlagstaff& 195th?" ANSWER: City Administrator Erar: Those residents living approximately one-half mile west from Pilot Knob Road will be assessed. The homeowners being assessed for the CSAH 31 Project Improvement will not be assessed for the Flagstaff & 19Sth Improvement. . QUESTION 3 of 5: "Will the pipeline be moved?" ANSWER: County Engineer Everds: Yes. They will lower the pipeline north of 19Sth using the estoppel process where they cut off gas and run new line. This is one of the significant costs we have. . QUESTION 4 of5: "Will there be crosswalksfor children to cross 31?" ANSWER: Mayor Ristow: Crosswalks will be added in the appropriate locations like other school crossings and will be monitored with adult patrols during school hours. This can be addressed with the school. . QUESTION 5 of 5: "What will happen to this collected money to make sure it's not spent like previous funds collected and misallocated?" ANSWER: City Administrator Erar: First, the money will be used to pay the debt service. Assessments that come in over and above that amount will be designated to a special fund already set up and designated for future road repair and construction. Those dollars will not be going back into the general fund. . QUESTION 1 of2: Mark Courteau, 19143 Estate Avenue: "What will we do to protect kids on back of schoolyard?" ANSWER: City Administrator Erar: If the school district decides to install fencing, we will \lork that out with them. The entire cost of fence construction would be specially assessed against the benefited property. County Engineer Everds: There is 920' of fence planned all the way along the school on the east side of the road. Council Minutes (Regular) March 16, 1998 Page 6 . QUESTION 2 of 2: "Will we have the school zone signs posted near the school? What's the speed limit?" ANSWER: County Engineer Everds: MNDOT is the only one that has the power to set speed limits in the State. The State will take a speed study after the new road is open to determine the speed limit. . QUESTION 1 OF 3: Kevin Mahlstedt, 19347 Eureka Court: "Ifyou can use road and bridge funds for a downtown parking lot, why can't this money be used to help reduce the costs of the special assessment?" ANSWER: Finance Director Roland: The Road and Bridge Fund exists from MSA Funds as the prior year's allocations from the State of Minnesota. We're using $1.4 million worth of MSA funds to make a down payment on the project. The funds were held by the State per our request for the last five years and accumulated in anticipation of this project. Essentially, the funds are from the Road and Bridge Fund. . QUESTION 2 OF 3: "When will the rest of CSAH 31 to the north be completed? " ANSWER: County Engineer Everds: CSAH 31 has many different phases of development that are in the works. . QUESTION 3 OF 3: "Why isn't the Pine Knoll Addition included in special assessments? " ANSWER: Mayor Ristow: Pine Knoll did not meet the 1/2 mile criteria. . QUESTION: Jeff Thelen, 616 Lower Heritage: "Industrial Park - existing 1 OO%?" ANSWER: City Administrator Erar: Yes. New Construction is assessed at 100% based on acreage owned by the property owner. . QUESTION: Judy Bryant, 5606 Upper 183rd Street West: "Three years ago I was assessed $1,500+ for a storm sewer at Upper 182nd Street West which I am still paying for. Now it will be tore up and replaced and the cost is incurred in the new project which I am also being assessed for. When does it end?" Council Minutes (Regular) March 16, 1998 Page 7 ANSWER: City Administrator Erar: Since we don't have the background information regarding this question, the City will need to research this matter and respond. . QUESTION: Al Deaton, 18775 Pilot Knob Road: "How wide of an easement is the County willing to purchase from landowners?" ANSWER: County Engineer Everds: I wouldn't know the particulars. Normally we have certain standards whether 150' or 120' total, but we have to look at the development of this area also as to what's going to happen in the future. . QUESTION: James Young, 19468 Evening Star Way: "It seems a better approx if broken down into say 3 or 4 categories. " ANSWER: City Administrator Erar: Special assessments are not based on the value of the property, they're based on the benefit derived from the project and are equally assessed against the benefiting properties. . QUESTION 1 of 4: Cary Shearer, 19201 Evening Star Way: "Why have grant proposals failed to meet criteria? Maybe new grant writers are needed!" ANSWER: County Engineer Everds: Through the Met Council there are proposals made each year for federal funding for such projects. Criteria includes transit ways, traffic counts, etc. We did try to get funding, but Pilot Knob did not meet the criteria. . QUESTION 2 of 4: "If, as stated in project overview, major city - north/south transportation corridor that may attract business, etc. etc., why are homeowners within 1/2 mile footing the bill? Why not every resident of Farmington? Doesn't this project benefit all?" ANSWER: City Administrator Erar: The decision to improve the road was determined by the Dakota County Highway Department. This project is based on the growth that has occurred and the resulting transportation needs in this area of the community. County Road 31 could have remained as is, if not for the growth north of the City. Council Minutes (Regular) March 16, 1998 Page 8 . QUESTION 3 of 4: "Traffic flow during construction?" ANSWER: City Administrator Erar: The City will have designated contact points within the City and County during the construction with one contact phone number to call if problems. The phone number will be publicized in City publications as to where to call. County Engineer Everds: Local traffic will be kept open on paved surfaces. There are two periods where traffic will not be able to get through. Construction is allowed 14 calendar days to take out the curve just north of 190th Street and five calendar days by the 170th Street intersection in Lakeville near the school. . QUESTION 4 of 4: "Have any of these special assessments been set aside for sound barriers or berms?" ANSWER: City Administrator Erar: No. If there is individual private fencing abutting private property, that fencing would be a separate cost to that property owner. County Engineer Everds: The noise concerns are not addressable and berms are not required as part of the project. There's not enough land to build big berms along the roadway. . QUESTION: Terrence D. McMahon, 18275 Embers Avenue: "How often can you do this? For instance, this year you want $400, say next year things grow faster and you need to expand south of 195th. Are we going to get billed again and again, etc.? In my experience, if I can't afford something, I don't buy it. I won't." ANSWER: Mayor Ristow: No. Y oulre not going to be assessed anything south of 195th. City Administrator Erar: If the road would be expanded in 10 to 15 years, the property south of 195th would be assessed at 35% of the cost of the reconstruction to widen the roadway south of 195th, much like we're doing now. Council Minutes (Regular) March 16, 1998 Page 9 . QUESTION: Rob Luckow, 18555 Egret Way: "Has there been any studies done to project how the traffic levels will increase on CSAH 31 once this is finished? (i.e. Vehicles from the south of Farmington due to the straight nature of this road as compared to the other north south routes). " ANSWER: City Engineer Lee Mann: The County has completed a traffic model that includes a forecast for the traffic on CSAH 31. County Engineer Everds: Cedar is to be improved next year from Highway 50 north to Apple Valley and that will also be a four lane divided highway. . QUESTION 1 of 2: Betty Raveling (no address provided): "Explain the stake colors in detail--your numbers mean nothing to homeowners. " ANSWER: I honestly don't know what the colors mean. Call our office and we can get you that information. . QUESTION 2 of 2: "Will we be notified by letter when assessments will be completed so as not to go on tax rate?" ANSWER: As required by law, 30 days prior to the public hearing, the City will send a notice to each homeowner affected by the assessment. The notice will state a time and date of the public hearing. You will have 30 days after the public hearing to pay the special assessment without incurring interest charges. The assessment can be prepaid at anytime with interest up to that point. . QUESTION 1 of 2: John And Kelly Wilhelm, 19025 Epic Court: "This project is going to decrease the value of our home (it's in our backyard). Why are we being assessed?" ANSWER: City Administrator Erar: The issue of a decrease in value to the affected homes is subjective. This project is an improvement. My experience has been that ~his type of project generally increases the value of property due to improvement factors. Mayor Ristow: If residents object to this assessment they can object to it in writing the night of the upcoming assessment hearing. Council Minutes (Regular) March 16, 1998 Page 10 . QUESTION 2 of 2: "When we purchased our home (J year ago) why didn't the developer have to disclose to buyers of lots the project plans? And where's the recourse?" ANSWER: Mayor Ristow: The City does everything possible to advise developers and homeowners about assessments. City Administrator Erar: County Road 31 has been on the City's books for over 15 years. Prospective homebuyers could go to the City and ask questions regarding their plans to buy or build a home. We cannot offer legal advice regarding recourse. . QUESTION 1 of 2: Jon Tucker, 5442 193rd Street: "In the face of what would appear to be such widespread opposition, how can the Council, in good conscience, push ahead with this project without putting it to a vote of the people? " ANSWER: Councilmember Strachan: There are a lot people that feel assessments are the wrong way to go, and there are a lot of people that feel assessments are the right way to go. Taxes on the whole City would add $800,000 to the life of it, plus it would take away your ability to pay it without interest up-front. A big function of this road is to increase our commercial industrial tax base which will bring taxes down long-term. This is a big picture project. Mayor Ristow: I feel this is a citywide project and the city needs to look at alternative ways to pay. When this project first started, there was $800,000 allotted for MSA funds and now since that time we've increased the cost of the project of $600,000. With our capital improvement funds, how could we have paid out a little more and not done assessments. I don't feel good assessing selective people. County Engineer Everds: We think it's a good project. . QUESTION 2 of2: "Since there are already homes with children who attend Akin Elementary on the west side of the proposed road, how has the County determined that a signal at 193rd of 195th is not needed at this time?" ANSWER: County Engineer Everds: The traffic signals around the state are not put in entirely for pedestrians. If the City gets the growth and traffic increases, signals will go in right away. But that is not what is Council Minutes (Regular) March 16, 1998 Page 11 envisioned at this time. It's possible the school will have patrol officers direct traffic at crossings. . QUESTION: Jannine McLaughlin, 19070 Enchanted Court: "If every resident in the City were assessed, what would the assessment cost be?" ANSWER: City Administrator Erar: Citywide assessments for this project are not legal and do not follow statutory guidelines. The only other option would be a tax levy, but the cost would be approximately $1 million more over the life of the bond issue. Councilmember Strachan: The State sets the rules by which we have to play. If the citywide assessment were an option, we would certainly look at that. . QUESTION: (No Resident Name Given/No Participation Form Received) Evening Star Way: "If the assessment is based on 3,000 households in the assessment area, if another 200 homes are built by next year, will it lower the proposed $385 estimate?" ANSWER: City Administrator Erar: The 3,085 count includes homes that will be built between now and the time of final assessments. . QUESTION: Dan McCarthy, 5014 203rd Street West: "1 have 4 acres south of 195th Street. What will my assessment be per acre?" ANSWER: City Administrator Erar: The City will need to research this question and get back to you. . QUESTION: Biz O'Mara, Representative of the Chamber of Commerce (No Participation Form--question directed from audience): "Has there been any consideration given to businesses south of 195th Street (Industrial Park)?" ANSWER: City Administrator Erar: The Special Assessment Policy provides 100% assessments on new construction south of 195th. . QUESTION 1 of 2: Jeff Schmicking, 5330 Upper 183rd Street West: "The new roadfrom 195th to 50 is two-lane. Will it be rebuilt tofour-Iane?" ANSWER: County Engineer Everds: The roadway is planned with a 40' paved top. We would probably add width to the existing road by adding on either side of the road. Council Minutes (Regular) March 16, 1998 Page 12 · QUESTION 2 of2: "When will the minutes be available?" ANSWER: Mayor Ristow: The minutes will be available from Lori or Karen after they've been approved at the April 6th Council Meeting. . QUESTION: Jeff Thelen, 616 Lower Heritage: "Are these decisions regarding assessments binding on future Councils?" ANSWER: City Administrator Erar: The Special Assessment Policy is subject to change as new councils come to be elected. Future Councils cannot go back and rescind past Council's actions. The actions adopted by Council this evening are not subject to change by future Councils. MOTION by Gamer, second by Cordes to close the Public Hearing at 9:12 P.M. APIF, MOTION CARRIED. A recess was taken at 9:13 P.M. and meeting reconvened at 9:22 P.M. a) CSAH 31 Project Improvement Hearing Continued: MOTION by Gamer, second by Fitch to adopt RESOLUTION R26-98 accepting the City's Feasibility Study; authorizing the City's participation, under the requirements set forth in M.S. 429, in the County CSAH 31 Project; and awarding the contracts by Dakota County for the improvement of CSAH 31. APIF, MOTION CARRIED. MOTION by Strachan, second by Gamer to schedule a Special Assessment Hearing upon completion by Dakota County of the CSAH 31 Realignment Project. (A separate resolution will be forwarded to Council at the appropriate time officially setting a Special Assessment Hearing date and time). APIF, MOTION CARRIED. MOTION by Gamer, second by Cordes to issue a General Obligation Improvement Bond in the sum of $2,400,000 to underwrite the City's portion of the project costs. APIF, MOTION CARRIED. 9. A WARD OF CONTRACT - None 10. PETITIONS, REQUESTS AND COMMUNICATIONS - None Council Minutes (Regular) March 16, 1998 Page 13 11. UNFINISHED BUSINESS a) Resolution Accepting Feasibility Study - Charleswood Trunk Storm Sewer City Engineer Lee Mann briefly presented the Feasibility Report for the installation of Trunk Storm Sewer in the Charleswood Development Area, Project 98-15. MOTION by Fitch, second by Gamer to adopt RESOLUTION R27-98 Accepting the Feasibility Report, Ordering the Project, and Authorizing the Preparation of Plans and Specifications for the Charleswood Area Trunk Storm Sewer. APIF, MOTION CARRIED. b) Resolution Accepting Feasibility Study - 1998 Seal Coat Project City Engineer Lee Mann provided an overview of the seven-year Seal Coat Project, now in its fifth phase. Mayor Ristow questioned whether we want to include Second Street in the seal coating project since the parking lot project will be under construction at the same time. City Engineer Lee Mann indicated that Second Street may be excluded from the project if necessary. MOTION by Gamer, second by Cordes to approve RESOLUTION R28-98 Receiving the Feasibility Report and Calling for a Public Hearing for the Seal Coat Project to be held in Council Chambers on April 6, 1998. Mayor Ristow designated Councilmember Strachan as the Council Representative but welcomed all Council members to attend the Hearing. NOTE: Councilmember Strachan questioned whether there would be a conflict of interest in this matter since he lives in the project area. The City Attorney indicated there would not be a conflict of interest since Councilmember Strachan would also be paying for the improvement as any other resident would (Councilmember Strachan wanted this reflected in the minutes.) 12. NEW BUSINESS a) 1999 Budget Goals and Objectives City Administrator Erar outlined the budget process and proposed fiscal goals for Staff to use in developing a balanced budget document in 1999. MOTION by Fitch, second by Gamer to adopt the 1999 Financial Goals as proposed. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE Council Minutes (Regular) March 16, 1998 Page 14 Councilmember Strachan: Commented on the citizens in attendance at the Public Hearing and the reasonableness of questions asked and useful comments made. Councilmember Gamer: A.L.F. Ambulance meeting next week at new fire facility in Lakeville. Mayor Ristow: Welcomed new City Attorney, Joel Jamnik. Council Workshop with School Board on 3/17/98 at 3:00 P.M. in Council Chambers. Mayor & Manager's Meeting invite from Lakeville City Administrator Bob Erickson. Received letter from Cable Board announcing cable rate increase of 2%. Agenda Item for April 6th Council Meeting will be proposal to Marcus Cable for capital grant. PEG fee - moving forward with Rosemount and Lakeville. Thanked school for use of facility and equipment for this meeting. City Administrator Erar: Area code boundaries - line boundaries will be established according to exchange. Police Chief Siebenaler: Car/train accident that occurred 3/12/98 was not the result or fault of train or equipment. Driver of car solely responsible due to intoxication--.22 alcohol level. Citizen Marv Wier: Several citizens expressed concern during the public hearing regarding children crossing CSAH 31. The school bus is an option for all children. It is the child's or parent's decision to walk to school rather than taking advantage of a safe bus ride. 14. ADJOURN MOTION by Gamer, second by Fitch to adjourn at 9:55 p.m. APIF, MOTION CARRIED. Respectfully submitted, /j{}vl(3k Lori J. Folie Executive Assistant