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HomeMy WebLinkAbout08.17.98 Council Minutes COUNCIL MINUTES REGULAR August 17, 1998 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, Fitch, Gamer, Strachan None City Administrator Erar, Attorney Joel Jamnik, City Management Team 4. APPROVE A GENDA MOTION by Gamer, second by Fitch to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS Police Officer Gary Deutschle was administered the Oath of Office. 6. CITIZEN COMMENTS John Richardson, 35 Elm Street, was satisfied with the City's response regarding the property at 300 First Street. The City will contact the owner, giving him 30 days to correct the situation. The City will contract to mow the yard and Park & Recreation will mow the boulevard. 7. CONSENT AGENDA MOTION by Fitch, second by Cordes to approve the Consent Agenda as follows: a) Approved Council Minutes 8/3/98 (Regular) b) Approved Joint City Council/Planning Commission Meeting Date c) Approved school and conference request - Finance Department d) Approved school and conference request - Fire Department e) Adopted RESOLUTIONS R72-98, R73-98, R74-98, R75-98 accepting private development projects f) Adopted RESOLUTION R76-98 approving election judges for 1998 primary g) Accepted quarterly building permit report h) Approved budget reappropriation - Fire Department i) Approved capital outlay request - Fire Department j) Accepted Prairie Creek punch list update k) Approved bills APIF, MOTION CARRIED. Council Minutes (Regular) August 17,1998 Page 2 I) Adopt Resolution - Gambling Premise Permit Outreach Group Homes is requesting a gambling premise permit under the current ordinance. At a future meeting, staffs recommendation will be to amend the ordinance. Attorney Jamnik informed the Council that any changes in the ordinance will need to be adhered to by Outreach and any current gambling permits. MOTION by Gamer, second by Strachan to adopt RESOLUTION R77-98 approving a gambling premise permit at Farmington Lanes. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - Glenview Townhomes Final Plat The Mayor stepped down from his seat at the table. A neighborhood meeting was held on August 11, 1998 concerning the proposed Glenview Townhomes & Commercial Final Plat. Property owners within a 350-foot radius who did not receive notice of the public hearing on February 24, 1998 were allowed to discuss concerns and issues related to the proposed development at this neighborhood meeting. Eight property owners were in attendance along with the Developer's Engineer and City staff. The following are recommendations from the Planning Commission as generated by the property owners: 1) Recommend an appropriate buffer between the Glenview property and single-family homes along 213th Street, especially in the area of the emergency access roadway. 2) Require the Developer to contain snow on the Glenview property when snow removal is needed, especially in the area of the emergency access roadway. 3) Request Developer restrict foot traffic between the Glenview property and the single-family homes along 213th street. 4) Re-address the County Road 72 Feasibility Study to review the feasibility of locating a sanitary sewer line along the shared pro~erty line between Glenview Townhomes and the single-family homes along 213 Street to allow for sewer hook-up for the single- family homes. The Developer, Mr. Tim Giles, was asked to address these issues. Mr. Giles agreed to give the homeowners a certificate for 2-3 trees to be planted on their property. These trees will then become the homeowner's responsibility. The Developer has no control over foot traffic between 213th Street and the Glenview Townhomes. Regarding snow removal, the snow will be pushed to the East and West and this will be stated in the association contract. The Developer looked at putting the sewer line along the back property line. A 20-foot easement would be needed and no buffering would be allowed. This area would be very difficult to access for any repairs. Staff recommended putting the sewer line in County Road 72. Councilmember Fitch thanked the Developer and Staff for their patience during the last two weeks. Jill Frankie, 200 213th Street, stated the Developer sent his Engineer to the August 11, 1998 meeting and felt the residents were snubbed at the meeting. Council Minutes (Regular) August 17, 1998 Page 3 The Developer explained that the Engineer was representing the company, and often knows more about what needs to be done. The Developer also stated the trees to be used as a buffer will be planted on 40- foot centers along the property lines, so some homes will have two trees and some three trees. Jackie Frankie, 200 213th Street, asked if they had to be pine trees. The Developer replied residents can pick the type of tree they want for the dollar amount of the certificate. Jill Frankie felt controlling foot traffic is the responsibility of the Developer. Councilmember Gamer stated the homeowners association will have to address the problem. Jackie Frankie felt it would be a problem for kids to catch the bus and asked if congestion at the comer had been considered. Councilmember Cordes asked what is a reasonable effort regarding assessing benefitting properties? Staff replied the City tries to collect, going through the full assessment procedure. Councilmember Cordes felt there would be a problem with assessing homeowners. Staff stated the road would have remained as is without the development. Property owners have a right to develop their property, and the frontage road will be an improvement to the development. Councilmember Strachan inquired if the city can enforce traffic and parking on private roads? Staff replied the City cannot. It becomes the residents' responsibility. Any stipulations regarding traffic and parking should be stated in the homeowners association rules by the Developer before he leaves the project. The Developer should set up a meeting with townhome residents to elect officers for the association or hire a management company. MOTION by Fitch, second by Cordes to adopt RESOLUTION R78-98 approving the Glenview Townhomes Final Plat. Voting for: Cordes, Gamer, Fitch, Strachan, MOTION CARRIED. b) Adopt Resolution - Glenview Townhomes Development Contract The Mayor stepped down from his seat at the table. The Glenview Townhomes & Commercial Development Contract requires the following conditions to be agreed upon: 1) The Developer enters into the Development Contract. 2) The Developer provides the necessary security in accordance with the terms of this Agreement. 3) The Developer pays $1000 per building permit issued for each of the first 45 townhome units, said amount to be held by an escrow agent mutually agreed to by the parties for the purpose of paying a portion of the Developer's obligation for necessary improvements to the east frontage road along Trunk Highway 3. 4) The City shall construct the frontage road along Trunk Highway 3 in accordance with paragraph 2(C) in the Development Contract, within two years from the execution of the Development Contract, unless the parties agree to a different time frame by a written amendment to the Development Contract. The City requested approval of the execution of the Glenview Townhomes & Commercial Development Contract and adopted a resolution authorizing its signing, contingent upon approval by the Engineering Division and City Attorney. MOTION by Strachan, second by Fitch to adopt RESOLUTION R79-98 approving the Glenview Townhomes Development Contract. Voting for: Cordes, Gamer, Fitch, Strachan, MOTION CARRIED. Council Minutes (Regular) August 17, 1998 Page 4 c) Adopt Resolution - Bristol Square Preliminary/Final Plat Bristol Square is located to the east of the proposed Glenview Townhome development, South ofWausau Supply Company, west of County Road 72 and the Prairie Waterway and north of County Road 72 and the East Farmington single- family residential development. The entire site contains 19.7 acres with the Developer platting 42 units in the First Addition on 4.09 acres and providing outlots for the remainder of the property in an R-3 zone. The First Addition of Bristol Square consists of the platting of 42 units on 4.09 acres located at the southwest comer of the property directly north of County Road 72. The remaining property will be platted as 14 separate outlots. The overall plan for the development proposes 173 townhome units on 19.7 acres yielding a density of 8.8 units/acre, falling well below the maximum density of 14.0 units/acre allowed in the R-3 Zoning district. The proposed plan will contain four accesses. Two from the south intersect with County Road 72 and line up with 12th and 13th Street in the East Farmington subdivision. The third access is from the west connecting the Glenview TOwnhome development. The fourth access is to the east and intersects with County Road 72. County Road 72, which surrounds the entire property, is being reviewed by the City and County regarding the feasibility of upgrading the road to collector status and turning the road back to the City of Farmington to the City limits and Empire Township beyond the City limits. The improvement of County Road 72 must be agreed to by the Developer to confer special benefit to the Bristol Square plat. The City shall assess the lots created by the plat in accordance with the City's local improvement policy based on the final project costs. In a meeting with the City, Sienna Corporation, Developers for Bristol Square, and East Farmington determined that Sienna Corporation will install the proposed utility improvements within the street right-of-way this Fall for purposes of expediency. It was acknowledged that the three benefiting properties, Bristol Square, East Farmington and South Suburban Medical Center would need to arrive at an agreement for sharing the costs of the improvements. The City recommends approval of the Bristol Square - First Addition Final Plat subject to the following conditions: 1) The improvement of County Road 72 must be agreed by the Developer to confer special benefit to the Bristol Square plat and must waive any objection to the assessments for the construction of County Road 72, including the claim that the assessment exceeds the benefit to the property. 2) Easements need to be granted to the City for all public utilities and need to be shown on the plat. 3) The right-of-way for County Road 72 needs to be verified and depicted correctly at the Southeast comer of the site in the area of the curve on the County road. 4) The location and funding ofa trail along the northern and eastern edge of the site on City property needs to be coordinated with the Parks and Recreation Director and the Developer. 5) Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans by the Engineering Council Minutes (Regular) August 17, 1998 Page 5 Division. MOTION by Gamer, second by Fitch adopting RESOLUTION R80-98 approving the Bristol Square PreliminarylFinal Plat. APIF, MOTION CARRIED. d) Adopt Resolution - Bristol Square Development Contract Bristol Square Development Contract requires the following conditions to be agreed upon: 1) The Developer enters into the Development Contract. 2) The Developer provides the necessary security in accordance with the terms of this Agreement. 3) The Developer participates in the costs for the improvements to County Road 72 proposed in the feasibility report accepted by the City Council on June 15, 1998. The City anticipates outside funding for public road costs. If not, the project will be done as a 4-29 and costs will be spread over a number of years. The City anticipates the project will begin in 1999. The City requested approval of the execution of the Bristol Square Development Contract and adopted a resolution authorizing its signing, contingent upon approval by the Engineering Division and City Attorney. MOTION by Gamer, second by Cordes to adopt RESOLUTION R81-98 approving the Bristol Square Development Contract. APIF, MOTION CARRIED. e) Ash Street Environmental Contamination - Update Over the last two weeks, discussion with Mr. Louis Breimhurst, Director of Physical Development with Dakota County, has occurred relative to the statutory definition of what constitutes an "imminent threat to public health or safety." According to 1997 State Statutes, the definition of an imminent threat to public health or safety included "cesspools." A recent change in the 1998 law, signed into law in April 1998, removed cesspools from the definition of imminent threats. In review of this statutory change, the Legislature added cesspools to section (f) in the same subdivision (5a) of M.S. 115.55 defining all cesspools as failed systems, and requiring all cesspools to "be upgraded, replaced, or its use discontinued..." According to the MPCA, the 1998 legislative removal of cesspools as an imminent threat was prompted more by political considerations associated with the time frame (30 days) of replacing cesspools vs. 10 months for other types of failing systems. Under existing state statute, sewage discharges to surface water are considered an imminent threat given the fact that contaminated groundwater eventually makes its way into the water table, and inexorably into surface water. Cesspools are a cause of groundwater contamination. Tests of the lift station were performed and the integrity of the lift station was not compromised. The City and Council are trying to work with the Township in resolving the situation. The Mayor stated Gordon Wichterman informed him residents of the West and East sides of Ash Street have been invited to a public meeting on August 24, 1998 at 7:00 p.m. at the New Town Hall in Castle Rock. Council Minutes (Regular) August 17,1998 Page 6 f) Heritage Development - Street Cleaning Requirement Concerns The City Council and Planning Commission have received a letter from Mr. Thomas Bisch, Director of Heritage Development of Minnesota, Inc., dated August 5, 1998, complaining of excessive street cleaning requirements and citing the increasingly negative reputation of the City. Developers are required to clean streets once a week. Staff stated it is unfortunate they would receive this type ofletter from Mr. Bisch, as the City is trying to work with the Developer. Staff stated Mr. Bisch can contact the Finance Director regarding bills for street cleaning. No charges are being made to properties already finished. Councilmember Strachan stated the letter is unprofessional. Staff will draft a letter to the BATC for the Mayor's signature. 11. UNFINISHED BUSINESS a) Prairie Creek 3rd Addition Citizen Petition - Update At the July 20, 1998 City Council meeting, several citizens that reside in the 3rd Addition of Prairie Creek brought a petition forth requesting that the City perform a feasibility study in order to identify solutions to drainage problems they are experiencing. Engineering staff has completed the field work necessary to evaluate the area in question and several possible options have been identified that could potentially relieve some of the drainage issues referenced in the resident's petition. At this time, staff needs additional time to further analyze the options and meet with the Developer in order to determine a recommended course of action. It is Staffs intent to bring recommendations back to Council at the first meeting in September. The Developer is working on the punch list items. Steve Jones, 18765 Embers Avenue, informed Council nothing has been done on the West side of Embers Avenue regarding drainage. There is now trash floating through the water. Mr. Jones thanked Lee Mann and Dave Sanocki for their help so far. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Cordes: She was informed by a neighbor that a week ago another neighbor checked on her barking dog and was bitten by another dog. She called dispatch and was told animal control was sleeping. Staff stated animal control is open 24 hours. Councilmember Fitch: Good job on getting punch list items done. City Administrator Erar: The Senior Center Anniversary will be held August 18, 1998 at 5 :00 p.m. Community Development Director Olson: The 2nd Street Parking Lot project is well underway. Council Minutes (Regular) August 17, 1998 Page 7 City Engineer Lee Mann: The Middle Creek Trunk Sanitary Sewer is moving along. Mayor Ristow: The Fair parking went very well. He has received compliments on the train whistle ordinance. A retirement party for Warren Sifferath will be held on August 18, 1998 at 10:00 a.m. He stated the City has a fine group of volunteer firefighters. 14. ADJOURN MOTION by Fitch, second by Gamer to adjourn at 8:55 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~/r7J&J Cynthia Muller Executive Assistant