HomeMy WebLinkAbout11.16.98 Council Minutes
COUNCIL MINUTES
REGULAR
November 16, 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. APPROVEAGENDA
MOTION by Fitch, second by Gamer to approve the Agenda. APIF, MOTION
CARRIED.
5. ANNOUNCEMENTS
6. CITIZEN COMMENTS
a) Mr. John Richardson, 35 Elm Street, Water Concerns
At the November 2, 1998 Council Meeting, Mr. Richardson expressed concern
regarding the water system and the fire damaged house at 300 1 st Street. Staff
replied the water service was shut off the day of the fire at the residence. It was
shut off at the curb box.
7. CONSENT AGENDA
MOTION by Strachan, second by Gamer to approve the Consent Agenda as follows:
Item 7b, Organizational Realignment - Parks and Recreation Department, was pulled for
discussion. Councilmember Cordes inquired if changing the position from one full-time
person to two part-time people will have a negative effect on the Recreation program, and
if the job duties have been assigned. Staff replied the full-time hours of operation will be
covered. This gives the City the opportunity to have two qualified people working on
recreational programs. Job duties are still being worked out, and the situation will be
monitored. Both positions are supervisory positions and the assistant would report to
both supervisors.
Item 7h, Adopt Resolution - Request MnDOT Cooperative Agreement, was also pulled,
as the Mayor abstained from voting.
Council Minutes (Regular)
November 16, 1998
Page 2
a) Approved Council Minutes 11/2/98 (Regular) and 11/4/98 (Special)
b) Accepted organizational realignment - Parks and Recreation Department
c) Approved 2nd Street parking lot change order
d) Adopted 1999-2003 Capital Improvement Plan
e) Adopted RESOLUTION R114-98 approving application for Elderly and
Disabled Transit Providers Grant
f) AJ'proved Development Contract Release, lot 2, block 1, Dakota County Estates
9 Addition
g) Approved placement of Neighborhood Watch signs
h) MOTION by Fitch, second by Gamer to adopt RESOLUTION R115-98
requesting MnDOT Cooperative Agreement. Abstaining: Mayor Ristow. Voting
for: Cordes, Fitch, Gamer, Strachan.
i) Approved bills
APIF, MOTION CARRIED.
8. PUBLIC HEARINGS
a) Certification of Delinquent Municipal Services
Minnesota State Statutes grants municipalities the authority to certify delinquent
utility accounts to property owners' real estate taxes as a special assessment for
collection. All property owners with delinquent utility bills (over 90 days
overdue) have been notified by mail and may pay their delinquent amount by
December 1, 1998 to avoid certification. This includes water, sewer, garbage, and
storm water. MOTION by Gamer, second by Cordes to close the Public Hearing.
APIF, MOTION CARRIED. MOTION by Strachan, second by Gamer to
adopt RESOLUTION R116-98 approving certification of delinquent municipal
services. APIF, MOTION CARRIED.
b) Certification of Delinquent City Service Charges
Minnesota State Statutes grants municipalities the authority to certify delinquent
City service accounts to property owners' real estate taxes as a special assessment
for collection. Five accounts in the total amount of $599.91 were outstanding.
These accounts were billed for mowing or weeds. MOTION by Gamer, second
by Cordes to close the Public Hearing. APIF, MOTION CARRIED. MOTION
by Fitch, second by Gamer to adopt RESOLUTION R117-98 approving
certification of delinquent City service charges. APIF, MOTION CARRIED.
c) Various Licenses and Permits
On-Sale Liquor Licenses, On-Sale Sunday Liquor Licenses, Club Licenses, and
Saunas and Therapeutic Massage Licenses for various establishments need to be
renewed. The required attachments, fees and insurance information have been
submitted with the applications. The Police Chiefhas reviewed the forms and
approved the applications. MOTION by Strachan, second by Gamer to close the
Council Minutes (Regular)
November 16, 1998
Page 3
Public Hearing. APIF, MOTION CARRIED. MOTION by Gamer, second by
Cordes to approve the various licenses and permits. APIF, MOTION
CARRIED.
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Customer Service Satisfaction Report
All citizen contacts with the City are documented in terms of complaint type,
referring department, priority of service request and service outcomes. On
average, over 95% of citizen requests for service are handled and addressed
within a 1-3 day period. In terms of how "promptly the City reacted to citizen
requests," the degree of "how personally satisfied citizens were with service
outcomes," and was City staff "courteous and helpful" in responding to citizen
requests, response data suggests a very high level of customer satisfaction in all
three categories. In terms of core customer service skills, City staff have achieved
an impressive 99% rating in "courteous and helpful service" regardless of how
personally satisfied a resident was with service outcomes. This reflects a true
customer service philosophy.
b) Adopt Resolution - Comprehensive Plan Amendment Cameron Woods Co-
op Housing Project
Mr. Benedict is requesting a Comprehensive Plan Amendment from the existing
low-density residential to medium-density residential. The proposed development
for the property consists of a senior cooperative housing facility on 13.7 acres.
Mr. Benedict will dedicate 1.72 acres of the site to the City for parkland at the
southwest comer of the property. The City will also receive 3.53 acres of
unbuildable land from Mr. Benedict located at the southeast comer of the
property, thereby creating a natural buffer to the west and south of the property.
The developer, Wensmann Homes, has met with the residents to discuss the
development. Ms. Kelly Murray, Wensmann Homes and Wensco, stated the
housing will be for people age 62 and over and explained how the co-op works.
The application to amend the Comprehensive Plan was reviewed and approved by
the Planning Commission at their October 29, 1998 meeting. MOTION by
Gamer, second by Strachan to adopt RESOLUTION R118-98 approving the
Comprehensive Plan Amendment from low-density residential to medium-density
residential for 13.7 acres owned by Mr. Jack Benedict, subject to Metropolitan
Council approval of the Comprehensive Plan Amendment application. APIF,
MOTION CARRIED.
Council Minutes (Regular)
November 16, 1998
Page 4
c) Adopt Ordinance - Zoning Change Cameron Woods Co-op Housing Project
Mr. Benedict is requesting to rezone his property consisting of 13.7 acres as
amended in the Comprehensive Plan for the existing R-l PUD - Low Density -
Single Family Planned Unit Development to R-2 PUD - Medium Density - Single
Family Planned Unit Development. The proposed development consists of two,
3-story, 41-unit buildings. The Planning Commission reviewed and approved the
application to rezone the Benedict property at their October 29, 1998 meeting.
MOTION by Gamer, second by Strachan to adopt ORDINANCE 098-418
approving the rezoning of the Jack Benedict property and the proposed schematic
PUD plan subject to Metropolitan Council approval of the Comprehensive Plan
Amendment application. APIF, MOTION CARRIED.
d) BATC Task Force Communications
A communication from the Builders Association of the Twin Cities (BA TC),
dated November 4, 1998, has been received. The BATC has indicated a strong
desire to have additional involvement in the preparation of City Fee Schedules
that would affect both the type and amount of fees proposed on new development
in the City. The Council and Staff agreed that the City is not interested in
pursuing this line of involvement. Staff will draft a letter to the BA TC on behalf
of Council. MOTION by Strachan, second by Gamer to limit BA TC's
involvement in the private development process to improved communications in
the areas of engineering guidelines and community development design standards.
APIF, MOTION CARRIED.
e) Prairie Creek 3rd and 4th Storm Sewer Project - Update
The City Council held a workshop on September 16, 1998 to discuss staffs
findings regarding the petition forwarded by the citizens in Prairie Creek 3rd
Addition. Council was informed that the current storm sewer system in the 3 rd
and 4th Addition does not meet City standards for storm sewer design. Staff met
with the developer, Mr. Israelson, on October 8 and 12, 1998 to inform him of the
situation and supply him with staffs calculations regarding the storm sewer
design. Mr. Israelson has indicated that he would not be willing to pay for the
improvements as identified by staff that would upgrade the system to meet City
design standards. Mr. Israelson did indicate that he would be willing to pay for
the installation of a pipe that would help alleviate the ponding in the back yards of
the residents along Embers Avenue. However, this proposal would not bring the
storm sewer system into compliance with the City's standards for storm sewer
design. Staff informed Council anything less than City standards is unacceptable.
The developer's letter indicates he is not willing to comply with what is necessary
to alleviate the problem, therefore the situation should be referred to the City
Attorney.
Council Minutes (Regular)
November 16, 1998
Page 5
Mr. Israelson stated there are two issues here. The first issue is solving the
problem stated in the petition. Installing a pipe will solve the problem of ponding
in the backyard. The second issue is the design standards. There are three issues
to designing storm sewers. Two of them are left to the engineer's judgement.
When you have different engineers involved, you will have different answers.
Mr. Israelson stated it is not necessary to redesign the storm sewer. He also
informed Council he will be selling the property to the east to MW Johnson and
Keyland Homes. Mr. Bill Johnson, MW Johnson, stated he needs lots and wants
to develop the remaining property. He wants to make sure the current situation
doesn't affect future development. Staff commented that any future development
has to be tied in with what is there now. Councilmember Fitch stated the Council
has approved the project in the 1999 CIP. Therefore, the developers need to be
told this is what needs to be done. Councilmember Strachan stated he needs three
things: 1) to be comfortable with the outcome for the homeowners, 2) he needs to
know that City Engineer Mann is comfortable with the outcome and it resolves
the issues, and 3) regarding linking a new area with 3rd and 4th Addition, he needs
an answer as to why are we looking at developing this land that will have water
problems when the current one has water going in people's basements? Staff will
begin preparation of the feasibility report and it should be available in early 1999.
11. UNFINISHED BUSINESS
a) Adopt Resolution - Accept Downtown Streetscaping Project Feasibility
Report
Staff presented the feasibility report requested by Council regarding the
improvements associated with reconstructing the downtown sidewalk and street
lighting. The three options for reconstructing the sidewalk are: 1) a base option
(regular concrete), 2) concrete with pavers (50% regular concrete / 50% pavers)
and 3) pavers alone. An issue for Council to consider is whether or not to include
the alley between 2nd and 3rd Street in the project. The report also includes cost
estimates for removing and replacing the streetlights and trees and adding various
amenities. The City's Special Assessment Policy indicates that 35% of the project
costs for reconstruction projects are to be assessed against the benefiting
properties, subject to an appraisal of the properties verifying the amount of
benefit. The remaining 65% of the project costs would be funded by the City.
Councilmember Fitch stated the City's policy of 35% - 65% needs to be clear
before the neighborhood meeting. Staff stated Council is only accepting the
feasibility report, not the funding. However, 35% of the cost must be assessed.
MOTION by Gamer, second by Cordes to adopt RESOLUTION R119-98
accepting the feasibility report. APIF, MOTION CARRIED.
Council Minutes (Regular)
November 16, 1998
Page 6
12. NEW BUSINESS
a) Bond Sale - G.O. Improvement Bonds of 1998
The City Council authorized the sale of General Obligation Improvement Bonds
of 1998 to fund the City's portion of the County State Aid Highway 31 project.
The City received 4 bids. Piper Jaffray was the low bidder at a net interest rate of
4.39%, making the total interest cost $915,465. MOTION by Gamer, second by
Strachan adopting RESOLUTION R120-98 awarding the sale of the $2,325,000
General Obligation Improvement Bonds of 1998 to Piper Jaffray at a net interest
rate of 4.39%. APIF, MOTION CARRIED.
b) Adopt Resolution - 1998 Budget Reappropriations
A review of the 1998 budget suggests a need to revise the adopted revenue and
expenditure levels to more closely reflect department service levels. The revenue
projected in the 1998 adopted budget was $3,542,640. Revised projections show
General Fund revenues of $3,854,316 - an increase of $311 ,676. This increase is
due primarily to an increase in the amount of MSA maintenance funds allocated
to the General Fund which was not identified in the adopted budget,
reimbursement of flood expenses from the 1993 FEMA grant, and increased
grants, police and fire aid revenues. The 1998 adopted budget called for
$3,511,652 of General Fund expenditures. The revised projection calls for
$3,597,187 - an increase, before transfers out, of$85,535. This increase is
primarily due to changes in accounting practices and represents a 2.4% change in
revised expenditure forecasts from the adopted budget. MOTION by Gamer,
second by Cordes to adopt RESOLUTION R121-98 approving the 1998 Revised
Budget. APIF, MOTION CARRIED.
c) Adopt Resolution - Request Extension for Comprehensive Plan Update
The City needs to adopt a resolution to request approval of an extension of the
Metropolitan Council's deadline of December 31, 1998 for completion of the
City's Comprehensive Plan Update. While considerable progress is being made
towards the completion of the Plan, it will not be possible to complete the Plan
and allow for the 60 day review and comment period to be completed by
December 31, 1998. It is suggested that the requested deadline extension be June
30, 1999. MOTION by Cordes, second by Gamer to adopt RESOLUTION
R122-98 approving a six-month extension for the submittal of the Comprehensive
Plan Update. APIF, MOTION CARRIED.
13. COUNCIL ROUNDTABLE
Councilmember Gamer: Reminded everyone of the meeting at Castle Rock Town
Hall regarding Ash Street and the 3rd phase of the Prairie Waterway.
Council Minutes (Regular)
November 16, 1998
Page 7
Councilmember Fitch: It has been brought to his attention that a public official has
been discussing with newly elected councilmembers, the future of our City
Administrator. The Council appoints the Administrator to make decisions with the City's
best interests in mind and according to policy set by Council. He asked for examples of
where policies have not been carried out. He stated the entire Staffhas performed their
jobs at an extremely high level of professionalism and competence. He is thankful for the
opportunity to work with this Staff which has made Council look very favorable in the
citizen's eyes.
City Administrator Erar: There is a joint Council/Planning Commission meeting at 7
p.m. on November 18, 1998.
Community Development
Director Olson: He talked to a trustee of the Eagles Club. The curb work is
done and the goal is to get the parking lot done.
Parks & Rec Director Bell: The P A system is in the arena. The team rooms are 99%
done.
Mayor Ristow:
The lights are on in the 2nd Street Parking Lot.
14. ADJOURN
MOTION by Fitch, second by Gamer to adjourn at 9:20 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
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Cynthia Muller
Executive Assistant