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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, C' ~/Y'r-2'~,/7~7'. ~ -~ r.rr.:. .,.~) ~ ~~ ',0 Cynthia Muller Executive Assistant