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HomeMy WebLinkAbout03.01.99 Council Minutes COUNCIL MINUTES REGULAR March 1, 1999 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 None City Administrator Erar, Attorney Joel Jamnik, City Management Team 4. APPROVEAGENDA MOTION by Strachan, second by Soderberg to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Citizen Service Recognition Mr. Craig Schlawin was recognized for his years of service on the Planning Commission and the Parks and Recreation Commission. 6. CITIZEN COMMENTS Mr. Henry Iwerks, 1105 Sunnyside Drive, questioned the accuracy of the minutes of February 16, 1999 which contained comments he made. (The tape was reviewed and the minutes found to be accurate). 7. CONSENT AGENDA The Council Minutes of February 16, 1999 were pulled for discussion. Councilmembers Cordes and Soderberg questioned items 12a and 10c in the minutes. (The tape was reviewed and the minutes found to be accurate). MOTION by Cordes, second by Soderberg to approve Council Minutes 2/16/99 (Regular) upon review of the tape. APIF, MOTION CARRIED. MOTION by Soderberg, second by Cordes to approve the consent Agenda as follows: b) Adopted RESOLUTION R15-99 approving a gambling premises permit c) Adopted RESOLUTION R16-99 setting public hearing date - downtown streetscape d) Adopted RESOLUTION R17-99 setting public hearing date - sliplining project e) Authorized grant application- Public Works Department f) School and conference request - Fire Department g) Approved bills APIF, MOTION CARRIED. Council Minutes (Regular) March 1, 1999 Page 2 8. PUBLIC HEARINGS a) Adopt Resolution - 1999 Seal Coat Project The 1999 Seal Coat project is the sixth phase in the 7-year cycle seal coat program established by the City of Farmington in 1994. Streets in Deer Meadows 1 st Addition and Deer Meadows 2nd Addition will all be seal coated for the first time with this year's project. Dakota County Estates 1 st Addition and several downtown streets and parking lots have not been seal coated in over seven years and are proposed to be included in the project his year. Several streets in the project area have already been assessed seal coating costs through their respective development contracts. The property owners benefiting from the improvements to the remaining streets would be assessed for the project costs pursuant to Minnesota Statute and the City's Special Assessment Policy. The remainder of the costs would be funded through the Road and Bridge Fund. The total estimated project cost for the 1999 Seal Coat project is $81,000. The Council indicated at the time of the presentation of the feasibility report their intent to assess the benefiting property owners 50% of the project costs (not to exceed $60.48 per residential unit) as is consistent with the City's Special Assessment Policy. Some residents have questioned seal coating in the area of Spruce Street. In 1992 there were some issues regarding the warranty on the seal coating that was done. Staff has researched that issue and found correspondence to the contractor concerning areas where the seal coat did not take. The project was accepted as is. Staff received comments from Mr. Ferris and Mrs. Blaha concerning certain areas of Spruce Street. If certain portions of Spruce Street are found by the engineering division to be incapable of accepting seal coating, in other words the road is in too poor condition in certain sections, the City has no intention at this point to do any reconstruction work on Spruce Street. The portions of Spruce Street found not to be accepting of seal coating would not be done. If no seal coating were applied in those sections, those properties that abut the roadway would not be assessed. Should a project be introduced, that project has to go through the same process as all other projects. Council has to be notified, and residents would be notified of a public hearing and potential special assessments. The Mayor stated Mr. Ferris also had a question about paying for the seal coat beforehand. Staff explained to Mr. Ferris that the project seven years ago and the current project are two separate projects. The project seven years ago was accepted as is, as it did meet the range of acceptability and the City did pay for the project. Therefore, there is no legal basis to provide a reduction in special assessments for those residents on that portion of Spruce Street. Councilmember Verch received a phone call from a resident that works for the State. The resident felt it was a waste of money to do this as the street rots from the bottom. Staff replied the intent of the seal coat is to prevent the water from going in from the top and ruining the road from the top. Everything is crack Council Minutes (Regular) March 1, 1999 Page 3 sealed and then the seal coat covers it up and keeps the water from going through and thus lengthens the life of the road. City consultants feel seal coating does provide a benefit. MOTION by Cordes, second by Strachan to close the public hearing. APIF, MOTION CARRIED. MOTION by Soderberg, second by Cordes to adopt RESOLUTION R18-99 ordering the project, approving the plans and specifications and authorizing the advertisement for bids. Voting for Cordes, Soderberg, Strachan. Abstaining Ristow, Verch. MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) 1999 Tax Capacity Rate - Final At the Truth in Taxation hearing on December 1, 1998, staff presented the 1999 Tax Levy information and advised Council that the Tax Capacity Rate for 1999, based on the most current information from the County at that time, would be 32.6%. In the course of reviewing the County's year end reports, staff determined that a Tax Increment Financing District had been omitted from all previous County estimates of 1999 Tax Capacity Value. When the county was informed of their omission, they corrected it immediately and issued a "Revised Final" Tax Capacity Rate of33.06%. The City's Tax Levy amount has not changed and therefore, revenues will be received in accordance with the 1999 Adopted Budget. b) 1998 Fiscal Review In November of 1998, the City Council adopted a resolution revising the 1998 Budget to more accurately reflect the expected revenues and expenditures. These numbers are preliminary and subject to independent audit. Revenues for 1998 exceeded budget by $40,277, due to sources which were not included in the revised budget of November. Expenditures for 1998 were under budget by $17,454 or 0.5%. This preliminary review indicates an increase to the General Fund Balance of$314,830 as compared to a budgeted increase of$257,099. This increase will bring the Fund Balance to 20% of Operating Expenditures for the comIng year. c) 2000 Budget Financial Goals' At the beginning of each fiscal year, Council reviews and adopts budget goals that will be used by staff to develop a balanced budget document for the following fiscal year. Council was given a brief review of the budget process and guidelines that will establish the budgetary framework that staff will observe in developing the 2000 Budget were presented. MOTION by Strachan, second by Cordes to adopt the 2000 Financial Goals as presented. APIF, MOTION CARRIED. d) Adopt Ordinance - B-4 Zoning District On February 9, 1999, the Planning Commission approved the amendment to Section 10-2-3, 10-3-1 and 10-3-2 of the Farmington City Code to provide a new Council Minutes (Regular) March 1, 1999 Page 4 zoning district titled B-4 - Neighborhood Business. The main purpose of the district is to meet a wide range of needs of everyday living in neighborhoods that provide a variety of housing choices, that invite walking to gathering places, services and conveniences, and that are fully integrated into the larger community. At the January 19, 1999 City Council meeting, the Council commented on the size of delivery trucks to the business properties within the neighborhood and recommended either relocating the neighborhood services from a permitted use to a conditional use or designating certain neighborhood services as conditional uses that are not as compatible as other services. The Planning Commission and staff determined that it was more beneficial to the ordinance to restrict the type of truck rather than the size of the truck to serve businesses in this district. Therefore, the Planning Commission and City staff recommends that only "straight trucks" are allowed within the B-4 district and no jointed trucks or semi-tractor trailer trucks be allowed because of their excessive size. The Commission and staff have determined that the permitted neighborhood uses are compatible with residential neighborhoods. The City Attorney has reviewed and approved the amendment for adding the B-4 Zoning District to the Zoning Code. MOTION by Strachan, second by Soderberg adopting ORDINANCE 099-423 amending section 10-2-3, 10-3-1 and 10-3-2 of the Farmington City Code to provide a new zoning district titled B-4 - Neighborhood Business. The amendment includes a purpose statement in Section 10-2-3 of the Code for the B- 4 District and proposes permitted and conditional uses in Sections 10-3-1 and 10- 3-2. APIF, MOTION CARRIED. e) Adopt Ordinance - Amending Zoning Definitions The B-4 Neighborhood Business District requires a number of revisions to the definitions section of the City Code in Title lOin order to provide for new uses and revisions to existing uses. On February 9, 1999, the Planning Commission approved the amendment to Title 10 of the Farmington Zoning Ordinance in Section 10-1-4 concerning the definitions of "Day Care Facilities," "Residential Care Facilities" and "Personal and Professional Services." The amendment also includes changes to 10-3-1 and 10-3-2 pertaining to "Hospitals and Clinics" as permitted uses and certain "Residential Care Facilities" as conditional uses in the B-1 and B-2 district. MOTION by Cordes, second by Verch adopting ORDINANCE 099-424 approving the amendment to Title 10 of the Fannington City Code, Zoning Ordinance, concerning the definitions of Day Care Facilities, Residential Care Facility, and Personal and Professional Services and the amendment in Section 10-3-1 and 10-3-2 by including Hospitals and Clinics as permitted uses and certain Residential Care Facilities as conditional uses in the B- 1 and B-2 Districts. APIF, MOTION CARRIED. g) Adopt Resolution - Amending the Comprehensive Plan - 821 3rd Street Arlendar Nordvik/JDS Properties is requesting a Comprehensive Plan Amendment for the property at 821 Third Street consisting of 41,047 square feet from the existing Low-Density Residential to Business. The property is surrounded by single-family residential to the east and west, and businesses to the Council Minutes (Regular) March 1, 1999 Page 5 north and south. The property currently houses an auto body repair shop, mail distribution business, insurance office, veterinary lab and a counseling office. The Planning Commission approved the amendment to the Comprehensive Plan for the property on February 9, 1999. The Comprehensive Plan Amendment to revise the Low-Density Residential designation to Business is contingent on the approval of the addition of the B-4 Neighborhood Business District in Section 10- 2-3, 10-3-1 and 10-3-2 of the Fannington City Code. Councilmember Strachan asked if the existing businesses are in conformance with the B-4 zoning. Staff replied yes, except for the auto body repair shop which is currently at the Planning Commission stage under a conditional use, which mayor may not be approved. The auto body shop is allowed to continue operation until the Planning Commission makes a decision at the next meeting. MOTION by Strachan, second by Cordes adopting RESOLUTION R19-99 approving the amendment to the Comprehensive Plan for the property at 821 3rd Street from Low-Density Residential to Business contingent upon the approval of the amendment to Section 10-2-3, 10-3-1 and 10-3-2 of the Farmington City Code to add a Neighborhood Business District and subject to Metropolitan Council approval of the Comprehensive Plan Amendment. APIF, MOTION CARRIED. Mr. Dave Kennedy, 312 Maple Street, wanted to set something straight for the record. It was stated there were no residential properties facing the north side of the property in question. He stated there are three properties on Maple Street, including his. He wanted this noted for the record. Mr. Henry Iwerks, 1105 Sunnyside Drive inquired as to who owned the old Dakota Electric building, the property in question. Staff replied Arlendar Nordvik owns the property and IDS Properties has a contract for the property. t) Adopt Ordinance - Rezone Property - 821 3rd Street The rezoning of 821 3rd Street is from R-2 (Medium Density Residential) to B-4 (Neighborhood Business). MOTION by Cordes, second by Soderberg adopting ORDINANCE 099-425 rezoning the property at 821 3rd Street from R-2 (Medium Density Residential to B-4 (Neighborhood Business) contingent upon approval of the amendment to the Comprehensive Plan from Low-Density Residential to Business, approval of the amendment to Section 10-2-3, 10-3-1 and 10-3-2 of the Farmington City Code to add a B-4 (Neighborhood Business) District to the zoning designations, contingent on the application of a building permit for any unauthorized construction within the building, and subject to Metropolitan Council approval of the Comprehensive Plan Amendment. APIF, MOTION CARRIED. h) Capital Outlay Request - Department of Public Works The City's current sanitary sewer lift station alarm system is outdated. The Water Board has decided to install a new Supervisory Control and Data Acquisition (SCADA) system for the water system. Staff proposed that the sanitary sewer lift station alarm system be replaced at the same time with the same type of system. Council Minutes (Regular) March 1, 1999 Page 6 There are multiple advantages provided by this type of system. The City will no longer need to contract with Trans Alarm. The SCADA system will automatically monitor the lift stations and page the on-call staff in the event of an alann. The current alarm system is actuated by four different events in the lift stations. With the SCADA system, the on-call staff will know immediately at the time of page, which event has triggered the lift station alarm. The total estimated project cost to replace the current sewer lift station alann system with a SCADA system is $190,000. This equipment replacement would be funded out of the Sanitary Sewer fund. MOTION by Verch second by Cordes adopting RESOLUTION R20-99 authorizing the replacement of the City's sewer lift station alann system. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS The order of items was changed to accommodate the audience. b) Prairie Creek Storm Sewer Upgrade - Feasibility Report In response to a citizen petition and subsequent analysis of the storm sewer system in the Prairie Creek Development, the City Council requested this report to determine the feasibility of upgrading the existing storm sewer system in the Prairie Creek Development. There are three parts to the proposed improvements outlined in the report. The first part includes the reconstruction of the storm sewer system in the 3rd and 4th Additions that will bring the subject storm sewer system up to City standards. The second part includes optional improvements in the 4th Addition. These optional improvements are identified because they would further reduce backyard ponding, however, these improvements would be over and above those necessary for the storm sewer system to meet the 5-year design standard of the City. The third part involves the upgrade of the outlet to Pond A V -P 1.8. This pond is currently connected to Lake Julia by two culverts. An additional five culverts need to be installed in order to lower the current 100-year high water level of the pond. Mr. Steve Jones, 18765 Embers Avenue, stated the ponding in the backyard has reached the house. There were three occasions where the water reached the sand bags at the back door at a depth ofthree inches. It has been observed the water is not just coming down the hill, but also from the culverts. The Mayor asked if the size ofthe culverts are increased, is staff confident there should not be water, unless we have a heavy downpour. Staff discussed options that are being considered. Mr. Jim Monroe, 18863 Embers Avenue, stated the homeowner by the last pond is too new to realize what has happened there in the past. The water has almost reached their back door. Staff replied when that part of the project is reached, it will be graded and overflowed so the pond will overflow to the east. Erik Peters, Bonestroo, discussed the flow of water through the pipes and the depth of the ponds. Council Minutes (Regular) March 1, 1999 Page 7 Mr. Marvin Wier, 808 3rd Street, asked what is the potential for a 10-inch rain to back the water up through the system oflarger pipes. Staff replied the lO-inch rain would have to be run through the computer model. The water will probably follow Lake Julia. Depending on how it comes, that type of rain mayor may not be in excess of a 100-year storm. Staff is proposing to bring the system up to a five-year rain standard. Mr. Craig Schlawin, 19001 Euclid Path, is the pipe running under County Road 31 large enough. Staff replied yes. Mr. Dave Kennedy, 312 Maple Street, asked if there is a cost for this proj ect. Staff replied the total estimated project cost of the recommended options is $566,000. The costs would be funded from the Storm Water fund. The improvements for Prairie Creek 3rd and 4th is $466,000. The optional improvement cost $82,000. The outlet improvements for Pond A V-Pl.8 is $100,000. The total for all options is $647,000. Mr. Jim Monroe, 18863 Embers Avenue, asked if Progress Land Company bears any responsibility for this. Councilmember Strachan replied the project wasn't done right. The Council is committed to get this taken care of now. He feels the developer does have responsibility for it, but that determination will have to come later. Councilmember Cordes commented she is concerned that the ponds exceed the easement limit. She is in favor of going with the total options to take care of the area as a whole. Erik Peters, Bonestroo, stated there may be other options that have not been reviewed and would cost less, rather than installing larger pipes to lower the high water level. The ponds could be dug deeper and increase the amount of space for the easement. MOTION by Soderberg, second by Cordes to adopt RESOLUTION R21-99 accepting the feasibility report and authorizing the preparation of plans and specifications for the Prairie Creek Storm Sewer upgrade project. Plans for option 4 will be brought back to Council. APIF, MOTION CARRIED. a) 2020 Comprehensive Plan Update - Accept Policies Staff presented the 2020 Comprehensive Plan Policy Statements and asked for any comments or recommendations from the Council. The purpose of the statements is to define a course or method of action selected to guide and determine the present and future decisions concerning development of the community. MOTION by Cordes, second by Verch to accept the 2020 Comprehensive Plan Policy Statements to be included in the 2020 Comprehensive Plan Update. APIF, MOTION CARRIED. Council Minutes (Regular) March 1, 1999 Page 8 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Strachan: There will be an ALF goal setting meeting on March 23, 1999. City Administrator Erar: The Castle Rock meeting for the sub-committee will be March 10, 1999 at 7 p.m. in Council Chambers. There was an article in the local newspaper concerning some prognostications from Castle Rock's Engineer regarding the Ash Street, Prairie Waterway III ponding situation. That was not a product of any discussions staff has had with them. This is something entirely on their own that they have prematurely generated in terms of any potential options. It was Council's decision that we would meet and agree on the Joint Powers Agreement to participate in a new feasibility study. That has not yet taken place. There are preliminary discussions taking place between the City Engineer and their Engineer and nothing to the extent that was published in the paper was thoroughly reviewed at this point. It is up to Staff to put the agenda together. Castle Rock has indicated they do not have any items to add to the agenda. They will be faxing information regarding their review of the Joint Powers Agreement. Community Development Director Olson: He was informed by the Independent there was a news release from BATC listing Farmington in the top five cities for issuing building permits. Actually five single family home permits were issued for January. Staff will be contacting BA TC. Mayor Ristow: He received notice from Empire Township supporting the ratification of election of the Fire Chief. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 9:45 p.m. APIF, MOTION CARRIED. Respectfully submitted, r: _ " ~ //0'7 71 v~;a /7./~i:iJ Cynthia Muller Executive Assistant