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HomeMy WebLinkAbout11.02.09 Council Minutes 7~ COUNCIL MINUTES REGULAR November 2, 2009 1. CALL TO ORDER The meeting was called to order by Mayor Larson at 7:00 p.m, 2. PLEDGE OF ALLEGIANCE Mayor Larson led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Larson, Fogarty, May, Wilson Donnelly Joel Jamnik, City Attorney; Peter Herlofsky, City Administrator; Randy Distad, Parks and Recreation Director; Kevin Schorzman, City Engineer; Lisa Shadick, Administrative Services Director; Tony Wippler, Assistant City Planner; Cynthia Muller, Executive Assistant Beve Preece, Tim Dougherty, Ellsworth Hoeppner, Jill Everline, David Rotty, Ian Menoch 4. APPROVE AGENDA MOTION by Fogarty, second by Wilson to approve the Agenda, APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Acknowledge Retirement - Trent Larson Council acknowledged the retirement of Trent Larson from the Fire Department with 20 years of service. 6. CITIZEN COMMENTS Ms, Beve Preece, 300 Spruce Street, President of the Dakota Valley Arts Council, stated the DV AC is planning an event on November 14,2009, at the Library. They are planning a community paint project consisting of painting wooden animals to place on the downtown Christmas tree on December 5, 2009. An art show is also planned for November 14,2009, and some of the pieces will be displayed at City Hall following the art show. She has received requests for postcards, so the DV AC has developed some postcards with various scenes throughout Farmington, Mr. Ellsworth Hoeppner, 27 Walnut Street, read a response he received from City Administrator Herlofsky regarding noise issues from a business across the street from his home, Mr. Hoeppner stated the trucks have not been moved to the back side ofthe building. He asked the owner several times to move the trucks to the back and he has not received a response. Staffs response states that intermittent noise does not violate a noise ordinance. Mr. Hoeppner noted intermittent is 6 minutes every hour. The trucks Council Minutes (Regular) November 2,2009 Page 2 run for 1.5 hours and on Sunday nights, they run for 12 hours steady. The Hoeppner's have to sleep in the basement because of the noise at night. The City has worked with the business and responded to complaints in the past and will do so in the future. However, staff cannot create an atmosphere that would hamper economic development by having ordinances that restrict the ability of a business to conduct their business. Mr. Hoeppner felt businesses that corne into the City should have some regulations, especially in a residential area. He has lived at that site for 50 years and the area was residential when he built the house. There were no problems until the current business moved into the building. The business now has 13 trucks. Mr. Hoeppner noted the only person from the City who has worked with him since 2006 is City Planner Lee Smick. He has had officers corne four times and there was never a report written. 7. CONSENT AGENDA MOTION by Fogarty, second by May to approve the Consent Agenda as follows: a) Approved Council Minutes (10/19/09 Regular) b) Adopted RESOLUTION R51-09 and ORDINANCE 009-616 Amending 2030 Comprehensive Plan and Zoning Map at 913 10th Street and 1001 Ash Street - Planning c) Adopted RESOLUTION R52-09 Approving Submittal of Application for Landfill Abatement Funds from Dakota County - Municipal Services d) Approved School and Conference - Building Inspections e) Adopted RESOLUTIONS R53-09 and R54-09 Authorizing Purchase of Tax Forfeited Properties - Engineering f) Approved Request for Proposal Related to Removal and Replacement of Rambling River Center's Existing HV AC System - Parks and Recreation g) Approved Agreement Park Master Planning Services - Parks and Recreation h) Acknowledged Retirement Fire Department - Human Resources i) Approved Disbursing Agreement Amendment Vermillion River Crossings - Engineering j) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Walnut Street Reconstruction Project - Engineering Staff presented pictures of the condition of the sewer line in Walnut Street. The sewer line is in very poor condition with cracks and deterioration. Staff understood the impact of the $6,000 assessment, but the first sign of a collapse would be sewage in a basement. The assessment covers sanitary sewer, water main, storm sewer and street. The total cost of the project is $3.6 million. Councilmember Fogarty wanted to make sure staffhas a good grasp of the road condition. City Engineer Schorzman stated staff has taken soil borings and there are poor soils that will need to be remediated with thicker sand sections than normal. Council Minutes (Regular) November 2, 2009 Page 3 Ms. Jill Everline, 612 Walnut Street, felt the $6,000 assessment is very high for this project. Walnut Street over the last eight years has been used as a detour street for the construction project on Ash Street and the Elm Street project. They were assessed $600 for the Elm Street project and is a street they very seldom use. Each time Walnut was used as a detour it was very hard on the roadway causing the collapse of the street. For many years Walnut was used for bus and car traffic to the school on 6th Street. She asked if Walnut was a collector street. It brings traffic off TH3 and funnels it west to the downtown area. She asked why so few homeowners are assessed for this project when Walnut is a street that is used by many more people beyond the adjacent residents. She felt they were payingfor a street construction where the breakdown has been caused by others besides just the local homeowners. More residents should be assessed for the street than just the local owners. She felt over 75% of the vehicles using Walnut do not live in the area. They are passing through from TH3 to avoid stop lights on Elm orAsh and continuing to Third Street to access the downtown area. They are not moving fast, but they are traveling at unsafe speeds for the circumstances. The stop sign at 6th and Walnut was installed a couple of years ago. It has only succeeded in upsetting drivers because they have to slow down. They skid to a stop and accelerate quickly, She felt the stop sign could be eliminated now that the school is gone. She understood Walnut was never intended to be open to TH3. The street designated for that was Spruce Street. If this project goes forward, she felt this was the perfect time to dead end Walnut at the frontage road and put the outlet to TH3 where it was originally intended. The City should consider paying a larger portion of the assessment on behalf of all those who are just traveling through. Why tax the adjacent homeowners who are already dealing with the heavy traffic. She asked if Farmington has a special fund for water and sewer replacements. Some cities have special accounts set aside for that purpose. She asked if the reconstruction of the mains should come from that account. She understood the driveway approaches and sidewalks are to be replaced during this reconstruction. She asked if the City has considered letting residents who have driveways adjacent to Walnut take the opportunity to replace their entire driveways, She asked if they could work with the contractor and the City and if it was possible to add this cost onto the pending assessment. This would allow the residents to tag team with the City to produce a nice looking neighborhood by having everything done at the same time and saving money. She agreed they do need a new street, sewer and water. This is an old area. The street was done in 1972. The $6,000 in this economy is a lot for people right now. She realized it can be paid over many years, but they are also assessed an interest rate of 3.5%. She hoped Council would find a way to lower the amount and distribute the assessment to a wider area that has benefited from this street and make it less painful for the neighborhood. City Engineer Schorzman stated regarding the assessment versus bond amount, the assessment is 12% of the total project cost. City policy is to go up to 35% if a benefit appraisal will show that amount of benefit. Currently the benefit amount is 12% so 88% of the project cost is being paid by all the residents in town and Council Minutes (Regular) November 2, 2009 Page 4 12% is the assessment. The trunk funds will participate in the cost to the extent that trunk work is done. Regarding the driveways, he recommended staff can work with the residents to get them together with the contractor, but he would not recommend including that as part of an assessment. Staff can work with them, help them figure out the quantity and review the negotiations with the contractor, but the City should stop there. Councilmember May stated a lot of the comments could also apply to what happened with Main Street. That outlet to TH3 was left intact and the residents along Main Street also paid the $6,000 assessment. That road is clearly used by more than just the residents along Main Street. It would have been a valid discussion at that time to dead end the road, but it was left open, The argument of whether a road is used by more than just those residents could be used by many streets in the downtown area. City Administrator Herlofsky stated the levy covered outside the assessment will add $200,000 to the levy for 2011, The rest of the residents in the City are paying 88% ofthe project. In 2011 the debt service will be increased because of this project. Councilmember May agreed it is tough in this economy, but it will not get any better and the amount is already distributed. Councilmember Wilson recalled the Hill Dee reconstruction cost $7,000 per resident. He asked if staff looks at also doing work in other areas along with the larger project to spread out the cost. He was questioning some of the work done this summer that was taken completely out of a fund that could have been picked up by other residents in that area, He was suggesting tying two projects together with different time frames. City Engineer Schorzman stated the projects this summer were different because they were not full reconstructs. Staff tried to limit what they did to get the trunk utilities extended. The difference is most of the service lines where the benefit is derived are on the east-west streets, not the north-south streets. There were only two or three services redone on the 4th and 5th Street projects in the entire four block section, In this project, everyone is served off the Walnut line. We would not have gained a lot from an efficiency standpoint. To spread it out, 4th and 5th Street would have been full reconstructs which would have added to the cost of those projects. Councilmember Wilson noted this is an estimate so when it is bid in the spring, the amount could be lower. Staff noted that would not reduce the $6,000 amount based on the City policy of assessing 35% of the costs if benefit can be shown. Councilmember Wilson asked if there was a way to address the compounding interest of3.5%, as this would have a compounding affect to the annual taxes. City staff did look at the interest rate and this is 1.5% less than recent projects. Mr. David Rotty, 709 Walnut Street, stated looking at the pictures he can see they need the new sewer, water and street. He asked about the amount ofthe Spruce Street assessment last year. Staff replied it was $6,000. Mr. Rotty stated it will never be a perfect time to assess $6,000. He understood the project was needed. Council Minutes (Regular) November 2, 2009 Page 5 He noted the bus traffic has been reduced greatly frompast years. He felt itwas fine to have it as a through street to TH3. He asked how many years the assessment covers, Staff stated the assessment is over 15 years. Mr. Tim Dougherty, 704 5th Street, noted Council mentioned if the bid comes in lower than $3.6 million and he did not understand the response. City Engineer Schorzman explained the City's policy is to assess 35% of the cost to the benefiting properties. That is overridden by State Statute that says you have to be able to provide proof there has been that amount of benefit to the property. Recently, the benefits have been coming in at $1500 per utility which adds upto the $6,000. Right now, the $6,000 assessment represents 12% of the projectc()st. For it to be reduced, $6,000 would have to be over 35% of the cost of the project. Mr. Dougherty noted there was not much on the website about the assessment policy and asked for a copy of the policy. Staff will provide a copy. He asked how much th e school is assessed and if it is 12% for them. City Engineer Schorzman stated the schools and two churches will be affected by the assessment. Outside the single family residences, staff looks at how many services they have for water and sewer as well as the size of the parcel and compares that to the size of the residence, The school will be paying more than the $6,000 assessment for the Administration Center and the school. Staff breaks the amount down into residential equivalent units. Mr. Dougherty stated there is a lot of traffic and the sewer and the water has been used a lot more because of the schools, It has had a negative impact on the street, but we are all bearing the same cost. He felt there has been more wear and tear because of the traffic and buses because of the school. Mr. Dougherty stated he cannot park in front of his house during the school year, because the school parks on the street and the buses use the street and it is very busy. He felt there is more use because of the schools and yet the residents are bearing the same cost. City Engineer Schorzman stated the 12% is the total assessment of$432,000. The school district is assessed $102,000 out of the $432,000 so they are paying 25% of the total amount. Out of 72 residential equivalent units, the school district has 17 residential equivalent units. Mr. Ian Menoch, 620 5th Street, stated he bought the lot and built a new house. They just had the sewer and water put in, Now he will have to do it again and pay double. He asked if this can be changed, Councilmember Fogarty stated the connection from the street to the home will not be replaced, just the main line down the street. That is a shared cost by everyone. MOTION by Fogarty, second by Wilson to close the public hearing. APIF, MOTION CARRIED. MOTION by Fogarty, second by Wilson to adopt RESOLUTION R55-09 ordering the Walnut Street Reconstruction Project. APIF, MOTION CARRIED. (Mayor Larson left the meeting at 7:48 p.m.) Council Minutes (Regular) November 2, 2009 Page 6 Councilmember Fogarty asked if staff could evaluate the need for the stop sign at 6th Street and Walnut Street. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Approve Naming Rights Agreement Rambling River Center - Parks and Recreation There was a goal of $90,000 for donations to cover the cost ofthe Rambling River Center construction project. There was a room naming rights program developed, The sixth contribution is from Anchor Bank Farmington to purchase the naming rights for the game room, which will be named the Anchor Bank Activity Room. They will pay $900 over the next five years for a total of $4,500. This will raise the total to $29,000 for the room naming rights program. MOTION by Wilson, second by May to approve the agreement with Anchor Bank Farmington to rename the game room to the Anchor Bank Activity Room in the new Rambling River Center building. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) CAP X 2020 Transmission Line Public Hearings - Administration There are transmission lines being proposed from the western to the eastern border of Farmington. Public hearings will be held on November 13, December 10 and 11, 2009. The original route was proposed to go through Eureka Township with minimal conflict with development. Other proposals suggest the lines go along CSAH 50 and this would be detrimental to development and add to the cost in Farmington and Lakeville. Staff will be meeting with Lakeville and a consultant regarding this issue. Councilmember Wilson asked staff to provide Council a briefing in case they chose to participate in the hearings. CouncilmemberFogarty asked that a link to the CAPX website be placed on the City's website. City Administrator Herlofsky was on a subcommittee that worked with Dakota County andother communities regarding broadband capabilities. Council was shown a video and it will be placed on the website and Channel 16. City Administrator Herlofsky and staff will be meeting with representatives from Rochester regarding a possible train route from Rochester to the cities. Council Minutes (Regular) November 2, 2009 Page 7 Councilmember May: Informed residents that Council is still deep in budget discussions and there will be a budget workshop next Monday night. She welcomed comments or concerns from residents and Council's contact information is on the City's website. Councilmember Wilson: He noted Mayor Larson and Councilmember Fogarty are representing the City in discussions regarding the ice arena. He noted there is an RFP and Council has received some well-thought out comments from residents. He wanted to make sure they were moving forward with having collaborative discussions with all the partners and trying to look for minimal taxpayer involvement and even discussing .'... ' location opportunities. He hoped these things can be taken up the next time the group has a discussion. He was concerned with the expense the City could be incurring with the arena for a short term vision versus a broader term vision that could come out of the discussions. Councilmember Fogarty agreed and that is a core foundation of alot of the discussions, The meetings have been informal and will become more formal especially with the RFP being sent out. She has expressed the possibility of having more of a general manager run the project because there are plenty of in-kind donations from associations to bring down the cost of the project. Parks and Recreation Director Distad: Thanked the 521 people who attended the waffle breakfast as a Rambling River Center fundraiser. Councilmember Fogarty: Her family attended the waffle breakfast and enjoyed it. There was an open house on October 19 for the Rambling River Center where 300 people toured the new center. November 7,2009, there will be a steak fry at the VFW for baseball and softball. Also on November 7, 2009, at the Eagle's Club there will be a bingo fundraiser for the Farmington Dance Team. You need to be 18 or older to attend, The Knights of Columbus breakfast has been moved from November 1 to November 15,2009. Turkey Bingo will be held November 21,2009. The 451st Army Band will have their Veteran's Day concert at the Farmington High School on November 7,2009. They are inviting all veterans and their families to attend. 14. ADJOURN MOTION by Wilson, second by May to adjourn at 8:08 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~ ?-r7~ / Cynthia Muller Executive Assistant