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HomeMy WebLinkAbout06.03.02 Council Minutes COUNCIL MINUTES REGULAR June 3, 2002 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 Audience: Andrea Poehler, City Attorney; Ed Shukle, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Jim Bell, Parks and Recreation Director; Lee Mann, Director of Public Works/City Engineer; Karen Finstuen, Administrative Services Manager; Brenda Wendlandt, Human Resources Manager; Cynthia Muller, Executive Assistant Lance Crombie, Amber Madden, Fred Conlan, Gary Deutschle, Holland DeutscWe, Nat Svela 4. APPROv.EA GENDA Councilmember Soderberg pulled 7a) Council Minutes (5/20/02 Regular) so he could abstain from voting as he was absent from that meeting. MOTION by Strachan, second by Soderberg to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Commendation - Police Officer Lakeville Police Chief Dave Martens commended Farmington Police Officer Gary Deutschle for his outstanding work in apprehending burglars who had been robbing construction sites. Materials worth over $100,000 were recovered. Farmington Police Chief Dan Siebenaler recognized the efforts of Lakeville Police Officer Holland Deutschle for obtaining the confession. 6. CITIZEN COMMENTS Mr. Lance Crombie, member of the Trinity Hospital Board, stated many residents are unhappy about the hospital closing. He asked what the community can do to utilize the facility, and asked Council for suggestions. He has learned there is a need for senior housing, assisted living, urgent care, daycare, or adult senior care. He is trying to formalize a 30 year plan for the facility and is looking for ideas from the community. The facility is a real asset in caring for people. Mr. Crombie would like to receive ideas, and they will be compiled into a 30 year plan. Council Minutes (Regular) June 3, 2002 Page 2 Mr. Fred Conlan, 97th Street, stated nothing has been done regarding a fence between his property and the car wash. He stated staff reviewed the fence and did not approve it. Staff notified the car wash owners, they had 10 days to repair the fence. The car wash owner said they would place caulk in between the boards of the fence. When the boards swell or shrink the caulk will fall out and Mr. Conlan will have the same problem. Mr. Conlan feels this has become a joke and does not like the position he has been put in by staff. The 60 days for the car wash owner to bring the fence up to code have passed and he has been given another 10 days. On May 24, Mr. Conlan received a letter from staff stating he was in violation of city code because of two storage sheds on his property that have a one foot setback from his property line, and that he has 10 days to bring them up to code. The buildings were already there when Mr. Conlan purchased the property. The sheds have been there for 15 years and no one can see them. He then received a letter from Community Development Director Carroll stating there is a major infraction in his backyard. Mr. Conlan feels business should be done with a little respect to the residents. He did not realize there was an ordinance and wanted to know when the ordinance went into effect. Mr. Conlan suggested staff should review every property in Farmington for violations. The fence is a joke, the caulk will not stay we will all be wasting time again. He is entitled to his privacy and it was taken away when the car wash tore the fence down. Community Development Director Carroll stated, at the last meeting the car wash owner had work in progress on the fence. The boards were removed for the entire length of the fence and moved closer together to eliminate the gaps Mr. Conlan talked about. There were still small gaps and staff identified areas where the fence was not opaque. The car wash owner stated they would use caulk to fill in the cracks. The Planning Commission stated the fence needed to be opaque, but did not say how it should be done. Staff did not feel it was appropriate to dictate to the owner how to make it opaque. Staff did tell the owner they had some reservations as to how well the caulk would work, and in the event the caulk does not work, the owner would have to keep the fence opaque on an ongoing basis. The car wash owner will have to determine the best way to do this. Regarding the sheds, code violations are enforced according to complaint. Based on the observation of staff, the sheds were in violation of the setback requirement. Mr. Carroll is in the process of investigating when the setback ordinance went into effect and when the sheds were built. Once that is determined it will be brought back to Council and Mr. Conlan. The current code went into effect a couple months ago. For a period of time, rear yard setbacks were at 6 feet, and then it had been changed to 3 feet. Staff needs to determine when the 6-yard setback went into effect. Staff needs to determine when the sheds were built to know which setback requirement to enforce, or if the complaint should be withdrawn. Mr. Conlan asked if the city doesn't have better things to do than look at sheds 30-40 years old? Mayor Ristow stated with any complaint, they have to be investigated. Mr. Conlan stated before someone is accused of breaking the law, they should know what the law is. Mr. Carroll stated the current code is not to have structures within 3 feet of the property line. Mr. Conlan asked does that law mean I have to abide by it now that it's new law? A law could be passed against having caulk in a fence and the fence would have to be replaced. Mayor Ristow stated the situation will be Council Minutes (Regular) June 3, 2002 Page 3 investigated. Mr. Conlan asked when a decision is made, can't anything be done to uphold it? Why keep granting extensions? The 60 days began mid to late March, and ended the end of May. Mr. Conlan asked why staff stated a board on board fence did not have to be installed. That is the type of fence that was there, and that was a suitable fence. Mr. Carroll stated staff was asked that question by the fence owner, and the Planning Commission did not require that type of fence. Attorney Poehler stated the Conditional Use Permit only indicated the fence be opaque, it did not designate the type of construction required. The issue was to make sure light did not shine into residents' backyards, it did not state how that should be done. Councilmember Cordes stated the fence should be opaque, how they do that is up to them. Mr. Conlan asked if the caulk falls out, does he have to pay another $150 appeal fee to get it resolved? Councilmember Strachan asked what mechanism would Mr. Conlan feel comfortable with to resolve this? Mr. Conlan stated every crack on that fence needs to have another board put over it, just like the old fence. It blocked 100% of the light. Councilmember Strachan asked staff to pass this on to the owner as a suggestion. Mayor Ristow asked if Councilor the Planning Commission says it's opaque enough, but there is still a problem and we want boards installed over the cracks, can we do that? Attorney Poehler stated if the fence meets the requirements of the fence being opaque, it would be difficult for the city to enforce something over and above that. Mr. Nat Svela, owner of the car wash, stated they have been more than accommodating. They added height to the fence and have the same sty Ie fence as everyone else. They have been told they need to turn off all the lights in back. They dismantled some, but will not turn off the light over the door for security. His father met with staff and did more than what was required. The only light that would come through the fence is from the security door. Mayor Ristow stated a suggestion was made to install strips over the cracks. Mr. Svela stated they have been more than accommodating. The fence was made higher and Mr. Conlan was happy with that, now everything is not fine. The owner does not believe installing boards over the cracks would resolve the situation, there would still be something else. Councilmember Soderberg stated he will not dictate to the owner how to make the fence opaque. Caulk will fallout eventually, so it will have to be recaulked. The car wash fence is the same as others, except one foot higher. Councilmember Soderberg stated if it is the same as other fences, how can Council not require other fences to have the same construction? Mayor Ristow stated what would solve the situation is placing boards over the cracks. Council can only suggest that to the owner. Mr. Svela stated they have met the requirements and that is the end of it. Attorney Poehler stated the city determines if the fence is opaque, if not, the owner would be given a certain amount of time to comply. If they do not comply, it would be brought back to Council requesting a civil action. Councilmember Strachan stated Mr. Conlan states if there were boards overlapping on the fence, that would solve the situation. Council does not have the authority to enforce that. If caulk is used and in time comes apart, it will again take staff time. It is up to the property owner what to do with the fence. Council Minutes (Regular) June 3, 2002 Page 4 7. CONSENT AGENDA 7a) Approve Council Minutes (5/20/02 Regular). MOTION by Cordes, second by Strachan approving Council Minutes (5/20/02 Regular). Voting for: Ristow, Cordes, Strachan, Verch. Abstain: Soderberg. MOTION CARRIED. MOTION by Verch, second by Cordes to approve the Consent Agenda as follows: b) Approved Dew Days Permits - CEEF Fee Waiver - Parks and Recreation c) Approved Change Order - 3rd Street Overlay Project - Engineering d) Adopted Resolution R46-02 Amending Logis Joint Powers Agreement - Administration e) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT a) Adopt Resolution - 195th Street Extension Project - Engineering Bids were received for the 195th Street West Extension Project. Midstate Services, Inc. submitted the low base bid in the amount of$657,829.28. The total estimated project cost is $919,000. The 195th Street project costs will be split between Dakota County, the city and the benefiting properties adjacent to the roadway. The city will be reimbursed for the County's portion, and will be recommended for funding in the County's 2003-2007 CIP. The benefiting properties will be assessed for their portions of the project costs. MOTION by Verch, second by Strachan adopting RESOLUTION R47-02 accepting the base bid of Midstate Services, Inc. in the amount of$657,829.28, and awarding the contract. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) 2001 Comprehensive Financial Report Presentation - Finance Mr. Steve Wischmann from Kern, DeWenter, Viere presented the Comprehensive Annual Financial Report for 200 I to Council. The general fund balance increased by $461,418, bringing the fund balance total to $1,919,138. This represents 42% of the 2001 annual expenditures and 36.8 % of the budgeted 2002 expenditures. In 2001, actual general fund revenues exceeded budgeted revenues by $297,773 and actual expenditures were $57,751 less than budgeted. b) Adopt Resolution - Farmington Acres Development Contract - Engineering The development contract for Farmington Acres Addition has been drafted in accordance with the approvals and conditions placed on the approvals of the Preliminary and Final Plat. The conditions of approval are: I. The developer enter into the agreement. 2. The developer provide the necessary security in accordance with the terms of this agreement. 3. The developer record the plat with the County Recorder within 6 months after City Council approval of the final plat. Council Minutes (Regular) June 3, 2002 Page 5 MOTION by Cordes, second by Soderberg adopting RESOLUTION R48-02 approving the execution of the Farmington Acres Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. c) Adopt Resolution - Middle Creek Estates Development Contract - Engineering The development contract for Middle Creek Estates has been drafted in accordance with the approvals and conditions placed on the approvals of the Preliminary and Final Plat. Conditions of approval are: I. The developer enter into this agreement. 2. The developer provide the necessary security in accordance with the terms of this agreement. 3. The developer record the plat with the County Recorder within 6 months after City Council approval of the final plat. MOTION by Soderberg, second by Verch adopting RESOLUTION R49-02 approving the execution of the Middle Creek Estates Development Contract and authorize its signing contingent upon the above conditions and approval by the Engineering Division. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Strachan: Thanked Finance Director Roland and her staff for the good work on the audit. Councilmemher Soderberg: We have an outstanding audit. Councilmember Verch: Asked if anything was being done with the King property and if the city can fill it in. Attorney Poehler will review the issue. Community Development Director Carroll stated the city was able to get the owner to cap the property to make it safe. What to do with the property is being considered. The HRA was authorized to make an offer to the owner, but did not receive a response. People have been seeking loans to purchase the property. Staff is waiting to see what happens. City Administrator Shukle: A budget workshop will be held on June 5, 2002, at 5 p.m. An open house dedication for the new police and central maintenance facilities was confirmed with the Council for September 14, 2002. Community Development Director Carroll: There will be an open house for the new senior housing facility in Lakeville next Monday. Council Minutes (Regular) June 3, 2002 Page 6 Parks and Recreation Director Bell: The last curbside clean-up day went well. A report will be provided to Council at the next meeting. City Engineer Mann: Questions have been received regarding the exterior treatment of the precast panels at the Central Maintenance Facility. Samples are available for Council to review. There were some washout areas due to heavy rain, one on Akin Road. The contractor will be brought in as soon as possible to repair the area. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 8:32 p.m. APIF, MOTION CARRIED. Respectfully submitted, - ;? /.;;?/ {1' CL' h~d::..e.z--<./ -Y"")"V' ..- _,c::..~t-- c:.;;/ Cynthia Muller Executive Assistant