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HomeMy WebLinkAbout10.01.01 Council Minutes COUNCIL MINUTES REGULAR October 1, 2001 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, Soderberg, Strachan Cordes, Verch Joel Jamnik City Attorney, Ed Shukle City Administrator, Robin Roland Finance Director, Dave Olson Community Development Director, Dan Siebenaler Police Chief, Jim Bell Parks and Recreation Director, Lee Mann City Engineer, Karen Finstuen Administrative Services Manager, Brenda Wendlandt Human Resources Manager, Cynthia Muller Executive Assistant 4. APPROYEAGENDA MOTION by Soderberg, second by Strachan to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Outdoor Art Project Update The Dakota Valley Arts Council is sponsoring the creation of two metal and tile arches for the two entrances of the Depot Way Arts Park. The archways will be based on community ideas. The arches will be 12 feet high and 12 feet wide. The tiles will be 6 inches square. Residents can design and make square clay tiles with design images about Farmington or design a name tile. Personal tiles can be purchased for $50 each. A $3000 grant was awarded to the Dakota Valley Arts Council from the Metropolitan Regional Arts Council to fund a portion of this project. b) Commendation - Police Department Officer Gary Deutschle observed smoke coming from Centre Manufacturing and notified the Fire Department. This prevented a large disaster. c) Commendation - Finance Department The City received the Distinguished Budget Presentation Award for the 2001 budget. This is the 4th year the City has received this award. 6. CITIZEN COMMENTS Council Minutes (Regular) October 1, 2001 Page 2 7. CONSENT AGENDA MOTION by Strachan, second by Soderberg to approve the Consent Agenda as follows: a) Approved Council Minutes (9/17/01 Regular) b) Adopted RESOLUTION R89-01 Approving Application for Landfill Abatement Funds - Parks and Recreation c) Approved Akin Road Project - Right-of-Way Acquisition - Engineering d) A warded Contract - Pond Improvements - Engineering e) Received Information Capital Outlay - Administration f) Received Information Capital Outlay - Public Works Councilmember Soderberg commented it is an excellent idea to inform the public of future development by placing signs at stub streets. g) Received Information School and Conference - Parks and Recreation h) Received Information School and Conference - Public Works i) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT a) Approve 5-Year Recycling Contract - Parks and Recreation The 3-year recycling contract with Lakeville Sanitary expires on December 31, 2001. Two proposals were received. Included in the proposals were fees for special pickups, seasonal yard waste service and annual curbside clean up days. The City would benefit from awarding the contract to Dick's Sanitation, Inc. The new contract would be for 5 years. Councilmember Soderberg noted there are significant differences in the amounts for City buildings and the cleanup day. He asked if there were things excluded or included that would make that difference. Staff could not find any differences. MOTION by Soderberg, second by Strachan approving the five-year recycling contract with Dick's Sanitation. Mr. Jim Weinzettel, of Waste Management, stated he went over and above the requirements in the RFP. They have a new co-mingling program where residents do not need to separate their recycling. He stated it reduces the amount of waste going to the landfill and the City would save money on the disposal site. He would like Council to review their program. He stated the cost difference in the two proposals is that Dick's Sanitation built the cost of City buildings into the rates. Mr. David Domack, of Dick's Lakeville Sanitation, thanked Council for using their services for two years. He stated part of the City's success and leadership is consistency in service. Counci/member Cordes arrived at 7:25 p.m. Council Minutes (Regular) October 1,2001 Page 3 Mayor Ristow asked if there were any changes to the motion. Council did not want to change the previous motion. Voting for: Ristow, Soderberg, Strachan. Abstain: Cordes. MOTION CARRIED. 10. PETITIONS, REQUESTSAND COMMUNICATIONS a) Consider Resolution - ISD 192 Elementary School Preliminary and Final Plat - Community Development Farmington ISD 192 has submitted a preliminary and final plat to construct a new elementary school located on 29.47 acres ofa total of 151.31 acres ofland south of 195th Street and west of the Charleswood development. The school will accommodate approximately 750 students from Kindergarten through grade 5 with an additional 550 students in the Early Childhood Family Education Center. The one-story building is ~proximately 141,890 square feet. There is one driveway access from 195 Street to the site. Dakota County will participate in a cost share for the road construction upgrade on 195th Street. The county will provide 55% of the road construction funds and the School District will provide a portion of the City's 45% share to upgrade 195th Street from the termination of pavement near Charleswood to the intersection of Flagstaff to the west. The upgrade will also include the elimination of the south bound curve at Flagstaff to form a "T" intersection and the widening of 195th Street near the school access to provide turn lanes for the school site. A total of seven wetlands have been delineated on the 151.31-acre site. Granular and non-granular material will be mined on-site to provide construction fill for the building pad. A large borrow area will be located in the southeastern portion of the property adjacent to the Charleswood development. Haul routes to the building pad will run north and south along the shared property line with Charleswood. A second borrow area will be located directly south of the single-family home on 195th Street and west of Charleswood. The Final Plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, storm water and utilities by the Engineering Division; and the developer submit the letter of credit and certificate of insurance required under the terms of the Development Contract. Regarding the upgrade of 195th Street, Councilmember Soderberg asked what portion of the City's 45% share the school would provide. City Engineer Mann stated that will be included in the feasibility report. Councilmember Soderberg asked about the noise, dust mitigation plans and hours for mining. Mr. Chet Harrison, ofRLK Kuusisto, the site Civil Engineer, stated the area is a gravel material. Hauling would occur at the bottom of an embankment, which is below the grade of existing residents. They will stay away from property lines as much as possible. Hours of operation will be determined, usually 8-10 hours/day. Council Minutes (Regular) October 1,2001 Page 4 MOTION by Cordes, second by Soderberg adopting RESOLUTION R90-01 approving the ISD 192 Elementary School Preliminary and Final Plat. APIF, MOTION CARRIED. b) Request for Time Extension for Filing of Final Plat - Wilson Property - Community Development The Developer received approval from the City Council for the Wilson property Preliminary Plat on June 18, 2001. The City Codes requires that upon approval the Developer shall record the final plat with the Dakota County Recorder within 75 days. The Developer has requested an extension for recordation of the Wilson Property Final Plat on or before July 1,2002 in order to resolve the 203rd Street issue adjacent to the Middle Creek development. MOTION by Strachan, second by Soderberg approving a time extension for the filing of the Wilson Property Final Plat with the County Recorder on or before July 1,2002. APIF, MOTION CARRIED. c) 2001 Community Development Block Grant Subgrantee Agreement - Community Development The Dakota County Community Development Agency recently provided the City with the Subgrantee Agreement for the 2001 CDBG application that was submitted in January. The Council authorized the submittal of the 2001 CDBG application in the amount of $56,927. Activities to be funded by this application were salary and benefits for the Senior Center Coordinator - $25,000; acquisition and clearance of blighted properties - $31,927. MOTION by Soderberg, second by Cordes approving the 2001 CDBG Sub grantee Agreement with the Dakota County CDA. APIF, MOTION CARRIED. d) Citizen's Request - Ordinance Restricting Storage of Recreational Vehicles- Police Department Staff has received a petition from a group of citizens requesting the City Council consider an ordinance that would restrict the number of trailers and/or recreational vehicles stored on a residential lot. In certain areas, homes have been identified where three or more trailers and recreational vehicles are stored on single family lots without regard to neighborhood appearance or proximity to lot lines. The petitions are requesting that the City adopt an ordinance similar to neighboring cities that limit the number of recreational vehicles and utility trailers stored on a residential lot. The requested ordinance would also restrict the location and surface on which the units are stored. Mayor Ristow asked if a lot of complaints have been received. Police Chief Siebenaler replied occasionally there are complaints of vehicles parked in odd locations, but not on a regular basis. The petitioners are from a single subdivision but view this as an issue for the City. The requested ordinance includes boats, campers, trailers, etc. Councilmember Cordes asked if the petitioners are more concerned with the number of vehicles or the location where they are parked. Police Chief Siebenaler stated one example appears to be number and location, and the other example is location. Councilmember Cordes asked if by establishing certain locations within Council Minutes (Regular) October 1,2001 Page 5 someone's property, would they be able to store as many vehicles as they do now? Staff replied some properties may be able to tolerate more vehicles than others. Councilmember Strachan stated the largest issue would be in Dakota Estates because the lots are narrower and shallower than most areas in the City. We need to look at how an ordinance would affect those lots. The second point is commercial vehicles in residential areas. These ordinances are enforced by complaints. Police Chief Siebenaler replied the residents are interested in the recreational vehicle portion of the ordinance. Councilmember Strachan stated the ordinance also talks about the surface vehicles are parked on. This should coincide with the winter parking ordinance. Police Chief Siebenaler said we do have an ordinance that any vehicle parked off the street be on a crushed rock or other type of surface other than grass. Councilmember Soderberg stated he has a problem with an ordinance restricting landowners from storing their vehicles on their own property. I have a boat and a utility trailer. IfI choose to buy an RV, I am now in violation of the ordinance. Recreational vehicles speaks a little to a community's affluence. I see a beautiful community where residents keep their yards maintained and it is because citizens care about their property. If Council puts an ordinance in place that restricts residents, because they happen to attain a little affluence, from buying a boat, camper, and RV, I have a problem with that. He would not support going forward, but would be willing to hear what the residents have to say. Mayor Ristow stated he agreed, and recommended a workshop be held in the future. Mr. Kevin Buckman, 19387 Ellington Trail, stated it is not a situation where they want to take control or make someone do something. He has a boat and finds adequate storage for it. The problem he has is that there is more than one recreational vehicle parked on the side of the house with weeds growing around it, and a distance between garages of not more than 15 feet. The vehicles stick out into the driveway. He would welcome the opportunity to drive around Farmington and show Council some properties they may not have seen. It has nothing to do with affluence. He wants to be in the same type of community he moved into 7 years ago. If this is happening, it should be stopped now. We have restrictions on where to plant boulevard trees. Recreational vehicles is also something we should look at. Councilmember Cordes asked if it is more the number of vehicles or where the vehicles are placed. Mr. Buckman replied it is the number and an aesthetic problem. When he comes home at night, he does not want to see 45 campers. He owns a boat and stores it off his land. The distance between garages is 15 feet. This person has a full size RV, a pop-up camper, and a tow behind trailer parked on grass. Councilmember Strachan asked if Limerock Ridge has covenants. Mr. Buckman stated the covenants were never filed by the developer. Councilmember Strachan stated property rights are an important issue, but they are also important in terms of the whole. We have to strike a balance. He would like to look at an agreeable restriction. Council Minutes (Regular) October 1, 2001 Page 6 Mayor Ristow suggested the Planning Commission review the situation. Councilmember Cordes stated she would like to have a workshop. City Administrator Shukle suggested the Planning Commission undertake a study and come back with recommendations. A joint workshop could then be held. Staff will place this as an agenda item on the Planning Commission meeting. e) Set Budget Workshop Date - Administration A second budget workshop will be held on October 10,2001 at 6:30 p.m. t) Letter from Mountain Environmental, Inc. - Fertilizer Application - Administration Staff received a letter from Mountain Environmental and Marigold Foods stating they will be land applying a by-product as a fertilizer for the agricultural community. This by-product is from the manufacture of cheese. g) Letter of Resignation Community Development Director - Administration A letter of resignation was received from Dave Olson, Community Development Director. He has been with Farmington for approximately 5 years and will be going to the City of Lakeville. City Administrator Shukle stated he has known Dave for less than 30 days, and we have an excellent person here and it is too bad he is leaving. This will advance him personally and professionally and I am sorry to see him go. Mayor Ristow stated he echoed those same thoughts and concerns. Dave, since you came here working with you has been great. You brought a lot to this community and I understand from a professional perspective you have to move on. You will certainly be missed by me, residents in the area and business people. Community Development Director Olson stated he appreciated the words and it was not an easy decision. This was an opportunity that does not come everyday. He enjoyed working in Farmington the past 5 years and will take a lot of good memories with him. He stated hopefully I have performed at a level that met with Council's expectations as well as staffs. Mayor Ristow stated he also worked with Dave on the HRA and you picked up and carried us on, and did an excellent job. Councilmember Soderberg stated you will be missed. Your professionalism and knowledge and all the things you have brought to the City have been appreciated. I wish you well in the future. It would be nice if your future were here. Best of luck to you. Councilmember Cordes stated she shares the same sentiment. Lakeville is next door so you will still be close. Good luck. Councilmember Strachan stated he had mixed emotions when he heard Dave was leaving. He is sorry as a citizen of Farmington you are leaving. I am sincere when I say you have done a great job here, but I am thrilled you are going to Lakeville. It is a great opportunity for you and your family. I am glad you are staying in the area and wish you continued success. City Administrator Shukle said staff will begin the replacement process as soon as possible. MOTION by Soderberg, second by Cordes, to regretfully accept the resignation and direct staff to start the process to locate a replacement. APIF, MOTION CARRIED. Council Minutes (Regular) October 1, 2001 Page 7 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Mayor Ristow: A ceremony was held for the groundbreaking of the new elementary school. He was invited to the signing of the flag at the Mall of America. $250,000 was raised by schools and other groups in Minnesota to send with Governor Ventura to New York. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 8:40 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~?-Y7~ Cynthia Muller Executive Assistant