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HomeMy WebLinkAbout05.17.99 Council Minutes COUNCIL MINUTES REGULAR May 17, 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. APPRO VE A GENDA MOTION by Soderberg, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Heritage Preservation Awards HPC awards were presented to Patricia Murphy, Steve Krech, and the Tim Carr family recognizing them for "Protecting the Irreplaceable" in Farmington. 6. CITIZEN COMMENTS a) Mr. Kevin Mahlsted - Rambling River Ball Field Fencing Request Mr. Mahlsted requested fencing along the foul lines on field #3 at the Rambling River Fields. After consideration by the Parks and Recreation Commission, staff has received quotations from fencing companies. The fence will be installed by Fenc-Co at a cost of$1,560.00, which will com~ from the Park Improvement funds. 7. CONSENT AGENDA MOTION by Strachan, second by Soderberg to approve the Consent Agenda as follows: a) Approved Council Minutes (5/3/99) (Regular) and (4/24/99) (Special) b) Approved CEEF Donation c) Approved Capital Outlay - Parks and Recreation Department d) Approved Addendum Recycling Agreement e) Received Status Report - 300 1st Street t) Approved bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS Council Minutes (Regular) May 17, 1999 Page 2 9. AWARD OF CONTRACT a) Adopt Resolution - County Road 72 Project (Supplemental) Arcon Construction Company submitted the low bid in the amount of $721,725.70. The total estimated project cost including contingencies and legal, engineering and administrative costs is $1,010,000. Dakota County will be funding a portion of the costs of the improvements as part of the turnback agreement with the City. The remaining costs will be funded through the City funding mechanisms. MOTION by Soderberg, second by Cordes to adopt RESOLUTION R52-99 accepting the base bid of Arcon Construction Company Inc and awarding the contract. APIF, MOTION CARRIED. b) Adopt Resolution - Prairie Creek Storm Sewer Upgrade (Supplemental) Redstone Construction Company submitted the low bid in the amount of $409,933.28. The estimated project cost including contingency and legal, engineering and administrative costs is $570,000. The estimated project cost will be funded from the Storm Water fund. MOTION by Cordes, second by Soderberg to adopt RESOLUTION R53-99 accepting the base bid of Redstone Construction Company Inc. and awarding the contract. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Charter Communications - Cable TV Rate Increase Staff received communications from Charter Communications informing the City of a cable rate increase effective June 1, 1999. In terms of municipal rate regulatory powers, the City has been advised that Charter Communications has the authority under federal law to raise rates under a prescribed rate calculation formula. As such, the City has very limited regulatory oversight as it applies to cable rate increases. Mr. Rob Roeder, Charter Communications, stated the rate increase was not a result of the sale of Marcus Cable to Charter Communications, or the Franchise Agreement. b) Adopt Resolution - Charleswood Development Contract The Development Contract for Charleswood 2nd Addition has been drafted in accordance with the approval and conditions placed on the approval of the Preliminary and Final Plat. MOTION by Strachan, second by Verch to approve the execution ofthe Development Contract and adopt RESOLUTION R54-99 authorizing its signing contingent upon the conditions and approval by the Engineering Division. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Adopt Resolution - Downtown Streetscape/Sliplining Project At the AprilS, 1999 City Council meeting, the City Council ordered the improvements for the Downtown Streetscape and Sliplining project and authorized the preparation of plans and specifications. At the public hearing, the Council determined that the scope of the streetscape project would include up to SO% pavers in the sidewalk design, the alley between 2nd and 3rd Street is to be Council Minutes (Regular) May 17, 1999 Page 3 included in the project, and the neckouts and a City logo are to be included in the project. Paving alternatives 1 and 4 were preferred, the herringbone pattern for the pavers is preferred, tree grates are preferred over open planters for the trees. The Victor Stanley "Classic Design" bench and the "Grand Central" bench were preferred, banners should be included, and flowers should be included in above ground planters. The sliplining project consists of rehabilitating the existing clay sewer pipes on 3rd Street between Spruce and Elm, and on Oak Street between 2nd and 4th. The rehabilitation of the sewer pipes will address significant structural and infiltration problems. The total estimated project cost for the Downtown Streetscape project is $865,000. Funding for this project would come from a General Obligation Improvement Bond. As such, 35% of the project costs would be assessed to benefiting properties over a 15-year period. The City will fund the remaining 65% of the project costs from Road and Bridge funds. The total estimated project cost for the Downtown Sliplining project is $194,000. Assessments for both projects will be based on front footage or equivalent unit methodology. This will be determined at the assessment hearing. Regarding trees, staff is looking at planting smaller trees that will not bother the buildings or where the roots will not raise the concrete. Maintenance of the logo was a concern. The cost of a cast iron medalion in the intersection would be $15,000. The cost of2 - 4-foot medalions placed in the neckouts would be $10,000. The Engineering Department was instructed to consider adding underground wiring for the possible addition of a centrally located clock that could be added as a separate project sometime in the future. MOTION by Verch, second by Soderberg to adopt RESOLUTION R55-99 approving the plans and specifications and authorizing advertisement for bids for the Downtown Streetscape and Sliplining project, and to select alternative 4 with a herringbone pattern, the Victor Stanley Classic bench, and grates for the trees. Council decided against the logo. APIF, MOTION CARRIED. b) State Hwy 3 Frontage Road and Willow Street Improvements - Authorize Use of Eminent Domain At the May 3, 1999 City Council meeting, the Council accepted the feasibility report, authorized plans and specifications and called for a public hearing for the Trunk Highway 3 and Willow Street east frontage road improvement project. The frontage road project will require that the City acquire right-of-way from two adjacent property owners, Wausau Lumber and Neil Perkins. In order to allow that the right-of-way can be acquired in the time frame necessary to commence construction of this project this construction season, it is recommended that the Council authorize staff to initiate eminent domain proceedings if necessary. MOTION by Cordes, second by Strachan to adopt RESOLUTION R56-99 Council Minutes (Regular) May 17, 1999 Page 4 approving condemnation of property for public uses. APIF, MOTION CARRIED. 12. NEW BUSINESS a) Adopt Ordinance - Interim Use Amendment The interim use ordinance will provide the City an alternative to the existing permitted and conditional uses within the zoning code. If a proposed interim use meets all five requirements under section "A" of the proposed ordinance the Planning Commission can approve the permit based on any subject contingencies, including length of time, as to be date specific, of the use. The Council does have the option in the future to strike any interim uses from the zoning code as deemed necessary, such action may result in any existing interim use to become a non- conforming use. When an interim use is approved it does set a precedent for other businesses to apply for an interim use permit in that same zoning district. An interim use permit allows a business to continue for a limited amount of time. MOTION by Soderberg, second by Strachan to adopt ORDINANCE 099-431 approving the amendment to Title 10, Chapter 8 of the Farmington City Code. APIF, MOTION CARRIED. b) Holiday Lighting and Decorations - Status Report The Street and Utility Division has indicated that the Holiday Lighting used in the Downtown is in poor operating condition and considered unsafe relative to electrical conduit. According to the City Attorney, the use of public funds for the purchase of new or replacement decorations is generally discouraged when associated with any overt symbols of Christianity or Judaism, or any other specific religious belief system. In light of the fact that the City has not directly participated in purchasing holiday decorations, it would be appropriate to refer this issue to an outside community group. MOTION by Soderberg, second by Cordes to refer this issue to the Chamber of Commerce. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE a) Survey Information - Fish House Storage This issue was discussed during Council roundtable at the May 3, 1999 Council meeting. Staff conducted a survey of other area cities regarding regulations of fish houses. Apple Valley and Rosemount treat fish houses the same as accessory buildings or storage sheds. Burnsville treats fish houses the same way they handle campers and RV's. Council did not feel the number of complaints constituted a problem that would call for an ordinance amendment. If problems persist, it will be brought back to Council. b) MnDOT Notification - State Hwy 3 The issue of motorists driving over the easterly median from the easterly frontage road north of Budget Mart to access Trunk Highway 3 was brought to staff for review. Staff has contacted MnDOT and MnDOT staff has indicated that they would be willing to meet with City staff to discuss possible solutions to the Council Minutes (Regular) May 17, 1999 Page 5 problem in the next week or two. Council requested staff to investigate a more immediate solution as this is a safety issue. Staff will look into the situation. Parks and Recreation Director Bell: Clean-up day was held May 15, 1999 and went well. 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 8:58 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~ ;h/~ Cynthia Muller Executive Assistant