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