HomeMy WebLinkAbout04.06.98 Council Minutes
COUNCIL MINUTES
REGULAR
April 6, 1998
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, Fitch, Gamer, Strachan
None
City Administrator Erar, Attorney Joel Jamnik, City Management
Team
4. APPROVE A GENDA
MOTION by Gamer, second by Strachan to approve the Agenda with the following
changes:
· Accept Supplemental Agenda requesting that the April 6, 1998 Council
Agenda be amended to add Item lO(g) "Adopt Resolution Supporting the
Improvement and Expansion of the I-35E Lexington Avenue Bridge" under
Petitions, Requests and Communications.
· For purposes of organization, under Petitions, Requests and Communications
move Item lO(b) "Request Adjustment of MUSA Boundaries" to ll(a); and
under Unfinished Business, move ll(a) "Glenview Townhomes Preliminary
Plat" to 11 (b).
APIF, MOTION CARRIED.
5. ANNOUNCEMENTS
a) Board of Review Hearing
The Board of Review Hearing was held at 7:00 P.M. in City Hall Conference
Room A. Following completion of the meeting at 7:38 P.M., MOTION by
Cordes, second by Gamer to close the Board of Review Hearing. APIF,
MOTION CARRIED.
Council Minutes (Regular)
April 6, 1998
Page 2
b) Officer Commendation - Police Department
Lakeville Police Chief Dave Martens issued a commendation to Sergeant Kevin
Mincke for his off duty assistance on March 5, 1998, in capturing a suspected
thiefwho fled from Mills Fleet Farm on foot.
c) Lakeville Dispatching Services - Equipment Discussion
Lakeville Police Chief Dave Martens presented information concerning potential
plans to upgrade the Lakeville Police Department Communications Center and
possible effects on Farmington's contracted Emergency Dispatch Services. Last
year, Motorola, the manufacturer of the counsel, advised the City of Lakeville that
they would no longer support the counselor make new parts as needed.
According to Chief Martens, there were 21 dispatch service failures last year. A
new communications system could cost between $100,000- $700,000. There is a
possibility for grant money to cover 1/3 - 2/3 of the cost; however, we cannot
apply for grants until we know the cost of the new system.
City Administrator Erar indicated that the City would need to explore all its
options and decide which would be the best option for the City of Farmington.
d) Approve Proclamation Proclaiming Arbor DaylMonth
The City's Park and Recreation Director, Jim Bell, announced that the annual
Arbor Day activities are scheduled for Friday, April 24, 1998, and will begin at
10:00 A.M. at the Rambling River Park. Farmington's Fourth Grade elementary
students will help plant trees. Councilmember Strachan read verbatim the
Proclamation proclaiming April 24, 1998 as Arbor Day, and the Month of May as
Arbor Month in the City of Farmington.
6. CITIZEN COMMENTS
Citizen Jim Gunderson, Prairie Creek, 18772 Embers Avenue, asked why the citizens of
Farmington were not allowed to vote on the assessment for the CSAH 31 project. He
believes all residents will benefit from the redeveloped CSAH 31 and feels all City
residents should assist in the payment of the road. Mr. Gunderson also expressed
dissatisfied with the decision to assess residents for seal coating.
Council Minutes (Regular)
April 6, 1998
Page 3
a) Judy Bryant - Response to CSAH 31 Question
Ms. Bryant was present in the audience and said she felt Finance Director
Roland's letter did not answer her question as to why she is paying for something
the City is going to "tear out. "
City Administrator Erar invited Ms. Bryant to come to City Hall and meet with
staff to review maps and see exactly what was done to the previous improvement
in terms of benefiting the property.
b) Steve Wilson and Dan McCarthy - Response to CSAH 31 Question
Council acknowledged Finance Director Roland's written response to Mr. Wilson
and Mr. McCarthy's CSAH 31 question.
7. CONSENT AGENDA
MOTION by Fitch, second by Gamer to approve the Consent Agenda as follows:
a) Approved Minutes 3/16/98 (Regular) and 3/25/98 (Special)
b) Approved School Conference Request - Fire Department
c) Adopted RESOLUTION R29-98 executing the CSAH 31 Right-of-Way
Agreements
d) Approved Capital Outlay purchase - Parks and Recreation Department
e) Approved Capital Outlay purchase - Police Department
f) Approved Capital Outlay purchase - Administration Department
g) Approved Temporary 3.2 On Sale Licenses
h) Approved Extension of Yard Waste Compo sting Facility Contract
i) Approved Renewal of Recycling Contract
j) Adopted RESOLUTION R30-98 accepting Donations to Senior Center
from American Legion and Lutheran Brotherhood
k) Adopted RESOLUTION R31-98 Accepting Dakota County Estates 7th
Addition Street & Utility Improvements, RESOLUTION R32-98
Accepting Dakota County Estates 8th Addition Street & Utility
Improvements, and RESOLUTION R33-98 Accepting Limerock Ridge
Street & Utility Improvements
1) Received Lakeville Participation Update on Middle Creek Trunk Sanitary
Sewer
m) Approved Bills
APIF, MOTION CARRIED.
Council Minutes (Regular)
April 6, 1998
Page 4
8. PUBLIC HEARINGS
a) 1998 Seal Coat
City Engineer Lee Mann briefly summarized the 1998 Seal Coat Project, now in
the fifth phase of the seven-year program.
PUBLIC INPUT
. QUESTION 1 of 2: Pam McCoy, 5160 194th Street West: I want a
clarification that I won't be paying the assessment because I've
already paid it?
ANSWER: City Engineer Lee Mann: Correct. The people in
Prairie Creek Third and Limerock Ridge will not get a bill for $55.
In this case, the developments were assessed through a
development contract; the developers paid the assessment and then
included the cost in the price of the lot.
. QUESTION 2 OF 2: Isn't this considered road maintenance, not
road improvement? And shouldn't this cost come out of my tax base,
not out of a special assessment?
ANSWER: City Engineer Lee Mann: The City has adopted the
policy to assess seal coating to maintain longevity of the road.
Councilmember Fitch: It's a revenue-neutral situation. Instead
of charging you in your property taxes, they charge an assessment
as they do the seal coating. In Farmington, 35%-40% of our
property is tax exempt.
City Administrator Erar: The special assessments can be placed
directly on your taxes. If you choose not to pay, they're
automatically put on your taxes.
. QUESTION 1 of 2: Rudy Garcia, 19452 Elmwood Circle: It will
be two years this August since the City put on the new top coat. You
just said it's done every three years. Why are you jumping the gun by
a whole year?
ANSWER: City Engineer Lee Mann: We can go back and
check the field records in our files. If we determine that it isn't
Council Minutes (Regular)
April 6, 1998
Page 5
appropriate to seal coat any area at any time in the project, we
won't. Normally, seal coating is performed two to three years after
new road construction.
· QUESTION 2 OF 2: Where is our money going and what is your
road maintenance policy?
ANSWER: City Administrator Erar: youtre welcome to come
to City Hall or the Public Library to review our budget that
identifies very specifically where dollars go. If you are interested,
I would be happy to meet with you in the evening anytime during
the week that is convenient for you. Seal coating defers the cost of
road construction from five to ten years and is not part of the City's
budget.
Mayor Ristow: Council and Staff put a lot of time into
determining whether to initiate the seal-coating project. There
were studies done by professionals to determine the benefit
received through road durability.
. QUESTION: Liz Garcia, 19452 Elmwood Circle: I would like a
copy of the assessment list so I know what to expect with upcoming
assessments. Also, I'm concerned that I can't get more than
snow plowing and street sweeping out of a large city budget.
ANSWER: City Administrator Erar: We will send you a copy
of our Assessment Policy. You can review the budget document
on our web site. If you have specific questions, we can discuss
that with you.
. QUESTION: David Gerardy, 501 Oak Street: Two years ago we
got a new street and we paid an assessment of $155 for the first seal
coating of that street.
ANSWER: City Engineer Lee Mann: We will research that
with the Finance Department and send you a letter response. If
that's the case, then you would not be assessed.
Council Minutes (Regular)
April 6, 1998
Page 6
· QUESTION 1 of 2: Jeff Fuller, Nelson Hills, Essex Trail: They
still haven't finished building houses in Nelson Hills. What's the sense
in seal coating now when there's going to be heavy equipment going
up and down the road?
ANSWER: City Engineer Lee Mann: Prior to beginning the
project, we will evaluate the appropriateness of seal coating and
whether or not we can keep the trucks off of that road long enough
to let the seal coat set up.
· QUESTION 2 OF 2: You're already making repairs on my road, yet
there's still no park in my neighborhood and there's a bike path with
mud on both sides of it. When will the parks be going in?
ANSWER: City Parks and Recreation Director Jim Bell: The
Parks and Recreation Commission is working on that right now.
City Administrator Erar: Every developer is required to set
aside a portion of the development property for open parkland.
The City is beginning to upgrade existing parks with playground
equipment. Rambling River and Hill Dee were recently upgraded.
Upgrading will continue in 1998 and 1999. The money comes
from retained earnings through liquor store operations and the
Capital Improvement Plan.
. QUESTION 1 OF 3: Alison Raymond, 5640 Lower 1820d Street
West: If the cost (for seal coating) a residential unit is $55, what is
the assessed cost to a business property?
ANSWER: City Engineer Lee Mann: We look at the area of the
business' lot and divide the typical residential lot into that area and
determine how many residential equivalents that business equals.
Then they would be assessed $55 times however many residential
units their land equals.
. QUESTION 2 OF 3: Will you be notifYing the businesses that were
notified in regard to this as to what their assessment will be? And
when will that take place?
Council Minutes (Regular)
April 6, 1998
Page 7
ANSWER: City Engineer Lee Mann: We will notify the
businesses as to the amount of their assessment at completion of
the project, which will be in mid-July after Mountain Dew Days
and before the County Fair.
. QUESTION 3 OF 3: What length of time will the project tie up the
road?
ANSWER: City Engineer Lee Mann: If the weather is
cooperative, 2-3 days to complete the entire seal coat project and
then within one week to sweep the seal coat aggregates. There is a
short period of time (1/2 hour to an hour) immediately after the
seal coating where it's best to stay off of the road.
. COMMENT: Laura Adelman, 3221 213th Street West, Empire
Township: I think this council and this staff have done a pretty good
job of restraining some spending and are trying to be fiscally
conservative.
MOTION by Gamer, second by Strachan to close the Public Hearing at 8:25
P.M. APIF,MOTIONCARRIED.
MOTION by Fitch, second by Gamer to ADOPT RESOLUTION R34-98
Ordering the Project, Approving Plans and Specifications and Authorizing
Advertisement for Bids. APIF, MOTION CARRIED.
b) Street Vacation -100 Block of Oak Street
Community Development Director David Olson outlined the petition from Colin
Garvey to vacate a portion of Oak Street adjacent to the HRA-owned lots.
PUBLIC INPUT
QUESTION: Marv Wier, 808 3rd Street: I'm asking on the basis of easements
if there are utilities underneath this area or will the City be charged for use of
that area when they go to digging if the land is developed in some manner. For
instance, if we have a watermain there and we want to dig it up will we have to
pay the developer for going in and digging it up?
Council Minutes (Regular)
April 6, 1998
Page 8
ANSWER: Community Development Director Olson: No. The City
retains the right to disrupt, repair or replace through the easement process
and there is no cost incurred if we dig those up. We're retaining 27 feet of
easement area to access the utilities in the center right- of-way.
QUESTION: Randy Roldman: I work at Lamperts Yard on 109 Spruce Street.
Lamperts obtained the property to expand their lot. There's a house on there
currently. Would there be any conflicts with shortening up the street and getting
the semi-trailers in on Spruce Street and exiting onto Oak Street?
ANSWER: Community Development Director Olson: We can address
this issue and incorporate the contingency into the Resolution.
Councilmember Strachan: I'm willing to make it a contingency of the
approval of the vacation to resolve issues regarding expansion of
Lamperts.
MOTION by Strachan, second by Gamer to close the Public Hearing at 8:45 P.M.
APIF, MOTION CARRIED.
MOTION by Strachan, second by Fitch to ADOPT RESOLUTION R35-98 vacating
the north 30' ofthe right-of-way for Oak Street contingent on the following:
· Mr. Garvey's project obtaining all the necessary City approvals and the project
proceeding.
· Contingency "f" that access issues with Lamperts Yard, in light of any
expansion, be resolved.
APIF, MOTION CARRIED.
9. A WARD OF CONTRACT - None
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Utility Franchise Agreement Request
Finance Director Roland presented Minnegasco's request for a Natural Gas
Franchise in the new development area at 195th and CSAH 31.
Council Minutes (Regular)
April 6, 1998
Page 9
MOTION by Gamer, second by Cordes to authorize staff to develop a Franchise
Ordinance. The Ordinance will be brought back for Council's consideration and
adoption at a later meeting.
b) City Cable Franchise Agreement Preliminary Discussions
City Administrator Erar briefly updated Council on staffs efforts and the present
direction regarding negotiating a new cable franchise agreement with Marcus
Cable. Council ACKNOWLEDGED the appropriate nature of preliminary
franchise renewal points of interest currently under discussion with Marcus Cable.
c) City Tax Rate - Final 1998
Finance Director Roland presented this to Council for information only. It was
noted that the final tax rate for 1998 for the City of Farmington was 33.64%, and
that the City was the only community in Dakota County that effectively reduced
its tax rate in 1998.
d) Farmington Middle School Second Addition Preliminary Plat
Lee Smick presented the request from LS.D. 192 seeking approval of a
preliminary plat to locate a 163,747 s~uare foot middle school building on 23.92
acres of land located to the east of 2081 Street.
MOTION by Gamer, second by Cordes to ADOPT RESOLUTION R36-98
Approving the Preliminary Plat for Farmington Middle School 2nd Addition.
APIF, MOTION CARRIED.
e) Request for City Participation - Westwood Court Footbridge
City Engineer Lee Mann summarized the request for the City's participation in
constructing a footbridge that would span the ditch between Westwood Court and
the High School parking lot. It is staffs recommendation that the City not
participate in the costs of the footbridge. City Attorney Jamnik concurred with
staffs suggestion due to profound City liability issues. Citizen Bob Heman, 910
Westwood Court, was present in the audience representing the residents of
Westwood Court. It was decidrd by a consensus of Council that the City not
participate in the construction of a footbridge.
Council Minutes (Regular)
April 6, 1998
Page 10
f) Adopt Resolution - Supporting I-35E Lexington Ave. Bridge
Mayor Ristow read aloud the Supplemental Agenda memo regarding MnDOT's
plans to reconstruct the I-35E Lexington Avenue Bridge over the Mississippi
River. MOTION by Gamer, second by Fitch to ADOPT RESOLUTION R37-
98 Supporting the Improvement and Expansion of the I-35E Lexington Avenue
Bridge. APIF, MOTION CARRIED.
Mayor Ristow calledfor a recess at 9:35 P.M. and meeting reconvened at 9:45 P.M.
11. UNFINISHED BUSINESS
a) Request Adjustment of MUSA Boundaries
Mayor Ristow excused himself from the Council table due to a potential conflict
of interest in this matter.
Community Development Director Olson outlined the request for a MUSA
boundary adjustment. Bruce Bullard, representing Tim Giles, requested
clarification on the timeline. Community Development Director Olson indicated
10 days to two weeks. MOTION by Cordes, second by Fitch to ADOPT
RESOLUTION R38-98 requesting a MUSA Boundary Adjustment. APIF,
MOTION CARRIED.
b) Glenview Townhomes Preliminary Plat
Mayor Ristow excused himself from the Council table due to a potential conflict
of interest in this matter.
Community Development Director Olson reminded Council that on March 2,
1998, they continued action on this preliminary plat to the April 6th Council
Meeting to allow time for several issues to be resolved. MOTION by Strachan,
second by Cordes to ADOPT RESOLUTION R39-98 Approving the
Preliminary Plat for Glenview Townhomes. APIF, MOTION CARRIED.
12. NEW BUSINESS
a) Request Authorization - County Road 72 Feasibility Study
City Engineer Lee Mann presented the request for authorization to prepare a
feasibility report for the possible turn-back of County Road 72 to the City of
Farmington and Empire Township. Mayor Ristow questioned why the City must
Council Minutes (Regular)
April 6, 1998
Page 11
participate with the County in the cost of upgrading the road. Attorney Jamnik
stated that legally the County could force the City of Farmington to take the road
up to their (County) standards. Attorney Jamnik also indicated that he would look
further into the City's legal options in this regard. City Administrator Erar
mentioned that this could be the opportunity for the City to upgrade the road and
take advantage of the County's funding participation. Mayor Ristow strongly
disagreed with the County's decision to turn-back the County road and force the
City to spend substantial money to bring the road up to acceptable standards.
MOTION by Gamer, second by Fitch to ADOPT RESOLUTION R40-98
Ordering Feasibility Report for County Road 72. APIF, MOTION CARRIED.
13. COUNCIL ROUNDTABLE
Councilmember Gamer:
City Administrator Erar:
Community Development
Director Olson:
City Engineer Lee Mann:
Mayor Ristow:
Serious problem with roads in bad condition on Walnut
Street and concerns with water drainage on Hickory Street.
Area code split will be based on corporate boundaries.
Farmington's new area code will be 651. If interested in
Municipal Finance Workshop, please contact the Executive
Assistant.
Farmington EA W process for Prairie Creek - Responded to
an article in the Farmington Independent and indicated that
the City is continuing to discuss the issues with the review
agencies, including Empire Township.
Met with MnDDT representatives. Began work on Elm
Street gates which should be installed in three weeks.
Received a resident complaint regarding drainage ponding
between 8th and 9th Streets. Commended Finance Director
Roland for her handling of various matters in a prompt and
professional manner during the City Administrator's
absence.
The Council Meeting ended at 11:02 p.m.
Council Minutes (Regular)
April 6, 1998
Page 12
14. EXECUTIVE SESSION
Council adjourned into Executive Session at 11:10 P.M. for the purposes of reviewing
pending civil litigation and for the purpose of evaluating the City Administrator.
Council adjourned out of Executive Session at 12:25 A.M.
Council briefly discussed a compensation adjustment/or City Administrator Erar.
15. ADJOURN
Council adjourned from the Council Session at 12:30 A.M.
Respectfully submitted,
K@Il.{1J;4dti.-
Lori J. Folie\)
Executive Assistant