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HomeMy WebLinkAbout06.01.98 Council Minutes COUNCIL MINUTES REGULAR June 1, 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 1. Jamnik, City Management Team 4. APPROVE AGENDA . MOTION by Cordes, second by Strachan to approve the Agenda with the following changes: . Accept Supplemental Agenda requesting that the June 1, 1998 Agenda be amended to add the following items: ~ 9(a) "Award Middle Creek Sewer Construction Contract" under AWARD OF CONTRACT; and ~ 12(a) "Bond Sale - 1998 G.O. Sanitary Sewer Revenue Bonds" under NEW BUSINESS. . Pull "Council Minutes 5/14/98 (Special)" from CONSENT AGENDA, as Councilmember Gamer was not in attendance. VOTING FOR: Ristow, Cordes, Fitch, Strachan. ABSTAIN: Gamer. MOTION CARRIED. 5. ANNOUNCEMENTS - None. Council Minutes (Regular) June 1, 1998 Page 2 6. CITIZEN COMMENTS a) Jack Benedict - Park Dedication and Plat Extension Request Community Development Director Olson presented Mr. Benedict's request for another 60-day plat recording extension for Cameron Woods. MOTION by Gamer, second by Cordes to approve an extension for the recording of the final plat for Cameron Woods until July 31, 1998, with the caveat that this is the last extension that the City will consider granting. APIF, MOTION CARRIED. 7. CONSENT AGENDA MOTION by Strachan, second by Fitch to approve the Consent Agenda as follows: a) Approved Council Minutes 5/18/98 (Regular) & 5/14/98 (Special) b) Approved Beer License Application - Tom Thumb Corp. - Elm Street c) Approved Mountain Dew Days Permits d) Approved Frontier Site Purchase Agreement e) Adopted RESOLUTION R54-98 Accepting Donations - VFW Club and Eagles Club 1) Approved Change Order - Municipal Pool Project g) Approved Capital Outlay - Fire Department h) Approved Bills VOTING FOR: Ristow, Cordes, Fitch, Strachan. ABSTAIN: Gamer. MOTION CARRIED. 8. PUBLIC HEARINGS a) Conditional Use Permit - Charleswood Grading Approval City Associate Planner, Michael Schultz, presented Genstar Land Company's request for a conditional use permit for grading on the proposed first phase of the Charleswood Development. Mayor Ristow formally opened the Public Hearing at 7:10 p.m. Steve Juetten, Genstar Land Company, 11000 West 78th Street, Suit 201, Eden Prairie, Minnesota 55344, was present in the audience and indicated that he concurs with staffs June 1, 1998 Council memo and attachments. Council Minutes (Regular) June 1, 1998 Page 3 MOTION by Gamer, second by Strachan to close the Public Hearing at 7:15 p.m. APIF, MOTION CARRIED. MOTION by Gamer, second by Cordes to approve the Genstar grading conditional use permit subject to City Engineer approval and submittal of surety amount. b) Conditional Use Permit Appeal- South Suburban Medical Center Community Development Director Olson summarized the matter of South Suburban Medical Center's (SSMC) Appeal to Council requesting that the proposed public sidewalk be moved from the north side of Elm Street to the south side of the Elm Street. Attorney Jamnik stressed the importance of documenting the specific reasons for either affirming or overturning the decision of the Board of Adjustment (Planning Commission). Police Chief Siebenaler stated that, in his opinion, the sidewalk should not be installed on the south side of Elm Street for safety reasons. He emphasized the danger of placing a crosswalk mid-block on a road, especially when there will be emergency vehicles traveling at high speeds to and from the hospital. Councilmember Fitch questioned how this project came so far in the approval process and yet now the issue of overturning the approved plans has come up. He was further concerned about Council setting a precedent if they overturned this decision. Mark Nicolai, 213 8th Street, claimed the City did not contact him regarding the ~ Street extension and sidewalk. City Engineer Mann explained that the former SSMC CEO specifically requested City staff to allow SSMC staff to handle all communications with affected property owners. Mr. Erar also indicated that this was a privately petitioned project, and therefore, the standard method of notifying property owners was not required. SSMC Director Dan Nicolai spoke on behalf of SSMC. He reiterated that the hospital is bearing all costs associated with the sidewalk project. Mr. Nicolai also stated that he has monitored the foot traffic on the north side of Elm Street and concluded that there was little or no foot traffic on the north side of the street. Council Minutes (Regular) June 1, 1998 Page 4 MOTION by Gamer, second by Strachan to close the Public Hearing at 8:42 p.m. APIF, MOTION CARRIED. Following is the position each Councilmember took on this matter: Mayor Ristow stated that it made more sense to locate the sidewalk on the south side of the street. Councilmember Gamer stated that it was more logical for the sidewalk to be installed on the south side of the street since more people cross the street on the south side. Councilmember Strachan stated that he feels the hospital is an important part of the community, and since they're paying all costs associated with the sidewalk, the sidewalk should be relocated to the south side of the street. Councilmember Cordes changed her opinion from the last Council meeting and now supports the relocation of the sidewalk to the south side of the street, indicating that a sidewalk should also be installed on the north side of the street once further development occurs. Councilmember Fitch stated that, in his opinion, the sidewalk could be placed on either side of the street. It was acknowledged by all parties that the contractor for the street project would not be able to complete the street and sidewalk work until the existing home (currently owned by a private third-party) located on the south side of Elm Street is removed, no later than July 1, 1998. Attorney Jamnik confirmed that the terms and conditions of the Development Contract would not be altered, with the exception of the location of the sidewalk. MOTION by Gamer, second by Strachan to overturn the decision of the Board of Adjustment (Planning Commission) with a 4/5 vote to install the sidewalk on the south side of Elm Street, specifically: The sidewalk will connect to the existing sidewalk on the west side of 9th Street at Oak Street and run north and westerly along the west and south side of Elm Street to the frontage road at T.H. 3. At the frontage road, a pedestrian ramp will be installed. Across the frontage road at the "island area" a pedestrian ramp will be installed and the sidewalk will be continued through the "island area" to T .H. 3 where a pedestrian ramp will be installed to facilitate the crossing of T .H. 3. APIF, MOTION CARRIED. Council Minutes (Regular) June 1, 1998 Page 5 9. AWARD OF CONTRACT a) Award Middle Creek Sewer Construction Contract (Supplemental) Council concurred with staffs recommendation to postpone the award of bids until such time as easement agreements between the City and the property owners in question are finalized. 10. PETITIONS, REQUESTS AND COMMUNICATIONS -None 11. UNFINISHED BUSINESS a) Adopt Resolution - Plans and Specifications - Second Street Parking Lot Director of Public Works/City Engineer Mann indicated that the plans and specifications for the Second Street Parking Lot have been prepared. If approved, construction could begin as soon as mid-July with completion in the fall of 1998. MOTION by Cordes, second by Gamer to adopt RESOLUTION R55-98 Approving Plans and Specifications and Authorizing Advertisement for Bids for Project 98-01, 2nd Street Parking Lot. APIF, MOTION CARRIED. 12. NEW BUSINESS a) Bond Sale - 1998 G.O. Sanitary Sewer Revenue Bonds (Supplemental) Finance Director Roland summarized the cash flow analysis impacting the sale of the $2,670,000 General Obligation Sanitary Sewer Revenue Bonds. The sale of the bonds is necessary to construct the Middle Creek Sanitary Sewer project. Mr. Tom Truszinski of Juran & Moody was present at the meeting and spoke briefly regarding the sale. Of the three bids received in the offices of Juran & Moody, Piper Jaffray was the low bidder at a net interest rate of 4.705%, representing the total interest cost of $1,137,447. MOTION by Fitch, second by Gamer to adopt RESOLUTION R56-98 Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $2,670,000 General Obligation Sanitary Sewer Revenue Bonds of 1998, to Piper Jaffray at a net interest rate of 4.705%. APIF, MOTION CARRIED. Council Minutes (Regular) June 1, 1998 Page 6 b) 1997 Annual Financial Report - Presentation Finance Director Roland presented the 1997 Annual Financial Report to Council for information only. Dave Hinnekamp of Kern, DeWenter, Viere, Ltd. was present at the meeting and participated in the presentation. It was noted that in 1997, actual General Fund revenues exceeded budgeted revenues by $17,484, and actual expenditures were $43,403 less than budgeted. c) Ice Arena Enterprise Fund Analysis Finance Director Roland summarized the Ice Arena financial review prepared in coordination with Parks and Recreation Director Bell. The ongoing revenue problems surrounding the Ice Arena were discussed in length. It was determined that the major cause of revenue problems was due to the competition with ice arenas in the surrounding communities. Staff has thoroughly reviewed and considered the 1997 revenue problems and will take aggressive steps towards improving Arena operations and increasing revenue in 1998. d) Amend Dangerous Dog Ordinance Police Chief Siebenaler explained that during the 1998 Legislative Session, Dakota County was removed from the requirement to register dangerous dogs and that the responsibility was passed on to local municipalities. The City Attorney drafted an amendment to Farmington City Code to comply with the new State Statute. MOTION by Gamer, second by Cordes to adopt ORDINANCE 098- 414 Amending Title 6, Chapter 2 of the Farmington City Code Concerning the Registration of Dangerous Dogs. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE a) Castle Rock Township Development Review Community Development Director Olson summarized the proposal by Castle Rock Township (hereinafter the "Township") for 12 acres of commercial and light industrial development in Section 5 adjacent to the Fountain Valley Golf Course. Staffs concerns were primarily dealing with the extent of the proposed commercial and industrial development and the fact that a portion of this proposed development is located in the proposed Phase 3 of the Prairie Waterway. Council Minutes (Regular) June 1, 1998 Page 7 Gordon Wichterman, a Castle Rock Town Board Supervisor, was present in the audience. He stated that the Township would need to follow the Vermilion River Watershed Plan and would not go forward unless all conditions were met. The Township assumed the City was in approval with the development since the City did not attend the Public Hearing. The City did receive notice of the May 11 th Hearing, but did not receive a copy of the proposed development plan until May 18th. Mayor Ristow noted that the Township had previously indicated that they did not have plans to develop this area. City Administrator Erar indicated that the City did not receive a request from the Township for input on the project nor an opportunity to comment. Mr. Wichterman claimed the Township requested a fee structure but that one had never been received. He later stated that the Township would work toward a fee structure before any development would take place. Director of Public Works/City Engineer Mann indicated that he personally met with Mr. Angus as well as had numerous telephone conversations regarding the City's Surface Water management Plan and corresponding fees. Ron Roetzel, Engineer for Empire Township, was present in the audience. Mr. Roetzel indicated that Empire Township was not aware of Castle Rock's plans for development until City Engineer Mann informed them. Mr. Roetzel hopes Castle Rock will consider incorporating storm water ponding into the Plan. Councilmember Fitch: Commended efforts of rescue workers during the 5/30/98 storm. City Administrator Erar: Attended Met Council/Community Development Meeting with Community Development Director Olson. The Met Council, as a Regional Planning Agency, declined to move toward a more regional approach on the issues of urbanization. They felt it was more appropriate for them to deal with those situations on a situation-by-situation basis. Council Minutes (Regular) June 1, 1998 Page 8 Community Development Director Olson: City Engineer Lee Mann: 14. ADJOURN Regarding the Eagles Club plat project, a lot of the landscaping is done and some of the sidewalk has been installed to make the connections to the Quik Trip, etc. Regarding the Eagles Club parking lot, the railroad is going through the abandonment process for the Spur Line. The Eagles Club is awaiting the outcome of the process before they build their parking lot. Commended efforts of the City of Farmington Public Works crew for keeping the lift stations working during the 5/30/98 storm. MOTION by Fitch, second by Gamer to adjourn at 10:00 p.m. APIF, MOTION CARRIED. Respectfully submitted, 2f~g.~ Lori J. Folie Executive Assistant