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HomeMy WebLinkAbout08.03.98 Council Minutes COUNCIL MINUTES REGULAR August 3, 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 (arrived at 7:50 p.m.) None City Administrator Erar, Attorney Joel Jamnik, City Management Team. Dan Siebenaler and Lee Mann were absent. 4. APPROVE AGENDA MOTION by Gamer, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS Proclamation declaring the importance of arts in the community presented by the Mayor to the Farmington Area Arts Network. 6. CITIZEN COMMENTS Concerns brought up at the July 20, 1998 Council meeting by Cheryl Retterath, 19232 Evenston Drive, regarding erosion control were noted and have been addressed by Staff. Outcome of the meeting with Farmington Area Arts Network members was noted. 7. CONSENT AGENDA MOTION by Cordes, second by Gamer to approve the Consent Agenda as follows: a) Approved Council Minutes 7/20/98 (Regular) b) Adopted RESOLUTION R68-98 accepting an easement for Northern Natural Gas. c) Adopted RESOLUTION R69-98 awarding contract to Dick'sILakeville Sanitation for residential and commercial recycling. d) Approved appointment of Gary Deutschle as a full-time Police Officer effective August 10, 1998. e) Approved Capital Outlay for Fire Department for airbags, ropes, and miscellaneous rescue and repelling equipment. t) Approved amendment to the Fire Relief Association by-laws increasing the annual pension benefit to $2,000 effective January 1, 1999. g) Approved bills. APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT Council Minutes (Regular) August 3, 1998 Page 2 10. PETITIONS, REQUESTSAND COMMUNICATIONS a) Adopt Resolution - St. Michael's Church Comprehensive Plan Amendment Mr. Robert Adelmann, 22553 Denmark Avenue, is requesting a Comprehensive Plan Amendment from the existing Industrial land use designation to Low Density Residential for 20 acres at the southeast intersection of Denmark A venue and Ash Street. St. Michael's Catholic Church is proposing a 44,000+ square foot church facility on a 9-acre campus with future expansion of the campus of up to 20 acres. The Planning Commission reviewed and approved the Comprehensive Plan Amendment from Industrial to Low Density Residential for the 20 acres at a public hearing on July 14, 1998. MOTION by Gamer, second by Fitch to adopt RESOLUTION R70-98 approving the Comprehensive Plan Amendment from Industrial to Low Density Residential for 20 acres at the southeast intersection of Denmark A venue and Ash Street, subject to the Metropolitan Council's approval of the Comprehensive Plan Amendment application. APIF, MOTION CARRIED. b) Adopt Ordinance - St. Michael's Church Rezoning An application has been submitted by Mr. Robert Adelmann, 22553 Denmark Avenue, to rezone 20 acres of his property from the existing 1-1 (Light Industry) zoning designation to the requested R-l (Low Density Residential) at the southeast intersection of Denmark A venue and Ash Street. The proposed R-l (Low Density Residential) designation is being requested to provide for the location of the new St. Michael's Church facility, which was approved as a Conditional Use on July 14, 1998 by the Planning Commission. St. Michael's Catholic Church is proposing a 44,000+ square foot church facility on a 9-acre campus with future expansion of the campus of up to 20 acres. MOTION by Gamer, second by Cordes to adopt ORDINANCE 098-415 approving the rezoning of the Robert Adelmann/St. Michael's Catholic Church property from 1-1 (Light Industry) to R-l (Low Density). APIF, MOTION CARRIED. c) Adopt Resolution - Robert Adelman Comprehensive Plan Amendment An application has been submitted by Mr. Robert Adelmann, 22553 Denmark Avenue, to amend the Comprehensive Plan from Industrial to High Density Residential for 45 acres located at the southeast intersection of Denmark A venue/CSAH 31 and Ash Street. The Planning Commission reviewed, but recommended denial of the Comprehensive Plan Amendment at a public hearing on July 14, 1998. Reasons for denial are: 1) almost all of the 45 acres is currently located outside of the current MUSA boundary; 2) the city is currently undergoing a Comprehensive Plan update and this possibility could be further examined during that process; 3) this property still maintains the potential for an Industrial land use due to its proximity to an active rail line. Mr. Mike McCain, Attorney for Mr. Adelmann, found it best to withdraw the request stating the amendment could be reviewed during the overall plan update. A fonnalletter stating withdrawal will be sent to the City. d) Adopt Ordinance - Robert Adelmann Rezoning Mr. Mike McCain, Attorney for Mr. Adelmann, withdrew the request. e) Adopt Resolution - Glenview Townhomes Final Plat The Mayor stepped down from his seat at the table. The Glenview Townhomes & Commercial Final Plat was brought forward to the City Council for approval. The property is located east of Trunk Highway 3, north of County Road 72, and south of the Wausau property. Mr. Tim Giles, Developer for Glenview Townhomes, is proposing an 89-unit townhome development on 11.89 acres. During Council Minutes (Regular) August 3, 1998 Page 3 the construction of Glenview Townhomes, the Developer has proposed that no construction traffic access the Bristol Square development, therefore requiring that Glenview construction traffic be routed to the Trunk Highway 3 Frontage Road. The Developer will utilize the Trunk Highway 3 Frontage Road by constructing the interior street system in Glenview at one time rather than phasing the project from the east end of the site to the west as originally planned. There are three possible scenarios for funding the frontage road improvements: 1) require Mr. Giles to pay for the improvements to the frontage road because his development will generate the most traffic from the land uses along the roadway; 2) the City includes the project in the 1999 CIP and assesses Mr. Giles, Wausau Supply Company and other benefiting properties for the costs of the improvements; 3) the City includes the project in the 1999 CIP and MNDOT provides funding assistance through the cooperative agreements program. The earliest the project could be included in MNDOT's program is fiscal year 2000, which would allow construction after July 1, 1999. City staff recommends approval of the Glenview Townhomes and Commercial Final Plat contingent upon the following: 1) the resolution of the Trunk Highway 3 frontage road issue with MNDOT, Mr. Giles and Wausau Supply Company. The Developer must agree to waive any and all objections to the assessments for the construction of the frontage road as determined by the City Council, including the claim that the assessments exceed the benefit to all properties within the project; this would include the Wausau property; 2) that the frontage road be constructed in 1999; 3) that the City Engineer approves the resolution of engineering issues and compliance with any required revisions to the construction documents; 4) that Final Plat approval is contingent upon the preparation and execution of the Development Contract and approval of the construction plans. Eighteen names were inadvertently left off the abstract mailing list, notifying residents of the development project. Jill and Jackie Frankie, 3359 213th Street, expressed several concerns to Council regarding not being notified of the development, as the back of their property aligns with the proposed development. They requested a 2-week delay in the Final Plat approval so the residents could be better informed regarding the development. Mr. Tim Giles, T.C. Construction, felt costs should be borne by all parties on the frontage road improvement. Mr. Giles stated the project has been underway for a year and they would like to move forward. Residents of 213 th Street were at previous development meetings. Staff informed Council that resident issues could be addressed on the construction plan. Council stated a 2-week delay would not cause a delay in the project, as the Development Contract is still under review. MOTION by Fitch, second by Cordes to table Final Plat approval until the August 17, 1998 Council Meeting. Voting for: Cordes, Gamer, Fitch, Strachan, MOTION CARRIED. t) Proposed 1999 City Budget - Distribution Staff presented the 1999 Budget to Council. MOTION by Fitch, second by Gamer to accept the Proposed 1999 Budget and to schedule a Council workshop to review the budget on Wednesday, August 19, 1998 at 6:30 p.m. APIF, MOTION CARRIED. g) Dakota County Environmental Testing Report Presentation Ron Spong of the Dakota County Environmental Management Division of the Department of Physical Development presented the results of the County's Preliminary Investigation and Site Assessment of an area in Northeast Farmington. The process started three years ago with data from various sources. The sites were prioritized and grouped into clusters. More than one source of Council Minutes (Regular) August 3, 1998 Page 4 contamination was found, however there is no cause for concern to Farmington. Shallow wells 1/4- 1/3 mile south of the Vermillion River 25 - 60 feet deep, of sand and gravel formation appear to be impacted. Wells with bedrock formation were also found to be contaminated. The department is looking closely at Elm Park Dump. Two contaminants were found at the property at 201 Fourth Street, one containing a probable cancer causing substance. However, treatment methods can remove contaminants. Eleven sample probes were installed from 201 Fourth Street to the comer of Oak Street. Results will be available in 3-4 months. Arsenic and Manganese were also found in some wells. City of Farmington and Empire Township community wells are not affected. The Mayor inquired as to why Farmington was being looked at. Mr. Spong stated contaminants were coming from disposal sites in Farmington. Mr. Spong will keep the City informed of the process. 11. UNFINISHED BUSINESS (The order of agenda items was changed to accommodate the audience). b) Consideration of Non-exclusive Natural Gas Utility Franchise Ordinance Mr. Arne Hendrickson, Program Manager, Local Government and Economic Development of Minnegasco, contacted the City to inquire if the City would consider a second gas franchise ordinance for Minnegasco to service the new Genstar development, Charleswood. In the course of discussions with Minnegasco, staff contacted Peoples Natural Gas to advise them of Minnegasco's request and the City's review of the potential issues involved with two natural gas providers in the municipality. Staffhas had meetings with both Minnegasco and Peoples to discuss issues of mutual concern to all parties. There are three principal issues involved with allowing a second natural gas franchise in the City: public safety, competition, and excess capacity. The public safety issue revolves around the dual piping of gas service into the community. Competition and the potential for lower natural gas prices for the consumer was explained by the Finance Director. Residents would not be able to choose between the two gas companies as the developer would determine the natural gas vendor for that development. Mr. Arne Hendrickson stated Minnegasco would not do dual piping. They are looking at new developments only and would like Council to consider the franchise. Mr. Dave Perron, Peoples Natural Gas, stated they have served Farmington since 1930 and would like Council to leave the situation as is. Councilmember Strachan stated Peoples employees are local residents and response time is a factor. MOTION by Gamer, second by Fitch to deny a second nonexclusive natural gas franchise to Minnegasco. APIF, MOTION CARRIED. a) Draft Train Whistle Ordinance The draft ordinance is modeled after the ordinance recently adopted by the City of St. Paul. The only difference between the draft and the St. Paul ordinance is that the draft would only limit rail company practices between the hours of 11 :00 p.m. and 7:00 a.m. MOTION by Gamer, second by Cordes to amend and adopt ORDINANCE 098-416 as deemed appropriate by the City Council. MOTION by Fitch, second by Gamer to amend and adopt RESOLUTION R71-98 as deemed appropriate by the City Council. APIF, MOTION CARRIED. c) Set Joint CouncillPlanning Commission Workshop Date It has been determined that scheduling a joint City Council/Planning Commission workshop would be beneficial for both bodies to discuss development issues of mutual concern. Proposed meeting Council Minutes (Regular) August 3, 1998 Page 5 dates are September 2, 1998 or September 9, 1998. Staffwill contact the Planning Commission and advise Council at the August 17, 1998 Council Meeting. d) Ash StreetJPrairie Waterway III Project Committee - Update Castle Rock Township believes that if the sewer line is run east ofHwy 3, that they should be able to pay for that portion through a joint powers agreement, and that township properties be allowed to hook up without being annexed to the city. The Township is saying because the City allowed the Fair Board to hook up that there is precedence and the City should now allow a developing township the same courtesy of hook up. The City sees these as two very separate issues, primarily because of residential and commercial development issues. Councilmember Fitch stated this is not an item for negotiation. The policy of annexing townships to hook up to sewer lines has been good enough in the past, and should be good enough for future citizens. Council agreed to stay with the policy. A Project Committee meeting will be held August 26, 1998 to discuss the issue further. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE a) Storm Water Drainage Issue East Farmington Council received update memo from Staff. b) Hickory Street Update Council directed staff to devise a plan to drain storm water out to the Highway 3 median. MNDOT has given initial approval for drainage access. c) Sunnyside Lift Station - Pumping Operations Staff informed Council that at no time has sewage been pumped into Ash Street storm water ditches. The Sunnyside lift station has been pumped several times due to maintenance operations and power outages. The sewage has been pumped to the sanitary sewer manhole in the alley between 6ili and 7th Street north of Ash Street. John Richardson, 35 Elm Street - Residents want the house at 300 First Street torn down or residents will not pay their taxes. Staff will prepare a response for the August 17, 1998 Council Meeting. Councilmember Fitch: Commented that storm water ponding areas appeared to be working well. Thanked staff for getting fans for the Council Chambers. Detours for CSAH 31 are confusing. Asked whether County could put up detour signs. Karen Finstuen replied that signs were not put up as they would encourage traffic to go through the area rather than detour around the area. Attorney Jamnik: City was approached for a gambling permit from an out of town charitable gaming organization. According to existing city ordinance, they could not operate in the city due to certain city requirements. Council directed the City Attorney to draft an ordinance amending gambling requirements. Council Minutes (Regular) August 3, 1998 Page 6 Community Development Director Olson: Thanked everyone for participating in Visioning Sessions. 14. ADJOURN MOTION by Gamer, second by Fitch to adjourn at 10:28 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~~ /??~/~ Cynthia Muller Executive Assistant