Loading...
HomeMy WebLinkAbout09.08.98 Council Minutes COUNCIL MINUTES REGULAR September 8,1998 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 Cordes to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS Paul Speiker was recognized for 25 years of dedicated service with the City of Farmington in the Solid Waste Division of the Parks and Recreation Department. 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Fitch, second by Gamer to approve the Consent Agenda as follows: a) Approved Council Minutes 8/17/98 (Regular) and 8/19/98 (Special) b) Adopted RESOLUTION R82-98 accepting Police Department donation c) Adopted RESOLUTION R83-98 approving application for landfill abatement funds d) Adopted RESOLUTION R84-98 accepting private development project closeout e) Adopted RESOLUTION R85-98 accepting Troy Hills Development Contract Addendum t) Approved contract - water meter reading services g) Approved school and conference request - Community Development h) Accepted revision to Ice Rental Contract i) Approved bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT Council Minutes (Regular) September 8, 1998 Page 2 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Acknowledge Development Approval Process - Revision The Planning Division has revised the Development Approval Process Policy in order to provide a more streamlined process for reviewing development plans and has created a detailed step-by-step approach to track the development through the process. The following revisions were made to the Revised Development Approval Process Policy: 1) The process is divided into two options. Option 1 is when the preliminary and final plat is filed separately. Option 2 is when the preliminary and final plat is filed simultaneously. City staff determines which option can be pursued. 2) For all submittals to the City, including schematic plan, preliminary plat, final plat or other required documents, City staff will inform the Developer by fax and mail if any items are missing from the submittal within 5 working days after the submission. 3) Any required information such as an Environmental Assessment Worksheet, Floodplain Study, MUSA approval or other information required by outside agencies should begin before or shortly after the schematic plan submittal and must be completed before the preliminary plat is scheduled for a public hearing at the Planning Commission. 4) When the preliminary and final plat is filed separately, the time frame for review by City staff for a schematic plan is three weeks. City staff has five weeks to review the preliminary plat and schedule a public hearing at the Planning Commission and staff has three to four weeks to review the final plat and schedule a meeting at the Planning Commission. 5) When a preliminary and final plat is filed simultaneously, the time frame for review by City staff for a schematic plan is three weeks. City staffhas five weeks to review the preliminary and final plat and schedule a public hearing at the Planning Commission and staff has four weeks to review the preliminary and final plat and schedule a meeting at the City Council. 6) Engineering construction plans need to be substantially complete as determined by the City Engineer before the City Council reviews preliminary and final plat. 7) The Developer has 75 days after final plat approval to record the plat. 8) The Developer may begin grading of the site once the Development Contract is executed. No building permits will be issued for construction of any structure on any lot on any plat until the City has received evidence of the plat being recorded by Dakota County. The purpose of these revisions is to develop a good working relationship between the City and the Developer so both parties have the necessary information when needed. This process has been reviewed by the BA TC. b) Proposed Orderly Annexation Agreement Empire Township - Set Workshop Date The Farmington/Empire Joint Planning Board has recommended that a draft orderly annexation agreement be explored to address joint planning and annexation issues. Dean Johnson, the Planning Consultant for Empire has prepared a draft agreement to identify areas that are appropriate. This includes the area east ofTH 3, south of County Road 66 and north of TH 50 up to one mile east of the current City limits. In Council Minutes (Regular) September 8, 1998 Page 3 exchange for this area being identified as an orderly annexation area, the remainder of the Township would be designated as Commercial Agriculture with the exceptions noted in paragraph 6 of the agreement for a period of 10 years. Discussions have also included the expansion of the area identified as the Rural Center by the Township. This expansion could include an additional 160-300 homes. This is an attempt by the Township to bring the agreement up for review by the City Council. The Township is waiting for the outcome to proceed with their comprehensive plan process. MOTION by Fitch, second by Cordes to set a Council Workshop date for September 16, 1998 at 7:00 p.m. APIF, MOTION CARRIED. c) Public Towing Contract - Set Workshop Date In January 1998, the City Council awarded the municipal towing contract. At that time the Council requested that a workshop be set up later in the year for the purpose of discussing the issues surrounding that contract. The issues involved in the discussion would include the following: 1) Location of contractor and impound lot. 2) Duration of contract. 3) Language changes. MOTION by Gamer, second by Fitch to set a Council Workshop date for September 23, 1998 at 7:00 p.m. APIF, MOTION CARRIED. d) Citizen Petition Oak Street Parking Request The City received a petition from the commercial residents along the south side of the 200 block of Oak Street in downtown Farmington. The petition requests that 15- minute parking restrictions be imposed from 8:00 a.m. to 7:00 p.m. along the south side of the 200 block of Oak Street. Business owners would like this time limit to satisfy the needs of their customers. It is anticipated that 4-5 signs would be installed for a total estimated cost of approximately $175.00. Funding for these signs is available in the 1998 budget. MOTION by Gamer, second by Strachan authorizing the parking restrictions as requested and order the placement of signs describing those restrictions. APIF, MOTION CARRIED. e) Dakota County of the Future - Conference Summary A report was given to Council which is the culmination of a long-term effort to identify issues affecting the future vision of Dakota County from a variety of socio- political and economic perspectives. One significant finding indicates that the growth of the labor force in the County will actually be higher than the actual population growth. The implications of this finding suggest the need for regional transportation access, affordable housing opportunities, and continuing emphasis on work force training and educational opportunities. t) Castle Rock Comprehensive Plan Amendment - Agency Clarifications An article in the August 20, 1998 Farmington Independent inaccurately stated the City's actions regarding the proposed Comprehensive Plan Amendment for the Council Minutes (Regular) September 8, 1998 Page-4 proposed CommerciallIndustrial area in Castle Rock Township. The article indicated that the City requested the Met Council extend the review period for the proposed Comprehensive Plan Amendment to October 9, 1998. The fact is the City Council authorized comments to be submitted to the Met Council on July 6, 1998 which stated the City's concerns with the proposed amendment. No request was made by the city relative to extending the review period. Other issues identified in the article relative to comments made by Township representatives regarding reasons for the delay and approvals by outside agencies are also questionable. The City has been informed by the Met Council that a number of issues are still under review. The Met Council extended the period by which they are required to make a decision to allow additional time for several issues to be further clarified. This clarification was published in the August 27, 1998 Farmington Independent. g) Accept Community Profile and Comprehensive Visioning Statement Steve Schwanke ofRLK-Kuusisto, Ltd. gave a presentation on the Community Profile and Comprehensive Visioning Element. He discussed the visioning process. The seven vision points are as follows: 1) Downtown, 2) Connection, 3) Value Received for Taxes, 4) CommerciallIndustrial Base, 5) Quality/Controlled Growth, 6) Public/Semi-Public Uses, 7) Environmental, 8) Planning for a Greater Community. The presentation concluded with a determination of "Where do we go from here." The City Council along with the Planning Commission will play an important role through the Comprehensive Planning process by providing review and recommendations of each of the Comprehensive Plan elements within the next few months. MOTION by Gamer, second by Cordes to accept the Community Profile and Community Visioning Elements for the Comprehensive Plan. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Hickory Street Storm Water Drainage Project - Feasibility Report Council had authorized staff to review the feasibility of installing a storm water lift station on Hickory Street. Council was given drawings and cost estimates for a storm sewer lift station that would pump water from Hickory Street to the median in Truck Highway 3. From a construction standpoint, the lift station is feasible. Based on the City's special assessment policy, the cost and implications of the lift station and related improvements, it is staffs opinion that the project is not financially feasible from an economic standpoint. The project as proposed was tabled by Council due to cost and other undesirable project elements. Council requested that the entire project, referred to as the Henderson Storm Sewer Project, be revisited in the 1999-2003 CIP. b) Adopt Ordinance - Amending Gambling Regulations At the August 3, 1998 Council Meeting, the City Council requested that the City . Code be updated to reflect current state law concerning lawful gambling. Pursuant to Council Minutes (Regular) September 8, 1998 Page 5 the City Council's request, a draft of a proposed ordinance revising the City Code concerning lawful gambling was submitted for review by the Council. Staff proposes to delete the following Code provisions that are more restrictive than state law: 1) Requiring a separate surety bond to the City as well as to the state. 2) Prohibiting the payment of compensation to gambling employees. 3) Requiring duplicate records and reports. 4) Limiting the maximum daily total prizes to $1,000, individual pull- tab winners to $150, and annual prize limits to $35,000. Staff is proposing the following two new or additional requirements on gambling organizations operating within the City: 1) Require payment of a nominal investigation fee for premises permits. State law authorizes a maximum fee of $100, but the Police Chief has indicated that the Department should be able to conduct the investigation for $50. This new fee will not affect organizations currently operating within the City unless they propose to move their activities to a new location. 2) State law authorizes local governments to adopt limited restrictions on where the proceeds of charitable gambling are spent. It was suggested that a 50% trade area spending requirement be adopted. This requirement could potentially affect organizations currently operating within the City. Staff suggested that a meeting be scheduled with gambling organizations and that the Council delay final adoption of the ordinance until the September 21, 1998 or October 5, 1998 Council Meeting. c) Middle Creek Sanitary Sewer Line Extension - Fairhills At the July 6, 1998 City Council meeting, Council authorized staff to request a quotation from the contractor for the above referenced project to extend the sewer in order to eliminate the Fairhills lift station. The cost submitted by the contractor is within the project budget. MOTION by Cordes, second by Gamer authorizing the change order for the sewer extension to the Middle Creek Trunk Sanitary Sewer project. APIF, MOTION CARRIED. d) Citizen Petition Prairie Creek 3rd Addition - Set Workshop Date At the July 20, 1998 City Council meeting, several citizens that reside in the 3rd Addition of Prairie Creek brought a petition forth requesting that the City perform a feasibility study in order to identify solutions to drainage problems they are experiencing. Staffhas analyzed the existing storm sewer system in the Prairie Creek 3r and 4th Additions and has identified options to improve the storm water drainage in the subject area. The cost implications are still being reviewed and staff recommends that the issues be presented at a Council workshop for discussion. MOTION by Fitch, second by Cordes to schedule a Council Workshop for September 16,1998 at 7:00 p.m. APIF, MOTION CARRIED. e) Heritage Development Issues - Builders Association Response At the August 17, 1998 Council Meeting, Council discussed a letter written by Mr. Thomas Bisch of Heritage Development. It was Council's desire that the Builders Council Minutes (Regular) September 8, 1998 Page 6 Association of the Twin Cities be contacted in writing regarding their response to what was identified as an inappropriate communication by Heritage Development. Mayor Ristow, on behalf of the Council, transmitted a letter to BA TC on August 18, 1998 articulating Council's concerns. Both the Mayor and the City Engineer have been contacted by Mr. John Dobbs, Heritage Development, and apologies regarding Mr. Bisch's letter have been received. t) Ash Street Project Committee - Meeting Issues Consensus of Council was not to allow the Township their own sanitary sewer system. Residents have prepared a letter to the MN Pollution Control Agency. A copy has been given to the City, but the residents will hold the letter until the end of September. Various meeting issues were discussed. If negotiations are not going to reach an outcome, the same question remains - What is the City going to do? Residents will have to discontinue use of septic systems and put in holding tanks. All properties will have to upgrade. The cost of eliminating the lift station will be incorporated into the feasibility study. It was requested that a written report be provided by the Township within the next 2-4 weeks detailing whether all township properties could be upgraded, and include the cost of respective property system upgrades. It was discussed that this option would have to include all properties with failing systems in lieu of bringing in City sewer and, according to the County Ordinance, must be performed by an independent inspector/septic system installer. If the Fairgrounds lateral line lift station were eliminated, these costs would be proposed to be assessed against Fairground property. The elimination of that particular lift station would directly benefit the Fairground property as the lift station currently pumps sewer effluent from the Fairgrounds into the 2nd Street sewer line. Mr. Eugene Thurmes, 520 Ash Street, stated this project has been going on for years and that Council needs to take control. The next Ash Street Project Committee meeting is scheduled for September 8, 1998 at 7:00 p.m. 12. NEW BUSINESS a) Adopt Resolution - Preliminary 1999 Tax Levy/Set Date - Truth in Taxation State statutes require a preliminary tax levy to be certified to the County by September 15, 1998. This preliminary levy is used by the county to develop the proposed property tax statements issued to taxpayers in conjunction with the Truth in Taxation process. Once the proposed tax levy is adopted, the City Council may lower the levy, but cannot increase it. Dates must also be selected for the truth in Taxation hearings and included in the Preliminary Tax Levy resolution. The City Council was presented a copy of the Proposed 1999 Budget on August 3, 1998. The Tax Levy proposed as part of the budget is $1,741,465. The proposed Tax Capacity Rate remains at 32.50%. This represents the second annual reduction in the City's tax rate. MOTION by Gamer, second by Fitch to adopt RESOLUTION R86-98 certifying the 1999 Preliminary Tax Levy of$I,741,465 to Dakota County and establishing Council Minutes (Regular) September 8, 1998 Page 7 December 1, 1998 at 7:00 p.m. as the City of Farmington's Truth in Taxation hearing for Tax Levy collectible in 1999. APIF, MOTION CARRIED. b) Adopt Resolution - Agreement with Dakota County - Electronic Voting System Dakota County has agreed to initially fund a new electronic voting system for use in the year 2000. Ownership will be retained by Dakota County and the cities will store and use the equipment. The City will give the existing voting equipment, which is obsolete due to the unavailability of parts, to the County as a trade-in for credit on the new system. The City will retain ownership of voting booths and other related equipment and supplies. Each City will pay to Dakota County, 25% of the costs, 75% paid by Dakota County, in three equal annual installments beginning July 1,2000 estimated at $3,195 per year for six machines. Farmington currently has three precincts, but is predicting five precincts by 2000. MOTION by Gamer, second by Cordes to adopt RESOLUTION R87-98 approving the agreement with Dakota County to arrange for the purchase, use and maintenance of an electronic voting system. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE a) Animal Control - Hours of Operation Staff responded to an inquiry from Council regarding the hours of operation for the Contracted Animal Control service. The City of Farmington contracts animal control services with 4-Paws Animal Control. The contract calls for response to requests for service through the Farmington Police Department 24 hours a day, 7 days a week. Councilmember Strachan: Appointed to Public Safety Facilities Task Force. Councilmember Gamer: ALF Ambulance Board will be going to St. Paul to see their 911 system. Councilmember Fitch: Progress is going well on Pilot Knob Road. Hopefully everyone's inconvenience and impatience will be rewarded. City Administrator Erar: The 1998 Joint Metro Meeting will be held September 24, 1998 from 2:30 p.m. - 9:00 p.m. City Administrator Erar and Councilmember Gamer will attend. Police Chief Siebenaler: Mike McGwire just hit his 62nd home run. Mayor Ristow: The Mayor, City Administrator Erar, and City Engineer Mann took a train ride to Northfield for Operation Life Saver. Residents in other areas are also disturbed by loud train whistles at night. Police Officers also participated. They rode in the cab and discussed issues with the engineers. The Council Minutes (Regular) September 8, 1998 Page 8 engineers stated Farmington is the best city for train crossings. The Mayor has heard from City residents who believe Council should stick with the policy of assessments for sewer and water as it relates to the Township. Some residents have also inquired regarding cable TV. City Administrator Erar stated staff is working with Apple Valley and Rosemount on the issue. Meetings are ongoing and the city is waiting for a response from Marcus Cable on pending issues. Staff is looking at resolving the issue this year. The Mayor also stated the 2nd Street parking lot looks great. He then inquired as to the Eagles Club parking lot. Staff informed him a meeting will be held on September 11, 1998 to discuss the railroad spur line. Staff is looking at the end of October 1998 for completion. 14. ADJOURN MOTION by Fitch, second by Gamer to adjourn at 9:45 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~?rJ~ Cynthia Muller Executive Assistant