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HomeMy WebLinkAbout10.19.98 Council Minutes COUNCIL MINUTES REGULAR October 19, 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 Jarrmik, City Management Team 4. APPRO VE A GENDA MOTION by Gamer, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS The Mayor proclaimed October 18-24, 1998 as Dakota County Water Resources Awareness week. 6. CITIZEN COMMENTS Kerry Rustan, 5474 193rd Street W, stated a construction vehicle ran into his mailbox. He has noted excessive speed by construction trucks on the County Road 31 project. As there is a daycare in the area, he wanted to bring the matter to Council's attention. Staff will research situation and write a response to Mr. Rustan. 7. CONSENT AGENDA MOTION by Fitch, second by Gamer to approve the Consent Agenda as follows: a) Approved Council Minutes 9/21/98 (Revised) and 10/5/98 (Regular) b) Adopted RESOLUTION RI03-98 revising grading fee surety c) Adopted RESOLUTION RI04-98 setting bond sale CSAH 31 d) Adopted RESOLUTION RI05-98 approving gambling premises permit e) Approved appointment recommendation - Community Development Department t) Approved schools and conference request - Fire Department g) Approved schools and conference request - Parks and Recreation Department h) Acknowledged receipt of 1993 FEMA reimbursement funds i) Approved bills APIF, MOTION CARRIED. Council Minutes (Regular) October 19, 1998 Page 2 8. PUBLIC HEARINGS a) 1998 Sealcoat Project Assessment Hearing The 1998 Sealcoat project has been completed. All affected property owners have been notified as to the date and time of this public hearing and that final assessments may be adopted. The total amount to be assessed to benefiting properties is $18,370, which is $55.00 per resident. MOTION by Gamer, second by Cordes to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Gamer, second by Strachan to adopt RESOLUTION RI06-98, approving the assessment roll for the 1998 Sealcoat project. APIF, MOTION CARRIED. b) Adopt Resolution - Vacation of Park Access Easement Mr. Todd Prom has filed a petition to vacate the south 15 feet of a 20 foot drainage/utility and park access easement on his property located at 18259 Euclid Street. It was discovered by City staff that Mr. Prom had inadvertently constructed a deck approximately 14 feet within the 20 foot easement area. The Parks and Recreation Department is willing to vacate the south 15 feet of the easement, but would like to maintain the remaining five feet as a utility/trail easement for possible future trail access into the park. MOTION by Gamer, second by Cordes to close the Public Hearing. APIF, MOTION CARRIED. MOTION by Gamer, second by Cordes to adopt RESOLUTION RI07-98 vacating the south 15 feet of the north 20 foot easement of Lot 1, Block 4, Terra Second Addition, with the City maintaining a five foot drainage/utility and park access easement. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Adopt Resolution - St. Michael's Church Preliminary and Final Plat St. Michael's Catholic Church is proposing a 44,000+ square foot church facility. The preliminary and final plat shows six outlots on the site plan along with an 8.0- acre Church campus. Outlots A and B include an infiltration basin to fulfill the City's requirement for stormwater quality along the northern portion of the site. Development is not allowed in outlot areas. Stormwater ponds are encompassed by outlots and dedicated to the City. City staff considers outlots C, D, and E to be acceptable under the requirements for an outlot. Outlot F is considered a stormwater management pond and will be dedicated to the City as required by City policy. Staff requested approval of the preliminary and final plat for St. Michael's Church contingent on the following items: 1. Revisions to the plat and the amendments are contingent upon final plat approval. 2. The final plat approval is contingent on the preparation and execution of the Development Contract and approval of the construction plans for grading, stormwater and utilities by the Engineering Division. 3. Submit a Landscape Plan showing plant locations and types ofplantings. Council Minutes (Regular) October 19, 1998 Page 3 The Mayor asked if the infiltration basins are within the setback area. Planning Coordinator Smick replied no, the City has 55 feet from the property line inward. That is where we measure setback lines. The front yard setback is required because Ash Street is an arterial, so it has to be 50 feet. The Mayor asked if infiltration basins are different from actual holding ponds. City Engineer Mann explained they are different, as the infiltration basin provides for water quality which allows the water to soak into the ground. MOTION by Gamer, second by Strachan to adopt RESOLUTION R108-98, approving the preliminary and final plat for St. Michael's Catholic Church. APIF, MOTION CARRIED. b) Glenview Townhomes and Commercial Final Plat - Extension of Plat Approval Mr. Tim Giles, developer for Glenview Townhomes, is requesting an additional time extension in order to finalize issues with Dakota County. He is requesting an extension for recording the final plat to January 29, 1999. A time extension may be granted once by the City Council during the platting process. Councilmember Cordes asked if there was a time limit as to the length of the time extension. Staff responded there is not. MOTION by Cordes, second by Strachan to approve the time extension for recording the Glenview Townhomes and Commercial Final Plat until January 29, 1999. Voting for: Cordes, Fitch, Gamer, Strachan. Abstaining Ristow. MOTION CARRIED. c) Accept Petition Bike Jump Park A number of students have submitted a petition addressed to the City Council requesting a bike jump park. Councilmember Strachan stated issues regarding liability and regulations need to be addressed. The petition will be forwarded to the Parks and Recreation Commission for further review. MOTION by Strachan, second by Gamer to accept the petition requesting a bike jump park. APIF, MOTION CARRIED. d) Councilmember's Communication -1998 Election Council acknowledged receipt of a memo from Councilmember Fitch that he will complete his current term, but will not accept the seat if re-elected. e) AckDowledge Declaration of Annexation Intent It is the desire of the Seed Family and Astra Genstar Partnership to annex the 900+ acres they control in Empire Township. They propose to begin the process of annexing this property in increments of 60 acres. The City has received a MUSA expansion this year of 800 acres which is 8-10 years worth of MUSA. Therefore, the City is 4-5 years away from petitioning additional MUSA. The Seed Family would like to be in a position that their land is used for the next expansion. Council acknowledged receipt of the letter of intent from Genstar Land Company and Seed Family to annex their property into the City of Farmington. Council Minutes (Regular) October 19, 1998 Page 4 t) Receive Annexation Petition - Seed Trust Property The City has received an annexation petition from the Seed Family for 59 acres located in Empire Township adjacent to the City. It was suggested that Council have a joint meeting with the Planning Commission to review this request. The meeting was scheduled for November 18, 1998 at 7 p.m. MOTION by Gamer, second by Fitch to receive the annexation petition and schedule a Public Hearing for December 7, 1998. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE Councilmember Gamer: Asked Community Development Director Olson to address the 2nd Street Parking Lot issue. Staff responded. Mr. Olson, City Attorney Jamnik, and Police Chief Siebenaler had an earlier discussion on the use of the parking lot. According to City Attorney Jamnik, under state statute, the City is able to issue tickets for use other than public use, such as commercial use in the parking lot. There is a special statute for car dealers to maintain - cars on their property. Cars cannot be advertised for sale on public property. Police Chief Siebenaler stated they had reached an agreement with the business not to use the lot until after the Staff meeting on October 20, 1998. The Mayor stated any registered, licensed vehicle should be allowed to use the parking lot. City Attorney Jamnik stated the City is authorized to provide parking facilities. If the business does not comply, Staffwill bring a more comprehensive use plan to Council. Councilmember Fitch: Everything looks good on the North end. Stop lights are up on the County Road 31 project. Attorney Jamnik: He had a conversation with the City Attorney for Coon Rapids and St. Paul regarding train whistles. There are issues still pending and he will have an update at the next Council meeting. The Mayor stated he received a letter from Congressman Luther's office that he or a representative would be able to attend any meetings necessary. They are suggesting using a signalized horn at the crossing instead of the train whistle. Council Minutes (Regular) October 19, 1998 Page 5 City Administrator Erar: Regarding Cable TV franchise, progress is slowly being made on the final details. There are changes in the agreement that would be beneficial to the City. A final draft should be available by the end of November. A capital grant is included to be used for cameras and other equipment for broadcasting on TV. It is a possibility that the City will be able to broadcast the Council meeting by the 2nd meeting in January, or the 1 st meeting in February. Community Development Director Olson: Notices of the neighborhood meetings regarding the comprehensive plan have been sent to the Council. City Engineer Lee Mann: Middle Creek trunk sanitary sewer reached 195th Street. Everything is moving on schedule and the lift station will be disconnected late Fall. Mayor Ristow: Received a memo setting a special meeting on November 4, 1998 at 4 p.m. requesting the Council to sit as the Canvassing Board to accept the results of the 1998 Local Election. MOTION by Gamer, second by Cordes for the Council to sit as the Canvassing Board to accept the results of the 1998 Local Election. APIF, MOTION CARRIED. Regarding approval of 1998 Sealcoat Assessment Hearing, people have 30 days to pay the assessment, otherwise it will appear on their taxes and starts accumulating interest. 14. ADJOURN MOTION by, Fitch second by Gamer to adjourn at 8:15 p.m. APIF, MOTION CARRIED. Respectfully submitted, ~>>?~ Cynthia Muller Executive Assistant