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HomeMy WebLinkAbout12.07.98 Council Minutes COUNCIL MINUTES REGULAR December 7,1998 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 AGENDA MOTION by Gamer, second by Cordes to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) 1998 Distinguished Budget Presentation Award The City was notified by the Government Finance Officers Association (GFOA), that the 1998 City Budget submittal has been awarded the "highest form of recognition in governmental budgeting," the Distinguished Budget Award Presentation for fiscal year 1998. Mr. Edward Burrell, Chief Financial Officer for the City of Roseville, presented the award on behalf of the GFOA. 6. CITIZEN COMMENTS Mr. Marv Wier, 808 3rd Street, brought to Council's attention a change in the state snowmobile ordinance. Anyone born after January 1, 1980, cannot operate a snowmobile without taking a safety class. Staff will revise the local ordinance to agree with state law. 7. CONSENT AGENDA MOTION by Fitch, second by Gamer to approve the Consent Agenda as follows: a) Approved Council Minutes 11/16/98 (Regular) ,b) Approved Various Licenses and Permits c) Adopted RESOLUTION R123-98 approving Tree City USA Application d) Adopted RESOLUTION R124-98 approving private development project closeout e) Adopted RESOLUTION R125-98 approving Joint Powers Agreement - Fire Department f) Adopted RESOLUTION R126-98 approving grant application - Dakota County Environmental Program Council Minutes (Regular) December 7, 1998 Page 2 g) Adopted RESOLUTION R127-98 accepting equipment grant - Police Department h) Adopted RESOLUTION R128-98 approving health care facilities revenue bonds i) Approved capital outlay request - Administration j) Approved capital outlay request - Fire Department k) Authorized format for a Towing Agreement Request for Proposal 1) Approved Law Enforcement Training Contract m) Received 1998 - 2002 CIP Project Completion and Status Report n) Received CAP - Meals on Wheels Contract 0) Approved bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS a) Annexation Petition - Seed Family Trust Property Empire Township Resolution 1998-123, adopted by the Empire Town Board on December 3, 1998, requesting the City Council of the City of Farmington abandon the process of annexing the Seed property prematurely by ordinance and establish a cooperative process with the Town of Empire and the property owner for orderly annexation was received. The communities have already drafted such an agreement, which can be easily modified to address the Seed property. The Town Board will not require that the City endorse or remain silent on issues of Township urbanization as a condition of the orderly annexation agreement. Steve Juetten, Genstar Land Company, stated he would like to annex the property with little conflict. Continuing the Public Hearing to January 19, 1999 would not be a problem for him. MOTION by Gamer, second by Cordes to continue the hearing for the current annexation petition to January 19, 1999 and to pursue discussions on an orderly annexation agreement during this interim period. APIF, MOTION CARRIED. 9. AWARD OF CONTRACT a) Adopt Resolution - Sewer Lift Stations, Generators and Electrical Work Bids were received for three sewer lift station generators and electrical work. Electrical Installation & Maintenance has submitted the low base bid in the amount of$145,760. The amount for Part 2 (sewer lift station work) is $76,110. The estimated total project cost for Part 2 based on the bid is $106,300. MOTION by Fitch, second by Gamer to adopt RESOLUTION R129-98 accepting Part 2 of the base bid of Electrical Installation & Maintenance in the amount of$76,110. APIF, MOTION CARRIED. Council Minutes (Regular) December 7, 1998 Page 3 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Individual Sewer Treatment Systems Ordinance Update The City has had an ordinance for several years that regulates the design, installation and maintenance of on-site Individual Sewage Treatment Systems (ISTS). While the requirements pertaining to new and replacement ISTS installations have been enforced, the verification of pumping of existing systems has not been actively enforced to date. The Metropolitan Council and Dakota County are requiring every property owner in the City with an ISTS to provide evidence that their system has been pumped within the last three years. Staff has identified approximately 90 existing ISTS within the City's jurisdiction. Included in this list is an ISTS that was identified in the Ash Street reconstruction project. This system was not inspected by City staff and refused to allow County inspection, consequently its condition and compliance status is unknown at this time. In January 1999 notices will be sent to all property owners with ISTS indicating the requirement that they provide evidence that their system has been pumped in the last three years. The property owner will receive a permit that would expire upon three years from the date of the most recent pumping of the system. It was proposed that a $10 annual permit fee be charged to ISTS property owners for this maintenance permit program. Councilmember Cordes asked why a $10 annual fee instead of$30 for 3 years? Staff replied maintenance of the system is ongoing. $10 or $30 for 3 years amounts to the same thing. The fee will be collected and charged at the same time, once every three years. Council authorized Staff to proceed with the enforcement of the existing ISTS Ordinance requirements and to initiate an amendment to Section 7-3-7(D) to require pumping every three years rather than two years, and an amendment to Section 7- 3-11 to allow ten months rather than the current six months to bring failing systems into compliance. b) Empire Township Communications - Highway 3 Gateway Signage Empire Township has contacted the City recently regarding the city entrance sign that was placed in the right-of-way of Trunk Highway 3 this past summer. The City's position regarding Empire Township's concerns are as follows: · The installation of the current sign replaced an existing entrance sign at the same approximate location. · The City received a permit from MnDOT to place the new entrance sign in their right-of-way in compliance with all of their requirements. · Official identification signs are permitted in the right-of-way based on the Township's Zoning Ordinance. It is the City's position that no additional permits are required. Council Minutes (Regular) December 7, 1998 Page 4 c) Castle Rock Township Project Committee - Update A joint meeting with Castle Rock Township representatives was held on November 17, 1998 to continue discussions on the proposed construction of Phase III ofthe Prairie Waterway. Township representatives agreed that they would fund their proportionate share of storm sewer run-off from township properties, with the caveat that run-off would be based on the zoned use of property in terms of measuring contributing flow. This position is not substantially different from previous discussions by Council in terms of using contributing acreage as a basis for calculating storm water, except for the township's position that land use in the township should reflect more of an agricultural use as opposed to a low-density residential use that was anticipated in the City's storm water comprehensive plan. Councilmember Gamer: Castle Rock has the theory that everything is twice the cost Council said it was. We are trying to get the project done as a complete project, not in pieces. Councilmember Cordes: We need to bring back to both boards, support of Council to do a Feasibility Study. The Castle Rock Board would accept the engineer's conclusions. Councilmember Strachan: Is it possible to upgrade the study with today's numbers? City Engineer Mann: Previous study would need to be verified, but doing an updated study should be less time consuming. The 1995 study was done by Mr. Kaldunski. Councilmember Fitch: The hang up last time was in principles, not numbers. An understanding of the principles should be agreed upon before numbers are looked at. Councilmember Cordes: The last meeting with Castle Rock was a turnaround. Mayor Ristow: Understanding of principles by both boards needs to be in agreement. The next issue discussed concerning this project is the connection for the Wilson residence. Since the full Ash Street Project is now back under consideration, it may be premature to authorize a study for a single township connection. City Engineer Mann: Hook up for the Wilson property would be to a gravity system, instead of force main. Mayor Ristow: Whether proposal should be prepared depends on the entire project. City Administrator Erar: The City empathizes with the Wilson's, however we need to look at the big picture. Councilmember Cordes: We should look at a new Feasibility Study and continue on with the entire project. Council Minutes (Regular) December 7, 1998 Page 5 Staff will draft a letter to the Castle Rock Board on behalf of Council stating the City Council is not interested in looking at an individual study. MOTION by Gamer, second by Cordes directing the City Attorney to draft a multi- jurisdictional project participation agreement. APIF, MOTION CARRIED. d) Cable TV Franchise Agreement - Update Mr. Tom Creighton, City Franchise Negotiator updated Council on the current situation with Marcus Cable. Farmington has a second rate system for communicating with it's citizens. The City needs resources to cablecast meetings. Marcus Cable has been unresponsive and uncooperative. The cities of Farmington, Apple Valley, and Rosemount requested a first year capital grant of $60,000 and $12,500 each year to the City thereafter for the life of the agreement (15 years). Marcus Cable tentatively agreed to these figures. At a meeting on November 23, 1998 Marcus Cable representatives indicated that these figures were unacceptable. The cities will tell Marcus Cable to meet their commitments or the franchise will not be renewed. If the cable system is shut off, it will be Marcus Cable's decision, not the cities. MOTION by Gamer, second by Cordes adopting RESOLUTION R130-98 limiting City Council individual contact in City cable television franchise renewal and transfer of ownership negotiations. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Adopt Resolution - 1999 Budget and Property Tax Levy After the proposed tax levy and budget were reviewed by Council, a Truth in Taxation Hearing was held on December 1, 1998. The Truth in Taxation hearing was closed without continuance, Council having heard all attendees opinions and concerns. Appropriate criteria have been met for the tax levy and proposed budget. MOTION by Gamer, second by Fitch to adopt RESOLUTION R131- 98 certifying the 1999 Tax Levy of$I,741,465 and adopting the 1999 City Budget as presented. APIF, MOTION CARRIED. b) Prairie Creek Development Punchlist Status The punchlist items for the Prairie Creek Development are not complete contrary to the statement made by the Developer at the last City Council meeting. A letter from Progress Land Company dated October 26, 1998 indicates the punchlist work behind the residence at 18650 Easton Avenue is not going to be completed this year. Subsequent to the time the letter of credit was pulled, concerns have been raised regarding the stability and safety of the retaining wall on Embry A venue. Staff recommended that the amount of $15,978 be refunded to Progress Land Company. The remainder should be retained for the outstanding puncWist items and the Embry A venue retaining wall. Staff will move ahead and utilize the Council Minutes (Regular) December 7, 1998 Page 6 funds from the Developer's letter of credit and complete the punchlist work as soon as possible. Pursuant to legal advice, it is recommended that Progress Land Company be given a final deadline of December 31, 1998 to respond to Staff regarding the retaining wall issue. If no action is taken by the Developer by that date, it would be staffs intention to move forward and resolve the retaining wall issue utilizing funds from the Developer's letter of credit. MOTION by Ristow, second by Cordes concurring with Staffs intent regarding the retaining wall. APIF, MOTION CARRIED. c) Deer Meadows 2nd Addition Citizen Petition - Update At the November 2, 1998 City Council meeting, staff forwarded a petition from several residents in the Deer Meadows 2nd Addition, citing drainage and water issues. Staffhas met individually with the residents to investigate their issues. Two main issues were encountered with the petitioning residents, water and/or moisture in the basements and drainage/standing water issues in the yards. Councilmember-elect Soderberg received e-mail messages from Sue Pettit, 5841 180th Street, and Linda Gvist, 5853 180th Street, wanting their views expressed to Council concerning the handling of the investigations. Staff is very concerned by the comments made by the residents and the City will investigate and report back to Council. Staff will also present documentation from three Staff members who investigated the area. Mr. Ken Young, 5917 180th Street, stated he can see the City is trying to address the problem. The inside of his house is very damp and the inspectors agreed there was excess moisture. The inspectors checked behind the insulation and said they would have to talk with Tim Giles, the developer. Mr. Giles stated moisture is normal. Mr. Young stated mold forming is not healthy. He felt the inspectors were supporting the developer, and not protecting the citizen's rights. Areas on all sides of his house were wet and mold is forming. The developer dismissed this idea. Mayor Ristow replied the inspectors are professional people and would not take sides. Mr. Young stated people are unable to sell their homes because ofthese problems. At first, he felt the City was trying to help. But when the inspectors came, he felt he was not getting any help. The building inspector said it is not mold, but print coming from the insulation. Councilmember Strachan replied this is more of a developer issue, however, the City could be an advocate. The inspectors are professionals. Mayor Ristow stated the situation will be investigated. Staff stated internal home issues need to be handled by the homeowner. If the owners don't believe the inspectors, they can contact an independent home inspection service. MOTION by Strachan, second by Garner to authorize a feasibility report for extending the drain tile along the swale and for Council Minutes (Regular) December 7, 1998 Page 7 seeding the pond, and set a Council Workshop date for February 23, 1999, at 7:00 p.m. to discuss the issues. APIF, MOTION CARRIED. 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE City Administrator Erar: He attended a Metropolitan Council meeting on the Castle Rock Township Comprehensive Plan, which was approved. 14. ADJOURN MOTION by Fitch, second by Gamer to adjourn at 9:55 p.m. APIF, MOTION CARRIED. Respectfully submitted, c:;. ? ~ /" /'.. .' ." ,-7~vdc~ /??~~;' , . 1..0" Cynthia Muller Executive Assistant