Loading...
HomeMy WebLinkAbout06.02.97 Council Minutes COUNCIL MINUTES REGULAR JUNE 2, 1997 1. The meeting was called to order by Mayor Ristow at 7:00 P.M.. Members Present: Ristow, Cordes, Fitch, Gamer, Strachan. Members Absent: None. Also Present: City Administrator Erar, Attorney Grannis. 2. Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. MOTION by Gamer, second by Cordes to approve the agenda with the addition of supplemental materials for Item 6c (Receive Bids/Award Contract for Water Reservoir Construction Project), and Item 9c (County Road 31 Update). APIF, MOTION CARRIED. 4. Citizen Comments John Ruud: Expressed his concern and displeasure with the behavior of a Farmington Police Officer during a May 22, 1997 vehicle violation stop. 5. Consent Agenda MOTION by Cordes, second by Gamer to approve the Consent Agenda as follows: a) Approve minutes - 5/19 - Regular. b) Approve Code Enforcement Response Policy. c) Adopt RESOLUTION NO. R67-97 amending the pine Ridge Forest Development Agreement by noting the number of acres donated as parkland by the Developer. d) Approve the appointment of the Parks and Recreation Director as head of Solid Waste Services Department. e) Approve Founders Day Festival permits and waive all associated fees. f) Approve Certification of Local Performance Aids g) Adopt RESOLUTION NO. R68-97 approving the development agreement for East Farmington Third Addition. h) Acknowledge receipt of 1996 Snow Removal Reimbursement. i) Adopt RESOLUTION NO. R69-97 approving a gambling premise permit for American Legion Post 189 j) Approve request to farm property acquired for Central Maintenance Facility. k) Approve payment of the bills as submitted. APIF, MOTION CARRIED. 6. Public Hearing - Henderson Area Stor.m Sewer Project City Engineer Mann described the history of groundwater problems in the southeast area of the City and noted that this storm sewer project was identified as a need in the 1993 Groundwater Management Plan. After brief discussion, the Mayor opened the hearing to the members of the audience for comment and input. Mayor Ristow: Is the alignment the same as was proposed at the last meeting? (Yes) Member Fitch: Is there anywhere else to drain Hickory between 7th and 8th? (Ash Street is possible - not economically advisable/Ash Street project still uncertain) Member Gamer: Wasn't drainage to Ash Street planned at one time? that plan.) (Not aware of Member Strachan: Is this a maintenance project or an improvement project? (Both, streets are deteriorating because of overland water, increased cost to maintain them.) Gamer: Can street be flattened when it is torn up? existing housing.) (May be difficult because of Member Cordes: What about a culvert to ditch on TH 3? on Hickory, gravity won't work.) (Ditch higher than low point Mayor Ristow presented a petition signed by residents in the project area who were opposed to project. Mrs. Duchek: Father has lived in area for many years, no water problem, water does not stand by dentist's office for long or that often. Too expensive a project. Dwight Tange: Catch basins are there, they don't work, can they be repaired. (Repair is not a long term solution.) Tange: Project no improvement to my property. Wait until Ash Street project is done, or look for other alternatives. What about a ditch? (Would need to dig out ditches all the way on TH 3 median, slope would be too steep, MnDOT not interested) Gary Hokenson: Owns apartment building, tenants not interested, standing water in pond would be safety hazard for kids, mosquito breeding ground. No water problem in apartments. (Existing pond will be improved to increase flow.) Harold Wieben: Is there storm sewer on 7th Street? (No.) Send storm sewer down 7th and catch an east/west sewer line. Engineer Mann: All WATER on west side of TH 3 drains to the east. Don Endres: Owns 6 plex, never a water problem, no benefit. Send it north. Orville Swenson: Just solve problem on Hickory. Project is too grandiose. Maybe lift station or pump. John Ristow: 90% of people here signed petition. No surface water problems in area. Roger Wood: Culvert used to exist but was closed off to build apartment building. In heavy rains, basement stays dry. Mann: Explained City'S assessment policy and described drainage area. Wood: Assessment policy not wrong, project isn't a benefit. Al Christensen: New catch basins won't work, property won't benefit. ? Kline: No benefit to property. Mann: Surface water is one issue. Tile to help groundwater problem. Administrator Erar: Staff is simply presenting information, not trying to ram anything down people's throats. Mike Johnson: Owns gas station. Is Ash Street going to happen? and costs) (Outlined timing Bernice Ryan: City can pump water a long time before assessment amount is equal. Larry Hansen: Asked City about pending assessments 2 years ago. Wasn't told about this plan. Find different way to do project. Gene Ozment: No water problem now, if project changes drainage will problem start? (Project designed to improve situation, talking about groundwater not surface water.) Cy Hennek: Is this a temporary fix or permanent? When is 7th Street scheduled to be redone? (Permanent solution. 7th Street in good shape now, in 10 years who knows?) Resident (916 9th): Why keep the sediment pond? (SWCD considers it a wetland area, can't be removed.) MOTION by Gamer, second by Fitch to close hearing. APIF, MOTION CARRIED. Member Strachan commented there was a great deal of history associated with this project and it was perceived to be a long time problem. He continued that the project would be a long term solution rather than a temporary patch. The public hearing was part of the process to determine if the project should go forward. Councilmember Fitch noted that water flows into Farmington from the west (Lakeville, Apple Valley, Eureka Township) and, therefore, this was a community problem. He stated that since it poses no imminent threat to public safety, health or welfare and residents were not in favor of the project, it should not go forward. Member Gamer stated his belief that the project should be tied to the Ash Street improvement project. Member Cordes expressed her belief it should be explored again at the time Ash Street is done. Mayor Ristow stated he felt the project was a quick fix and there was no guarantee it would work in the future. MOTION by Gamer, second by Cordes not to proceed with the Henderson Area Storm Sewer project. APIF, MOTION CARRIED. 7. Vacation of Portion of Main Street and Alley Public Hearing Planning Coordinator Smick explained the vacation was needed to allow the construction of the new Eagle'S Club building and parking lot. She noted the area to be vacated and asked for comments and questions. Mayor Ristow asked what would happen if the Eagles project did not go forward. Ms. Smick stated that if the project did not proceed by November 1, 1997, the vacation would be null and void. Community Development Director Olson stated that the Eagles' Club and railroad were still negotiating regarding the spur line and railroad right of way which intersects the property. An audience member asked who would be responsible for clean up of any hazardous waste found on the railroad property. Mr. Olson responded that it would be between the buyer and seller and the City would not be involved. Comments from the audience were heard: Fay1ene Bruns: EPA study needed? (Not on project this small.) Heard rumor that City has deal with Eagles to use the parking lot for cleaning it. Lee Rose: Mistake to put club in residential neighborhood. Should build street to More 4 instead to help with traffic at intersections and make it safer for kids. Steve Finden: Bought my property (Dakota Lumber) because of access to railroad spur. Bruns: Safe neighborhood now. Club will increase traffic, noise, parking problems. People driving through neighborhood after drinking. Mayor Ristow: Property is zoned commercial. Can't deny permit for commercial use. Jeff Rice (Eagle's Club): Eagles want to stay downtown to help revitalize area. Trying to bring people downtown. Don't condemn club because alcohol is served. Eagles support community in many ways. Rose: More traffic in area where problem already exists. People leaving Eagles and driving down streets after drinking. Dangerous to kids. Lynn Holz: What about moving out to old Red Owl, already has parking. Rice: Looked at other options, want to stay downtown. Mr. Stultz: Downtown should stay downtown. Don't split commercial like Lakeville. Their downtown is dead. A lot of historic buildings in Farmington, keep the focus on one downtown, small town atmosphere. MOTION by Gamer, second by Strachan to close the public hearing. APIF, MOTION CARRIED. Administrator Erar stated, for the record, that there was no deal with the Eagles Club for the City to use their parking lot in exchange for cleaning it. MOTION by Gamer, second by Strachan to adopt RESOLUTION NO. R70-97 approving the vacation of a portion of Main Street and the adjacent alley contingent upon the Eagles Club construction project moving forward by November 1, 1997. APIF, MOTION CARRIED. Councilmember Cordes asked if it was possible to maintain the railroad spur. Administrator Erar stated staff would research the possibility, however, felt it would be difficult to keep the spur. 8. Water Reservoir - Accept Bids/Award Contract City Engineer Mann stated that three bids were received for the project. The low bid was submitted by Pits-DesMoines which was below the project estimate. The Water Board had approved the bid and recommended Council award the contract. The reservoir will be constructed to provide for equipment storage inside. MOTION by Gamer, second by Fitch to adopt RESOLUTION NO. R71-97 accepting the bids and awarding the contract for the construction of a water reservoir tower to Pits- DesMoines. APIF, MOTION CARRIED. COUNCIL TOOK A FIVE MINUTE RECESS. 9. Proposed Fence Ordinance Amendment Planning Coordinator Smick went through the information contained in the agenda packet associated with this item. She also noted concerns expressed by Council during their last discussion of this topic. There was extended conversation regarding various scenarios for placement of 6 foot fences, reasons both for and against the placement of six foot fences in front yards, and the need to create an ordinance which was enforceable. Planning Commission members were present, as well as several residents who had either constructed a 6 foot fence in violation of the current ordinance, or who wished to build a six foot fence in the front yard. After Council reviewed various lot layouts and possible fence placements presented by Coordinator Smick, it was determined that the ordinance be revised to allow six foot fences in front yard setbacks of corner lots, provided a 30 foot triangle of visibility was created at the street corner. MOTION by Gamer, second by Ristow to adopt ORDINANCE NO. 097-395 amending the fence ordinance to allow six foot fences in the front yard setback of corner lots provided a 30 foot triangle of visibility remained. VOTING FOR: Ristow, Gamer, Fitch, Cordes. AGAINST: Strachan. MOTION CARRIED. 10. As Built Certificates of Survey Community Development Director Olson explained the drainage problems created when the final grade of lots did not match the grades approved in the grading plan for the entire subdivision. Attempting to determine who is responsible for correcting the resulting drainage problems involves a great deal of staff time and effort. It is the intent of the new requirement to place the responsibility for accurate final lot grades on the builders by requiring a surety which will not be released until an as built certificate of survey is provided. Questions regarding the amount of surety required, whether the developer or builder should be responsible, and who will prepare the final certificate of survey were raised. Mr. Olson responded to these questions to Council's satisfaction. MOTION by Fitch, second by Gamer to adopt RESOLUTION NO. R72-97 approving the requirement of as built certificates of survey and amending the 1997 fees and charges by adding a $1500 surety requirement to building permit charges. APIF, MOTION CARRIED. 11. Debt Management Study Finance Director Roland and Financial Consultant Truzsinski presented the Debt Management Study a year long study which had recently been completed. Each bond issue and debt levy was reviewed in length. Following this review, Ms. Roland and Mr. Truzsinski presented their plans for repayment of outstanding debt. Member Strachan left the meeting at 10:40. Council asked questions and made various comments and observations regarding the results of the study. The resulting conclusions reached by this study will affect numerous aspects of City projects in the future. Mr. Truzsinski stated he believes his is the only financial consultant who reviewed bonds in this type of study. 12. City Administrator Erar noted that Governor Carlson had not signed the transportation bill yet, but would update Council when he received that information. 13. Roundtable Councilmember Gamer: Noted problems in East Farmington. Engineer Mann stated that driveways and sidewalks had been placed incorrectly but would be corrected Mayor Ristow: Noted letter received from Castle Rock Township regarding storm sewer project and requested staff investigate setting a meeting date. City Administrator Erar: Reminded Council of team building sessions to be scheduled with Brimeyer. Will investigate possible dates. 14. MOTION by Fitch, second by Gamer to adjourn at 11:40 P.M.. APIF, MOTION CARRIED. submitted, J-----