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HomeMy WebLinkAbout09.15.97 Council Minutes to] .(,.! r- }-, It..) COUNCIL MINUTES REGULAR SEPTEMBER 15, 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: Acting City Administrator Roland, Attorney Grannis. 2. Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. MOTION by Gamer, second by Fitch to approve the agenda with the following changes: a) Add Consent Item 5n - Approve Gambling Premise Permit for Eagles Club. b) Add Item 7a - Requesting Extension to Plat Filing Deadline for pine Ridge Forest. APIF, MOTION CARRIED. 4. Citizen Comments - There were no Citizen Comments. 5. Consent Agenda MOTION by Cordes, second by Strachan to approve the Consent Agenda as follows: a) Approve Minutes - 8/27/97 (Special) and 9/2/97 (Regular). b) Proclaim 9/15 - 9/21 as Pollution Prevention Week. c) Adopt RESOLUTION NO. R107-97 accepting a donation for Meals on Wheels Program. d) Adopt RESOLUTION NO. R108-97 approving Nelsen Hills Farm 6th Addition Development Contract. e) Adopt RESOLUTION NO. R109-97 approving Community Landfill Abatement Funding application. f) Approve capital outlay request - purchase of shot guns for police Department. g) Approve rental of advertising space at Ice Arena by Key Design. h) Approve City Donation Policy amendment. i) Approve City participation in County public auction. j) Approve sealing of exterior block walls at Fire Hall by A.J. Spanjers Company. k) Receive information regarding railroad crossing improvements on Elm Street. I) Approve lease renewal agreement with ABH Properties for Solid Waste garage. m) Approve payment of bills as submitted. n) Adopt RESOLUTION NO. R110-97 approving Gambling Premise Permit for Eagles Club. APIF, MOTION CARRIED. 6. 1997 Seal Coat Assessment Hearing City Engineer Mann presented the total project costs, amount to be paid by the City and the amount to be assessed to benefited properties. He noted the City had received three letters objecting to the assessment. Councilmember Strachan said he felt the residents were objecting to the quality of the work on the project rather than to the assessment. Engineer Mann said that the concerns of one of the three residents who filed objections had been responded to previously. Councilmember Cordes asked what actions would be taken if the work was defective. Engineer Mann said he would have to inspect the area before making that decision. Kevin Mahlstedt of 19347 Eureka Court raised questions regarding cracksealing in conjunction with the seal coat project. His street had not been cracksealed prior to seal coating and felt his assessment should be lower since this work had not been done. Mr. Mann noted that City crews did the cracksealing and it was not part of the assessment cost. He also explained that cracks can be sealed at any time. Mayor Ristow explained the seven year sealcoating/assessment program to Mr. Mahlstedt. MOTION by ~jG Gamer, second by Cordes to close the public hearing. APIF, MOTION CARRIED. MOTION by Gamer, second by Fitch to adopt RESOLUTION NO. Rlll-97 adopting the final assessment roll for Project 97-05. APIF, MOTION CARRIED. 7. Annexation Hearing - Sienna/Sauber Property Community Development Director Olson stated the annexation petition had been reviewed by the Joint Planning Board and the City Planning Commission, and both entities had approved of the annexation. He informed Council that State law entitles the Township to a percentage of the property's taxes over the first five years following annexation. Member Strachan asked for clarification that the percentage was based on current taxes, not on increases resulting from property value increases. Mr. Olson responded in the affirmative. There was no public comment. MOTION by Gamer, second by Cordes to close the public hearing. APIF, MOTION CARRIED. MOTION by Fitch, second by Gamer to adopt ORDINANCE NO. 097-401 annexing the Sienna/Sauber property from Empire Township to the City of Farmington. APIF, MOTION CARRIED. 8. Annexation Hearing - Ristow/Giles Property Mayor Ristow stepped down from his seat at the Council table for discussion of this item. Community Development Director Olson reviewed the process which took place in regard to this annexation petition. He noted that discussion had taken place at both the Joint Planning Board and City Planning Commission level several times. The question of having only one access in and out of the proposed commercial/multi family development created some concern during those discussions, however, it was Director Olson's opinion that annexation and future use were separate issues and should be addressed separately. Access, zoning, use issues would be more appropriately addressed during the platting and rezoning hearings for the property. Jacqueline Franke: How far to the east does the proposed annexation extend. Jerry Ristow: To the Olson house. Jacqueline Franke: Wasn't this property supposed to be annexed when we were? Jerry Ristow: The petition was withdrawn. Jacqueline Franke: Has the Brekke property been annexed? Is that where the access road will go? Jerry Ristow: Yes it has been annexed. You have to ask Mr. Giles about plans for the development. Tim Giles: We have nothing planned for sure yet. Ruby Marcell: How many properties were annexed along our road? We were never told about it and now we are finding out our well may be contaminated. All of the other properties were given a deal to get Village water and we never heard about it. Member Fitch: Explained how and why the annexation of the properties along 213th Street occurred. Ruby Marcell: If we are annexed, will we get the same deal as the other people. My main concern with this annexation is that the commercial development will contaminate my well. Jacqueline Franke: What kind of multiple housing is being proposed? ')i i Tim Giles: Nothing has been set yet. Jacqueline Franke: Will we be notified when the property is platted? Dave Olson: Yes, notices will be sent to each property owner in the affected area. Jacqueline Franke: We were hooked up to City water but not sewer. When this development takes place, will we be able to get municipal sewer? The development will need sanitary sewer. Dave Olson: That will require a request for MUSA expansion which will be part of the development and platting process. The first thing that needs to be done is the annexation. MOTION by Gamer, second by Cordes to close the public hearing. VOTING FOR: Gamer, Cordes, Fitch, Strachan. ABSTAIN: Ristow. MOTION CARRIED. MOTION by Strachan, second by Gamer to adopt ORDINANCE NO. 097-402 annexing the Ristow/Giles property from Empire Township to the City of Farmington. VOTING FOR: Cordes, Fitch, Strachan, Gamer. ABSTAIN: Ristow. MOTION CARRIED. Finance Director Roland noted that property owners must request to be annexed into the City, the City cannot initiate the process. After returning to the Council table, Mayor Ristow apologized to the Marcell's if they had been overlooked during the 213th Street annexation process. 9. JIT Easement Vacation Hearing Community Development Director Olson explained the request to vacate the utility easements was due to the proposed expansion of the JIT facility. He stated that the resolution vacating the easements contained the contingency that the expansion be completed. He also noted that a waiver of plat would be required later to combine the two lots into one parcel. There were no public comments. MOTION by Gamer, second by Cordes to close the public hearing. APIF, MOTION CARRIED. MOTION by Gamer, second by Fitch to adopt RESOLUTION NO. Rl12-97 vacating the utility easement on the lot lines between the existing and proposed JIT facility contingent upon the expansion taking place.. APIF, MOTION CARRIED. 10. Extend Plat Filing Deadline - Pine Ridge Forest Mr. Olson informed Council that a request had been received from the Developer's engineering firm to extend the plat filing deadline due to difficulty in locating and describing a gas line easement. The extension was requested until October 15, 1997. MOTION by Gamer, second by Fitch to extend the deadline for filing the final plat of Pine Ridge Forest until October 15, 1997. APIF, MOTION CARRIED. 11. Traffic Signal Revision on Elm Street City Engineer Mann explained to Council that the State required the execution of an agreement before they would provide a mast arm pole for the signal revision. All costs associated with the revision will be assessed to the South Suburban Medical Clinic facility. MOTION by Cordes, second by Strachan to adopt RESOLUTION NO. Rl13,-97 approving the agreement with the State of Minnesota for traffic signal revision on Elm Street. APIF, MOTION CARRIED. 12. Roundtable I/I Study on Main Street: Engineer Mann responded to a request by Councilmember Fitch to review the amount of I/I flowing into the sanitary sewer in the Main Street project area. Discussion centered around the need to replace antiquated systems not only in the Main Street area, but in other old sections of the City. MOTION by Fitch, second by Gamer to direct staff to do an I/I analysis in the Main Street project area and report back to Council at the October 6, 1997 meeting. APIF, MOTION CARRIED. Train Whistles: Police Chief Siebenaler reviewed contacts made by the City Administrator with different agencies in an attempt to resolve the problem with loud, prolonged train whistles during night time hours. It was noted that the F.R.A. was in the process of drafting and initiating legislation which would eliminate all local ordinances nationwide which attempt to restrict train whistle blowing. Councilmember Gamer: Read Administrator Erar's memo regarding publication of Council agendas in the Farmington Independent. Councilmember Cordes: Informed Council that CEEF was holding a meeting to discuss the continuation of a community celebration. Finance Director Roland: Informed Council of receipt of a LMC dividend amount of $26,169 for workman comp insurance. would be placed in the General Fund. check in the The money 15. MOTION by Fitch, second by Gamer to adjourn at 8:10 P.M.. CARRIED. APIF, MOTION submitted,