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Home My WebLink About11.03.97 Council Minutes r~ COUNCIL MINUTES REGULAR NOVEMBER 3, 1997 1. The meeting was called to order by Mayor Ristow at 7:00 P.M. Members Present: Ristow, Cordes, Gamer, Strachan, Fitch 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 as presented. APIF, MOTION CARRIED. 4. CITIZEN COMMENTS . Chief Siebenaler introduced new employee, Police Officer Robert A. Sauter. . Dave Olson introduced new employee Richard Deeg, Fire Marshal/Building Inspector. . City Administrator Erar administered the Oath of Office to Police Officer Sauter 5. CONSENT AGENDA MOTION by Gamer, second by Strachan to approve the Consent Agenda as follows: a) Approve Minutes -10/20/97 (Regular) b) Approve Gateway Sign c) Set Public Hearing Date for 11/17/97 to Review Various Annual Licenses d) Approve Industrial Park Curb Breaking Situation e) Approve third quarter building permit report t) Amend Council By-Laws - Roll Call g) Adopt Ordinance No. 97-406 amending Annexation Ordinance Legal Description h) Adopt Ordinance No. 97-407 amending Tobacco Ordinance I) Approved Organizational Realignment -Position Reclassification j) Adopt Resolution No. R122-97 setting a Public Hearing for issuance of Medical Clinic Revenue Bonds k) Approve Bills APIF, MOTION CARRIED. 6. PUBLIC HEARING - AMEND EAST FARMINGTON PUD Sienna Corporation proposes the following amendments to the PUD: . Revise the multi-family use to single-family along County Road 72. The multi-family use called for approximately 65 units, whereas, 65 single-family lots are proposed to be developed not only on the multi- family use acreage, but also within the East Farmington 4th addition. . Include the recently annexed Sauber property within the PUD. This property was annexed in the City after approval by the City Council on September 15th. and will provide additional land acreage for the proposed 65 single-family lots in the East Farmington 4th addition. The existing house on the Sauber property will remain and will be connected to City sewer and water within one year. . Create a new typical block configuration with 18 lots within a block measuring 360' X 385 '. This block will be located on the east side of Twelfth Street in Outlot D. The City Attorney has reviewed and approved the proposed amendments and the Planning Commission approved the amendments at their meeting of October 14, 1997 with the following contingencies: 1) The newly created block located in Outlot D shall be site specific to that location only. 2) The Developer shall be required to maintain the remaining multi-family areas shown on the original PUD. , } .~~ 3) The Developer should pursue the development of multi-family areas as soon as possible. 4) . Additional engineeri.9g information must be addressed by the Developer. MOTION by Gamer, second by Cordes to close public hearing. APIF, MOTION CARlUED. MOTION by Gamer, second by Strachan to apPTQve the East Fanningion PUD amendments contingent on the requirements approved by th,e Planning Commission and the approval of the fmal a.cceptance of the annexation ordinance by tbe MunicipalBoard. APIF ~lOrIQ~ CARImi:D. 7. PUBLIC HEARING - REZONE GENSTAR PROPERty The property is currently zoned R-I and consists of 396 acres and is included in the MUSA Expansion application dated August 22,1997. The developer proposes to rezone the property to R-3 PUD and develop the land in phases consisting of Low/Medium density at 105.9 acres; CoriimerciallHigh density at 34.5 acres; Medium density at 14.7 acres; Parkland and Open Space at 186.0 acres; Future Development at 9.0 acres; and possible Future Development at 34.4 a((res. The action required is to amend th.e R-I zone to R-3 PUD by approving tbe Charleswood Schematic Plan, contingent on require.roents stipulated by Planning Commission: I) The slopes on the plan are requir,ed to be protected and left in their natural state. 2) The road layout on the schematic plan shall not be accepted. 3) The road layout shall confonn to the City's Thoroughfare Plan. 4) The medium and high density residential areas shall be develQped as shown on the schematic plan MOTION by Fitch, second by Gamer to close the public hearing. APIF, MOtION CARRIED. MOTION by Gamer, second by Cordes to adopt ORDINANCE NO. 097-408 approving the Charleswood schematic plan contingent upon the requirements stipulated by the Planning Commission and to amend the R-l zone to R-3 PUD. APIF, MOTION CARRIED. 8. MARCUS CABLE PREMIUM CHANNEL RATE INCREASES were acknowledged by Council. 9. CHANGE TO CDBG ALLOCATION The Dakota County HRA staff and representatives from the four member cities recently met and reached a tentative agreement to modify the formula to have half of the distribution based on HUD formula which relies heavily on population and the other half of the distribution would be made on equal shares to the four cities. The City of Fannington will see a reduction in its allocation of approximately $22,033 per year or $44,066 for a two year period. MOTION l;ly Gamer, second by Fitch that it be indicated at the next District 4 meeting in January, 1998, that the Council has no objections to the revised formula. APIF, MOTION CARRIED. 10. RESPONSE TO EAGLE'S CLUB CONCERNS will be discussed at length at the HRA meeting on 11/10/97. II. CITIZEN PETITION - RESPONSE TO COMPLAINT - DAKOTA COUNTY LUMBER A complaint was received by the City Council at its roundtable session on October 20th concerning dust, debris and screening problems associated with Dakota County Lumber Company located at 28 8th Street. The complaint was signed by a number of neighbors a(ijacent to Dakota County Lumber Comp@,y. City Staff met with Mr. Steve Finden, owner of Dakota County Lumber COll,lpany, on October 27th to discuss the concerns raised by residents adjacent to the property. Staff is to <;Q.nJinue worl~wg with l\1r. Finden. 12. TRAFFIC CONTROL ISSUE AT THIRD & ELM STREETS MOTION by Gamer, second by Ristow to adopt RESOLUTION NO. RlZl-97(b) requesting the installation ofa four-way stop at the intersection of Third and Elm Streets and to authorize the removal of the two boulevard trees in the 200 block of Elm Street on the south side, to facilitate the installation of those signs. APIF, MOTION CARRIED: (): A 13. REVISED WEED ORDINANCE A proposed ordinance was presented to the City Council reflecting revisions to the current weed ordinance addressing the following issues: 1) Slope areas: Slopes that are in excess of3:1 (33%), would be allowed to be left in a natural state due to the safety concerns relative to mowing on a steep slope. 2) Ponds/Wetlands: Property around ponds or wetlands may be left in a natural state and in those areas where the city owns the land surrounding the pond or wetland, mowing would be the responsibility and at the discretion of the City. 3) Natural/Wildlife areas: Natural areas, including Parks, wetlands/ponds, unplatted land and other City designated natural areas would be allowed to be left in a natural state. 4) Natural Areas on Platted Lots: Natural areas would be allowed on platted lots in the backyard subject to a six foot setback from property lines. This would allow people to have a natural area in their yard yet leaves a buffer for an adjacent neighbor that would not find a natural area desirable in their yard. Staff was directed to continue research with the DNR and private firms to gather more information on natural grasses. 14. RIGHT-OF-WAY ORDINANCE Mr. Thomas Creighton, a telecommunications consultant, presented a proposed ordinance addressing significant regulatory control elements and provide the City with an effective means to safeguard and preserve local goverment concerns. A final version of this ordinance will be presented to the Council for adoption in the near future. 15. AMEND CABLE FRANCHISE ORDINANCE- EXTENSION The cities of Farmington, Apple Valley, and Rosemount have been negotiating with Marcus Cable for the renewal of a cable franchise agreement. The expiration date of the City's cable franchise ordinance with Marcus Cable is December 6,1997. As it appears that negotiations with Marcus Cable will not be completed prior to the December 6,1997 renewal date, the City will need to extend the current agreement for another twelve (12) months. A five (5) percent franchise fee has been adopted by a majority of cities in the State of Minnesota and has been allowed under Federal law for at least the last thirteen years. This is a key component of the franchise renewal document currently under negotiation with Marcus Cable. MOTION by Gamer, second by Cordes to adopt ORDINANCE NO. 097- 409 extending the expiration date to December 31, 1998 and increasing the Franchise Fee to 5%. APIF, MOTION CARRIED. 16. ROUNDTABLE Mayor Ristow: Received another complaint on train whistles and complimented staff on the Halloween Walk. 17. MOTION by Fitch, second by Gamer to adjourn at 9:40 p.m. Respectfully submitted, Karen Finstuen Administrative Service Manager