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HomeMy WebLinkAbout08.07.95 Council Minutes MINUTES COUNCIL MEETING REGULAR AUGUST 7, 1995 1. Mayor Kuchera called the meeting to order at 7:00 P.M.. Members Present: Kuchera, Ristow, Gamer, Galler, Fitch. Members Absent: None. Also Present: Administrator Thompson, Attorney Grannis. 2. The Mayor led the Council and audience in the Pledge of Allegiance. 3. MOTION by Ristow, second by Gamer to approve the agenda with the following changes: a. Remove 5j - Computer Donation - from Consent for general discussion. b. Remove 5n - Extend Completion Date of prairie Waterway project - from Consent for general discussion. c. Remove 5p - Approve Payment #2 - Southeast Sanitary Sewer - from Consent for general discussion. d. Remove 5r - Approve Payment #5 - Southeast Storm Sewer - from Consent for general discussion. e. Remove 5b - Nelsen Hills 4th Development Agreement from the agenda. f. Remove 5w - Extend Completion Date of pine Knoll Project - from Consent for general discussion. g. Remove 50 - Approve Payment #5 - pine Knoll Project - from the agenda. h. Remove 5g - Cellular Phone Agreement for Don Gamer from Consent for discussion. i. Remove 5y - Approve Payment of the Bills - from Consent for discussion. APIF, MOTION CARRIED. 4. Citizen Comments Henry Iwerks: Criticized editorial in August 5, 1995 Life and Times is~ue, and Police Chief and Officer Steigauf should not have critic~.zed Council. Police Chief Siebenaler indicated he had not been quoted in the editorial. 5. Consent Agenda MOTION by Ristow, second by Galler to approve the Consent Agenda as follows: a. Approve minutes - July 17, 1995 regular. b. Approve placement of "Neighborhood Watch" signs in Dakota County Estates (7/28/95 memo) c. Approve proposal ,for prairie Creek Trail as outlined in Parks and Recreation Director's 8/1/95 memo. d. Approve amendment to FEMA Flood Assistance Agreement. e. Approve Temporary 3.2 On Sale license for Castle Rock Fastpitch Team. f. Receive/Accept the 1996 Proposed Budget. g. Approve Capital Outlay Request - Mobile Gear Rack - Fire Department - $1,029.50. Council Minutes - 8/7/95 - Page 2 h. Approve Payment #1 - 1995 Seal Coat Project - $37,261.13 and adopt RESOLUTION NO. R86-95 declaring costs to be assessed and ordering preparation of assessment roll; adopt RESOLUTION NO. R87-95 accepting proposed assessment roll and ordering preparation of final assessment roll and setting a public hearing for September 18, 1995 at 7:30 P.M. to consider assessments. i. Approve Payment #1 to Curb Masters for 1995 Sidewalk Maintenance Project - $8,170.20. j. Approve Final Payment for Riverside Estates - $24,753.17. k. Approve extension of Development Agreement - prairie Creek First and Second Additions. 1. Approve Capital Outlay Request - Engineering Computer Hard and Soft Ware - $3,895.85. m. Approve Payment #1 - Public Works Road Grader - $126,770.25. n. Approve Capital Outlay Request - 60 Gallon Containers - $19,809.00. o. Approve extension to Development Agreement - TroyHill Addition. p. Approve sanitary sewer assessment agreement with South Suburban Medical Center. APIF, MOTION CARRIED. 6. Cellular Phone Purchase MOTION by Ristow, second by Fitch to approve the cellular phone agreement with Councilmember Gamer. VOTING FOR: Ristow, Kuchera, Galler, Fitch. ABSTAIN: Gamer. MOTION CARRIED. 7. Computer Donation to Fire Department MOTION by Galler, second by Gamer to adopt RESOLUTION NO. R88-95 accepting a donation of a personal computer and equipment from Koch Refining Company. APIF, MOTION CARRIED. 8. prairie Waterway project Extension tl I f MOTION by Fitch, second by Galler to extend the completion date of the prairie Waterway Project until August 18, 1995. VOTING FOR: Kuchera, Fitch, Galler, Gamer. ABSTAIN: Ristow. MOTION CARRIED. 9. Payment #2 for Project 93-15 and Payment #5 for Project 93-14. MOTION by Galler, second by Fitch to approve partial Payment #2 ($276,415.33) for Project 93-15 (Southeast Sanitary Sewer) and partial Payment #5 ($76,515.18) for Project 93-14 (Southeast Storm Sewer). VOTING FOR: Galler, Fitch, Gamer, Kuchera. ABSTAIN: Ristow. MOTION CARRIED. W__.~N,"':'~'''''~'''''''':'''" ___,..,. Council Minutes 8/7/95 - Page 3 10. Extend Project Completion Date - Project 88-4 (Pine Knoll) Engineer Kaldunski presented an update indicating the contractor was not performing. MOTION by Kuchera, second by Gamer not to extend the project completion date and to draw down on the Contractor's bond if work is not completed by the next Council meeting. APIF, MOTION CARRIED. 11. Payment of the Bills MOTION by Galler, second by Fitch to approve the bills as submitted. VOTING FOR: Gamer, Kuchera, Galler, Fitch. ABSTAIN: Ristow. MOTION CARRIED. 12. Willard Barnett - Gaming License Refund The request was made because Mr. Barnett received only 8 machines, rather than the 14 anticipated. The fee would be reduced from $350.00 to $100.00 resulting in a $250.00 refund. MOTION by Kuchera, second by Ristow to approve the refund. APIF, MOTION CARRIED. 13. Public Hearings a. Sign Ordinance Amendment - Sandwich Board Signs Mayor Kuchera opened a public hearing regarding Sandwich Board Signs. Thompson provided information on the subject noting the recommendation Planning Commission and Chamber of Commerce to allow 2' x 3' signs. Administrator of the Comments: em. Fitch: It appears that the Chamber has responded to our request. em. Ristow: What about liability? ~ Atty. Grannis: There is some liability. em. Fitch: Can the businesses indemnify the City? Atty. Grannis: Yes. It would be best to do so through "additional insured". em. Galler: It could be done through permits. We should tighten up the language relating to location. Marvin Wier: There should be height restrictions. em. Galler: I would like to add language relating to liability (permits), distance from buildings and acknowledging County/State permits. Council Minutes - 8/7/95 - Page 4 MOTION by Galler, second by Gamer to close the hearing. APIF, MOTION CARRIED. It was the consensus that staff draft language relating to issuing permits for the sign which would require the applicants to name the City as an additional insured and to clarify the maximum distance from buildings and bring the language back to the Council for consideration. b. Zoning Amendment - Relocating Structures Mayor Kuchera opened the public hearing scheduled to discuss an amendment to the Zoning Ordinance regarding relocating structures. Administrator Thompson presented information which included architectural standards, 90 day completion date, and public hearing requirements with notification only to adjacent property owners. Comments: Cm. Fitch: It appears that staff has responded to what we requested. Cm. Ristow: Does this cover buildings being moved out of the City? Adm. Thompson: No, they are exempt. Mayor Kuchera: What about buildings being moved into the City? Adm. Thompson: They are covered. Tim Giles: Will the structure meet architectural covenants in East Farmington? Cm. Galler: We don't enforce covenants except those specified in the development contract. Henry Iwerks: Is this a continuation of a public hearing? Adm. Thompson: Yes. Pat Akin: II Ii It appears that this ordinance change is being made just to accommodate the developer. Would this be spot zoning? Atty. Grannis: No. Adm. Thompson: The ordinance amendment was raised in response to an application to move a building into East Farmington, at which time it was discovered that there was a conflict in the code. After consulting with the City Attorney, it was agreed the ordinance should be amended to resolve the conflict. Also, the applicant should proceed under the less stringent requirements with the understanding that if the code is not changed, he would have to reapply. Pat Akin: None of this came up during the East Farmington hearings. It was always presented as new construction. The project is supported by TIF and this will lower values. The information has been very sketchy and the City has communicated poorly. City staff has opened a can of worms here by not following its own rules and misleading the applicant. Council Minutes - 8/7/95 - Page 5 Adm. Thompson: I don't understand what you mean by City staff not following City code. There was a conflict in the City code and, upon recommendation of the City Attorney, staff followed the less stringent rules. The applicant understood that if the Council did not change the ordinance, he would have to reapply under the conditional use process. Staff has done this on other occasions to expedite the process but, if the Council wishes, staff will follow the letter of the law. Pat Akin: The problem is that staff does it inconsistently. Adm. Thompson: I would like to know specific instances when staff has been inconsistent. em. Galler: (Directs question to Tim Giles) You're building in East Farmington; how tough are the architectural codes? Tim Giles: Very tough. em. Galler: Do you believe the house will meet the covenants? Tim Giles: It had better. Roger Randall: How will this ordinance change my application? will the changes be retroactive? I would like to note that my house must meet all architectural standards. Atty. Grannis: If the Council makes no changes, you will have to reapply under the conditional use ordinance. If the Council amends the ordinance to only include a public hearing, your hearing tomorrow night can proceed as advertised. Ed Nelson: If Mr. Randall's application is approved, will the City have approve similar requests? will it impact the TIF? will it impact the marketability of the project? em. Galler: The more lots that are sold, the more TIF!is generated. If any application meets the criteria of the code, it As far as the marketability, that is a question the Developer will will be allowed. have to face. Adm. Thompson: Actually, the TIF is based largely on construction of houses, not lot sales. Henry Iwerks: A local organization held an informational meeting on East Farmington that was poorly attended. That seems to indicate there is little interest in the development. I understand the City purchased the house ,and then sold it to Sienna. Atty. Grannis: That was the original intent but, actually, Sienna purchased the house directly from the Heds. Henry Iwerks: How much did they pay? Adm. Thompson: $158,000. "".-_'''',..'_',-c,'_'''' _'L. "___0' .... . p. .....,......'. Council Minutes - 8/7/95 - Page 6 Henry Iwerks: Mr. Randall bought a lot from Sienna, how much did he pay? Roger Randall: I'm not certain what this has to do with the matter at hand or if I'm obligated to say. I did pay market rate. Henry Iwerks: (Recited the criteria under 10-8-7(D)) Adm. Thompson: It appears the house meets all the criteria but it will be up to the Planning Commission to decide. CIn. Fitch: Going back to Mr. Randall's question; if we change the ordinance tonight, will it be retroactive? Atty Grannis: The hearing may be held tomorrow night. If you don't change it, he will have to apply for a conditional use permit. CIn. Ristow: And he would have to provide an abstractor's list of owners of property within 350 feet? Adm. Thompson: Yes. Pat Akin: I'm not sure what effect the previous action by the Planning Commission had. Adm. Thompson: Since it appears the Council is going to require a public hearing in the ordinance change, the previous action is null and void. Pat Akin: One of the problems I have is the legal notices not being very clear. CIn. Ristow: I would agree. That can be changed in the future. l.l I' SO, really, what we are considering is not to approve or disapprove Mr. Randall's permit, but if the public to adjacent property owners or owners within 350 feet? Adm. Thompson: hearing notice should be sent Adm. Thompson: Correct. CIn. Ristow: I would like to see a refund given to people who applied for moving a building this year (after January 1, 1995) Mayor Kuchera: Why the 350 feet? Adm. Thompson: It is required by State Law for all conditional use permits. CIn. Galler: It appears the ordinance change would expedite the process which is consistent with my philosophy. Council Minutes 8/7/95 - Page 7 em. Ristow: The Planning Commission retains the authority to make the decision. Really it's the Developer's decision I would like to have the process streamlined and the cost eliminated. regarding marketability. of the abstractor's list Pat Akin: The house is going to lessen the value of the homes in the area. How do you know if the house meets or exceeds the values? Atty. Grannis: That is up to the Planning Commission to decide. Henry Iwerks: I would like to point out that the Zoning ordinance provides for a $500 fine or by imprisonment not to exceed 90 days or both for violation of the code. Who determines if the structure meets the zoning criteria? Adm. Thompson: The Planning Commission, they are the Board of Adjustment. Pat Akin: You're between a rock and a hard place. You should be making the decision, not the Planning Commission. Henry Iwerks: When the realtor sells a lot in East Farmington, does he get a commission? em. Galler: The City wouldn't know. It's really not our business. MOTION by Galler, second by Ristow to close the hearing. APIF, MOTION CARRIED. MOTION by Galler, second by Ristow to adopt ORDINANCE NO. 095-357 amending the relocated structure ordinance relating to public hearing requirements and deleting Section 10-6-16 (Relocated Structures), and persons be refunded the cost of an abstractor's certificate if the application was received after January I, 1995. APIF, MOTION CARRIED. 14. Dairy Queen Screening r Attorney Grannis proposed two options; either accept the screening as it is, or direct staff to pursue restoring the screening. It was the consensus of the Council that the screening is to be restored and Attorney Grannis is directed to pursue the matter. If natural screening is used, Councilmember Ristow suggested it be maintained at seven feet in height. 15. Southeast Area Storm Sewer - TH. 3 Branch Administrator Thompson notified the Council that it appeared a deal had been struck. Engineer Kaldunski ~ndicated that timing was important and the City was looking at late Fall for construction. 16. "T" Intersections in Alleys (8/2/95 memo) of way. It was the consensus of the Council not to pursue acquisition of right Council Minutes - 8/7/95 - Page 8 17. Councilmember Fitch commented that Engineer Kaldunski made an excellent presentation at the Castle Rock informational meeting on Ash Street utilities. 18. Deer Meadow Plat Waiver (8/2/95 memo) MOTION by Ristow, second by Kuchera to approve the waiver of platting as submitted. APIF, MOTION CARRIED. 19. Ash Street Feasibility Report An overview was presented by Engineer Kaldunski. The following questions/comments were heard: . Homes east of TH. 3 don't seem very interested. . If you want service, you have to annex into the City. . Stay away from drainfieldsi it may be best to go along the back. . Alignment options. . Water trunks - better water - who pays for it. . Street lights/boulevards. . Fairground ponds. . Fiscal review needed. . Castle Rock residents were in favor at a reasonable cost. . Storm sewer lateral assessment versus trunk costs covered by quarterly fees. MOTION by Ristow, second by Kuchera to adopt RESOLUTION NO. R89-95 accepting the feasibility report and ordering a public hearing for September 18, 1995 at 7:30 P.M. regarding Project No. 95-20 (Ash Street Utility and Street Improvements and Phase 3 of the prairie Waterway. APIF, MOTION CARRIED. MOTION by Fitch, second by Galler to adopt RESOLUTION NO. R90-95 accepting the bids for Project 95-2 - Spruce Street Access. APIF, MOTION CARRIED II f f 20. Request for Stop Sign at Upper 183rd and 184th Streets MOTION by Fitch, second by Gamer to approve the recommendation of the Police Chief dated July 28, 1995. APIF, MOTION CARRIED. 21. City Reorganization There was a lengthy discussion regarding the reorganization of the Public Works Department by combiqing Solid Waste and Streets and Utilities. The discussion focused on the need for 2 supervisors and, if they are combined into one position, the process for appointment. The Council reviewed each department with regard to the need for supervisors. It was the consensus that staff research combining Solid Waste and Streets and Utilities, and to have the mechanic report directly to the new supervisor rather than the Public Works Director. Staff was also directed to research the hiring of a consultant to review the City's organizational structure. Council Minutes - 8/7/95 - Page 9 22. Consent of Mortgage for South Suburban First MOTION by Fitch, second by Kuchera to approve the consent of mortgage to filing of plat for South Suburban First Addition. APIF, MOTION CARRIED. 23. Roundtable . Lakeville Zoning - where are mobile home parks going? . Ordinance relating to grass in the back yard. . 160th Street - comments by Commissioner Loeding. 24. MOTION by Fitch, second by Ristow to adjourn at 12:05 A.M.. APIF, MOTION CARRIED. Respectfully submitted, Larry Thompson City Administrator p f'