HomeMy WebLinkAbout09.05.95 Council Minutes
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MINUTES
COUNCIL MEETING
REGULAR
SEPTEMBER 5, 1995
1. Mayor Kuchera called the meeting to order at 7:00 P.M..
Members Present: Kuchera, Galler, Ristow, Gamer, Fitch.
Members Absent: None.
Also Present: Administrative Assistant Finstuen, Attorney Grannis.
2. Mayor Kuchera 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 item 50 - Waiving Rezoning Fees for McCann Property - from Consent for
discussion.
b. Remove item Sf - School/Conference Request for Fire Department Telephone Technique
Seminar - from the agenda.
c. Remove item 5n - Capital Outlay Request for Snow Plow for Solid Waste Multi Tech
Truck - from the agenda.
d. Remove item 5p - Approve Payment of the Bills - for Member Ristow's abstention on
Briggs and Morgan bill.
e. Add item 5q - Personnel Issue.
APIF, MOTION CARRIED.
4. Citizen Comment
Kevin Cook: 5266 193rd Street. Requested help in resolving two issues regarding his
property - storm drainage and lowering sanitary
sewer manhole. Mr. Cook stated that he had spoken with Engineer Kaldunski and had
attempted to contact Jim Stanton, the developer of Akin Park Second Addition. He had
received input from Mr. Kaldunski, however Mr. Stanton had been unresponsive.
Engineer Kaldunski explained the difficulties associated with lowering the manhole
and suggested options to correct the problem on Mr. Cook's property. Mr. Kaldunski
stated that Mr. Stanton would begin correcting the storm drainage problem this week.
He further stated he would continue to work with Mr. Cook to resolve the problem.
Emily Rahn: 18875 pilot Knob Road. Reported that there was a problem with silt
filtering through the silt fence onto her
property and requested that it be corrected. Mr. Kaldunski stated that he would
contact the developer of Nelsen Hills Farm regarding the problem.
Harris Thompson: 21612 Chippendale Avenue. Asked if he would be allowed to build a
second garage on his property to store
his business vehicles. Councilmember Galler explained that since it was a zoning
issue, it would need to go to the Planning Commission. Mr. Harris stated that the
Council Minutes - 9/5/95 - Page 2
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Planning Commission had considered the question recently. It was the consensus of
the Council to place the issue on the next Council agenda and to request staff input.
5. Consent Agenda i
MOTION by Ristow, second by Galler to approve the Consent Agenda as follows:
a. Approve Minutes of August 21st (regular) and August 28th (special).
b. Approve School/Conference Request - Firefighter I Course.
c. Approve Capital Outlay Request - Handheld Radio - Fire Department.
d. Receive/Accept Clarification of Funding for Pool Repairs.
e. Approve School/Conference Request - Minnesota Fire Chiefs Annual Conference.
f. Adopt ORDINANCE NO. 095-358 amending the Sign Ordinance regarding "Sandwich
Boards".
g. Approve Hiring of Part Time Employees at Liquor Store.
h. Receive 1994 Financial Audit.
i. Adopt RESOLUTION NO. R98-95 certifying 1996 preliminary proposed Levy/Budget to
County Auditor.
j. Receive MnDOT Report on Revisions to TH #3 Traffic Signals.
k. Approve payment No. 5 for Project 94-1 (Oak Street Improvements) to Arcon
Construction for $33,515.16.
1. Approve Capital Outlay Request for installation of numbers on solid waste
containers.
m. Approve Personnel Issue.
APIF, MOTION CARRIED.
6. Waiving Rezoning Fees - McCann Property.
Per City Administrator Thompson's memo dated August 29, 1995, it was recommended by
Councilmember Galler to refer the matter back to the HRA. He also questioned the
desirability of rezoning one parcel on a block. It was the consensus of the Council
that the matter be referred back to the HRA and to direct HRA Executive Director
Henricks to notify residents on the block (both sides) of the meeting at which the
issue would be discussed. No further action was taken.
7. Payment of the Bills
MOTION by Galler, second by Fitch to approve the bills as submitted. VOTING FOR:
Kuchera, Galler, Fitch, Gamer. ABSTAIN: Ristow. MOTION CARRIED.
8. Accept Donation of Concrete Floor at Warming House
MOTION by Ristow, second by Gamer to adopt RESOLUTION NO. R99-95 accepting the
donation of concrete for flooring at the new warming house at the Middle School from
Apple Valley Redi-Mix (AVR, Inc.). APIF, MOTION CARRIED. Parks and Recreation
Director Bell will send a letter of thanks to AVR, Inc.
Council Minutes - 9/5/95 - Page 3
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9. Pine Knoll Completion Date
city Engineer Kaldunski stated that the contractor had addressed 5 of the 6 items on
the punch list for this project. He reminded the Council that since the July 15th
deadline had passed, the Council needed to consider charging the $500 per day
liquidated damages. Mr. Kaldunski was requested to bring the final payment for the
pine Knoll project to the next Council meeting for consideration. Mr. Kaldunski
noted that money will be withheld from the final payment to cover liquidated damages.
10. Dairy Queen Screening
City Attorney Grannis stated that he had been in contact with Paul Clemons, owner of
the Dairy Queen, and that Mr. Clemons had been unresponsive to the city's request for
screening between the Dairy Queen property and the west neighboring property.
Attorney Grannis stated that the City could begin legal action since the screening
was a condition of granting the original conditional use permit and gave a brief
overview of what actions could be taken.. It was the consensus of the Council that
Attorney Grannis proceed with action necessary to encourage Mr. Clemons to replace
the screening.
11. Fire Station Expansion
Councilmember Fitch reported that after lengthy discussion, the Finance Committee had
unanimously voted to approve financing the fire station expansion. MOTION by Fitch,
second by Gamer to adopt RESOLUTION NO. R10Q-95 awarding the bid for fire station
expansion to Northfield Construction in the amount of $156,244.00. APIF, MOTION
CARRIED. Fire Chief Kuchera thanked the Council for their support of the expansion.
The Council extended their thanks to Chief Kuchera, Firefighter Troy Corrigan, and
the Fire Department Committee for their work on this project.
12. TH #3 Branch Easement Agreement - prairie waterway/Elm Street
City Engineer Kaldunski gave an overview of where the project stands and stated that
MnDOT was prepared to give approval, however, the project would need to be rebid. No
action was taken on the issue and it was deferred until the next Council meeting.
13. public Hearing - East TH 3 Frontage Road utilities/Spruce Street Access
Mayor Kuchera opened the public hearing scheduled for 7:30 P.M. to consider awarding
the contract and adopting the proposed assessment roll for Project 95-2 (Spruce
Street Access/Budget Mart Utilities). City Engineer Kaldunski presented background
information on the project and noted that an amendment to the Developer's Agreement
for East Farmington .First Addition would be required. The following comments were
heard:
Georgia Anderson: New residents of Eaot Farmington were paying :;;:t, '/08 lem;
for their sanitary sewer than the residents who have lived
here and paid taxes for years.
Council Minutes - Y/5/95 - Page 4
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Eng. Kaldunski: The assessment figure is for $7,295.92 is for sanitary
sewer costs. The East Farmington lot assessment is lower
because the developer can install both sides at once. In the pine Knoll project, the
Council elected to lower the assessment.
em. Ristow:
Is the $7,295.92 figure for sewer only?
Eng. Kaldunski:
Yes.
em. Ristow:
Sienna is paying for the sewer in East Farmington, so the
assessment is lower.
Eng. Kaldunski:
Yes. It is cheaper to do both sides than go down just the
one side on 8th Street.
Georgia Anderson:
We requested to hook up to City sewer a few years ago and
were told we couldn't so we upgraded our septic system.
Now we will have to hook up.
Mayor Kuchera:
Do they have to hook up?
Eng. Kaldunski:
City policy states that properties have to hook up two
years after the service is available.
em. Ristow:
Why couldn't they hook up earlier? Is it because of the
Henderson lift station?
Eng. Kaldunski:
Yes. Also, the cost wasn't feasible at that time
em. Ristow:
Isn't there a 65/35 split of costs for this type of
improvement?
Eng. Kaldunski:
NO, that is on reconstruction projects. This is a new
improvement.
em. Ristow:
In pine Knoll the sewer assessment was reduced to
$4,000.00.
Harris Thompson:
At the last meeting, we were told the cost would be
cheaper; around $6,000.00.
Eng. Kaldunski:
At that time I thought it would be lower, but these
assessment figures are based on the actual bids received.
Harris Thompson:
pine Knoll was only $6,000 and that was for sewer and
roads.
em. Ristow:
will the road be done?
Eng. Kaldunski:
No, only the sewer. The services will be run along the
back lot lines, so the road won't be disturbed
Council Minutes - 9/5/95 - Page 5
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Mike Odens: (Representing Budget Mart) I support the project. We
need the sewer to expand our business to keep up with
growing population. We can understand the desire of the residents to keep the costs
as low as possible and would support any action that would help them.
Nancy Becker:
Why does the sewer need to go behind our houses instead of
straight through like Budget Mart?
Eng. Kaldunski:
It is the cheapest alternative.
Nancy Becker:
Who said we even needed the sewer? Who asked for it?
Eng. Kaldunski:
The Council requested a feasibility study be done for this
project, which included sewer to the homes on the east
frontage road.
Susan poirot:
I own the vacant property next to the Budget Mart. I
can't develop my property without sewer being available.
Emily Rahn:
If people were told they didn't have to hook up to sewer,
can they be grandfathered in?
em. Galler:
The MCSS says that they must hook up within 2 years of
availability.
em. Ristow:
Can only the Budget Mart and the Poi rot property hook up
from the front?
Eng. Kaldunski:
No, only the Budget Mart and Haas property.
Cm. Ristow:
If the residents don't want the service now, can they get
service later? will it cost more?
Eng. Kaldunski:
Yes, and it can be assumed that the cost will probably be
higher.
em. Ristow:
Are the costs of obtaining easements included in the
assessment figures?
Eng. Kaldunski:
Some of the easements were secured with the East
Farmington plat. Any others needing to be acquired would
raise the figures.
em. Fitch:
The East Farmington easements are permanent easements?
Eng. Kaldunski:
Yes.
em. Ristow:
So the figures given are not true costs?
Eng. Kaldunski:
The figures do not include Lhe cosL of ci1sclIlcnLs.
em. Fitch:
What is the cost of acquiring easements and how large an
easement is required?
Council Minutes - 9/5/95 - Page 6
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Atty. Grannis:
The Anderson and Haas easements would be twenty foot
easements.
Cm. Galler:
Would the contingency for the project cover the costs of
easements?
Eng. Kaldunski:
Yes.
em. Galler:
If we adopt the assessment roll tonight, and there are
changes, the assessed amounts can only go down, not up.
Mayor Kuchera:
Are there any plans to do anything with the water service
or looping so there aren't any dead end mains?
Eng. Kaldunski:
Most of these properties have water. There are plans for
a loop on Larch Street.
Nancy Becker:
If we can't afford to pay the whole assessment, is
interest added on each year it is unpaid?
em. Galler:
Yes. In pine Knoll the assessment was spread over 15
years instead of 10.
Fin. Dir. Henneke:
We normally apply 8% interest which 1S one and one half
percent over the prime.
Cm. Fitch:
Budget Mart and the poirot property could get sewer
without the others?
Eng. Kaldunski:
Budget Mart could, Ms. Poi rot could not.
em. Ristow:
To be consistent, it's a 65/35 split.
em. Galler:
The only time the policy was changed was in Pine Knoll.
Eng. Kaldunski:
Mr. Haas died recently and we have not heard from his
estate.
Rod Hardy: (Sienna) We are negotiating with the Haas estate. We
would grant an easement to the City for the project.
(Provide Engineer Kaldunski with a breakdown of cost estimates for sewer to East
Farmington project.)
em. Ristow:
We are about $1300 higher than the cost to East Farmington
lots.
em. Fitch:
(Asked Finance Director Henneke if the City had funding
available. )
Fin. Dir. Henneke: A financial analysis would have to be done. Is it fair
that other residents pay for a portion of these residents'
property benefit? I paid for my sewer assessment.
Council Minutes - 9/5/95 - Page 7
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em. Galler: If the residents
a way to work it
paid by the people affected by the project.
All residents should be treated equally.
can't pay the assessment, maybe there is
out. I believe assessments should be
The City shouldn't change its policy.
em. Ristow:
If these four residents don't participate in the project,
does it raise the cost to the others who wish to have the
project done?
Harris Thompson:
I wouldn't mind having the sewer, but the cost is too
high. Tom said it would be $6,000.
Mayor Kuchera:
He explained that the bids came in higher. It 1S unusual
because Tom usually figures high.
Eng. Kaldunski:
The back yard portion of the bids are higher on all bids
received.
Mayor Kuchera:
If the sewer goes by Mrs. Anderson's and she doesn't hook
up, does she have to pay?
Atty. Grannis:
Yes, the assessments still go on the property.
Susan poirot:
Is it entirely impossible for me to get sewer without all
of the properties being included? Is there a way to get
it through Budget Mart?
Atty. Grannis:
You could sign an assessment agreement waiving your rights
to appeal the assessment, if the costs were feasible and
acceptable to you.
Eng. Ka1dunski:
There is a possibility of getting it from 9th Street.
Mike Odens: Budget Mart is caught in a "Catch 22". We need to
redevelop our property to meet the growing population, but
can't redevelop without adequate sewer.
em. Galler:
How long are the bids good for? What happens to the
properties that don't choose to have the project done now?
Eng. Kaldunski:
I'm not sure of the exact date, but it needs to be acted
upon soon. The cost of doing the same work would probably
be higher later.
em. Galler:
(To residents)
okay?
If you are not included, would that be
Harris Thompson:
I want the sewer but not at this price.
Nancy Becker:
We Dhouldn't have to pay more than the Sicnna propertics.
Dan Mingo:
Why don't you ask me how much I'm willing to pay? I live
at 24 Spruce street and I don't want to pay for someone
else's sewer.
Council Minutes - 9/5/95 - Page 8
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MOTION by Galler, second by Gamer to close the public hearing. APIF, MOTION CARRIED.
Discussion followed regarding the Spruce Street Access portion of the project.
Engineer Kaldunski explained the cost differences and stated that additional funding
would be needed from the Road and Bridge Fund. A lengthy discussion followed
regarding various options regarding adoption of the assessments for the project,
including the sale of properties without sanitary sewer, the assessment precedent set
in pine Knoll, clarification of options for residents declining participation in
project. MOTION by Galler, second by Fitch to adopt RESOLUTION NO. R101-95 awarding
Alternate Bids 2 and 3 only. APIF, MOTION CARRIED. MOTION by Galler, second by
Gamer to adopt RESOLUTION NO. R102-95 adopting the assessment roll for Project 95-2
but eliminating the Anderson, Thompson, and 2 Becker properties. APIF, MOTION
CARRIED. MOTION by Galler, second by Fitch to adopt RESOLUTION NO. R103-95 approving
Amendment No. 3 to the Development Agreement for East Farmington First Addition.
APIF, MOTION CARRIED. The residents who were opposed to the assessment stated that
they had no choice and would have to accept the project and the assessment but felt
they should be dealt with in the same manner as residents of pine Knoll and have
their assessment reduced. Attorney Grannis explained that they could file an appeal
of assessment with the Mayor or Administrative Assistant before the end of the
meeting and, within 30 days, file a petition with the district court. MOTION by
Galler, second by Fitch to adopt RESOLUTION NO. R104-95 awarding the contract for the
base bid for Project 95-2. APIF, MOTION CARRIED. MOTION by Galler, second by
Kuchera to adopt RESOLUTION NO. R105-95 approving an assessment roll for Project 95-2
for the remaining 4 properties contingent upon receiving an easement from Georgia
Anderson. APIF, MOTION CARRIED.
14. The Council took a 5 minute recess.
15. Pilot Knob Road Extension
Dave Everds, Dakota County Highway Engineer, presented background information and
introduced Gary Erickson and Brad Skow, project engineers. He explained that the
road was being planned with a 20 year future design, explained design options,
location of signals and trails. Many questions and comments were heard regarding a
variety of issues. A synopsis of those questions/comments follows:
Speed - Set by State. The County makes recommendations/requests, but actual speed is
set by the State.
Signals - Planned at 182nd, 190th and CSAH 50. Conduit will be placed at other
locations in anticipation of future signal installations.
Easements - No additional easements or right of way acquisition will be needed from
195th Street to 190th Street. If the road needs to be widened to four lanes, the
change could be accommodated within the 120 foot right of way.
Medians - Grass medians with raised curbs; some narrower medians are concrete.
Drainage to the outside.
Effect on School - possible fencing along school side. Cross walks with crossing
guards during school hours. Safety education programs in school. Flashing crossing
zones have proved ineffective.
Council Minutes - 9/5/95 - Page 9
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citizen Comments
Speed has been addressed, safety has not. Medians will create turning problems for
people along pilot Knob.
Medians are safer than no medians. County has access spacing guidelines they must
follow. The County will build walking path on west side; city should consider
building one on east side.
What about areas that are wetlands? Where will water go?
County must follow state laws. A positive outlet for the water will be found.
councilmember Galler should abstain from voting on issue because he stands to benefit
both financially and aesthetically from project.
No vote is required.
How will students cross the road?
School crossing guards. possible fence along school property.
If a two lane road is acceptable, why not just continue using existing pilot Knob?
30% of traffic will move to new road, 60% will remain on existing road. This trend
will continue as population and area continue to grow. This road serves more than
just Farmington residents.
How did Essex Avenue become County Road 31?
The County has a street naming policy, the City requested the name be changed to
pilot Knob.
Will setbacks for future developments be changed from 20 feet to 50 feet so that this
won't happen again? Has discussed this with City Planner.
Where will construction start? How will it be phased to prevent traffic snarls?
It will be done as one project. A study will be done to assure construction takes
place in a logical manner. Detours will be determined to help traffic flow. The
road will be shifted to accommodate the cemetery on 160th street. Elevations of road
near gravel pit will be determined.
How high will bridge through wetlands be?
It isn't anticipated. It will probably be a filled roadway with culverts.
Roadway will be within 40 feet of some houses. Why was this allowed? will County
purchase homes?
setback requirements changed through the years.
County will not allow a property to remain if it
project.
The County does buy homes. The
becomes uninhabitable due to
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Council Minutes - 9/5/95 - Page 10
The City knew this road was going to be built. Why weren't new residents informed?
Several residents responded by stating that they had called the City and were
informed of the road.
Is this meeting a waste of time? Is this a "done deal"?
There have been a series of meetings to receive input on this project. This is a
joint City/County project, so if the City is not interested in participating, it
needs to inform the County soon.
Assessments?
If there are any assessments for the project, an assessment hearing must be held.
Businesses in the Industrial Park need this road for access to their markets. Future
development in the Industrial Park is contingent upon this new alignment.
Are there any plans for screening or noise barriers?
City tree nursery has 2" caliper trees which could be used. Perhaps the construction
of a 6 to 8 foot high fence on public right of way could be assessed to homeowners
along the road.
What remains to be done before project is given the go ahead?
EAW must be performed, appraisals of property. Bids need to be let. project
scheduled for next summer. There are no more meetings scheduled by the County. The
City and County need to enter into a construction agreement. City will stake
property corners, consider screening, consider assessments south of 195th Street.
16. Southeast Sanitary Sewer Easement Agreement - Ristow/Corinthian Cemetery
Discussion took place regarding the waiving of future fees. It was noted that these
agreements were similar to those already approved by the Council for other properties
in the project area. MOTION by Fitch, second by Gamer to adopt RESOLUTION NO. R106-
95 approving the Southeast Sanitary Sewer Easement Agreement with Gerald Ristow and
RESOLUTION NO. R107-95 approving the Southeast Sanitary Sewer Easement Agreement with
the Corinthian Cemetery. VOTING FOR: Fitch, Gamer, Galler, Kuchera. ABSTAIN:
Ristow. MOTION CARRIED.
17. Objections to the assessments for Project 95-2 - Budget Mart utilities/Spruce
Street Access - were received from 4 property owners in the project area.
18. Chamber Request - Economic Development Director
No representatives from the Chamber were present to discuss the request. It was
noted that the City was not considering eliminating the position at the present time.
It was suggested the item be placed on the next Council agenda only if requested by
the Chamber.
Council Minutes - 9/5/95 - Page 11
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19. Roundtable
a. Discuss request for Peddler Permit - Painting house numbers on curbs. Okay if
done in a consistent, professional manner throughout City.
20. MOTION by Fitch, second by Galler to adjourn at 11:40 P.M.. APIF, MOTION
CARRIED.
Submitted by,
Karen Finstuen
Administrative Assistant