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HomeMy WebLinkAbout09.18.95 Council Minutes I " " MINUTES COUNCIL MEETING REGULAR SEPTEMBER 18, 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: Interim City Administrator 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. Item 5b - Cooperative Agreement with MnDOT for TH 3 Drainage - remove from Consent for discussion. b. Item 5c - Rebidding of TH 3 Drainage Improvement project - remove from Consent for discussion. c. Item 5j - Resignation of PARAC member - remove from Consent for discussion. d. Item 5u - Remove TIF #11 from item but keep TIF #10. e. Item 9b - Pool Repairs - remove from agenda. f. Add Items 14a (Fall Clean Up Day Recycling Agreement) and 14b (police School/Conference Request) to the Consent Agenda g. Consider the Chamber request regarding Economic Development Director position earlier in the meeting if possible. APIF, MOTION CARRIED. 4. Citizen Comments Laura Adelmann: Representing SOAR, Inc. (Stop Our Airport Relocation). Introduced Commissioner Joe Harris. Requested the Council adopt a resolution affirming opposition to the relocation of the metropolitan airport and to also support opposition of "land banking" for future airport expansion. City Attorney Grannis stated that the Council could add this item to the agenda and adopt the resolution if it chose to do so. MOTION by Galler, second by Fitch to add consideration of the proposed resolution to Petitions, Requests and Communications. APIF, MOTION CARRIED. Susan Murnane: Asked whether the City had decided to go ahead with the County Road 31 relocation project. She stated she had a petition signed by concerned citizens in the area requesting the City not go ahead with the project. Commissioner Harris stated that the County was moving ahead with the preparation of plans and that the project was proposed to be let out for bids in the spring of 1996. Councilmember Galler explained that the only actions required by the Council was the signing of a cooperative agreement with the County and to determine financing. He stated further that this action would take place after the plans were finished. Engineer Kaldunski stated that he and an engineer from the County's consulting firm had met with residents in the project area to discuss their concerns. Council Minutes 9/18/95 - Page 2 Ken Chinn: Stated that he felt there was a great deal of "double talk" being done. He stated he had given comments at a previous meeting held at Dakota Electric which had been ignored. He listed the following concerns: a. The proposed 2 lane road is as wide as the proposed 4 lane had been. b. The grade of the road has not yet been determined and the proposed 7 feet above elevation would be too high. c. The bike path is right on the property lines - these homes would have no privacy. The City moved. the path at Lake Julia, can it adjust the location of this bikepath? d. Why can't the existing County Road 31 be upgraded and used? Fewer residents would be affected. Only six residents along current CR 31 don't have turnarounds. e. Why not open up 195th Street from County Road 31 to Cedar Avenue to ease traffic? f. Does not believe the Industrial Park will be negatively affected if the project doesn't go through. Tom O'Malley: Requested the City Council retain the Economic Development Director position. Greg Feely: Representing Farmington Youth Hockey Association. Presented first donation check toward the new warming house. He thanked the Council and City for their help with the project and stated that it was on track for use this winter. Mayor Kuchera expressed gratitude to FYHA on behalf of the Council for their cash donation and the work on the project. MOTION by Galler, second by Kuchera to adopt RESOLUTION NO. R109-95 accepting donation of $7,500 from Farmington Youth Hockey Association for the Middle School Warming House Project. APIF, MOTION CARRIED . fI.~;t R\O'io. -C\? 5. MOTION by Galler, second by Gamer to^approv~~ cooperative agreement with MnDOT for the Trunk Highway 3 Drainage Project. VOTING FOR: Kuchera, Gamer, Galler, Fitch. ABSTAIN: Ristow. MOTION CARRIED. MOTION by Galler, second by Gamer to adopt RESOLUTION NO. R108-95 authorizing the rebidding of the Trunk Highway 3 Drainage Improvement Project. VOTING FOR: Kuchera, Gamer, Galler, Fitch. ABSTAIN: Ristow. MOTION CARRIED. 6. Consent Agenda MOTION by Ristow, second by Galler to approve the Consent Agenda as follows: a. Approve Minutes - 9/5 (Regular) and 9/11 (Special) meetings. b. Approve Change Order #1 - Spruce Street Access - project 95-2 c. Approve Change Order #5 - Oak Street Improvements - Project 94-1 d. Approve Final Payment - Motor Grader Purchase e. Adopt RESOLUTION NO. R110-95 accepting a Justice Department Grant for hiring a new patrol officer. f. Adopt RESOLUTIONINO. Rlll-95 approving application for Landfill Abatement Funding g. Approve Capital Outlay Request - Snow Plow for Multi-Tech Truck for Solid Waste h. Approve Appliance Recycling Agreement for Fall Clean Up Day - JR's Appliance i. Adopt RESOLUTION NO. Rl12-95 approving submittal of application for grant funds to Mighty Ducks j. Approve School/Conference Request - EMT Refresher Course - Rescue Squad k. Approve Budget Adjustments Council Minutes - 9/18/95 - Page 3 141 1. Adopt RESOLUTION NO. Rl13-95 amending Fire Cataract By-Laws for 1996 - $1,600/man/year m. Approve 1995 Budget Transfers n. Approve Funding of Deficit Funds o. Approve Capital Outlay Request - Computer and Printer for Finance p. Set Public Hearing for October 2, 1995 to consider zoning Code Amendment - zoning of Newly Annexed Property q. Set Public Hearing for October 16, 1995 to consider approving Tax Increment Financing District #10 r. Approve School/Conference Request - Management Academy - Various Departments s. Approve payment of the Bills as submitted. APIF, MOTION CARRIED. 7. Vacancy on PARAC Member Galler asked whether or not the Council wished to set a special meeting to interview candidates for the PARAC seat. He suggested that the Council may wish to wait to set a meeting until it was determined how many applicants there would be and, depending on the number, include the interviews with a scheduled meeting. It was the consensus of the Council to place an ad seeking applicants in the newspaper and consider setting up interviews after applications were received. MOTION by Fitch, second by Galler to accept the resignation of John Smithson from the Parks and Recreation Advisory Commission. APIF, MOTION CARRIED. The Council expressed their gratitude to Mr. Smithson for his service on the Commission. 8. SOAR, Inc. Resolution MOTION by Galler, second by Kuchera to adopt RESOLUTION NO. Rl13a-95 reaffirming the City's opposition to the relocation of the Metropolitan Airport onto prime agricultural land and opposing land banking for airport relocation purposes. APIF, MOTION CARRIED. 9. pine Knoll Project Completion Update City Engineer Kaldunski gave an overview of the Contractor's performance in completing the project items which still needed attention. He stated that the Contractor had completed the work which had been requested and, therefore, he was requesting the Council approve the payment to S.M. Hentges after determining how much should be charged in liquidated damages. Several questions were raised regarding the slope in the Shea's ditch, the Terpening retaining wall, the quality of seed used in the revegetation. It was determined that the $425.00 for the Terpening retaining wall should be withheld, along with $3,000 in liquidated damages. MOTION by Kuchera, second by Galler to approve the payment to S.M. Hentges, less the $3,425.00 in liquidated damages. APIF, MOTION CARRIED. 10. 1995 Seal Coat Project Assessment Hearing Mayor Kuchera opened the assessment hearing scheduled for 7:30 P.M.. Members Fitch and Ristow excused themselves from the Council table during the hearing. A question was raised regarding the assessment charged to Arvid Honrud. It was noted that the ',7"c"~"I'~'_~, ',~::C';':lj~&:;-fSI 1 /f "'.. . " '~..J Council Minutes - 9/18/95 - Page 4 assessment was based on City policy and was for the short side of the Honrud lot, which faced Seventh Street. The assessment was lowered for those properties in the assessment area that were seal coated in 1991. The properties were seal coated again this year in order to achieve the City's 7 year rotation schedule, however, they weren't assessed in 1991. Bill Terpening was present representing the Faith Methodist Church and requested that the church be assessed as only one buildable lot. He stated further that the Council had set the precedent in pine Knoll that if a lot had only one sewer stub, it was assessed as a single lot. Councilmember Galler explained that Pine Knoll was an exception to City policy due to the financial constraints of the residents in the area, and asked how the City had assessed churches on other projects. City Engineer Kaldunski stated that the City had assessed other churches on a per buildable lot basis, regardless of having only one sewer stub. Mr. Terpening wrote an appeal of the assessment on behalf of the church and delivered it to the Council. There were no further comments on the seal coat. MOTION by Galler, second by Gamer to close the public hearing. APIF, MOTION CARRIED. MOTION by Galler, second by Gamer to adopt RESOLUTION NO. R114-95 adopting the assessment roll for Project 95-4 - 1995 Seal Coating - and lowering the Honrud assessment to $29.43. APIF, MOTION CARRIED. Engineer Kaldunski was directed to contact Mr. Honrud regarding his assessment. 11. Members Ristow and Fitch returned to their seats at the Council table. 12. Ash Street Improvement Project Input Hearing Engineer Kaldunski stated that the purpose of the meeting was to both inform residents of the various aspects of the project and to receive their input on the project. He went on to state that the County was responsible for the road improvements and the City would be performing the utility work. He also informed those present that the County would be holding an input meeting on October 17th from 4:00 to 7:30 P.M. at the Dakota Electric building. Mr. Kaldunski explained various aspects of the project including correction of storm drainage problems at 6th and Ash and Fairview Lane and Sunnyside Drive; the possibility of abandoning the Hunter lift station, the different levels of completion of the phases of the prairie Waterway; the installation of holding ponds; preservation of wetlands; installation of trunk water main and looping of water in the Highland Circle area of Castle Rock Township. The discussion was then opened to questions and comments from those in attendance. The following is a synopsis of those comments. Will the project be done whether annexation takes place or not? The County will do the road improvements, however, the utility improvements would not be done. Once the road has been improved, it would be a long time before it would be torn up to install utilities. The City would not install utilities unless the affected Castle Rock Township residents would agree to be annexed after the project was complete. The reasoning behind waiting for the project to be completed before annexation takes place is to take advantage of County financing. If the project is done before annexation, the County will pay for 100\ of the Township portion of the road work, whereas the costs of the road improvement would be split 45\ City/55\ County after annexation. Council Minutes - 9/18/95 - Page 5 143 Wetland Mitigation/preservation DNR permits will be necessary for work done in designated wetland areas. Some properties in the area may not be able to be served with utilities due to proximity to wetland areas. The groundwater elevations of designated wetlands must be maintained or wetland mitigation must occur. ponding will be created. Questions regarding the Dakota County Fair Board filling of the existing pond on Fairground property need to be researched to determine Fair Board liability for replacement. Assessments to Project Area The Water Board would have to pay for any water main trunk oversizing. They have yet to decide whether or not they would undertake this portion of the project. The street improvement portion of the project that is currently within City jurisdiction is assessable. Of the 45% of the cost which is the City's responsibility, policy assesses 25%. The City would be responsible for the cost of all utility improvements on the project and those would be assessed per City assessment policy. Benefit must be proved when determining assessable costs. Easements If the County needs right of way for bike trails and easements for road work, they would pay for those costs. The City would be responsible for easement required for utility improvements. Project Area Annexation It was clarified that east of Highway 3 was not included in the negotiations for annexation. The west side of Highway 3 was included due to the Ash Street project. The majority of the affected residents (51%) need to agree to annexation for utility portion of the project to go ahead. Location of Utilities/Services A private contractor would be best able to determine the installation of individual services. The intersection of Highway 3 and Highway 50 will not be disturbed since the utilities will be jacked under the roadway. Most trees along project would not sustain damage from the utility work, unless they are shallow rooted varieties which could then be susceptible to damage. It would be more cost feasible to install sanitary sewer on south side of TH 3 due to existing water main on north side. The City Council and City Engineer were complimented by members of the audience for the manner in which the meeting was conducted. The Mayor returned the compliment and thanked the audience for the manner in which they conducted themselves. It was the consensus of the Council to keep the project on track and that the Finance Committee would need to review the project for funding sources. It was suggested that this topic be brought back to the next Council meeting if possible. It was also noted that it was important to keep the public informed of upcoming meetings. ) 44 Council Minutes - 9/18/95 - Page 6 13. Harris Thompson Request for Accessory Building Planner Tooker explained that, although the Council was sympathetic to Mr. Thompson's request, there were zoning problems associated with accommodating it. Several options were offered, however, it was agreed that the situation was not easily remedied. Mr. Thompson stated that he was not in favor of rezoning the property because he feared a possible property tax increase. Councilmember Galler suggested that Mr. Thompson contact the Dakota County Assessor's office to determine if, indeed, his taxes would go up. It was noted that it was feasible to split the existing garage and adding 500 square feet and remain within the parameters of the zoning ordinance.' Mr. Thompson was asked to consider his options and return with either a conditional use or rezoning request. 14. Chamber Request to Retain Economic Development Director position Marilyn Weinhold of the Chamber of Commerce presented the Chamber's request to fund the Economic Development Director position in the 1996 City Budget. Several members of the business community were present to express their belief that the position was extremely valuable to the business community. They stated that they appreciated the Council's stance on maintaining a hold on tax increases, but without professional leadership in acquiring and keeping industrial/commercial growth, taxes will increase for residents anyway. The Council noted that they understood the importance of the position and were currently working on the 1996 Budget. It was also noted that they Council didn't want to lose the good communication between City and business that had been established by former City Administrator Thompson and HRA Director Henricks. It was also acknowledged that negative comments regarding the City, whether true or not, were "out there" and needed to be dealt with because they can damage the City's reputation very quickly. 15. The Council took a five minute recess. 16. prairie Waterway/Elm Street - TH #3 Branch Easement Agreement The agreement had not been received so no action was necessary at this meeting. Funding for the project from MnDOT was good for the full fiscal year, so it was not a problem to wait to construct the project until the spring of 1996. Engineer Kaldunski also noted that now was a good time to go out for bids, since they would probably be more favorable. 17. Process for Hiring City Administrator Councilmember Galler presented information on two companies from whom he had received proposals to conduct the hiring process. It was the consensus of the Council that they meet with both companies immediately following the HRA meeting on September 25, 1995. Member Gallen will contact the two companies and set up the interviews. 18. Consultant for Regular Informational Ad in Independent Interim City Administrator Finstuen presented an overview of the requirements to produce a professional and informational product. She also noted that staff time to prepare such a document was limited and, therefore, hiring a consultant should be Council Minutes - 9/18/95 - Page 7 '145 considered. with that goal, two proposals were MOTION by Galler, second by Fitch to hire David month basis, with a 30 day cancellation clause. presented for Council consideration. Schreier as consultant on a month to APIF, MOTION CARRIED. 19. Roundtable a. Snowmobile Task Force should be set up before season begins. b. Civil defense sirens were discussed. They were cut from budget but should be reviewed by Finance Committee. 20. MOTION by Galler, second by Fitch to adjourn at 10:25 P.M.. APIF, MOTION CARRIED. Submitted by, &6,u--- ~v'A~. Karen Finstuen Interim City Administrator Approved - . C " ,"rt."~:'~""7.~'.:~~"' C"'. 0: Tf'~ ", '.-