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HomeMy WebLinkAbout11.06.95 Council Minutes MINUTES COUNCIL MEETING REGULAR NOVEMBER 6, 1995 1. Mayor Kuchera called the meeting to order at 7:10 P.M.. Members Present: Kuchera, Galler, Ristow, Gamer, Fitch. Members Absent: None. Also Present: Interim City Administrator Finstuen, Attorney Lehman. 2. The Mayor led the Council and audience in the Pledge of Allegiance. 3. MOTION by Galler, second by Ristow to approve the agenda as follows: a. Remove item Sf - Final Payment for Automated Solid Waste Vehicle - from the agenda. b. Remove item 51 - Approve Budget Adjustments - from the agenda. c. Remove item 5t - School/Conference Request for Fire Department EMS Conference - from the agenda. d. Remove item 5w - Payment of the Bills - from Consent for discussion. e. Remove item lOb - Request to Forgive Capitalized Interest for City Center - from the agenda. f. Add item 14a - James Pluntz Conditional Use Discussion - to the agenda. APIF, MOTION CARRIED. 4. Citizen Comment Ed Nelson: Requested information on the amount of money the HRA has borrowed from the City, how much had been paid back, and whether interest had been charged. Finance Director Henneke stated that yes interest was charged and that he would review City records and respond to Mr. Nelson's request as quickly as possible. Mr. Nelson questioned whether any progress was being made on the Exchange Bank Building. Councilmember Galler briefly reviewed the status of the project. Mr. Nelson expressed his opinion that the new City Administrator should take part in the hiring of the Economic Development Director. Emily Rahn: Expressed her concern regarding the bike trail south of her property being used for vehicle traffic by both residents and builders. The installation of some type of barrier to control this practice was discussed. City Engineer Kaldunski, Police Chief Siebenaler and Parks and Recreation Director Bell will look into the matter and determine an appropriate solution. It was also noted that snow removal methods should be taken into consideration when planning the barrier. Henry Iwerks: Stated that past Councils had not listened to the citizens. He ques~ioned the timing of the advertisement for the position, the short time frame for receiving applications and the need to thoroughly review the qualifications. He stated he was still waiting for information he had requested previously on the library project and industrial park. He also raised questions regarding Council representation for the Spruce Street improvement project for property owners east of Trunk Highway 3. .'~.7'1~~~;'~~-::"7':'.~~~:"I' ~ ?2Council Minutes - 11/6/95 - Page 2 5 . CONSENT AGENDA MOTION by Ristow, second by Gamer to approve the Consent Agenda as follows: a. Approve Minutes - 10/l0/95 (Special), 10/16/95 (Regular), 10/23/95 (Special) b. Approve topics for the November half page article in the Independent. c. Proclaim November 13-19, 1995 as Chemical Health Week. d. Approve the annual salt contract with Cargill. e. Deny the installation of a stop sign at 180th Street and Elgin Avenue. f. Approve the annual snow removal agreement with MnDOT. g. Adopt RESOLUTION NO. R121-95 approving an agreement with MnDOT for Traffic Signal Pre-emption. h. Approve the payment for the 1 1/2 ton Public Works truck. i. Accept the update on the City's MSA funding status. j. Approve a payment to the Water Board for fees relating to the Southeast Area Sanitary Sewer - Project 93-15. k. Acknowledge receipt of LMC Financial Needs Report for City street system. 1. Adopt RESOLUTION NO. R122-95 ordering a feasibility report for Project 96-1 - Main Street Improvements m. Adopt RESOLUTION NO. R123-95 ordering a feasibility report for Project 96-2 _ Henderson Area Storm Sewer System. n. Approve capital outlay request for a Fire Department washer and extractor. o. Approve the trade in of Fire Department self contained breathing apparatus. p. Adopt RESOLUTION NO. R124-95 accepting donation from Farmington Beautification Committee. q. Approve the 1995/1996 Snow Removal POlicy. r. Approve joining the Drug and Alcohol Testing Consortium. s. Approve cancellation of the November 20, 1995 public hearing for consideration of TIF District #11 - Lexington Standard. APIF, MOTION CARRIED. 6. MOTION by Galler, second by Fitch to approve the bills. VOTING FOR: Galler, Fitch, Gamer, Kuchera. ABSTAIN: Ristow. MOTION CARRIED. 7. Metropolitan Livable Communities Act City Planner Tooker presented background information regarding electing to participate in this program. Mr. Tooker explained that although participation in the program was not mandatory, future funding and MUSA expansion for the City were being used as "carrots" to entice participation. He also recommended that the time period for participation be changed from 14 years to a 5 year period to match the City's CIP time frame. Participation would be decided on an annual basis. MOTION by Ristow, second by Galler to adopt RESOLUTION NO. Rl25-95 electing to participate in the Metropolitan Livable Communities Local Housing Incentive Program. APIF, MOTION CARRIED. 8. Public Hearings Mayor Kuchera opened the following public hearings scheduled for 7:30 P.M.: a. Comprehensive Plan Amendment - Expand MUSA - Emma Pohl's sewer service. b. Consider Various Petitions for Annexation from Empire Township Property Owners. c. Consider Amending Nelsen Hills Farm PUD Council Minutes - 11/6/95 - Page 3 MUSA Expansion - Emma pohl Planner Tooker presented the background on the MUSA expansion request and stated that he believed the Metropolitan Council would probably not comment on the request due to the failing septic system. Mayor Kuchera asked for public comment. There was no response. MOTION by Galler, second by Ristow to close the public hearing. APIF, MOTION CARRIED. Member Ristow asked the City Attorney for clarification as to whether the Council needed to discuss Ms. Pohl's annexation request scheduled for later in this me~ting prior to voting on the MUSA expansion. Attorney Lehman stated that waiting was not necessary, since the sewer would not be extended until the annexation process was completed. MOTION by Galler, second by Fitch to adopt RESOLUTION NO. R126-95 amending the Farmington Comprehensive Plan by extending MUSA to the Emma pohl property, pending approval of the Metropolitan Council and completion of the property annexation process. APIF, MOTION CARRIED. Annexation Petitions - Various Properties in Empire Township Planner Tooker described the parcels and Mayor Kuchera read the list of names requesting annexation. It was noted that the Schultz's and Brekke's had not filed their petitions in time for inclusion in the hearing notice which appeared in the paper. If no one present objected, they could be considered, however, it was felt that a public hearing should be set should the Municipal Board require it. There were no objections raised by anyone in the audience. Mayor Kuchera asked if anyone present wished to withdraw their petition for annexation. There was no response. Mayor Kuchera asked if any of the petitioners had any comments. Again, there was no response. Nor was there any response when the Mayor asked for any public comment. MOTION by Fitch, second by Gamer to close the public hearing. APIF, MOTION CARRIED. It was the consensus of the Council to consider the requests separately in the following order: 213th/Pohl properties as one, and then the Severson/Sprute and Seed Family Trust requests. MOTION by Galler, second by Gamer to adopt ORDINANCE NO. 095- 361 approving the annexation petitions for Emma Pohl, Jacqueline Franke, the Palmer Weflen Estate, Brad and Linda Bauer, Herman Olson, Devere and Joyce Brekke*, and Jerry and Elaine Schultz*. (* Pending waiving of hearing notice requirements by Municipal Board). APIF, MOTION CARRIED. Member Ristow vacated his seat at the Council table. MOTION by Galler, second by Gamer to adopt ORDINANCE NO. 095-362 approving the annexation petition of Gerald Ristow. VOTING FOR: Galler, Fitch, Gamer, Kuchera. ABSTAIN: Ristow. MOTION CARRIED. Councilmember Ristow returned to his seat at the Council table. The Council next considered the petitions for annexation from the Seed Family Trust and the Seversons/Sprutes. Mayor Kuchera noted that the Severson/Sprutes had wished to become part of the City for a long time. Member Fitch stated that he did not wish to jeopardize the current annexation negotiations with Empire Township by annexing the Seed property, since it appeared to be an "island" annexation. It was noted that one side of the property did border the City of Farmington, however, at the present time there was no benefit to the City since the property was currently in ag preserve and could not be developed for some time. Peter Gualtieri, representing Genstar, the development company interested in developing the Seed property, gave an overview of his company's plans for development of the Seed property. He stated that his company believed in long range development and design planning and that the annexation request was not meant to apply pressure for extension of services but, rather, that his company was interested in developing the property within the City of Farmington 1'i4council Minutes - 11/6/95 - Page 4 rather than the township. He further stated that a delay of six months or so would not be a problem. MOTION by Fitch, second by Kuchera to adopt ORDINANCE NO. 095-363 approving the annexation of the Severson/Sprute property. APIF, MOTION CARRIED. There was further discussion regarding the Seed family request for annexation. MOTION by Gamer, second by Ristow to deny the Seed petition for annexation. Member Galler stated that the petition should be addressed again after the negotiations with Empire Township came to a close. APIF, MOTION CARRIED. Nelsen Hills Farm PUD Amendment The amendment requested is to increase the density on the lots previously designated for multi-family use. The developer, John Dobbs, wishes to replace the four townhouse buildings with 4 duplexes, which creates an increase of 4 dwelling units. City Planner Tooker and Mr. Dobbs provided background information on the reasoning behind the density increase. City Planner stated that the increase in density fit with the current Metropolitan Livable Communities Act requirements. Russell Rahn: will the units be individually owned? John Dobbs: Yes, they are not planned as rental units, but the owners have the right to rent their unit if they choose. Russell Rahn: will there be an association to maintain the buildings? John Dobbs: There will need to be an association for maintenance of the grounds and exteriors. em. Galler: The private road in front of the duplexes will need to be built to City standards to prevent problems in the future and the homeowners association will be responsible for its maintenance. John Dobbs: I agree that maintenance issues will need to be worked out. MOTION by Galler, second by Gamer to close the public hearing. APIF, MOTION CARRIED. MOTION by Galler, second by Fitch to approve the Nelsen Hills Farm PUD amendment by increasing the density by 4 dwelling units. APIF, MOTION CARRIED. 9. John Tschohl Lot Split Request John Tschohl addressed the Council regarding his desire to further subdivide his property. He stated that there was a demand for large acreage lots and that he was trying to fill this need. He understood that current City ordinances prevented this type of subdivision, however, he felt that the need justified the amendment of the zoning regulations. He requested Council help in continuing his property development. Elayne Donnelly, a resident who lives near the Tschohl property addressed the Council. She stated her concerns about further residential development in this agricultural area. She stated that Flagstaff Avenue was already difficult to maintain due to traffic, that the driveways from previous development of Tschohl property were not properly planned for safe entrance onto Flagstaff. She requested that the Council consider carefully before approving Mr. Tschohl's request and to keep the area rural. Councilmember Galler stated that the City needed to follow established codes for development, and what may look good in the short run can cause Council Minutes - 11/6/95 - Page 5 ,- r:' ! j J problems for the City in the long run, particularly with regard to the provision of future City services. Councilmember Ristow asked the City Attorney if the Council needed to act on the request. The City Attorney responded that the Council didn't need to do anything regarding the request. It was the consensus of the Council that the request presented by Mr. Tschohl constituted a premature development and was not allowable under City ordinances. 10. Ash Street Improvements MOTION by Ristow, second by Gamer to adopt RESOLUTION NO. R127-95 setting a public hearing to consider assessments for Project 93-2 - Ash Street Improvements - for December 4, 1995 at 7:30 P.M.. APIF, MOTION CARRIED. 11. Sale of Bonds - Refinancing Industrial Park Revenue Bonds. Jerry Shannon of Springsted, Inc., provided the background on the purpose of refinancing the revenue bonds, and presented the following results of the bids on the bond sale: Piper Jaffrey Norwest Investments Dain Bosworth $1,434,533.13 $1,419,048.98 $1,418,481. 05 Mr. Shannon recommended that the sale of bonds be awarded to Piper Jaffrey. MOTION by Galler, second by Gamer to adopt RESOLUTION NO. R12S-95 awarding the sale of Industrial Park Revenue Bonds, Series 1995B to Piper Jaffrey. APIF, MOTION CARRIED. Councilmember Galler noted that due to the services of Jerry Shannon and HRA Director Henricks, the City was saving $260,OSO, and that credit should be given to the two for their efforts. 12. Mayor Kuchera called a 5 minute recess. 13. Ash Street and Phase III of the Prairie Waterway Finance Director Henneke and Jerry Shannon presented a fiscal review of the project. The size of the project would require a financial commitment from the City. The preliminary engineering study put the total project cost at approximately $2,279,656. There was a lengthy discussion regarding the various means of financing the project, the methods for assessing property owners, and the different options available for restructuring the scope of the project. It was Finance Director Henneke's recommendation to proceed with ordering the plans and specifications so that actual bid costs can be obtained. Assessment agreements with affected Castle Rock Township residents will need to be worked out, in addition to right of way acquisitions, easements, and the final scope of the project area. It was also noted that in order to do the Ash Street improvement project correctly, Phase III of the prairie Waterway must be done. A lengthy discussion regarding financing options for the project followed. MOTION by Ristow, second by Gamer to adopt RESOLUTION NO. R129-95 ordering the preparation of plans and specifications for Ash Street Improvement/Phase III of the prairie Waterway. APIF, MOTION CARRIED. 14. City Hall Remodeling Interim City Administrator Finstuen presented her recommendations regarding the contract offered by the architect. Councilmember Fitch stated he had concerns ';tQuncil'Minutes - 11/6/95 - Page 6 regarding the cost overruns and how they would be financed. It was the consensus of the Council to bring the issue back to the next meeting and to request the architect to explain the cost increases. l5. Update on Future Reservoir Siting City Engineer Kaldunski gave a brief description of the 8 potential sites that are under consideration by the Water Board. City code will require a height variance for the tower. Engineer Kaldunski stated that the cost of the tower itself would remain basically the sa~e no matter where it was located, however, the cost of installing the large diameter pipe the tower would require would vary depending upon the location's proximity to existing water mains. Several options were discussed, including locating a tower in Empire Township and sharing the costs with the Township. 16. MOTION by Ristow, second by Gamer to set a public hearing to consider the annexation petitions of Jerry and Elaine Schultz, and Devere and Joyce Brekke for December 18, 1995 at 7:30 P.M.. APIF, MOTION CARRIED. 17. James Pluntz Conditional Use Attorney Ernie Darflinger, representing James Pluntz, was present to discuss the background on the conditional use code violation and the resulting legal action. He requested a code change which would allow larger acreage lots to have a larger square footage accessory buildings. It was noted that although the current conditions may seem to warrant such a change, the subject area was zoned residential and will eventually be served by sewer and water and become more densely populated. It was noted that the Council had dealt with a similar request earlier this Fall and had denied it for the same reasons. It was the consensus of the Council that no code changes regarding accessory storage buildings were warranted. 18. Councilmember Ristow reminded the Council of the annexation meeting to be held the following evening, November 7th, at 8:00 P.M. at the Empire Town Hall. 19. MOTION by Fitch, second by Gamer to adjourn at 11:10 P.M.. APIF, MOTION CARRIED. Submitted by, Karen Finstuen Interim City Administrator Approved