HomeMy WebLinkAbout12.04.95 Council Minutes
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MINUTES
COUNCIL MEETING
REGULAR
DECEMBER 4, 1995
1. Mayor Kuchera called the meeting to order at 7:00 P.M..
Members Present: Kuchera, Ristow, Galler, Fitch, Gamer.
Members Absent: None.
Also Present: Interim Administrator Finstuen, Attorney Grannis.
2. The Mayor led the Council and audience in the Pledge of Allegiance.
3. MOTZON by Ristow, second by Gamer to approve the agenda with the following
changes:
a. Pull item 5e - Reimbursement for Legal Expenses - Fire Department.
b. Pull item 5g - Final Payment for Automated Sideloading Solid Waste Vehicle
c. Pull item si - Increase to Sewer and Solid Waste Municipal Service Rates
d. Pull item 5j - Budget Adjustments
e. Remove item 51 from Consent for discussion - Resolution Approving Local
contribution to East Farmington TIF District -
f. Move item 8a - Resolution Certifying 1996 Final Tax Levy/Adopting 1996 Budget to
Consent
g. Move item 8b _ Resolution Certifying Delinquent Municipal Service Accounts to
Consent
h. Pull item 9b - Departure from Snow Plowing Policy
APIF, MOTZON CARRIED.
4. Citizen Comments
Parks and Recreation Director Jim Bell presented a proposed resolution accepting the
donation of funds for a park bench at the Willow Street Entrance to Rambling River
Park. The funds were donated by the Roger Kuchera family. MOTION by Galler, second
by Fitch to adopt RESOLUTZON NO. R133-95 accepting the donation for funds to purchase
a park bench for the willow Street Entrance to Rambling River Park. APIF, MOTION
CARRIED.
Mr. Bell informed the Council that a dedication ceremony for the new kiosk at the
Willow Street Entrance was planned to be held prior to the regular City Council
meeting on December 18, 1995.
5. MOTION by Ristow, second by Gamer to approve the Consent Agenda as follows:
a. Approve minutes of November 20 (regular) and November 27 (special).
b. Approve amendment' to standard development agreement regarding bituminous paving.
c. Set public hearing for December 18th at 7:30 P.M. to consider amending the
subdivision ordinance with regard to location of measurement of tree caliper.
d. Set public hearing for December 18th at 7:30 P.M. to consider MUSA expansion for
prairie Creek PUD.
e. Approve renewal of annual licenses - arcade, off sale beer, billiard and
excavating.
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Council Minutes - 12/4/95 - Page 2
f. Approve the suggested articles for December's City feature story in the
Independent.
g. Approve the U.S. West cellular phone agreement with Todd Reiten.
h. Approve the amendments to the development agreement for Nelsen Hills 4th Addition.
i. Adopt RESOLUTION NO. R134-95 welcoming the Cushman Club America Annual Convention
to the City of Farmington.
j. Adopt RESOLUTION NO. R135-95 certifying the 1996 final tax levy and adopting the
1996 annual budget.
k. Adopt RESOLUTION NO. R136-95 certifying delinquent municipal service accounts.
1. Approve the payment of the bills as submitted.
APIF, MOTION CARRIED.
6. MOTION by Galler, second by Fitch to adopt RESOLUTION NO. R137-95 approving the
local contribution to the East Farmington Soils Condition TIF District. APIF, MOTION
CARRIED. Councilmember Galler noted the work that had been done by former City
Administrator Larry Thompson and HRA Executive Director Gerald Henricks to meet the
requirements which offset HACA and LGA requirements.
7. Commercial Cardboard Recycling
This matter was tabled at the November 20th regular meeting. Public Works Director
Tom Kaldunski presented background information on the recent changes to the City's
solid waste collection program. He noted that Dakota County Ordinance No. 110
required that, since the City was the solid waste hauler for commercial customers,
they must provide recycling services. MOTION by Gamer, second by Fitch to direct
staff to negotiate a contract with Lakeville Sanitation to provide commercial
recycling services and to return with the contract to a future meeting. APIF, MOTION
CARRIED.
8. Hiring of Economic Development Director
Councilmember Galler stated that this item had been continued from the previous
Council meeting. The Councilmembers discussed the background of the position and
whether funding was available in the HRA fund. Member Fitch questioned whether the
requested language regarding the performance review had been added to the position
contract. Member Ristow requested that the matter be carried over to the next
regular meeting in order to see the final contract and the status of funding. Member
Galler stated that this information had already been provided and offered to review
the items with Member Ristow.
Mayor Kuchera opened the public hearing scheduled for 7:30 P.M. and continued the
hearing until later in the meeting.
Councilmember Galler stated that it was necessary to get the Economic Development
Director position on track due to the number of businesses which were waiting for a
Council decision before proceeding with their development plans. MOTION by Galler,
second by Kuchera to appoint Gerald Henricks to the position of Economic Development
Director with the addition of the language regarding performance review added to the
contract. APIF, MOTION CARRIED. Member Fitch made the following points:
. The Economic Development Director position was no longer an HRA position. The
Economic Development Director was a City employee and would report to the City
Administrator.
Council Minutes - 12/4/95 - Page 3
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. The ultimate responsibility for what occurs within the City government lies with
the City Council and HRA Boards.
. The budget is now being prepared and managed by the City Finance Committee and
Finance Director, not the HRA Director.
. It is the Economic Development Director's job to bring the projects to the Council
and it is the Council's responsibility to make the final decisions on those
projects, not the employee's.
9. Ash Street/Prairie Waterway Phase III Public Hearing.
Mayor Kuchera reopened the public hearing. City Engineer Kaldunski gave an overview
of the scope of the proposed project stating, in part, that:
. This was a joint County/City project with a proposed 40' curb to curb street
reconstruction and utility improvements/extensions.
. utilities proposed to be improved and/or extended were sanitary sewer, water main
improvements, water service connections, storm sewer improvements including
piping, wetland improvements and ponding.
. Due to the work to be done in the wetlands, various permits would be required. It
was noted that the goal would be to enhance the existing wetlands and ponding
areas.
. Easements would need to be negotiated and acquired.
. The Ash Street reconstruction was scheduled to begin after the Dakota County Fair
in August to avoid any disruption of access to the Fairgrounds.
. The work proposed in the Sunnyside Addition would be for storm sewer laterals and
catch basin installation to alleviate standing water problems.
The following is a synopsis of the testimony given:
Marv Wier: I am a member of the Water Board and want to point
out that there are stipulations for township
residents connecting to the City water system.
Eng. Kaldunski: Yes, township residents must be annexed into the
City before they can be connected to City services.
Lucille Korsman: Who will be assessed for the line from the three way
stop to Highway 3?
Eng. Kaldunski: The City can't assess township residents. This is
not an assessment hearing, it is to discuss the
project.
em. Fitch:
The City will assess Castle Rock Township and the
Township will assess township residents.
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Council Minutes - 12/4/95 - Page 4
Alyn Angus:
Township residents will be assessed only for water
and sewer, not storm sewer.
Darla Donnelly:
Is the project necessary? There is no problem with
standing water at the three way stop since the last
time the City improved it.
Eng. Kaldunski:
The repairs help during rainfalls, not during Spring
thaw.
Tom Jensen:
How many people are affected? Why aren't those
south of Sunnyside?
Eng. Kaldunski:
Chateau Manor has a storm sewer which empties into
the ponds behind the Tom Thumb store.
em. Ristow:
Is it cheaper to do all of the improvements at the
same time?
Eng. Ka1dunski:
Yes, the bids are generally more favorable.
Pete Gerten: The easement for the drainage ditch in Centennial
Circle is on my property. The water drains under
the snow with no problem. There is no benefit to installing catch basins.
John Knoph:
The problems occur because of thawing and freezing.
What happens if the storm sewer or catch basins
freeze up?
Eng. Kaldunski:
The storm sewer would be installed below the frost
level.
Danelle pietsch:
There isn't a problem where I live. How did you
pick the lines for drainage?
Eng. Kaldunski:
By the way the lots drain. Actual drainage areas
will be surveyed as the project progresses.
Henry Iwerks:
I moved here over 30 years ago and was told by City
Hall there was no storm sewer because it wasn't
project through before the annexation issue has been
needed. Why railroad this
settled?
em. Fitch:
There is a signed agreement with Castle Rock
Township on how the utilities would be installed.
em. Ristow:
We are not trying to ram anything down anyone's
throat. That's why we are having this meeting, to
listen to your concerns.
Dan Furlong:
Has a cost/benefit analysis been done; The cost of
doing annual repairs and maintenance versus the
assessment amount?
Eng. Ka1dunski:
I have not been directed by Council to do that.
Council Minutes - 12/4/95 - Page 5
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Int. Adm. Finstuen: The purpose of the assessments is to have residents
in the problem area pay for the repairs rather than
all of the residents through taxes.
Mike Sylvester:
I don't have a problem with a wet basement. Where
would the catch basins be located at the three way
intersection?
Eng. Kaldunski:
At all corners.
Scott Cox: Our water runs to Chateau Manor. Last year the
problem with standing water was fixed" when the City
cleaned up the ice ruts. Maybe they should haul the snow out of the area like
downtown to prevent the snow and ice build up.
Dar1a Donnelly:
On the quarterly bill there is a charge of $5.95.
What is it for?
Eng. Kaldunski:
It's a storm water utility charge which is put in a
fund to construct trunk storm sewers. The $542
assessment is for laterals.
Pete Gerten:
Are these lateral lines in Sunnyside? You're going
to replace the ditch with pipe?
Eng. Kaldunski:
Yes, pipe works better than overland flow.
Jim Meyers:
I'm from Castle Rock Township and haven't signed any
agreement.
Alyn Angus:
No agreements have been signed yet. There is only a
tentative agreement when the case was dismissed.
Danelle Pietsch:
Castle Rock benefits from the project but doesn't
have to pay.
Scott Cox:
We'll pay for Sunnyside now and then again when you
do Chateau Manor.
Eng. Kaldunski:
Chateau Manor already has storm sewer.
Marcie Rotty:
My water drains to Ash and 6th. will people along
Ash Street be assessed the same as me?
Eng. Kaldunski:
Everyone in the drainage area will be assessed the
same for the lateral benefit. The only deviation is
the agreement with Castle Rock.
Asst. Eng. Kennedy:
According to City policy, only the short side of
lots are assessed.
Darla Donnelly:
Why is there a pond in the Fairgrounds? will I be
able to see it from my house? will it cause water
problems?
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Council Minutes - 12/4/95 - Page 6
Eng. Kaldunski: It will be a dry pond. The only time water will be
standing will be following a rainfall. We will add
additional volume for water storage.
Ron Thelen:
Ninety percent of the problem was caused by filling
the original pond at the Fairgrounds.
Eng. Kaldunski:
I am aware that a wet pond used to be there.
Pete Gerten:
How many catch basins will be installed in
Centennial Circle?
Eng. Ka1dunski:
Two.
Tom Jensen:
What happens if Castle Rock doesn't sign the
agreement?
Eng. Kaldunski:
If the process doesn't proceed, the street will be
reconstructed without the utility improvements.
Henry Iwerks:
I want to clear up the money part of this. Is $542
the total cost?
Eng. Kaldunski:
Once again, this is not an assessment hearing. The
final cost will depend on the actual bids received
and where you live.
Henry Iwerks:
The Council helped with the costs in the pine Knoll
project. The Council needs to be fair 'and help with
these assessments also.
Eng. Kaldunski:
That decision will be made by the Council.
Gene Thurmes:
If people live in the township when the contract is
awarded, they don't have to pay.
Alyn Angus:
The township needs solid figures before a decision
is made to go with the project.
Lucille Korsman:
I came to City Hall on November 20th to get
information, but none was available.
Eng. Kaldunski:
The information is available. If you call for an
appointment I will be glad to help you.
Dan Furlong:
Please clarify what was the reasoning for starting
the project?
Eng. Kaldunski:
(Gave background of drainage problems and studies in
the City.)
Gordon Wichterman:
Castle Rock needs to get solid dollar amounts. What
is the procedure to get beyond generalities?
Eng. Kaldunski:
Plans and specifications are being prepared. After
that, the project will be let out for bids, with the
bid date probably in April.
Council Minutes - 12/4/95 - Page 7
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Gordon Wichter.man:
When you have real figures to deal with, bring it
back to Castle Rock Township and the residents will
vote on it.
Dar1a Donnelly: Who has the final say if the project goes?
Eng. Kaldunski: The City Council.
Mike Sylvester: What is the time line?
Eng. Kaldunski: The street reconstruction would begin. in mid August
and continue until mid November, approximately.
Some of the smaller portions of the project could start earlier.
Merlin Luecke: What about the Falkowski water problem on Hickory
and backups at Elm and Highway 3?
Eng. Kaldunski: Those problems can now be solved because of the
Southeast Area storm Water project.
Danelle Pietsch: Can I be assessed for Park Drive and Centennial?
Atty. Grannis: (Explained assessment process.)
Al Maki: I have lived in the area since 1961 and have never
had a problem since the streets were paved.
Imelda Becker: Isn't anyone concerned about the amount of land that
people will lose from their front yards because of
widening the road?
line. The County listened to
foot right of way.
The County feels they can build within the existing
right of way. The bikeway will be on the property
your concerns and will readjust to stay within the 66
Eng. Kaldunski:
Imelda Becker:
Can't we talk them out of the bikeway? The
improvement will not improve my property.
Eng. Kaldunski:
The bikeway is part of the County wide system.
Roger Peterson:
will the easement be used as a ditch?
Eng. Kaldunski:
The drainage swale will be kept, but not improved.
poverty. (To City Attorney)
assessment?
Rumors come out of City Hall about people pleading
poverty. Please note that no one tonight pled
What if the market value doesn't go up to match the
Henry Iwerks:
Atty. Grannis:
(Explained process for filing an assessment appeal)
Eng. Kaldunski: An assessment hearing will be held before the bid is
awarded. At this point in time, you all have a
pending assessment. You will receive notices of the assessment hearing.
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Council, Minutes - 12/4/95 - Page 8
Pete Gerten: How much of the $542 assessment goes to the prairie
Waterway improvements?
Eng. Kaldunski: None, it is all for Sunnyside improvements.
Robert Nerud: What am I being assessed for?
Eng. Kaldunski: Sanitary sewer and water main. Your assessment is
higher because you have a lot which could possibly
be divided. Deferrals can be discussed at the assessment hearing.
Lucille Sharp: What am I being assessed for?
Eng. Kaldunski: It has been determined that you are outside of the
drainage area so you will not be assessed.
Scott Cox: How many calls on the 3 way intersection are
actually received.
Eng. Kaldunski:
Numerous. I would have to research the exact
number.
Marilyn Timm:
Who is liable for injuries and who will take care of
cleaning snow off of the bikepath in winter?
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Eng. Kaldunski:
It is a County bikepath, so it would fall under
their jurisdiction. It will have to be discussed.
Ron Thelen:
What is planned for 6th street from Beech to Ash?
Eng. Kaldunski:
Work in the intersections only, installation of
catch basins.. No work on 6th Street.
Henry Iwerks:
Are complaints and compliments passed on?
Eng. Kaldunski:
We have a process we follow to do so.
Jim Ross:
What are the assessments in the Happy Harry and
Castle Rock Bank area?
Eng. Kaldunski:
For storm sewer. Water and sanitary sewer are too
expensive at this time.
Dave Cook:
I'm representing TLS Dance Studio. What is the
status of the house on the corner?
Eng. Kaldunski:
The County doesn't anticipate needing more right of
way so the house should be okay.
Ron Thelen: I would like to thank the Council for listening to
us tonight. And I would like to point out that
anyone who lives here knows there are problems at the 3 way intersection.
MOTION by Galler, second by Ristow to close the public hearing. APXF, MOTXON
CARRIED.
Council Minutes - 12/4/95 - Page 9
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10. The Council took a five minute recess.
11. Set Joint Planning Meeting
Councilmember Ristow pointed out that the City needed to appoint a Councilmember,
staff member and an at large member to the Joint Township Planning Board.. MOTION by
Galler, second by Ristow to appoint Member Fitch as the Council representative.
VOTING FOR: Kuchera, Ristow, Gamer, Galler. ABSTAIN: Fitch. MOTiON by Gamer,
second by Kuchera to appoint Charles Tooker as the City staff representative. APIF,
MOTION CARRIED. It was the consensus of the Council that City Planner Tooker solicit
a member of the Planning Commission to serve as the at large representative. The
three members will meet and report back to the Council.
12. MOTION by Gamer, second by Fitch to direct staff to begin easement negotiations
for the Ash Street/Prairie Waterway Phase III project and to initiate discussion with
the Dakota County Fairboard, Bob Henderson and Fountain Valley Golf Course. APIF,
MOTION CARRiED. Member Fitch stated he would be willing to help with the discussions
if requested. Engineer Kaldunski stated that soil borings will be done in the
Fairground ponding area to determine what type of fill was used and that the project
work to be done in Sunnyside Addition could be bid as an alternate. The Council
directed the Engineer to prepare a cost analysis on the 3 way intersection
maintenance as requested by a resident at the public hearing.
13. Roundtable
Attorney Paul Thissen suggested the City should have the fence between the Bormann
property and Corinthian Cemetery reinstalled at its original location.
The Wausau and Ristow easement agreements are ready to be placed on the next regular
Council agenda.
The County Library grand opening went very well. It is a beautiful facility.
The construction trailer in the City Center parking lot has been moved.
14. MOTiON by Fitch, second by Gamer to adjourn at 10:26 P.M.. APIF, MOTiON
CARRIED.
Submitted by,
Karen Finstuen
Interim City Administrator
Approved