HomeMy WebLinkAbout03.21.94 Council Minutes
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MINUTES
COUNCIL MEETING
REGULAR
MARCH 21, 1994
1. Mayor Kuchera called the meeting to order at 7:00 P.M.
Members Present: Kuchera, Ristow, Orr, Rotty, Galler.
Members Absent: None.
Also Present: Administrator Thompson, Attorney Grannis.
2. Mayor Kuchera led the audience in the Pledge of Allegiance.
3. MOTION by Rotty, second by Galler to approve the agenda with
the following changes:
a. Remove item 5j - solid waste rates.
b. Remove item 9a - budget adjustment - police officer.
c. Add setting a public hearing - pine Knoll MUSA Extension.
d. Add adopting a resolution authorizing the City to acquire title
to Sauber and Rother properties.
e. Add HRA appointment.
APIF, MOTION CARRIED.
4. Mayor Kuchera opened a public hearing at 7:00 P.M. to consider
Project 93-2 - 195th Street Improvements. The hearing was
continued until later in the evening.
5. Parks and Recreation Director Bell presented a $1000 donation
on behalf of the American Legion for the ice skating complex at the
Middle School. MOTION by Galler, second by Orr to adopt RESOLUTION
NO. R22-94 accepting such donation. APIF, MOTION CARRIED.
6. MOTION by Orr, second by Rotty to approve the Consent Agenda as
follows:
a. Approve minutes of February 26, 1994 (Special) and March 7,
1994 (Regular) meetings.
b. Set public hearing to consider Zoning Ordinance Amendment -
Increasing residential driveway widths - April 4, 1994 at 7:30
P.M. .
c. Set public hearing to consider Sign Ordinance Amendment - Signs
in Agricultural Districts - April 4, 1994 at 7:30 P.M..
d. Approve School/Conference Request - Stress Management -
Administration and Engineering.
e. Approve School/Conference Request - 1994 Spring Building Code
Seminar - Administration
f. Ratify Workplace Literacy Agreement
g. Approve hiring permanent part time secretary/dispatcher -
Police Department per Police Chief's March 17, 1994 memo.
h. Approve Capital Outlay Request - Chairs - Police - $319.50.
i. Approve Capital Outlay Request - Shelving - Fire - $764.34.
j. Adopt RESOLUTION NO. R23-94 accepting assessment roll for
Dakota County Estates 8th Addition.
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Council Minutes - 3/21/94 - Page 2
k. Approve request to advertise for position - Parkkeeper.
1. Approve School/Conference Request - Public Works - Traffic
Control.
m. Approve School/Conference Request - Public Works - Sweeper
Maintenance.
n. Approve School/Conference Request - Parks and Recreation -
Aquatic Conference.
o. Adopt RESOLUTION NO. R24-94 approving charitable gambling
premise permit - St. Michael's Church at American Legion.
p. Approve payment of the bills as submitted.
APIF, MOTION CARRIED.
7. Citizens Comments:
Dave Pettis: Questioned if Westview Townhomes would be discussed
this evening. The Council indicated that it would be discussed and
that 15 minutes would be set aside for public comment at that time.
8. Public Hearing - Project 93-2 - 195th Street Improvements.
Engineer Kaldunski presented an overview of the project. The
following questions/comments were heard.
Mayor Kuchera:
How much is assessed?
Eng. Kaldunski:
Approximately $60,000.
Mayor Kuchera:
Is everyone in favor?
Eng. Kaldunski:
They have been notified of the
meeting.
Cm. Orr:
Will this be funded by MSA?
It will be funded through the Road
and Bridge Fund.
Eng. Kaldunski:
Cm. Orr:
Can't it be designated as an MSA
road?
Eng. Kaldunski:
No, because a portion of it is
outside the City limits.
Cm. Rotty:
The road is needed because its the
only crossing between Highway 50 and
170th Street.
Eng. Kaldunski: The road is designated as a minor
arterial and may be eligible for
federal funding in the future.
Cm. Orr:
No borrowing is anticipated?
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Council Minutes - 3/21/94 - Page 3
Eng. Kaldunski:
Correct. You may note that the Water
Board is contributing a significant
portion.
Dan Reisinger:
What are you going to do with surface
water from the Lyman project?
Eng. Kaldunski:
It will be ponded onsite and
discharged into the City's parkland.
Dan Reisinger:
There is not enough capacity in the
ditch.
Eng. Kaldunski:
Our comprehensive stormwater plan
indicates there is adequate capacity.
Babe Murphy:
Does the road stay on the section
line?
Eng. Kaldunski:
Yes. It intersects on TH 3 between
Independent Black Dirt and Perceine
Addition in Empire Township.
MOTION by Rotty, second by Ristow to close the hearing. APIF,
MOTION CARRIED. MOTION by Kuchera, second by Galler to adopt
RESOLUTION NO. R25-94 ordering project 93-2 (195th Street
Improvements) and ordering the preparation of plans and
specifications. APIF, MOTION CARRIED.
9. MOTION by Orr, second by Rotty to close 3rd Street from Elm to
Spruce Street on June 25, 1994 from 7:00 A.M. until 4:00 P.M. for
the Southern Car Cruisers. APIF, MOTION CARRIED.
10. MOTION by Orr, second by Galler to appoint Mayor Kuchera to
the HRA (replacing Member Harms). VOTING FOR: Galler, Ristow,
Orr, Rotty. ABSTAIN: Kuchera. MOTION CARRIED.
11. MOTION by Rotty, second by Galler to set a public hearing for
April 4, 1994 at 7:30 P.M. to consider an amendment to the City's
Comprehensive plan to extend MUSA to the Pine Knoll Subdivision.
APIF, MOTION CARRIED.
12. Public Hearing - TIF #5. Mayor Kuchera opened a public
hearing at 7:30 P.M. to consider establishing TIF District #5 (PIC
- Farmington Industrial Park). HRA Executive Director Henricks
presented an overview of the project as noted in his January 17,
1994 memo. The following comments and questions were heard.
Cm. Galler:
The business will create 30 to 35 new
jobs.
Wally Shapp (owner):
We intend to open in January, 1995.
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Council Minutes - 3/21/94 - Page 4
Harvey Snyder:
I was able to look at their existing
facility and it looks like a fine
addition to the community.
MOTION by Orr, second by Ristow to close the hearing. APIF, MOTION
CARRIED. MOTION by Orr, second by Galler to adopt RESOLUTION NO.
R26-94 approving the Tax Increment Financing Plan and Establishment
of Tax Increment Financing District for Economic Development
District #5. APIF, MOTION CARRIED.
13. Westview Townhome Plat. Councilmember Rotty noted the County
had denied the City's request for access to Ash Street, but would
strongly consider a temporary access for construction until
December 31, 1994. The developer noted that the original proposal
did include Ash Street access. Councilmember Ristow indicated the
City should consider approaching the County Board for a variance.
The following questions/comments were heard.
Dave Pettis: I've spoken with County staff and
County Commissioners that it hasn't
been taken all the way to the County Commissioners.
Cm. Rotty:
There is an appeal process, but we
haven't taken it that far yet.
Dave Pettis:
Commissioner Harris indicated that
the developer should be pushing the
variance.
Cm. Rotty:
The City approached because we felt
we would have more influence than the
The City has to take some action because of statutory
(Attorney Grannis explained.)
developer.
deadlines.
Harvey Snyder: The Planning Commission felt there
was adequate access onto Hickory.
Many of your developments have only one access into the
development.
Dave Pettis:
We assumed there was only going to be
single family homes in the area.
Terry Stapf:
I have a purchase agreement on the
property. Mr. Snyder told me that
Planner had indicated 9 single family homes would be built on
property.
the
the
Harvey Snyder:
I did talk to Mr. Stapf, but the
person who gets there first with the
property. The attorney for the owner
offer.
most money usually buys the
has accepted Mr. Thompson's
259
Council Minutes - 3/21/94 - Page 5
Dave Pettis: The property is bought on
contingency. If the development is
turned down, the property will be sold.
Harvey Snyder:
The developer has the last word on
the contingency.
14. Mayor Kuchera opened a public hearing at 8:00 P.M. to consider
the Cable TV Franchise Transfer. It was continued until later in
the meeting.
15. Westview Townhome - continued
Joel Scheving: Is this a legal issue? This is not a
transitional area. What type of road
is Hickory? Storm sewer has not been addressed. Why was the
feasibility report (drainage) ordered before the preliminary plat
was considered? There are many holes in the project. Why weren't
the number of basements considered?
Eng. Kaldunski:
The number of basements don't affect
stormwater runoff.
Joel Scheving:
will the townhomes be built at once?
Adm. Thompson:
I would guess it would be built as
the units are sold.
Rick Schultz: Has the developer ever done a project
like this. If its piecemealed and
the houses don't sell, he may downsize.
Clyde Thompson:
I've built in the Cannon Falls area
but they are single family homes.
Mayor Kuchera:
Are they in units of 2 and 4?
Clyde Thompson:
Yes.
Mayor Kuchera:
Will they have fire walls?
Clyde Thompson:
Yes.
Cm. Ristow:
Legal liability?
Atty. Grannis:
If the plat is denied, the developer
may claim the City was arbitrary and
challenge the decision.
Cm. Ristow:
Does the City have to pursue the
variance?
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Council Minutes - 3/21/94 - Page 6
Atty. Grannis: I believe its incumbent on the City,
but the Council has to make a
decision tonight unless the developer asks for an extension in
writing.
Clyde Thompson:
I would like to see a decision
tonight.
Cm. Galler:
Would the landowner have the right to
sue?
Atty. Grannis:
I don't believe so.
Cm. Galler:
What basis does the City have to deny
the plat?
Atty. Grannis:
(Lists traffic, safety,
compatibility, drainage, utilities,
etc. )
Cm. Galler:
Would the motion made at the last
meeting have any bearing on tonight's
action?
Atty. Grannis:
No. The action was to direct staff
to prepare a resolution with certain
findings.
Cm. Ristow:
Can the developer meet the State
runoff guidelines?
Eng. Kaldunski:
Yes.
Cm. Rotty:
Explain the pond.
Eng. Kaldunski:
It will be a dry pond. The pond can
be moved offsite if there is not
enough room.
Cm. Ristow:
The ditches to the west and north are
filled already.
Eng. Kaldunski: The feasibility study will address
the runoff. I don't see a
substantial impact from this project. (Reviewed traffic counts.)
Jack Frank:
The issue here is safety and the
children. We are asking for time to
study this issue further.
Mayor Kuchera:
If Hickory Street is upgraded, would
the Townhomes be assessed?
Council Minutes - 3/21/94 - Page 7
261
Eng. Kaldunski: The Council could set policy as such.
It would probably be recommended by
staff because they do benefit.
Cm. Orr: Testimony has tried to put the
Council as an arbiter between the
purchase by two potential owners and we can't do that. Regarding
the basements, we set standards and the developer has to comply.
If we are not providing public assistance, there is little we can
do regarding past performance. We have to deal in facts, such as
traffic. Traffic counts in other areas exceed the counts. We have
to come up with better legal findings if we wish to deny.
Cm. Ristow:
What was the intent when the property
was zoned?
Adm. Thompson:
The entire area was zoned R-3 to
begin with.
Cm. Rotty: I'm having trouble finding facts to
support denial. Traffic and
compatibility does not seem to fit. My major concern is drainage
so it does not impact surrounding areas. The Council does prefer
the access onto Ash Street. I will support the proposed plat with
access onto Hickory Street.
Cm. Ristow:
The Planning Commission had only two
members who had significant
experience.
Cm. Galler: I believe our job is to be
consistent. The questions addressed
with this plat have been addressed in other plats. If we deny the
plat because of traffic flows, then we must deny all future plats
because they increase traffic. I believe we are obligated to
comply.
MOTION by Galler, second by Rotty to adopt RESOLUTION NO. R27-94
approving the preliminary plat and authorizing the signing of the
final plat of Westview Townhomes (Hickory Street access) as
presented by the City Attorney. VOTING FOR: Orr, Rotty, Galler.
AGAINST: Kuchera, Ristow. MOTION CARRIED. Clyde Thompson
requested the City's efforts in helping him gain a variance from
the County for access onto Ash Street.
14. Public Hearing - Cable TV Franchise Transfer. Mayor Kuchera
reopened the public hearing scheduled for 8:00 P.M.. The following
comments were heard.
Adm. Thompson: (Introduced Brian Grogan - Attorney;
Gary Nadulski - Star Cablevision;
Lisa Washa - Star Cablevision; Dave Hanson - Marcus Cable)
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Council Minutes - 3/21/94 - Page 8
Brian Grogan:
(Went over his review - document
dated March 16, 1994).
Cm. Rotty:
Is Marcus an investment group?
Brian Grogan:
They actually operate cable TV
companies.
Cm. Galler:
Moss and Barnett are retained by...?
Brian Grogan:
My clients are Farmington, Lakeville
and Rosemount.
Cm. Galler:
Can we renegotiate an agreement at
this time?
Brian Grogan:
Only if there is noncompliance.
Cm. Galler:
What action did Rosemount and
Lakeville take?
Brian Grogan:
Both approved.
Cm. Galler: We have discussed the access issue in
the past and would like it addressed
in the new franchise agreement.
Brian Grogan:
You will be notified shortly by the
FCC that you may begin negotiations.
(3 year window)
Cm. Rotty:
I have had no problem with Star. Are
you going to adopt a new technology?
Dave Hansen:
(Reviewed upcoming technology.)
Adm. Thompson: Only staff comments were from
engineering which indicated that they
hoped existing staff would remain.
Dave Hansen:
All employees have been offered a
position.
Cm. Ristow:
Rates are not going up?
Dave Hansen:
Transfer would not cause rate
increase. The FCC is now formulating
new rates.
Craig Schlawin:
Who has the final say? The FCC?
Brian Grogan:
No, the City.
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Council Minutes - 3/21/94 - Page 9
MOTION by Ristow, second by Orr to close the hearing. APIF, MOTION
CARRIED. MOTION by Orr, second by Kuchera to adopt RESOLUTION NO.
R28-94 recommending approval of the transfer of ownership of Star
Metro Cable, Inc.. APIF, MOTION CARRIED.
15. Project 93-20 (Ponds AP-3 and AP-4). Engineer Kaldunski
presented an overview of the project. The following questions and
comments were heard:
Question: What happens to excess fill from the original ditch?
Answer: Used as fill in prairie Creek Project.
Question: Can the developer work on AP-4 before the plat is
approved?
Answer: Yes, it is part of the wetlands alteration permit.
Question: How is it financed?
Answer: Stormwater utility.
MOTION by Rotty, second by Kuchera to adopt RESOLUTION NO. R29-94
approving plans and specifications for Project 93-20 (Control
Structures AP-3 and AP-4) and ordering the advertisement for bids.
APIF, MOTION CARRIED.
16. Sauber/Rother Acquisition. Administrator Thompson presented
resolutions relating to acquisition of property within the prairie
Waterway. Mr. Thompson noted the Rother property would involve
acquiring fee interest in the property for $2,500/acre. MOTION by
Galler, second by Kuchera to adopt RESOLUTION NO. R30-94
authorizing purchase of the Sauber property for construction of the
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17. MOTION by Galler, second by Kuchera to adopt RESOLUTION NO.
R31-94 authorizing staff to acquire fee interest in the Rother
property for the purpose of construction of the Southeaqt Area r (\
PO~ie Waterway~. APIP, MOTION CARRIED. (b~~ ~oV'~ K~t.J...t"'o.l 0(11\ ~ e...v\
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18. Roundtable:
a. Annexation bill hearing at Senate on March 23rd and March 24th.
b. pine Knoll - assessment hearing/inspection process.
c. pine Knoll - property lot survey.
d. Troop 119 assembled 60 gallon containers and 30 gallon inserts.
e. Meeting at 7:15 tomorrow regarding Orfield Legislation.
19. MOTION by Galler, second by Orr to adjourn at 9:40 P.M..
APIF, MOTION CARRIED.
Respectfully submitted,
Larry Thompson
City. Administrator
Approved
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