HomeMy WebLinkAbout05.02.94 Council Minutes
275
MINUTES
COUNCIL MEETING
REGULAR
MAY 2, 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. The Mayor led the audience in the Pledge of Allegiance.
3. MOTION by Orr, second by Rotty to approve the agenda with the
following changes:
a. Remove item 5D - Pending Assessment Information Disbursement.
b. Remove item 5E - Right of Way Condemnation - Hed Property.
c. Remove item 5R - Accept Bids for Project 93-14 - Southeast Area
Storm Sewer - from Consent for general discussion.
d. Remove item 5S - Accept Bids for Project 93-15 - Southeast Area
Sanitary Sewer - from Consent for general discussion.
e. Remove item 5G - Spring Clean Up Day agreement.
f. Remove item 5X - Final Payment for Project 92-8 - 195th Street
Improvements.
g. Remove item 5Y - Agreement with Dakota County for Ash Street
Improvements.
h. Add resignation of Assistant Engineer/Advertisement for
Replacement.
i. Add amendment to Perkin's property purchase agreement.
APIF, MOTION CARRIED.
4. Citizen Comments:
Ed Nelson: Fence post broken at Rambling River Park. Drivers
going through stop signs. Vehicles blocking sidewalks.
Henry Iwerks: Cars parked illegally on 2nd Street. Mayor had to
demand it be moved. Solid Waste Engineer is asking
private hauler to assist collecting garbage. Mayor had to enforce.
Something has to be done with weed ordinance. Nothing is being
done with attached garage ordinance. City should put insurance and
solid waste out on bids.
Bill Terpening: Persons didn't get notice on pine Knoll.
Mark Hoese:
Tax exempt license plate without proper
identification.
Emily Rahn:
Dobbs stated
developer is
Garbage in the neighborhood from developments. She
wasn't notified of Nelsen Hills PUD hearing (John
it was an oversight by the title company and that the
working with the builders in the project.)
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Council Minutes - 5/2/94 - Page 2
5. Mayor Kuchera opened the following public hearings at
7:30P.M.:
a. Limerock Ridge - Approve Plat/Development Agreement.
b. TroyHill - Approve Plat/Development Agreement.
c. Nelsen Hills Farm PUD.
The hearings were continued until later in the evening.
6. MOTION by Orr, second by Galler to approve the Consent Agenda
as follows:
Approve Minutes - April 18, 1994.
Approve Budget Adjustment - HPC to join County Historical
Society.
Approve Temporary 3.2 On Sale License - Independent Men's
Fastpitch Softball.
Adopt RESOLUTION NO. R49;c94 accepting Feasibility
Report/Setting Public Hearing - 1994 Sealcoating - May 16, 1994
at 7:30 P.M..
Approve agreement with Department of Administration for
building inspection services - Farmington District Service
Center.
Approve School/Conference Request - Finance.
Approve hiring of part time employee - Liquor Store - Jason
Kohlbeck.
Approve Capital Outlay Request - computer and software for
branch liquor store - $6,916.
Approve Capital Outlay Request floor covering for branch
liquor store - $1,629.
Approve parking restrictions on Pine Street cuI de sac.
Approve hiring of full time police officers - Thomas Stafford
and Leslie Teneyck.
Approve Capital Outlay Request - overhead door replacement at
Fire Hall - $6,445.
Approve MSA designation update.
Approve hiring of Michael Palm for Fire Marshal/Building
Inspector position per Fire Chief's 4/2,5/94 memo.
Adopt RESOLUTION NO. RSO-94 accepting 'feasibility report and
setting public hearing - Oak Street Improvements - May 16, 1994
at 7:30 P.M..
Approve waiver of entry for Project 88-4 - Nordseth.
Approve agreement with Dakota County for paving shoulders on
CSAH 31.
Approve advertisement for bids for equipment for brancq liquor
store.
Approve capital outlay request - Parks and Recreation - forks
for tractor - $600.00.
..
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Council Minutes - 5/2/94 - Page 3
t. Approve proclamation - Emergency Medical Services Week.
u. Approve proclamation - Historic Preservation Week.
v. Approve payment of the bills as submitted.
APIF, MOTION CARRIED.
7. Award Bids - Southeast Area Stor.m Sewer and Sanitary Sewer.
(Per memos dated April 28, 1994.)
It was the consensus of the Council that the contingencies were
acceptable but that the storm sewer project should also be
contingent upon the City signing the East Farmington PUD agreement.
MOTION by Orr, second by Rotty to adopt RESOLUTION NO. R51-94
awarding the bid to S.J. Louis for Project 93-14 - Southeast Area
Storm Sewer in the amount of $839,565.00 with the contingencies
noted and that staff negotiate an extension date. VOTING FOR:
Orr, Kuchera, Rotty, Galler. ABSTAIN: Ristow. MOTION CARRIED.
MOTION by Orr, second by Kuchera to adopt RESOLUTION NO. R52-94
awarding the bid for Project 93-15 - Southeast Area Sanitary Sewer
- to S.J. Louis in the amount of $659,787.00 with the noted
contingencies and that staff negotiate an extension date. VOTING
FOR: Orr, Kuchera, Rotty, Galler. ABSTAIN: Ristow. MOTION
CARRIED.
8. Public Hearing - Limerock Ridge - Preliminary Plat
Planner Tooker noted the developers agreement should be tabled
because of some discrepancies in the area. Mr. Tooker presented an
overview of the plat and noted the Planning Commission concerns
which have been addressed. The following comments were received:
Cm. Ristow:
Has County access been approved?
Planner Tooker:
Yes.
Cm. Ristow:
Is there screening along County Road
64?
Planner Tooker:
Yes.
Mayor Kuchera:
What is the concern with utility
depth?
Eng. Kaldunski:
Sewer lines are approximately 20 feet
deep. We are requiring ductile iron
with a 20 foot wide easement.
Cm. Rotty:
Do all the lots meet minimum
requirements?
Planner Tooker:
Yes.
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Cm. Rotty:
Outlot B?
Planner Tooker:
This has been set aside as a ponding
area.
Cm. Rotty:
Is it a wet NURP pond?
Planner Tooker:
On Outlot B there will be a wet pond.
Cm. Rotty:
What about parkland dedication?
Planner Tooker:
It will be all cash with a dedication
for a bikeway.
Mayor Kuchera:
How deep is the pond?
Mike Gair:
4 feet.
Cm. Orr:
What is the typical depth to
limestone?
Eng. Kaldunski:
12 feet more or less.
Cm. Orr:
Are there internal sidewalks?
Eng. Kaldunski:
No. It is consistent with policy.
Mayor Kuchera:
What are the street widths?
Eng. Kaldunski:
38 feet.
Cm. Galler:
You are aware of the development
board?
Steve Ryan:
Yes.
Ed Nelson:
ponding? Is this going to be fenced?
Debris will be blowing into the pond.
Mike Gair:
Under normal conditions, there will
be water standing.
Cm. Orr: We typically don't require fences
around ponds. We make ponds public
now so we have the ability to clean them. There should be language
in the agreement relating to debris and the developer should clean
out the pond before the project is closed out.
Craig Stibbe:
Can the City get stop signs placed
along County Road 31?
Cm. Orr:
A passing lane should be included.
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Council Minutes - 5/2/94 - Page 5
Dave Pritzlaff:
When County Road 31 is turned over to
the City, the Couneil will
reevaluate.
Dennis Burke:
Is it legal to pass in a right hand
turn lane?
Cm. Orr:
I don't believe so.
Dave Pritzlaff:
Doesn't the City require 50 feet from
the centerline?
Planner Tooker:
55 feet.
Dave Pritzlaff:
Can we put fences on the right of way
to keep snowmobiles out?
Cm. Orr:
Not on the right of way, only on your
property.
MOTION by Galler, second by Rotty to close the public hearing.
APIF, MOTION CARRIED. MOTION by Rotty, second by Ristow to adopt
RESOLUTION NO. R53-94 approving the preliminary plat and
authorizing the signing of the final plat contingent upon, among
other things, execution of a developers agreement. APIF, MOTION
CARRIED.
9. Public Hearing - TroyHill. MOTION by Orr, second by Rotty to
continue the hearing until June 6, 1994 at 6:30 P.M.. APIF, MOTION
CARRIED.
10. Nelsen Hills Far.m PUD. Planner Tooker presented an overview
of the PUD noting the Planning Commission's recommendations. Mr.
Tooker also noted the planning between Mr. Cameron and the
developer. The following testimony was heard.
Cm. Rotty:
What is the lot size?
Planner Tooker:
All exceed 10,000 square feet except
for the 4 plex.
Cm. Rotty:
What is the phasing?
Planner Tooker:
The third addition (first phase) will
be along County 31.
Cm. Rotty:
Will the ponds on the west side be
wet or dry?
Planner Tooker:
Wet.
Cm. Rotty:
will there be access to the ponds?
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Council Minutes - 5/2/94 - Page 6
Planner Tooker:
All will be connected to public
streets.
Cm. Rotty:
The streets don't line up.
Planner Tooker:
That is due to the topography.
Pat Devney:
will the ponds overflow to the west?
Planner Tooker:
Yes.
Pat Devney:
Will there be erosion control?
Planner Tooker:
Yes. It must meet stormwater
management standards.
Craig Schlawin: It is my understanding that the
entire lot next to the townhomes was
to be dedicated to the townhomes.
John Dobbs:
Market is part of the issue and
grading is also an issue. It would
also provide a buffer.
Cm. Rotty:
Will the lot meet minimum standards?
Emily Rahn: I received no notice of the meeting.
I don't understand how the
development got out of the Planning Commission. I don't want to
stop development. The contractors should cut down the noise. The
City should notify me when utilities are to be cut off. Will
single family owners know of the 4 plex?
John Dobbs:
Yes.
Emily Rahn:
Will I be assessed?
John Dobbs:
No.
Cm. Rotty:
Should there be two accesses onto
County 31?
Planner Tooker:
They line up with the cross accesses
into Silver Springs and Prairie
Creek.
Carolyn Schlawin:
Regarding the 4 plex site, doesn't it
have to be specifically stated as to
use?
John Dobbs:
It has been listed as a townhome.
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Council Minutes - 5/2/94 - Page 7
Carolyn Schlawin:
When will the 4 plex be developed?
John Dobbs:
It will be market driven.
Cm. Galler:
will the Cameron's be able to access
County 31?
Planner Tooker:
No. He will be tied into the two
sites.
Cm. Orr:
What about architectural standards?
Planner Tooker:
We don't have them yet.
Cm. Orr: If we have a 9 1/2 inch rainfall
again, barriers will not stop
erosion, but the developer will be responsible for clean up.
Emily Rahn:
I will show Mr. Dobbs the pictures of
the builders and the debris.
Ed Nelson:
Will the red area hold the four plex?
John Dobbs:
Yes.
Ed Nelson:
Won't you have a problem with kids
and traffic?
John Dobbs:
It was considered. We can do more
landscaping with a 4 plex.
Mayor Kuchera:
How many bedrooms?
John Dobbs:
That's up to the market.
Craig Schlawin:
My understanding is that a PUD must
be precise and there are a lot of
loose ends yet.
MOTION by Galler, second by Kuchera to close the public hearing.
APIF, MOTION CARRIED.
It was the consensus of the Council that staff incorporate all of
the comments into the PUD and return at a future Council meeting
for consideration.
11. John Tschohl - 208th Street. Mr. Tschohl requested direction
from the Council regarding the future 208th Street. Assistant
Engineer Matthys outlined the assessment proposal. City Engineer
Kaldunski noted the City would have to determine how the City's
share would be funded. Administrator Thompson indicated that
improvements to serve the lots should be built to maximum intended
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Council Minutes - 5/2/94 - Page 8
use. Councilmember Orr indicated the City's share would be
premature based on permitted use. A lengthy discussion followed
regarding the alignment of 208th Street. Councilmember Galler
indicated the parcel did not meet with City objectives in terms of
future development. Councilmember Orr suggested that the City
identify the 208th Street corridor and work with Mr. Tschohl when
the lot is developed. It was the consensus of the Council to
develop within City ordinances. It was also the consensus of the
Council that staff report to the Council on the legality of
splitting Lot 7 and to work with Mr. Tschohl on the 208th Street
alignment.
12. Liquor Store Lease. Liquor Store Director Asher outlined the
proposed charges to the lease. The Council raised a number of
questions. Mr. Asher stated he was comfortable with the lease.
Administrator Thompson read a message from Randy Sjogren opposing
the second liquor store. Dennis Burke spoke in opposition to the
second liquor store. A lengthy discussion ensued. MOTION by
Galler, second by Rotty to adopt RESOLUTION NO. R53a-94 approving
the north liquor store lease with the stipulation that the Attorney
review and incorporate the noted changes. APIF, MOTION CARRIED.
13. Pine Knoll Improvement Project. Administrator Thompson
presented an update of the assessment as noted in his May 2, 1994
and April 29, 1994 memos. Mr. Thompson also noted the proposed
abatement and that the credits would increase the annual debt
service by $13,500. The following items were discussed:
a. Double Lots - Okay to defer if an agreement is signed. Details
to be worked out at the time of split.
b. Peterson is on Akin Road and not an interior lot, but should
pay for any additional costs relating to curb cuts.
c. East Side Lot - Single $4000 assessment with same agreement as
double lots.
d. Proposed law would mandate sanitary sewer upgrades so the
Council could justify its original position.
MOTION by Orr, second by Kuchera to adopt RESOLUTION NO. R54-94
adopting the assessment roll for Project 88-4 - Pine Knoll
Improvements.
a. Sanitary Sewer Assessment - $4,000.00
b. Street Assessment - $2,000.00.
c. No other credits.
d. Double lots to be credited one unit if a deferred agreement is
signed and recorded.
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Council Minutes - 5/2/94 - Page 9
e. Peterson lot is considered an Akin Road lot.
f. Does not include the east side property owners.
g. Interest rates 1 1/2% over the bond rate.
MOTION by Orr, second by Kuchera to amend the resolution to include
the east side properties. VOTING FOR: Orr, Kuchera, Rotty.
AGAINST: Galler, Ristow. MOTION CARRIED.
These questions/comments followed:
a. Interest Rate - 1 1/2% over bond? To be addressed later.
b. Individual hookups - allowed to be assessed? Yes, separately.
c. Driveways - clarification - just that portion which is
disturbed will be replaced.
d. Will City work with owners to have contractor replace driveways
(facilitate)?
VOTING ON THE ORIGINAL MOTION: VOTING FOR: Kuchera, Rotty,
Ristow, Orr. AGAINST: Galler. MOTION CARRIED. Councilmember
Galler clarified his vote noting that he was in favor of the
project, but felt the City should have stuck with its assessment
policy.
14. Ice Resurfacer. Parks and Recreation Director Bell presented
the following bids:
Firm
Propane
Electric
Trade In
Net
Becker Arena
Zamboni
$ 49,145
51,725
No Bid
74,500
10,000
9,500
$39,145
$42,225 *
$65,000 **
* -
Propane
** - Electric
Mr. Bell recommended the battery operated unit because of future
cost savings and environmental concerns. MOTION by Galler, second
by Rotty to adopt RESOLUTION NO. RSS-94 awarding the bid to Becker
Arena for $39,145 (with trade in). VOTING FOR: Rotty, Galler,
Ristow, Kuchera. AGAINST: Orr. MOTION CARRIED.
15. Assistant Engineer Russ Matthys presented a recycling award to
the City on behalf of Dakota County.
16. Resignation of Assistant City Engineer. MOTION by Rotty,
second by Kuchera to accept the resignation of Assistant City
Engineer Russ Matthys. APIF, MOTION CARRIED. MOTION by Orr,
second by Ristow to authorize the advertisement to fill the
position. APIF, MOTION CARRIED.
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Council Minutes - 5/2/94 - Page 10
17. Sump Pump Discharge Update. Public Works Director Kaldunski
reviewed the updated compliance list. It was agreed that Mayor
Kuchera and Public Works Director Kaldunski would visit Mr. Akin.
Mr. Honrud would be given 8 weeks to raise his house and if he
doesn't raise it in that time, he would be billed back to May 1,
1994. The people who asked for reinspect ion and complied would not
be billed. Administrator Thompson indicated he would update the
Council on the City swimming pool.
18. Sanitary Sewer Flows. (Per report by Engineer Kaldunski dated
April 28, 1994.) It was the consensus of the Council that Mr.
Kaldunski proceed with seeking a credit from the MWCC.
19. Driveway Widths. MOTION by Orr, second by Rotty to reconsider
the Ordinance No. 094-330 regarding driveway widths in residential
neighborhoods. APIF, MOTION CARRIED. MOTION by Orr, second by
Rotty to adopt ORDINANCE NO. 094-332 amending driveway widths to 26
feet at the apron and 30 feet at the property line. APIF, MOTION
CARRIED.
20. A joint meeting with the City of Lakeville is scheduled for
June 14, 1994.
21. MOTION by Galler, second by Rotty to adopt RESOLUTION NO.R56-
94 amending the purchase agreement with Neil Perkins for the
Prairie Waterway Project to include a guarantee of continued right
of access. VOTING FOR: Kuchera, Galler, Orr, Rotty. ABSTAIN:,
Ristow. MOTION CARRIED.
22. MOTION by Rotty, second by Orr to adopt RESOLUTION NO. R57-94
awarding the contract for Pine Knoll Sanitary Sewer Project to S.M.
Hentges and Sons, contingent upon receiving MUSA deSignation, f,7,5om
the Metropolitan Council. APIF, MOTION CARRIED. .I~ R(P~..((<j'7 ,([.->-;,t
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23. There will be a joint meeting with ISD #192 on May 11, 1994.
,24. Roundtable:
a. Enforce the 5 minute rule for citizen comments.
b. Letter to the editor regarding the meat packing plant.
25. MOTION by Rotty, second by Kuchera to adjourn at 1:15 A.M..
APIF, MOTION CARRIED.
Respectfully submitted,
Larry Thompson
City Administrator
Approved ~,w [i 1tIoAi