HomeMy WebLinkAbout11.07.94 Council Minutes
MINUTES
COUNCIL MEETING
REGULAR
NOVEMBER 7, 1994
1. Mayor Kuchera called the meeting to order at 7:00 P.M..
Members Present: Kuchera, Ristow, Orr, Rotty.
Members Absent: Galler.
Also Present: Administrator Thompson, Attorney Grannis.
2. Mayor Kuchera led the audience in the Pledge of Allegiance.
3. MOTION by Orr, second by Rotty to approve the agenda with the
following changes:
a. Add proposed resolution amending Ordinance No. 094-337 relating to
annexing properties within the prairie Waterway.
b. Remove item See - Ludescher Agreement - from Consent for general
discussion.
c. Remove item Sff - Authorize staff to seek annexation order from
Municipal Board (Ludescher Property) - from Consent for general
discussion.
d. Remove item Sg - Solid Waste Rate Adjustments in Pine Knoll - from
Consent for general discussion.
e. Remove item Sw - Capital Outlay Request (Rescue Squad Equipment) -
from Consent for general discussion.
f. Remove item Saa - Donation to Senior Center - from Consent for
general discussion.
4. Citizens Comments
Henry Iwerks - Asked if the tape machine was working. Stated that in
the business world, when costs are high it cuts
spending; in government, when costs are high it raises taxes.
Minnesota Taxpayers Association compared spending in the metro area
and the #1 city is Rosemount and the 2nd highest per capita is
Farmington. The City Council should not duck questions at a public
hearing.
Bill Terpening - The City is considering installing additional street
lights. Would the Council be receptive to reducing
the number of street lights? (City is adding 6.) It was suggested
that Mr. Terpening be shown the proposed street light pattern.
Councilmember Rotty stated that he felt the City should stick with its
standards for new and upgraded improvements
Brett Holschuh - Same concern as Mr. Terpening.
John Richardson - Asked if during the high school construction the
City would relax its false alarm penalty.
Council Minutes - 11/7/94 - Page 2
Lloyd Klaus (Castle Rock Township) - Is the City going to put in sewer
and water when Ash Street is
upgraded? (City had contacted Castle Rock Town Board.) A 4 way stop
should be put in on the end of 4th Street.
Ben Shannon - Problem with trees in his subdivision. He had two trees
planted and now was being told he has to plant 8 trees.
5. Mayor Kuchera opened the following hearings at 7:30 P.M.:
a. Preliminary Plat of East Farmington - Phase I
b. Revised PUD of East Farmington.
The hearings were continued until later in the evening.
6. Ben Shannon (continued) - It was agreed that the owner should work
with staff to get reimbursed from the
escrow.
Lyle Stratton - Street lighting concern in Pine Knoll.
7. Consent Agenda
MOTION by Rotty, second by Orr to approve the Consent Agenda as
follows:
a. Approve Minutes - 10/17 (regular); 11/1 (special).
b. Approve various accounting transfers and budget adjustments
(11/3/94 memo) .
c. Appoint Gil Anderson to vacated Senior Center Advisory seat.
d. Adopt RESOLUTION NO. R129-94 approving various solid waste rate
changes (11/3/94 memo) .
e. Adopt RESOLUTION NO. R130-94 approving snow removal agreement with
MnDOT.
f. Adopt RESOLUTION NO. R131-94 amending trunk sanitary sewer fees
( 11/2 /94 memo) .
g. Approve Capital Outlay Request - Solid Waste - $1,470.75 (30
gallon containers); $6,603.00 (60 gallon containers); $2,600.00
(cardboard container) .
h. Project clarification - Pine Knoll culverts.
i. Approve advertisement for bids for 1 ton dump truck (11/4/94
memo) .
j. Approve 1994/1995 snow plowing policy.
k. Adopt RESOLUTION NO. R132-94 requesting MnDOT Study of TH 3.
1. Approve adding Fall Survey results to November 21, 1994 agenda.
m. Authorize special census - MSA allocation (11/2/94 memo) .
n. Approve Pay Estimate #2 - Project 88-4 - Pine Knoll - S.M. Hentges
($428,893,51) .
o. Approve School/Conference Request - Interpersonal Skills _
Administration/Public Works.
p. Approve Change Order #3 - Oak Street Improvements - Add $4,508.98
- (11/2/94 memo) .
q. Approve Driveway Replacement agreements - Pine Knoll (10/31 memo) .
r. Approve Lot/Sanitary Sewer Agreements - Pine Knoll (10/31/memo).
Council Minutes - 11/7/94 - Page 3
s. Approve School/Conference Request - Public Works/Engineering
(11/4/94 memo) .
t. Approve Capital Outlay Request - Backrest & Brackets - Fire -
$1,120.00.
u. Approve Capital Outlay Request Floating Bridge - Parks and
Recreation - $9,738.09.
v. Approve proclamation - Chemical Awareness Week.
w. Approve Tuberculosis Infection Control Plan (10/11/94 memo) .
x. Approve Farmington HPC Annual Report.
y. Set Public Hearing for November 21, 1994 to review liquor and
massage licenses.
z. Approve School/Conference Request - On Site Sewage Systems -
Building Inspectors.
aa. Approve payment of the bills as submitted.
APIF, MOTION CARRIED.
8. Pine Knoll Solid Waste Rate Abatement
MOTION by Orr, second by Kuchera to abate one quarter of garbage
removal fees for Pine ,Knoll resid~nts.. kPIP, MOTION CARRIED.
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9. HOTION by Rotty, second by Ristow to table the Rescue Squad's
capital outlay request for an oxymeter. APIF, MOTION CARRIED.
10. HOTION by Rotty, second by Kuchera to adopt RESOLUTION NO.
R133-94 accepting a donation to the Senior Center. APIF, MOTION
CARRIED.
11. Ludescher Agreement
MOTION by Rotty, second by Orr to adopt RESOLUTION NO. R134-94
approving an agreement for the acquisition of the Ludescher property
in the prairie Waterway. VOTING FOR: Rotty, Orr, Kuchera. ABSTAIN:
Ristow. MOTION CARRIED. MOTION by Rotty, second by Orr to adopt
RESOLUTION NO. R135-94 authorizing staff to seek a Municipal Board
order to annex the Ludescher Property. VOTING FOR: Rotty, Orr,
Kuchera. ABSTAIN: Ristow. MOTION CARRIED.
12. East Far.mington
Mayor Kuchera opened the public hearings for the East Farmington
Preliminary Plat and amended East Farmington PUD. Planner Tooker
presented an overview of the project noting the following: reduction
in number of housing units, TH #3 access phasing, developer's request
to split Phase I into 2 phases, the resolution of the corner lot
setback issue, Phase la does not meet 20% requirement, plat does not
show easements. Engineer Kaldunski explained the drainage patterns
and cross sections and the homes would not have full basements. The
following comments were received:
Greg Adelmann:
Do you have the permit?
Planner Tooker:
No, we don't have a 404 permit.
Council Minutes - 11/7/94 - Page 4
Sally Red:
What is a 404 permit?
Eng. Kaldunski:
It's a Corps of Engineer permit.
Isn't there a liability to approve the
plat without the permit?
Greg Adelmann:
Adm. Thompson:
Approval would be contingent upon
receiving the permit.
Greg Adelmann: You took my northwest corner which I
didn't want to have taken. Also, I am
not being adequately compensated for loss of trees.
Adm. Thompson: We had an agreement with Adelmanns not
to take the northwest property, but
because they had signed away their power of attorney, we couldn't
reach an agreement with the other owners.
Mayor Kuchera:
Are the Adelmann's trees planted or
growing wild.
Eng. Kaldunski:
They are planted.
Pat Akin:
Will the waterway be up and running
before the preliminary plat is approved?
Eng. Kaldunski:
It will be under construction but not
100% completed.
Dick Krier:
It will be in and working before the
streets are constructed.
Cm. Rotty:
Can temporary construction be completed
to make sure there are no problems?
Eng. Kaldunski:
(Explained phasing.)
Mark Nicolai:
You can't guarantee that it will work.
Eng. Kaldunski: I can only guarantee it will be built
according to the plans and
specifications which have been heavily scrutinized.
Greg Adelmann:
You don't know the elevation of my
property.
Eng. Kaldunski: We tried to come onto Mr. Adelmann's
property but he wouldn't let us on the
property. We have approximated his basement elevation and its above
the one hundred year flood elevation.
Bill Fitch: Where is Phase II of the waterway?
. ..-------- ~- ---~-~.__.__._~~----_._----- ~_._-,.~~~~-~-
Council Minutes - 11/7/94 - Page 5
Eng. Kaldunski:
South of FP 12 to the East of Hwy 50.
Bill Fitch:
When is Phase II going to be built?
Adm. Thompson: The second phase will be built when
requested by the developer. If
sufficient TIF is being generated to repay the bonds, or if the City
orders Phase II on its own, no surety will be required.
Bill Fitch:
No financed option has been selected.
Adm. Thompson: Not at this time. The City has the
option of using TIF special financing
district, stormwater revenues, special assessments, property taxes or
a combination.
Henry Iwerks: We've had big guns coming in cramming
things down our throats. We had a so
called public hearing which was a joke. We've spent over $500,000
(community) on this. Charlie Tooker said the City had all the permits
for the ditch. After questioning, he stated the City had a
commitment. Has the property been annexed?
Planner Tooker:
Yes.
Henry Iwerks:
Have the owners been paid for the land?
Greg Adelmann:
We were only paid for a fraction of what
it is worth.
Henry Iwerks:
I question if people know what is being
paid for their property.
Pat Akin:
Several financing questions. What are
the options?
Adm. Thompson: Explains TIF, stormwater revenues,
special taxing district, ad valorem,
special assessment or a combination..
Bill Fitch:
Why are we looking at a smaller
development?
Planner Tooker: It's typical in PUDs to go with the
smallest number of lots developed at one
time. (Mentions PUD agreement and 20% requirement.)
Dick Krier: The entire preliminary plat is before
you right now. We expanded the plat to
include east 11th Street. We will provide construction plans for the
entire plat. What we are asking is for the final plat to include
Phase 1a in lots and, blocks and Phase 1b as an outlot. This is mainly
due to the lenders wanting it developed in two phases.
Council Minutes - 11/7/94 - Page 6
Harold Wieben:
What assurances are there that the
waterway will work?
Adm. Thompson:
that it will work.
(Lengthy statement on assurances.) City
can't assure but can reasonably expect
Greg Adelmann:
The Municipal Board said Farmington
shouldn't have been built in the swamp.
Adm. Thompson:
They never said that.
Brett Holschuh:
How does this benefit the community and
me?
Adm. Thompson: (Explained the genesis of the project.)
Benefits are that it is a vehicle to pay
for drainage problems and it strengthens the downtown.
Om. Orr: The main benefit is that it will pay for
a project which is needed, without
burdening the general taxpayer.
Brett Holschuh:
Are you developing faster than you can
handle?
Om. Orr:
No, the water problem has been due to
jurisdictions.
Eng. Kaldunski:
It will help the III problem.
Sally Bed:
Who set the 20 foot setbacks? Is there
a State Law? Can't you work around my
I believe I have approximately 26 feet from the right of way
house?
line.
Eng. Kaldunski: You probably measured from the curb.
Adm. Thompson: The City would like to work with you on
possibly moving your house.
Hike Wheelock (Budget Mart): Questions on phasing. How will it be
incorporated into the development?
Adm. Thompson: It will be incorporated into the PUD
agreement contingent upon MnDOT
approval.
Hike Wheelock:
We have reservations and would like to
be kept informed.
;-'
Council Minutes - 11/7/94 - Page 7
Bill Fitch:
A lot of the agreement is based on TIF.
What liability is the City facing if it
turns down TIF?
Atty. Grannis: I don't think it has a liability. The
processes standalone. I would
recommend the TIF be acted on before acting on the plat and zoning.
Cm. Rotty:
A property owner has certain vested
rights, but no right to TIF.
Please explain the Phasing. Won't it
affect TIF?
Adm. Thompson:
Dick Krier:
We are phasing the plat because of the
development's financing.
Adm. Thompson: It won't affect the TIF since its the
value of the houses not the public
improvements which drive the TIF.
Sally Hed:
How many homes?
Adm. Thompson:
427 single family homes, 132 townhomes.
The Waterway is designed to handle the
entire drainage area.
Henry Iwerks:
If there is no TIF, there is no project?
Dick Krier:
No.
Henry Iwerks:
If there is no TIF, is there no ditch?
Cm Rotty:
There are other options.
Henry Iwerks:
What financial options?
Adm. Thompson:
Explains options.
aforementioned. )
(See the
Henry Iwerks:
How much has the developer sunk into the
East Farmington Preliminary Plat?
MOTION by Rotty, second by Ristow to
CARRIED. MOTION by Rotty, second by
PUD hearing. APIF, MOTION CARRIED.
Council that they would first act on
the plat.
close the hearing. APIF, MOTION
Orr to close the East Farmington
It was the consensus of the
the TIF proposal before acting on
13. The Council recessed for 10 minutes at 9:30 P.M..
Council Minutes - 11/7/94 - Page 8
14. Church of the Advent.
Administrator Thompson stated that the Bond Counsel and City Attorney
stated the assessment roll could be amended from 10 to 15 years.
MOTION by Orr, second by Kuchera to adopt RESOLUTION NO. R136-94 to
enter into a supplemental assessment agreement. APIF, MOTION CARRIED.
15. ISTS Ordinance
(November 2, 1994 memo)
It was the consensus of the Council to proceed as outlined in the
memo.
16. Prairie Waterway Contract Award
It was recommended not to award the contract at this time because it
would restrict financing options. No action was taken.
17. LMC Legislative Policies (November 2, 1994 memo)
It was the consensus of the Council to approve the positions as noted
in the memo.
18. Upcoming Meetings
a. ISD 192 - November 9, 1994 at 6:30 A.M.
b. Sienna TIF - November 10, 1994 at 7:00 P.M.
19. MOTION by Rotty, second by Orr to adopt RESOLUTION NO. R137-94
approving an amendment to the Ordinance No. 094-337 annexing certain
properties owned by the City of Farmington by eliminating the
Ludescher and Henderson properties. VOTING FOR: Kuchera, Rotty, Orr.
ABSTAIN: Ristow. MOTION CARRIED.
20. Roundtable
a. Pine Knoll street lighting - Consensus of the Council to inform
the petitioners the intent is to stick with the policy.
b. Update on Pine Knoll.
c. Update on City auction.
21. MOTION by Rotty, second by Ristow to adjourn at 10:30 P.M..
APIF, MOTION CARRIED.
Respectfully submitted,
Larry Thompson
City Administrator
Approved
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