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HomeMy WebLinkAbout11.21.94 Council Minutes MINUTES COUNCIL MEETING REGULAR NOVEMBER 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. The Mayor led the Council and audience in the Pledge of Allegiance. 3. MOTION by Orr, second by Rotty to approve the agenda with the following changes: a. Remove the November 7, 1994 minutes for discussion. b. Remove use of eminent domain for the Southeast Area Sanitary Sewer from Consent for discussion. APIF, MOTION CARRIED. 4. Citizen Comments Emily Rahn: Nelsen Hills Farm Development. Concerned about the pond. She doesn't see how it can drain her area. Also asked if staff can change the pond. The Council directed the City Engineer to investigate the matter and return with his findings at the next meeting. Ed Ulvi: Hunters on the parkland. Would like "No Hunting" signs posted. Concern was also expressed regarding restricting hunting along the trail. Dave Pritzlaff: Snowmobiling along Akin Road on private property. Would like it stopped. The Police Chief was instructed to draft an ordinance placing restrictions on snowmobiling. The Council would like to see snowmobiles prohibited along County Road #31 this year. Gary Cameron: Thanked the Council, contractor and staff for the assistance' with mail delivery in the Pine Knoll area. Expressed concern with nails in Nelsen Hills Farm additions. 5. Public Hearings. Mayor Kuchera opened the following public hearings: a. 1995 Liquor and Therapeutic Massage Licenses. b. On Site Sanitary Sewage Treatment Ordinance. c. Ordinance amending size of accessory storage buildings. d. Ordinance amending notification pertaining to variance hearings. e. Ordinance amending surety requirements. The hearings were continued until later in the evening. Council Minutes - 11/21/94 - Page 2 6. Consent Agenda. MOTION by Rotty, second by Galler to approve the Consent Agenda as follows: a. Approve minutes of November 9th and November 10th special meetings. b. Approve completion of probationary period - Fire Marshal. c. Adopt RESOLUTION NO. R143-94 ordering the preparation of a feasibility report for Farmington Crossing. d. Approve the final payment for Project 93-20 (Outlet Control Structures) - $35,854.90. e. Approve Payment to Dakota County Highway Department for Project 92-8 (195th Street Improvements) - $4,797.11. f. Adopt RESOLUTION NO. R144-94 ordering preparation of a feasibility report/accepting petition for sanitary sewer extension to the Budget Mart on TH 3. g. Adopt RESOLUTION NO. R145-94 certifying delinquent municipal service accounts for 1994 to the Dakota County Auditor. h. Approve capital outlay requests - Engineering - computer software. i. Approve final payment for 1994 Sidewalk Maintenance - $8,026.55. j. Approve sanitary sewer agreement - Pine Knoll. k. Approve payment #2 - Project 94-1 (Oak Street) - $65,973.26. 1. Adopt RESOLUTION NO. R146-94 authorizing rebid of Southeast Area Sanitary Sewer Project. m. Approve U.S. Cellular Phone agreement - Finance Director. n. Approve payment of the bills as submitted. APIF, MOTION CARRIED. 7. It was noted that Paragraph 8 of the November 7, 1994 minutes needed to be amended to state that Member Rotty abstained on the motion vote. MOTION by Rotty, second by Orr to approve the November 7th minutes as amended. VOTING FOR: Ristow, Orr, Kuchera, Rotty. ABSTAIN: Galler. MOTION CARRIED. 8. MOTION by Galler, second by Rotty to adopt RESOLUTION NO. R147-94 authorizing the use of eminent domain for the Southeast Area Sanitary Sewer project. VOTING FOR: Orr, Kuchera, Rotty, Galler. ABSTAIN: Ristow. MOTION CARRIED. 9. Public Hearing - Licenses. The public hearing to discuss 1995 liquor licenses and 1995 therapeutic massage license was reopened. The following licenses were considered: On Sale and On Sale Sunday: Longbranch Saloon - 309 3rd Street. American Legion - 10 N. 8th Street. Farmington Lanes - 27 5th Street Club and On Sale Sunday: VFW Post - 421 3rd Street Eagles Club - 313 3rd Street Therapeutic Massage: Rite Touch - 310 3rd Street Council Minutes - 11/21/94 - Page 3 MOTION by Galler, second by Ristow to close the hearing. APIF, MOTION CARRIED. MOTION by Orr, second by Kuchera to approve the licenses as presented. APIF, MOTION CARRIED. 10. Oak Street Assessments. (November 18th memo from Jay Kennedy) Discussion was held regarding a sidewalk credit to Audrey Rademacher and a driveway credit for Motor Parts. A question was raised as to why the Rademachers were not assessed for storm sewer. Staff was directed to review the matter and report to the Rademachers. It was questioned why this matter had not been dealt with on the staff level. Administrator Thompson indicated that the minutes were not clear as to the extent of the credit and that City policy did not allow for sidewalk credits since they were area wide assessments. MOTION by Rotty, second by Kuchera to credit the Rademacher's Oak Street assessment for sidewalk in the amount of $221.94. APIF, MOTION CARRIED. MOTION by Galler, second by Ristow to credit Motor Parts' Oak Street improvement assessment $570.24. APIF, MOTION CARRIED. 11. ISTS Ordinance Public Hearing. Administrator Thompson presented an overview of the proposed ordinance and recent informational meeting referring to his November 18th memo. It was noted that the two issues of most concern appeared to be the mandatory pumping and system upgrades. The following comments were heard: Ed Ulvi: Why is a $50.00 fee going to be charged? Adm. Thompson: That was reported in the paper, but no fee has been decided at this time. David Hayes: What would the fees be used for? Adm. Thompson: A fee has not been decided at this time but, if approved, it would be used for the City's cost for inspection. Erwin Hagen: How did the City determine manhole size and depth? MPCA MR 7080 guidelines. Why is the City proposing to go beyond the State requirements regarding maintenance and Erwin Hagen: Adm. Thompson: upgrading. Adm. Thompson: Based on recent discussions with the legislature, County and Met Council, it appears the rules regarding septic systems are going to become more restrictive. The City is trying to be proactive at this time and deal with it on a local level. The easiest course of action for the City would be to take no action. Council Minutes - 11/21/94 - Page 4 Cm. Rotty: I was told by an inspector that a manhole would help with maintenance of the system. What type of system would pass at this time? Mike Devney: Adm. Thompson: Technically, newly installed systems or systems which fail and require upgrading would have to meet 7080. State law does not require mandatory upgrading at this time. Proposed County ordinance would not allow bottoms to be poured to upgrade systems. Cm. Rotty: Inspection ports on the drainfield would also be required. John Devney: Why not grandfather systems that are working but do not meet 7080? Why are you changing the rules on us? Adm. Thompson: That is a possibility. The ordinance was specifically drafted to be very restrictive in order to facilitate discussion. It is not the City changing the rules, it's the State. Cm. Galler: Environmental rules are becoming more and more restrictive based on concerns. by failing State law. be willing The City should not compare itself to lake counties where the lakes are being polluted systems. I don't understand why the City wants to exceed Grandfather existing systems that work. How would the City to assist owners with upgrading systems? Al Corrigan: would be manageable. at this time. ' Since the City only has an estimated 50-60 systems which require upgrading, assisting No specific program or dollar amount is proposed Adm. Thompson: Do I need a licensed plumber to connect to the City system? Adm. Thompson: You don't need a licensed plumber if you do the work yourself, only to pump the tank. I will verify this and contact you. Bob Doll: Cm. Galler: You will need a licensed installer to install a septic system. Mike Devney: What if the Met Council passes tougher regulations? Council Minutes - 11/21/94 - Page 5 Adm. Thompson: Presently the Met Council doesn't have enforcement powers and can only regulate cities through comprehensive plan reviews. I believe they will be given enforcement power in the future. Dave Pritzlaff: Why does the City even want to consider making rules more restrictive than State law? We already have enough rules. Adm. Thompson: The City passes rules based on demands. You earlier requested the City prohibit snowmobiles along County Road 31 which would be more restrictive than State law. Harvey Briesacher: If our systems are working, don't make us upgrade them. Municipal services will probably be extended in the future. Cm. Galler: If the City just had the requirement that tanks be pumped every two years, would that (No negative responses.) be acceptable? Harvey Briesacher: That would be acceptable, but don't require the upgrading. Grandfather systems unless they are failing. Cm. Galler: (Asked for a show of hand relating to when systems were installed.) The State and County are finding that the most problems are occurring with systems built before the 1970's. John Devney: Gary Cameron: You can't assume all systems are bad because they were built before 1970. My system has a solid bottom and a working drainfield. Emily Rahn: Where would the City get the money to assist upgrading systems? Adm. Thompson: Ad valorem, property taxes or CDBG. Emily Rahn: I already paid for my sewer. I would be opposed to the Council using City money to assist. Unknown: return the favor to us. We've helped assist for improvement projects within the City. The Council should Ed Ulvi: I just replaced my system and it never needed pumping. Now with a 1,000 gallon tank you want me to pump once every two years? Council Minutes - 11/21/94 - Page 6 Adm. Thompson: The two years is an industry standard. It is not possible to know how often systems should be pumped because of family size, garbage disposals, and so on. It is a good insurance pOlicy to pump once every two years to prolong the life of the system which costs between $3,000 and $4,000. Erwin Hagen: Does the City have the expertise to enforce the code? Cm. Galler: The City has a licenses ISTS inspector on staff. It appears the sentiment is not to upgrade systems. Al Corrigan: changes. Please give consideration to reducing or eliminating the fee and to notify us of any Adm. Thompson: John Devney: Would you like a copy of the ordinance or a summary? (The consensus was a summary.) I would like the Council to give more flexibility with pumping. David Hayes: Don't let the pumpers do the inspections. The City should inspect. Cm. Galler: The City would then most likely charge a fee to cover the cost. Mayor Kuchera: Is the Met Council driving this ordinance? Yes. It was a condition of the City's MUSA expansion. Adm. Thompson: Cm. Rotty: What I understand is that the people do not want us to exceed State or County requirements for upgrading non compliant systems. Mayor Kuchera: It would be helpful if we could see other cities' ordinances. MOTION by Rotty, second by Galler to continue the hearing until December 19, 1994 at 7:30 P.M.. APIF, MOTION CARRIED. 12. Public Hearing - Ordinance Amendment - Size of Accessory Storage Buildings. Mayor Kuchera reopened the public hearing which was delayed from earlier in the meeting. Planner Tooker reviewed the Planning Commission'S recommendation and his report. Cm. Ristow: Why wasn't this issue addressed immediately? Council Minutes - 11/21/94 - Page 7 Cm. Tooker: The Planning Commission requested that it be allowed to review the ordinance before staff took action. Cm. Rotty: I think you are going to have problems enforcing the proposed ordinance based on availability of sewer and water. Cm. Orr: Acreage should be taken into consideration. Availability of sewer and water should not determine the size of a garage. Planner Tooker: The rationale is that the City has a large area of R-1 without services that will remain primarily ag use for a long time. Cm. Rotty: Adm. Thompson: Staff's major concern is what is considered accessory use and what is commercial. Cm. Orr: Other factors should be taken into consideration. Let the Planning Commission have discretion. Adm. Thompson: I disagree. The Council should establish specific standards. Cm. Orr: There are other factors, such as acreage, surrounding it. This could be used as a standard. Adm. Thompson: If the zoning is residential, staff has to apply rules consistently whether it is in an urbanized or undeveloped area. Harris Thompson: I would like to build a garage for my milk truck. Also, a veterinary clinic wants to build between my property and the Budget Mart. Cm. Orr: The City should accommodate balance between hobby uses and business. Adm. Thompson: It is very difficult to distinguish between a hobby and a business. Cm. Galler: I have acreage, yet my neighbors would be extremely upset if I built a large pole building. Cm. Orr: I don't think we should allow the huge buildings, but I don't think we should split hairs for a 1200 to 1400 square foot building. Council Minutes - 11/21/94 - Page 8 MOTION by Rotty, second by Orr to close the hearing. APIF, MOTION CARRIED. Councilmembers Galler and Rotty agreed that sewer and water shouldn't be the determining factor and that the Planning Commission should look at increasing the upper square footage limit with the following factors: a. building materials, b. screening, c. setbacks/acreage, d. adjacent zoning. It was the consensus of the Council to refer the matter back to the Planning Commission for its review. 13. Public Hearing - Notification for Variance Hearings. Administrator Thompson dated October 19th.) (Memo from Planner Tooker explained the ordinance amendment and the reasoning behind the requested change. The following testimony was heard: Cm. Rotty: Adjacent property should include properties across the street. MOTION by Orr, second by Kuchera to close the hearing. APIF, MOTION CARRIED. MOTION by Galler, second by Ristow to adopt ORDINANCE NO. 094-339 as presented with the addition that public rights of way are to be disregarded. APIF, MOTION CARRIED. 14. Public Hearing - Amend Zoning Ordinance Regarding Surety Requirements. (Planning Commission agenda report and minutes of October 25th and the proposed ordinance.) Planner Tooker explained the proposed requirements. MOTION by Rotty, second by Galler to close the hearing. APIF, MOTION CARRIED. MOTION by Rotty, second by Galler to adopt ORDINANCE NO. 094-340 amending Title 10 relating to surety requirements as presented. APIF, MOTION CARRIED. 15. TIF Bonds. Jerry Shannon explained the issue noting the following: a. costs have increased due to possible rebidding and Hed acquisition; b. land acquisition cost; c. annexation costs; d. administrative costs; e. capitalized interest has gone up due to bond rates and delay in construction; f. Moody's has been advised; has expressed concern regarding level of debt; does not anticipate bond rating will drop; g. TIF will be the primary source of revenue; if insufficient, storm water utility will be used and, if necessary, ad valorem; h. interest rate anticipated at 6.75%. Council Minutes - 11/21/94 - Page 9 MOTION by Galler, second by Orr to adopt RESOLUTION NO. R148-94 establishing terms and conditions for sale of 1995 G.O. TIF bonds - 1995A ($2,660,000). VOTING FOR: Rotty, Galler, Orr, Kuchera. AGAINST: Ristow. MOTION CARRIED. 16. MOTION by Galler, second by Ristow to adopt RESOLUTION NO. R149-94 accepting a donation of $360.00 from Lexington Standard to be used for carpeting in the Police Department. APIF, MOTION CARRIED. 17. South Suburban Terrace Bonds. MOTION by Rotty, second by Kuchera to adopt RESOLUTION NO. R150-94 granting final approval to issue bonds for South Suburban Terrace. APIF, MOTION CARRIED. 18. Update - East Far.mington/Prairie Waterway. 17th and 18th) (Memos dated November MOTION by Orr, second by Rotty to adopt RESOLUTION NO. R151-94 authorizing the rebidding of the prairie Waterway project. VOTING FOR: Orr, Kuchera, Rotty, Galler. ABSTAIN: Ristow. MOTION CARRIED. 19. Fall Survey Results. Action tabled pending workshop - to be coordinated. 20. The Council recessed for 5 minutes. 21. The Council adjourned into executive session to discuss the City's annexation appeal. 22. MOTION by Galler, second by Ristow to reconvene in regular session. APIF, MOTION CARRIED. The Council considered the annexation appeal. MOTION by Orr, second by Galler to adopt RESOLUTION NO. R152-94 authorizing staff to prepare and file a rehearing appeal and, if the Board files an order the same as the preliminary findings, staff is authorized to appeal the decision to Dakota County District Court. APIF, MOTION CARRIED. 23. MOTION by Rotty, second by Galler to adjourn at 11:30 P.M.. APIF, MOTION CARRIED. Respectfully submitted, Larry Thompson City Administrator Approved