HomeMy WebLinkAbout04.05.93 Council Minutes
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MINUTES
COUNCIL MEETING
REGULAR
APRIL 5, 1993
1. Mayor Kuchera called the meeting to order at 7:00 P.M.
Members Present: Kuchera, Rotty, Orr, Galler, Ristow.
Members Absent: None.
Also Present: Administrator Thompson, Attorney Grannis.
2. Mayor Kuchera opened the annual Board of Equalization. County
Assessor Office Manager Bill Peterson informed the audience that they
could meet individually with County staff members. The Board of
Equalization was continued until later in the evening.
3. Mayor Kuchera led the Council and audience in the Pledge of
Allegiance.
4. Citizens Comments:
a. Ed Nelson questioned where the Exchange Bank Building and Larson
Building were at. HRA Chair Galler and HRA Member Orr noted a
hearing would be held on HRA properties and a developer had
indicated interest.
5. MOTION by Orr, second by Galler to approve the agenda with the
following changes:
a. Remove item 5g - HRA Administrative Guidelines.
b. Remove item 5h - Locust Street/FAA Agreement.
c. Remove item 5t - Revise Scope of Sanitary Sewer Improvements for
Project 93-4.
d. Remove item 5v - Waste Lumber Charge.
e. Remove item lOa - Redesign of Council Chambers
f. Remove item 11b - Assessment Deferral Policy
g. Remove item 5s - Feasibility Report for 1993 Seal Coat Project from
Consent for general discussion.
6. MOTION by Orr, second by Kuchera to approve the Consent Agenda as
follows:
a. Approve the minutes of March 8, March 15, and March 29, 1993
meetings.
b. Approve budget transfer - Parks and Recreation - Backstop wire in
netting - $3,500 per Park and Recreation Director's March 31, 1993
memo.
c. Approve Capital Outlay Request - Liquor - $4,700.00.
d. Adopt RESOLUTION NO. R20-93 accepting the donation of a copier to
the Senior Center.
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e. Adopt RESOLUTION NO. R21-93 accepting donation of funds from the
Farmington Area Chamber of Commerce and ENRON for Mountain Dew Days
and the Easter Egg Hunt.
f. Approve Hanson Building Lease as presented.
g. Approve interest rate for Project 92-3 Assessments per Finance
Director's memo.
h. Approve Change Order #1 - Project 92-3 - deleting Everton Court.
i. Set Public Heari~g - Wausau Lumber Zoning - April 19, 1993 at
7:00 P.M.
j. Set Public Hearing - Rezone Riverside Plat - April 19, 1993 at
7:30 P.M.
k. Set Public Hearing - Amend Zoning Ordinance - Lot Coverage -
April 19, 1993 at 7:30 P.M.
1. Approve School/Conference Request - Administration - Stress
Management.
m. Approve Fire Department Reorganization - Add Captain position;
Adjust Budget - $672 from Materials and Supplies to Part Time
Salaries.
o. Approve Capital Outlay Request - Fire Department mobile radios -
$3,893,40 and Budget Adjustment of $375 from Supplies to Capital
Outlay.
n. Approve Solid Waste Reimbursement - FEI, Inc. - $2,595.64.
o. Adopt RESOLUTION NO. R22-93 ordering Feasibility Report for Wausau
utilities project.
p. Approve Waiver of Platting - Richard Gerten.
q. Adopt RESOLUTION NO. R23-93 and RESOLUTION NO. R24-93 applying for
ISTEA Enhancement Grants for Trail System and TH 50 Street Lighting.
r. Approve Capital Outlay Request - Parks and Recreation - 1 ton dump
($15,103) and dump box ($4,187).
s. Approve Payment No.3 - Project 92-16 - Dakota County Estates 7th
Addition Utilities - Arcon Construction - $4,583.43.
t. Amend Solid Waste Collection Policy per Assistant Engineer's memo
dateq March 31, 1993.
u. Authorize Sanitary Sewer Rate Study per Engineer's memo dated
March 31, 1993.
v. Approve School/Conference Request - Engineering.
w. Adopt RESOLUTION NO. R25-93 approving gambling premise permit for
American Legion.
Council Minutes - 4/5/93 - Page 3
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x. Approve Payment of the Bills as submitted.
APIF, MOTION CARRIED.
7. MOTION by Rotty, second by Galler to appoint Councilmember Ristow to
the Area Wide Enhancement Committee. VOTING FOR: Orr, Kuchera, Rotty,
Galler. ABSTAIN: Ristow. MOTION CARRIED.
8. The Council discussed the proposed Architectural Designs and
Materials Ordinance. Councilmember Rotty indicated that it seemed the
Council only had a problem with the first section and that staff should
solicit comments from developers and to forward the results to the
Planning Commission. The Council concurred with Councilmember Rotty's
recommendation.
9. Mayor Kuchera opened a public hearing at 7:15 P.M. to consider the
Riverside Addition preliminary plat. Planner Tooker outlined the
proposal noting:
a. wetlands and wetland mitigation,
b. flood fringe,
c. conditional use permits,
d. lower basement elevations to reduce driveway grade.
The following comments were made:
Jack Benedict:
Cm. Ratty:
elevations?
Eng. Kaldunski:
Cm. Ratty:
Planner Tooker:
Admin. Thompson:
Cm. Galler:
Jack Benedict:
Cm. Ristow:
Planner Tooker:
Cm. Ristow:
Planner Tooker:
Mayor Kuchera:
Planner Tooker:
I don't want to be restricted on my lots. I may
want to build splits on those lots.
Can't that be taken care of through basement
Garage floor elevations should be established.
Does the area have to be rezoned?
A hearing has been set to rezone it to R-I.
The plat should be contingent upon MUSA extension.
Couldn't we extend the R-1 zoning beyond the plat?
It doesn't bother me if the plat abuts R-3.
What are the lot sizes?
Approximately 10,200 square feet.
Why are the lots along 208th Street larger?
Because of the extra depth.
Describe the location.
Northeast of County Road 31 and 208th Street across
from the Middle School.
58 Council Minutes - 4/5/93 - Page 4
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10. Mayor Kuchera opened a public hearing at 7:30 P.M. to consider the
preliminary plat of Akin Park 2nd Addition. The hearing was continued
until later in the evening.
11. Mayor Kuchera opened a public hearing to consider the East
Farmington PUD rezoning. The hearing was continued until later in the
evening.
12. Mayor Kuchera reopened the Riverside Plat hearing.
Jack Benedict:
I would like to request 429 financing.
MOTION by Orr, second by Galler to close the hearing. APIF, MOTION
CARRIED. Administrator Thompson identified the following conditions to
be addressed:
a. developer's agreement,
b. engineering detail including floodway filling,
c. garage elevations,
d. rezoning,
e. MUSA extensions.
MOTION by Rotty, second by Galler to direct staff to prepare a
resolution approving the preliminary plat and developers agreement.
APIF, MOTION CARRIED.
13. Mayor Kuchera reopened the public hearing to consider the
preliminary plat for Akin Park Estates 2nd Addition. Planner Tooker
reviewed the plat noting the following questions which need to be
resolved:
a. Tim Carr's property - e.g. stub out,
b. relationship of 190th Street,
c. engineering detail needed.
The following testimony was heard:
Cm. Ratty:
What is the phasing?
Two phases. The south one half is first.
Planner Tooker:
Eng. Kaldunski: The force main from Fair Hills will be relocated and
existing sanitary sewer line and easement in the
northwest corner will have to be vacated.
Cm. Ratty:
All lots meet frontage requirements?
Planner Tooker:
We will adjust one lot in the northwest corner which
is fairly narrow.
Cm. Galler:
Are we looking at abandoning the north end of Akin
Road?
Planner Tooker:
Not until County Road 31 is extended.
Any uses beside single family?
Mayor Kuchera:
Council Minutes - 4/5/93 - Page 5
59
Planner Tooker: No.
MOTION by Orr, second by Rotty to close the hearing. APIF, MOTION
CARRIED. MOTION by Orr, second by Rotty to direct staff to prepare a
resolution approving the preliminary plat with the following conditions:
a. engineering detail,
b. developer's agreement,
c. phasing.
APIF, MOTION CARRIED.
14. Bill Peterson indicated County staff had met with the resident and
that Pat Akin wished to address the Council. Pat Akin noted the value
of his property had increased yet he has water every Spring. Mr. Akin
requested relief on his value. Mr. Peterson indicated that they were
sympathetic of his argument, but there was no proof offered that his
value was lower. A lengthy discussion followed. MOTION by Galler,
second by Ristow to pass action on to the County level. APIF, MOTION
CARRIED. MOTION by Rotty, second by Orr to close the hearing. APIF,
MOTION CARRIED.
15. MOTION by Ristow, second by Orr to adjourn the meeting to the
Senior Center. APIF, MOTION CARRIED.
16. The Council reconvened the East Farmington PUD hearing at the
Senior Center. Mayor Kuchera read a brief statement: The following
comments were received:
Dan Mingo: (Farmington Area Chamber of Commerce President.
Mr. Mingo presented the results of a survey
conducted among Chamber members.) Are you aware of the development?
Yes - 89% No - 11%. Do you approve of this project? Yes - 75% No-
11% No Opinion - 14%. Mr. Mingo submitted the survey to the Council.
Carrol Westenberg: My position is not politically motivated.
Regarding the water problem, the City is long
overdue in resolving it. While no guarantees can be given, it appears
it will help the problem. It appears this project will help pay to
alleviate the problem rather than my tax dollars.
Henry Iwerks: I'm concerned about the developer's ability to get
financing. I have questions about the petition and
survey. The questions seemed very leading. There are serious water
problems in the area.
Arvin Kuglin:
Has anyone looked at the fall from Highway 50 to the
river? .
Eng. Kaldunski:
It's about a 6 1/2 foot drop during flood stage.
Harold Wieben:
We have talked about the high water. I have
suggested putting the water in a pipe. Mr. Betzold
a pipe. Why not ask the State and County to help us with the
Also, maybe a problem has been because the river has not been
suggested
problem?
dredged?
60 Council Minutes - 4/5/93 - Page 6
Bill Fitch:
(Castle Rock Township) Doesn't the ditch require
action by the VRWMC?
Adm. Thompson:
Yes.
Bill Fitch:
it?
Would it shoot the project down if the VRWMC denied
Adm. Thompson:
Yes
Barbee Tharaldson:
I've heard of water problems in this town since I
moved here. This looks like the first viable
project.
Dan Mingo:
We've had the U of M, Dakota County, engineers. I
would think we should go with it.
(Reads a letter/petition expressing concerns)
Mary MacEnany:
Willard Barnett: As a businessman, I don't agree with the Chamber's
position on this. Also, the survey did not fully
state all sides of the issues.
Barbee Tharaldson: I signed the petition of my own free will. Also,
Mr. Barnett indicated he represented all
businessmen, which is not true.
Pat Akin:
This has mushroomed into something that shGuld not
be. Let's not get the matter into the rumor or
accusatory stage.
Barvey Snyder: We are only here to talk about a rezoning from an
R-3 to a lower density. Downzoning is a step in the
right direction. I am in favor of the downzone. It also makes me
nervous to hear TIF. The project should stand on its own.
Dick Krier: (Representing Sienna). Growth is going to occur at
your borders. This is a chance to control growth
in your core area. Also, the water is a major concern. One thing that
has impressed me with your City's process is that there are so many
steps to go through. This is just a schematic phase. The detail will
be addressed as we move through an orderly process.
MOTION by Orr, second by Galler to close the public hearing. APIF,
MOTION CARRIED. Councilmember Orr read a statement generally supporting
the rezoning:
a. Helps pay for the Southeast Area Storm Sewer.
b. Boosts the downtown business district.
c. Enhances planning. (174 acres versus small developments)
Concerns:
a. More 70' lots.
b. Change office/apartment buildings along TH 3.
c. We need certain architectural control.
Council Minutes - 4/5/93 - Page 7
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Councilmember Rotty read a statement thanking the citizens for their
patience, noting:
a. 500 new homes equals 1000 downtown customers.
b. All 6,000 square foot lots are a concern.
c. Tot lots and prairie Waterway need to be more clearly defined.
d. All concerns will be addressed, especially water.
e. Trend in Dakota County is larger lots.
f. Prefers diversity in housing.
g. Consider maximum limits on future development.
h. Would support the project with revisions, most specifically lot
sizes.
Councilmember Galler read a statement noting the following concerns will
have to be addressed before the project is completed.
a. Surface water drainage is a problem.
b. Recommends that if PUD zoning is turned down, the Southeast Area
Storm Sewer project be posed to all taxpayers as a referendum.
c. Commitment from MnDOT as to future use/design of Highway 3.
d. Land acquisition will be required.
e. Wetland mitigation.
f. Citizen concerns must be weighed against community needs.
g. We should just be looking at rezoning.
h. Rezoning is compatible with the area.
i. Approval does not give the green light to the project.
Jerry Ristow indicated that he agreed with the concerns, most notably
surface water and lot sizes. Also, he had a question regarding the
City's obligation once the schematic is approved. Attorney Grannis
indicated there were several steps along the way where the project can
be turned down. Administrator Thompson recommended that the Council
direct staff to prepare findings and report back at the next meeting
with concerns and conditions. Councilmember Orr suggested a committee
of councilmembers and staff meet with Sienna to negotiate the changes.
Councilmember Galler suggested Councilmembers Rotty and Orr and
Administrator Thompson and Planner Tooker meet with the developer.
MOTION by Galler, second by Ristow to have Councilmembers Orr and Rotty,
Administrator Thompson, Planner Tooker and Engineer Kaldunski discuss
the concerns with the developer and list findings for the next meeting
on April 19, 1993. Also the Councilmembers should give their concerns
to the Clerk by April 9, 1993. APIF, MOTION CARRIED.
17. MOTION by Galler, second by Orr to return to the Council Chambers.
APIF, MOTION CARRIED.
18. Mayor Kuchera reconvened the meeting in the Council Chambers.
19. The Council next considered the annexation of the Hince property
(35 acres in Section 32). Bill Sachs indicated that if the City
resolves the water problem, Empire Township would not oppose. MOTION by
Rotty, second by Orr to adopt ORDINANCE NO. 093-301 annexing the Hince
property. APIF, MOTION CARRIED.
G2 Council Minutes - 4/5/93 - Page 8
20. The Council next considered the annexation of the Finnegan
Property. MOTIOH by Galler, second by Kuchera to adopt ORDIHANCE HO.
093-302 annexing the Finnegan property as petitioned. APIF, MOTIOH
CARRIED.
2l~ Consulting Engineer Don Burgardt presented the draft Sanitary Sewer
Facilities Plan. Mr. Burgardt listed the options available to remedy
the 1/1 problem. A lengthy discussion followed regarding the issue.
Engineer Kaldunski recommended the Council give its feedback so the
consultant can finalize the draft. Administrator Thompson suggested the
consultant translate the project costs into quarterly bills. MOTIOH by
Rotty, second by Galler to set a public hearing for May 17, 1993 at 7:30
P.M. to consider the proposed sanitary sewer facilities plan. APIF,
MOTIOH CARRIED.
22. MOTIOH by Orr, second by Galler to set a special meeting for May
10, 1993 at 7:00 P.M. to consider City Goals and Objectives and CIP.
APIF, MOTIOH CARRIED.
23. The Council next considered ordering the Southeast Area Storm Sewer
project as recommended in the 'Administrator's April 1st memo. A lengthy
discussion followed. MOTIOH by Orr, second by Rotty for the City to ask
the VRWMC that it be allowed to move ahead on thte north end of the
project and the VRWMC continue with the south end of the project. APIF,
MOTIOH CARRIED.
24. It was the consensus of the Council that no further action be taken
on very low density until the Council completes its GIS inventory,
projected sewer extensions and land use plan.
25. No action was taken on the Council workshops.
26. MOTIOH by Galler, second by Orr to RESOLUTIOH HO. R26-93 accepting
the feasibility report and setting a public hearing for May 3, 1993 at
7:30 P.M. to consider 1993 Seal Coat Project~' APIF, MOTION CARRIED.
27. Roundtable:
a. Weight Based System update.
b. Pine Knoll survey - so far favorable results.
c. Upcoming article on water meters - update.
d. Response by Representative Ozment regarding annexation.
28. MOTIOH by Orr, second by Galler to adjourn 11:55 P.M. APIF, MOTIOH
CARRIED.
submitted,
Larry Thompson
City Administrator
Approved
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