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HomeMy WebLinkAbout05.17.93 Council Minutes 79 MINUTES COUNCIL MEETING REGULAR MAY 17, 1993 1. Mayor Kuchera called the meeting to order at 7:00 P.M. Members Present: Kuchera, Ristow, Orr, Rotty. Members Absent: Galler. Also Present: Administrative Assistant Finstuen, Attorney Grannis. 2. Mayor Kuchera 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 item 5h - Riverside Preliminary Plat - from the agenda. b. Remove item 5j - Riverside Developer's Agreement - from the agenda. c. Remove item 5cc - Employee Recognition - from the Consent Agenda for general discussion. d. Remove item 9c - Waste Lumber Fees - from the agenda. e. Add consideration of the Hanson Building Lease. f. Remove item 5p - Job Rating/Salary Ranges in Solid Waste Department from the Consent Agenda for discussion. APIF, MOTION CARRIED. 4. Citizen Comments Craig Schlawin expressed his concerns with Heritage Development and the fact that their easement had expired. He also expressed concerns about buried blacktop on the site along with concrete being dumped behind the model home. He also said that 190th Street does not indicate by signs that it is a dead end in that area. Dave Fritzloff expressed his desire to purchase a home in pine Knoll and his interest in having improvements made in that subdivision. 5. MOTION by Rotty, second by Orr to approve the Consent Agenda as follows: a. Approve minutes of the May 3, 1993 regular meeting. b. Establish Vermillion River Tributary Committee. c. Approve assessment deferral - 1005 4th Street - Project 92-7 per Assistant Engineer's memo. d. Approve Councilroom plan per Administrative Assistant's memo. e. Adopt ORDINANCE NO. 093-306 zoning East Farmington PUD which was recently annexed into Farmington as R-2 PUD. f. Adopt RESOLUTION NO. R37-93 approving plans and specifications and authorizing advertisement for bids for 1993 Sealcoat Project. g. Adopt RESOLUTION NO. R38-93 approving preliminary/final plat - Akin Park 2nd. 80 Council Minutes - 5/17/93 - Page 2 h. Adopt RESOLUTION NO. R39-93 approving developers agreement - Akin Park 2nd. Approve Payment No. 1 - Project 92-3 - Steel Jacking Pipe. Approve continuation of Farmington Lanes Liquor License under different ownership. Blanket approval to attend LMC Annual Conference. Approve Temporary 3.2 On Sale License - Farmington Independent Softball Team. Adopt RESOLUTION NO. R40-93 accepting donations to the Farmington Police Department - $5,800 - DARE Program and radio. Approve Capital Outlay Request - Arena - $9,539.25 - Becker Arena Products - for boards. Approve Capital Outlay Request - Parks - $863.00 - radio. Approve sewer user fee refund - 18320 Pilot Knob Road - $273.00. Approve Capital Outlay Request - Parks and Recreation - Computer _ $1,755; Administration - $1,999 - from Boffin Unlimited. Adopt RESOLUTION NO. R41-93 accepting donation to the Fire Department - van. Approye School/Conference Request - Fire - Burn Simulation. Approve School/Conference Request - Fire - Annual Conference. Adopt RESOLUTION NO. R42-93 approving public utility easement in Pine Knoll. Approve agreements for additional driveway/walk work - Project 92-7. Adopt RESOLUTION NO. R43-93 approving plans and specifications and authorizing advertisement for bids for a snow plow. Approve School/Conference Request - Finance - Stress Management. Set public hearing to consider Comprehensive Plan Amendment - MUS. Expansion - East Farmington PUD and Riverside. Approve payment of the bills as submitted. i. j . k. I . m. n. o. p. q. r. s. t. u. v. w. x. y. z. APIF, MOTION CARRIED. 6. The next item discussed was a request to approve job ratings and salary changes in the Solid Waste Department. Mayor Kuchera expressed his concerns that Solid Waste is not settled at this point in time and, therefore, this should not be approved until after decisions are made regarding the ultimate outcome of solid waste in the City. Councilmembers Rotty and Orr addressed the fact that the jobs need to be performed in the meantime. MOTION by Orr, second by Ristow to approve the ratings and salary ranges as proposed. VOTING FOR: Ristow, Orr, Ratty. OPPOSED: Kuchera. MOTION CARRIED. 7. The Mayor opened the public hearing to consider the Comprehensive Plan Amendment and continued it to later in the meeting. 8. The next item discussed was the Employee Club's recommendation on employee recognition. Wayne Henneke explained the funding and intent of the Club. MOTION by Rotty, second by Kuchera recommending that the Club Committee choose one of the two options proposed and that it be retroactive to the most recent milestone only and bring that recommendation back to the next Council meeting. APIF, MOTION CARRIED. Council Minutes - 5/17/93 - Page 3 o~ Uj 9. Mayor Kuchera opened public hearings establishing an Economic Development TIF District, considering vacating a utility easement in the NW 1/4 of the NW 1/4 of Section 24 and the SE 1/4 of the SE 1/4 of Section 13; and considering sewer improvements in Sewer District 5 which were scheduled for 7:30 P.M. and continued them until later in the meeting. 10. -The Comprehensive Plan Amendment was reviewed by the Council. There was no public input. MOTION by Orr, second by Kuchera to close the public hearing. APIF, MOTION CARRIED. MOTION by Kuchera, second by Orr adopting RESOLUTION NO. R44-93 amending the Farmington Comprehensive Plan by a MUSA land swap adding 58 acres and delaying 52 acres until 1995. APIF, MOTION CARRIED. 11. The public hearing considering sewer improvements in Sewer District 5 was opened. Engineer Kaldunski gave an overview of the project and the Council opened the meeting to the public. Bill Terpening: At the meeting at Akin Road Elementary School, residents were told what assessments would be and it was his opinion that this was not in compliance with the Handbook for Minnesota Cities. Sheila Schollmeier: Would like the project to not be called pending at this time. She feels that with Riverside not approved, it is premature to call this project pending. She is attempting to sell her house and the buyer is fully aware of the project and the situation. She also did a survey which she presented to the Council along with a petition. She also felt that the people east of Pilot Knob should not be allowed to give their vote on a survey. Dave Fritzloff: The house that he's buying could have the septic system condemned and he feels this project needs to be ordered on the results of the survey. He is happy that he knows the project is pending. Kim Trapp: Her house is for sale and it is a real problem. If this goes through they will have to refinance. The sewer will not increase the value of her house. She feels that she was mislead in that she was told that someone was looking into grants and someone in the City office told her that no one was doing this. She thought the survey was unfair and that it was not sent to everyone. Lyle Stratton: Feels railroaded because the proposed assessment is too high. Richard McDonald: He has tried to sell his house but can't. Asked how much the assessment would go up without the Riverside Development. Clarified whether sewer must be put in if the streets are done. Some people get holes patched and others don't. Streets are not placed on easements. What will happen when some people lose property and some people gain. Council Minutes - 5/17/93 - Page 4 Marian Swanson: They own a 3 1/2 acre lot, what size assessment would be placed on them? It would cause a financial burden for them. Eng. Kaldunski: The intent is to call a lot of that size one buildable lot. Administrator Thompson arrived at 8:00 P.M.. Robin Link: What is a pending assessment and why wasn't Dunbar patched? The new park will pose problems with the poor road. You still haven't gotten firm figures. I keep getting different answers. Figure out the costs and let us know. Randy Lewis: The survey you sent out was extremely slanted. I'm looking at a 15% wage cut. Steve Margenese: Could you define M.S. 429.011 through 429.111? Att. Grannis: Those are the statutes that govern assessments. Steve Margenese: What is the comparison between Akin Roal lots versus Pine Knoll? Tom Kaldunski: They are identical. Steve Margenese: I assume that all lots would be assessed identically. I am opposed because my lot is deep and I would incur additional costs. Ken Anderson: My mother in law and father in law own the old homestead on Akin Road. I are going through, but they are on social a tremendous hardship. I would request any understand the dilemma you security and this would be help you could give. Marian Swanson: it out? What would happen if you had to replace your septic system and then have to tear Craig Stibbe: All you have dealt with is the streets in the survey, but not identified the Why is there a special fund and charge for storm sanitary sewer? I am surprised by the survey who has spoken is opposed. age of the systems. sewer and not one for results when everyone Terry Larson: I support a lot of what has been said. I moved into this community because it was a quiet semi-rural town. I don't believe this project would 83 Council Minutes - 5/17/93 - Page 5 improve my property by $10,000. There is also a hidden cost of removing the old septic system. Mike Galis: Are we included in the project? Eng. Kaldunski: At this time, no. Mary Pratt: I talked to people on Ash Street and 4th Street and they said they got a 3% loan. Also, I would not be willing to sign a waiver that I would not sue. I was also told by someone at the City that "life is not always fair". Craig Stibbe: What about a person on a steep lot? Won't they have a hardship? Eng. Kaldunski: The service can be installed at a steeper grade. David Raddison: What if everyone said we'll stick with the systems we have and just rebuild the roads? Lee Wiggert: I'm totally opposed to the project. If we make the road smooth, people will drive faster. I believe I may be assessed for two lots and there is no way I can afford it. Steven Ring: I didn't get a survey. Frank Lamberty: This problem is not going to go away. These systems are going to fail. I know of some lots that are not big enough. The idea of putting the streets in without the sewer is asinine. Robert McDonald: The lots can be sold with a septic system. The problem is having to escrow the pending assessments. Craig Stibbe: The City should have put the sewer in when the water was installed. Marian Swanson: I don't want to hook into the sewer until my septic tank fails. I have other improvements I need to make, such as windows. Bill Peterson: I put in a septic system in 1988. Why should we have to bear the major cost of the sanitary sewer? Marian Swanson: We are paying for storm sewer that doesn't benefit us. Sheila Schollmeier: I have a survey with 40 persons opposed. 84 Council Minutes - 5/17/93 - Page 6 Bill Terpening: The main factor is the City can only assess the benefit to the property. Th City should bear more of the costs because you are going to be sued and the City will lose. MOTION by Orr, second by Kuchera to close the public hearing. APIF, MOTION CARRIED. Discussion followed regarding the following points: a. Definition of pending assessments (when the project is ordered). The City will tell the status of the project. b. Difference in the results of the survey. c. Financing of hardships. The City finances public improvements, the City does not finance private septic systems. d. The City could change its ordinance regarding mandatory hookups. e. The project is necessary with or without Riverside Plat. f. The problems are going to have to be dealt with sooner or later. g. The City is interested in citizen input. No project is ever a "done deal". A lengthy discussion of the pros and cons of the project followed. MOTION by Rotty, second by Ristow to table the matter until June 21, 1993 at 7:30 P.M.. (If the Riverside MUSA issue is not settled, the matter will be tabled until the next meeting.) APIF, MOTION CARRIED. 12. Mayor Kuchera reopened the public hearing to consider the vacation of the public utility easement in the NW 1/4 of the NW 1/4 of Section 24 and the SE 1/4 of the SE 1/4 of Section 13. Engineer Kaldunski explained that the easements would not be needed once Akin Park 2nd Addition is developed. MOTION by Kuchera, second by Orr to close the public hearing. APIF, MOTION CARRIED. MOTION by Rotty, second by Kuchera to adopt RESOLUTION NO. R45-93 vacating the aforementioned utility easement contingent upon filing the Akin Park 2nd Addition plat and the developer making a physical connection to the sanitary sewer. APIF, MOTION CARRIED. 13. Mayor Kuchera reopened the public hearing to consider establishing an Economic Development TIF District. As noted in the HRA Director's memo, the request was being withdrawn by the developer. MOTION by Orr, second by Ristow to close the public hearing. APIF, MOTION CARRIED. No action was taken. 14. The Council next considered joining the Dakota County Economic Development Partnership. It was suggested the $1,650 membership fee be split with the HRA. MOTION by Kuchera, second by Rotty to adopt RESOLUTION NO. R46-93 approving enrollment in the Partnership 06 Council Minutes - 5/17/93 - Page 7 contingent upon the HRA agreeing to pay for 50% of the fee. APIF, MOTION CARRIED. 15. MOTION by Kuchera, second by Orr to accept the petition for annexation from various Castle Rock Township residents to direct staff to notify the Castle Rock Town Board and the residents who petitioned. APIF, MOTION CARRIED. 16. The Council discussed the curfew ordinance. Police Chief Siebenaler explained the proposed ordinance as outlined in his May 3rd memo. MOTION by Rotty, second by Kuchera to adopt ORDINANCE NO. 093-307 establishing curfew regulations. APIF, MOTION CARRIED. 17. MOTION by Rotty, second by Ristow, per the recommendation of the City Engineer and City Attorney, to adopt RESOLUTION NO. R47-93 authorizing the rebidding of the Locust Street project. VOTING FOR: Ristow, Kuchera, Ratty. AGAINST: None. ABSTAIN: Orr. MOTION CARRIED. 18. The Wausau Supply Feasibility Report was discussed. Per discussion with the manager, it was recommended to do only parts A and B. MOTION by Kuchera, second by Orr to adopt RESOLUTION NO. R48-93 accepting the feasibility report and ordering preparation of plans and specifications contingent upon Wausau Supply signing the agreement of assessment and waiver of irregularity and appeal. APIF, MOTION CARRIED. 19. It was the consensus of the Council to meet on June 22, 1993 at 7:00 P.M. (CIP/Goals and Objectives Workshop) and on June 1st or 2nd at 12:00 noon (joint meeting with ISD 192). 20. It was the consensus to establish a committee to discuss growth and annexation issues. Mayor Kuchera appointed Councilmembers Rotty and Orr to the Committee. 21. The Hanson Building Lease was discussed. Kaldunski outlined the terms of the agreement. conceptual approval. Public Works Director The Council gave it 22. Roundtable: a. Malinski proposal relating to the Farmington Preserve. b. Rambling River Park - flood damage. c. Hockey ice time. d. Pine Knoll project - Look at reducing scope of project based on surveys and to investigate all options. e. Contact Tschohl regarding Very Low Densities being on hold at this time. f. 1993 Spring Clean Up Day results. Commended City crew. 86 Council Minutes - 5/17/93 - Page 8 23. MOTION by Rotty, second by Kuchera to adjourn at 12:15 A.M.. APIF, MOTION CARRIED. /i- Larry Thompson City Administrator Approved