HomeMy WebLinkAbout09.07.93 Council Minutes
135
MINUTES
COUNCIL MEETING
REGULAR
SEPTEMBER 7, 1993
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 Harmeyer.
2. The Council continued its executive session to discuss annexation
issues.
3. The Mayor led the Council and Audience in the Pledge of
Allegiance.
4. MOTION by Orr, second by Rotty to approve the agenda with the
following changes:
a. Remove item Sf - Assessment Deferral Policy - from the Consent
Agenda for general discussion.
b. Add Proclamation for Toastmasters Club Month.
c. Remove item 5k - Proposed Budget/Establish Tax Levy - from the
Consent Agenda for general discussion.
d. Remove item 5i - Employee Recognition Recommendation - from the
Consent Agenda for general discussion.
e. Remove item 5g - Request to Purchase 60 Gallon Containers - from
the Consent Agenda for general discussion.
APIF, MOTION CARRIED.
5. Citizens Comments
a. MOTION by Orr, second by Ristow to declare the month of October as
Toastmasters Month. APIF, MOTION CARRIED.
6. Consent Agenda. MOTION by Galler, second by Orr to approve the
Consent Agenda as follows:
a. Approve minutes of the August 16th (regular), August 23rd
(special) and August 30th (special) Council meetings.
b. Approve authorization to advertise for 4 Police Reservists.
c. proclaim September 27th thru October 2nd as Waste Reduction Week.
d. Proclaim September 17th thru September 23rd as Constitution Week
and September 17th as Citizenship Day.
e. Approve School/Conference request - Dan Siebenaler, Tom Kaldunski
to attend Blandin Foundation Seminar.
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Council Minutes - 9/7/93 - Page 2
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Adopt RESOLUTION NO. R10l-93 declaring an absence of need for an
EIS for Prairie Creek Subdivision.
Approve 1993 budgeted transfers as presented.
Accept Improvements in Project 92-4 - Silver Springs Addition.
Approve Payment #1 (Final) for 1993 Seal Coating to Bituminous
Roadways for $17,999.93.
Approve Capital Outlay Request - Fire Department - 3 Handheld
Radios
Approve Capital Outlay Request - Fire Department - Smoke Extractor
Approve School/Conference Request - Fire Department
Approve No Parking Zone request - 2nd Street
Approve Payment #3 - Project 92-3 - Hillview Storm Sewer to Ryan
Contracting for $20,891.23
Approve Change Order #1 - Project 93-13 - Dakota County Estates
8th Addition for Pedestrian Ramps - Add $3,890.30
Approve Payment #2 - Project 93-11 - Wausau Supply to Ryan
Contracting for $13,123.58
Approve Completion of Probationary Period for Engineering/Solid
Waste Clerk.
Adopt RESOLUTION NO. R101a-93 Awarding Contract for Project 93--7
for Riverside Improvements to S.J. Louis Construction
Approve Assessment Agreement - Jeff and Rebecca Girdner - Project
92-17
Approve School/Conference Request - Fire Department
v. Approve School/Conference Request - Various Departments -
Management Academy.
w. Approve Payment of the Bills.
6. 60 Gallon Containers. Questions were raised regarding purchase
of 30 gallon inserts. County ordinance requires 30 gallon options
effective January 1, 1994. MOTION by Orr, second by Galler to approv
the purchase as proposed. APIF, MOTION CARRIED.
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Council Minutes - 9/7/93 - Page 3
7. Mayor Kuchera opened the following public hearings at 7:30 P.M.:
a. Preliminary Plat and PUD - East Farmington
b. Preliminary Plat - Farmington City Center.
The hearings were continued until later in the evening.
8. Proposed Budget/Levy. Questions on annexation expenses. Finance
Director Henneke indicated legal costs could be part of the Southeast
Area Storm Sewer Project. Also concerns were raised regarding the
increasing debt levy. MOTION by Galler, second by Kuchera to adopt
RESOLUTION NO. R102-93 approving a proposed budget and establishing a
proposed tax levy collectible 1994 - $1,645,232.00 and to set the
Truth in Taxation Hearing for November 30, 1993 at 7:00 P.M. and, if
continued, December 15, 1993 at 7:00 P.M.. VOTING FOR: Galler,
Ristow, Orr, Kuchera. AGAINST: Rotty. MOTION CARRIED.
9. Employee Recognition. A question was raised as to why employees
were given the choice to spend out of town. The funding was also
questioned. MOTION by Orr, second by Kuchera to approve the program
as recommended with the change that it only be Farmington Fun Money.
VOTING FOR: Galler, Orr, Kuchera, Rotty. AGAINST: Ristow. MOTION
CARRIED.
10. East Far.mington POD/Preliminary Plat Hearing. Planner Tooker
gave a presentation noting changes due to wetland mitigation and
surface water control. The following testimony was heard:
Mayor Kuchera:
Where are the southeast wetlands?
Planner Tooker:
On Henderson property approximately 200
feet from Trunk Highway 50.
Jim Har.ms:
How deep will the ponds be?
Eng. Kaldunski:
2 to 3 feet on the edges up and up to 9
feet in the middle.
Harold Wieben:
I am opposed to ponds without fences for
safety.
Eng. Kaldunski:
There is no fence planned at this time.
Jim Har.ms:
Would that mean no one could go down to
the ponds?
Is the property under one ownership?
Cm. Rotty:
Adm. Thompson:
No.
Bill Carey:
Is the groundwater situation under
control?
Adm. Thompson:
(Explained financing as outlined in his
September 3, 1993 memo.)
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Council Minutes - 9/7/93 - Page 4
Cm.. Ristow:
starts.
I was under the impression that the
ditch would be dug before the project
Adm. Thompson: I recall that the project would be
ordered. It appears the developer will
pay for a majority of this project if completed in conjunction with
the plat, which makes the financing feasible.
Roger Wood
Are you approving the schematic or
giving approval to build houses?
Planner Tooker:
issued.
The builder is looking at moving dirt
this Fall, but no building permits
Rod Hardy:
We would like building permits for
models, but no occupancy permits.
em. Ristow:
What types of fill are you looking at?
Rod Hardy:
Good granular materials.
Cm. Rotty:
Have the wetlands been looked at?
Eng. Ka1dunski:
It appears it will comply with the
wetlands mitigation.
Bill Carey:
Does the southeast area storm sewer have
ponding south of Highway 50?
.Eng. Kaldunski:
No, that property is in Castle Rock.
Cm. Ristow:
I feel we are getting the cart before
the horse.
(A lengthy discussion followed regarding the timing of the development
and financing.)
Cm. Orr:
Would it help if the plat was approved
contingent upon ordering of the project?
Cm. Ristow:
That would help.
Cm. Rotty:
Perhaps we can tie in surety or building
permit approval as a contingency in the
developers agreement.
Roger Wood:
Will the development be raised above the
Henderson Addition?
Eng. Kaldunski:
It generally slopes away from the
Henderson Addition.
Cm. Ristow:
You've seen the soil borings?
Eng. Kaldunski:
Yes. Approximately 5 or 6 borings.
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Council Minutes - 9/7/93 - Page 5
MOTION by Orr, second by Rotty to close the hearing. APIF, MOTION
CARRIED. Administrator Thompson recommended two councilmembers be
appointed to a negotiating team. It was the consensus of the Council
that the negotiating team address the following items:
a. Planning Commission concerns,
b. payment of fill material,
c. acquisition of property in waterway and within development,
d. assurances that City will be paid (surety),
e. parkland,
MOTION by Orr, second by Kuchera that two councilmembers be appointed
by the Mayor to negotiate an agreement which addresses the
aforementioned issues. APIF, MOTION CARRIED.
MOTION by Kuchera, second by Ristow to appoint Councilmembers Orr and
Galler and appropriate staff to the negotiating committee. APIF,
MOTION CARRIED.
Councilmember Rotty asked that a financial analysis and debt service
schedule be included.
11. City Center Plat and Improvements. Planner Tooker presented an
overview, noting the following:
a. variances considered by the Planning Commission,
b. Planning Commission recommended against approval,
c. require street and alley vacation,
d. part on Main Street not included in plat,
e. traffic survey,
f. County jurisdictional issues - access and right of way width,
g. any approval of plat would have to be contingent upon County
variances on entrances and right of way width, developers
agreement, and referring the landscaping variance back to the
Planning Commission.
The following testimony was heard:
John Richardson:
How far will TH 50 be widened?
Planner Tooker:
They are only looking at this plat at
this time.
Jim Harms:
What would it do to my building?
Planner Tooker:
It would probably take it.
em. Rotty:
Would it be wise to ask for a variance
on width if traffic flows grow?
Planner Tooker:
It would be okay if the City takes over
Elm Street eventually and the County
takes 208th and Ash Streets.
em. Rotty:
Will the State replace the bridges with
the smaller right of way?
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Council Minutes - 9/7/93 - Page 6
Dan Mingo:
When did Highway 50 turn into a County
road?
Eng. Kaldunski:
June, 1993.
Cm. Orr:
A four lane road on Highway 50 is not in
the long term City plans.
Eng. Kaldunski:
That was pointed out strongly.
Bill Carey:
Will the Highway 50 bridge be upgraded?
Eng. Kaldunski:
Yes, however no timetable has been set
yet.
Engineer Kaldunski presented an overview of the improvement noting:
a. private sewer lines,
b. railroad crossing upgrades and costs,
c. conflicts with NSP and CATV fiber optic cables.
Cm. Orr:
Does Elm Street sewer need to be
addressed as part of this project?
Eng. Kaldunski: It doesn't have to be improved as long
as the property owners know it will co,
a lot more if improved in the future.
Cm. Orr:
What about Mr. Richardson's line?
Eng. Kaldunski:
It would be stubbed out from First
Street.
Cm. Orr: I would recommend spending the money for
signals on Highway 50 rather than the
Main Street railroad crossing.
Cm. Rotty: If the City cannot get the entrance by
Hardees, it would create a lot of
pressure on First Street. Also, there are trucks on First Street.
Cm. Orr: We can control truck traffic through
ordinances.
Cm. Rotty: My major concern is screening for First
Street.
Mayor Kuchera: Is this going to be a 24 hour operation?
Doug Driscoll: We are not planning a 24 hour operatior
to begin with. We are planning 6 to 12
or 7 to 11.
Cm. Orr:
When would deliveries take place?
Doug Driscoll:
Generally between 6 and 11 A.M..
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Council Minutes - 9/7/93 - Page 7
John McBrien: What about internal traffic? Why did
the Planning Commission object to the
entrance? I would suggest the entrance be funnelled further.
Cm. Galler:
Can you extend the meridian in the
entrance?
George Daniels:
That would be no problem.
em. Ristow:
There is also an entrance on First
Street.
Pam Wagner:
I have problems getting onto Elm Street
now, you are going to make it worse.
George Daniels:
As the owners of the development, we
don't want traffic problems either.
Pam Wagner:
Are any of the other businesses in the
way of the County road expansion?
George Daniels:
No.
Peggy Schmidtke: I don't have objections to the shopping
center per se, I am opposed to the
proposed 48 unit apartment complex behind the center. It will impact
the shopping development and traffic on First Street. Also, the
loading dock is across from my mother's house. There should be
adequate screening. My major concern is the 40 foot screening
variance.
Cm. Galler:
We don't approve variances, the Planning
Commission approves variances.
Peggy Schmidtke:
What about the light?
Cm. Orr:
Perhaps you can reorient the light?
Eng. Kaldunski:
There will be a street light at the end
of the street.
Pam Wagner:
I still feel the traffic situation needs
to be resolved.
Peggy Schmidtke:
Are you opposed to turn lanes?
Cm. Orr:
Whatever the County will allow.
Pam Wagner:
Will there be on street parking on Elm
Street?
~
Eng. Kaldunski:
If we include a center turn lane, we
will have to eliminate on street
parking.
John Richardson:
How far will the line go to my property?
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Council Minutes - 9/7/93 - Page 8
Eng. Kaldunski: We will go to the west right of way
line.
Cheryl Thelen: Have there been market studies done on
the impact to the downtown?
George Daniels: No. We came to the town because of the
opportunities. Is competition bad? I
don't think so. It generates new business for the town.
Cm. Orr: There has been a lot of discussion and
if this were not contiguous to downtown,
it might harm the downtown, but I feel it will bring traffic.
Lois Carey: Are Erickson's going to provide a
delivery service? All the seniors rely
on your store next to the senior apartments.
Doug Driscoll:
We will look at all possibilities, but
it is not planned at this time.
Nancy Cameron:
Doesn't the City have a bus?
Jim Bell:
It was donated to the Senior Center.
They use it for trips.
Peggy Schmidtke:
What are the designs of the buildings?
Will the HPC have review of the project?
HRA Dir. Henricks:
It will be stone faced block and precast
concrete. I don't want it to be like
all the strip centers.
? Borman:
No business is going to put up an ugly
building.
Mona Ostroot:
The HPC is mainly looking for
continuity.
Cm. Rotty:
Regarding the plat, we have to address
the variances, developers agreement and
the County variances.
Cm. Orr: I will support the project and be
willing to recommend the Planning
Commission approve the variances with additional screening and berm.
Cm. Galler:
I concur with Councilmember Orr and am
willing to move ahead.
MOTION by Orr, second by Rotty to close the public hearing on the
plat. APIF, MOTION CARRIED. MOTION by Orr, second by Galler to r
conceptually approve the plat contingent upon execution of a
developer's agreement and that the Planning Commission reconsider the
variances and its recommendation on the plat. APIF, MOTION CARRIED.
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Council Minutes - 9/7/93 - Page 9
The following discussion took place on the First Street assessments:
Cm. Galler:
Is anyone on Elm Street in favor of the
project?
? :
No.
Adm. Thompson:
(Reviewed the assessment options.)
Cm. Orr:
Regarding Option I, in reality, there
would be no private line stub out
assessment.
Eng. Kaldunski: As long as the owners understand it's
going to cost a lot more if they want
the City to upgrade in the future.
Cm. Orr:
I would favor Option I without the
private line stub out.
Jim Harms:
Can I tie into the First Street sewer?
Eng. Kaldunski:
Yes.
Peggy Schmidtke:
I don't want sidewalks. It will take
the front steps out of my mother's
house.
Cm. Orr:
I think on such a busy road we should
have sidewalks, but we will stake it
first.
Peggy Schmidtke: (Rahn Road (Eagan) Court decision)
will it impact this project?
(Ms. Schmidtke was referring to a recent court case in which
assessments were reduced because a city could not prove benefit.)
em. Orr:
We take benefit vs assessment into
consideration at every assessment
hearing.
MOTION by Galler, second by Orr to close the hearing. APIF, MOTION
CARRIED. MOTION by Galler, second by Kuchera to adopt RESOLUTION NO.
R103-93 ordering the plans and specifications for First Street using
Option I without private line stubouts and to look at sidewalk later.
VOTING FOR: Galler, Ristow, Orr, Kuchera. VOTING AGAINST: Rotty.
MOTION CARRIED.
12. Water Works Ordinance. The ordinance revisions were explained by
Public Works Director Kaldunski. MOTION by Galler, second by Orr to
adopt ORDINANCE NO. 093-314 relating to Water Works Ordinance except
that "Water Board representatives" be struck and "$750.00" be changed
to "maximum amount allowed by Law." APIF, MOTION CARRIED.
13. Southeast Area Storm Sewer and Sanitary Sewer. Per the memo from
the Administrator dated September 3, 1993. Action taken earlier in
the evening. MOTION by Orr, second by Kuchera to adopt RESOLUTION NO.
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Council Minutes - 9/7/93 - Page 10
R104-93 authorizing staff actions necessary to acquire property to
construct and operate the Southeast Storm Sewer Project. VOTING FOR
Orr, Kuchera, Rotty, Galler. ABSTAIN: Ristow. MOTION CARRIED.
14. MOTION by Rotty, second by Galler to approve Payment No.2 for
Project 92-17 - Locust Street/FAA Improvements for $34,359.88. APIF,
MOTION CARRIED.
15. City Garage. Update by HRA Executive Director Henricks per his
memo dated September 3, 1993. Attorney Harmeyer stated that it was
possible to use RFPs. Questions and comments raised were annual
payments, need, referendum, public opinion, future of solid waste,
lease/purchase. MOTION by Galler, second by Orr to proceed with the
lease/purchase arrangement with the HRA and use existing funding in
the budget. VOTING FOR: Galler, Orr. AGAINST: Kuchera, Rotty,
Ristow. MOTION FAILED.
16. Plans and Specifications for City Center. MOTION by Orr, second
by Galler to adopt RESOLUTION NO. R105-93 approving the plans and
specifications and authorizing the advertisement for bids. APIF,
MOTION CARRIED.
17. Sewer Rate Increase. (Per memo dated September 2, 1993.)
Finance Director Henneke presented an overview noting that the
flooding had increased the sewer flows dramatically. MOTION by
Galler, second by Rotty to adopt RESOLUTION NO. R106-93 amending
Resolution No. Rl-93 relating to sewer fees increasing the rates to
$55.15 per quarter. APIF, MOTION CARRIED.
18. Terra Lighting. MOTION by Orr, second by Kuchera to approve the
Terra Addition lighting as outlined in the City Engineer's memo.
APIF, MOTION CARRIED.
19. Roundtable.
a. Special Planning Commission meeting on September 20th.
b. Fair parking on next agenda.
c. Contact Lakeville regarding Lake Marion water.
d. Sewer backup. No response by Public Works.
e. Culvert plugged on Highway 3.
f. Staff communication - Council to interrupt if important.
g. Black dirt from Locust Street went to the School at their expense.
20. MOTION by Galler, second by Rotty to adjourn at 1:15 A.M.. APIF,
MOTION CARRIED.
Respectfully submitted,
ff7J- \22./,- -
Larry Thompson
City Administrator
Approved
9AoA3
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