HomeMy WebLinkAbout09.20.93 Council Minutes
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MINUTES
COUNCIL MEETING
REGULAR
SEPTEMBER 20, 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.
2. Mayor Kuchera led the Council and audience in the Pledge of
Allegiance.
3. Approve Agenda. MOTION by Galler, second by Rotty to approve
the agenda with the following changes:
a. Remove item 5g - Assessment Deferral Policy - from the Consent
Agenda for discussion.
b. Remove item 5r - Public Works Shop Ventilation - from the
agenda.
c. Remove item 5q - MnDOT Cooperative Agreement for Southeast Area
Storm Sewer - from the Consent Agenda for discussion.
APIF, MOTION CARRIED.
4. Citizens Comments.
5. Consent Agenda. MOTION by Galler, second by Ristow to approve
the Consent Agenda as follows:
a. Approve minutes of September 7, 1993.
b. Approve Capital Outlay Request - Breathing Apparatus for Fire
Department - $4,000.00.
c. Approve waiving of plumbing fees on sump pump inspections and
extension of compliance date.
d. proclaim September 27th thru October 3rd as Adult Literacy
Week.
e. Approve School/Conference Request - Fire Department - EMT
Refresher.
f. Approve School/Conference Request - Administration - Building
Code Seminar.
g. Approve School/Conference Request - Public Works - Controlling
Salt Brine Runoff.
h. Approve assessment deferral agreement with Tim Carr.
i. Adopt RESOLUTION NO. R107-93 approving landfill abatement
agreement with Dakota County.
j. Adopt ORDINANCE NO. 093-315 amending solid waste policy -
biodegradable yard waste bags.
k. Accept improvements in Nelsen Hills Farm Development.
I. Approve Change Order #2 - Project 93-13 - Dakota County Estates
8th Addition - Add pedestrian ramps in the amount of $2,330.90.
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Council Minutes - 9/20/93 - Page 2
m. Set public hearing to consider vacation of various streets,
alleys and utility easements for Farmington City Center for
October 11, 1993 at 6:30 P.M..
n. Set public hearing to consider vacation of a sanitary sewer
easement in Section 13 for October 11, 1993 at 6:30 P.M..
o. Receive and file a request to install sidewalks on Maple Street
between 3rd and 4th Streets.
p. Approve agreement for appliance disposal for Fall Clean Up Day.
q. Approve Payment #5 for Project 92-7 - 4th Street Improvements
to Arcon Construction for $37,960.52.
r. Approve School/Conference Request - Engineering - Automated
Design.
s. Approve School/Conference Requests - Parks and Recreation
Department - Minnesota Parks and Recreation Conference.
t. Approve payment of the bills as submitted.
APIF, MOTION CARRIED.
6. Assessment Deferral Policy. A lengthy discussion was held on
septic system hardship deferrals. Should the City grant credits,
charge interest, or link the hook up fee to the consumer price
index? It was the consensus of the Council to factor in the
condition of buildings and the likelihood of lot splitting when
considering buildable lots. MOTION by Galler, second by Kuchera to
adopt ORDINANCE NO. 093-316 establishing a procedure for deferral
of special assessments for persons 65 years of age and older and
persons retired by virtue of a permanent or total disability; to
amend the City's assessment policy relating to buildable lots;
assessment of sanitary sewer to unserviced areas; and to adopt
RESOLUTION NO. R108-93 establishing income limitations for
assessment deferrals. VOTING FOR: Orr, Kuchera, Galler. VOTING
AGAINST: Ristow, Rotty. MOTION CARRIED. Councilmember Rotty
stated he could not support the assessment policy for unserviced
sewer areas as presented. Councilmember Ristow stated he would
like to have additional input from the County Health Department
relating to conditions of septic systems. It was the consensus of
the Council to bring the issue up with Pine Knoll residents.
7. Public Hearings. Mayor Kuchera opened the following public
hearings at 7:30 P.M..
a. prairie Creek Preliminary Plat and PUD.
b. Project 93-9 - 1993 Seal Coat Assessments.
c. Consider vacating 5' of utility easement - Lot 1, Block 2,
Dakota County Estates 7th Addition.
a. Prairie Creek Preliminary Plat and PUD
Planner Tooker presented an overview of the plat noting the
Planning Commission's conditions. The following comments were
heard:
Cm. Ristow:
What is the present and future land
use east of the plat?
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Council Minutes - 9/20/93 - Page 3
Planner Tooker:
Mostly preserve and conservation
land.
Cm. Ristow:
Are there additional entrances from
CSAH 31?
Planner Tooker:
There is no direct access under this
plat but there will be one to the
north in the second phase.
Eng. Kaldunski:
The developer is planning to submit a
mineral extraction permit application
for the pond.
Cm. Rotty:
We are allowing smaller than standard
lots.
Mayor Kuchera:
How small?
Planner Tooker:
8000 square feet adjacent to 6000
square foot lots in Dakota County
Estates.
Mayor Kuchera:
How long will the Stegmaier buildings
stay?
Warren Israelson: The original homestead will stay for
3 to 4 years. The barn and other
buildings may be removed within a year.
MOTION by Orr, second by Ristow to close the public hearing. APIF,
MOTION CARRIED. MOTION by Orr, second by Kuchera to adopt
RESOLUTION NO. Rl09-93 approving the preliminary plat and
authorizing the signing of Phase I Final Plat of prairie Creek
Addition with the following conditions:
a. Receipt of a signed, notarized statement from the preparer that
the final plat is identical to the preliminary plat as
approved.
b. The City and Developer execute a developer's agreement as
prepared by the City of Farmington which shall set forth
various conditions including the amount of $25,500 determined
as cash in lieu of parkland contribution, $75,760 for storm
sewer charges, $1,142.00 for water area credits and $665,855.00
for surety.
c. The Developer reimburse the City for all engineering,
administrative, legal and SWCD costs.
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Council Minutes - 9/20/93 - Page 4
d. The Developer agrees to furnish the City two (2) reproducible
and two (2) reduced reproducible copies of the filed plat in
accordance with Title 11, Chapter 3, Section 4 of the City
Code.
e. The preliminary plat incorporates the conditions set forth in
the August 31, 1993 Planning Commission minutes relating to
Prairie Creek Preliminary Plat.
APIF, MOTION CARRIED.
MOTION by Galler, second by Kuchera to adopt RESOLUTION NO.,R110-93
approving the Developer's Agreement for Prairie Creek Addition.
APIF, MOTION CARRIED.
MOTION by Ristow, second by Orr to adopt ORDINANCE NO. 093-317
approving the Prairie Creek PUD. APIF, MOTION CARRIED.
b. Public Hearing - Project 93-9 - 1993 Seal Coat Assessments
Administrator Thompson noted that the hearing notice had not been
published. It was the consensus of the Council that it would hear
testimony tonight, reschedule the hearing and enter the testimony
as part of the rescheduled public hearing.
Ron Gerten:
The original notice for Dakota County
Lumber was $30.00. What is it now?
Adm. Thompson:
$450.00.
Gordon Chant:
Why was I assessed for 2 units?
Adm. Thompson:
It has been adjusted to 1 unit.
.
Gordon Chant:
My house faces Oak Street. Should I
have been assessed?
Cm. Galler:
We will check it out.
Mayor Kuchera:
The property at 3rd and Beech Street
was assessed last year.
Adm. Thompson:
It will be taken off if it was
assessed last year.
Mr. Chant submitted a written appeal.
MOTION by Rotty, second by Orr to set a public hearing for
October 4, 1993 at 7:15 P.M. to consider the proposed seal coat
assessment roll. APIF, MOTION CARRIED.
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Council Minutes - 9/20/93 - Page 5
c. Consider Vacating 5 Feet of 10 Foot Utility Easement - Dakota
County Estates 7th Addition
Administrator Thompson informed the Council that the Notice of
Public Hearing for the vacation had not been published and
recommended that the hearing be rescheduled
8. MOTION by Ristow, second by Kuchera to change the dates from
October 11th as set in the Consent Agenda due to the Columbus Day
Holiday to October 12, 1993 at 6:30 P.M. for the following public
hearings:
a. Consider vacation of various streets, alleys and easements in
City Center.
b. Consider vacation of sanitary sewer easement in Section 13.
c. consider vacation of 5 feet of a 10 foot utility easement in
Lot 1, Block 2, Dakota County Estates 7th.
APIF, MOTION CARRIED.
9. MnDOT Cooperative Agreement. Administrator Thompson noted that
the proposed resolution should be amended to reflect that the
Council was authorizing staff to negotiate an agreement. MOTION by
Orr, second by Galler to adopt RESOLUTION NO. Rlll-93 seeking a
cooperative agreement with MnDOT for construction of a storm sewer
system to serve portions of TH 3 and TH 50 in the southeast area of
Farmington as amended. APIF, MOTION CARRIED.
10. ALF Joint Powers Agreement. (Memo from ALF Director dated
August 30, 1993.) Councilmember Orr explained the changes noting
the major changes were limitations on alternate members. MOTION by
Rotty, second by Kuchera to adopt RESOLUTION NO. Rl12-93 approving
various amendments to the ALF Joint Powers Agreement. APIF, MOTION
CARRIED.
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11. MOTION by Orr, second by Kuchera to adopt RESOLUTION NO.
R113-93 accepting a $100.00 donation for Rambling River Park from
Marie Miner. APIF, MOTION CARRIED.
12. East Far.mington POD and Preliminary Plat Update.
Administrator Thompson presented an update noting conditions and
adding the following conditions: MUSA approval, time lines, and
changing the southeast area sanitary sewer and storm sewer
condition from commencing construction to having the bids let. A
lengthy discussion followed regarding the timing of the southeast
area storm sewer and plat approval. MOTION by Orr, second by
Galler to adopt RESOLUTION NO. Rl14-93 approving the preliminary
plat and authorizing the signing of the final plat with the noted
conditions and that the time deadlines be set for August 1, 1994.
VOTING FOR: Galler, Ristow, Orr, Kuchera. VOTING AGAINST: Rotty.
MOTION CARRIED.
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Council Minutes - 9/20/93 - Page 6
13. City Center Developers Agreement. Approve the standard
agreement with the elimination of Paragraph #5 - Sales Office;
change surety to $191,640.00 and form to cash escrow, letter of
credit or certified check. Administrator Thompson stated that the
Council could consider approving the plat with various conditions.
MOTION by Galler, second by Orr to adopt RESOLUTION NO. Rl15-93
approving the City Center developer's agreement with the noted
changes and to approve the preliminary plat and authorize the
signing of the final plat with the following changes:
a. Receipt of a signed, notarized statement from the preparer that
the final plat is identical to the preliminary plat, as
approved.
b. The City and Developer execute a developer's agreement as
prepared by the City of Farmington which shall set forth
various conditions including the amount of $35,623.00 for storm
sewer charges, $7,281.00 for water area charges and $225,082.00
for surety.
c. The Developer reimburse the City for all engineering,
administrative, legal and SWCD costs.
d. The Developer agrees to furnish the City two (2) reproducible
and two (2) reduced reproducible copies of the filed plat in
accordance with Title 11, Chapter 3, Section 4 of the City
Code.
e. The Planning Commission approve the various variances.
f. The Council vacates the required alleys, streets and utility
easements.
APIF, MOTION CARRIED.
.
14. Change Order #4 - Project 92-17 - FAA/Locust
Ristow, second by Kuchera to approve Change Order
$992.50 and adding $2,130.00 for jacking a pipe.
Kuchera, Rotty, Galler, Ristow. ABSTAIN: Orr.
Street. MOTION
#4 deducting
VOTING FOR:
MOTION CARRIED.
15. Southeast Area Sanitary Sewer and Stor.m Sewer Projects.
Presentation by Consulting Engineer Don Burgardt. Discussion
followed on:
a. 90 day acceptance period,
b. developer's option to do excavation or use City's bid (will be
incorporated into developer's agreement),
c. financial and legal analysis.
MOTION by Orr, second by Galler to adopt RESOLUTION NO. Rl16-93
approving plans and specifications for Project 93-14 (Southeast
Area Storm Sewer) and ordering the advertisement of bids to be
opened on October 15, 1993. VOTING FOR: Kuchera, Rotty, Galler,
Orr. ABSTAIN: Ristow. MOTION CARRIED.
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Council Minutes - 9/20/93 - Page 7
MOTION by Kuchera, second by Galler to adopt RESOLUTION NO. R117-93
approving the plans and specifications for Project 93-15 (Southeast
Area Sanitary Sewer) and ordering the advertisement for bids to be
opened October 15, 1993. VOTING FOR: Rotty, Galler, Orr, Kuchera.
ABSTAIN: Ristow. MOTION CARRIED.
16. Fair Parking and Other Concerns. (Memo dated August 20, 1993
from Police Chief regarding traffic, parking and crowds.) The
following were suggested:
a. Special entrance for season ticket holders.
b. Have ticket takers move along the line.
c. Odd/Even parking.
d. Parking permits for guests.
e. Provide a more welcoming atmosphere during the fair.
The Police Chief was directed to return with a change in the policy
allowing parking on the street. Jerry Henricks was directed to
contact the Chamber of Commerce to install banners.
17. There will be a joint meeting with the Water Board for
September 27, 1993, the evening of the Water Board's regular
meeting.
18. MOTION by Orr, second by Kuchera to appoint Bud Osmundson as a
representative to the VRWMC. APIF, MOTION CARRIED.
19. Roundtable:
a. Compliment on Councilroom redecorating.
b. Survey for solid waste - update.
c. Future budget meetings.
d. New microphones.
e. Farmington's taxes dropped 2%.
f. Revise sump pump inspection forms so they do not state basement
has not been wet.
20. MOTION by Ristow, second by Orr to adjourn at 11:00 P.M..
APIF, MOTION CARRIED.
Respectfully submitted,
/j7
Larry Thompson
City Administrator
Approved
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