HomeMy WebLinkAbout06.17.91 Council Minutes
MINUTES
COUNCIL MEETING
REGULAR
JUNE 17, 1991
1. Mayor Kuchera called the meeting to order at 7:00 P.M.
Members Present: Kuchera, Mayer, Orr, Derington, Galler.
Members Absent: None.
Also Present: Administrator Thompson, Attorney Harmeyer
2. MOTION by Galler, second by Orr to approve the agenda with the following changes:
a. Add Feasibility Report - Addendum #1 to Middle School Feasibility Report -
Project 91-10 - Pine Street Improvements.
b. Remove Item 6B - Petition - 4th Street Sanitary Sewer.
c. Remove Item lIb - Pay Estimate - Project 90-1 - Farmington Industrial Park.
d. Add EDC Report.
e. Remove Item 11f - Mountain Dew Days Permits from Consent Agenda for general
discussion.
APIF, MOTION CARRIED.
3. MOTION by Orr, second by Galler to approve the minutes of the May 30, 1991 Special
Meeting with the change that Councilmember "Galler" abstained under paragraph 6.
APIF, MOTION CARRIED.
4. MOTION by Orr, second by Kuchera to approve the minutes of the June 3, 1991
regular meeting. APIF. MOTION CARRIED.
5. Councilmember Galler reported on the following items discussed by the EDC:
a. Mt. Dew Days coming under EDC.
b. Growth Issues resolution.
c. Regional Airport resolution.
d. Upcoming changes to the Joint Powers Agreement.
e. Status of Farmington Ford.
6. The Council next considered a proposed maintenance agreement for the voting
machines. Questions were raised relating to various options.
7. Mayor Kuchera opened a public hearing to consider the proposed Elm Park TIF
District.
8. Mayor Kuchera opened a public hearing to consider the Elm Park Street and Utility
Project (No. 91-6).
9. Elm Park TIF.
HRA Executive Director Henricks presented a brief overview of the project. The
following testimony was given:
Cm. Derington:
25 year district. If costs go up, will it impact district?
Yes, substantially.
The Council is establishing the district, not committing to
the actual project at this time.
What if the project is not approved or implemented?
Cm. Orr:
Dir. Henricks:
Adm. Thompson:
Council Minutes - 6/17/91 - Page 2
Dir. Henricks:
Cm. Orr:
Dir. Henricks:
Mayor Kuchera:
Dir. Henricks:
Cm. Orr:
Dir. Henricks:
?:
Cm. Derington:
Cm. Galler:
Dir. Henricks:
Cm. Galler:
Dir. Henricks:
The district automatically dissolves if no action is taken in
three years.
How long was Erickson's?
Established in 1975 and ongoing.
Will the water main be looped?
Yes.
What is required?
Adopt a resolution establishing the district and approving the
TIF plan.
Is this project a go? You seem unsure.
You may be confused with the Elm Park Improvements.
How is the clean up to the north going to be financed?
There are no superfund dollars available. We will have to use
TIF.
Can we keep the northern property in the TIF District if no
buildings are constructed?
Yes, if streets and utilities are installed.
MOTION by Derington, second by Galler to adopt RESOLUTION NO. R59-91 approving TIF
Redevelopment District #2 TIF Plan. APIF, MOTION CARRIED.
Elm Park Project.
Administrator Thompson presented an overview of the project and proposed assessment
as outlined in the June 13, 1991 memo. The following testimony was heard:
em. Orr:
Adm. Thompson:
Cm. Galler:
Will Main Street be assessed against the Elm Street project?
Yes. It will be assessed against the entire project.
Streets, sidewalks, some sanitary sewer and storm sewer are
the only assessments west of 1st Street. Will the water main
loop impact property west of 1st Street?
Mayor Kuchera:
Asst. Eng. Matthys: Yes.
Cm. Galler:
Adm. Thompson:
John Richardson:
Adm. Thompson:
Skip Moench:
I do not like assessing to the midpoint of a block, but it is
Council policy.
Is any oversizing included in the assessments west of 1st Street?
Only the 9 ton design.
Can a water service be provided to 39 Elm Street?
The City Engineer will contact you.
Will the stagnant water on First Street be eliminated?
Adm. Thompson: The water looping should take care of it.
Darrel Franke: How much will my share be?
(Copy of the assessment roll report was distributed.)
Darrel Franke:
Adm. Thompson:
Darrel Franke:
Why is the assessment so high?
It's new construction which is assessed at 100%.
There is no way my property benefits this much.
Council Minutes - 6/17/91 - Page 3
71
Adm. Thompson:
that amount.
Darrel Franke:
Ca. Galler:
Darrel Franke:
Skip Moench:
Adm. Thompson:
lots.
Helen Davidson:
Adm. Thompson:
This is a proposed assessment roll. If you contest the amount,
the City has to prove the value of your property increased by
My property doesn't benefit at all. Other people use the street.
Any property owner can make that argument.
I don't want sidewalk.
I want sidewalk. Why am I assessed two unit?
You potentially have 2 buildable lots on paper. The Council
will ultimately decide if there are 2 "practical" buildable
What about my lot?
You were only assigned one buildable lot because of the flood
plain.
(Farmers Union Coop) You are making a lot of assumptions on
the number of units assigned to Farmers Union Coop. We did
the project. The present road suits us fine. The only reason it's
is for Elm Park. Why not have the grocery store TIF pay for it.
There is not enough TIF to pay for the improvements.
Kevin Sexton:
not ask for
being built
Ca. Galler:
Pam Wagner:
Phyllis Kelly:
Ca. Galler:
Dir. Henricks:
How can 1st Street improvements benefit my property on Elm Street?
We have empty stores allover town. Why are we building new
stores?
The present Erickson store is too small and cannot be expanded.
We tried to get a grocery store to locate at Townsedge Shopping
Center but were unsuccessful.
You already chased business out of town that wanted to locate
on the Elm Park site.
Adm. Thompson: That individual was given several options to locate in Farmington
but the only acceptable site was 1st and Elm. The HRA was unwilling
to give up the corner of 1st and Elm without commitment for the entire site.
What is going in on the corner of 1st and Elm? I am concerned
about traffic.
There is a potential tenant, but they do not want to disclose
their identity at this time.
This project benefits the entire City. The City should pay
for it.
The City is paying for the oversizing and a certain amount of
other project costs.
You are replacing a road, not installing a new road.
It is not an improved road. We are looking for your op1n1ons
this evening. The assessment roll will probably be adjusted.
Should we be concerned about assessments?
We will probably adjust, but we can't adopt an assessment roll
at this time.
Adm. Thompson: The City Councils in the past have always listened to property
owners' concerns. There have been few disgruntled people after
the assessments were finalized.
Phyllis Kelly:
Helen Davidson:
Ca. Galler:
Pam Wagner:
Ca. Orr:
Darrel Franke:
em. Orr:
Helen Davidson:
Ca. Orr:
-
\
Council Minutes - 6/17/91 - Page 4
Mayor Kuchera:
Does anyone feel the Elm Park TIF project should be installed
without street improvements?
Cm. Orr: As noted by the Administrator, this will be a very difficult
project to assess because it is a new road going through an
established neighborhood, which is being driven by the shopping center.
John Richardson:
Pam Wagner:
Adm. Thompson:
Pam Wagner:
Dir. Henricks:
Pam Wagner:
Dir. Henricks:
Cm. Derington:
I have my own sewer line which empties into the main.
We have two lines going into a private line, but it works fine.
We have a service agreement with our neighbors.
The City is opposed to private lines because of the headache
it causes the City.
What happened to the senior housing?
The developer could not get financing.
What if this project fails?
The developer has until July 1, 1991 to get financing.
If this project fails, the HRA will continue to look for a developer.
MOTION by Orr, second by Derington to close the hearing. APIF, MOTION CARRIED.
MOTION by Kuchera, second by Galler to adopt RESOLUTION NO. R6o-91 ordering the
Elm Street project and directing the City Engineer to prepare plans and specifications.
APIF, MOTION CARRIED.
10. The Middle School preliminary plat hearing was opened. Administrator Thompson
updated the Council on the status of the project and developer's agreement as out-
lined in the June 12, 1991 memo. Planner Tooker reviewed the plat, noting the changes
to the ponding areas and additional easements. Assistant Engineer Matthys reviewed
Addendum #1 to the Middle School Feasibility Report relating to Pine Street improvements.
The following testimony was given:
Mayor Kuchera: Will Pine Street have a full size cuI de sac?
Eng. Matthys:
Mayor Kuchera:
Eng. Matthys:
Dan Simon:
Cm. Orr:
Phyllis Kelly:
Adm. Thompson:
Yes.
Will the water be looped?
Yes.
Why is the street included in the feasibility report?
We generally include all improvements. The Council will decide
at the public hearing if the street will be improved.
How much will it cost?
I will prepare a proposed assessment roll for the public hearing.
MOTION by Orr, second by Mayer to adopt RESOLUTION NO. R61-91 acc~pting the Pine
Street Feasibility Report and setting a public hearing for July 1, 1991 at 7:15
P . M. APIF, MOTION CARRIED.
Adm. Thompson:
Warren Sifferath:
Adm. Thompson:
There are 2 basic issues to resolve regarding the Middle School
Plat - storrnwater fees and the location of 208th Street.
The storrnwater management fee caught the School District by
surprise.
Staff provided the fees to the architect in 1989.
." ,~
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Council Minutes - 6/17/91 - Page 5
Warren Sifferath: There appears to be a misunderstanding. It was always the School's
position that 208th Street not go to the north. We agreed to
the north route because of City staff recommendations. We did voice concerns.
It really isn't a matter of preference. It's an engineering
decision which dictates the road go north.
I have no real problem setting the value of the storm water
pond at $4,000 per acre.
MOTION by Galler, second by Derington to set the value of the storm water pond at
$4,000 per acre. APIF, MOTION CARRIED.
Cm. Orr:
Cm. Galler:
Warren Sifferath:
I would like to note that there was a tremendous amount of
cooperation with City staff and the public is going to be pleased
with the results.
MOTION by Galler, second by Orr to close the public hearing. APIF, MOTION CARRIED.
MOTION by Mayer, second by Orr to adopt RESOLUTION NO. R62-91 approving the Middle
School Preliminary Plat and authorizing the signing of the final plat contingent
upon the execution of a development agreement and payment of fees, receipt of a
signed notarized surveyor's certificate, incorporation of engineer's comments dated
June 14, 1991, and submittal of reproducible copies. APIF, MOTION CARRIED.
11. MOTION by Derington, second by Galler to approve the proposed voting machine
maintenance agreement. APIF, MOTION CARRIED.
12. MOTION by Orr, second by Kuchera to adopt RESOLUTION NO. R63-91 relating to
the County's 5 Year CIP per the Administrator's memo dated June 12, 1991, stressing
the importance of the extension of Essex Avenue. APIF, MOTION CARRIED.
13. The Council directed staff to invite Joe Harris, Representative Eileen Tompkins
and Senator Pat Pariseau to a future Council meeting to discuss the 5 year CIP and
other development matters.
14. The Council next considered the final payment for Project 87-7 and the restoration
of the Ristow property. Assistant Engineer Matthys noted that the contractor had
agreed to a $200 reduction and Mr. Ristow had obtained two quotes of approximately
$1,900. It was the consensus that both the reduction and quotes were unacceptable.
It was the consensus that the staff inform the contractor that the Council would
withhold final payment until Mr. Ristow's property is completely and correctly restored.
15. Assistant Engineer Matthys submitted the following bids for the Solid Waste
Truck with Dump Box:
Firm
Farmington Ford
Lakeland Ford
Truck Utilities
Crysteel Truck
Haulers Equipment
North Star International
Bid
$ 31,613.14
32,657.00
32,783.00
34,800.00
38,122.00
No Bid
It was the consensus to table the matter until the Public Work's Director is available
to discuss the ramifications of rebidding the truck or postponing the purchase.
Council Minutes - 6/17/91 - Page 6
16. Assistant Engineer Matthys presented the proposed plans and specifications
for Project 91-1 (Spruce Street). Mr. Matthys noted that Spruce Street would be
widened approximately 1/2 foot on each side between 4th and 5th Street, and 2~ feet
on each side between 5th and 8th Streets, and that the center line elevation would
be substantially followed, except in places which required improved drainage. MOTION
by Derington, second by Kuchera to adopt RESOLUTION NO. R64-91 approving the plans
and specifications for Project 91-1 and authorize the advertisement for bids. APIF,
MOTION CARRIED.
17. Assistant Engineer Matthys presented the following bids for Project 91-11
(Sidewalk Maintenance):
Firm
Bid
M.T. Construction
Rocon Inc.
Kelly Construction
$ 11, 175.00
11,917.50
15,390.00
It was noted that the bids were substantially under estimates, and it was requested
by the City Engineer to approve Change Order #1 expending the full amount of the
budget. It was the consensus of the Council not to expend the full amount at this
time. Mayor Kuchera stated that, based on previous discussion with the City Engineer,
the sidewalk should be installed with metal forms. MOTION by Galler, second by
Kuchera to adopt RESOLUTION NO. R65-91 accepting the bid of M.T. Construction con-
tingent that the sidewalk be installed with metal forms. APIF, MOTION CARRIED.
18. Spencer Hunter requested clarification on the proposed Project 91-1 assessment
for his property. It was noted that the Council could take no official action at
this time, but it was the consensus that the assessments would be close to $500+
as noted in the letter sent to him.
19. MOTION by Derington, second by Orr to adopt RESOLUTION NO. R66-91 approving
the inspection agreement with the Soil and Water Conservation District and amending
Rl-91 incorporating the fee schedule in the agreement. APIF, MOTION CARRIED.
20. The Council next considered a proposal to establish a full time planning position
and appointing Charles Tooker as the Planner. Administrator Thompson indicated
that he had hoped to wait until the 1992 Budget, but the increased work load required
a full time Planner. Councilmember Mayer strongly opposed the request for a Planner,
noting that the position was based on the work load created by the City/Township
issues and that after the matter was settled the position would continue. A lengthy
discussion followed regarding the work load with or without the City/Township issues
and demands in the future. MOTION by Galler, second by Derington to approve the
request per the June 12, 1991 Administrator's memo. MOTION by Mayer, second by
Orr to amend the motion to advertise for applicants for the position. Discussion
followed regarding whether or not to appoint Mr. Tooker to the position. Councilmember
Mayer stated he would like to see if there may be more qualified applicants. Adminis-
trator Thompson noted that the personnel policy stated the position should be adver-
tised. Councilmember Galler stated that Mr. Tooker had served the City for 25 years
as a consultant and did not see how the City could attract a more qualified applicant.
Attorney Harmeyer stated that a deviation from the City policy could expose the
City to a lawsuit. . Voting on the amendment: APIF, MOTION CARRIED. Voting on the
original motion: FOR: KUCHERA, DERINGTON, GALLER, ORR. AGAINST: MAYER. MOTION
CARRIED .
21. Administrator Thompson noted Empire Township had invited the Council to its
June 25, 1991 meeting to discuss the City/Township resolution.
22. MOTION by Orr, second by Mayer to place "No Truck Parking" signs between the
west edge of the Kuchera property and the east edge of the Kuchera property.
Council Minutes - 6/17/91 - Page 7
APIF, MOTION CARRIED.
23. The Council received the employee comments on the City survey. No action was
taken.
24. MOTION by Galler, second by Orr to approve the Consent Agenda as follows:
a. Adopt RESOLUTION NO. R67-91 approving submittal of a Charitable Gambling
application for Farmington Chamber of Commerce.
b. Approve Capital Outlay - Freezer - Liquor Store.
c. Approve Letter of Engagement - Briggs and Morgan.
d. Approve Capital Outlay Request - Public Works - Traffic Counter.
e. Approve extension of development agreement - Dakota County Estates 2nd- 4th.
f. Approve ORDINANCE NO. 091-249 relating to Solid Waste - Garbage set out by
7:00 A.M.
g. Approve School/Conference Request - Finance - IRS.
h. Approve payment of the bills as submitted.
APIF, MOTION CARRIED.
25. Parks and Recreation Director Bell noted that the Mt. Dew Days permit request
had inadvertently left out the request to waive fees. MOTION by Mayer, second by
Derington to approve the permits as submitted and waive the fees. APIF, MOTION CARRIED.
26. MOTION by Kuchera, second by Derington to approve payment to ADS Environmental
Services for $4,275.00 for the metering station project. APIF, MOTION CARRIED.
27. The Council considered a request to contract with Visu Sewer for an ongoing
sewer maintenance program and to approve a budget adjustment to fully fund the program.
MOTION by Derington, second by Kuchera to approve the contract at the present budgeted
amoun t . APIF, MOTION CARRIED.
28. MOTION by Orr, second by Derington to approve Change Order #1 for Project 91-4
(McVicker Demolition) as follows:
Add:
Total
$ 620.00
750.00
375.00
$1,745.00
Stairway Reinforcement
Remove Concrete Ramp
Waterproofing
APIF, MOTION CARRIED.
29. The following items were discussed during roundtable:
a. Joint Land Use Plan Review meeting with the Planning Commission.
b. Council should observe Mt. Dew Days.
c. Assistant Engineer Matthys did a good job at the meeting.
30. MOTION by Mayer, second by Orr to adjourn at 11:55 P.M. APIF, MOTION CARRIED.
/a=;
submitted,
1\ \ \ \',\\
Larry Thompson
City Administrator
Approved