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HomeMy WebLinkAbout07.06.87 Council Minutes MINUTES COUNCIL MEETING REGULAR JULY 6, 1987 1. Mayor Akin called the meeting to order at 7:00 P.M. Members Present: Akin, Kelly, Mayer, Sprute, Uhl. Members Absent: None. Also Present: Administrator Thompson, Attorney Grannis. 2. Motion by Uhl, second by Kelly to approve the agenda with the following changes: a. Remove item 9a - Payment #2 to Richard Knutson, Inc. - from the agenda. b. Consider the Environmental Assessment Worksheet for the Empire Wastewater Treatment plant expansion. APIF, motion carried. 3. It was the consensus to approve the minutes of the June 15, 1987 regular meeting and the June 29, 1987 special meeting. 4. Motion by Akin, second by Sprute to set a public hearing for July 20, 1987 at 7:15 P.M. at City Hall to consider the rezoning of Lots 1-3, the east 40 feet of Lot 4, and Lots 10-13 all in Block 17, Town of Farmington from B-3 and R-2 to B-2, pursuant to recommendation by the Planning Commission. APIF, motion carried. 5. Motion by Kelly, second by Mayer to set a public hearing for July 20, 1987 at 7:15 P.M. at City Hall to consider amending the Farmington Comprehensive Plan which would change Lots 1-3, the east 40 feet of Lot 4, and Lots 10-13, all in Block 17, Town of Farmington from High Density Residential to General Business. APIF, motion carried. 6. Motion by Kelly, second by Uhl to approve the consent agenda as follows: a. Approve a transient merchant license - Chamber of Commerce. b. Approve a Capital Outlay request - Air Bottles - Fire Department. c. Approve the creation of a temporary part time position of stock clerk at the Liquor Store. d. Approve payment of the bills as submitted. APIF, motion carried. 7. Attorney Grannis informed the Council that a recent Supreme Court ruling relating to zoning laws could have future impact on Council actions. Mr. Grannis stated the ruling stated that property owners could be compensated for an interim taking place when councils placed a moratorium on construction or development. Mr. Grannis stated that this ruling would probably be defined and expanded through future cases. 8. It was the consensus of the Council that a representative of the Council be present at the County Board of Equalization. 9. Mayor Akin opened a public hearing at 7:15 P.M. to consider the vacation of a utility easement on the swt of the NW~, Section 13, TWP 114, R20, City of Farmington. Administrator Thompson explained that the City had accepted new ease- ments over the old easement when Dakota County Estates 3rd and 4th were platted, and that the old easement could pose title problems when the lots were sold. Mr. Thompson recommended that the easement be vacated contingent upon the recording of Dakota County Estates 4th and the developer dedicating additional easements so that the new utility easement is at least 30 feet wide on the northern boundary of the plats. Questions were raised regarding access to the existing utilities. Engineer Cook stated that the City would have no problem if it maintained a 30 foot easement. Jack Benedict stated that he would convey the additional ease- ment. Mayor Akin noted that the City had nothing to lose by vacating the easement. Mayor Akin closed the public hearing. 10. Motion by Akin, second by Kelly to adopt Resolution No. R47-87 vacating that part of the utility easement dated July 1, 1974, recorded September 4, 1974 as Document No. 438971 described as the north 2 acres of the South ~ of the Northwest ~, Section 13, Tl14N, R20, approximately 2 acres, which is located in the Southwest ~ of the Northwest ~, Section 13, Tl14N, R20W, contingent upon the recording of Dakota County Estates Fourth and the dedication of a minimum of a 30 foot utility easement along the north boundaries of Dakota County Estates 3rd and 4th. APIF, motion carried. 11. The Council next considered the plans and specifications for Project 86-9, Sanitary Sewer Lateral in Section 24. General Services Superintendent Tom Kaldunski gave a general overview of the plans. Mr. Kaldunski stated that it was anticipated that 193rd Street would be platted and graded before construction began and that service lines would be installed on the north and south sides of 193rd Street. The sewer would also be stubbed south on the east end of 193rd Street to serve future development to the south. Mr. Kaldunski added that he had contacted the various property owners, and it did not appear that it would be a problem obtaining ease- ments. Questions were raised about the use of ductile iron pipe from mffiiliole 6-10, the future service to the property west of CSAH #31, potential buildup of solids in the pipes and the mandatory arbitration clause. Motion by Mayer, second by Uhl to adopt Resolution No. R48-87 approving the plans and specifications as presented with the amendment of the mandatory arbitration clause to voluntary arbitration. APIF, motion carried. 12. Consulting Engineer Glenn Cook presented the plans and specifications for installation of utilities in Dakota County Estates Second - Phase II and Dakota County Estates Fourth. Mr. Cook proposed that a pond be constructed in the northeastern corner of the plat. Pros and cons were expressed regarding the addition of a second pond in the vicinity. Mr. Cook stated that the pond was not absolutely necessary. Jack Benedict stated that the pond was proposed for aesthetic purposes. Mr. Cook stated that the sanitary sewer system would work by gravity, but future development to the south and east would require a temporary lift station or rerouting of the sewer southeast to the Apple Valley interceptor. Motion by Kelly, second by Uhl to adopt Resolution No. R49-87 approving the plan and specifications for utilities in Dakota County Estates 2nd - Phase II and Dakota County Estates 4th, with the amendment of the mandatory arbitration clause to voluntary arbitration. APIF, motion carried. 13. The Council next considered a proposed amendment to the EDC Joint Powers Agreement, which would reduce the Chamber of Commerce contribution to 0%, increase the City, HRA and ISD #192 by 3-1/3% and allow the Chamber to retain its voting member. Administrator Thompson stated that the amendment was proposed by the EDC in reaction to the Chamber announcing it did not have the financial resources to contribute to the F.DC. Mayor Akin stated that when the Chamber indicated that could not contribute to the EDC, it should have automatically lost its vote. Mayor Akin stated that while he felt the Chamber's involvement in the EDC was important, he could not support a voting member without financial support. Council member Mayer stated that the EDC recommended that the Chamber retain its vote because it felt the group needed its input. Mayor Akin suggested that it could retain its input through a non voting associate member. Council member Sprute stated that he had no problem with the Chamber retaining its vote, and hoped that the Chamber would contribute when they had the financial ability. Council member Kelly stated that she felt it was important that voting members contribute financially. Council member Uhl stated that, since he was new to the Council, he could not make a decision without more back- ground information. Motion by Sprute, second by Mayer to approve the amendment as proposed. Voting for: Sprute, Mayer. Against: Akin, Kelly. Abstain: Uhl. Motion failed. 14. The Council directed staff to prepare a background report on the EDC and report back to the Council. 15. The Council next considered a request by Robert Stegmaier for the City installing improvements in his proposed subdivision under M.S. 429. Administrator Thompson explained the pros and cons of public financing and past practice of the Council. Administrator Thompson stated that the City's potential liability could be mitigated by requiring surety and/or financial and marketing plans. Concerns were expressed regarding the experience of individuals involved in the project and the need for additional information. It was the consensus of the Council that it would require additional information before it would make a commitment. 16. The Council next considered a proposal by Council member Sprute to initiate a reimbursement program for tree planting. Administrator Thompson stated that, while the program did have merit, it should proceed with caution and any potential problems should be worked out beforehand. It was the consensus of the Council that the City would require complete control over location and species of the trees. The Council directed staff to prepare a forestation/reforestation plan and to present it to the Council. 17. Motion by Mayer, second by Kelly to adopt Resolution No. R50-87 endorsing the "needs" section of the Environmental Assessment Worksheet for the Empire Wastewater Treatment Plant Expansion. APIF, motion carried. 18. Motion by Sprute, second by Uhl to adjourn at 9:30 P.M. APIF, motion carried. Respectfully submitted, LT/mh Approved 1/~()/!7