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HomeMy WebLinkAbout08.15.88 Council Minutes MINUTES COUNCIL MEETING REGULAR AUGUST 15, 1988 1. Mayor Kelly called the meeting to order at 7:00 P.M. Members Present: Donaldson, Kelly, Mayer, Sprute. Members Absent: None. Also Present: Administrator Thompson, Attorney Grannis. 2. MOTION by Mayer, second by Donaldson to approve the agenda as presented, except moving items 13c and 13d up on the agenda. APIF, MOTION CARRIED. 3. Mayor Kelly stated that, because of the apparent deadlock regarding the appoint- ment of a councilmember, she was going to appoint Christopher Galler as a council- member. Councilmember Sprute requested that the Council be allowed to vote on the matter since the City had received new applicants. MOTION by Kelly, second by Donaldson to appoint Christopher Galler to fill the Council vacancy created by Councilmember Kelly's appointment as Mayor. APIF, MOTION CARRIED. 4. It was the consensus of the Council to approve the minutes of the July 26, 1988 special meeting and the August 1, 1988 regular meeting. 5. During citizen comments, Leah Blake asked if the crosswalks would be restored in the downtown area. The Council directed staff to restore the crosswalks as soon as the seal coat rock is removed. 6. MOTION by Sprute, second by Mayer to adopt Resolution No. R52-88 appointing election judges as submitted with the elimination of Christopher Galler, designating the Senior Center as the polling place for the September 13, 1988 primary election. APIF, MOTION CARRIED. 7. Mayor Kelly opened the public hearing at 7:15 P.M. to consider the amendment of the Dakota County Estates PUD and approval of the preliminary plat of Dakota County Estates 5th Addition. Administrator Thompson stated that concern was expressed by the Council and public relating to quad homes during the platting of Dakota County Estates Fourth. Mr. Thompson stated that the PUD amendment and proposed plat would change the quad homes to single family lots. Mr. Thompson added that the Planning Commission had recommended approval. The following testimony was heard: Jack Benedict: During the platting of Dakota County Estates Fourth, the Council asked if I could delay the project until the quads could be changed to singles. I couldn't at the time because I would have missed the 1987 construction season. Now I am requesting the change because it appeared that is what the Council wanted and neighborhood residents. Also singles are selling better than quads. Cm. Donaldson: Jack Benedict: David Garin: Will the storm sewer on Lot 8, Block 2 affect the building site. No. I commend Jack for what he's proposing; it's what the people want. Milton Johnson: I thought all of this had been settled already. Everyon~ in the addition wants it changed to singles. Francis Huser: David Garin: Jack Benedict: Greg Heitland: Mayor Kelly: Richard Wood: I thought the same when I bought my house. Our backyard faces the quads and our house will go down in value. Will the quads be rented out to low income persons - any government programs? Apartments would not be cheap, and there would be no government programs. Is the 16 unit apartment still behind the Budget Mart? The 16 unit apartment is not being considered. It is still platted for it. What is the reason for the quads? Cm. Mayer: They provide a buffer zone between commercial and singles, and provide alternative housing. Christopher Galler: Developments like this are thought out very carefully by the Planning Commission in order to provide transitions and alternative housing. Not everyone can afford a single family home. Richard Wood: Cm. Mayer: attractive. Richard Wood: Why mix them all together; why not put them someplace else? It provides a transition zone. We have several areas of town where singles are located next to quads and it has been Why weren't we told? Adm. Thompson: If you owned your home before the Fourth addition was platted, you would have received notification of the hearing. After the property is platted, it is up to the individual to check with the City or to rely on the salesman's advice. Milton Johnson: I don't believe it provides a buffer because single family homes still are adjacent to the 16 units. The only thing it does is separate two rows of singles. Mayor Kelly opened the public hearing at 7:30 P.M. to consider amending the Zoning Ordinance by adding Day Care Centers as a permitted use in the A-I and A-2 Districts. The hearing was continued until later in the meeting. Jack Benedict: included the quads. Gary Heitland: Cm. Mayer: Charles Hansen: Adm. Thompson: Francis Huser: Mayor Kelly: The only way the Planning Commission and Council would give commercial zoning for the mall was through a PUD, which Is commercial planned behind the Budget Mart? No. Just along CSAH #31. My house will go down in value. I was never told by the City it was going to be quads. It's not up to the City to tell you once it has been platted. It's going to be more dangerous in the neighborhood with rental units. Do you have the area posted as future multi-family in your sales office? Minutes - Council - Regular - 8-15-88 Jack Benedict: Dan Larson: prospective buyers. Adm. Thompson: Charles Hansen: Yes. This was my first house. You rely on the ~eeren to tell you the truth. The City should have a way of notifying There is no way we can monitor what realtors are doing or saying. It's up to the buyer to contact the City. There was a large easement behind my house. Why didn't the City sell it to the property owners? Adm. Thompson: The City did not own any property by your house. a large portion of the easements, which reverted to the original property owners. Why did the City let Jack Benedict purchase the 32' strip of property? He purchased it from a private party. You could have purchased it if you wanted boo The City should stake all of the easements so the owners know where they are. Adm. Thompson: The corner pins to your lot should be in. The City does not stake easements because the number of requests would keep a full time surveying crew busy. Charles Hansen: Adm. Thompson: Charles Hansen: Charles Hansen: Jack Benedict: Cm. Sprute: Mayor Kelly: at this time. Cm. Donaldson: have a problem Cm. Mayer: Greg Heitland: Cm. Mayer: Daniel Larson: Cm. Mayer: Daniel Larson: Adm. Thompson: Tom Merhar: it's up to you. It did vacate control back Is the City insisting that the quads be changed or is Jack (Benedict)? I was led to believe by the Council that there would be no problem changing to singles. I never stated that I was in favor of singles. The purpose Council can , f"~ ~- . '."-~-~ of this hearing is to receive testimony so the lllake its decision. The City is not insisting "f-LJ. ~k+ . ).' r - I was in the audience during the Dakota County Estates Fourth hearing and I was led to believe that the Council would not replatting. Originally the zoning was R-l. The quads were a tradeoff for the commercial. I like the area; it's what attracted me to Farmington. But the development is advertised as single family. We do not have control over what the developer tells people. How do we go about changing the quads to singles? That's what we're here for. Why can't they be moved? Then we would be having the same argument with another group of residents. Last year the residents met with Jack at the urging of the Council in order to resolve the quads. Jack has held up his part, now You said the quads were originally a buffer, now there is nothing to buffer because singles are on either side. Cm. Mayer: Why are you so opposed to quads? (A number of people responded) It will devalue our property. They are right up against my property. Let's not try to point fingers and admit we all made a mistake. The quads no longer buffer anything because they are located between single family homes. I can't buy the "buyer beware" argument. We came to Farmington in good faith and I would like the Council to support us. Mayor Kelly: I recall the discussions during the platting of the Fourth Addition, and I believe we led the people to believe the Council will change the quads to singles. I am in favor of changing the PUD. Cm. Sprute: (Reviews the entire PUD in relation to existing housing.) I don't recall agreeing that we would change the PUD. I feel the developer brought alot of this on himself by not fully explaining all of the housing alternatives in the plat. Why does the City use a PUD? Milton Johnson: Charles Hansen: Natalie Trevis: Greg Heitland: Adm. Thompson: So that is can plan for a more orderly and harmonious development over a large area. It gives the City greater control, yet rewards developers by allowing alternative uses and greater densities. The developer is asking for reduced densities because of neighborhood sentiments and market conditions. Cm. Sprute: Attorney Grannis: Cm. Sprute: Adm. Thompson: Cm. Sprute: Adm. Thompson: Do we have an assurance that the City is not pressuring the developer into reducing the density. Can we be held liable? He made the application. The City would not be liable. What is the impact of the PUD change? It is the same as a rezone. How will this impact the housing goals in the Comprehensive Plan? It's a minor change. It would not have a significant impact. em. Sprute: I'm .concerned about changing any part of the PUD. Once you start changing it, more and more requests for changes can come, such as the sixteen units. I support the change to less density, because the single family lots are small to begin with. My biggest concern is the developer not informing residents of what is planned for the area. I don't believe the requested change would alter the PUD too much. We can't keep pushing out multi-family housing. Cm. Donaldson: I've been on both sides of the fence on this issue and can see both arguments. I feel, in the future, we should move multi- family housing away from" single/, \/ . .. ~",,' \i'\ 1..\ '-- Cm. Mayer: I thought when we first approve the PUD the entire concept was correct. Maybe it's not the PUD itself, but the process which is the problem. I will support the change, but I feel that the entire PUD and process is correct to avoid these problems in the future. Mayor Kelly closed the hearing. Minutes - Council - Regular - 8-15-88 8. MOTION by Mayer, second by Kelly to adopt Ordinance No. 088-204 amending the Dakota County Estates PUD by changing the quad lots to single family lots. APIF, MOTION CARRIED. 9. MOTION by Mayer, second by Donaldson to adopt Resolution No. R53-88 approving the preliminary plat and authorizing the signing of the final plat, Dakota County Estates Fifth Addition, contingent upon the City receiving a certificate from a registered survey indicating the final plat is identical to the preliminary plat. APIF, MOTION CARRIED. 10. Mayor Kelly reopened the public hearing to consider amending the Zoning Ordinance by allowing Day Care Centers as permitted uses in the A-I and A-2 Districts. Administrator Thompson stated the Planning Commission had recommended the change in reaction to a variance request for Christian Life Church. Mr. Thompson indicated that the use seemed to be consistent with schools and churches, which are permitted uses. Mayor Kelly closed the hearing. MOTION by Kelly, second by Sprute to adopt Ordinance No. 088-205 amending the zoning ordinance by adding Day Care as a permitted use in the A-I and A-2 District. APIF, MOTION CARRIED. 11. The City next considered a proposal by the Dakota County HRA to establish a Tax Increment Finance (TIF) District on the Farmington Mall (formerly Towns Edge Shopping Center) site. Dakota County HRA Executive Director Mark Ulfers indicated that because of the poor shape of the building, the site would qualify as a redevelopment district, and TIF funds could be used to assist with the im- provement. Representatives of the Farmington Mall outlined the proposed improvements. MOTION by Kelly, second by Donaldson to adopt Resolution No. R54-88 supporting the establishment of a TIF Redevelopment District on the site of the Farmington Mall by the Dakota County HRA. APIF, MOTION CARRIED. 12. The Council next considered the appointment of a solid waste coordinator. MOTION by Kelly, second by Donaldson to appoint Robert Williamson as the Solid Waste Coordinator per the terms outlined in the August 10, 1988 memo from the Administrator, plus a one year probation. APIF, MOTION CARRIED. 13. Discussion followed regarding the City pursuing designation as a Star City. LaDonna Riste outlined the program, and added that the EDC had completed most of the steps. Ms. Riste stated that she was working on donations to help fund the remaining steps. MOTION by Kelly, second by Sprute to adopt Resolution No. R55-88 supporting the Star Cities program. APIF, MOTION CARRIED. 14. MOTION by Kelly, second by Mayer directing the City Attorney to pursue legal remedies relating to unfinished work at the Fire Hall. APIF, MOTION CARRIED. 15. Mayor Kelly appointed Councilmember Mayer as Acting Mayor. Councilmember Mayer declined, stating he had other Council commitments which took a great deal of time. Mayor Kelly appointed Councilmember Sprute as Acting Mayor. MOTION by Kelly, second by Mayer to ratify Mayor Kelly's appointment of Councilmember Sprute as Acting Mayor. Voting for: Donaldson, Kelly, Mayer. Against: None. Abstain: Sprute. MOTION CARRIED. 16. MOTION by Mayer, second by Kelly to deny the request by James Reitz to forgive the delinquent utility bills on his rental property. APIF, MOTION CARRIED. 17. MOTION by Sprute, second by Donaldson to appoint Finance Director Wayne Henneke as the City's statutory Deputy Treasurer. APIF, MOTION CARRIED. 18. MOTION by Donaldson, second by Kelly to remove the City Administrator's position from the Personnel Policy. APIF, MOTION CARRIED. 19. MOTION by Kelly, second by Sprute to authorize expenses for the Police Chief selection consultant's trip to Farmington. APIF, MOTION CARRIED. 20. MOTION by Sprute, second by Kelly to approve the consent agenda as follows: a. Approve Capital Outlay Request - Police - Squad Sirens - $,1,327.70. b. Approve Resolution No. R56-88 waiving the 60 day waiting period of a gambling license for the American Legion. c. Approve payment of the bills as submitted. APIF, MOTION CARRIED. 21. MOTION by Sprute, second by Donaldson to approve a schools and conference request - Senior Center. APIF, MOTION CARRIED. 22. MOTION by Mayer, second by Donaldson to adopt Resolution No. R57-88 accepting the donation of end tables and a coffee table to the Senior Center from the Lutheran Brotherhood Branch #8011. APIF, MOTION CARRIED. 23. Councilmember Mayer requested that the City obtain quotes from the 4th Street contractor to repair the intersection at 9th and Hickory and 10th and Hickory. The Council directed staff to obtain quotes. 24. During roundtable, the following items were discussed: a. Removal of weeds on the 700 block of 2nd Street. b. Possible delay of enforcing the implementation of the non-conforming sign ordinance. c. Place discussion of Council salaries on the next agenda. d. Stop signs - Dakota County Estates. e. Removal of weeds in Fair Hills Addition. f. Playground equipment in Dakota County Estates. g. LMC Regional meeting. h. Co-composting Town meeting at Dakota County Extension office on August 24, 1988 at 7:30 P.M. 25. MOTION by Sprute, second by Donaldson to adjourn at 10:30 P.M. APIF, MOTION CARRIED. Respectfully submitted, ~)7r- Larry Thompson City Administrator Approved , ,! j '-I f .. ~c; Ch'v'V{~ \})jj~