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HomeMy WebLinkAbout06.18.84 Council Minutes 287 MINUTES COUNCIL MEETING REGULAR JUNE 18, 1984 1. Acting MayorOrr called the meeting to order at 7:00 P.M. Present: Orr, Cook, Kelly, Sprute. Absent: Mayor Akin. Also Present: Administrator Thompson, Attorney Gorgos 2. Motion by Sprute, second by Kelly to approve the' agenda with the following additions: 1. Discuss establishment of a Fire Department campaign fund. 2. Discuss the proposed fire station site. APIF, motion carried. 3. It was the consensus of the City Council to approve the minutes of the June 4, 1984 regular meeting. 4. Acting Mayor Orr opened the annual tax equalization meeting, and stated that staff from the County Assessors office would be receiving questions in the meeting room ad- jacent to the Co~ncil Chambers during the Council meeting. 5. Motion by Sprute, second by Kelly to set a public hearing for July 2, 1984 at 7:15 P.M. to consider the transfer of a liquor license from the Eagles Club to Dennis Riste. APIF, motion carried. 6. Motion by Kelly, second by Cook to set a public hearing for July 2, 1984 at 7:30 P.M. to consider the preliminary plat of Terra Second Addition. APIF, motion carried. 7. It was the consensus of the Council that the Administrator submit a developers agree- ment similar to the agreement executed for the first plat. 8. Mr. Thompson updated the Council on the progress of the ambulance service agreement. It was the consensus of the City Council that the Administrator solicit a formal pro- posal from Divine Redeemer before the next regular meeting, and place it on the next meetings agenda for discussion. 9. Administrator Thompson presented an outline of the agreement between the City of Lakeville and the landthwners in sludge/ash site #10 for legal expenses. Motion by Orr, second by Cook that the City pay for 50% of the net costs for legal expenses incurred by the City of Lakeville defending the proper,ty owners in site #10 in their request to get compensation for access to their property for soil borings as outlined in the minutes of October 4, 1982 Lakeville Council meeting. Said payments not to exceed $500. APIF, motion carried. 10. The City Council next considered the specifications for a tractor as submitted by Park and Recreation Director Jim Bell. Mr. Bell stated that the estimated cost of the tractor would be less than.$15,000. Questions were raised regarding the size of the tractor and the types of equipment to be used. Motion by Kelly, second by Orr to adopt Resolution No. R37':'84 approving the specifications for the tractor and calling for quotes. APIF, motion carried. 11. Motion by Sprute, second by Kelly to approve the consent agenda as follows: 1. Approve the temporary beer permit for the Super Store fast pitch t~am. n.iig.. L 2. Approve the display and consumption license for the Farmington Arena. 3. Approve a capital outlay request by Administration for the purchase of a storage cabinet. 4. Approve two tax abatements. 5. Approve payment #4 and change order #1 for Gartzke Construction for work completed on Fair Hills Phase IIA, Utilities. 6. Approve payment #3 to Lund Asphalt for work completed on Dakota County Estates, Street Improvements. 7. Approve payment #2 to Valley Paving for work completed on Fair Hills, Phase IIA, Street Improvements. 8. Approve payment of the bills as submitted. APIF, motion carried. 12. Attorney Gorgos stated that it had been called to the attention of staff that the final plat of Whispering Rivers differed from the preliminary plat which had been approved by the City Council. The most noticeable difference was that the preliminary plat had indicated an 18 foot separation between building complexes and the final plat indicated a 12 foot separation. Mr. Gorgos stated that no substantial changes had been made in the overall concept of the final plat from the preliminary plat that would necessitate the requirement of an additional public hearing, but since there was dis- cussion involving the members of the Fire Department and City Council regarding safety factors, it was his opinion that the matter should be brought to the attention of the City Council. Mr. Gorgos further stated that any action on the final plat should be made by Council action. Mr. Gorgos added that the City Code requires a maximum of 90 days between the approval of the preliminary plat and the submission of the final plat which had been exceeded. Councilman Sprute stated that he felt that there was a sub- stantial difference between the preliminary and final plat and noted as follows: 1. Certain lots were substantially larger. 2. The lots along Division Street had been moved closer to the Oak Street entrance. 3. The lots appeared to have a different staggering effect on the final plat than the preliminary plat. 4. The reduction in space between the complexes was very substantial. 5. The larger lot sizes implied larger buildings on the lots and hence a reduction of green space. Mr. Sprute stated that it was his opinion that those changes constituted a replat. The project engineer, Bill Maurer, stated that the developers had addressed some of those concerns and had resubmitted a new plat labeled Exhibit B which increased the distance between the houses from 12 feet to 16 feet. Administrator Thompson stated that it was his opinion that the final plat still reflected the intentions of the City Council when the preliminary had been approved. Discussion on the matter was tabled. 13. Acting Mayor Orr reconvened the tax equalization meeting. The County Assessor's staff recommended no changes in assessments at this time, but indicated they would re- view the various concerns expressed and would submit them to the County Board for action. Acting Mayor Orr closed the equalization meeting. 14. Discussion followed regarding the Whispering River plat. Tom Angell, a resident in the Whispering Rivers area questioned the authority of the Council to approve a final plat after the ninety days had expired, and asked for a determination of what would happen to the improvements already in place. Attorney Gorgos stated that the City Code did allow for variances from the ordinance if hardship were shown, and did allow the Council the authority to grant the developer to continue with the development even though the plat had not been fi 1 ed. Mr. Ange lla 1 so stated that the placement of driveways and landscaping should be closely adhered to. Motion by Orr, second by Cook to adopt Resolution No. R38-84 approving the final plat as per Exhibit B, and granting the developer the authority to continue with construction on the building OOl) which had been started in the northeast corner of the plat, but that no construction shall take place until the final plat had been filed. The resolution cited several findings and cases of hardship which were listed in the resolution and made a part of the official minutes. Voting for: Orr, Cook, Kelly. Voting against: Sprute. Motion carried. Councilman Sprute clarified his vote stating that he felt the Council did not have the authority to grant an extension beyond the 90 day limitation as cited in the code. 15. Councilman Orr asked Attorney Gorgos is an individual councilman can represent the City of Farmington on his or her own. Attorney Gorgos stated the Council could only act as a unit unless specifically directed by Council action. 16. Councilman Spruterequested that a fund be established for the promotion of the new fi re hall. It was i ndi cated that a certain amount of money had been set as i de for the architect to attend various functions to discuss the fire hall. Attorney Gorgos stated that it was his opinion that the City Council should not be involved in the promotion of the fire hall referendum because it is a matter that should be left up to the voters themselves. No action was taken at this time. 17. Councilman Sprute asked if the proposed site for the fire hall is presently being policed by someone. Administrator Thompson indicated that it was not. Councilman Sprute requested that the area be enclosed by a fence and that a sign placed on the land stating that it is the proposed site for the fire hall. It was the consensus of the,. Council that the building committee look into constructing a sign and report at the next Council meeting. 18. Acting Mayor Orr informed the Council that Metropolitan Council Chairman Sandra Gardebring would be conducting a meeting at Jimmy the Greeks restaurant in Apple Valley on Wednesday, June 20, 1984 at 7:00 A.M. 19. Motion by Sprute, second by Orr to adjourn at 10:00 P.M. APIF, motion carried. Respectfully submitted, Approved 7/;xj84 LT/mh