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HomeMy WebLinkAbout02.20.96 Council Minutes MINUTES COUNCIL MEETING REGULAR FEBRUARY 20, 1996 The meeting was convened by Mayor Kuchera at 7:00 P.M.. Members Present: Kuchera, Fitch, Galler, Gamer, Ristow. Members Absent: None. Also Present: Interim Administrator Finstuen, Attorney Grannis. 2. The Mayor led the Council and audience in the Pledge of Allegiance. 3. MOTION by Ristow, second by Galler to approve the agenda with the following changes: a) Remove the approval of the February 5, 1996 minutes from Consent for a correction. b) Note the correction of John Erar's middle initial from "L" to "F". c) Remove item 5g - Reaffirming policy on Boulevard Landscaping - from Consent for discussion. d) Remove item 5h - Participation in Dakota County Cluster for Livable Communities Act - from Consent for discussion. e) Add item 5k - Approve Application for LCMR Grant for prairie Waterway - to the Consent Agenda. APIF, MOTION CARRIED. 4. There were no citizen comments. 5. MOTION by Ristow, second by Gamer to approve the Consent Agenda as follows: a) Adopt RESOLUTION NO. R23-96 approving entering into a traffic signal agreement with Dakota County for the intersection of County Roads 31 and 50. b) Adopt RESOLUTION NO. R24-96 appointing the Public Works Director as the local weed inspector. c) Approve the appointment of and the employment agreement with John F. Erar for the position of City Administrator. d) Approve the permit for temporary concrete recycling for Friedges Landscaping. e) Adopt RESOLUTION NO. R25-96 accepting the feasibility report for Phase II and IV of the Farmington Industrial Park. f) Approve increasing Part Time Building Inspector's hours from 20 to 30 hours per week. g) Approve payment of the bills as submitted. h) Adopt RESOLUTION NO. R26a-96 approving the submittal of an application for a LCMR Grant for improvements to the prairie Waterway. APIF, MOTION CARRIED. 6. Member Ristow requested the minutes of February 5, 1996 be corrected in paragraph 7 by changing the name "Mr. Murphy" to "Mr. Johnson". MOTION by Ristow, second by Galler to approve the February 5, 1996 minutes as corrected. VOTING FOR: Ristow, Gamer, Kuchera, Galler. ABSTAIN: Fitch. MOTION CARRIED. 7. Review of Policy on Boulevard Landscaping Public Works Director Kaldunski informed the Council that a resident had requested reimbursement for damage caused to a decorative metal wagon wheel by the City's snow plow. Mr. Kaldunski briefly reviewed the ordinance and policy which states that landscaping may be placed in the City's boulevard, however, the City is not liable for damages which may be incurred by the property owner due to City work in the boulevard. The resident making . ..'... 'i'.~:,"- ,_'~-'-:'" ',...':-. -. . . . '--~'---,---~' Minutes - 2/20/96 - Page 2 the request for reimbursement, June Benson, was in the audience and addressed the Council. She stated that she was unaware of the policy and that the wheels had been at the end of her driveway for ten years. It was Ms. Benson's opinion that the public was not adequately informed or aware of the policy regarding boulevard landscaping and, since the City vehicle caused the damage, the City should pay to have it repaired. Mr. Kaldunski noted that the ordinance allowing boulevard landscaping had been adopted last April and after its adoption the ordinance was published in the official newspaper and an article had been published in the City's newsletter which is mailed to all residents. The C~uncil discussed various aspects of the ordinance and enforcement and, though, they were sympathetic with Ms. Benson's dilemma, the consensus was that the City should not pay for damages to the wagon wheel. MOTION by Galler, second by Fitch to support the boulevard landscaping ordinance as adopted. APIF, MOTION CARRIED. 8. Participation in Dakota County Cluster for Livable Communities Act Member Fitch had concerns about whether participation in this program would lead to people outside of Farmington making decisions that would directly affect the City. City Planner Tooker explained that Farmington would retain control of its decision making rights and that participation was on a year by year basis, therefore, the City could choose to opt out of the Cluster further down the line. Mr. Tooker also pointed out the advantages of being able to use the services of County staff when dealing with the Metropolitan Council and that joining the Dakota County Cluster would be looked upon favorably by Metropolitan Council staff. MOTION by Fitch, second by Galler to adopt RESOLUTION NO. R26-96 approving participation in the Dakota County Cluster for the Metropolitan Livable Communities Act. APIF, MOTION CARRIED. 9. Mayor Kuchera opened two public hearings scheduled for 7:30 P.M.. Continued Hearing for Approval of TroyHill PUD Planner Tooker provided background information on the PUD which is an extension of the existing TroyHill Subdivision and would add approximately 133 lots to the current inventory of available lots. He stated that the project would be completed in two phases, with the east side of the PUD being developed first. The concerns raised by the City Engineer regarding the storm water drainage pond, which were the cause of the original hearing being continued, have been satisfactorily addressed. Mr. Tooker stated that the Planning commission had reviewed and approved the PUD subject to the following: . providing a 20 foot width at the south end of Outlot A; . adjusting the rear lot line of Lot 17 to a straight line; . providing a well site (Lot SO as recommended by the City Engineer) ; . satisfaction of concerns regarding NURP ponds; . providing both architectural character and school demographics. Fritz VanNest, the developer, was present to answer the Council's questions. He stated that he was bringing the PUD forward in order to firmly establish for the Council&nd the City what his plans were for the development of TroyHill. The Council raised various questions among which were: Drainage Pond The pond will have the look of a natural wetland. Houses backing up to the pond will be 40 to SO feet from the edge, however, there will be vegetation around the pond and,~he water (approximately 4' deep at center) will be further toward the middle. The City wil own the pond and will be responsible for cleaning debris from it. Access will be available for this maintenance. No nurping will be needed since storm water will ~9t flow across any streets (i.e. no oil or contaminants) before entering the pond. The e~evation Minutes - 2/20/96 - Page 3 change between the housing and ponding area will be dramatic. Prospective homeowners will be informed of the existence of the pond. Well Site Lot SO has been selected as the site for a well house. The building will be constructed with an architecture which will be compatible with a neighborhood setting. Lot 17 The rear lot line will be straightened. The jog in the road was a result of previous platting for right of way in Fair Hills. The Mayor asked for public input on the PUD. There were no comments from the audience. MOTION by Ristow, second by Gamer to close the public hearing. APIF, MOTION CARRIED. MOTION by Fitch, second by Kuchera to adopt ORDINANCE NO. 096-371 approving the TroyHill PUD with conditions imposed by the Planning Commission in their minutes of February 13, 1996. APIF, MOTION CARRIED. Vacation of Easements in Block 3 of Dakota County Estates 9th City Planner Tooker provided an overview of the reasons for the vacation request. He noted that the proposed resolution forwarded to the Council would be amended by adding legal descriptions for the easements to be vacated and that wording would be added that the vacations would be granted contingent upon the lots in Block 3 being replatted for the townhome development. Mayor Kuchera asked for public comment, but none was given. MOTION by Gamer, second by Galler to close the public hearing. APIF, MOTION CARRIED. MOTION by Ristow, second by Kucher~ to adopt RESOLUTION NO. R27-96 with the changes noted by Planner Tooker. APIF, MOTION CARRIED. 10. Conditional Use at Spruce and 2nd Streets Planner Tooker stated that this item came about in response to a letter received by the City regarding the appearance of the property being used by R&C Rental and that he was seeking Council input on how they would like the matter handled. The City Attorney felt the issue was covered in the ordinance under outdoor sales and that a conditional use permit be required for the use. Councilmember Ristow questioned whether other businesses would be affected by the conditional use process. It was noted that there were other businesses within the City which have outside display of equipment. Mayor Kuchera questioned the validity of taking action since the letter of complaint was not signed. Police Chief Siebenaler stated that he had spoken with the proprietor of the business shortly after it opened and requested that the equipment be moved due to problems with obstruction of vision for traffic. He stated that the response from the business was prompt and as requested. It was further noted that the business was in the process of looking for a new place in which to locate. It was the consensus of the Council that staff research other situations within the City and contact surrounding cities to determine what their policies were on outside storage of equipment. No further action was taken at this time. 11. Hiring of Part Time Liquor Store Clerks This item raised some concern with the Council due to one of the applicants being related to the person who would be supervising him. It was noted that there was nothing in the Personnel Policy which prevented this, and that others who were related worked for the Minutes - 2/20/96 - Page 4 City but in different departments. The Council felt it would be advisable to contact the City's labor relations consultant as to the propriety of such an arrangement. It was also suggested that the Compensation Committee review the qualifications of the top candidates for the position. MOTION by Galler, second by Fitch to hire Sue Halvorson and Dale Hale as part time liquor store clerks. APIF, MOTION CARRIED. 12. Roundtable . The Council was reminded of the joint Council/planning Commission workshop on February 21st. Councilmember Galler and Mayor Kuchera stated they would not be able to attend. . Member Ristow requested that an article be placed in the City newsletter regarding the boulevard landscaping ordinance and policy. . Public Works Director Kaldunski informed the Council that the City had experienced a significant reduction in sewer flows and, therefore, had a credit of $103,000 for 1995. Credit for the reduction was given to both the sump pump inspection program and the Prairie Waterway project. . Mr. Kaldunski informed the Council that he had received a call from Dave Everds, Dakota County Highway Engineer, stating that a Fair Hills resident will be addressing the County Board on the relocation of County Road 31, and the County wanted the City, to reaffirm its position on the County 31 project. The Council confirmed their support of the project. Member Gamer offered to attend the meeting with Mr. Kaldunski. . It was noted that the Genstar petition for improvements to their property was still awaiting Council discussion/action. 13. MOTION by Fitch, second by Galler to adjourn at 8:38 P.M.. APIF, MOTION CARRIED. Submitted by, Karen Finstuen Interim City Administrator Approved ,,",.':.