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HomeMy WebLinkAbout03.18.96 Council Minutes MINUTES COUNCIL MEETING REGULAR MARCH 18, 1996 1. Mayor Kuchera called the meeting to order at 7:00 P.M.. Members Present: Kuchera, Galler, Fitch, Ristow, Gamer. Members Absent: None. Also Present: City Administrator Erar, Attorney Grannis. 2. Mayor Kuchera led the Council and audience in the Pledge of Allegiance. 3. MOTION by Ristow, second by Gamer to approve the agenda with the following changes: a) Remove item Sg - Wastewater Conference Request - from the agenda. b) Remove item Sh - Commercial Recycling Contract - from Consent for discussion. c) Remove item Sj - Annual Heating/Ventilation Contract - from Consent for ~iscussion. d) Remove item 51 - Accepting Feasibility Report/Ordering Plans and SpecIfications for 1996 Seal Coat Project - from the agenda. e) Remove item 5p - Accepting Feasibility Report/Ordering Plans and Specifications for Henderson Area Storm Sewer - from the agenda. f) Remove item 5q - Telephone Voice Mail Contract - from the agenda. g) Remove item 5r - Additional Subsurface Investigation for Southeast Area Storm Sewer Project - from Consent for discussion. h) Remove item 5s - Application for Mighty Ducks Grant - from Consent for discussion. i) Add item 5u - Gambling Premise Permit Application for St. Michael's Church Spring Festival - to Consent. j) Table items 6a ana 6b - TIF Hearings for Lexington Standard and Lorenz Lubricants. APIF, MOTION CARRIED. 4. Citizen Comments patricia Hanauer, ISD 192 Superintendent: Informed the Council of a meeting to be held on April 17th at Dakota Electric Association Building. The meeting will be to discuss the results of a survey of students perspectives on needs for a healthier community. Superintendent Hanauer also requested Mayor Kuchera to sign a letter indicating Council support the program. It was the consensus of the Council to sign the letter. Henry Iwerks: Thanked Karen Finstuen for her excellent performance as Interim City Administrator. Wished new City Administrator Erar well and welcomed him to the community. Expressed his concerns regarding City employees making policy; allowing citizens to decide issues through referendums; and Council's willingness to listen to the public during public hearings. Camp Fire Birthday Week: Mayor Kuchera welcomed the Camp Fire Boys and Girls present. MOTION by Gamer, second by Ristow to proclaim March 17th through 23rd as Camp Fire Birthday Week in the City of Farmington. APIF, MOTION CARRIED. Presentation to Karen Finstuen: Mayor Kuchera presented Administrative Assistant Finstuen with a token of the Council's appreciation for her excellent performance while serving as Interim City Administrator. The Mayor also read a proclamation signed by the Council thanking staff for their extra effort during the absence of a city administrator. Ms. Finstuen also thanked staff for their' efforts. Council Minutes - 3/18/96 - Page 2 5. Consent Agenda MOTION by Fitch, second by Galler to approve the Consent Agenda as follows: a) Approve the March 4, 1996 regular meeting minutes. b) Approve the purchase of lockers for the Police Department from Wholesale Furniture in the amount of $1023.80. c) Authorize staff to review and develop proposed uses for 1997 CDBG funds. d) Approve attendance at Certified Pool Operator's Seminar - Mike Nibbe, Parks and Recreation e) Adopt RESOLUTION NO. R29-96 approving the submittal of an application for a 1996 Outdoor and Recreation Grant from the Minnesota DNR and RESOLUTION NO. R30-96 approving submittal of an application for an ISTEA Grant from the Minnesota Transportation Advisory Board for the Farmington Community Trail and Preserve. f) Approve request for Engineering Conference - City Engineer. g) Approve appointment of Bud Osmundson and Dennis Miranowski to the VRWMB. h) Approve appliance recycling agreement with JR's Disposal for Spring Clean Up Day. i) Adopt RESOLUTION NO. R31-96 ordering preparation of a feasibility report'for infrastructure improvements for Genstar property. ' j) Acknowledge that a resolution prohibiting parking on CSAH 50 from Division Street to the west City limits had been adopted previously and forwarded to the County. k) Approve the final POD of TroyHill Subdivision. 1) Approve payment of the bills as submitted. m) Adopt RESOLUTION NO. R32-96 approving a gambling premise permit application for St. Michael's Church Spring Festival. APIF, MOTION CARRIED'. 6. Commercial Recycling Contract The final draft of the commercial recycling contract will be on the April 1st Council agenda for approval. Director Kaldunski informed the Council that a meeting had been held with some of the commercial customers to review changes and three of those companies wished to retain the City's services. In addition, there were requests from three businesses requesting they be considered as sites for cardboard recycling ~ages. Discussion also focused on who would pay for the containers, should commercial recycling occur. No action was needed at this time. 7. Heating/Venti1ation Contract Member Ristow requested this item pulled from Consent due to the continual rising costs of the contract and questioned whether or not quotes should be sought for this contract. MOTION by Ristow, second by Kuchera to direct staff to obtain price quotes for servicing the City's heating and ventilation system and return with this information at a future meeting. APIF, MOTION CARRIED. 8. Additional Subsurface Investigation for Southeast Area Storm Sewer Member Ristow questioned the costs of the additional soil borings and asked who would be liable for clean up of the pollutants, should more be found. City Engineer Kaldunski stated that only small pockets of contamination were expected to be found, however; the City would be responsible for costs associated with land they owned but not for any found \ \ Council Minutes 3/18/96 Page 3 on privately owned property. Member Galler stated he felt it would be prudent to wait until after the new test results were known before completing the terms of the associated easement agreement. MOTION by Galler, second by Kuchera to approve the additional subsurface investigation in the Southeast Area Storm Sewer area. VOTING FOR: Kuchera, Galler, Fitch, Gamer. ABSTAIN: Ristow. MOTION CARRIED. It was the consensus of the Council to return the matter of completing the conditions of the easement agreement until the April 1st meeting. . 9. Mighty Ducks Grant Member Gamer questioned where the funding for the City's matching portion of the grant would be found. Parks and Recreation Director Bell answered that it was anticipated the funds would be from the Park Improvement Fund. He also pointed out that the Council had the option of whether or not to accept the grant if it were awarded. The monies would be used for team rooms at the arena to meet the requirements of the addition of female teams. Member Fitch noted that the City had until the end of 1998 to use the grant funds and the matching portion could be included in City budgets for the next two years. MOTION by Gamer, second by Kuchera to adopt RESOLUTION NO. R33-96 approving the application for Mighty Ducks Grant funds. APIF, MOTION CARRIED. 10. Request to Rezone Lot 5, Block 21, Original Town of Farmington City Planner Tooker explained the nature of the request to rezone the property located at 404 Oak Street from B-2 General Business to R-2 Medium Density Residential. The property had been zoned B-2 when the Comprehensive Plan was adopted more than twenty years ago based upon the commercial use of the property across the street. The owners wished to rezone since no commercial activity had taken place since that time and they could not sell their home because of the business zoning. Several members of the Council felt that, since the City had initiated the zoning of the property to B-2, the owners should not be charged for rezoning. MOTION by Gamer, second by Kuchera to adopt ORDINANCE NO. 096-372 rezoning Lot 5, Block 21, Original Town of Farmington from B-2 General Bus~ness to R-2 Medium Density Residential and that the owners be reimbursed for costs associated with the rezoning process. Member Galler expressed his concern regarding setting a precedent regarding the reimbursement of established City fees. He stated he agreed with the proposed rezoning, however, felt the issue of reimbursement of fees should be discussed at a future meeting. City Administrator Erar expressed similar concerns and requested that the reimbursement be tabled until the issue could be researched. A member of the audience stated that, as a taxpayer, he felt the fees should not be reimbursed. MOTION by Galler, second by Gamer to amend the original motion by separating the two issues for voting. APIF, MOTION CARRIED. MOTION by Gamer, second by Kuchera to adopt ORDINANC& NO. 096-372 rezoning Lot 5, Block 21, Original Town of Farmington from B-2 General Business to R-2 Medium Density Residential. APIF, MOTION CARRIED. MOTION by Gamer, second by Kuchera to reimburse the fees associated with the rezoning request. VOTING FOR: Kuchera, Fitch, Ristow, Gamer. AGAINST: Galler. MOTION CARRIED. 11. TroyHill 2nd Addition City Planner Tooker presented an overview of the TroyHill 2nd Addition plat. The Council was being asked to approve the preliminary plat, authorize the signing of the final plat, and authorize staff to prepare a development agreement. He stated that the concerns of the City Engineer had been addressed by the Developer and that the Planning Commission had recommended approval of the plat. Craig Schlawin was present in the audience and asked what the plans were for 190th Street (adding 15' of fill or constructing retaining wall) since it would directly impact his property. Fritz VanNest, the developer, stated that Council Minutes - 3/18/96 - Page 4 the issue of grading on 190th Street had not yet been resolved and that a meeting_ with the City Engineer needed to be scheduled to determine how to proceed. Mr. VanNest further stated that the City owned the property in question and he was following a City request t extend 190th Street to the west. Mr. Schlawin stated that he was not opposed to the project or the road, but needed to know when a decision would be made so he can determin what he will be able to on his property. Mr. Tooker noted that specific conditions of development would be included in the development agreement. MOTION by Ristow, second by Gamer to adopt RESOLUTION NO. R34-96 approving the preliminary plat and authorizing the signing of the final plat of TroyHill 2nd Addition. APIF, MOT~ON CARRIED. 12. Townhouses of Nelsen Hills Farm Planner Tooker stated that the plat being presented incorporated the changes which had been requested by the Planning Commission. The only additional change would be that one of the units would be 40' instead of 50' from the right of way. The change could be justified by the significant height differential between the unit and the roadway. Councilmember Galler asked John Dobbs, the developer, if there were any way to rearrange the units to provide more space between them. Mr. Dobbs explained that sev~ral options had been discussed, but the current one was the most workable. MOTION by Ristow, second by Gamer to adopt RESOLUTION NO. R35-96 approving the preliminary plat and authorizing the signing of the final plat of the Townhouses of Nelsen Hills Farm. APIF, -MOTION CARRIED. 13. Pilot Knob Road Update Mayor Kuchera noted that the following discussion was not a public hearing. Councilmember Ristow stated he had requested this item be placed on the agenda in response to a requesl from residents. City Engineer Kaldunski updated the Council and audience on the status the project. Dakota County Engineer Dave Everds was also present to provide information and discuss concerns. Lengthy discussion took place on the following topics: Setbacks Residents living along the new alignment of County Road #31 expressed conce~ns regarding how close the road would be to their homes. It was acknowledged that the road would be closer than desirable, however, adjustments in the width of the road and trails had already been made and screening options were still being discussed to help mitigate the close proximity between houses and roadway. Safety Residents living on both the existing and proposed County Road 31 expressed concerns regarding the safety of children living in the area. County Engineer Everds explained that the design of the new road contained a wide center island which would provide a safe halfway point in crossing the road, fencing was proposed for the elementary school playground, traffic signage and signals would be installed with safety in mind, and reduced speed limits near the school would be submitted to MnDOT. The difficulty of the enforcement of speed limits was discussed as well as the difficulty in regulating the driving habits of others. Assessments The possibility of assessments for the construction of the road were concerns for severa: members of the audience. City Engineer Kaldunski stated that no decision had been made regarding what, if any, assessments would be levied. The Council would hold publid hearings for which all affected property owners would receive notification. ..j, Council Minutes - 3/18/96 - Page 5 Mr. Everds informed the Council and audience that an informational meeting would be held in about one month and that notices would be mailed to residents. 14. Request for Stop Sign at 193rd Street and Eureka Avenue Public Works Director Kaldunski stated that a citizen had requested that a 3 way stop be installed at the intersection. Mr. Kaldunski noted that Police Chief Siebenaler was not in favor of installing the stop sign. Discussion took place regarding the enforcement of speed limits and the installation of speed limit signs. MOTION by Ristow, second by Gamer to approve the installation of one stop sign on Eureka Avenue at 193rd Street. APIF, MOTION CARRIED. 15. The Council acknowledged the request from the Planning Commission for a joint meeting to be held on March 26th to continue discussion on MUSA expansion. It was the consensus of the Council to set a special joint meeting with the Planning Commission for Tuesday, March 26th at 7:30 P.M.. 16. Discussion of a new Public Works Facility was deferred until after the Finance Committee has researched it further. A special meeting/workshop was set for 8:00 P.M. on Monday, April 8th immediately following the regularly scheduled HRA meeting. 17. MOTION by Galler, second by Gamer to authorize City Administrator Erar to begin signing checks. APIF, MOTION CARRIED. 18. Roundtable · A Joint Planning Board meeting was scheduled for March 21st at 7:00 P.M. at City Hall. · An ALF meeting to discuss proposed changes in ambulance coverage will be held in Apple Valley on Tuesday, March 19th. A report will be given at the next Council meeting. · The need to clean up the alleys in the City was discussed. Methods of notifying the offending residents were discussed. · Problems with two businesses in the Industrial Park were addressed. The height of stored pipe at Minnesota Pipe was addressed. The brickwork on the Crop Characteristics building was visually unappealing. The covenants need to be enforced. Economic Development Director Henricks should meet with both businesses to discuss these concerns. 19. MOTION by Fitch, second by Ristow to adjourn at 10:35 P.M.. APIF, MOTION CARRIED. Submitted by, ~~~ Clerk/Typist I