HomeMy WebLinkAbout07.15.96 Council Minutes
MINUTES
CI'1:Y COUNCIL
REGULAR
JULY 15, 1996
1. The Mayor called the meeting to order at 7:00 P.M..
Members Present: Kuchera, Galler, Gamer, Fitch, Ristow.
Members Absent: None.
Also Present: City Administrator Erar, Attorney Grannis.
2. The Mayor 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 5b - Peer Environmental Agreement for Contaminated Soil on Wausau
Alignment - from Consent for discussion.
b) Remove item sg - Resolution Accepting Mt. Dew Day Donation - from Consent for
recognition.
c) Remove item 5j - Payment to Arcon Construction for project 93-14 (Wausau
Alignment) - from Consent for voting abstention.
d) Add item 5l - Adopt Resolution Approving Charitable Gambling Premise Permit
Application for Farmington Youth Hockey Association.
APIF, MOTION CARRIED.
4. Citizen Comments
Henry Iwerks:
. City should send a letter of apology to Mrs. Elaine Anderson for error in
notification regarding weed problem.
. Believes staff informed offending party who made complaint regarding
illegally parked cars on Second Street.
. Expressed concerns regarding water contamination in nurp ponds along Prairie
Waterway and Peer Environmental's response to questions regarding clean up of
contaminated soil
John Richardson - Response to City Policy regarding City removal of storm
damaged trees from private property - Satisfied with explanation provided by
Parks and Recreation Director Bell.
John Gurban - As a representative of Minnesota Recreation and Parks Association,
Mr. Gurban presented a check to the City to fund the "Music In
Your Park" concert series. MOTION by Galler, second by Gamer to adopt
RESOLUTION NO. R73-96 accepting the donation of $1,800 from MRPA. APIF, MOTION
CARRIED.
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5 . CONSENT AGENDA
MOTION by Fitch, second by Ristow to approve the Consent Agenda as follows:
a) Approve minutes of July 1, 1996.
b) Approve payment of final Briggs and Morgan bill.
c) Receive first half year building permit summary report.
d) Adopt RESOLUTION NO. R74-96 accepting Mighty Ducks Grant and approving
expenditure of matching funds from the Parks Improvement Fund.
e) Approve ADA evaluation of pool bath house.
f) Approve final payment for 1996 Seal Coat Project to Allied Blacktopping.
g) Approve Dakota County Highway Department request to waive wetland permit fees
for County Road 31 construction project.
h) Approve payment of the bills as submitted.
i) Adopt RESOLUTION NO. R75-96 approving gambling premise permit application for
Farmington Youth Hockey Association.
APIF, MOTION CARRIED.
6. Agreement with Peer Environmental for Contaminated Soil Monitoring on Wausau
Alignment
Councilmember Ristow asked that this item be removed from Consent so that he
could abstain from voting. City Engineer Kaldunski stated that soil testing was
required because environmental investigations had detected contaminated soils.
In addition, the Minnesota Pollution Control Agency requires monitoring of the
storm sewer outfall effluent. The proposed agreement with Peer Environmental
would provide for this testing to be done. Other questions brought forward
regarding the waterway system will be discussed at the August 5th meeting when
the project engineer will be present. MOTION by Galler, second by Fitch to
approve the agreement with Peer Environmental. VOTING FOR: Kuchera, Galler,
Fitch, Gamer. OPPOSED: None. ABSTAIN: Ristow. MOTXON CARRIED.
7. Mt. Dew Days Donation
Councilmember Galler removed this item from Consent in order to acknowledge the
winning bed race team members who donated their winnings to the Senior Center.
Parks and Recreation Director Bell stated the Liquor Store had sponsored the bed
which was manned by City Engineering, Parks and Recreation and Liquor Store
staff. MOTION by Galler, second by Gamer to adopt RESOLUTION NO. R76-96
accepting the donation of $175.00 to the Farmington Area Senior Center. APIF,
MOTION CARRIED.
8. Project 93-14 (Wausau Alignment) Contract Payment
MOTION by Fitch, second by Gamer to approve Payment #1 to Arcon Construction for
work performed in connection with Project 93-14 (Wausau Alignment). VOTING FOR:
Kuchera, Galler, Fitch, Gamer. OPPOSED: None. ABSTAIN: Ristow. MOTION
CARRIED.
9. MOTION by Fitch, second by Galler to reset the Lexington Standard TIF
District public hearing for August 5, 1996 at 7:30 P.M.. APIF, MOTION CARRIED.
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10. Request for Refund of Traffic Signal Escrow - Deer Meadow
Tim Giles, developer of Deer Meadow Subdivision, requested a refund of money
escrowed for a share of the cost of installing a traffic signal at 180th Street
and County Road 31, which is the access road to and from his development. City
Engineer Kaldunski provided background information on the reasoning traffic
signal escrow was required within the development contract for the project. Mr.
Giles felt this was unfair since other developers along County Road 31 were not
required to do the same and, because he had received a letter from Peter
Sorenson, Dakota County Highway Department, stating that a traffic signal at
this intersection was not currently in the County's CIP. Lengthy discussion
followed between Mr. Giles and Council which resulted in the consensus that
traffic control devices signal escrow would need to be considered as a part of
all development agreements in the future. It was also the Council's consensus
that the development agreement for Deer Meadow was a legal, binding document and
should remain as written and signed.
11. City Policy on Storm Damaged Tree Removal from Private Property
Parks and Recreation Director Bell requested Council clarification on the City's
position regarding removal of storm damage from private property. He also
commended Forestry staff for their excellent job of cleaning up damage from the
Mt. Dew Days storm. It was Council's wish that staff review policy from
surrounding cities and bring the issue back to the August 19, 1996 meeting.
12. Stop Sign Request at Dunbar Avenue and 203rd Street
This discussion was a continuation of a request made at the July 1, 1996 Council
meeting. Police Chief Siebenaler stated that his staff had monitored the
intersection and had noted a problem with obstruction of vision due to large
pine trees growing in the boulevard. He also stated his belief that the
existing stop signs at the intersection were adequate to control traffic. After
lengthy discussion, a MOTION by Galler, seconded by Fitch to not install
additional stop signs but to trim the pine trees back to improve vision at the
intersection. VOTING FOR: Fitch, Kuchera, Galler. AGAINST: Gamer, Ristow.
MOTION CARRIED. Staff was directed to inform the property owners prior to
proceeding with trimming the pine trees and to exercise caution to prevent
damage.
13. Accessory Building/Detached Garage Size Limitations
City Planner Tooker explained the Planning Commission's recommendations
regarding proposed changes in the ordinance regulating storage sheds and
detached garages. The Commission recommended changing the allowed height for
storage sheds from 9 feet to 12 feet; maintaining the 800 square foot minimum
size limitation, and not allowing a garage or storage shed to be built without a
principal use. MOTION by Galler, second by Fitch to set a public hearing for
August 19, 1996 to consider proposed changes to the detached accessory building
ordinance. APIF, MOTION CARRIED.
14. Animal Control Services Budget Adjustment
The change to a new animal control service, 4 Paws, resulted in a budget deficit
in this line item for 1996. The previous service did not provide as extensive
coverage, nor maintain as accurate records as the new service. It was noted
that most cities in Dakota County use 4 Paws Animal Control Service and the
service provided is excellent. Questions regarding the cost of animal control,
and the inclusion of cats in the control ordinance and fee schedule were raised.
Following discussion, staff was directed to research a cat control ordinance for
the City. MOTION by Fitch, second by Gamer to approve the budget adjustment to
fund the cost overrun in animal control for 1996. APIF, MOTION CARRIED.
15. Cable TV Franchise Agreement Renewal Process
City Administrator Erar provided information regarding the franchise renewal
process and the proposal to work with the cities of Apple Valley, Lakeville and
Rosemount on a joint powers agreement for cable television service. It was
acknowledged that it would be to the City's advantage to work together.
Councilmember Galler asked whether the townships should be included in the
discussions also. Administrator Erar said he would check whether townships and
cities had the same type of agreement and forward that information to Council.
MOTION by Gamer, second by Fitch to commit the City to working with the cities
of Apple Valley, Lakeville and Rosemount on a cable television franchise joint
powers agreement. APIF, MOTION CARRIED.
16. 1997 Budget Process
Administrator Erar reviewed the budget process with Council noting that it
should prove to be a more accurate financial record. One of the key aspects
would be a team approach to establish and prioritize goals. He further
explained that the 1997 Budget would be in keeping with the past Council goal of
no increase in local tax rates. The Council reviewed the process calendar. It
was noted that a hearing should be held early in the process, perhaps September,
to allow public review and input. MOTION by Gamer, second by Fitch to adopt the
1997 Financial Goals as presented. APIF, MOTION CARRIED.
17. 1995 Audit
Finance Director Henneke presented a synopsis of issues related to the 1995
Audit, noting that a representative from the auditing firm will be present at
the August 5, 1996 meeting. Mr. Henneke described various factors which led to
a budget deficit for 1995. Among these were increased operating expenses due to
rapid population growth, increased contractor fees, transfer of funds to the
annexation fund, an error in salary fund allocations, labor contract arbitration
award, and an over estimation of projected fees. A lengthy discussion between
Council and staff followed. The 1995 audit will be discussed in more depth at
the August 5th meeting.
18. Administrative Assistant Finstuen reminded Council of the August 7th City
Hall Open House. Invitations will be sent and refreshments will be served.
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19. The Council agreed to take a 5 minute recess before adjourning into
executive session.
20. Executive Session adjourned at 11:50 P.M..
21. Personnel Issues
Personnel issues were removed from Executive Session due to City Attorney
Grannis' recommendation that these issues should be discussed in open session.
Administrator Erar discussed the importance of keeping all personnel issues,
with the exception of hiring and dismissal actions, within the organization. It
was also discussed that, due to the complexity of human resource issues, which
includes labor negotiations, disciplinary action and other organizational
matters, Council should not directly involve itself in the organization.
Councilmembers agreed that the City Administrator should direct and oversee all
personnel related matters, with the exception of final actions concerning hiring
and dismissal, in keeping with State and Federal employment laws. Council also
agreed that they would not interfere or involve themselves with the internal
administration of personnel activities.
Council requested the Administrator distribute information concerning the
Council-Manager form of government. It was pointed out that the Council-Manager
form of government is being adopted nationally, and within Minnesota, to provide
for more professional management of local government operations. Due to the
increasingly complex nature of employment related litigation, elected officials
are finding the Council-Manager form of government the most efficient and
effective form of local governance with respect to how organizational issues
need to be addressed in compliance with City, State and Federal employment laws.
Council/Manager form of local governance maintains the same type of Council
relationship with the Administrator and staff, but allows the
Manager/Administrator to exercise full control over personnel related matters,
with the Mayor and Council involving itself primarily in legislative and policy
related matters. It was discussed that, if the Manager/Administrator is to be
accountable for how the organization performs, s/he must have the final
authority over staffing decisions.
22. Council adjourned at 12:30 A.M..
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Mary
Clerk
submitted,
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