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HomeMy WebLinkAbout08.05.96 Council Minutes COUNCIL MINUTES REGULAR AUGUST 5, 1996 1. Mayor Kuchera convened the meeting at 7:05 P.M.. Members Present: Kuchera, Galler, Fitch, Ristow, Gamer. Members Absent: None. Also Present: City Administrator Erar, Attorney Grannis. 2. Mayor Kuchera led the audience and Council in the Pledge of Allegiance. 3. Mayor Kuchera introduced David Dahl, Public Works Department employee, and presented him with a plaque and certificate of commendation in honor of his retirement from the City. The Council congratulated Mr. Dahl and thanked him for his service to the City. 4. MOTION by Galler, second by Gamer to approve the agenda with the following changes: a) Remove item 6d - amending Comprehensive Plan for prairie Creek 4th Addition Trunk Sanitary Sewer Extension - from Consent Agenda for discussion. b) Remove item 6i - Deer Meadow Second Addition Development Agreement - from Consent Agenda for discussion. c) Table item 9c - 1995 Audit Presentation - until August 19, 1996. d) Table item 9h - Parental Responsibility Ordinance - until August 19, 1996. e) Transfer item 12a - External Involvement in Internal Organizational Matters- from Roundtable to New Business. APIF, MOTION CARRIED. 5. Citizen Comments Darrell Moench - Thanked City Administrator Erar for his help in resolving the issue regarding water to his daughter's property. Wausau NURP Pond Issues - to be covered under item 9b of the agenda. Donation by Don and Peg Davison - Administrative Assistant Finstuen described the infrared aerial photo of the City which the Davisons had donated to the City. MOTION by Gamer, second by Kuchera to adopt RESOLUTION NO. R77-96 accepting the donation by Don and Peg Davison of a framed and mounted infrared aerial photograph of the City. APIF, MOTION CARRIED. 6. MOTION by Galler, second by Ristow to approve the Consent Agenda as follows: a) Approve minutes of the July 15, 1996 regular Council meeting. b) Recognize the participants in the Liquor Store's winning team in the Mt. Dew Bed Race. c) Accept the Fire Cataract Annual Benefit/City Contribution'iRequest d) Approve Stephen O'Dell request for a lot split at 20100 Akin Road e) Authorize the sale of obsolete solid waste dumpsters to Hillcrest Sanitation in the amount of $1,520 f) Approve purchase of 2 Scott Air Pack Breathing Apparatus for Fire Department in the amount of $7,972.30 g) Adopt RESOLUTION NO. R78-96 approving the list of election judges and designating polling places for the 1996 primary election h) Approve payment of the bills as submitted. APIF, MOTION CARRIED. 7. prairie Creek Fourth Addition Comprehensive Plan Amendment for Trunk Sanitary Sewer City Planner Tooker informed council that Metropolitan Council staff was investigating whether or not a comprehensive plan amendment would be needed for the trunk sanitary sewer extension, however, they also suggested that the amendment be adopted anyway. Planner Tooker also stated that the extension would be discussed at the Empire/Farmington Joint Planning Board meeting. It was noted that Genstar had granted permission for the sewer to pass through their property and they were aware that the sewer extension did not predetermine the imminent development of their property. MOTION by Ristow, second by Gamer to adopt RESOLUTION NO. R79-96 approving a comprehensive plan amendment for trunk sanitary sewer extension to serve prairie Creek Fourth Addition contingent upon Metropolitan Council approval. APIF, MOTION CARRIED. 8. Deer Meadow Second Addition Development Agreement The Council discussed issues related to the approval of the development agreement for this subdivision. Planner Tooker noted that the Developer had agreed to all of the terms of the proposed agreement with the exception of the extension of the date until which traffic signal escrow funds would be held. Mr. Tooker also noted that the GIS fees were to be $1100 rather than $11,000 as stated in the agreement. It was Council's consensus that the date for holding traffic light escrow should not be extended as staff suggested. Mayor Kuchera opened 3 public hearings scheduled for 7:30 P.M.. The hearings were continued until later in the meeting. MOTION by Ristow, second by Gamer to adopt RESOLUTION NO. R80-96 approving the execution of the development agreement for Deer Meadow Second Addition with the aforementioned changes. APIF, MOTION CARRIED. 9. TIF District #11 - Lexington Standard Expansion - Public Hearing Economic Development Director Henricks informed Council that TIF District #11 was comprised of Lot 1, Block 2 Farmington Industrial Park, and Lot 1, Block 3, Farmington Industrial Park 2nd Addition.. The purpose of the request was to allow Lexington Standard to expand their operations in Farmington. Local Government Aid penalties would be offset by an annual contribution of 10% of the increments generated annually ($9,921). There were no comments from the audience. MOTION by Ristow, second by Gamer to close the public hearing. APIF, MOTION CARRIED. MOTION by Galler, second by Kuchera to adopt RESOLUTION NO. RBl-96 approving the creation of Tax Increment Financing District #11 for the Lexington Standard expansion project. APIF, MOTION CARRIED. 10. TIF District #12 - Duo Plastics Development - Public Hearing Economic Development Director Henricks explained Duo Plastic's request to build a 40,000 square foot structure on Lot 2, Block 3 of the Farmington Industrial Park. They also wish to purchase Lots 3 and 4, Block 3 for future expansion needs. An annual payment of $5,454 would be required to offset LGA penalties. There were no comments from the audience. MOTION by Ristow, second by Gamer to close the public hearing. APIF, MOTION CARRIED. MOTION by Galler, second by Kuchera to adopt RESOLUTION NO. R82-96 approving the creation of Tax Increment Financing District #12 for Duo Plastics development. APIF, MOTION CARRIED. 11. Farmington Industrial Park 2nd Addition Plat Approval - Public Hearing City Planner Tooker provided information regarding the layout of the plat, giving particular attention to precautions taken to protect wetlands, the Vermillion River Tributary, and the creation of ponding areas. He also informed Council that ponding areas on outlots in the plat were dedicated to the City. Economic Development Director Henricks presented Lexington Standard's request to begin preliminary work on the construction of their new facility expansion prior to the approval of a development agreement for this plat. Therefore, Council was being asked to allow the plat to be recorded before the development agreement had been prepared and approved. Councilmember Galler noted that since this was an intergovernmental activity/development such an action could be justified. It was noted that the HRA will own the property in 1999 and that the current owner, Bernard Murphy, would need to sign the plat and development agreement. There was no public comment. MOTION by Ristow, second by Gamer to close the public hearing. APIF, MOTION CARRIED. MOTION by Kuchera, second by Galler to adopt RESOLUTION NO. R83-96 approving the preliminary plat and authorizing the signing of the final plat of Farmington Industrial Park 2nd Addition with the notation that due to it being an intergovernmental activity, the plat could be signed and filed without prior completion of a development agreement, and that Bernard Murphy needs to sign both the plat and development agreement. APIF, MOTION CARRIED. 12. Rezoning Lot 9, Block 5, Town of Farmington, and adjoining vacated Locust Street Councilmember Ristow vacated his seat at the Council table during discussion of this item. City Planner Tooker informed Council the request was to rezone the property from R-3 High Density Residential to R-2 Medium Density Residential in order to allow the construction of a duplex. He explained that existing housing in the neighborhood was more consistent with R-2 zoning and that the lot in question, if rezoned, would be large enough for a duplex. He also informed Council that following a public hearing, the Planning commission had recommended approval. MOTION by Fitch, second by Gamer to adopt ORDINANCE NO. 096-376 rezoning Lot 9, Block 5, Town of Farmington, and the adjoining vacated Locust Street from R-3 High Density Residential to R-2 Medium Density Residential. VOTING FOR: Kuchera, Galler, Fitch, Gamer. AGAINST: None. ABSTAIN: Ristow. MOTION CARRIED. Council directed Planner Tooker to set a Planning Commission public hearing to discuss rezoning Lots 7 and 8, Block 5 plus the adjoining vacant lot (14-03100-010-63) from R-3 to R-2 Residential. Member Ristow resumed his seat at the Council table. 13. Rezoning the South One-Half of the Southernmost Building in the P.H. Feely Cluster from R-3 High Density Residential to B-2 General Business Planner Tooker explained that during the drafting of the original zoning map in the 1980s, an error had been made which split this building into two zoning classifications. MOTION by Galler, second by Fitch to adopt ORDINANCE NO. 096-377 rezoning the south one-half of the southernmost building in the P.H. Feely Complex from R-3 High Density Residential to B-2 General Business. APIF, MOTION CARRIED. Additional discussion took place regarding of a 60' x 290' strip of land between the railroad right-of-way and Second Street which would become an isolated R-3 zone within a B-2 district. Staff was directed to set a public hearing before the Planning Commission to consider rezoning this parcel (14-03100-030-63) from R-3 to B-2. 14. Recycling/Redemption Center Zoning City Planner Tooker provided background information on the Planning Commission's decision to forego the establishment of a zoning district for recycling/redemption centers within the City. Mr. Donn Johnson and Mr. Mark Urbeck were in attendance to present their position on the zoning request. The two gentlemen operated a recycling/redemption center prior to its closure by the City because of violation of the zoning ordinance. Discussion which followed centered around issues of the City contract for recycling service with Dick's Sanitation, interference with the open market, and the City's existing solid waste ordinance. It was the consensus of Council that the issue be referred back to the Planning Commission to determine appropriate zoning and location, after which, a public hearing will need to be scheduled. Mr. Johnson requested Council allow him to reopen his business until such time as the zoning question was determined. Council denied his request. 15. Comprehensive Sewer Plan Glenn Cook and Donald Burghardt of Bonestroo, Rosene and Anderlik were present to provide an overview of the Comprehensive Sewer Plan. The Plan meets Metropolitan Council requirements, provides for an economical sanitary sewer system, identifies capital improvement costs, provides a tool for developing assessment fees, and serves as a blueprint for sanitary sewer expansion in the City. City Engineer Kaldunski requested that Council adopt the Plan and direct staff submit it to the Metropolitan Council and neighboring communities for review and comment. It was noted that the Comprehensive Sewer Plan would become a part of the overall City Comprehensive Plan. MOTION by Galler, second by Fitch to adopt the Comprehensive Sewer Plan as presented and to direct staff to forward the Plan to the Metropolitan Council and neighboring communities for review and comment. APIF, MOTION CARRIED. 16. Wausau NURP Pond Overview Glenn Cook explained the purpose of the construction of the waterway system and the function of NURP ponds in general. Questions regarding maintenance of the ponds and the cost of such maintenance were raised, in addition to the planting of the required vegetation. Mr. Cook explained that the ponds would need to be dredged at some point in the future, perhaps 5 to 10 years, and then possibly not again for 20 years. Funding for the maintenance would come from the stormwater utility fund. The vegetation would be planted soon, but would take some time to become established. Councilmembers thanked Mr. Cook for his presentation. 17. Dakota Electric Street Light Policy James Bell, Parks and Recreation Director, stated he had contacted Dakota Electric Association as Council had directed and was informed that Dakota Electric has only one rate for street lights. No action was necessary. 18. Final Poo1 Restoration Budget Parks and Recreation Director Bell informed Council that the pool restoration project had been completed and was under budget by $18,641. Council indicated its pleasure with the result of the restoration work. No action was necessary. 19. Preliminary 1997 Budget City Administrator Erar presented an overview of the proposed 1997 Budget, reviewed the document format changes, and noted that there would be no increase in the City's tax rate with the budget as presented. Council set two workshops to discuss the budget; the first on August 15th at 7:00 P.M., and the second, if necessary, on August 21st at 7:00 P.M.. 20. LGA Penalty for Soils Condition District No. 1 Administrator Erar stated that the Department of Revenue had denied the City's request to use of contribution of soils in East Farmington development project as the local contribution for tax increment financing. Administrator Erar asked the Council if they wished to appeal the Department's ruling, stating that the City's bond consultant felt a ruling change was doubtful. It was the consensus of Council to proceed with sending a letter of appeal and hope for a ruling reversal. MOTION by Galler, second by Ristow to use TIF Administration fees as the City's local contribution to the project in the event the appeal was unsuccessful. APIF, MOTION CARRIED. 21. Dakota County Economic Partnership Enterprise Facilitation Project Economic Development Director Henricks explained the request for City financial participation in a program to assist people in starting new businesses. The two year program would require a $5000 per year City contribution. While the Council felt the program may have value, they questioned whether the City could afford to invest the funds and whether the City would receive enough benefit to make participation cost effective. It was also felt that Director Henricks already performed the same services for businesses considering relocating in Farmington. MOTION by Ristow, second by Gamer to decline participation ~pthe Dakota County Economic Partnership Enterprise Facilitation project. APIF, MOTION CARRIED. 22. Southeast Area Resident Survey Councilmember Galler stated he had placed this item on the agenda because he felt the City would benefit by receiving feedback on what residents felt about the prairie waterway Project now that it had been installed. Member Ristow felt that questions regarding groundwater levels/problems should be avoided since the project was intended to deal with surface water problems, not groundwater. It was the consensus of Council to review the questionnaire and forward any revisions or additional questions for inclusion on the August 19th meeting packets. 23. Administrative Assistant Finstuen notified Council that Empire Township had terminated its contract with the City for building inspection services. No action was required. 24. Due to the Labor Day holiday, the regularly scheduled Council meeting of September 2nd will be changed to September 3rd. Council took a 5 minute recess at 10:30 P.M.. 25. External Involvement in Internal Organizational Matters A lengthy discussion took place regarding the extent of Council involvement in internal personnel issues. While it was understood that issues regarding hiring and firing of personnel require Council involvement, their input on other personnel issues needed to be clarified. The possible ramifications of decreasing or continuing the current level of involvement were argued. The specific issue at this time was the attendance of Councilmembers at a staff meeting with the City's EAP Counselor. MOTION by Kuchera, second by Galler to allow Councilmembers Galler and Ristow to attend, as observers only, the staff meeting. VOTING FOR: Kuchera, Galler. OPPOSED: Fitch, Gamer, Ristow. MOTION FAILED. 26. Parks and Recreation Director Bell passed along the PARAC request for a joint meeting to discuss Park Referendum issues with Council. A special joint meeting was set for August 19, 1996 at 6:30 P.M.. 27. Roundtable County Land Use Issues - Staff has begun review of the County's transportation/land use plan and will place the item on the August 19th Council agenda. Hardee's Noise/Disturbance - Staff will inform the Police Chief of the nature of the complaint, which is especially problematic on Friday and Saturday evenings. Railroad Property - Staff was informed that the railroad property had been cleaned up and looks better than it has in years. :i 28. Executive Session MOTION by Ristow, second by Gamer to adjourn into Executive Session at 12:05 A.M.. APIF, MOTION CARRIED. Upon recommendation by the City Attorney, discussions relative to the Wausau Alignment were removed from Executive Session. Councilmember Ristow exited the Chambers to inform members of the press that Council was back in regular session. Member Ristow returned to Chambers and indicated that no members of the press or audience were waiting outside. Council discussed at length the location of the Wausau fence and issues related to pending litigation. Attorney Grannis indicated that it may be prudent for the City to relocate the fence per the agreement, but that the fence be installed as far west as to intersect with Wausau's existing north/south fence. Pending either the outcome of the outstanding litigation or prior to the date in the agreement requiring the City to relocate the same quantity of existing fence, the City would complete the terms of the agreement. Administrator Erar indicated that the existing fence line on Wausau's property was approximately 1522 per engineering estimates, and that any additional fencing installed would be at Wausau's expense. MOTION by Galler, second by Fitch to relocate the fence as stated. VOTING FOR: Kuchera, Galler, Fitch, Gamer. ABSTAIN: Ristow. MOTION CARRIED. 29. There being no further business, the Council agreed to adjourn at 1:30 A.M.. 61 Submitt:d ~y, ::