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HomeMy WebLinkAbout10.21.96 Council Minutes COUNCIL MINUTES REGULAR OCTOBER 21, 1996 (Meeting held at Akin Road Elementary School) 1. Mayor Kuchera convened the meeting at 7:00 P.M.. Members Present: Kuchera, Ristow, Gamer, Galler, Fitch. Members Absent: None. Also Present: City Administrator Erar, Attorney Grannis. 2. Mayor Kuchera led the audience and Council in the Pledge of Allegiance. 3. MOTION by Galler, second by Gamer to approve the agenda with the following changes: a) Item 5d - Purchase of Minitor Pagers - approve with additional information provided by Fire Chief. b) Item 5h - Sale of Obsolete Solid Waste Vehicle - approve with change in award of sale per recommendation of the Public Works Director. c) Item 5r - Payment of the Bills - remove from Consent for abstention. APIF, MOTION CARRIED. 4. Citizen Comments Diane Kies - Expressed her concerns regarding trees and brush along a field fence between Hill Dee and Deer Meadow Additions. It was her understanding that the developer of Deer Meadow, Tim Giles, was to remove the fence and clean up the area. Staff will research the issue and take required action. Henry Iwerks - Noted there was a mistake on the General Election sample ballot printed in the newspaper. Questioned what the cost would be to correct the error. Staff stated the cost would be approximately $1800 of which the City would be required to pay $900. According to staff, it was unclear where the error had occurred, therefore, the County was also paying half the charge. 5. MOTION by Ristow, second by Fitch to approve the Consent Agenda as follows: a) Approve the minutes of October 7, 1996 as presented. b) Set Special Meeting for November 6 at 5:00 P.M. to accept election results. c) Set Workshop for November 13 to discuss City Development Manual. d) Approve Purchase of Minitor Pagers by Fire Department. e) Approve Purchase of computer and software by Fire Department. f) Adopt RESOLUTION NO. R107-96 authorizing preparation of plans and specifications for municipal pool filtration system replacement. g) Grant trunk sanitary sewer easement to Metropolitan Council in conjunction with prairie Creek Fourth Addition. h) Authorize sale of obsolete solid waste vehicle to Midwest Packers. i) Approve annual snow removal agreement with MnDOT. j) Approve NSP proposal for street and bridge lighting on TH 50 bridge. k) Receive report on Fall Cleanup Day. 1) Accept easements for sanitary sewer extension in prairie Creek Fourth Addition. m) Approve change order for Farmington Industrial Park Phase II n) Approve payment for Farmington Industrial Park Phase II to Arcon Construction. 0) Accept Spruce Street Access Project as complete. p) Adopt RESOLUTION NO. R108-96 approving 1996 AFSCME Maintenance Union Contract and adopt RESOLUTION NO. R109-96 approving 1996 AFSCME Clerical/Technical Union Contract. q) Accept resignation of Accounting Clerk. APIF, MOTION CARRIED. 6. MOTION by Galler, second by Fitch to approve payment of the bills a~ presented. VOTING FOR: Galler, Kuchera, Fitch, Gamer. ABSTAIN: Ristow. MOTION CARRIED. 7. Larch Street Access Project City Engineer Kaldunski presented information regarding the proposed project. He explained the allocation of costs between the City and developer, noting that the City's cost of $23,000 would be for work done in the center median of TH 3. Engineer Kaldunski confirmed that the project complies with the City's development agreement for East Farmington PUD. MOTION by Galler, second by Gamer to adopt RESOLUTION NO. R110-96 aceepting the feasibility study and ordering the preparation of plans and specifications for making the improvement. APIF, MOTION CARRIED. 8. Initiate Negotiations for Sanitary Sewer Interceptor City Engineer Kaldunski presented a request for staff to begin negotiations with the City of Lakeville and Metropolitan Council for shared funding of a sanitary sewer trunk interceptor from Akin Road to the northwest City limits. He noted that, per the Comprehensive Sanitary Sewer Plan, a portion of the City of Lakeville will be serviced by this trunk sanitary sewer. He also informed Council that the project may be eligible for funding from the Metropolitan Council if it qualifies as an interceptor. It was noted that the Empire Wastewater Treatment Plant expansion was necessary for this project to proceed and that the Met Council controls the timing of new sanitary sewer trunk installations. MOTION by Galler, second by Kuchera to authorize the initiation of negotiations with the City of Lakeville and Metropolitan Council for shared funding of a sanitary sewer trunk interceptor project. APIF, MOTION CARRIED. 9. M SA Update Mr. Kaldunski informed Council of increases in the City's M SA fund apportionment based on an increase in both miles of M SA streets in the City and population. He noted that the City has approximately 3 years of allocations in its account balance which results in the City being penalized for ~etaining too large a balance. A portion of this account balance will be used to finance the Pilot Knob Road realignment project. No action was required. 10. Public Hearings Mayor Kuchera opened four public hearings scheduled for 7:30 P.M.. . Sprute/Severson Annexation petition Request City Planner Tooker explained the background of the request, noting that the property in question was located at the intersection of County Road 66 and Trunk Highway 3. Council had forwarded the request, which was received in January, to the Joint Empire/Farmington Planning Board. The Board had responded favorably to the annexation request. There was no public comment. MOTION by Ristow, second by Gamer to close the public hearing. APIF, MOTION CARRIED. MOTION by Galler, second by Kuchera to adopt ORDINANCE NO. 096-381 approving the annexation of 16 acres of land located at the intersection of County Road 66 and TH 3 from Empire Township to the City of Farmington. APIF, MOTION CARRIED. . Ames Construction Mineral Extraction City Engineer Kaldunski stated the excavation permit was for a site located on property owned by Bernard Murphysite and was for work associated with County Road 50 reconstruction project. The Planning Commission had reviewed the permit request and had recommended its approval. Mr. Kaldunski noted that the contractor had also requested an extension of the permit deadline to December 31, 1997. The Council asked several questions regarding end land use, groundwater conditions, and the maintenance of Easter Avenue and the existing culvert. Engineer Kaldunski responded that the land would be restored to conditions suitable for R-1 residential development, the excavation would not be deep enough to encounter groundwater, and that Ames Construction would be responsible for maintaining Easter Avenue and the existing culvert. There were no citizen comments. MOTION by Gamer,. second by Ristow to close the public hearing. APIF, MOTION CARRIED. MOTION by Kuchera, second by Ristow to approve the mineral extraction permit and deadline extenstion request for Ames Construction, Inc.. APIF, MOTION CARRIED. . Recycling Zoning Ordinance City Planner Tooker explained the Planning Commission had reviewed recycling activity and had recommended it be added as a conditional use in the I-1 Light Industrial District. They also recommended that recycling activities be allowed at other locations in the City by permit in conjunction with special events sponsored by community organizations. A member of the audience asked for clarification that recycling would only be allowed in industrial districts. Planner Tooker responded that it would not be allowed in residential areas. Mayor Kuchera asked whether Donn Johnson had been notified of the progress on the issue. Mr. Tooker responded that Mr. Johnson had taken part in the Planning Commission discussions. Member Ristow asked if _~cycling could take place in any light industrial district. Mr. Tooker stated that it could, but all requests would need to go through a public hearing process. Member Galler stated he felt restrictions should be added regarding the number of hours and/or days a special recycling event could be held each year. After discussion, it was determined that 4 separate occasions, each lasting no longer than 72 hours could be held by anyone community organization each year. Planning Commission Chair Schlawin was present in the audience and stated that the ordinance was generic to the entire community. MOTION by Ristow, second by Kuchera to close the public hearing. APIF, MOTION CARRIED. MOTION by Galler, second by Fitch to adopt ORDINANCE NO. 096-382 establishing zoning and conditions for recycling in the City of Farmington. APIF, MOTION CARRIED. . Telecommunications Ordinance Per recommendation of the City Planner, this public hearing was continued until November 18, 1996 in order to allow further review and input. MOTION by Galler, second by Ristow to continue the public hearing until November 18, 1996 at 7:30 P.M.. APIF, MOTION CARRIED. THE COUNCIL TOOK A 5 MINUTE RECESS BEFORE BEGINNING THE PUBLIC INFORMATION MEETING ON COUNTY ROAD 31. 11. County Road 31 Improvement project Information Meeting City Engineer Kaldunski provided an overview of the construction portion of the project and City Administrator Erar provided fiscal information. It was emphasized that no decisions would be made this evening as the purpose of the meeting was to provide information and receive input from interested persons. It was noted that the City's share of the project would be $2.5 million, a portion of which would be paid for with MSA funds, the remaining portion financed through proposed assessments or through a Citywide tax levy. Two options for levying project costs north of 195th Street would be through an assessment of property owners within one half mile on both sides of the new road alignment; or through a general tax levy for the entire community. It was also noted that the County and City were awaiting a decision from the Minnesota Department of Transportation regarding the necessity for noise mitigation. If noise mitigation is required, the project may become financially unfeasible. The majority of questions and comments dealt with financing rather than the need for or design of the new alignment. A summary of comments received from the public follows. . Residents in project area should not have to pay the cost of a project which benefits the entire community. . Residents felt that at previous meetings Council had indicated there would be no assessments. . The project should be delayed until funding for entire project is available. . Property values will drop because of the proximity to the new road; therefore, the City would have a difficult time proving benefit. . Assessments on farmland should be deferred and portions of land that are not able to be developed due to wetlands should not be included in assessment area. . Use additional MSA funds which are available to reduce the tax burden on residents. . The new alignment is necessary for both safety and improvement of transportation routes to and from the City. . New residential building should be limited so new roads won't be needed until the City can afford to pay for them. . Many existing homes were built too close to the new road alignment. . Traffic speeds will need to be strictly regulated to protect children in area, particularly near the elementary school. . It is worth the money for the assessment to get a safe road. . This road has been in the works for many years and it is time it is done. . If the City wants industrial growth to continue, the new road has to be completed to provide good access. City staff and Council responses are summarized as follows: . No guarantees were made regarding assessments on the project. The City has an established assessment policy which the Council should follow in order to prevent setting precedents which could hamper future Councils' ability to assess for projects. . MSA funds will be used for this project, however, there are other necessary projects within the City which also need to be partially funded through MSA. Assessmpnrs on existing developed areas would be based on a per buildable lot rate to be spread over 15 years. Farmland would be assessed on a per acre basis; farmland fees to be deferred until the property is developed. The Industrial Park will also be assessed for the project. . It isn't feasible to delay the project until the City saves the money to completely fund it because project costs will only continue to rise and the project would never be done. . A general tax levy on the City will cost substantially more to implement and will raise the tax capacity rate which deters attracting new business and residential development. . Lots adjacent to the new road were sold at a reduced rate. Homes in some areas were built prior to current setback standards. Closest home is more than 50 feet from the curb line of the new road. . Traffic speeds and signal installation are regulated by MnDOT traffic standards regulations. Signals will be installed when warranted. · A decision on the project can only be made after noise mitigation is determined. If the decision is favorable, a financing decision will need to be made in early 1997 for spring construction start. The Council thanked the public for attending and for their input. 12. Roundtable Councilmember Fitch - Asked City Administrator Erar whether any individual Councilmember or the Council as a whole had the ability to terminate an employee. City Administrator Erar responded that employees coulc on12' be fired upon recommendation of the Administrator and only with just cause. MOTION by Fitch, second by Gamer to adjourn at 9:55 P.M.. APIF, MOTION :::~"~RIED . Respectfully submitted, ~ Mary Eanson Clerk Typist