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HomeMy WebLinkAbout11.18.96 Council Minutes COUNCIL MINUTES REGULAR NOVEMBER 18, 1996 1. Mayor Kuchera convened the meeting at 7:00 P.M.. Members Present: Kuchera, Ristow, Gamer, Fitch, Galler. 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) Remove Item Sa - November 4, 1996 minutes - for abstention. b) Add Item 6c - Cancel Public Hearing for East Farmington TIF Modification - to Consent Agenda. APIF, MOTION CARRIED. 4. Citizen Comments Sue Courteau - Thanked Council and staff for their efforts in responding to her requests regarding Pilot Knob Road. Ms. Courteau had a list of questions she wished Council to address: . Request that school speed zones be added to Police Chief's recommendations. . Is the City considered an urban district? Yes. . If 195th Street is constructed to connect Highway 3 and Cedar Avenue, is pilot Knob also needed as a trunk highway? It is part of the County's Transportation Plan. . Does Genstar own property along new County 31 alignment and will they profi t from its construction? Are they pushing it through? No. . What will happen to excess topsoil; who will receive the profits from its sale? It is unlikely there will be excess because of cuts and fills on project. Contractor decides what to do with any leftover topsoil per the project contract. . Are assessments a one time cost spread over "X" number of years? Can residents get a breakdown of the costs and how assessments are determined? Yes, assessments are a one time cost spread over the life of the bond issue. Residents will be notified by mail of assessment hearing which contains proposed costs. No decision has been made on whether or not assessments will be levied. . What is the status of the noise mitigation issue? An answer will probably not be received from the State until January or February, 1997. · Would it be helpful for residents to file a petition expressing their desires for the road? The City has a form which residents can use as a starting point for developing such a petition. Marvin Wier: Requested City remove unnecessary silt fences in ditches by Middle School. City Engineer Kaldunski stated they would be removed. 5. City Administrator Erar introduced the City's new Finance Director, Ms. Robin Roland, to Councilmembers and the audience. Mayor Kuchera and the Council welcomed Ms. Roland to the City organization. 6. MOTION by Fitch, second by Gamer to approve the minutes of November 4, 1996. VOTING FOR: Fitch, Ristow, Gamer, Kuchera. ABSTAIN: Galler. MOTION CARRIED. 7. MOTION by Ristow, second by Fitch to approve the Consent Agenda as follows: a) Approve the 1997 Snow Plow Policy. b) Adopt RESOLUTION NO. Rl18-96 setting an assessment hearing for Farmington Industrial Park Phase II - 12/2/96 at 7:30 P.M.. c) Approve appointment of Sheila Mayhew to Receptionist/Data Entry position d) Approve appointment of Thomas Hemish and Ben VanBlarcom to 2 Maintenance Worker positions in Public Works. e) Approve capital outlay request for solid waste container identification numbers. f) Approve right of access agreement between City and John Tschohl for City property on proposed 208th Street alignment. g) Approve capital outlay request for a ventilator saw for Fire/Rescue operations. h) Accept resignation of City Planner Charles Tooker effective 1/10/96. i) Approve payment of the bills as presented. j) Approve cancellation of public hearing for East Farmington TIF modification. APIF, MOTION CARRIED. 6. Continued Hearing - Telecommunications Ordinance Amendment City Planner Tooker reviewed the various changes and additions that would be made to City code if the proposed ordinance was adopted. Mr. Tooker stated the ordinance followed League of Minnesota Cities recommendations and had been approved by the City Planning Commission following two meetings. He also noted that representatives of two of the companies who were interested in placing telecommunication antennas on structures in Farmington were present at those etings and had provided input. Mayor Kuchera asked whether existing towers and antennas were in compliance. Mr. Tooker responded that they complied with the existing ordinance, however, the proposed ordinance expanded on that ordinance. Councilmember Ristow asked whether the proposed ordinance included roof antennas, microwave and satellite dishes. Mr. Tooker replied that the proposed ordinance did not deal with those types of antennas and Planning Commission discussion concluded they did not have a large impact on the environment at this time. Member Ristow asked about towers in residential districts. Mr. Tooker noted that several towers already exist in these districts, notably, the FAA Center, Frontier Communication tower and the City's water tower. He explained that towers would only be allowed through the conditional use process and impacts on neighborhoods would be reviewed on a case by case basis. The Planning Commission was in agreement that the ordinance may have to be "fine tuned" as circumstances warrant it. Mayor Kuchera opened a public hearing scheduled for 7:30 to consider 1997 licenses. The hearing was continued until later in the meeting. Water Board member Marvin Wier felt additional language was needed to define towers blending into the surrounding environment. Councilmember Galler concurred that additional language regarding blending in may be helpful. Planner Tooker noted that the Council could add additional language if they wished, however, he noted that there were two places in the proposed ordinance which addressed this issue, noting requirements for landscaping and painting of towers and base structures. Member Ristow questioned whether farm silos would fall under this ordinance. Planner Tooker replied that they would not. MOTION by Galler, second by Fitch to close the public hearing. APIF, MOTION CARRIED. MOTION by Gamer, second by Kuchera to adopt ORDINANCE NO. 096-383 relating to Electromagnetic Telecommunication Towers and Antennas. APIF, MOTION CARRIED. 7. Public Hearing to Consider 1997 On Sale, On Sale Sunday, Club Liquor Licenses and Therapeutic Massage Licenses. Administrative Assistant Finstuen noted that the Eagles Club had brought the necessary paperwork to City Hall and, therefore, could be added to the list for approval at tonight's meeting if Council chose to do so. Councilmember Ristow asked if those requesting licenses were aware of the amount of the fees. Ms. Finstuen replied that they were. There were no comments from the audience. MOTION by Ristow, second by Fitch to close the public hearing. APIF, MOTION CARRIED. MOTION by Kuchera, second by Galler to approve the 1997 On Sale, On Sale Sunday, and Club liquor licenses (including the Eagles Club) and the Therapeutic Massage License. VOTING FOR: Kuchera, Galler, Fitch, Ristow. ABSTAIN: Gamer. MOTION CARRIED. 8. 1997 CDBG Application Economic Development Director Henricks explained the process for submitting the application, noting the City would receive approximately $lSS,OOO in entitlements. He advised Council that staff had reviewed various uses for the funds and had designated uses for $14S,000, leaving $10,000 uncommitted. The three top priorities noted by staff were: . 1st Priority - Rambling River Park ADA required improvements. . 2nd Priority - Municipal Pool ADA required improvements. . 3rd Priority - Partial funding of Senior Center Coordinator position. Mr. Henricks noted the funding for the Coordinator's position has been reflected in the 1997 Budget. He had spoken with Lee Smith of Dakota County HRA and confirmed there was no problem with using CDBG funds for this purpose. Councilmember Galler expressed his desire to use liquor profits for funding the position. City Administrator Erar responded that a review of all City Fund Balances was planned, however, at this time cash reserves were minimal and suggested using CDBG funds for 1997 and making changes in the future. MOTION by Gamer, second by Kuchera to adopt RESOLUTION NO. R119-96 approving the application for 1997 CDBG funds and to direct staff to investigate other funding sources for the Senior Center Coordinator position in 1998. VOTING FOR: Kuchera, Fitch, Ristow, Gamer. VOTING AGAINST: Galler. MOTION CARRIED. 9. City 5 Year Capital Improvement Plan City Administrator Erar noted the plan presented to Council was preliminary and could be changed during the workshops. He also noted that additional MSA funds were available for the County Road 31 project. While it would not have an effect on assessment amounts, it would have a positive affect on the City penalty for carrying too large a MSA fund balance and would reduce the amount of a City wide levy. Mr. Erar requested Council accept the preliminary document pending changes made during workshops. MOTION by Fitch, second by Gamer to accept the preliminary S Year Capital Improvement Plan. APIF, MOTION CARRIED. 10. Municipal Utility Penalty Policy City Administrator Erar stated the intent of the policy was to put, in writing, criteria ,to be used by staff to determine allowable exemptions to payment of utility bill penalties. It was noted that requests for exemptions were not received often, however, there were certain cases in which an exemption seemed justifiable. There was a lengthy discussion regarding payment/shut off policy, customer service relations, and whether Council should be included in the final decision making process. MOTION by Fitch, second by Ristow to approve the policy as presented, with the addition of Council being added as the final step in the appeal process. VOTING FOR: Fitch, Ristow, Kuchera, Galler. VOTING AGAINST: Gamer. MOTION CARRIED. 1l. Annual Council/Management Team Retreat City Administrator Erar requested Council feedback on the proposed 1997 retreat. Council raised a question about inclusion of the City's boards and commission members. Mr. Erar stated that meetings with commission members could be held on a different date, but it was his feeling that the weekend suggested should be devoted to Council and management team. Council expressed concern regarding the cost of the facilitator, James Brimeyer, for the retreat. There was a lengthy discussion regarding the cost versus benefit of using a facilitator. MOTION by Fitch, second by Gamer to approve the retreat as proposed by the City Administrator. VOTING FOR: Gamer, Fitch. VOTING AGAINST: Kuchera, Ristow, Galler. MOTION FAILED. 12. Land Acquisition Agreement for Water Tower Site City Administrator Erar explained the financing plan for the purchase of the site. Discussion took place regarding the price being paid for the land. Water Board members in attendance stated they felt the price was reasonable. It was noted that this was not raw farm land, but prime development land and this factor raises its value. MOTION by Galler, second by Gamer to approve the purchase agreement with Lawrence Wenzel for land associated with the construction of a new City water tower. APIF, MOTION CARRIED. 13. pine Knoll Sanitary Sewer Connections City Engineer Kaldunski provided background information on the requirement for residents in the Pine Knoll Sanitary Sewer project area to hook up to City sewer within two years of it being available. The two year deadline is December 6, 1996. Mr. Kaldunski informed Council that he wished to have the City Attorney send a letter to those property owners who had not yet hooked up to municipal sewer, or were not in the process of doing so. He also requested Council to approve beginning billing those remaining owners for sewer service. Questions were raised regarding the lateness in the year to begin this type of work, and the legality of billing for a service which was not hooked up. MOTION by Galler, second by Gamer to direct the City Attorney to draft a letter to be sent to those property owners who were not yet connected, or had not begun the process of being connected to, the City sewer system; and also to begin billing those residents pending research by the City Attorney as to the legality of doing so. APIF, MOTION CARRIED. 14. Dakota County Transportation Plan Update The City Administrator updated Council on the meeting between officials from cities in Dakota County and the County Board. Mr. Erar informed Council that the Board was not receptive to requests made by the cities, noting the following: cities would be responsible for all costs associated with noise abatement on joint projects; cities would be responsible for all costs associated with intersection lights on County roads; any additions or modifications of TIF on County system would be paid entirely by cities; bikeway and pedestrian improvements issues still need to be resolved. Mr. Erar told Council that the Board adopted the Transportation Plan. A question was raised regarding stop lights on County Road 31. It was noted lights would only be installed if the County agreed to the installation. 15. Roundtable Administrator Erar - Explained the election recount process and noted that statements received from the Office of the Secretary of State confirmed the assertion that no illegal or improper handling of ballot boxes had occurred and the recount process could proceed. Councilmernber Fitch - Commended Police Chief and his staff for the enforcement of traffic regulations on County Road 31. Administrative Assistant Finstuen - Requested Council set a special meeting to act as the Canvassing Board for the election recount. The meeting was set for 6:4S P.M. on Wednesday, November 20th in the Council Chambers at City Hall. 16. MOTION by Fitch, second by Ristow to adjourn at 9:3S P.M.. APIF, MOTION CARRIED. Respectfully submitted,