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HomeMy WebLinkAbout02.21.95 Council Minutes MINUTES COUNCIL MEETING REGULAR FEBRUARY 21, 1995 1. Mayor Kuchera called the meeting to order at 7:00 P.M. Members pres'ent: Kuchera, Galler, Ristow, Fitch, Gamer. Members Absent: None. Also Present: Finance Director Henneke, City Attorney Grannis. 2. Mayor Kuchera led the Council and audience in the Pledge of Allegiance. 3. MOTION by Galler, second by Ristow to approve the agenda with the following changes: a. Add approval of the minutes of special meetings held on February 10th and 11th to item 5a. b. Pull item 5c - Revision to Street Light Standards. c. Pull item se - Review of 1995 MSA Account/5 Year Update - from Consent for discussion. d. Pull item 5g - Annual Water and Sewer Reports. e. Pull item 5h - Canceling Westview Drainage Feasibility Report - from Consent for discussion. f. Pull item 5i - Canceling Ash Street Improvement Feasibility Report - and place it on the agenda of March 6, 1995. g. Pull item 5j - Ordering Farmington Crossing Project - from Consent for discussion. h. Pull item sm Filling of Police Sergeant position. i. Pull item 50 - Amending East Farmington Developers Agreement regarding sanitary sewer assessments from Consent for discussion. j. Pull item 5r - Payment of the Bills - from Consent for discussion. k. Add discussion of Trout Unlimited litigation settlement. l. Add discussion and adoption of resolutions regarding Right of Entry Agreements/Easements for Southeast Area Sanitary Sewer Project. m. Add discussion regarding setting a special HRA meeting to discuss various issues regarding the purchase/negotiations for the McCann property. n. Add Personnel Matters to Executive Session. APIF, MOTION CARRIED. 4. Mayor Kuchera presented a Certificate of Appreciation to retiring Fire Department member Ron Royce. The Mayor thanked Mr. Royce, on behalf of the Council and the community, for his 34 years of firefighting service. 5. There were no Citizen Comments. Council Minutes - 2/21/95 - Page 2 6. Consent Agenda MOTION by Ristow, second by Gamer to approve the Consent Agenda as follows: a. Approve minutes of 1/30 (Special), 2/6 (Regular), 2/10 (Special), 2/11 (Special) . b. Approve Payments to NSP for installation of street lighting for Projects 94-1 (Oak Street Improvement) and 91-6 (City Center) in the amounts of $25,801.00 and $25,340.00, respectively. c. Adopt RESOLUTION NO. R18-95 requesting Dakota County to conduct a traffic study at the intersection of First and Elm Streets. d. Received update on pine Knoll Sanitary Sewer Services. e. Accept petition and adopt RESOLUTION NO. R19-95 ordering a feasibility report for extension of sanitary sewer to the Highway 3 Budget Mart and homes adjacent to the east service drive south of Spruce Street. f. Adopt RESOLUTION NO. R20-95 accepting donation of $150.00 from the Lutheran Brotherhood. g. Adopt RESOLUTION NO. R21-95 AND RESOLUTION R21a-95 authorizing applications for gambling premise permits for the American Legion. h. Set a Public Hearing for March 6, 1995 at 7:30 P.M. to review a mineral extraction permit for property located at 5827 210th Street West. i. Adopt RESOLUTION NO. R22-95 authorizing application for a gambling premise permit for the Minnesota Waterfowl Association at the American Legion. APIF, MOTION CARRIED. 7. MSA 5 Year Plan Update/Account Balance Member Fitch asked Public Works Director Kaldunski to explain the MSA fund balance, specifically, the amount of funds which were actually available for use. Mr. Kaldunski explained how funding balances were maintained and increased by use of the funds available. Several questions were raised regarding State aid streets within the City and what happened to MSA funds if they were not used. MOTION by Galler, second by Gamer to direct Mr. Kaldunski to update the 5 Year MSA Plan and return with the information at a future meeting. APIF, MOTION CARRIED. 8. Westview Drainage Feasibility Report City Engineer Kaldunski explained the 4 options which were reviewed in the original feasibility report and the high cost of pursuing those options. He also explained that development on the School District property had changed the ponding possibilities. Terry Stapf, 100 West Hickory Street, was in the audience and stated that the pooling of water in the Hickory Street/Westview Drive area had become worse since the development of Westview Townhomes, and that the developer of that project had hauled in truckloads of sand to the area that was to be used for ponding. Mr. Kaldunski stated that he would check into the situation. The resident also questioned whether the drainage system being proposed by the City Engineer was merely a \\bandaid" and what would happen if it didn't work. Mr. Kaldunski explained that system would consist of a concrete apron, catch basins with sediment traps and perforated tubing and that this system should solve the problem in a more cost effective manner for residents, who would be assessed for storm sewer improvements. Councilmember Ristow stated Council Minutes - 2/21/95 Page 3 that he and Mr. Kaldunski had looked at and discussed the drainage problem in Westview that morning and that he felt the system proposed by staff would help alleviate the drainage problem. MOTION by Ristow, second by Gamer to approve the cancellation of the Westview Drainage project feasibility report and to authorize staff to proceed with the installation of the proposed drainage system. APIF, MOTION CARRIED. 9. Farmington Crossing Feasibility Report City Engineer Kaldunski gave a presentation describing the scope of the project, which would consist of a walkway, reflection pool, tables and landscaping on property located between the Farmington Steakhouse and the Eagles Club. It was his opinion that the HRA should discuss funding options prior to ordering the project. It was the consensus of the Council to defer any action on the project until the HRA Board discussed the project funding options further and that this discussion should be added to the February 27th special HRA meeting agenda. 10. East Farmington Developer's Agreement Several questions were raised regarding why the City was picking up some of the costs for sanitary sewer assessments. City Engineer Kaldunski explained that the credits were for ponding and wetland benefits. He explained that the City would be liable for these costs because the property would be City owned and by forgiving these costs in the development agreement, the City would save administrative costs incurred with processing the assessments. MOTION by Galler, second by Kuchera to amend the East Farmington Developer's Agreement pertaining to sanitary sewer assessment credits. VOTING FOR: Kuchera, Galler, Gamer, Fitch. ABSTAIN: Ristow. MOTION CARRIED. 11. Payment of the Bills Finance Director Henneke explained that there was an error in the amount listed for Police Chief Association dues. Member Fitch questioned the bills from Bonestroo, Rosene and Anderlik and from Briggs and Morgan. Finance Director provided a breakdown of the fees charged by Briggs and Morgan. MOTION by Galler, second by Gamer to approve the payment of the bills with the noted change. VOTING FOR: Kuchera, Galler, Gamer, Fitch. ABSTAIN: Ristow. MOTION CARRIED. 12. Tobacco Licensing Ordinance Police Chief Siebenaler provided an explanation of the problems encountered with the illegal sale of tobacco to minors and the provisions of the proposed ordinance. There was a lengthy discussion regarding the licensing of tobacco sales and enforcement. Members of a student task force group were present to explain their experiences with purchasing tobacco at various places within the City. The members were commended for their efforts in determining the scope of the problem within the City. MOTION by Galler, second by Fitch to adopt ORDINANCE NO. 095-348 regulating the sale and licensing of tobacco and tobacco related products within the City of Farmington. APIF, MOTION CARRIED. Council Minutes - 2/21/95 - Page 4 13. Restrictions on Nude Dancing in Liquor Establishments Police Chief Siebenaler presented a proposed ordinance which would restrict nude dancing in establishments which serve liquor within the City of Farmington. The Police Chief stated that he felt it was the sentiment of the community that such an ordinance would be welcomed. MOTION by Kuchera, second by Gamer to adopt ORDINANCE NO. 095-349 restricting nude dancing in establishments which serve liquor. APIF, MOTION CARRIED. The Police Chief was commended for taking a proactive stance on this issue and was directed to look into restrictions on signage placed in front of such establishments as well. 14. Trout Unlimited Litigation Settlement Discussion was held regarding the agreement which would release the City from litigation brought about by Trout Unlimited in connection with the East Farmington project. The Council was updated on the agreement which had been reached between Sienna Corporation and Trout Unlimited. The agreement will provide for an environmental study on the impact of the East Farmington development on the Vermillion River. MOTION by Galler, second by Kuchera to approve the signing of the agreement contingent upon review by legal counsel. VOTING FOR: Kuchera, Galler, Fitch, Gamer. ABSTAIN: Ristow. MOTION CARRIED. 15. Right of Entry/Easement Agreements for Southeast Sanitary Sewer Project John Cairns of Briggs and Morgan was present to explain the agreements. He informed the Council that the agreements were for rights of entry at access points for project construction and construction easements. MOTION by Galler, second by Kuchera to adopt RESOLUTION NO. R23-95 approving acquisition of right of entry for Parcel #1 (Finnegan property), RESOLUTION NO. R24-95 approving acquisition of right of entry for Parcel #2 (Hince property), RESOLUTION NO. R25- 95 approving acquisition of right of entry for Parcel #3 (Sienna property) , RESOLUTION NO. R26-95 approving acquisition of right of entry for Parcel #4 (Finnegan property); and RESOLUTION NO. R27-9s approving acquisition of right of entry for Parcel #5 (Hince/Finnegan/Sienna property). VOTING FOR: Kuchera, Galler, Fitch, Gamer. ABSTAIN: Ristow. MOTION CARRIED. 16. Upcoming Meetings The Council set a special meeting of the HRA for Monday, February 27, 1995 at 7:00 P.M. to discuss acquiring property and the Farmington Crossing Project. 17. Roundtable The Councilmembers didn't have any additional issues to discuss. 18. MOTION by Galler, second by Ristow to take a five minute recess before adjourning into Executive Session. APIF, MOTION CARRIED. 19. The Council adjourned into executive session at 8:35 P.M. to discuss an annexation appeal update. MOTION by Galler, second by Gamer to direct Attorney John Cairns to draft the necessary documents to delay annexation proceedings for 60 days. APIF, MOTION CARRIED. Council Minutes - 2/21/95 - Page 5 20. The Council adjourned into executive session at 9:22 P.M. to discuss personnel matters. MOTION by Galler, second by Fitch to close the executive session at 9:45 P.M.. APIF, MOTION CARRIED. 21. MOTION by Ristow, second by Fitch to adjourn the meeting at 9:45 P.M.. APIF, MOTION CARRIED. Submitted by, w~~ Wayne Henneke Finance Director ~rn~~ Mary Hanson Clerk/Typist Approved