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HomeMy WebLinkAbout03.06.95 Council Minutes MINUTES COUNCIL MEETING REGULAR MARCH 6, 1995 1. Mayor Kuchera called the meeting to order at 7:00 P.M.. Members Present: Kuchera, Ristow, Gamer, Fitch, Galler. Members Absent: None. Also Present: Administrator Thompson, Acting Attorney Lehman. 2. Mayor Kuchera led the Council and audience in the Pledge of Allegiance. 3. MOTION by Galler, second by Gamer to approve the agenda with the following changes: a. Remove item 5f - Sewer Report. b. Remove item 5h - FEMA Agreement. c. Remove item si - Radio Repairs. d. Add proposed resolution supporting passage of the Minnesota Emerging Communications Act. e. Add discussion of future workshops. f. Remove item 5k - MPCA Revolving Loan from Consent for discussion. APIF, MOTION CARRIED. 4. Citizens Comments (None) s. MOTION by Galler, second by Ristow to approve the Consent Agenda as follows: a. Approve the minutes of the February 21, 1995 regular meeting. b. Adopt RESOLUTION NO. R28-95 Approving a Minor Amendment to Dakota County Estates 9th Addition Plat. c. Receive update on sump pump compliance - Phases I and II. d. Adopt RESOLUTION NO. R29-95 Authorizing the Advertisement for Bids of a Public Works Department Motor Grader. e. Receive the Annual Water Use Report. f. Approve Payment #4 to S.M. Hentges in the amount of $45,009.91 for Project 88-4 - Pine Knoll Improvements. g. Adopt RESOLUTION NO. R30-95 Supporting MnDOT overlay project on TH 3. h. Approve School/Conference Request - Fire Sectional Conference. i. Approve installation of municipal service bill drop boxes. j. Approve payment of the bills as submitted. APIF, MOTION CARRIED. 6 . MPCA Revolving Loan MOTION by Kuchera, second by Gamer to adopt RESOLUTION NO. R31-95 Approving an MPCA Loan and to Issue $1,053,000 G.O. Bond Series 1995. VOTING FOR: Gamer, Kuchera, Galler, Fitch. ABSTAIN: Ristow. MOTION CARRIED. Council Minutes - 3/6/95 - Page 2 7. Feasibility Report for Ash Street Improvements It was the recommendation of the City Administrator that the feasibility report be ordered due to negotiations with the townships. MOTION by Ristow, second by Kuchera to adopt RESOLUTION NO. R32-95 Ordering a Feasibility Report for Ash Street (C.R. 74) and directing staff to request that the County allow the City to do the feasibility report. APIF, MOTION CARRIED. 8. Public Hearings (7:30 P.M.) Rezonin~ Reqpest from Susan poirot (North of Budget Mart on TH 3) Planner Tooker gave a presentation on the rezoning, noting that an access plan and site plan would need to be developed. QUESTIONS/COMMENTS: Cm. Galler: What type of development is involved? Ms. poirot: Approximately 4,000 square feet. No outside kennels. It will look like a house (similar to the Lakeville Pet Hospital) . Cm. Galler: Would parking need to be expanded out the back? Planner Tooker: No. Mayor Kuchera: How close is the Budget Mart to the south property line? Ms. poirot: Approximately 25 feet. Cm. Ristow: What is the pipe in the ground? Ms. poirot: I believe it is an old irrigation pipe. Cm. Fitch: Would the access fit into the changed Spruce Street access? Eng. Kaldunski: No. Walnut Street access will ultimately be removed. Cm. Galler: Have you reviewed the proposed changes with the frontage road? Ms. poirot: I was involved with the meetings with MnDOT and the City. MOTION by Galler, second by Ristow to close the hearing. Cm. Ristow: Does the rezoning fit with the Comprehensive Plan? Council Minutes - 3/6/95 - Page 3 Planner Tooker: Yes. It was recognized that there would be a small commercial node. em. Ristow: Could other properties rezone along Highway 3? Planner Tooker: It would be inconsistent with the Comprehensive Plan. Mayor Kuchera: How does this impact Mr. Thompson? Could he rezone his property commercial? Planner Tooker: The Council could rezone the property. Cm. Ristow: How will the property be served by sewer? Eng. Kaldunski: A feasibility report is presently being reviewed. Mayor Kuchera: How much say does the State have? Eng. Kaldunski: Only if its on State right of way. Cm. Ristow: When will you start? Ms. poirot: I'm waiting to hear on the feasibility report. Mayor Kuchera: What is the best way to serve the property? Eng. Kaldunski: The cheapest would be via Larch Street, but I'm not sure Ms. poirot wants to wait for East Farmington Phase II to begin. VOTING ON THB MOTION: APIF, MOTION CARRIED. MOTION by Ristow, second by Gamer to adopt ORDINANCE NO. 095-350 rezoning the described property from R-3 to B-l. APIF, MOTION CARRIED. Mineral Extraction Permit (Lew Wurdeman Property) March 2, 1995 memo. City Engineer Kaldunski presented an overview, noting it was an extension and continuation of the Huber excavation. Mr. Kaldunski noted the present operation was a very clean one. QUESTIONS/COMMENTS Cm. Galler: Who will maintain the road? Eng. Kaldunski: Fairgreen and 210th will be maintained by the City. Cm. Galler: Will the same contractor operate out of both pits? Council Minutes - 3/6/95 - Page 4 Eng. Kaldunski: Yes. It is the same as the school's permit which allows some administrative flexibility. MOTION by Ristow, second by Galler to close the public hearing. APIF, MOTION CARRIED. MOTION by Galler, second by Kuchera to approve the mineral extraction permit with conditions outlined in the Engineer's March 2nd memo. APIF, MOTION CARRIED. TIF District ~5 - Controlled Air (Memo dated March 1, 1995) A presentation was given by HRA Director Henricks. QUESTIONS/COMMENTS Cm. Fitch: No bonding. Pay as you go. MOTION by Galler, second by Fitch to close the hearing. APIF, MOTION CARRIED. MOTION by Ristow, second by Kuchera to adopt RESOLUTION NO. R33-9s approving the Economic Development TIF District No. 5 for Controlled Air. APIF, MOTION CARRIED. 9. Petition for Annexation - John Young (Memo dated 2/28/95) Presentation by Administrator Thompson. Mr. Young indicated that Castle Rock Township had refused to address his proposals and hear his appeal. Mr. Young felt that he had vested rights in that the parcel was a lot of record as far as he was concerned; zoning was an open issue; and utilities were not an issue. It was the consensus of the Council that it did not wish to annex in a piecemeal manner without having the ability to regulate and extend utilities to the entire area. MOTION by Fitch, second by Ristow to deny the petition. APIF, MOTION CARRIED. It was the consensus of the Council that it consider establishing policy for annexation petitions and that staff prepare a recommendation. 10. Nelsen Hills Farm POD Planner Tooker gave a presentation and Administrator Thompson provided an overview on new wellhead protection regulations and how they may impact the City. MOTION by Ristow, second by Galler to adopt ORDINANCE NO. 095-351 approving the Nelsen Hills Farm Final PUD. APIF, MOTION CARRIED. 11. Communication Services Act of 1995. (Memo from LMC dated 2/22/95) . It was the recommendation of Administrator Thompson to adopt the proposed resolution. MOTION by Kuchera, second by Ristow to adopt RESOLUTION NO. R34-95 Supporting the Passage of the "Minnesota Emerging Communications Act of 1995". APIF, MOTION CARRIED. 12. Workshop (3/6/95 memo) It was the consensus of the Council to set a workshop for March 27, 1995 at 7:00 P.M. to discuss personnel issues and the 1995/1996 Work Program. Council Minutes - 3/6/95 - Page 5 13 . Roundtable The Council sent condolences to Attorney Grannis regarding his mother's death. 14. MOTION by Fitch, second by Gamer to adjourn at 9:20 P.M.. APIF, MOTION CARRIED. Respectfully submitted, ~~=~-r-- City Administrator Approved