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HomeMy WebLinkAbout07.17.95 Council Minutes MINUTES COUNCIL MEETING REGULAR JULY 17, 1995 1. Mayor Kuchera called the meeting to order at 7:00 P.M.. Members Present: Kuchera, Ristow, Gamer, Fitch. Members Absent: Galler. Also Present: Administrator Thompson, Attorney Grannis. 2. The Mayor led the Council and audience in the Pledge of Allegiance. 3. MOTION by Ristow, second by Gamer to approve the agenda with the following changes: a. Remove item Sf - Development Agreement Extension - prairie Creek 1st and 2nd. b. Remove item 5i - Approve Sale of Solid Waste Vehicles. c. Remove item 5t - Capital Outlay Request - Engineering Software. d. Remove item 8b - Resolution Approving Use of IRB's - River Valley Clinic Purchase. e. Add Sewer Service Agreement - Adelmann's. f. Remove item 5b - prairie waterway Phase II g. Remove item 5m - Parks and Recreation Auto Purchase from Consent for discussion. h. Remove item 50 - Personnel Plan for Solid Waste from Consent for discussion. i. Remove item 5q - Proposal for Architectural Services from Consent for discussion. j. Remove item 5v - Arena Manager's School and Conference Request from Consent for discussion. APIF, MOTION CARRIED. 4. Citizen Comments a. Mayor Kuchera presented a certificate of appreciation to Cindy Moody for her volunteer service on the Dakota County Alliance for Prevention Committee. b. Commissioner Joe Harris was present and gave comments regarding: . Library Expansion . County Road projects - CR #74, CR #50, CR #31, 195th Street, CR #64 west . Airport Update 5. Consent Agenda MOTION by Ristow, second by Gamer to approve the Consent Agenda as follows: a. Approve Minutes ~ 7/5/95 (regular); 7/10/95 (special). b. Approve Capital Outlay Request - Parks and Recreation Light Fixtures - $8,148.00. c. Approve Extension to Developer's Agreement - Westview Townhomes - 6/1/96. d. Approve Extension to Developer's Agreement South Suburban First - 9/15/95. e. Approve Extension to Developer's Agreement Limerock Ridge - 6/5/96. f. Approve Extension to Developer's Agreement Akin Park 2nd, 3rd, 4th - 6/31/96. g. Approve Capital Outlay Request - Solid Waste Recycling Bins -,$3,723.98. '" -'-:-::,.-"'-~. :"?~, . Council Minutes - 7/17/95 - Page 2 h. Approve Payment to Buchen Environmental - $2,958.00; Accept Sump Pump Inspection Report - Phase III. i. Approve Compensation Plan as Recommended by Compensation and Finance Committees. j. Adopt RESOLUTION NO. RBl-95 amending Resolution Rl-95 - Increase Yard Waste Sticker Rate from $1.00 to $1.05 per bag per July 10, 1995 memo. k. Approve School/Conference Request - Police Department - National Association of School Resource Officers Institute. 1. Adopt RESOLUTION NO. RB2-95 approving Minnesota Lawful Gambling Premise Permit Application for Orchard Lake Sportsmen's Club dba Longbranch. m. Approve Agreement with State of Minnesota for inspection of CT installation at South Suburban Medical Center. n. Adopt RESOLUTION NO. RB3-95 approving a loan with the Metropolitan Council Wastewater Services for 1993 flows per July 11, 1995 memo. o. Approve Payment of the bills as submitted. APIF, MOTION CARRIED. 6. prairie Waterway Phase II Completion Date Extension MOTION by Fitch, second by Kuchera to approve the agreement as presented. VOTING FOR: Gamer, Kuchera, Fitch. ABSTAIN: Ristow. MOTION CARRIED. 7. Purchase of Lawnmower/Pool Restoration (7/5/95 memo) Councilmember Gamer provided an explanation. MOTION by Gamer, second by Fitch to approve Capital Outlay Request - Parks and Recreation Lawnmower - $9,000.00; approve Budget Adjustment - $1000 from Capital Equipment (Park and Recreation Vehicles) to Recreation Equipment/Maintenance per July 5, 1995 memo. APIF, MOTION CARRIED. 8. Public Hearings Mayor Kuchera opened the following public hearings: . Amend Zoning Ordinance - Relocated Structures . preliminary Plat of Nelsen Hills Farm 4th Addition The hearings were continued until later in the evening. 9. Solid Waste Transition Plan (7/13/95 memo) The Council acknowledged receipt of the process to be followed. 10. Architectural Agreement Questions regarding the hourly rate were raised. MOTION by Fitch, second by Kuchera to approve the request as presented. APIF, MOTION CARRIED. Council Minutes - 7/17/95 - Page 3 11. School/Conference Request - Arena Managers MOTION by Ristow, second by Kuchera to approve the request as presented. APIF, MOTION CARRIED. 12. Public Hearing - Relocated Structures Background information was presented by City Planner Tooker. Questions/Comments: Cm. Fitch: Without the public hearings, how do people give input? Planner Tooker: You have to trust the Planning Commission. It does have to meet architectural compatibility. Cm. Fitch: What's to prevent someone from moving in a house that is incompatible? Planner Tooker: It has to be architecturally compatible. A lengthy discussion followed regarding the use of conditional use permits. Questions relating to the application of the process (public hearing versus no public hearing) and architectural controls (more stringent standards). Adm. Thompson: A person could build a house that's incompatible. It would be my recommendation that the Council eliminate moving buildings. Cm. Gamer: I don't like to see a relocated structure going into East Farmington. (Rest of Council tended to agree.) Cm. Ristow: I've been at public hearings when many people are present. A lengthy discussion ensued regarding consistent application of the ordinance and how it applies to all future applications. Atty. Grannis: The ordinance should be cleaned up. You should direct staff to prepare new language. Adm. Thompson: What I am hearing is the Council would like: . to retain the public hearing; . eliminate the abstractor's list notifying adjacent properties; . clearer architectural design standards; . a time frame for moving buildings (3 months); . surety for improvements. MOTION by Fitch, second by Gamer to continue the hearing until August 7, 1995 at 7:30 P.M.. APIF, MOTION CARRIED. Council Minutes - 7/17/95 - Page 4 13. Public Hearing - Nelsen Hills 4th Addition A presentation was given by Planner Tooker covering the following issues: a. Trail should be identified and included in the development agreement; b. Planning Commission Agenda Report; c. Water main connections; d. Softball fields; e. Turnaround on Outlot 4; f. Additional drainage easement through undeveloped property. Questions/Comments: Cm. Ristow: Will they save the trees? Planner Tooker: Most were saved in the Third Addition. Cm. Fitch: will we be able to develop the park in the near future? P&R Dir. Bell: Yes. Cm. Gamer: Can more than one field be built? P&R Dir. Bell: Not on this site but perhaps on the Cameron property. I will also be looking at building a small trail from the main trail to Essence Trail. Bill Weierke: Will the multi purpose trail to the water tower be built heavy enough for trucks? Eng. Kaldunski: It has been reviewed and I have commented as such. P&R Dir. Bell: Are you going to abandon the existing access? Eng. Kaldunski: Yes. John Dobbs: (Project Development Manager). The lots are oversized. Erosion was due to poor drainage from Lots 5 and 6 from the Second Addition. We will include PUD with trails in all purchase agreements. We will install signs denoting trails. We are a big advocate of improving the park. MOTION by Ristow, second by Gamer to close the public hearing. APIF, MOTION CARRIED. MOTION by Ristow, second by Fitch to adopt RESOLUTION NO. R84-95 approving the preliminary plat of Nelsen Hills Farm 4th Addition and authorizing the signing of the final plat contingent upon execution of a developer's agreement and incorporating the Planning Commission. comments. APIF, MOTION CARRIED. 14. parkwood Reformed Presbyterian Church Pastor Tom Stein expressed concern regarding increased traffic and lack of parking due to restrictions. Councilmember Ristow asked if the alley could be used and noted that Elm Street would have turn lanes. Councilmember Ristow indicated that he Council Minutes - 7/17/95 - Page 5 doubted the Police Department would ticket if someone unloaded members. It was the consensus of the Council that dropping off churchgoers would not be a problem. Engineer Kaldunski stated that turn lanes would be painted this Fall and a loading zone would eliminate the center turn lane. Mayor Kuchera indicated that the congregation could use Hardee's and First Street; and that the congregation should look at providing off street parking. Councilmember Ristow asked if the church could indent the curb. Pastor Stein indicated that he would contact the City regarding adding parking. 15. Southeast Sanitary Sewer Easement - Severson MOTION by Fitch, second by Gamer to adopt RESOLUTION NO. R85-95 accepting the permanent easement from Seversons/Olivers. VOTING FOR: Gamer, Kuchera, Fitch. ABSTAIN: Ristow. MOTION CARRIED. 16. Prairie Waterway - TH #3/Elm Street Branch Administrator Thompson provided an update. It was proposed to acquire 15 feet from Wausau at the market rate. Councilmember Fitch indicated that he would like to see a financial analysis. It was the consensus of the Council (excluding Member Ristow) that Staff proceed with the proposal and that the use of eminent domain would not be precluded. 17. "Tn Intersection Rights of Way (7/13/95 memo) It was the consensus of the Council that the Public Works Director present specific financial information relating to damages. 18. Rosebriar Apartments Councilmember Gamer asked if any changes had occurred since the HRA meeting relating to construction. HRA Executive Director Henricks indicated that the costs remained approximately the same. Councilmembers Fitch, Gamer and Ristow indicated that no G.O. bonds would be sold by the City. Councilmember Gamer asked how long the project would drag on. Mr. Henricks indicated that construction would have to begin by March or April of 1996. Questions were raised regarding the costs and various options. The Council also directed staff to look at the possibility of opening the Main Street railroad crossing. 19. County Road 74 Drainage and Utilities Feasibility Report Engineer Kaldunski presented the following information: a. stormwater alignment; b. sanitary Sewer along highway (3 alignment); c. sewer only services on side which will double costs to each property; d. Fairgrounds pond; e. water main extensions; f. benefit charge and area wide charge for water service (approximately $2,500 per house per household per policy) . "~~~~ -f ~~< Council Minutes - 7/17/95 - Page 6 No further action was taken on the matter. 20. Adelmann Sewer Service Agreement (July 17, 1995 memo) Questions were raised regarding waiving the quarterly fee. MOTION by Fitch, second by Gamer to approve the agreement with the recommended change relating to quarterly fees. VOTING FOR: Fitch, Gamer, Kuchera. ABSTAIN: Ristow. MOTION CARRIED. 21. Roundtable . Clarence Sindt, husband of Lakeville Councilmember Betty Sindt, passed away. . Former fireman Jim Deegan passed away. 22. MOTION by Ristow, second by Gamer to adjourn at 11:10 P.M.. APIF, MOTION CARRIED. Respectfully submitted, Larry Thompson City Administrator Approved