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HomeMy WebLinkAbout10.02.95 Council Minutes Cl51 MINUTES COUNCIL MEETING REGULAR OCTOBER 2, 1995 1. The meeting was called to order by Mayor Kuchera at 7:00 P.M.. Members Present: Kuchera, Galler, Gamer, Fitch, Ristow. Members Absent: None. Also Present: Interim Administrator Finstuen, 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. Move the swearing in ceremony for Kevin Rofidal from Petitions, Requests and Communications to Citizens Comments. b. Remove item 5d - MnDOT Agreement for Traffic Signal pre-emption - from the agenda c. Remove item Sf - Pine Knoll Final Pay Estimate - from the agenda. d. Remove item Sg - Placement on the MPCA Revolving Loan Fund - from the agenda. e. Remove item 5y - Payment of the Bills - from the agenda. f. Remove item 5k - Sienna Request Regarding Hed House Purchase - from Consent for discussion. g. Remove item 5q - Setting Hearing on Annexation Requests - from Consent for discussion. h. Remove item Su - Request for Handicapped Child Area Sign - from Consent for discussion. i. Remove item 5x - Set Hearing for Refinancing of Industrial Park G.O. Bonds - from Consent and place under Ordinances and Resolutions. j. Remove item 9a - Sienna Proposal Regarding Spruce Street Access and Area utilities - from the agenda for discussion in an Executive Session. k. Remove item 9b - prairie Waterway/Elm Street - TH #3 Branch Easement Agreement - from the agenda. APIF, MOTION CARRIED. 4. Citizen Comments Police Chief Dan Siebenaler introduced newly hired Police Officer Kevin Rofidal to the Council and audience. Interim Administrator Finstuen administered the Oath of Office after which Officer Rofidal was congratulated by the Councilmembers and audience. John Richardson: Asked the Council to review the City ordinance against dogs running at large. He stated that two large dogs were regularly running loose in his Elm Stveet neighborhood. An unidentified resident questioned whether or not the City had a cat control ordinance. He stated that he had contacted Apple Valley and that they had such an ordinance. He was informed that the City did not have an ordinance in place regarding cats. 52Council Minutes - 10/2/95 - Page 2 S. MOTION by Ristow, second by Kuchera to approve the Consent Agenda as follows: a. Approve the minutes of the 9/lS regular and the 9/20 special meetings. b. Approve the HPC Annual Report. c. Approve the Content of the Half d. Adopt RESOLUTION NO. Rl15a-95 - e. Approve an Agreement with Larry Project. f. Adopt RESOLUTION NO. R115-95 approving a Cooperative Agreement with MnDOT for prairie Waterway Phase III and Ash Street Drainage. g. Accept Easements for Project 95-2 - Spruce Street Access and Area Utilities. h. Approve Payment of the Balmori and Associates Bill. i. Approve the Training Agreement between the Police Department and Dakota County Technical College. j. Approve School/Conference Request - MN Recreation and Parks Association Conference k. Approve Final Payment for Project 95-4 - 1995 Seal Coating. 1. Approve Payment #6 to Enebak Construction for project 93-14 - SE Area Storm Sewer. m. Set Public Hearing for 10/16/95 at 8:00 P.M. - Arterial Street Setbacks. n. Set Public Hearing for 10/16/95 at 7:30 P.M. - Sale of Bonds for So. Suburban Medical Center o. Set Public Hearing for 11/6/95 at 7:30 P.M. - Tax Increment District #11. p. Approve SChool/Conference Request - Management Academy - Public Works. q. Finalize Permanent Easements - Hansen/Murphy Property - pine Knoll Project. Page Ad in the Independent. Agreement with MnDOT for TH 3 Service Rother Regarding the SE Area Sanitary Road. Sewer APIF, MOTION CARRIED. 6. Hed House Purchase - Sienna Request Per Finance Director Henneke's 9/25/95 memo. Councilmember Ristow expressed concern with changing from option A to Option B in regard to the effect it would have on future changes in development agreements. Attorney Grannis stated that approving the change to Option B would not set a precedent and that each amendment to a development agreement would have to be considered on its own merit. MOTION by Ristow, second by Gamer to deny the request to change from Option A to Option B. Discussion ensued regarding the fact that there would be no out of pocket expenses to the City; the actual relocation site for the Hed house; the need to give the development every chance to succeed. Mayor Kuchera opened the public hearing scheduled for 7:15 P.M.. The hearing was continued until later in the meeting. VOTING FOR: Ristow, Gamer. AGAINST: Kuchera, Galler, Fitch. MOTION FAILED. MOTION by Galler, second by Fitch to approve the request by Sienna to change to Option B for the purchase of the Hed house. VOTING FOR: Galler, Fitch, Kuchera. AGAINST: Ristow, Gamer. MOTION CARRIED. 7. Set public Hearing on Annexation Petitions Member Ristow left the Council table since he was affected by proposed annexation requests. Member Fitch stated that he had concerns regarding annexing two of the areas which were being requested in regard to proximity to City boundaries. MOTION by Galler, second by Gamer to set a public hearing for November 6, 1995 at 7:30 P.M. Council Minutes - 10/2/95 - Page 3 '1 C1 ~s to consider annexation petitions for properties located in Sections 19, 29 and 32 of Empire Township. VOTXNG FOR: Fitch, Kuchera, Galler, Gamer. ABSTAXN: Ristow. MOTION CARRXED. 8. Handicapped Child Area Sign councilmember Ristow introduced Ruth Greene, the resident who was requesting the placement of the sign on 183rd Street in Dakota County Estates. Mrs. Greene stated that she had contacted Gopher Sign Company and that there were two types of signs available and that she would pay for purchasing the sign. Discussion followed regarding the sign being only a notice/warning sign, not an enforceable traffic sign; the two options for sign color and size; other types of warning signs in the City; and who should pay for the purchase and installation. MOTION by Kuchera, second by Gamer that the City purchase and install two diamond shaped signs on l83rd Street in Mrs. Greene's neighborhood in Dakota County Estates. APZF, MOTZON CARRIED. Mrs. Greene thanked the Council for their consideration of her request. 9. Mayor Kuchera reopened the public hearing to discuss zoning of newly annexed parcels of land. City planner Tooker gave a brief overview of the reasoning for adopting the zoning amendment. He stated that it was, basically, to have a zoning designation in place for all properties in the City; to prevent the situation which currently exists on two annexed properties which were never given a zoning classification; and to generate action by the Planning Commission and Council. He stated that this would be a good time to adopt this ordinance in light of the current number of requests for annexation which the City has received. Member Galler stated that he thought it was a good idea since it allowed property owners to know ahead of time what their property would be zoned initially. Penny Dimmen: Gave an explanation of the problem with a dry well which her client, Herman Olson of 2l3th Street, was experiencing and his desire to annex. em. Galler: That item will be discussed later in the meeting. Councilmember Ristow vacated his seat for the remainder of the public hearing. em. Fitch: How long does the zoning process take? Planner Tooker: About two months. em. Galler: Who would petition for zoning classification? Planner Tooker: Staff. There wouldn't be a cost to the property owner. em. Fitch: Could zoning property A-1 affect a current use tax wise? em. Galler: It shouldn't. Planner Tooker: Each property would be looked at individually and rezoned according to the City's Comprehensive Plan proposed use plan. 1 t- ;f j ;)':1 Council Minutes - 10/2/95 - Page 4 MOTION by Galler, second by Gamer to close the public hearing. VOTING FOR: Kuchera, Galler, Gamer, Fitch. ABSTAIN: Ristow. MOTION by Galler, second by Kuchera to adopt ORDINANCE NO. 095-359 zoning all newly annexed property to the City of Farmington as A-l Agricultural. VOTING FOR: Kuchera, Galler, Gamer, Fitch. ABSTAIN: Ristow. MOTION CARRIED. It was the consensus of the Council that a policy should be established by staff to review and rezone annexed property to the proper classification for its existing and/or proposed use. 10. Refinancing of Industrial Park G.O. Bonds HRA Director Henricks noted that there was no need to set a public hearing prior to approving the refinancing and that the Council would only need to adopt a resolution approving the action. Jerry Shannon of Springsted, Inc., was present to discuss the advantages and savings to the City if refinancing was approved. It was the consensus that it would be to the City's benefit to approve the refinancing. MOTION by Gamer, second by Kuchera to adopt RESOLUTION NO. Rl16-95 setting the terms and conditions of sale of Industrial Park G.O.Revenue Bonds, Series 1995A. APIF, MOTION CARRIED. 11. Clarification of East Farmington TIF Councilmember Galler gave an overview of his reasons for requesting that this item be placed on the agenda for discussion. Finance Director Henneke gave a synopsis of the effect of Sienna not meeting its build out schedule for 1995 as outlined in his September 27, 1995 memo. Jerry Shannon stated that this event was taken into account in the tax increment agreement and other funding sources were available to cover the differential should the worst case scenario occur. It was the consensus of the Council that regular updates on the progress of the development would be helpful. 12. Impact of project 93-15 on Wells City Engineer Kaldunski gave an overview of the problems with private wells encountered by area landowners due to the dewatering required for Project 93-15. Engineer Kaldunski stated that some of the wells had returned to service, however, there were at least 5 wells which were not in service, another well for which he had not been able to contact the property owner, and 2 irrigation wells which were impacted. Although the groundwater level was returning to normal, it was believed the screens on the wells were plugged with silt but there was no way of determining this unless the wells were pulled. Engineer Kaldunski went on to say that new County Health Department regulations prevented the City from pulling the existing shallow wells, cleaning the screens and replacing the well. Therefore, he presented three options per his September 28, 1995 memo. They were: . Have property owners pull, clean and reinstall wells and the City reimburse the cost. (Property owners can do this work on their own property.) . Have City install new wells. . Have property owners connect to City water system. Council Minutes 10/2/95 - Page 5 155 Mr. Kaldunski stated that the contractor on the sanitary sewer project was not liable for any of the damages or costs associated with the dry wells and that the City's insurance carrier was looking into the claims that the City had received. It was the consensus of the Council that the residents needed to have service restored and, of the options presented, connecting to the City's system would be the most cost effective for the City. The problem with this solution, as pointed out by Marvin Wier, a member of the Water Board who was in the audience, was that extending service to properties that were not within the City was not permitted by the Water Board. Therefore, property owners would have to submit annexation petitions to the City if they wished to have City service. The time frame required by the annexation process would run into the cold weather season and the aboveground hoses providing water at this time would no longer be feasible. In addition, freezing water pipes could create additional damage claims. Several of the property owners present requested annexation petitions and placement on the annexation public hearing scheduled for November 6th. It was determined that the Council would add this item to the special meeting scheduled for October lOth and invite the Water Board to attend. MOTION by Galler, second by Gamer to add the Pohl, Bauer, Weflen and Franke properties to the annexation public hearing for November 6, 1995. APIF, MOTXON CARRIED. Engineer Kaldunski was directed to contact the Water Board members prior to the October lOth meeting and to send letters to the remaining affected property owners on 2l3th Street. Finance Director Henneke was directed to review possible funding for the various options for remedying the well problems. 13. Interview Consultant for Administrator position Search A representative of the Brimeyer Group presented some background information on his firm and gave an overview of the process used to find candidates for the City Administrator position. This process included: . Develop a City profile - what does the City really need and want in a City Administrator? . Determine search area - use ads, data base for referrals and contacts. . Receive and screen resumes - narrow possibilities down to 15 to 20. . Perform various background checks and prepare a summary report for Council review. . Council selects candidates for interview. Consultants will help Council prepare for interview process. . Council makes final decision. Consultant does six month performance evaluation. Devises work program to work out differences early on, before they become serious problems. . Provides 18 month guarantee for program. Consultant will perform new search if selected individual does not work out, unless majority of Council structure changes within that time period. . The entire process takes 90 to 120 days and, with the search limited to the upper Midwest area, will cost approximately $12,500. ~ '~~'''''''~''''__~_'''~':''''''''__~::';'':'''''~ r' 1 Council Minutes - 10/2/95 - Page 6 14. The Council took a five minute break. 15. HRA Loan Request HRA Executive Director Henricks explained that the request was for $100,000 for the purpose of paying for improvements to the new library. Questions were raised regarding whether the amount requested was adequate. Mr. Henricks explained that John Briscoe of Elm Park Limited had not yet paid the $100,000 owed to the City but there was language in place that guaranteed that payment. Mr. Henricks further stated that the HRA did not wish to borrow any additional funds at this time since there was a new business which was ready to join the Industrial Park and this would generate additional funds. Finance Director Henneke stated that the financing sources seemed to be in place. MOTION by Ristow, second by Gamer to approve the loan of $100,000 to the HRA. APIF, MOTION CARRIED. 16. Roundtable Councilmember Ristow informed the Council that the Empire Township Clerk wished to have the City Council attend a meeting on October 19, 1995 at 7:30 P.M. at the Dakota County Extension Office. Public Works Director Kaldunski gave a brief report on the Fall Clean Up Day. He commended the crew on the wonderful job they did. He proposed that the hours for the next Fall Clean Up Day may be shortened somewhat. 17. The Council adjourned into Executive Session to discuss the Spruce Street assessment proposal. 18. MOTION by Fitch, second by Gamer to adjourn at 10:30 P.M.. APIF, MOTION CARRIED. Submitted by, Karen Finstuen Interim City Administrator Approved