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HomeMy WebLinkAbout12.18.95 Council Minutes Uji; MINUTES COUNCIL MEETING REGULAR DECEMBER lS, 1995 1. Mayor Kuchera opened the meeting at 7:00 P.M.. Members Present: Kuchera, Galler, Ristow. Members Absent: Gamer, Fitch. 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 Galler to approve the agenda with the following changes: a) Remove item 5b - 1996 Non Union Salaries - from the agenda. b) Remove item Se - Municipal Services Rate Increases - from Consent for discussion. c) Remove item 5h - Payment #4 for Project 93-15 (Southeast Area Sanitary Sewer )- from Consent for Member Ristow's abstention. d) Remove item Sj - Capital Outlay Request for Engineering Total Station - from Consent for discussion. e) Remove item 50 - Annual Certification of Mileage - from the agenda. f) Remove item Sp - Final Payment for Automated Sideloading Solid Waste Vehicle - from the agenda. g) Remove item 5w - Annual City Engineer's School and Conference Request - from Consent for discussion. h) Remove item 7a - Housing Density Increase in Dakota County Estates 9th - from the agenda. i) Remove item Sa - Noise Control Ordinance - from the agenda. j) Add item Sb - Telecommunication Permitting Ordinance - to the Consent Agenda. k) Add setting a special meeting to receive progress report on hiring new City Administrator. 1) Add accepting the resignation of the Assistant City Engineer and advertising for the position. m) Add adopting a resolution approving the advertisement for bids for the City Hall remodeling project. n) Add appointing representative to the Empire/Farmington Joint Planning Board. 0) Add consideration of a request to withdraw an annexation petition. p) Add consideration of the Ristow easements. q) Add approval of rights of entry agreements for CSAH 50 project. r) Add Police Union negotiations to the executive session. APIF, MOTION CARRIED. 4. Citizen Comments Henry Iwerks: Verbalized his feelings regarding the need for the City to create a positive image and listed numerous occasions in which, in his opinion, this need was not met. He went on to remind the Council that they were elected to serve the community and he felt that this was not always the case. Council Minutes - 12/18/95 - Page 2 5. Parks and Recreation Director Bell presented background information regarding the necessary repairs to the Senior Center van and explained that the items which needed repair were not within the area of expertise of the City Mechanic. He further explained that the repairs (the lift and the door latch) were repaired by the mechanic for Marschall Bus Lines who was familiar with this type of work and that the repairs were necessary to receive State certification. He informed the Council that the Eagles Club has proposed to donate $1,600 to help defray the costs of the repairs and recommended the Council adopt a resolution accepting the donation. MOTION by Ristow, second by Kuchera to adopt RESOLUTION NO. R138-95 accepting the donation of $1,600 from the Eagles Club for repairs to the Senior Center Van. APIF, MOTION CARRIED. Staff was directed to send a letter to the Eagles Club thanking them for the generous donation and explaining the reasons the City Mechanic did not make the repairs. 6. Consent Agenda MOTION by Galler, second by Ristow to approve the Consent Agenda as follows: a) Approve minutes of November 29th (Special) and December 4th (Regular) b) Approve the selection of Malloy, Montague, Karnowski, Radosevich and Company to conduct the City's 1995 Financial Audit. c) Approve budget adjustments. d) Approve installation of "No Parking" signs in alley of St. Michael's Church. e) Approve final payment for Project 94-1 (Oak Street Improvements) to Arcon Construction in the amount of $35,767.69. f) Approve Payment #2 for Project 95-2 (Spruce Street Access/Area Utilities) to Ryan Contracting, Inc. for $87,658.05. g) Approve capital outlay request (Public Works Sewer Rodder) for $24,950.00 from Flexible Pipe Company and adopt RESOLUTION NO. R138a-95 approving 1995B Certificate of Indebtedness in the amount of $25,000 for 5 years at 5.5% interest from First National Bank of Farmington. h) Approve the Joint Powers Agreement with SKB Environmental for yard waste composting facility on pilot Knob Road. i) Adopt ORDINANCE NO. 095-365 relating to Emergency Vehicle Pre-Emption Traffic Signals. j) Approve grant application to MnDOT for a rail crossing safety barrier arm. k) Approve grant application to the DNR for $10,000 to fund the wetland/habitat plantings in Phase III of the prairie Waterway. 1) Adopt RESOLUTION NO. R139-95 ordering preparation of a feasibility study for Phase II and IV of the Farmington Industrial Park. m) Adopt RESOLUTION NO. R140-95 approving modifications to the 1995 CDBG Fund. n) Adopt RESOLUTION NO. R141-95 - an inducement resolution for use of industrial revenue bonds for Lexington Standard. 0) Adopt RESOLUTION NO. R142-95 approving the Joint Powers Agreement with Dakota County for 1996 Landfill Abatement funding. p) Approve the contract with Four Paws for animal control. q) Adopt ORDINANCE NO. 095-366 relating to telecommunication permitting process. r) Approve payment of the bills. APIF, MOTION CARRIED. Council Minutes - 12/18/95 - Page 3 ~~ ~J 7. Municipal Services Rate Increase Member Galler raised questions regarding the surcharge being added to the bill to fund sanitary sewer cleaning and the rise in solid waste rates. Councilmember Galler stated his feelings about the importance of getting solid waste operating in the black. Finance Director Henneke stated that the solid waste fund should be in the black by the end of 1996. Questions were raised as to how the City's solid waste rate compared with private companies. MOTION by Galler, second by Ristow to approve the rate increases for municipal services. APIF, MOTION CARRIED. 8. MOTION by Galler, second by Kuchera to approve payment #4 to Richard Knutson, Inc. for project 93-15 (Southeast Area Sanitary Sewer) in the amount of $38,423.33. VOTING FOR: Kuchera, Galler. ABSTAIN: Ristow. MOTION CARRIED. Councilmember Galler noted that this project had come in $100,000 under estimate. * 9. Engineering Total Station Member Ristow asked the City Attorney if it was legal to Measuring Systems even though it was not the lowest bid. that it was the lowest responsible bid in the opinion of therefore, it was legal to accept it. MOTION by Ristow, the purchase of an engineering total station from sokkia amount of $16,374.38. APIF, MOTION CARRIED. accept the bid from sokkia Attorney Grannis stated the City Engineer and, second by Galler to approve Measuring Systems in the 10. Mayor Kuchera opened the following public hearings scheduled for 7:30 P.M.: a. Consider Petitions for Annexation - Brekke and Schultz b. Consider Amending Subdivision Ordinance Relating to Tree Caliper c. Consider MUSA Expansion for prairie Creek Third Addition. The hearings were continued until later in the meeting. 11. Annual City Engineer's Conference City Engineer Kaldunski stated that he had pulled this item from the Consent Agenda because the Assistant City Engineer had resigned and, therefore, would not be included in the conference request. MOTION by Galler, second by Kuchera to approve the City Engineer's attendance at the Annual City Engineer's Conference. APIF, MOTION CARRIED. 12. Public Hearing - Brekke/Schultz Annexation Interim City Administrator Finstuen noted that the annexation petitions from the Joyce and Devere Brekke, and Jerry and Elaine Schultz were received too late to be included in the public hearing held on November 6, 1995 for annexation of properties along 213th Street in Empire Township. Member Ristow asked the City Attorney if it was necessary for him to remove himself from the Council table since he was a relative of one of the petitioners. Attorney Grannis responded that it would be best if he did. City Engineer Kaldunski restated the Water Board's policy that water -.~" _~.....~".(LlL~..:'!!!iIlfl.:,.;.:,.:'r<.. <'-'".-:'",.'. .1. ....'........ Council Minutes - 12/18/95 - Page 4 service should not be made available unless the properties were annexed, and that both properties now had water service available to them. There were no public comments. MOTION by Ristow, second by Galler to close the public hearing. APIF, MOTION CARRIED. MOTION by Galler, second by Kuchera to adopt ORDINANCE NO. 095-367 annexing properties owned by Joyce and Devere Brekke, and Jerry and Elaine Schultz from Empire Township to the City of Farmington. VOTING FOR: Kuchera, Galler. AGAINST: None. ABSTAIN: Ristow. MOTION CARRIED. * 13. Public Hearing - Amending Subdivision Ordinance Relating to Tree Caliper City Forester Tooker explained that the amendment was a housekeeping issue which came up when a developer raised the question as to where required 2" boulevard tree caliper was measured. After checking with local growers, it was determined that the industry standard was to measure caliper 6" above ground level. Member Ristow asked where the City currently measures tree caliper. Mr. Tooker responded that it varied due to the confusion regarding measurement in the current ordinance, which created a wide variety of tree sizes on the boulevards. There were no public comments. MOTION by Ristow, second by Galler to close the public hearing. APIF, MOTION CARRIED. MOTION by Ristow, second by Galler to adopt ORDINANCE NO. 095-368 amending the subdivision Ordinance by establishing 6" above ground level as the point at which boulevard tree caliper is to be measured. APIF, MOTION CARRIED. 14. public Hearing - MUSA Expansion for prairie Creek PUD City Planner ,Tooker explained that the developer of prairie Creek PUD was requesting a MUSA expansion of 17.6 acres in order to include all of the developable land in his PUD. prairie Creek Fourth Addition was proposed for development in the Spring of 1996 and additional MUSA was needed to complete that addition. Mr. Tooker noted that the PUD had been approved with the knowledge that all of the PUD was not within the MUSA limits and that the City had an obligation to request the MUSA expansion. He stated that the 7 acre ponding area (Lake Julia) which was currently in MUSA would be traded for land in the requested expansion area, making the net MUSA request 10.6 acres. Members Kuchera and Ristow raised questions regarding whether the Fourth Addition would raise the current level of Lake Julia. Mr. Tooker stated that the water levels would remain the same. There were no public comments. MOTION by Galler, second by Ristow to close the public hearing. APIF, MOTION CARRIED. MOTION by Ristow, second by Kuchera to adopt RESOLUTION NO. R143-95 approving MUSA expansion to include all of the remaining developable land within the prairie Creek PUD pending Metropolitan Council approval. APIF, MOTION CARRIED. 15. Mayor Kuchera welcomed the Boy Scouts who were in attendance at this evening's Council meeting and thanked them for their interest. 16. It was the consensus of staff to set a special meeting for Monday, January 29th at 7:00 P.M. to discuss railroad issues. Mayor Kuchera expressed his concerns with the safety issues raised when trains blocked railroad crossings for long periods of time. Member Galler suggested that staff invite Representative Luther and Senator Wellstone to the meeting since the Federal government regulates the railroads. Council Minutes - 12/18/95 Page 5 r;l"\-f " ~ ~ 17. It was the consensus of staff to set a special meeting for Tuesday, January 9th to receive a progress report from the Brimeyer Group on the search for a new City Administrator. 18. Assistant city Engineer Resignation City Engineer Kaldunski informed the Council that Assistant City Engineer Jay Kennedy had accepted a position with the City of Roseville. MOTION by Galler, second by Ristow to accept the resignation and authorize the advertisement for applications to fill the position. APIF, MOTION CARRIED. City Engineer stated that Mr. Kennedy had done a wonderful job for the City. The Council concurred. 19. MOTION by Galler, second by Kuchera to adopt RESOLUTION NO. R144-95 authorizing the advertisement for bids for the City Hall expansion/remodeling project (project No. 96-4). APIF, MOTION CARRIED. 20. MOTION by Kuchera, second by Galler to appoint Craig Schlawin to the Farmington/Empire Joint Planning Board. APIF, MOTION CARRIED. 21. Petition to Withdraw Annexation Petition Member Ristow stepped down from the Council table. City Attorney Grannis stated that the City had already adopted an ordinance annexing the Ristow property into the City, however, since the process had not been finalized, Mr. Ristow could still legally withdraw his petition. The Council would need to adopt an ordinance at the next Council meeting amending the previously adopted ordinance. MOTION by Galler, second by Kuchera to grant the Gerald Ristow request to withdraw his petition for annexation and to direct staff to prepare an ordinance for the next council meeting. VOTING FOR: Kuchera, Galler. AGAINST: None. ldS8W.ilTl Ri.s1l.lT. MOTION CARRIED. * * 22. Ristow Easement Agreement Member Ristow vacated his seat at the council table during the discussion. City Attorney Grannis stated that he had requested that this item be discussed. He explained that State Law does not allow a city to negotiate with a councilmember for easements, therefore, the acquisition must be done through eminent domain. He clarified that those involved in the Ristow easement acquisition were unaware of the law prohibiting negotiations. The City will now negotiate with Wausau for easements rather than Mr. Ristow. As a side note, Attorney Grannis stated that he had not hired an appraiser for this issue due to the change in negotiation status. MOTION by Galler, second by Kuchera to adopt RESOLUTION NO. R145-95 initiating eminent domain proceedings for easements on the Ristow property for project 93-15 (Southeast Area Sanitary Sewer). VOTING FOR: Kuchera, Galler. AGAINST: None. ~ST~IHI Rigt~ ~ Questions were raised regarding the lack of quorum due to Member Ristow's vacating his seat. Attorney Grannis stated he would research the issue and, if it was a lack of quorum, the issue would be voted on at the next regular meeting. * 23. Member Fitch arrived at 8:26 P.M.. .. ..-, ,_-"._,~r.._~.&,cft"I!J:ilI!I3I';."'. .._~.._-.. 2iJ2 Council Minutes - 12/18/95 - Page 6 24. MOTION by Kuchera, second by Galler to approve two right of entry agreements between the City and Dakota County for the CSAH 50 reconstruction project. APIF, MOTION CARRIED. 25. The Council took a five minute recess. 26. MOTION by Galler, second by Ristow to adjourn into executive session at 8:40 P.M.. APIF, MOTION CARRIED. 27. MOTION by Galler, second by Ristow to reopen the regular Council meeting at 9:17 P.M. to discuss the City snow plowing policy. Councilmember Galler stated that the supervisor needed to be made aware that the policy had not been followed. Public Works Director Kaldunski stated that the supervisor had discussed plowing in the areas by the schools, and on hills and curves. Member Galler questioned why streets with no occupied homes were plowed while entire subdivisions were left unplowed. Member Fitch stated that the TQM process allows people to "think on their feet". The Council commended the operator for the good snowplowing job done in Dakota County Estates. It was determined that the supervisor should make the decision, according to policy, when access routes were to be plowed, however, a question was raised that, since the supervisor plowed in town, it would be difficult for him to determine conditions in the country. The use of radio communication was necessary. It was noted that no preference was given to any area over another. It was the consensus of the Council that they would review the access routes and make any recommendations to the Public Works Director, and that the City snowplowing policy should be followed. The Public Works Director was directed to inform his snowplowing staff that public perception is to be considered the truth and that partiality would not be tolerated. 28. MOTION by Fitch, second by Galler to adjourn at 9:50 P.M.. APIF, MOTION CARRIED. Submitted by, Karen Finstuen Interim City Administrator Approved I -i)1 'VTt;.> 6.RC--- ",~.-", '5\ , \\A \'lv;'x,.>~) (., * - After being researched by the City Attorney, it was determined that these actions were not valid due to a lack of quorum and need to be placed on the next regular meeting agenda.