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Home My WebLink About11.01.93 Council Minutes 17 .r_ J MINUTES COUNCIL MEETING REGULAR NOVEMBER 1, 1993 1. Mayor Kuchera called the meeting to order at 7:00 P.M. Members Present: Kuchera, Ristow, Orr, Rotty, Galler. Members Absent: None. Also Present: Administrator Thompson, Attorney Harmeyer. 2. Mayor Kuchera led the Council and audience in the Pledge of Allegiance. 3. There was a moment of silence for former employee Don Dahl who recently passed away. 4. Approve Agenda. MOTION by Orr, second by Rotty to approve the agenda with the following changes: a. Remove item 5c - Public Works Ventilation - from Consent for general discussion. b. Remove item lOa - Administrator's Evaluation - from the agenda. c. Remove item 9a - Sanitary Sewer Facilities plan - from the agenda. d. Remove item 5j - prairie Waterway Design - from Consent for discussion. APIF, MOTION CARRIED. 5. CITIZENS COMMENTS. a. Greg Feely presented an $8,000 donation to the City on behalf of Farmington Youth Hockey Association for hockey boards. MOTION by Orr, second by Ristow to adopt RESOLUTION NO. R128a- 93 accepting a donation from Farmington Youth Hockey for hockey boards. APIF, MOTION CARRIED. b. Henry Iwerks warned the City to be aware of the City employees making policy. c. Mayor Kuchera recognized the Farmington Boy Scouts attending the meeting. d. Ken Hanson told the City Council as a point of information that the Police Department does deliver information to the Planning Commission. '1 /"'7<) _ '.t:.4 Council Minutes - 11/1/93 - Page 2 6. CONSENT AGENDA. MOTION by Galler, second by Orr to approve the Consent Agenda as follows: a. Approve minutes of October 18th regular and October 25th special meetings. b. Approve revised Final Payment - Project 92-7 - 4th Street Improvements - to Arcon Construction for $512.34. c. Set public hearing for November 15, 1993 at 7:30 P.M. to review Liquor and Therapeutic Massage licenses. d. Set public hearing for December 6, 1993 at 7:30 P.M. to consider the vacation of an easement in Dakota County Estates 8th Addition. e. Approve extension of completion deadline for Silver Springs 2nd Addition to December 1, 1993. f. Adopt RESOLUTION NO. R129-93 approving the Library Grant application. g. Approve ADA/TQM proposal with Dakota County Technical College. h. Adopt RESOLUTION NO. R130-93 authorizing a Metropolitan Council Loan application for Prairie Waterway Design. i. Approve payment of the bills as submitted. APIF, MOTION CARRIED. 7. Shop Ventilation. Public Works Director Kaldunski distributed a memo dated October 8, 1993 from the Fire Marshal. The following bids were presented: Firm Bid Alt. Bid Dayton's Bluff Sheet Metal Kuman Mechanical Faribo Air Conditioning Equipment Supply, Inc. Sauber Plumbing & Heating 19,425.00 20,000.00 20,974.00 21,320.00 21,500.00 4,775.00 5,500.00 4,526.00 7,100.00 6,500.00 Questions were raised regarding needs of employees, policy of the department regarding use of equipment, overdesign, future use of the shop, welfare of the employees. It was the consensus of the Council to table the matter until the next meeting for further review. 8. prairie Waterway Design Contract. Planner Tooker indicated the work had to be completed soon in order to be of use to the Engineer. 9. Mayor Kuchera opened a public hearing at 7:30 P.M. to consider the grading permit application for Akin Park 3rd Addition. The hearing was tabled until later in the meeting. 10. prairie Waterway Design Continued. Planner Tooker noted the developer had indicated he would pay $10,000 towards the study. MOTION by Galler, second by Orr to approve the agreement with Balmori Associates for the Prairie Waterway Design. APIF, MOTION CARRIED. .. ~7~ I . '.{ -'- 'J Council Minutes - 11/1/93 - Page 3 11. Grading per.mit Application for Akin Park 3rd Addition. Engineer Kaldunski noted that the hearing was not for platting but for grading only. Engineer Kaldunski presented an overview of the project, noting that the developer was hoping to get a headstart on the 3rd Addition. The following comments were heard: Ken Hanson: Are there going to be additional entrances. Eng. Kaldunski: Not onto #31. Most of the work will be contained on site. Cm. Rotty: Any City costs? Eng. Kaldunski: Only review costs, which are reimbursed. Cm. Rotty: Is there any liability to the City? Atty. Har.meyer: The surety will cover it. MOTION by Rotty, second by Ristow to close the hearing. APIF, MOTION CARRIED. MOTION by Orr, second by Kuchera to approve the permit contingent upon the developer submitting surety of $45,625.00. APIF, MOTION CARRIED. 12. Willard Barnett requested an exemption from the temporary sign ordinance. Mr. Barnett stated that he was singled out on this issue and it wasn't being enforced uniformly. A lengthy discussion followed regarding enforcement of the City ordinance. MOTION by Galler, second by Orr to deny the exemption. APIF, MOTION CARRIED. 13. The following upcoming meetings were noted: a. November 8, 1993 at 7:00 P.M. - Budget Workshop. b. November 22, 1993 at 7:00 P.M. - Budget Workshop. 14. Casey's Rezone from R-2 to B-1 (Northeast Corner of 3rd and Ash Streets). Administrator Thompson presented an update, noting the following: a. The Council is considering rezoning only. The Developer had indicated they would deal with the County on access and that no contingencies can be placed on the rezone. b. Concern by the County regarding driveway relocation (memos from County dated 9/29/93, 10/25/93 and 10/28/93). Again, the developer has indicated that they would deal with the County. c. A petition was presented opposing the development. d. The Council has the option of acting or setting a public hearing. 174 Council Minutes - 11/1/93 - Page 4 A lengthy discussion regarding the status of the driveway. A suggestion was made regarding a hold harmless from damages relating to the road access. A question was raised as to why this project was not being pushed as hard as the City Center. Planner Tooker indicated that the City Center was consistent with the Comprehensive Plan. Administrator Thompson added that the Council, Planning Commission and HRA had discussed the City Center during at least two workshops and staff was directed by the Council to seek a variance. There was also discussion relating to timing of the County Road 74 upgrade and required right of way. Engineer Kaldunski stated the upgrade of CR #74 which was scheduled for 1994 could require 17 feet of right of way from the site, and the City's share of the project would be 45%. Art Holmes requested that a public hearing be held to hear peoples' concerns. Councilmember Galler suggested the Council focus on the appropriateness of the land use as commercial. MOTION by Galler, second by Ristow to adopt ORDINANCE NO. 093-318 rezoning the aforementioned lot from R- 2 to B-1. Discussion followed regarding access to the property, impact on neighbors and County road needs. Administrator Thompson again cautioned that the question was rezoning and not the Casey's permlC, and that once rezoned, any permitted commercial use would be allowed. Councilmember Orr supported the use but wished the right of way needs could be taken into consideration. VOTING FOR: Galler, Ristow, Orr, Rotty. OPPOSED: Kuchera. MOTION CARRIED. 15. MOTION by Rotty, second by Galler to adopt RESOLUTION NO. R128-93 applying for a Clean Water Partnership Grant from the MPCA. APIF, MOTION CARRIED. 16. Roundtable: a. Meeting with Sienna on November 2,1993 at 8:30 A.M. 17. MOTION by Galler, second by Rotty to adjourn into executive session at 9:00 P.M.. APIF, MOTION CARRIED. 18. MOTION by Orr, second by Kuchera to adopt RESOLUTION NO. R131- 93 authorizing the Attorney to file for a court order to make the necessary environmental tests. VOTING FOR: Orr, Kuchera, Rotty, Galler. ABSTAIN: Ristow. MOTION CARRIED. 19. MOTION by Orr, second by Galler to adopt RESOLUTION NO. R132- 93 authorizing staff to take the necessary steps to acquire the easement for the southeast sanitary sewer project. VOTING FOR: Kuchera, Rotty, Galler, Orr. ABSTAIN: Ristow. MOTION CARRIED. 20. MOTION by Galler, second APIF, MOTION CARRIED. ~~t~ submitted, La:r-~hompsa City Administrator by Kuchera to adjourn at 10:40 P.M.. Approved n/;5/19 I j