HomeMy WebLinkAbout12.06.93 Council Minutes
199
MINUTES
COUNCIL MEETING
REGULAR
DECEMBER 6, 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 audience in the Pledge of Allegiance.
3. MOTION by Orr, second by Galler to approve the agenda with the
following changes:
a. Remove item 5g - 195th Street Extension project agreement.
b. Remove item 5p - 195th Street Project feasibility report.
c. Add Resolution Supporting Dakota County's efforts to secure
State bonding authority for a juvenile detention and treatment
.facility.
d. Remove item 5k - Fire Department By-Laws from the Consent
Agenda for general discussion.
e. Remove item 5d - Resolution accepting a donation from the
Consent Agenda for general discussion.
APIF, MOTION CARRIED.
4. Citizens Comments
a. The Council commended the groups that decorated the downtown.
5. Consent Agenda
MOTION by Rotty, second by Kuchera to approve the Consent Agenda as
follows:
a. Approve Minutes - November 8 - Special; November 15 - Regular;
November 22 - Special; November 29 - Special; November 30 -
Special.
b. Set a Public Hearing for December 20, 1993 at 7:30 P.M. to
consider ordinances zoning recently annexed property.
c. Approve Capital Outlay Request - Parks and Recreation - Snow
Plow
d. Adopt RESOLUTION NO. R138-93 accepting the feasibility
report/ordering Project No. 93-20 - Storm Drainage Control
Structures.
e. Approve updated Snow Plowing Policy.
f. Approve 1994 Consulting Engineering rates.
g. Accept resignation of Kim Trapp from HPC and appoint as Ex-
Officio.
h. Adopt ORDINANCE NO. 093-319 adding Architectural Designs and
Materials to the Zoning Ordinance.
i. Approve School/Conference Request - Public Works - State
Vehicle Inspection Certification.
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Council Minutes - 12/6/93 - Regular - Page 2
j. Approve Off Sale Beer Licenses and Gaming Devices:
- Budget Mart - 705 8th Street - Off Sale Beer
- Budget Mart - 18266 Pilot Knob Rd - Off Sale Beer
- Tom Thumb - 22280 Chippendale - Off Sale Beer
- Farmington Lanes - 27 5th Street - Gaming Devices
k. Approve request to hook into Justice Data Network.
1. Approve U.S. West Government Contract for cellular phone
service.
m. Approve roof repairs at City Hall and budget adjustment.
n. Approve emergency generator conversion at City Hall and budget
adjustment.
o. Approve School/Conference Request - Engineering - Digitized
Mapping
p. Approve Liquor Store opening on New Year's Day.
q. Approve Change Order #2/payment #1 - City Center/1st Street
Improvement - Adding $3,871.52 for additional water and sewer
connections and driveway entrance improvements - Payment of
$167,299.75 to Arcon Construction.
r. Approve Change Order #4/payment #2 - Dakota County Estates 8th
Addition - Adding $3,030.00 for additional concrete work;
Payment of $403,800.10 to Arcon Construction.
s. Approve Payment #1 - $380,000 to S.J. Louis Construction for
Project 93-7 -Riverside Addition.
t. Approve extension of lease agreement - Solid Waste shop.
u. Approve School/Conference Request - Fire Department - National
Fire Academy.
v. Approve payment of the bills as submitted.
APIF, MOTION CARRIED.
6. MOTION by Rotty, second by Orr to adopt RESOLUTION NO. R139-93
accepting a donation from the First United Presbyterian Church of
$40.00 for Rambling River Park. APIF, MOTION CARRIED.
7. Fire Department By-Laws. Councilmember Galler questioned the
Qualifications for Membership article relating to hiring guidelines
and requested the City Attorney review the criteria. Councilmember
Rotty indicated the changes should be denoted in the future.
Councilmember Orr suggested the Personnel Director review all
candidates to ensure legal requirements. The Council tabled the
matter pending legal review.
8. Billiard License Application. James Powell of Farmington
Billiards requested a reduction in the license fees based on
selected community fees. It was the consensus of the Council that
the Police Chief give his recommendation before acting on the
request.
9. Heritage Preservation Commission. Cheryl Thelen requested the
City apply for Certified Local Government Status and to apply for
matching grant funds. Ms. Thelen also requested that the HPC be
allowed to hire a historian to do a context survey. Administrative
Assistant Finstuen updated the Council on the status of the HPC and
clarified that the HPC was asking that $3,000 be allocated for
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Council Minutes - 12/6/93 - Regular - Page 3
matching funds. It was the consensus of the Council that it
approve the CLG tonight and to address the matching grant funds if
a grant is received. MOTION by Orr, second by Ristow to authorize
the HPC to pursue CLG status and to apply for matching grant funds
and that staff will identify funds if required for future action.
APIF, MOTION CARRIED.
10. Public Hearings
Mayor Kuchera opened the following public hearings at 7:30 P.M.:
a. Amend Sign Ordinance - Off Premise Directional Signs,
b. Amend Sign Ordinance - Nameplate Signs,
c. Amend Zoning Ordinance - Flood Plains,
d. Adopt Resolution Vacating Easement in Dakota County Estates
8th.
Off Premise Directional Siqns
Planner Tooker stated the Planning Commission had recommended the
ordinance be changed to eliminate annual permits. Councilmembers
Ristow and Rotty asked if this ordinance affected the bakery and
Ericksons and how it fits into temporary signs. Planner Tooker
stated those signs had no status under the code. Councilmember
Galler expressed concern over how "hardship" was defined. MOTION
by Orr, second by Rotty to close the hearing. APIF, MOTION
CARRIED. Councilmember Orr suggested that since the action
currently had no bearing on existing signs, the matter be discussed
in context with temporary signs. Councilmember Rotty stated that
this issue had been before the Planning Commission long before the
temporary signs became an issue and that the ordinance would be
considered along with temporary signs. MOTION by Orr, second by
Kuchera to adopt ORDINANCE NO. 093-320 amending the Sign Ordinance
relating to off premise directional signs as recommended by the
Planning Commission. APIF, MOTION CARRIED.
Siqn Ordinance - Nameolate Siqns
Planner Tooker explained the change was in response to a request to
install a sign for a conditional use in a residential neighborhood.
MOTION by Orr, second by Kuchera to close the hearing. APIF,
MOTION CARRIED. MOTION by Galler, second by Ristow to adopt
ORDINANCE NO. 093-321 amending the Sign Ordinance relating to
nameplate signs as recommended by the Planning Commission. APIF,
MOTION CARRIED.
Flood Plain Ordinance
Planner Tooker explained that this was recommended by the DNR to
comply with State regulations. Mr. Tooker explained that the first
ordinance dealt with the actual Flood Plain Ordinance and the
second ordinance dealt with sections of the existing code which
would need to reference the Flood Plain Ordinance.
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Council Minutes - 12/6/93 - Regular - Page 4
11. Mayor Kuchera opened a public hearing at 8:00 P.M. to consider
a massage therapist license. The hearing was continued until later
in the meeting.
12. Flood Plain Ordinance Public Hearing continued.
Comments:
Eng. Kaldunski: This ordinance compliments the
existing Wetlands Ordinance. I would
suggest that 10-2-2 (B) be changed to the map "dated 3/1/79 as
amended" .
MOTION by Rotty, second by Galler to adopt ORDINANCE 093-322 adding
Chapter 10 - Flood Plain Management - to Title 10 (Zoning) as
recommended by the Planning Commission with the abovementioned
change. APIF, MOTION CARRIED. MOTION by Orr, second by Galler to
adopt ORDINANCE 093-323 amending Title 10 by deleting existing
references to Flood Plain Management and referencing Flood Plain
Management in Titles 3-22-5, 3-24-5, 10-8-6, 10-6-1, 10-8-10,
10-8-11, and 10-8-12. APIF, MOTION CARRIED.
13. Dakota County Estates 8th Utility Easement Vacation Public
Hearing. Engineer Kaldunski indicated that with the platting of
Dakota County Estates 8th, the existing easement is not required.
MOTION by Rotty, second by Orr to close the public hearing. APIF,
MOTION CARRIED. MOTION by Ristow, second by Rotty to adopt
RESOLUTION NO. R140-93 vacating the easement in Dakota County
Estates 8th Addition as recommended. APIF, MOTION CARRIED.
14. Massage Therapist License - Leslie Pettis.
Questions were raised regarding the number of licenses. MOTION by
Orr, second by Kuchera to close the public hearing. APIF, MOTION
CARRIED. MOTION by Galler, second by Kuchera to approve the
massage therapist license of Leslie Pettis dba Rite Touch. APIF,
MOTION CARRIED.
15. Set Hearing for TIF District. MOTION by Orr, second by
Kuchera to set a public hearing for January 18, 1993 at 7:30 P.M.
to consider establishing a TIF District for Austin Products to
relocate in the Industrial Park. APIF, MOTION CARRIED.
16. Solid Waste Survey/Containers. Administrator Thompson
presented a survey from Decision Resources Ltd. noting that he did
not care to comment on the results without the executive summary.
Administrator Thompson recommended a workshop be held to discuss
Solid Waste issues. It was the consensus to meet on January 10,
1994 to discuss Solid Waste issues.
Council Minutes - 12/6/93 - Regular - Page 5
203
17. Public Works Lease (Memo dated December 2, 1993) Concern
was expressed regarding dipping into the 1994 Budget. It was the
consensus of the Council that the City not lease the space at this
time. Councilmember Rotty stated that employees and supervisors
should reach a consensus before researching matters and bringing
them before the Council.
18. MSA Designation (Memo dated December 2, 1993) MOTION by Orr,
second by Rotty to adopt RESOLUTION NO. R141-93 designating the
1994 MSA routes as recommended with the addition of the 190th
Street realignment. APIF, MOTION CARRIED.
19. Planning Commission Appeals Process. The City Administrator
gave an explanation, citing concerns over negotiations of possible
lawsuits. Councilmember Galler indicated he would not like to see
an automatic appeal and suggested written briefs to determine if
the Council would even hear the matter. Councilmember Orr stated
the individual should cite specifically where they felt wronged. A
lengthy discussion followed. Councilmember Rotty stated that he
had concerns regarding Councilmembers not being as well versed in
zoning laws as Planning Commission members. It was suggested that
the Council meet with the Planning Commission to discuss the matter
and inform the Planning Commission of the Council's discussion.
20. MOTION by Orr, second by Kuchera to accept Jeff Thelen's
resignation from the HRA. APIF, MOTION CARRIED.
21. MOTION by Kuchera, second by Orr to appoint Councilmember
Rotty to fill the vacant HRA seat. VOTING FOR: Orr, Kuchera,
Galler, Ristow. AGAINST: None. ABSTAIN: Rotty. MOTION CARRIED.
22. MOTION by Rotty, second by Galler to adopt RESOLUTION NO.
R142-93 adopting the 1994 Budget and Establishing the Tax Levy.
APIF, MOTION CARRIED.
23. MOTION by Orr, second by Kuchera to adopt RESOLUTION NO. R143-
93 supporting Dakota County's efforts to secure State Bonding
Authority for a Juvenile Detention and Treatment Center. APIF,
MOTION CARRIED.
24. Roundtable.
a. Upcoming Youth and Family Meeting on January 13, 1994 - Chris
Common.
b. Meeting with Dakota County staff regarding County access.
c. Councilmember Orr to address ministerial society on City
growth.
d. Meetings with Boards and Commissions on December 20, 1993 at
7:00 P.M..
e. Send notice in quarterly newsletter for Boards and Commissions.
f. HPC - review of permits.
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Council Minutes - 12/6/93 - Regular - Page 6
25. MOTION by Galler, second by Ristow to adjourn at 10:15 P.M..
APIF, MOTION CARRIED.
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Larry Thompson
City Administrator
Approved
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