HomeMy WebLinkAbout08.05.91 Council Minutes
91
MINUTES
COUNCIL MEETING
REGULAR
AUGUST 5, 1991
1. Mayor Kuchera called the meeting to order at 7:00 P.M..
Members Present: Kuchera, Mayer, Orr, Galler.
Members Absent: Derington.
Also Present: Administrator Thompson, Attorney Harmeyer.
2. MOTION by Orr, second by Galler to approve the agenda with the following changes:
a. Combine items 8c and 8e.
b. Remove item 8d - Elm Park Assessment Roll.
c. Remove item lIb - Recycling agreement from the agenda.
APIF, MOTION CARRIED.
3. MOTION by Orr, second by Galler to approve the minutes of the July 15, 1991
regular meeting. VOTING FOR: Orr, Kuchera, Galler. ABSTAIN: Mayer. MOTION
CARRIED .
4. MOTION by Galler, second by Orr to approve the minutes of the July 22, 1991
special meeting. APIF, MOTION CARRIED.
5. MOTION by Kuchera, second by Orr to approve the minutes of the July 25, 1991
special meeting. APIF, MOTION CARRIED.
6. Councilmember Derington arrived at 7:05 P.M.
7. Carol Bruno expressed dismay with the Council for banning parking during the
Fair. Ms. Bruno stated it would cause problems with her garage sale and that
owners with multiple vehicles had no place to park. Ms. Bruno understood nothing
could be done this year, but indicated that she planned to petition the neighborhood.
The Council agreed it would reconsider the matter in the future.
8. Mayor Kuchera opened a public hearing at 7:15 P.M. to consider a proposed
zoning amendment to allow TV and radio antennas as a conditional use in the F-3
Flood Zone. Administrator Thompson noted that in response to Council directive,
the Planning Commission recommended that no extraordinary notification be given
for such conditional uses. The following testimony was given:
Cm. Derington:
Adm. Thompson:
Can the City extend notification on its own?
Yes. The ordinance was proposed in response to a request
to install an antenna which subsequently was approved
in Empire Township.
Bob Stegmaier:
The permit requires Met Council approval and they have
tabled the matter.
If the permit has been granted, is the issue moot?
Other applications may come in. What if the application
was for the corner of a 240 acre parcel?
Adm. Thompson: The City can set the notification requirements as long
as it is at least 350'. The Council should be aware,
however, the Planning Commission sets and holds the hearings.
Cm. Mayer:
Cm. Orr:
Council Minutes - 8/5/91 - Page 2
Cm. Orr:
Att. Harmeyer:
Adm. Thompson:
Mayor Kuchera:
Adm. Thompson:
Can the ordinance have a prov1s1on that the Council set
notification requirements for antennas?
Yes, as long as it is consistent and reasonable.
It would cause delays in the permitting process.
Will antennas be allowed in any zone?
Only F-3.
MOTION by Galler, second by Orr to close the hearing. APIF, MOTION CARRIED.
9. Councilmember Mayer asked for clarification if there would be a distinction
between the F-1, F-2 and F-3 Zones. Administrator Thompson stated the Conditional
Use would only be allowed in F-3 zones. MOTION by Orr, second by Galler to adopt
ORDINANCE NO. 091-251 allowing TV and radio antennas as a conditional use in the
F-3 Zone with the stipulation that the Council set the notification requirements.
VOTING FOR: Galler, Mayer, Orr, Kuchera. AGAINST: Derington. MOTION CARRIED.
10. Mayor Kuchera opened a public hearing at 7:30 ~.M. to consider the Akin Road
Elementary School grading permit. City Engineer Kaldunski outlined the proposal
and offered various recommendations as noted in his August 1, 1991 memo. The
following testimony was given:
Eng. Kaldunski: There will be standing water and consideration has to
be given to expansion to the north in conjunction with
the Malinski property development.
Wayne Zellmer (SWCD):
Cm. Orr:
Eng. Kaldunski:
Cm. Orr:
Eng. Kaldunski:
Cm. Galler:
Wayne Zellmer:
Cm. Galler:
Att. Harmeyer:
Cm. Orr:
Jim Bell:
I have discussed the potential liability with Mike Schwanke
at ISD 192.
Will the project expand the pond capacity?
No.
Should it be expanded to the north at this time?
Mr. Malinski could probably do it cheaper by using scrapers.
Will it take care of the rut problems?
Yes.
Will the City have a liability?
No.
I am concerned with allowing plantings in the 10' buffer
zone to the north with pending expansion.
Put a condition in the permit addressing it.
Mayor Kuchera: How deep will the water be?
Wayne Zellmer: 3 feet. Maybe dry in July and August.
MOTION by Orr, second by Kuchera to close the hearing. APIF, MOTION CARRIED.
11. MOTION by Kuchera, second by Orr to grant the permit with the conditions
outlined in the City Engineer's August 1, 1991 memo and to notify the School District
that they should not plant in the 10 foot buffer because of future expansion.
APIF, MOTION CARRIED.
12. The Council next considered a petition for the City to accept permanent ownership
and maintenance on the private sewer line on the east side of 4th Street. City
Engineer Kaldunski stated the line required routine maintenance by the City.
Council Minutes - 8/5/91 - Page 3
93
Bill Klotz stated that because of the ongoing expense, the City should take over
ownership of the line. MOTION by Orr, second by Derington to accept the petition.
APIF, MOTION CARRIED. A lengthy discussion followed regarding the City assuming
responsibility. Administrator Thompson stated a precedent could be set taking
over the line and would change their assessment from 100% to 40% because sewer
would be available. Concern was also expressed regarding City liability if it
took over the sewer. It was the consensus that the sewer not be taken over at
this time, that the Council consider moving up 4th Street as a 1992 priority,
and to consider giving credits on the future assessment for maintenance.
13. The Council next considered a request by Solid Waste Coordinator Robert Williamson
to attend a conference as a speaker and for the Council to pay his air fare ($632.00)
as outlined in his August 2, 1991 memo. Mr. Williamson also updated the Council
on the weight based system. MOTION by Orr, second by Derington to approve the
air fare to Cincinnati. APIF, MOTION CARRIED.
14. MOTION by Galler, second by Kuchera to adopt ORDINANCE NO. 091-252 annexing
a portion of Section 30, Tl14, R19 from Empire Township to the City of Farmington.
(Parcel # 12-03000-040-82). APIF, MOTION CARRIED.
15. The Council next considered the Evergreen Knoll Park shelter. Park and Recreation
Director Bell indicated that the Chamber of Commerce Charitable Gambling Board
had reviewed the request and required a number of questions be answered. Mr. Bell
stated the Council should have an answer by early September. The Council tabled
the matter until the first meeting in September.
16. The Council next considered the contamination at the City garage. Engineer
Kaldunski noted the problems and the required remedial action as outlined in his
July 31st memo. A lengthy discussion followed regarding the cost of the consultant.
It was the cons~nsus of the Council that the work had to be done. MOTION by Orr,
second by Derington to approve the contract with Delta Environmental as outlined
in the Public Works Director's memo dated July 31, 1991. APIF, MOTION CARRIED.
17. Public Works Director Kaldunski presented the following bids on Project 91-11,
the Sidewalk Maintenance Project:
Firm
Bid
$ 11,575.00
12,117.00
16,345.00
M.T. Construction
Advanced Concrete
Sunrise Cement
MOTION by Kuchera, second by Orr to adopt RESOLUTION NO. R74-91 accepting the
bid of M.T. Construction in the amount of $11,575.00 and to approve Change Order
No. 1 adding $5,898.00. APIF, MOTION CARRIED.
18. The Council next considered the proposed MSA/FAD projects. It was the consensus
of the Council that staff pursue the following projects:
A. Essex Avenue right of way - MSA,
B. 208th Street - MSA,
C. 4th Street - FAD,
D. Traffic Lights - FAD,
E. TH #3 Storm Sewer Crossing - FAD.
The Council indicated that a special meeting would be held if changes needed to
be made.
24.
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Council Minutes - 8/5/91 - Page 4
19. MOTION by Orr, second by Mayer to adopt ORDINANCE NO. 091-253 relating to
odd/even winter parking restrictions. APIF, MOTION CARRIED.
20. MOTION by Orr, second by Kuchera to approve a Police Training Contract with
Dakota County Technical College per the July 10, 1991 Police Chief's memo. APIF,
MOTION CARRIED.
21. The Council next considered the authorization to prepare plans and specifications
for the purchase of a tractor/backhoe and tractor/flail mower as outlined in the
Public Works Director's memo dated August 2, 1991. Councilmember Mayer stated
he was opposed to the tractor/flail mower because the sickle bar mower had not
been evaluated. MOTION by Orr, second by Derington to approve the plans and specifi-
cations for a tractor backhoe and tractor/flail mower. VOTING FOR: Orr, Kuchera,
Derington, Galler. AGAINST: Mayer. MOTION CARRIED.
22. City Engineer Kaldunski presented the plans and specifications for the Middle
School Project, noting the following:
a. sanitary sewer,
b. water main loops,
c. storm sewer/ditch system,
d. street sections of 44' and 56',
e. sidewalk - 8' concrete south and 4' concrete north,
f. dewatering and permits,
g. river crossing and DNR permits for water main permits.
MOTION by Orr, second by Kuchera to adopt RESOLUTION NO. R75-91 approving the
plans and specifications and ordering the advertisement for bids for Project 91-10,
Middle School Improvement Project. APIF, MOTION CARRIED.
23. The Council next considered survey questions for the October billing. It
was the consensus of the Council that staff prepare questions and topics for the
next regular meeting.
MOTION by Orr, second by Mayer to approve the Consent Agenda as follows:
Adopt ORDINANCE NO. 091-254 amending the Reforestation Ordinance.
Approve school/conference request - Police.
Approve ORDINANCE NO. 091-255 amending the City Code relating to plumbing
and heating permits and approving RESOLUTION NO. R76-91 adopting appropriate
fees.
Approve school/conference request - Arena and Parks.
Approve annual deicing salt contract.
Approve capital outlay request - Arena - floor scrubber - $2,626.00.
Approve 1991 Budget Transfers.
Approve Uniform Agreement - Public Works '\f:"-'\\
Approve an Application for Gambling Premise Permit - St. ~chaef's Church.
Approve Temporary 3.2 On Sale License Applications.
Approve Capital Outlay Request - Fire Department - Radio - $715.00.
Amend Middle School Development Agreement.
Approve payment of the bills as submitted.
APIF, MOTION CARRIED.
* R'11- q ~
Council Minutes - 8/5/91 - Page 5
95
25. The following items were discussed during roundtable:
a. Uniform enforcement of Fairground Parking Restrictions.
b. Update on golf course - It was alright to charge developer for only used 2'
contours.
c. Alright to distribute unapproved minutes with disclaimer.
d. Review "Petition for Improvement" form.
26. MOTION by Mayer, second by Orr to adjourn at 10:55 P.M. APIF, MOTION CARRIED.
Respectfully submitted,
/~YLr'
~y Thomp on
City Administrator
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Approved
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