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HomeMy WebLinkAbout07.06.92 Council Minutes 0>)1 ~~0.1 MINUTES COUNCIL MEETING REGULAR JULY 6, 1992 1. Mayor Kuchera called the meeting to order at 7:00 P.M. Members Present: Kuchera, Mayer, Orr, Rotty, Galler. Members Absent: None. Also Present: Administrator Thompson, Attorney Harmeyer. 2. MOTION by Orr, second by Rotty to approve the agenda with the following changes: a. Remove item 11g - Equipment Purchase - from the agenda. b. Remove item 11h - Equipment Purchase - from the agenda. c. Remove item 11j - Equipment Purchase - from the agenda. d. Remove item 11r - Equipment Purchase - from the agenda. e. Remove item lId - FAA Agreement - from Consent Agenda for general discussion. f. Remove item 11n - Mandatory Garbage Exemptions - from Consent Agenda for general discussion. g. Remove item 11q - Parking Restrictions for Dakota County Fair - from Consent Agenda for general discussion. h. Add discussion of the annexation project. i. Add discussion of the Truth in Taxation hearing. j. Add discussion of the Farmington Preserve. k. Add discussion of the vacation of the alley between Ash and Hickory Street. I. Remove item 11m - Annexation - from the agenda. APIF, MOTION CARRIED. 3. MOTION by Kuchera, second by Galler to approve the minutes of the May 19, 1992 special meeting with the changes outlined in the Administrative Assistant's memo dated June 25, 1992 with the clarification that Councilmember Galler's comment was that the City could put its "efforts" rather than "money" into something else. VOTING FOR: Orr, Kuchera, Ratty, Galler. AGAINST: None. ABSTAIN: Mayer. MOTION CARRIED . 4. MOTION by Mayer, second by Orr to approve the minutes of the June 8, 1992 special meeting. VOTING FOR: Orr, Kuchera, Ratty, Galler. AGAINST: None. ABSTAIN: Mayer. MOTION CARRIED. 5. MOTION by Galler, second by Rotty to approve the minutes of the June 15, 1992 regular meeting. APIF, MOTION CARRIED. 6. MOTION by Orr, second by Kuchera to approve the minutes of the June 22, 1992 special meeting. APIF, MOTION CARRIED. 7. Various citizens on Pine Street came to express concerns regarding the driveways. The following items were addressed: a. Move Weierke driveway 3 feet to the west. b. Ditches constructed on north side are too deep and slope is too sharp. c. 18" culverts are too large. d. July 15, 1992 completion date. A lengthy discussion followed regarding raising grades, smaller culverts or flattening driveways. It was agreed that the City would wait until the July 15th deadline for completion to see how the project looked and to look at reducing the slope on the north side of the ditch. Council Minutes - 7/6/92 - Page 2 8. Mayor Kuchera opened the public hearing at 7:30 P.M. to consider the Mineral Extraction permit for Hoffbeck Trucking. The hearing was continued until later in the meeting. 9. Dick Orndorff expressed concerns regarding the damage done to the street in front of his house. Public Works Director Kaldunski stated the damage is on a punch list and will be corrected. 10. Mayor Kuchera opened a public hearing at 7:45 P.M. to consider the preliminary plat of Silver Springs 2nd Addition. The hearing was continued until later in the meeting. 11. Mayor Kuchera reopened the public hearing for a Mineral Extraction Permit for Hoffbeck Trucking. Discussion followed regarding exact location and haul routes. It was noted that a part of the hill would be removed. Councilmember Rotty expressed concern regarding mud ending up on TH 50. Public Works Director Kaldunski indicated it was the contractor's responsibility to clean and maintain the road. MOTION by Galler, second by Rotty to close the hearing. APIF, MOTION CARRIED. MOTION by Orr, second by Kuchera to approve the Hoffbeck Trucking Mineral Extraction Permit. APIF, MOTION CARRIED. 12. Mayor Kuchera reopened the public hearing to consider the Silver Springs 2nd Addition preliminary plat. Planner Tooker presented an overview of the 2nd Addition noting that it was identical to Phase II of the original proposal. Councilmember Rotty asked if grading was presently taking place on the 2nd Addition. Timothy Giles stated he was only stockpiling at this time. Mr. Giles noted that the parking for the Streets of Reality would be on the 2nd Addition. 13. Mayor Kuchera opened a public hearing at 8:00 P.M. to consider the grading and mineral extraction permit for the Seed property. The hearing was continued until later in the meeting. 14. The Silver Springs 2nd Addition public hearing continued. Emily Rahn: What are the contractor's hours of operation? Chief Siebenaler: There is no ordinance covering this issue. We have a gentlemens agreement that they don't start before 7:00 A.M.. Fair Hills Resident: Other cities have 7:00 A.M. until 7:00 P.M.. Cm. Galler: Tim Giles: Streets of Reality is only going to use 187th Street? Yes. Cm. Mayer: Tim Giles: Gm. Galler: How many models? 18. A "development board" should be used on this project. MOTION by Rotty, second by Orr to close the public hearing. APIF, MOTION CARRIED. MOTION by Rotty, second by Orr to direct staff to prepare a resolution approving the plat and a developers agreement. APIF, MOTION CARRIED. 15. Mayor Kuchera reopened the public hearing to consider the grading and mineral extraction permit for the Seed property. Public Works Director Kaldunski noted that the gravel was to be used for the construction of 195th Street. Wilbur Goetze: I would like to thank Mr. Kaldunski for informing me of this. There is a concern regarding replacement of excess fill and exact boundary of the borrow pit. We may need 20 to 30 additional feet. Council Minutes - 7/6/92 - Page 3 Cm. Galler: Would you like us to delay our decision? Wilbur Goetze: No. I think I can take care of it with the contractor. I just don't want the contractor to place excess materials where it will need to be moved again. MOTION by Galler, second by Orr to close the public hearing. APIF, MOTION CARRIED. MOTION by Orr, second by Galler to approve the permit contingent upon the contractor paying the permit fee and the contractor and owner agreeing on the disposition of excess fill. APIF, MOTION CARRIED. 16. The Council next considered exceptions to the mandatory garbage collection as outlined in the Administrator's memo dated July 2, 1992. Administrator Thompson stated that there would be more exemption requests coming to the Council. Council- members Galler, Rotty and Mayer stated the ordinance should be revisited. Various questions were raised regarding the City's solid waste system. It was noted that if the ordinance was amended to allow exemptions, a credit would be given on the next bill. Staff was directed to research the issue and report back at the July 20, 1992 meeting. 17. The Council next considered the resignation of Ken Meyer from the HRA. MOTION by Kuchera, second by Mayer to accept the resignation with regrets and to direct staff to prepare a commendation. APIF, MOTION CARRIED. 18. The Council next considered a replacement for Mr. Meyer. Councilmember Mayer noted that because of potential conflict of interest with the Elm Park project, there would be a lack of a quorum. Therefore, it was suggested a councilmember be appointed to fill the term on an interim basis. MOTION by Kuchera, second by Rotty to appoint Councilmember Orr to the HRA to fill the remainder of-Ken Meyer's seat. APIF, MOTION CARRIED. --+ ~n1~ U,I1/U a~ . 19. The Council next considered the possible vacation of Oak Street for the Elm Park Project 42 unit apartment building. A lengthy discussion followed regarding traffic flows and parking. MOTION by Galler, second by Orr to set a public hearing for August 3, 1992 at 8:15 P.M. to consider the vacation of a portion of Oak Street between 1st and 2nd Streets. APIF, MOTION CARRIED. 20. The Council next considered business regulations relating to billiard parlors. Planner Tooker noted the Planning Commission recommendation in its June 9, 1992 minutes. A lengthy discussion followed regarding the proposed billiard hall. It was the consensus of the Council that it concurred with the recommendation of the Planning Commission and that staff begin drafting an ordinance regulating billiard parlors. 21. The Council next considered a study proposal southeast of the Vermillion River as outlined in the Planner's June 24, 1992 memo. It was the consensus of the Council to proceed with the July 16, 1992 meeting. 22. The Council next considered the proposed dog ordinance presented by Chief Siebenaler. Questions were raised regarding enforcement and attrition, number of dogs allowed and puppies. Chief Siebenaler was directed to amend the ordinance to include a fee for additional dogs. 23. Chief Siebenaler presented a proposed parking ordinance for Council consideration. Chief Siebenaler explained that the ordinance would prohibit trucks and trailers from parking on the street between 2:00 A.M. and 5:00 A.M.. A lengthy discussion followed regarding the ordinance. MOTION by Galler, second by Orr to adopt ORDINANCE NO. 092-270 relating to on street parking of trailers and trucks. APIF, MOTION CARRIED . Council Minutes - 7/6/92 - Page 4 24. Public Works Director Kaldunski presented a proposed water utility ordinance relating to water meters. Councilmember Mayer expressed his opposition to the meters stating that the meters would not accomplish anything except generate additional revenues. Councilmember Mayer stated the money should be spent on some- thing useful such as a water tower. Water Board Member Marvin Wier stated the meters were to eliminate waste. Councilmember Orr stated Farmington would need meters sooner or later and that since Farmington was entering a growth phase, it was an opportune time to install the meters. Councilmember Mayer stated that he was in favor of conservation but felt meters would not conserve water. Councilmember Mayer asked several questions regarding the low bid on the meters which was rejected by the Water Board. Public Works Director Kaldunski and Mr. Wier stated the meter did not meet specifications. It was the consensus of the Council that the ordinance be tabled until the next regular meeting. 25. The Council next considered a request for the City to proceed with condemnation on 190th Street and to amend the resolution approving the plat of Nelsen Hills Farm and developers agreement by allowing the development to proceed without the developer securing the easement for 190th Street. Planner Tooker stated that it appeared the developer and property owner had reached an impasse. Mr. Tooker stated that if the Council agreed to condemnation, the developer's agreement should be amended to require the developer to post escrow for legal fees and estimated cost of the easement. Councilmember Mayer stated that he had met with the property owner and felt there was still room for negotiation. Councilmember Mayer also stated he saw car bodies sticking out of the ground. Craig Schlawin stated that he felt the developer has not negotiated in good faith and that the developer had not taken the initiative to contact them. It was the consensus of the Council that not enough negotiation had taken place at this time. Attorney Harmeyer was directed to send Heritage Development a letter stating that it should make a good faith effort to negotiate the easement by August 3, 1992 at which time the Council would decide whether or not to proceed with condemnation. MOTION by Galler, second by Orr to extend the deadline for filing the plat until August 3, 1992 contingent upon the developer submitting a written request for the extension and presenting a warranty deed for the Nelsen ponding easement. APIF, MOTION CARRIED. 26. Administrator Thompson presented an update on the low density housing ordinance, noting staff was looking at ordinances of surrounding townships and contacting the Metropolitan Council for its regulations. Councilmember Orr stated that staff had been given an assignment to develop a definition of low density housing and should expedite the matter. 27. The Council next considered a proposal by the Public Works Director relating to Solid Waste Personnel and Equipment. Mr. Kaldunski stated that he was basically asking for the interim foreman position to be changed to a permanent foreman position and a part time position to become a full time Solid Waste Operator II, and to use the 1992/1993 CIP purchases to be allocated to retrofitting the packer, a new packer chassis and a recycling truck. A lengthy discussion followed regarding the appointment of the Solid Waste Operator II position. MOTION by Mayer, second by Orr to approve the permanent foreman's position. APIF, MOTION CARRIED. 28. The Council directed staff to post and advertise the position. 29. MOTION by Galler, second by Orr for the Public Works Director to prepare plans and specifications for the equipment purchases. 30. It was the consensus to review the Solid Waste Operator II position in the 1993 Budget. Council Minutes - 7/6/92 - Page 5 ~; 31. MOTION by Orr, second by Rotty to approve the Consent Agenda as follows: a. Approve the budget adjustment and capital outlay request - Pagers - Fire Department. b. Adopt ORDINANCE NO. 092-271 amending Ordinance No. 092-265 relating to the Bung annexation. c. Adopt ORDINANCE NO. 092-272 annexing a parcel of land owned by Eugene Hildreth. d. Approve a capital outlay request - radios - Police Department. e. Approve Temporary 3.2 License - St. Michael's Octoberfest. f. Deny completion date extension for Project No. 91-10. g. Amend Dakota County Estates 7th Developer Agreement - Letter of Credit date. h. Direct staff to request VRWMC to proceed with Southeast Area Storm Sewer Project. i. Deny request for payment of fees - 310 Division Street. j. Set public hearing for July 20, 1992 at 7:30 P.M. to consider amending allowable street tree species ordinance. k. Approve payment of the bills as submitted. APIF, MOTION CARRIED. 32. Councilmember Galler presented a proposed overview of the upcoming truth in taxation meeting. No action was taken at this time. 33. The FAA agreement was briefly discussed. It was noted that the FAA engineers would meet with City staff to discuss the agreement. 34. The Council discussed the extension of the Fairground parking into Sunnyside Addition. Staff was directed to contact the County regarding the availability of signs. 35. Administrator Thompson noted that Empire Town Board had tentatively set a joint meeting on growth issues for August 26, 1992 at 7:30 P.M. with a site to be determined. 36. The Council instructed Attorney Harmeyer to serve the condemnation on Reisinger and Stegmaier properties. It was also noted that Mr. Malinski was about to sign a purchase agreement. 37. The Council directed the Police Department to continue writing citations on the Reisinger property. 38. The Public Works Director informed the Council that the City was bypassing the sewer lift in the Henderson Addition. 39. MOTION by Mayer, second by Orr to adjourn at 1:50 A.M.. APIF, MOTION CARRIED. Respectfully submitted, ~72 . . ~ Th:r::- City Administrator Approved %42 ~cM:J ~