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HomeMy WebLinkAbout04.03.89 Council Minutes MINUTES COUNCIL MEETING REGULAR APRIL 3, 1989 1. Mayor Kuchera called the meeting to order at 7:00 P.M. Members Present: Kuchera, Sprute, Mayer, McKnight. Members Absent: Galler. Also Present: Finance Director Henneke, Attorney Grannis. Councilmember Galler and Administrator Thompson attended a meeting at Dakota County which was being held during the same time period as the Council meeting. 2. MOTION by Sprute, second by McKnight to approve the agenda with the following changes: a. Remove item 11f - Approve payment of the bills from the consent agenda for general discussion. b. Move item 9d - Apparatus Purchase Update to be discussed after item 4. APIF, MOTION CARRIED. 3. MOTION by McKnight, second by Kuchera to approve the minutes of the March 15, 1989 Special meeting. APIF, MOTION CARRIED. 4. MOTION by Mayer, second by McKnight to approve the minutes of the March 20, 1989 Regular meeting. Voting for the motion: Mayer, McKnight, Kuchera. Voting against the motion: None. Abstaining: Sprute. MOTION CARRIED. 5. The Fire Department provided an update on the proposed 1989 tanker purchase. Fire Chief Kuchera stated that a committee was formed in October, 1987, to re- search the purchase of a tanker for the Fire Department. The specifications were just about complete. Assistant Chief Bob Curtis stated the tanker unit is a single unit tanker with a PTO pump. The minimum capacity being considered is 1,800 gallons which is the same capacity as the present tanker. The tanker will be an addition to the present fleet. There is adequate housing at the station even with the ALF Ambulance stationed there part time. The cost of the unit is between $80,000 and $110,000. The specifications will be ready for Council con- sideration in about 2-3 weeks. 6. The Council next considered a donation to the Boy Scouts. General Services Superintendent Kaldunski explained the Scouts participation in distributing the recycling containers. He recommended donating $150.00 to each troop. Finance Director Henneke read a statement prepared by Councilmember Galler stating that he had reservations about giving money to the Scouts because they should realize that community involvement is expected of them. Volunteerism cannot be promoted if everyone is expecting to be paid. City Attorney Grannis questioned the legality of the donation and it was determined to be illegal. To receive City funds the Boy Scouts would either have to be paid as temporary part time employees or contrac~ed to perform a certain task. Councilmember Sprute recommended in- viting the Troop Leaders to a Council meeting and giving the Scouts an award of appreciation. It was the consensus of the Council to delay doing anything until after the 90 gallon containers were distributed. 7. A 7:30 P.M., Mayor Kuchera opened the public hearing to consider the vacation of a utility/drainage easement in Fair Hills 4th Addition. There was no one present from the benefitted area. General Services Superintendent Kaldunski explained the need for the vacation. MOTION by Kuchera, second by Sprute to close the public hearing. APIF, MOTION CARRIED. MOTION by McKnight, second by Sprute to adopt RESOLUTION NO. R18a-89 authorizing the vacation of the easement contingent upon the approval of a subdivision waiver and dedication of a 10 foot drainage/utility easement along the new property line. Councilmember Sprute expressed a concern that he has not seen anything in writing requesting the vacation. Attorney Grannis stated that nothing can be done without the affected property owners requesting the subdivision waiver and providing the easement. APIF, MOTION CARRIED. 8. The Council next considered the diseased tree removal at 320 Maple Street. Councilmember Sprute vacated his seat as Councilmember in order to present this issue. General Services Superintendent Kaldunski reviewed his March 2, 1989 memorandum which outlined the events that took place from the initial tagging of the trees in question in 1985 to present time. The trees have been scheduled to be removed the week of April 3-7, 1989 unless the Council cancels that order at the meeting. Mr. Sprute stated that the removal of the diseased trees is not being disputed. He is not in favor of enforcement of diseased trees by complaint. Mr. Sprute disputed the General Services Superintendent's memo of March 2, 1989. He stated that he cut down seven trees in 1986 and the two trees standing at 320 Maple Street were not part of the original notice. The General Services Superintendent stated that Mr. Sprute previously used the same argument and the City did not pursue the matter. Mr. Sprute stated that the City did not enforce the issue until a complaint was received. He stated that he had concern about the condition of the trees in question and that both trees have been topped. Mr. Sprute reiterated that he has only been notified to remove seven trees. When the seven trees were removed he asked the City to remove the tree located in the alley (one of the trees in question) but it was never removed. The one next to the house had leaves and provided shade in 1988. When the weather permits he will remove both trees. General Services Superintendent Kaldunski made the following points: a. A diseased tree is one that shows signs of Dutch Elm Disease i.e. loss of bark or discoloration of leaves. The Diseased Tree Inspector is mandated by State and local laws to have diseased trees removed. The tree does not have to be dead. b. The City removes diseased trees and performs tree trimming duties during the winter as well as other times of the year. c. A complaint is the main means of enforcing the laws. Mr. Sprute made the following points: The City should be more consistent diseased tree notices. The notice ,Every other n.9tice was sent out in ; a ia.dd~r with' Enlow on the ground. a private citizen? b. Enforcement cannot be by complaint. a. in the timing of the issuance of was sent out in the middle of winter. the Spring or Fall. He cannot climb Is this harassment by the City or c. Complaints received by the City should not be verbal and the person being accused should know the identity of the person making the accusation. The person making the complaint should state how the situation is affecting him. Minutes 4/3/89 - Regular d. On February 20, 1989 he could not give a specific date to the General Services Superintendent because of possible weather conditions. Mr. Kaldunski was told that the tree would be removed when weather permits. e. An extension for the removal of the two trees is requested until the middle of June, 1989. Mayor Kuchera stated that he was hopeful this situation could have been worked out before coming to the Council table. The City cannot have two sets of rules. General Services Superintendent Kaldunski stated that if Mr. Sprute would have given a written statement that the trees would be down by a specific date, this issue would not be before the Council now. Councilmember Mayer asked General Services Superintendent Kaldunski why the notice was sent out in December, instead of Spring or Fall. Mr. Kaldunski stated that he was working on the 1988 Improvement Project during that time and that received priority ove! shade tree removals. He was addressing the diseased tree issue before the irate citizen issued the complaint. The trees were marked in November. MOTION by Kuchera, second by Mayer to give the property owner at 320 Maple Street until midnight on June 15, 1989 to remove the two trees marked for removal and to direct staff to establish a written complaint procedure. Councilmember Mayer stated he believes Mr. Sprute is being singled out by a complaint from an irate citizen. He believes extra time should be given to remove the tree. The same consideration would be given to any citizen. Complaints received from citizens should be in writing. Finance Director Henneke read a statement prepared by Councilmember Galler stating what the present policy is and that it is the Council's job to uphold and enforce the ordinances through- out Farmington. By not upholding the City's ordinances across the board, favoritism will be the only sign the public will see. The Council should not only obey the ordinances but be examples of the rules and regulations currently in place. APIF, MOTION CARRIED. Councilmember Sprute took his place at the Council table. 9. The City Council next discussed the reforestation program. General Services Superintendent Kaldunski stated he was asked by the developer of Dakota County Estates if they could receive some of the City's soft maples located at the old sewage treatment plant. The developer will hire a tree spade to move them and they would be planted on private property. MOTION by Mayer, second by Kuchera to offer the trees to the public as the City did previously and offer remaining trees to developers after the public has had the opportunity to participate in the program. APIF, MOTION CARRIED. 10. The Council next discussed the hazardous building located at 109 4th Street. MOTION by Sprute, second by McKnight to adopt RESOLUTION NO. R18-89 to authorize the City Attorney to begin the legal process to demolish the building and to direct staff to secure the building and secure quotations for the demolition of the building. APIF, MOTION CARRIED. 11. The Council discussed the sewer rates on metered accounts. Finance Director Henneke reviewed the analysis with the Council that established rates for metered accounts based on the rate charged to non-metered accounts. The City Administrator's memo to Council dated March 30, 1989 was discussed. Staff was directed to begin talks with Marigold. The Finance Director was directed to prepare a 5 year financial projection of the sewer fund. 12. General Services Superintendent Kaldunski outlined the 1989 Seal Coat Project to the Council. MOTION by Kuchera, second by Sprute to prepare the Plans and Specifications for the 1989 Seal Coat Project and to advertise for bids. APIF, MOTION CARRIED. Council Minutes - 4/3/89 - Regular 13. The Council next considered the feasibility report for the T.H. 50 Industrial Park Sanitary Sewer. General Services Superintendent Kaldunski presented the feasibility report to the Council. The area can be served, is within the MUSA boundaries, and the assessments are reasonable. The next step would be for Council to hold a public hearing. MOTION by Sprute, second by Mayer to adopt RESOLUTION NO. R19-89 setting a public hearing for 7:30 P.M., May 1, 1989 to discuss the T.H. 50 Industrial Park Sanitary Sewer. APIF, MOTION CARRIED . 14. MOTION by Sprute, second by Kuchera to approve the consent agenda except for the list of bills and Item 11f. APIF, MOTION CARRIED. ~ 15. Councilmember McKnight asked what the need was to subscribe to the National Rifleman's Association. After further discussion, MOTION by McKnight, second by Mayer to authorizsvthe e~enditur~ to ,the NRA. APIF, MOTION CARRIED. ~~~~Ii".~'~~ 16. MOTION by Sprute, second by Kuchera to authorize the school and conference request for the Elgin Sweeper School. APIF, MOTION CARRIED. 17. The following items were discussed by Council during the roundtable discussion: a. General Services Superintendent Kaldunski stated that a few of the City streets are in bad repair. Particular notice was given to Spruce Street between 4th and 5th Streets. The street is not part of the MSA route. The street could be put on the MSA Route but may not hold up long enough to do so. Councilmember Mayer stated that this issue should be placed on the next Council agenda. b. Councilmember McKnight stated that old cars have been parked in the swimming pool parking lot all winter. They should be removed. c. April 17, 1989 is the tax abatement meeting. d. Finance Director Henneke stated that City Administrator Thompson will be in Rippon, Wisconsin on AprilS, 1989. Rippon has an automated solid waste system like the one the City has on order. They are also looking into constructing a resource recovery facility very similar to the one Farmington is considering. e. Councilmember Mayer stated that Minneapolis has placed a ban on plastics effective in 1991. 18. MOTION by Mayer, second by Kuchera to adjourn at 10:15 P.M. APIF, MOTION CARRIED. Respectfully submitted, Gu'f~- + (1-'lf\ _ ~ 'vJdh ~