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HomeMy WebLinkAbout08.19.96 Council Minutes COUNCIL MINUTES REGULAR AUGUST 19, 1996 1. Mayor Kuchera convened the meeting at 7:00 P.M.. Members Present: Kuchera, Fitch, Ristow, Gamer. Members Absent: Galler. Also Present: City Administrator Erar, Attorney Grannis. 2. Mayor Kuchera led the audience and Council in the Pledge of Allegiance. 3. MOTION by Ristow, second by Gamer to approve the agenda with the following changes: a) Remove item Sf - Approve Final Contractor Payment - Southeast Area Sanitary Sewer - from Consent Agenda for abstention. b) Remove item Si ~ Approve Emergency Evacuation Plan with Lapetite Academy - from Consent for discussion. c) Remove item 5k - Met Council Denial of City Grant Application - from Consent Agenda for discussion. APIF, MOTION CARRIED. 4. Citizen Comments Henry Iwerks - Asked if he would be allowed to speak on various topics which were on the agenda at the time they were being discussed by Council. 5. MOTION by Ristow, second by Gamer to approve the Consent Agenda as follows: a) Approve minutes of the August 5, 1996 regular Council meeting. b) Approve Renewal of Lease Agreement with ABH Properties for Solid Waste Garage c) Approve Solicitation of RFP's for City Auditing Firm d) Adopt RESOLUTION NO. R84-96 - Authorize Use of IRB for Duo Plastics e) Approve the Budget for Library and Idea School and Related Budget Adjustment f) Approve Continuation of City policy on Brush Removal on Private Property g> Acknowledge Update of Federal. Disaster Aid Request h) . 'Adopt RESOLUT:ION NO.. R85-96 - Authorize Signing of Development Agreement for Farmington Industrial Park 2nd Addition i) Adopt RESOLUTION NO. R86-96 - Accept Donation of Coffee Maker - Chris Galler j) Approve Hiring of Lisa Shadick as Assistant Liquor Operations Manager k) Approve School/Conference Request - LOGIS Windows NT - City Administrator l) Approve payment of the bills as submitted. APIF, MOTION CARR:IED. 6. Final Contract Payment - Southeast Area Sanitary Sewer Councilmember Ristow pulled this item from Consent in order to abstain from voting. MOTION by Fitch, second by Gamer to approve the final payment to Richard Knutson, Inc. in the amount of $47,479.30 for Project 94-15. VOTING FOR: Kuchera, Fitch, Gamer. AGAINST: None. ABSTAIN: Ristow. MOTION CARRIED. 7. Emergency Evacuation Plan Agreement with LaPetite Academy Member Ristow stated that he concurred with the agreement, however he wished to make certain that the same City facilities would be available to other daycare businesses within the City. Police Chief Siebenaler stated that if approached by other daycare businesses, and if those facilities met the terms of this agreement, they would be given the same access to City facilities. MOTION by Ristow, second by Gamer to approve the use of City facilities as emergency evacuation points for LaPetite Academy. APIF, MOTION CARRIED. 8. Metropolitan Council Environmental Services Denial of City Application for I/I Grant Councilmember Gamer asked whether the City would have the opportunity to apply again for the grant in the future. City Engineer Kaldunski stated that it was an annual program, the City had received the grant in the past, and would apply again. No action was required. 9. Award Towing Contract Police Chief Siebenaler explained the various factors which lead to his recommendation to award the City'S towing contract to Dakota County Towing, Inc. A lengthy discussion followed regarding the two companies which had submitted bids for the contract. Discussion centered around concerns regarding the distance of Dakota County Towing from the City and taking business away from a local business. City Attorney Grannis noted that since the Council had approved opening the contract for bids, they were obligated to award the bid to the lowest responsible bidder. The terms of the contract were also reviewed, particularly the 30 day termination clause and the ability of a contractor to request the contract be open for bids. Mayor Kuchera opened two public hearings scheduled for 7:30 P.M.. The hearings were continued until later in the meeting. MOTZON by Fitch, second by Kuchera to award the City's towing contract to Dakota County Towing, Inc. VOTING FOR: Kuchera, Fitch, Ristow. AGAINST: Gamer. MOTION CARRIED. Member Ristow qualified his vote by noting that if complaints ,were received about service provided by Dakota County Towing, the contract would be terminated using the 30 day notification clause. 10. Public Hearing - Amend Ordinance Related to Accessory Storage Buildings City Planner Tooker provided information regarding the proposed amendment, which eliminated the need for a conditional use for garages between 800 and 1000 square feet and increases the maximum height of storage sheds. He also informed Council that neither the Planning Commission nor staff recommend allowing the construction of an accessory building on lots without a principal use due to the possibility of the building becoming a business use in residential neighborhoods. Member Ristow asked whether this applied to lots which abutted a lot with a principal use. Mr. Tooker replied that it did. Member Fitch asked whether the size limit for detached garages referred to livable or ground floor square footage. Mr. Tooker stated it was livable square footage. Mr. Fitch asked if the conditional use process would allow a larger structure. Planner Tooker stated a variance would be required and the Planning Commission had indicated they would probably deny such a request. There were no public comments. MOTION by Gamer, second by Fitch to close the public hearing. APIF, MOTION CARRIED. MOTION by Gamer, second by Kuchera to adopt ORDINANCE NO. 096-378 amending Title 10, Chapter 3, Section 5 and Title 10, Chapter 6, Section 5 of the City Code increasing the permitted size of detached accessory structures to 800 to 1000 square feet and increasing the allowable height to 12 feet. APIF, MOTION CARRIED. Member Fitch thanked Staff and Commission members for their work on this issue. 11. Public Hearing - Industrial Park 2nd Addition - Award of Contract and Approving Bond Issue This item was divided into two topics of discussion. City Engineer Kaldunski presented information on bids received for the construction of infrastructure improvements. Arcon Construction Company submitted the lowest of the six bids received. Mr. Kaldunski noted that the bids received were significantly lower than estimates, that all alternate bids were rejected, and that sealcoating was included in the base bid. HRA Executive Director Henricks provided information regarding financing the project. Mr. Henricks stated he had discussed options with the City's financial advisor, Thomas Truszinski of Juran and Moody. An $850,000 bond would be issued with payments made over 15 years through assessments made by property owners. Mr. Truszinski was present to explain how the bond figure was determined. MOTION by Ristow, second by Gamer to close the public-hearing. APIF, MOTION CARRIED. MOTION by Gamer, second by Kuchera to adopt RESOLUTION NO. R87-96 accepting the bids and awarding the contract to Arcon Construction for Farmington Industrial Park 2nd Addition improvements. APIF, MOTION CARRIED. MOTION by Kuchera, second by Gamer to adopt RESOLUTION NO. R88-96 authorizing the presentation of the bond for bids contingent upon approval of the HRA. APIF, MOTION CARRIED. 12. Wausau Contaminated Soil Clean Up City Engineer Kaldunski notified Council that all of the soils involved had been treated and met MPCA requirements. 13. Exchange Bank Building Economic Development Director Henricks explained the request to use CDBG monies set aside to renovate the exterior of the building. If the monies are not used, the City would need to repay the funds to the Dakota County HRA. Interior renovations are to be completed by private parties. Mr. Henricks explained the steps which remained before actual renovation could begin. One of these steps was the preparation of plans and specifications to be submitted to the Minnesota Historical Society for approval. A portion of the CDBG monies would provide funding for this work. MOTION by Gamer, second by Fitch to adopt RESOLUTION NO. R89-96 approving the expenditure of $200,000 in CDBG funds for the renovation of the exterior of the Exchange Bank Building. APIF, MOTION CARRIED. 14. 1995 Audit Presentation Bill Lauer of Malloy, Karnowski, Montague and Radosevich, the City'S auditing firm, was in attendance to present the 1995 audit results. Mr. Lauer explained that the City's current growth had created large amounts of revenue in permits and assessments but has also created larger expenditures in City services. He stated that the fire hall renovation, city hall remodeling and annexation costs had contributed to the decline in the General Fund. City Ent.erprise Funds did very well overall and that the City had made progress in eliminating deficits and inactive funds. Mr. Lauer answered questions from Council and audience regarding his findings. No action was required. Council thanked Mr. Lauer for his presentation. 15. Southeast Area Resident Survey This item was tabled due to Councilmember Galler's absence. It will be placed on the September 3rd meeting agenda for discussion. 16. City Wide Survey Results Administrative Assistant Finstuen explained that a very small percentage of residents returned the survey, therefore, the results were inconclusive. Councilmembers were informed that the comments which were returned with the surveys were available for their review. No action was required. 17. Recycling Zoning Issue Planner Tooker explained that the Planning Commission will discuss this topic at their September 10th meeting. Mr. Tooker said current sentiment would place recycling activities in the industrial district. Public Works Director Kaldunski informed Council that the City'S code was set up to encourage recycling and that exemptions for recycling enterprises could be granted. The item will be placed on the September 16th Council agenda for further discussion. 18. NURP Pond Enhancement City Engineer Kaldunski presented information he had received from City engineering consultants at Bonestroo, Rosene and Anderlik regarding changing an existing dry NURP pond in Phase II of the prairie Waterway to a wet pond. This change would increase the amount of contaminant's removed from storm water prior to entering the Vermillion River. The current dry pond meets all pollution control requirements, therefore, since adequate funding to make the design change was not available, it was Council's consensus to make no changes to the existing NURP pond at this time. 19. Cat Ordinance Per Council direction, Police Chief Siebenaler had checked with surrounding communities regarding their cat control ordinances and had also checked the cost if an ordinance was enforced. It was estimated it would cost approximately $16,839 annually to enforce a cat control ordinance due to the limited number of cats which are claimed after being picked up. There were no funds budgeted for 1996 or 1997 to cover this cost. Mr. Gregg Joyce was in the audience to voice his concerns regarding cat owners' responsibility and the need for some type of ordinance to at least make people aware of their responsibility. The issue was tabled for further review. 20. Dakota County Land Use/Transportation Plan City Engineer Kaldunski reviewed various issues which were raised by the County's proposed plan. Mr. Kaldunski requested Council to provide direction on the policy issues so that City comments could be forwarded to the County prior to the County Board hearing. It was also noted that the City Development Committee had reviewed the issues. Council's consensus was to agree with staff recommendations direct staff to draft a letter to the County. 21. Ice Arena Proposal This item was presented for information only. It was noted that it was a very costly proposition and it would be difficult to guarantee the number of hours required. 22. County Road 31 Workshop Set for August 26 at 7:00 P.M. to discuss financing options. 23. Roundtable Member Pitch - Editorial regarding Executive Sessions which appeared in the Lakeville Life and Times. Attorney Grannis stated that, other than labor/personnel matters and those involving attorney/client privilege, there was no obligation to record any other type of meetings. Administrator Erar - CATV Joint Powers Agreement is moving forward. Mayor Kuchera - Volume and time length of train whistles. Police Chief Siebenaler noted that he had been trying to contact the appropriate persons at the railroad and had been informed that they were following federal regulations. 24. MOTION by Fitch, second by Gamer to adjourn at 11:30 P.M.. APIF, MOTION CARRIED . Submitted by, ~J---- Clerk Typist .~i