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HomeMy WebLinkAbout05.19.97 Council Minutes COUNCIL MINUTES REGULAR. MAY 19, 1997 1. The meeting was called to order by Mayor Ristow at 7:00 PM. Members Present: Ristow, Cordes, Fitch, Gamer, Strachan. Members Absent: None. Also Present: City Administrator Erar, Attorney Grannis. 2. Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. MOTION by Gamer, second by Cordes to approve the agenda with the addition of supplemental materials for Item 6c (East Farmington Third Addition Preliminary and Final Plat), Item 6d (Award Larch Street Construction Contract) and removing Item 5b for clarification (Founders Festival Sponsorship). APIF, MOTION CARRIED. 4. Citizen Comments Henry Iwerks: Reminded audience of school board election on 5/20/97. Rumor has it that the Townships have contributed $250 to Founders Festival and the City has only contributed $50. Letters to citizens should be correct especially when they contain figures. Administration should be held accountable. 5. Consent Agenda MOTION by Gamer, second by Cordes to approve the Consent Agenda as follows: a) Approve the minutes - 5/5 Regular. b) Adopt RESOLUTION NO. R57-97 - Approve Pine Ridge Forest Final Plat. c) Approve Access Agreement with Frontier - Arena Team Room Construction. d) Approve Purchase of Squad Car. e) Receive Animal Licensing Update. t) Adopt RESOLUTION NO. R58-97 - Accept Minnesota Humanities Grant to Fund Living History Quilt Project at Senior Center. g) Approve School/Conference Request - Fire Department. h) Approve payment of bills as submitted. APIF, MOTION CARRIED. 6. Founders Festival Sponsorship Mayor Ristow pulled this item from Consent for clarification of the $300 level sponsorhsip. MOTION by Ristow, second by Gamer to contribute $300 to Founders Festival, and the six community dinner tickets be raffled off to City employees for $1/chance with the proceeds being donated back to the Founders Festival. APIF, MOTION CARRIED. 7. Public Hearing - Vacate Portion of Main Street & Alley - Eagles Club The proposed vacation is located in Block 25, Lots 1,2,3 and Block 28, Lot 6 where the Eagle's Club building is proposed. The vacation includes Main Street and the alley to the north. Planning Coordinator Smick informed the Council that she had just received the legal description for the preparation of the vacation process, and it needed to be reviewed. Therefore, she recommended that the public hearing be continued at the June 2, 1997 regular Council meeting. MOTION by Gamer, second by Strachan to continue the public hearing for the Main Street vacation on June 2, 1997 at 7:00 PM. APIF, MOTION CARRIED. 8. Henderson Area Storm Sewer Project 96-2 City Engineer Lee Mann explained that the project would address drainage and groundwater issues that have been identified in the 1993 Facilities Plan. Currently this area has no storm sewer, and large areas of overland flow and high groundwater. The lack of an adequate drainage system contributes to street deterioration and presents safety concerns with ponding and ice, especially at the low area on Hickory between 7th and 8th Street. The storm sewer would be constructed between 7th and 10th Street, generally along the alignment of Hickory Street. The estimated total project cost is $397,900. The City's share of the cost would be $239,200; $91,000 would be assessed; and MnDOT's estimated share, based on the drainage area of TH 3 benefiting from the improvements, comes to 18% or $67,500 of the total storm sewer cost. Per the City's assessment policy, 100% of the lateral storm sewer costs would be assessed against the benefiting properties. The estimated assessment for benefiting residential properties is $1,530 per buildable lot, and $6,570/acre for commercial property, multi-family property and MnDOT right of way. An appraiser determined that the proposed assessments are within the value increase. The costs would be assessed over a 10 or 15 year period with the City's share of the cost funded by the Storm Water Trunk Fund. The public commented: John Ristow, 913 9th St. - Regarding the ditch with standing water along Hwy 50, will anything be done about this problem? Engineer Mann - It is not included in this project, but will be addressed in the Ash Street improvement project. Harold Wieben, 805 9th St. - There is a manhole on the east side of Hickory and 10th Streets. It appears to flow east. Engineer Mann - We will investigate these observations. MnDOT is involved in the project. Bob Nerud, 1001 Ash St. - Will the pond by Townsedge shopping center stay a pond? Mann - Yes. Joy Eldred, 813 10th St. - Is any funding coming from the storm water utility fee that we pay quarterly? Finance Director Robin Roland - Yes, it will be used to pay the City's portion of the project. Joy Eldred - There is a holding pond/ditch just east of Henderson. What will become of that? Mann - It will be piped in a future phase of the Prairie Waterway. Bernice Ryan, 816th 8th St. - Why am I included in the project assessment boundaries? Mann - Your water, as shown on contour maps, drains into the proposed storm sewer. Linda Tabaka, 905 9th St. - What were the assessment figures again? Mann - $1,530 over 10 or 15 years depending on Council decision. Ten years at 7 1/2% interest would be $225/yr. and 15 years at 7 1/2 % would be $175/yr. Bob Nerud - What is a buildable lot? How is it defmed? Mann - If a lot is large enough to be split, then it would be considered two buildable lots. Phyllis Kirchner, 814 9th St. - Our run off at the townhomes comes from the shopping center. Is a catch basin proposed for the area between the townhomes just east of the shopping center? It would be a good place for a catch basin and would we be charged extra for it? Mann - A catch basin in this area could certainly be considered and your assessment would not be affected. Dick Treharne, Dental Health Center, 916 8th St. - If this does not go forward, how much longer will it be before anything will be done? We would like to improve our parking lot. Henry Iwerks, 1105 Sunnyside Dr. - Can assessment fees be negotiated? Mayor Ristow - You were involved in one last fall. Were you able to negotiate? Councilmember Gamer - Are we pulling water from TH 3 to the project? Mann - Yes, and MnDOT will participate in the costs. Gamer - Why are catch basins on 7th St.? Mann - They pick up run off from Ash St. Linda Tabaka - Will the roads be tom up and are the street repair costs part of the assessment? Mann - Yes. Everything will be restored to the original. None of the trunk costs are assessed. Dwight Tange, 800 8th St. - Our major run off is what comes from the shopping center. Your design won't change things the way they are now. John Ristow - Why weren't catch basins at 10th & Hickory assessed when they were installed? Administrator Erar - We have no information as to why. Perhaps it was a part of the Waterway project; most staff involved with that project is not here. We are adhering to current policy, however. Perhaps the cost was so minimal that it was not worth the expense. Harold Wieben - Put a catch basin at 10th & Hickory and go east and the problem is solved. Audrey Regenschied, 900 9th St. - Could a catch basin be added near the shopping center to collect water from the shopping center? Mann - Yes. The lowest point will be researched and whatever makes the most sense will be incorporated. Tange - Aren't there any other routes/options? Mann - This is the most economical and feasible plan. Councilmember Cordes - I have some concerns about certain lots as to whether they drain into this project area. Mann - Contour maps show it flows south. MOTION by Strachan, second by Fitch to continue the public hearing at the June 2nd Council meeting because of a typographical error. Corrected notices will be sent out in accordance with State Statutes. APIF, MOTION CARRIED. Mayor Ristow - Would like to see a formal evaluation because the cost is too high. It could be picked up with other improvement projects in the area. This will not benefit anything east ofTH 3. Counci/member Gamer - agrees that it does not need to be corrected all the way to 10th St. Counci/member Fitch - Do the citizens have a problem with the project? We should follow the policy when projects are initiated. This is consistent with policy. Wieben - the problem is between 7th & 8th Streets, not in the Henderson area. Joy Eldred - Henderson's water is not a problem any longer. It has been alleviated in the past couple years since the Waterway was installed. Mann - MnDot will not allow us to put run off in their ditch. Attorney Grannis - If this is not to go forward, you can stop it tonight or continue to June 2 and then make a decision. Wait till June 2nd to make a decision either way, thereby giving staff and Council more time to investigate. MOTION by Gamer, second by Fitch to set a public hearing on the Henderson Storm Sewer project with correction and clarifying information contained in the notice to insure that the statutory requirements ofMN Statute 429 are met. APIF, MOTION CARRIED. Both public hearings will run concurrently. 9. Public Hearing - East Farmington Third Addition Preliminary & Final Plat Planning Coordinator Lee Smick gave an overview of the Plat. It is located to the north and west of East Farmington fIrst Addition. The 36 acres will allow for 80 single-family lots ranging in size from 6,000 to 8,000 sq. ft. The plat follows the typical block and lot layouts found in East Farmington First and Second Additions. TraffIc flow is addressed in the Developer's Agreement. The following comments were made: Kevin Schonhardt, 1013 Walnut St. - Asked when more stop signs could be installed. TraffIc flow has worsened with the stop sign that was adde1,,>>@W''':CONSTRUCTION signs have not been installed. Kevin Hand, 509 10th St. - Hlfffsome concerns about the architectural diversity and involvement of the residents. Nancy Porter, 5091 Oth St. - Would like slower traffIc and crosswalks painted Developer Rod Hardy - The Developer retains the responsibility of handling these requests. Park equipment has been ordered, driveways are being monitored to meet the standards. Stop signs will be installed in key locations. He would like to meet with those interested in forming the Homeowners Association. MOTION by Gamer, second by Cordes to close the public hearing. APIF, MOTION CARRIED. MOTION by Gamer, second by Fitch to adopt RESOLUTION JiM!-97 approving East Farmington Third Addition Preliminary and Final Plat contingent upon approval the Engineering D.9'artment and subject to the execution a developer's agreement. APIF, MOTION CARRIED. K5'\-"..... 10. Award of Contract - Larch Street Improvement 97-6 City Engineer Lee Mann stated that the installation of the Larch Street Access Improvements is part of the developer's agreement between the City and Sienna Corporation for the East Farmington Development. Five bids were received and Ryan Contracting, Inc. submitted the low bid in the amount of$133,849.05. The total estimated cost of the project based on the low bid is $240,000. The City will be assessing 100% of the cost of the east frontage road and 50% of the median road improvements against the plat. The assessed amount will be bonded over a ten year period and the City's portion will be funded through the Road and Bridge fund. MOTION by Gamer, second by Strachan to adopt RESOLUTION R60-97, accepting the bids and awarding the contract to Ryan Contracting, Inc. APIF, MOTION CARRIED. 11. Elm Street Extension Feasibility Study, Project 97-15 City Engineer Lee Mann presented the feasibility report for the construction of an extension of Elm Street just east ofTH 3 and north of 9th Street. These street and utility improvements are necessary for the expansion of South Suburban Medical Center. The medical center would pay for all costs associated with the street and utility improvements and would waive their right to a public hearing regarding the assessment of costs for the project. The estimated total project cost is $308,600, not including the easement costs that may be incurred, which would be the responsibility of the medical center. Bryan Ordorff stated his concerns with the plan which now created traffIc in his back yard, as well as his front yard. Engineer Mann will look into the possibility of creating a berm or landscape screening on 9th Street. MOTION by Cordes, second by Gamer to adopt RESOLUTION R61-97 accepting the feasibility study and ordering the Elm Street Extension Project 97-15. APIF, MOTION CARRIED. 12. Akin Park Second Addition Storm Sewer Improvement City Engineer Lee Mann introduced the ongoing storm sewer issue in Akin Park Second Addition, specifIcally with the pond that lies on the northern boundary of the elementary school property and the residents that live along 193rd Street. Two storm sewer outlets discharge into swales midway between the homes and the pond. The swales have eroded and have become unsightly and difficult to maintain. The developer has agreed to regrade the swales to drain, sod the swales and remove the silt from the pond that has built up from erosion. A deadline of May 29, 1997 has been set. If the developer does not meet this deadline, the City will hire a contractor to perform this improvement and charge the developer. This restorative work would likely erode again unless a more permanent solution is undertaken. The existing pipes could be extended 50-60 feet and the swale rip-rapped for erosion control for an approximate cost of$14,700. Three options for funding were considered: 1) Residents could submit a signed petition requesting the improvement stating that they would pay for 100% of the costs and waive their rights to a public hearing and appeal. 2)Council could assess 35% of the cost which would be $5,510 and the City would pick up the balance of$9,550. This would require the full process set forth by MN Statute 429. 3) Council could pay for 100% of the cost using the Storm Water Trunk Fund. MOTION by Gamer, second by Strachan to have the City pay for 100% of the cost of improvements and adopt RESOLUTION R62-97 ordering the project. VOTING FOR: Ristow, Gamer, Cordes, Strachan. VOTING AGAINST: Fitch. 13. Akin Park Second Addition Bike Path Repair According to a memo outlined by Parks and Recreation Director Jim Bell, the bike path on 193rd Street, between 5410 residence and the new CR 31 alignment, is in need of repair due to home construction since the installation of the path. Improper installation could not be proven. The repairs include patching damaged portions, cutting out along driveways for a better transition, matting the entire length to remove as many low areas as possible and restoring adjacent property to original condition after the matting process. The funding of $4,880 will come from the Park Improvement Fund. Staff is reviewing policy with the PARAC to determine a solution to future problems of this nature. MOTION by Gamer, second by Fitch, directing staff to proceed with the repair of the trail after obtaining the necessary quotations. APIF, MOTION CARRIED. 14. Train Whistle Ban Administrator Erar provided the Council with his findings of the legal and public safety issues concerning a train whistle ban during the early morning hours of3:00 AM - 6:00 AM. Councilmember Gamer stated that the problem has lessened recently. Administrator Erar will contact Congressman Luther for assistance in this matter. 15. City/Township Recreational Programming Issues - Puppet Wagon Parks and Recreation Director Bell informed the Council that the PARAC approved a policy and fee for puppet wagon requests in neighboring townships. Terry Holmes of the Empire Town Board was contacted and agreed with the policy. MOTION by Gamer, second by Strachan to accept RESOLUTION R63-97 amending Resolution R8-97 (1997 Fees and Charges) by setting a fee of$100 for each puppet performance conducted in townships. APIF, MOTION CARRIED. 16. Emergency Vehicle Pre-emption on Signal at TH 3 and Ash Street, Project 97-03 City Engineer Lee Mann introduced plans for installing the Emergency Vehicle Pre-emption (EVP) system on the signal at Ash street and TH 3 as proposed in the 1997 Capital Improvement Plan. This project is being constructed under the MnDOT Metro Division Municipal Agreement Program which will provide for 75% of the EVP installation and 8% for construction engineering contingent upon being awarded before July 1, 1997. Estimated installation, engineering, legal, administration costs will total $27,500. MnDOT's share of this cost is $16,200; Municipal State Aid will fund $6,600, and the City's Road and Bridge fund will cover the remaining share of approximately $4,700. MOTION by Gamer, second by Cordes to adopt RESOLUTION R64-97 approving the plans and specifications and authorizing the advertisement for bids contingent upon the execution of the cooperative agreement. APIF, MOTION CARRIED. 17. Roundtable Councilmember Fitch: The efficient, friendly and smiling staff is to be complimented for ajob well done at the recent Clean Up Day. Mayor Ristow: Requested that residents' concern for railroad traffic blocking emergency vehicles be addressed in the City newsletter. - Welcomed a new business, New York Life Insurance, to the Industrial Park. - Public hearing for Main Street improvement is scheduled for May 27 at the Library. Resident on Echo Drive: Concerned about traffic being too fast on this street and wonders if something could be done about it. Administrator Erar: Fire Department sent two firefighters to Grand Forks to help flood victims. FEMA will pick up their living expenses. - The state legislature may go into special session since the tax bill-levy limitations have not been resolved. - The noise mitigation legislative ruling will exempt the County from adherence; the straightening of CR 31 can go forward. Community Development Director David Olson: The last meeting for overlay zone issue will be May 21, 1997 at 7:00 PM. MOTION by Fitch, second by Gamer to adjourn at 10: 10 PM. APIF, MOTION CARRIED. Submitted by, ~vM--St~JG tJ ~~~~:_~tanek Secretar j