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HomeMy WebLinkAbout04.17.95 Council Minutes MINUTES COUNCIL MEETING REGULAR APRIL 17, 1995 1. Mayor Kuchera called the meeting to order at 7:00 P.M.. Members Present: Kuchera, Ristow, Gamer, Galler, Fitch. Members Absent: None. Also Present: Administrator Thompson, Attorney Grannis. 2. The Mayor led the Council and audience in the Pledge of Allegiance. 3. MOTION by Ristow, second by Gamer to approve the agenda with the following changes: a. Remove item sc - Clean Up Day Contract - from the agenda. b. Remove item Se - Ash Street Construction Agreement - from Consent for discussion. c. Remove item Sh - Recycling RFPs - from Consent for discussion with item 9b. d. Remove item si - SE Sanitary Sewer Change Order - from Consent for discussion. e. Remove item Sj - SE Storm Sewer Change Order - from Consent for discussion. f. Remove item Sm - Parks Utility Vehicle - from the agenda. g. Remove item 9c - private Solid Waste Haulers - Composting - from the agenda. h. Remove item ge - Recreation Vehicles - from the agenda. i. Remove item lOa - McCann Property Financing - from the agenda. j. Remove item lla - Restructuring the City Organization - from the agenda. k. Add Setting Workshop - Parks and Recreation matters. l. Remove item Sa - Approve Minutes - from Consent for discussion. m. Remove item Sg - Motor Grader Bids - from Consent for discussion. n. Remove item Sx - Polaroid Camera Purchase - from Consent for discussion. o. Remove item Ss - pine Knoll Assessment Interest (Doll) - from Consent for discussion. p. Remove item st - pine Knoll Assessment Interest (Peterson) - from Consent for discussion. APIF, MOTION CARRIED. 4. CItizen Comments Henry Iwerks indicated that the Council received too much paperwork and the City did not seem to get things done - animal control, solid waste, space needs, weed ordinance. S. Consent Agenda MOTION by Galler, second by Ristow to approve the Consent Agenda as follows: a. Adopt RESOLUTION NO. R46-95 approving an application for a grant from the Minnesota Historical Society for expansion of the HPC Context Study. b. Adopt RESOLUTION NO. R47-95 establishing development fees for GIS. c. Adopt RESOLUTION NO. R48-95 approving the 1995 Sidewalk Maintenance project and authorizing advertisement for bids. d. Receive update on County street projects. e. Approve annual maintenance agreement - City Hall HVAC. f. Set public hearing for May 1, 1995 at 7:30 P.M. to consider grading permit application for prairie Creek Third Addition. Council Minutes - 4/17/95 - Page 2 g. Proclaim April 29 thru May 7 as Archaeology Week. h. proclaim May 14 thru May 20 as National Preservation Week. i. Approve School/Conference Request - Firefighter II Classes. j. Adopt RESOLUTION NO. R49-95 approving gambling premise permits for the American Legion. k. Approve temporary 3.2 on sale license - Farmington Independent softball tournament. l. Approve recommendation to increase firefighter salaries. m. Approve hiring of full time police officer - Lee Hollatz. n. Approve School/Conference Request - State Fire School. o. Approve School/Conference Request - LP Burn at Fire Station. p. Approve driveway agreement - Oak Street - Project 94-1 - Lawrence Bixby. q. Approve payment of the bills. APIF, MOTION CARRIED. 6. Minutes MOTION by Ristow, second by Gamer to approve the minutes of April 3, 1995 with the change in Paragraph 22 - Ristow abstained; Gamer voted no. VOTING FOR: Ristow, Gamer, Kuchera, Galler. ABSTAIN: Fitch. MOTION CARRIED. 7. Ash Street Reconstruction Agreement (April 12, 1995 memo) It was recommended that the agreement be approved and that the utilities agreement be addressed in executive session. MOTION by Galler, second by Kuchera to approve the agreement with Dakota County as presented. APIF, MOTION CARRIED. 8. Purchase of Motor Grader (April 12, 1995 memo) Questions were raised relating to a buy back. City Attorney Grannis indicated that since Sweeney Brothers had not bid the buy back, they were not in compliance. Councilmember Ristow indicated that the $13,000 overrun could be financed through the delay in hiring the maintenance worker. It was recommended that the bids be referred to thi Finance Committee for the funding. 9. Mayor Kuchera opened a public hearing at 7:30 P.M. to consider the extension of services to the Budget Mart area and the Spruce Street Access. The hearing was continued until later in the evening. 10. MOTION by Galler, second by Kuchera to approve Change Order No. 2 - Project No. 93-15 - adding $4,460.00. VOTING FOR: Kuchera, Galler, Fitch. AGAINST: Gamer. ABSTAIN: Ristow. MOTION CARRIED. 11. MOTION by Galler, second by Kuchera to approve Change Order #1 - Project 93-14 - adding $12,660.00. VOTING FOR: Galler, Fitch, Kuchera. AGAINST: Gamer. ABSTAIN: Ristow. MOTION CARRIED. 12. Pine Knoll Assessment Interest Attorney Grannis indicated that previous requests had been turned down and such a request could open up future requests. Also, it appeared that the City may be violating the bond documents and the Attorney General's opinion indicated the City Council Minutes - 4/17/95 - Page 3 did not have the legal right to approve the requests. MOTION by Galler, second by Ristow to deny the requests. APIF, MOTION CARRIED. 13. Polaroid Camera Purchase (April 10, 1995 memo) A question was raised as to whether or not the City could take pictures of domestic abuse without the person's consent. Police Chief Siebenaler indicated that they could not. MOTION by Fitch, second by Ristow to approve the purchase of a Polaroid camera for $315.00. APIF, MOTION CARRIED. 14. MOTION by Ristow, second by Gamer to approve the minutes of the March 27, 1995 special meeting. APIF, MOTION CARRIED. 15. Public Hearing - Budget Mart Utilities/Spruce Street Access City Engineer Kaldunski provided an explanation of the Spruce Street Access project. QUESTIONS/COMMENTS em. Fitch: What about future traffic control? Eng. Kaldunski: That is up to MnDOT. Roger Shirley: A residential street is being converted to a collector. Would we be compensated? Atty. Grannis: I've never heard of that happening before. Roger Shirley: I would like to see Spruce Street remain blocked. em. Fitch: Are we locked into the Spruce Street crossing? Adm. Thompson: (Gave a background on phasing and public hearings.) Atty. Grannis: I don't believe we are locked into the crossing. Ed Nelson: Who's paying for the costs? Eng. Kaldunski: The developer is paying for a majority of the cost, with the City paying a small share. Dave Rasmussen: Spruce Street is a bad road already. The City isn't controlling the traffic on the road today. I'm opposed to opening up Spruce Street. Mary Rasmussen: Spruce Street is a beautiful street. What would the City do to compensate us? Pat Jay: I don't want anything done to my property (lives at 8th and Spruce Street) . Mary Rasmussen: I've read Spruce Street is being opened for businesses. Council Minutes - 4/17/95 - Page 4 Cm. Gamer: I've heard from business owners and citizens that they want Spruce Street closed and for the traffic to go down Elm Street. Cm. Fitch: We are only looking at opening Spruce to the east. Pete Luecke: What are you going to do with the water and traffic? Eng. Kaldunski: All catch basins have water ponding during heavy storms. Brad Johnson: Spruce is a residential street with kids. Cars are going 45 mph. Laura Adelmann: Who's going to pay for snow plowing in the TIF district? Adm. Thompson: The balance of tax payers will pay for plowing, which is a trade off for not paying for the drainage project. Henry Iwerks: It appears to be loud and clear that the people don't want the Spruce Street crossing. Ron Kinney: I'm opposed to the additional traffic. Mr. Switzer: We shouldn't have to pay assessments. Eng. Kaldunski: You won't be assessed. Discussion followed regarding financing in future plans and phasing of entrances. It was noted it was not planned to open Spruce Street to the west at this time. Dave Rasmussen: You should only have one main entrance and you should cut down on the number of vehicles crossing the City. Laura.Adelmann: Will the Spruce Street residents have to cover the maintenance financing of the TIF District? Cm. Galler: All residents in the City will have to pay. Cm. Ristow: Mr. Garvey contacted me indicating he was opposed to the crossing. City Engineer Kaldunski provided an explanation of the extension of City utility services to the 8th Street Budget Mart. Cm. Ristow: Why are vacant lots so expensive? Eng. Kaldunski: They presently don't have water services. Cm. Ristow: You're not putting in a new water main? Eng. Kaldunski: No, it's for stubout and water area charges. Council Minutes - 4/17/95 - Page 5 em. Fitch: How is it to be financed? Adm. Thompson: Through the sanitary sewer fund and water fund. If the project is ordered, hard figures would be presented. em. Fitch: Is there an expediency to this? Jerry Dietz: (Budget Mart). We are paying $3,000 per year to have our tanks pumped. There is little we can do with our property until we have sewer. Eng. Kaldunski: (Explained the phasing of the project.) We could get it to Budget Mart by Fall if ordered. Harris Thompson: The people were told the sewer was going to 20 years ago and, therefore, my service is stubbed to the front. Susan Poirot: I would rather see the sewer go in sooner than later. Harris Thompson: I am concerned about the price, but I want the sewer. em. Galler: Would the Budget Mart sewer be more or less expensive if it came in from the back? Eng. Kaldunski: That's difficult to say right now. MOTION by Ristow, second by Gamer to close the hearing. APIF, MOTION CARRIED. MOTION by Galler, second by Fitch to adopt RESOLUTION NO. R50-95 ordering the extension of services to Budget Mart and frontage road and directing the City Engineer to prepare the plans and specifications. VOTING FOR: Galler, Fitch, Gamer, Kuchera. ABSTAIN: Ristow. MOTION CARRIED. MOTION by Galler to adopt a resolution ordering the Spruce Street access and direc~ing the City Engineer to prepare plans and specifications. There was no seconJ. Councilmember Ristow suggested the Council recess until the Attorney determined the City's contractual obligation. The Council recessed for five minutes. Attorney Grannis indicated that the exhibit in the developer's agreement was incorrect and recommended a decision be postponed until staff could have the proper exhibit inserted in the developer's agreement. Councilmember Galler withdrew the original motion. MOTION by Galler, second by Kuchera to postpone a decision on the project until staff can clarify the correct exhibit with the developer. VOTING FOR: Galler, Fitch, Kuchera. AGAINST: Ristow, Gamer. MOTION CARRIED. 16. Animal Control in the Parks (4/6 and 4/10 memos) Councilmember Ristow suggested a "droppings" area be installed in the parks. A lengthy discussion followed regarding the level of current enforcement. It was agreed staff should publicize the problem and enforce the ordinance by complaint or visual. Council Minutes - 4/17/95 - Page 6 17. Southeast Sanitary Sewer Easements MOTION by Galler, second by Fitch to adopt the following resolutions accepting easements for the Southeast Sanitary Sewer: RESOLUTION NO. Rsl-9s - WAUSAU RESOLUTION NO. R52-9s - BORMANN RESOLUTION NO. R53-95 - PERKINS VOTING FOR: Fitch, Gamer, Kuchera, Galler, ABSTAIN: Ristow. MOTION CARRIED. 18. TH 3/Elm Street Drainage Update (April 13th memos) Councilmember Ristow vacated his chair for discussion on this topic. QUESTIONS/CONCERNS: MnDOT's share - $150,000 estimate. Estimated easement costs - $110,000. MOTION by Galler, second by Kuchera to ratify the concepts as approved. VOTING FOR: Gamer, Kuchera, Galler, Fitch. ABSTAIN: Ristow. MOTION CARRIED. 19. Solid Waste Recycling RFP (4/13 memo) and Financial Analysis (4/14 memo) QUESTIONS/CONCERNS a. Added cost for billing. b. City should own the containers. c. Recycling services should be revenue neutral. d. To be considered at the first meeting in June. e. Recommendation to approve a certificate of indebtedness. f. Notification to commercial and residential customers of Council's intent. Staff was directed to send out the RFPs. MOTION by Fitch, second by Kuchera to adopt RESOLdTION NO. R54-95 approving the 1995 Certificate of Indebtedness. APIF, MOTION CARRIED. 20. Council Initiatives - Assignments a. Joint Meetings - Councilmember Ristow. b. Notification Policy - Councilmember Galler. c. Newspaper Articles - Councilmember Fitch. d. Communication Programs - Councilmember Gamer. e. Neighborhood Meetings - Councilmember Fitch. f. Survey Residents/Option Finder - Councilmember Ristow. g. Respond to Survey Results - Councilmember Gamer. 21. Workshops a. Space Needs - June 6, 1995 at 7:00 P.M.. b. Parks and Recreation - April 24, 1995 at 7:00 P.M.. Council Minutes - 4/17/95 - Page 7 22. Roundtable a. LMC. b. Property Tax Freeze. c. "No Parking" on Elm Street - Staff to monitor where issue is with the County. d. Sump pump inspector was very professional. 23. MOTION by Galler, second by Ristow to adjourn into executive session. APIF, MOTION CARRIED. MOTION by Ristow, second by Fitch to adopt RESOLUTION NO. R55-95 directing Briggs and Morgan to draft a settlement offer to Castle Rock, Empire and the Dakota County Fair Board incorporating the concepts discussed during the executive session. APIF, MOTION CARRIED. 24. MOTION by Ristow, second by Fitch to adjourn at 12:20 P.M.. APIF, MOTION CARRIED. Respectfully submitted, Larry Thompson City Administrator Approved ~