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HomeMy WebLinkAbout05.15.95 Council Minutes MINUTES COUNCIL MEETING REGULAR MAY 15, 1995 1. Mayor Kuchera called the meeting to order at 7:00 P.M. Members Present: Kuchera, Ristow, Gamer, Fitch. Members Absent: Galler. Also Present: Administrator Thompson, Attorney Grannis. 2. Mayor Kuchera led the Council and audience in the Pledge of Allegiance. 3. MOTION by Ristow, second by Fitch to approve the agenda with the following changes: a. Remove item 5g - Computer Training video - from the agenda. b. Add acceptance of Police Officer's resignation- hire replacement. c. Add Executive Session - annexation. d. Remove item Sa - Accept various easements/rights of entry - Southeast Area Sanitary Sewer project. e. Remove payment of the bills from the Consent Agenda for general discussion. f. Remove budget adjustment/capital outlay request for the building inspection vehicle from the Consent Agenda for general discussion. g. Remove item 5d - 1995 Seal Coat bids from the Consent Agenda for general discussion. h. Remove item 5h - JIT IDR Bonds from the Consent Agenda for general discussion. i. Remove item 51 - boulevard planting ordinance from the Consent Agenda for general discussion. j. Remove item 50 - capital outlay request for overhead doors at Fire Station from the Consent Agenda for general discussion. APIF, MOTION CARRIED. 4. Citizen Comments Bill Terpening - Is unhappy with response from engineering regarding cracks in pine Knoll curb and gutter, and feels that it should be fixed correctly. Engineer Kaldunski indicated that he felt the curb should be replaced. 5. Consent Agenda MOTION by Ristow, second by Gamer to approve the Consent Agenda as follows: a. Approve minutes - May 1, 1995 regular meeting. b. Adopt RESOLUTION NO. R58-95 accepting bids/awarding contract for 1995 Sidewalk Maintenance Project to West Star Curb and Concrete, Inc. in the amount of $7,795.00. c. Approve Payment No.4 - Oak Street Improvement (Project 94-1) to Arcon Construction in the amount of $45,115.34. d. Receive preliminary report for Sump Pump Inspection Program Phase III and approve partial payment in the amount of $17,822.00 to Buchen Environmental. Council Minutes - 5/15/95 - Page 2 e. Approve permanent road restriction waiver to Harris Thompson. f. Approve memorandum of understanding and intent with the City of Lakeville for a bandshell. g. Approve appliance recycling agreements for Spring Clean Up Day with JR's Appliance Disposal, Inc. and Landfill Recovery Resources, Inc. h. Accept arbitrator's award - Police Officer's Labor Agreement per the May 9, 1995 memo. i. Approve Form Letter for Requests to Council. APIF, MOTION CARRIED. 6. Building Inspection Vehicle Per recommendation of the City Attorney, the bid should be awarded to Tisdall Motors because it was the lowest bid. MOTION by Ristow, second by Gamer to approve the capital outlay request for the purchase of a building inspection vehicle from Tisdall Motors in the amount of $16,S21.68, plus tax, and to approve the budget adjustment. APIF, MOTION CARRIED. 7. 1995 Seal Coat Questions regarding the timing of the assessment hearing and actual seal coating and moving the project up to an earlier date. MOTION by Fitch, second by Kuchera to adopt RESOLUTION NO. R59-95 awarding the bid to Caldwell Asphalt for the 1995 Seal Coat Project in the amount of $42,216.95. APIF, MOTION CARRIED. S. JIT Industrial Revenue Bonds Councilmember Fitch noted that the proposed bonds were not an obligation of the City. MOTION by Fitch, second by Gamer to adopt RESOLUTION NO. R60-95 giving preliminary approval to a project and its financing under the Minnesota Municipal Industrial Act. APIF, MOTION CARRIED. 9. Boulevard Ordinance Questions regarding setbacks and reasons for not allowing decorative rock or tree bark were raised. MOTION by Ristow, second by Kuchera to adopt ORDINANCE NO. 095-354 amending Title S, Chapter 1 by adding Subsection 5 - Boulevard Improvements - as presented with the addition of decorative rock and tree bark as allowable improvements. APIF, MOTION CARRIED. 10. Fire Hall Garage Doors A question was raised as to whether sales tax was included in the low bid. MOTION by Fitch, second by Gamer to approve the capital outlay request for overhead garage doors at the Fire Hall from Crawford Garage Door Company for $3,900.00. APIF, MOTION CARRIED. Council Minutes - 5/15/95 - Page 3 11. Payment of the Bills MOTION by Gamer, second by Fitch to accept the bills as presented. VOTING FOR: Kuchera, Fitch, Gamer. ABSTAIN: Ristow. MOTION CARRIED. 12. Deer Meadow PUD Public Hearing Mayor Kuchera opened a public hearing at 7:30 P.M. to consider the proposed PUD for Deer Meadow. Planner Tooker presented an overview of the plat as noted in the May 9, 1995 Planning Commission Agenda Report. Mr. Tooker noted: a. location, b. lot size, c. Euclid Path access, d. ponding, e. south boundary dispute, f. proposal is in PUD Schematic form at this time, g. PARAC recommended cash in lieu of land and that one half of the cash be used to upgrade Hill Dee park. Questions/Comments em. Ristow: Explain the triangular piece of property acquired by the City for Terra. Planner Tooker: The triangular piece blocked the access to Terra from Hill Dee. em. Ristow: A house would need to be purchased by the City? Planner Tooker: The Planning Commission recommended that the developer acquire the house. Dennis Kies: Was mailed notice supposed to be given for the Council hearing? Atty. Grannis: The City should attempt to give mailed notice per law. Planner Tooker: I felt a second notice should not have been mailed. perhaps it was bad judgment. Adm. Thompson: The City is not required by ordinance or state law to give mailed notice for the Council hearing because it is discretionary. Dennis Kies: There is a dispute regarding the property line. John Bakke: I was one of the original owners who brought suit over the property line and the fence location. We have a quit claim deed from Gene Harris (original property owner of Deer Meadow) . em. Ristow: The Planning Commission recommendation is that the boundary dispute be cleared. Council Minutes - 5/15/95 - Page 4 Dan Westergren: (Project Surveyor) The double line is shown on the GIS map and is pictorial only. It is not intended for surveying purposes. Tim Giles: (Developer) this time. Everything is in the preliminary stage at It is not my intent to take anyone's property. Jon Carpentier: Is the second access by the cuI de sac? Planner Tooker: No. Jon Carpentier: Is the property discrepancy all along the south side of the plat? John Bakke: It was resolved through Lot 15. Eng. Kaldunski: It is planned to loop the water in your vicinity (Joe Carpentier) . Jon Carpentier: The speed limit should not be set at 35 miles per hour. Eng. Kaldunski: This is the design speed. The official speed limit is 30 miles per hour. Larry McCormick: Will they put a stop sign on Euclid and Upper 182nd? Could you put a stop sign on CSAH 31 and Upper 1S2nd Street? Eng. Kaldunski: (Gave an update on upgrade of CSAH 31). I would request that Euclid Avenue be fully improved but no assessments against the property owners. Planner Tooker: Property owners will not be assessed. Pat McCormick: Will our taxes go up if our lot is changed from an interior to a corner lot? Dennis Kies: will my property assessments go up if my lot changes from an interior lot to a corner lot? Adm. Thompson: The County sets the market value. You would not be assessed more for a corner lot. Jean Bakke: Why are we turning a busy neighborhood and park into a busier area? Why not just use the one access? Planner Tooker: City policy requires two accesses. The County would not allow the second access on County Road 31. It is a public safety issue. Jean Bakke: The purpose is to get people onto County 31? Council Minutes - 5/15/95 - Page 5 Planner Tooker: The purpose is to allow interior travel between the subdivisions. Ann Mikiska: A stop light 180th and 31 would be helpful. Jon Carpentier: When is the north/south collector street going to be installed west of Deer Meadow? Planner Tooker: Not for fifteen or twenty years. ?: What are Lakeville's plans to the north? Planner Tooker: They are looking at a collector street north of Deer Meadow. ?: Akin Park Estates only has one access. Brad Kuehn: Why do you want this development? You will just have to build more schools. em. Ristow: I hear what you are saying, but the developer also has rights. Mark Peterson: My house is proposed to be taken out. What is going to happen? Tim Giles: It is not my idea to take the house. I haven't contacted you because I feel it is the City's responsibility to acquire the property. What guidelines will the City set on negotiations? em. Ristow: Fair market value. em. Fitch: I will not favor eminent domain for a private development. Tim Giles: I'm correcting a problem that should have been taken care of years ago. em. Fitch: Without your development there would be no access problem. John Bakke: Would the City back off from Euclid? You've done it before. Bob Wiegert: the property that ability. (Project Engineer) You are putting the developer in a difficult position. You have the ability to acquire at fair market value through eminent domain. The developer does not have Somewhere the Council should set guidelines for acquiring. Jean Bakke: If someone wants a high buck development, the developer might want one access. Would you turn them away? em. Ristow: It is a safety issue. ....'~..-::'f"7""'.."""T'"'.;"TT-.:~.:. ""::"-..-~, - Council Minutes - 5/15/95 - Page 6 Mark Langer: I am totally opposed to the City purchasing the property. The taxpayers should not have to pay for it. Brian Hanson: The subdivision could be stubbed to the north through Lakeville. Also, I don't see why the developer should have to install the road. Tim Giles: What if we put in a ten foot walking path and open it for emergency vehicles? Eng. Kaldunski: It would be difficult to maintain in the winter. Tim Giles: I would like a time limit placed on the acquisition of the property. Larry McCormick: I realize children need parks. What are you doing with Dakota County Estates parks kids? Hill Dee is going to be a highly used park. ? : If we close the hearing, where do we go? Adm. Thompson: The formal process closes, but you can still approach the Council individually. Mayor Kuchera: I see a lot of problems that I don't think we can solve and decide on this evening. Adm. Thompson: Generally, the Council directs staff to prepare an ordinance based on the consensus of the Council. Tim Giles: I would like a time line placed on the acquisition of the house. em. Fitch: I'm not sure if the road is going to be required at this time, so I would like the matter tabled. Jon Carpentier: I don't think anything should be settled until the lot lines are straightened out. em. Ristow: I don't think the developer would survey the property until the Council gives approval of the PUD. Adm. Thompson: The second access is important. At a minimum, the City should require the developer to stub Euclid Avenue. Mayor Kuchera: How much are park dedication fees? Adm. Thompson: Approximately $42,000. P&R Dir. Bell: Twenty percent has to go to trails. ~l Council Minutes - 5/15/95 - Page 7 Brian Hanson: Why not develop a park in Deer Meadow? P&R Dir. Bell: Park policy and City ordinances would not allow it. (A lengthy discussion followed regarding the extension of Euclid Path.) Ms. Bakke: Mr. Giles offered an option of a walkway instead of a street. Dennis Kies: I would be opposed to a walking path. Ms. Bakke: Dedicate a park in Deer Meadow but don't develop it. Planner Tooker: The PARAC doesn't want parks within a half mile radius. Adm. Thompson: and without Euclid. I would recommend closing the hearing and directing staff to prepare two ordinances approving the PUD with Mr. Bakke: No one is really opposed to the PUD, it's just Euclid that is up in the air. MOTION MOTION the Deer CARRIED. by Ristow, second by Fitch to close the public hearing. APIF, MOTION CARRIED. by Kuchera, second by Gamer to direct staff to prepare two ordinances approving Meadow PUD; one with the Euclid connection and one without. APIF, MOTION 13. Senior Center Petition (Memo dated May 10, 1995) It was the consensus that the Council was not in favor of closing the Senior Center. MOTION by Ristow, second by Kuchera to accept the petition. APIF, MOTION CARRIED. 14. East Farmington/Spruce Street (Councilmember Fitch vacated his seat.) It was the recommendation of Administrator Thompson to approve the developer's agreement. Questions/Comments a. Does Spruce Street have to be opened to the west. conceptual at this time.) (Not at this time. It is only b. What does the developer's agreement require? Spruce Street access to the east (100\ assessed) and median (50\ assessed) . c. Can the median be eliminated? (The contract requires the median improvements. It's needed for access for southbound traffic.) d. Can we be sued? We have a developer's agreement. If there is a breach, there is a potential for a lawsuit. e. Would it stop the development? Maybe not. Council Minutes - 5/15/95 - Page 8 f. why is Spruce Street the main entrance? (To link up with a major east/west boulevard.) Councilmember Ristow indicated he was opposed to the median crossing. A lengthy discussion followed regarding the median. MOTION by Kuchera, second by Gamer that staff and one councilmember meet with the Developer and MnDOT to discuss eliminating or reducing the median. APIF, MOTION CARRIED. Councilmember Fitch returned to the table. 15. ISTS Inspection Program (April 25, 1995 meeting) MOTION by Kuchera, second by Gamer to approve the ISTS letter and pumping log as to form. APIF, MOTION CARRIED. 16. pine Street Improvements - Marigold Foods Engineer Kaldunski provided an explanation of the project. Questions/Comments a. The railroad property should be clarified. b. It is not in the CIP. c. Marigold would like the improvement in 1995 or 1996. MOTION by Ristow, second by Gamer to adopt RESOLUTION NO. R61-95 accepting the petition and directing staff to clarify the position of the railroad. APIF, MOTION CARRIED. 17. police Sergeant's position (April 25, 1995 memo) Questions/Comments a. Do we need the position? Can't officer's cover duties? b. Is the Sergeant or Chief available at all times? Yes. police Chief Siebenaler gave an in depth background of the position. The position was referred to the personnel committee for its recommendation. 1S. Upcoming Meetings a. May 23, 1995 - Joint Meeting with School Board at 7:00 A.M.. b. May 30, 1995 - Joint Meeting with Lakeville City Council at 5:30 P.M.. 19. police Hiring MOTION by Kuchera, second by Ristow to accept the resignation of Tom Stafford and to hire Steve Kuyper as his replacement (probationary). APIF, MOTION CARRIED. 20. Roundtable a. Consensus to move the July 3, 1995 Council meeting to July 5, 1995. b. Parking signs on Elm Street. c. Length of trains - time blocking tracks. d. Council article going to Farmington Independent. Council Minutes - 5/15/95 - Page 9 21. The Council recessed for five minutes. 22. MOTION by Ristow, second by Gamer to adjourn into executive session to discuss annexation issues with Castle Rock Township. APIF, MOTION CARRIED. (See Below) 23. MOTION by Fitch, second by Ristow to adjourn at 11:50 P.M.. APIF, MOTION CARRIED. Respectfully submitted, Larry Thompson City, Administrator Approved MOTION by Fitch, second by Kuchera to adopt RESOLUTION NO. R62-95 authorizing and directing staff to enter into a stipulation for dismissal of contested annexation case for property in Castle Rock Township. APIF, MOTION CARRIED.