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HomeMy WebLinkAbout04.04.94 Council Minutes 265 MINUTES COUNCIL MEETING REGULAR APRIL 4, 1994 1. Mayor Kuchera called the meeting to order at 7:00 P.M.. Members Present: Kuchera, Ristow, Orr, Rotty, Galler. Members Absent: None. Also Present: Administrator Thompson, Attorney Grannis. 2. Mayor Kuchera opened the Annual Board of Equalization. Deputy Assessor Bill Peterson informed the audience that County staff would meet individually with property owners. 3. The Mayor led the Councilmembers and audience in the Pledge of Allegiance. 4. MOTION by Orr, second by Rotty to approve the agenda with the following changes: a. Remove item 6a - Public Hearing - Zoning Amendment - Driveway Width Increase b. Remove item 6b - Public Hearing - Sign Ordinance Amendment in Agricultural Districts c. Add Consideration of Resolution Approving Metropolitan Council Loan Agreement. d. Remove approval of the March 21, 1994 regular meeting minutes for discussion. e. Remove items 5g and 5j - Public Hearings on Assessment Rolls from Consent for discussion. f. Remove item 51 - Agreement with Lakeville for Police Department Labor from Consent for discussion. APIF, MOTION CARRIED. 5. Citizens Comments. John Richardson noted an elderly lady had collapsed on the First Street construction project and requested that the sidewalks be installed as soon as possible. 6. Consent Agenda. MOTION by Orr, second by Kuchera to approve the Consent Agenda as follows: a. Approve the Minutes of the February 25, 1994 and the March 17, 1994 special meetings. b. Approve School/Conference Request - Engineering - Erosion/Sediment Control. c. Approve School/Conference Request - Administration - Computer/Windows Class. d. Approve School/Conference Request - Fire - CPR Instructor Course. e. Approve Capital Outlay Request - Administration - 2 additional phone lines for existing system. 266 Council Minutes - 4/4/94 - Page 2 f. Adopt RESOLUTION NO. R32-94 declaring costs to be assessed and ordering preparation of an assessment roll for Project 91-6 - City Center. g. Adopt RESOLUTION NO. R33-94 accepting bids (no award) for Project 88-4 - Pine Knoll Improvements. h. Adopt RESOLUTION NO. R34-94 declaring costs to be assessed and ordering preparation of an assessment roll - Project 88-4 - Pine Knoll Improvements. 1. Approve reappointment of Cindy Moody to Dakota Alliance for Prevention. j. Approve renewal of heating and air conditioning maintenance service agreement for City Hall. k. Approve Budget Adjustment - early hire of police officer, part time Finance Department help, Building/Fire Marshal position. 1. Adopt ORDINANCE NO. 094-329 amending HRA Ordinance by designating the City Council as the HRA. m. Approve School/Conference Request - Police - High Risk Communication. n. Appoint Negotiating Committee for Police Labor Contract. o. Adopt RESOLUTION NO. R35-94 approving donation of obsolete Fire/Rescue Equipment to El Salvador. p. Approve payment of the bills as submitted. APIF, MOTION CARRIED. 7. MOTION by Galler, second by Rotty to approve the minutes of the March 21, 1994 regular meeting changing Paragraphs 16 and 17 to Councilmember Ristow abstaining on the votes. APIF, MOTION CARRIED. 8. Set Public Hearings - Pine Knoll and City Center Assessments. Councilmember Galler requested the hearings be set back one-half hour. MOTION by Orr, second by Ristow to adopt RESOLUTION NO. R36-94 accepting the assessment roll and setting a public hearing for April 25, 1994 at 7:30 P.M. for the City Center - Project 91-6. APIF, MOTION CARRIED. MOTION by Rotty, second by Galler to adopt RESOLUTION NO. R37-94 accepting the assessment roll and setting a public hearing for April 25, 1994 at 8:00 P.M. for Project 88-4 - Pine Knoll Improvements. APIF, MOTION CARRIED. 9. Hydrant Use Permit. Administrator Thompson recommended two minor changes relating to the water filling station. Councilmember Orr stated the Water Board must balance between limiting hydrant use and volunteer use for flooding. MOTION by Orr, second by Galler to adopt ORDINANCE NO. 094-330 amending the Waterworks Ordinance relating to hydrant use permits. 10. City Unity Day. MOTION by Galler, second by Rotty to adopt RESOLUTION NO. R38-94 supporting City Unity Day at the State Capital. APIF, MOTION CARRIED. 267 Council Minutes - 4/4/94 - Page 3 11. Loan Agreement. MOTION by Galler, second by Orr to adopt RESOLUTION NO. R39-94 approving a loan agreement with the Metropolitan Council for the prairie Waterway. APIF, MOTION CARRIED. 12. Indemnification Agreement - Perkins. MOTION by Rotty, second by Galler to adopt RESOLUTION NO. R40-94 approving an amendment agreement with the Perkins for the prairie Waterway Project. VOTING FOR: Orr, Kuchera, Rotty, Galler. ABSTAIN: Ristow. MOTION CARRIED. 13. Pine Knoll MUSA. Mayor Kuchera opened a public hearing at 7:30 P.M. to consider amending the City's Comprehensive Plan by adding Pine Knoll to the MUSA. Administrator Thompson explained the amendment, noting that the Metropolitan Council would probably recommend not allowing the MUSA expansion but to allow extension of sewer services to the existing development. MOTION by Orr, second by Galler to close the hearing. APIF, MOTION CARRIED. MOTION by Orr, second by Ristow to adopt RESOLUTION NO. R41-94 amending the City's Comprehensive Plan by adding the pine Knoll area into the City's MUSA. APIF, MOTION CARRIED. 14. Board of Equalization. Deputy Assessor Bill Peterson noted that approximately 13 people requested a review of the property valuations. Mr. Peterson explained the process. MOTION by Galler, second by Kuchera to close the meeting. APIF, MOTION CARRIED. 15. North Liquor Store. Liquor Store Manager Paul Asher presented his report and recommendations dated March 31, 1994. Comments/Questions: a. Are we getting any business from the north? Approximately 20%. Traffic counts show that most are going north. b. Whose recommendation is the 5 year lease? Budget Oil's. The City is requesting a two year option. c. Any contact with Prairie Creek? Yes, but no positive response. d. Reviewed floor plan. e. Staffing levels. f. Important to open during the early stages of growth. g. Need a tentative commitment at this time. It was the consensus that if the numbers are verified and the lease language was acceptable, the City should proceed with the project. 268 Council Minutes - 4/4/94 - Page 4 16. Condemnation - East Far.mington PUD (3/29/94 memo) Discussion on reconfiguration of Highway #3. Administrator Thompson recommended using eminent domain if the developer posts surety to 125% of the appraised value and relocation costs, and to agree to pay for all costs. A lengthy discussion followed regarding how much effort has been made by the developer and owner to reach an agreement. MOTION by Galler, second by Orr to adopt RESOLUTION NO. R42-94 to proceed with the condemnation of the Hed property subject to the aforementioned conditions. VOTING FOR: Galler, Orr, Kuchera, Rotty. AGAINST: Ristow. MOTION CARRIED. 17. Roundtable. a. Next Council Meeting - Pine Knoll inspection agreement. b. Zamboni needs replacing - electric vs. refurbishing vs. propane. c. Mt. Dew Days is progressing very well. d. Ask Planning Commission to look at sideyard setbacks in transition areas. 18. MOTION by Galler, second by Rotty to adjourn at 9:15 P.M.. APIF, MOTION CARRIED. /~t Larry Thompson City Administrator Approved 1/8/9''1 (