HomeMy WebLinkAbout09.06.94 Council Minutes
MINUTES
COUNCIL MEETING
REGULAR
SEPTEMBER 6, 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. The Mayor led the audience in the Pledge of Allegiance.
3. MOTION by Ristow, second by Galler to approve the agenda with
the following changes:
a. Clarify that item 5g on the Consent Agenda is to reject the
bids and readvertise for bids.
APIF, MOTION CARRIED.
4. Citizen Comments
a. MOTION by Orr, second by Kuchera to proclaim September 17th as
Citizenship Day and September 17 thru September 23 as
Constitution Week. APIF, MOTION CARRIED.
5. Consent Agenda
MOTION by Orr, second by Rotty to approve the Consent Agenda as
follows:
a. Approve minutes of August 15th regular, August 22nd special and
August 23rd special meetings.
b. Approve School/Conference Request - Fire Department - Med Tech
Course.
c. Approve School/Conference Request and Budget Adjustment - Fire
Department - Basic Firefighter.
d. Approve School/Conference Request - Fire Department - Hazmat
Course. ~
e. Approve Appointment of 4 firefighters - Thomas Dubbels, Albert
Jobes, Jr., Chad Sonmor and Terry Verch.
f. Approve training agreement with Dakota County Technical College
- Police Training.
g. Approve Capital Outlay Request and budget adjustment - Police
Department Recording Equipment - $1,976.64.
h. Approve Appointment of Dave Schreier as Official Volunteer.
i. Receive information relating to annexation of certain
properties in Empire Township - Sprute/Severson.
j. Approve Capital Outlay Request and budget adjustment - Arena
Lockers - $1,358.03.
k. Approve Appointment of Part Time Liquor Store Employees - Mark
Bradford and Michelle Trapp.
1. Adopt RESOLUTION NO. R10S-94 approving recycled product
purChasing/waste prevention policy.
Council Minutes - ~/6/94 - Page 2
m. Adopt RESOLUTION NO. RI06-94 approving landfill abatement grant
application.
n. Adopt RESOLUTION NO. RI07-94 proclaiming October 3-9 as Waste
Reduction Week.
o. Adopt RESOLUTION NO. RI08-94 approving street name change in
Akin Park 3rd Addition from Englewood Way and Englewood Court
to Enchanted Way and Enchanted Court, respectively.
p. Reject bids for Project 94-7 - Sidewalk Maintenance - and
authorize advertisement for rebid.
q. Approve Change Orders 4,5,6,7 for Project 88-4 - Pine Knoll and
approve various agreements for sanitary sewer connection per
Public Works Director's August 26th memo:
#4
#5
#6
#7
- Add $8,225.00
- Add $1,350.00
- Add $3,290.00
- Add $3,600.00
- private sewer connections,
- install gate valve & replace hydrant,
- watermain/sewer conflict,
private sewer services.
r. Adopt RESOLUTION NO. RI09-94 approving agreement with Dakota
County relating to maintenance of bikeways.
s. Approve payment of dues and appointment of Jerry Henricks as
City's representative to Dakota County Economic Development
Partnership.
t. Approve Capital Outlay Request and budget adjustment -
Recreation - Computer Registration program - $1,000.00.
u. Approve amendment to development contract - Limerock Ridge -
water main credit, extension of bike trail and compensation,
reducing letter of credit from $1,118,836 to $1,106,116.
v. Adopt RESOLUTION NO. RII0-94 declaring an absence of need for
E.I.S. for Nelsen Hills Farm POD.
w. Approve Payment #1 (Final) - Project 94-3 - Sealcoating for
$18,574.24 to Allied Blacktop.
x. Agree to appointment of Jim Robinette, Dennis Miranowski and
William Wendler as representative to VRWMC.
y. Ratify Boards and Commissions By-Laws and amend Council By-Laws
as submitted.
z. Approve School/Conference Request - Fire Chief Annual
Conference. A
aa. Notify Marshan Township that City wishes to cease providing
building inspection services effective January I, 1995.
bb. Approve street lighting agreement - Project 93-7 - Riverside.
cc. Approve Change Order 1 and 2 - Project 94-1 - Oak Street
Improvements:
#1 - Deduct $46,410.43 - eliminate half blocks north of
alleys.
#2 - Deduct $8,098.50 and Add $2,010.50 - Modify Alt. #3.
dd. Approve amendment to development contract - Silver Springs 2nd
Addition - extend completion deadline to January I, 1995.
ee. Approve payment ,of the bills as submitted.
APIF, MOTION CARRIED.
Council Minutes - 9/6/94 - Page 3
6. MOTION by Rotty, second by Ristow to proclaim September 26th
thru 30th as Cities Week. APIF, MOTION CARRIED.
7. Assessment Abatement (Per HRA Executive Director's 8/30/94 memo
and Dakota County HRA's 9/6/94 memo)
It was noted that it appeared there was potentially more demand for
abatement than available funds and that the City could only grant
total abatement for low income families. A lengthy discussion
ensued regarding alternatives. Staff was directed to make a formal
request to HUD to relax their rules and grant partial abatement.
8. Westview Townhome Clarification (Update 8/31/94).
Discussion regarding how long the developer should use the
temporary access until it expires. Concerns were raised regarding
other violations.
9. Public Hearings
Mayor Kuchera opened the following public hearings at 7:30 P.M.:
a. Preliminary Plat/Developer's Agreement - Dakota County Estates
9th Addition;
b. Preliminary Plat/Developer's Agreement - Nelsen Hills Farm 3rd
Addition;
c. Preliminary Plat/Developer's Agreement - South Suburban 1st
Addition.
The hearings were continued until later in the evening.
10. Westview Townhomes continued.
Concerns were raised regarding the condition of Hickory Street and
the developer's surety. It was suggested that a sign be placed at
the entrance and to possibly block the entrance. Staff was
directed to ascertain the expiration date of the temporary access
and to communicate it to the dev~loper. The Administrator was
directed to notify staff to respond to Westview residents'
concerns.
11. Dakota County Estates 9th Addition Public Hearing.
The City Planner presented information on the plat, noting the
Planning Commission's comments and recommendation to approve. The
Planner noted there was a dispute in the development agreement
regarding surety.
Questions/Comments:
Cm. Galler:
Will businesses access English
Avenue?
Planner Tooker:
Yes.
Council Minutes - 9/6/94 - Page 4
Cm. Ratty:
What about screening on English
Avenue?
Planner Tooker:
The businesses should not pose a site
line problem.
Cm. Orr
Do southern business lots abut
Prairie Creek's businesses?
Planner Tooker:
Yes.
Cm. Galler: Is there going to be a problem with
traffic on 185th Street, possibly
conflicting with park trail pedestrian traffic?
Cm. Orr:
The developer wants to stay with quad
homes?
Planner Tooker:
Yes on Lots 1,2 and 3 of Block 3.
MOTION by Ristow, second by Orr to close the public hearing. APIF,
MOTION CARRIED. MOTION by Ristow, second by Galler to adopt
RESOLUTION NO. Rlll-94 approving the preliminary plat and
authorizing the signing of the final plat contingent upon, among
other things:
a. Receipt of notarized statement that the final plat is identical
to the preli.minary plat.
b. Execution of a developer's agreement with fees and sureties.
c. Developer reimburse the City for all expenses.
d. Developer furnish the City with reproducible prints.
APIF, MOTION CARRIED.
MOTION by Orr, second by Rotty to adopt RESOLUTION NO. Rl12-94
approving the developer's agreement for Dakota County Estates 9th
Addition with the addition of language relating to penalties (to be
drafted by City Attorney) and to require enclosed containers for
debris. APIF, MOTION CARRIED.
12. Nelsen Hills Far.m 3rd Addition Public Hearing
Presentation by Planner Tooker noting grading plans, Planning
Commission concerns and recommendations to approve the plat. Mr.
Tooker noted the concerns regarding preservation of trees. It was
also noted that the gas pipeline company had recently objected to
the south entrance and the developer was requesting it be replaced
by a cul-de-sac.
Council Minutes - '/6/94 - Page 5
Questions/Comments:
Cm. Rotty:
Can the plat be approved without a
variance?
Planner Tooker:
I would recommend the plat be
approved contingent upon approving
the PUD at the next meeting.
John Dobbs: We prefer the cul-de-sac.
(Distributed letter of objection by
Mid America Pipeline Company.) I believe the south entrance would
be redundant and of little use. I would also recommend the Planner
and I determine the extent of grading and which trees are to be
saved.
Eng. Kaldunski:
I would recommend the south entrance
remain open.
A lengthy discussion followed regarding the merits of the 187th
Street access.
Adm. Thompson: The Planning Commission has to make a
recommendation regarding the cul-de-
sac. The plat should be approved contingent upon the Planning
Commission's recommendation.
Mike Rahn:
I prefer the cul-de-sac.
Cm. Galler:
I commend the developer's wish to
save the trees.
MOTION by Orr, second by Rotty to close the hearing. APIF, MOTION
CARRIED. MOTION by Orr, second by Kuchera to adpopt RESOLUTION NO.
Rl13-94 approving the Nelsen Hills Farm 3rd Addition preliminary
plat with the cul-de-sac contingent upon favorable recommendation
of the Planning Commission regarding the variance for the cul-de-
sac, the standard contingencies noted in Dakota County Estates 9th
Addition, and approval of the final PUD. APIF, MOTION CARRIED.
MOTION by Ristow, second by Rotty to adopt RESOLUTION NO. Rl14-94
approving the developer's agreement with the following changes:
a. penalty clause (same as Dakota County Estates 9th),
b. debris enclosures,
c. developer and Planner to identify trees to be saved with
developer to have final say.
APIF, MOTION CARRIED.
13. South Suburban Congregate Care Public Hearing. Overview by
the City Planner noting high water level has not been determined at
this time and that the developers agreement has not been completed.
Council Minutes - '1/6/94 - Page 6
Dennis Zylla: Floor elevation has not been
established at this time, but it
appears we have an agreement with Sienna. The building permit
applications have been approved. The surety amount is all that
remains with the developers agreement.
Adm. Thompson: The plat process is distinct from the
building permit process. The
building can be constructed without the plat.
Eng. Kaldunski:
There should be a sanitary sewer
easement on the east side of the
plat.
Dennis Zylla:
That easement should be on the Sienna
property.
Cm. Ristow:
Has access been approved?
Planner Tooker:
Yes. One for the nursing home and
two for the congregate care facility.
Cm. Ristow:
Where will Elm Street go?
Planner Tooker:
It's just a small corner where the
extension of Elm Street curves to
meet 8th Street.
MOTION by Galler, second by Rotty to close the hearing. APIF,
MOTION CARRIED. MOTION by Orr, second by Kuchera to adopt
RESOLUTION NO. Rl15-94 approving the South Suburban 1st Addition
preliminary plat and authorizing the signing of the final plat
contingent upon:
a. penalty clause similar to Dakota County Estates 9th,
b. enclosures for debris,
c. adequate utility easement on the east side,
d. standard contingencies as no~ed in Dakota County Estates 9th.
APIF, MOTION CARRIED.
14. Oak Street Assessment Roll (Memo dated 9/1/94)
A number of questions were asked regarding:
a. driveway costs,
b. credits,
c. interest abatement,
d. consensus to add street lights (3 to 6 lights alternated) .
MOTION by Galler, second by Ristow to adopt RESOLUTION NO. Rl16-94
approving the assessment roll as submitted. APIF, MOTION CARRIED.
Council Minutes - '/6/94 - Page 7
15. Televised Council Meetings (Per Councilmember Orr's memo)
Discussion followed relating to:
a. joint venture with school/chamber,
b. increase franchise fees from 3% to 5%,
c. designate a staff person to research,
d. meet with ISD 192 to discuss joint meeting room,
e. staffing,
f. space needs study should include video.
16. Fall Survey
Questions:
a. Televised Council meetings,
b. Monthly versus Quarterly billing,
c. Council performance (look at Lakeville's survey)
d. Council outreach.
17. Special meeting set for September 12, 1994 at 5:00 P.M. to
consider the 1995 budget/levy.
18. Roundtable:
a. Pine Knoll inspection fees - clarification - $45.00 should be
waived regardless of when actual connection is made.
b. Pilot Knob Liquor Store - running approximately 66% of downtown
operations.
c. Train blocking tracks.
d. Response by MWCC regarding 2 year waiver.
19. MOTION by Galler, second by Rotty to adjourn into executive
session at 10:25 P.M. to discuss the L.E.L.S. Labor Agreement.
APIF, MOTION CARRIED.
20. MOTION by Rotty, second byDrr to adjourn at 11:30 P.M..
APIF, MOTION CARRIED.
Respectfully submitted,
~~ry Tho. son '
'~~ Administrator
Approved