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HomeMy WebLinkAbout07.19.93 Council Minutes 109 MINUTES COUNCIL MEETING REGUIiAR JULY 19, 1993 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 Harmeyer. 2. The Mayor led the Council and audience in the Pledge of Allegiance. 3. MOTION by Galler, second by Orr to approve the agenda with the following changes: a. Remove item Sf - Subdivision Ordinance - Monumentation. b. Remove item 50 - G.O. Bond Terms and Conditions - from Consent for general discussion c. Remove item Ss - Resolution approving Riverside Developer's Agreement - from Consent for general discussion. d. Remove item 9a - New Home Program. e. Add Executive Session to discuss pending litigation - ISD 192 - 4th Street Assessments. f. Remove item Si - pine Knoll Fill Agreement - from Consent for general discussion. g. Remove item Sv - Empire Township Comprehensive Plan - from Consent to Executive Session. h. Remove item 51 - Change Order - Project 92-3. APIF, MOTION CARRIED. 4. Citizen Comments - None. 5. MOTION by Orr, second by Rotty to approve the Consent Agenda as follows: a. Approve minutes of July 6, 1993. b. Approve Capital Outlay Request - Tuckpoint, caulk, etc. fire station - $6,250. c. Approve cosponsorship of training program at County Fair - Police Department. d. Approve School/Conference Request - MN Chiefs of Police Fall Conference. e. Approve 1994 Training Agreement~- Dakota County Training Association. l1Cbounci1 Minutes - 7/19/93 - Page 2 f. Approve Capital Outlay Request - Fire Department Overhead Door - $2,830.00. g. Adopt RESOLUTION NO. R74-93 amending Resolution No. Rl-93 (Fees and Charges) - Waste Lumber Fees and PUD Administrative Fees. h. Approve Pine Street cul-de-sac fill agreement. i. Approve hiring of 2 full time Public Works Department employees - Tom Jensen and Gary Hilsgen - per July 13, 1993 memo. j. Approve Change Order #3 (Deduct - $9,548.00; Add - $2,163.20) and approve Final Payment - $6,478.79 - for Project No. 92-16 to Barbarossa and Sons. k. Adopt RESOLUTION NO. R75-93 Accepting MWCC I/I Grant - $10,000. I. Approve Capital Outlay Request - Parks and Recreation - outfield fence - $3,904.00. m. Revise Solid Waste Policy adding a $5.00 charge for return trips and out of cab collections. n. Adopt RESOLUTION NO. R76-93 supporting the Star City Program and designating the HRA as the steering committee. o. Adopt RESOLUTION NO. R77-93 approving the preliminary/final plat of Riverside Addition. p. Adopt RESOLUTION NO. R78-93 accepting feasibility report, ordering the project, and ordering preparation of plans and specifications for Riverside Addition. q. Approve Design Center proposal for Prairie Waterway work program. r. Approve Change Order #1 adding $606.00 for seal coating fire hall parking lot to Project 93-9. s. Approve payment of the bills as submitted. APIF, MOTION CARRIED. 6. Pine Street Cul-de-Sac. Costs of road improvements and berm are comparable, but the road improvements will not give Mr. Weierke as much flood protection. MOTION by Rotty, second by Orr to approve the agreement as presented ($1.75/yard), to direct staff to research the cost of transporting fill for future requests, and that the agreement shall be signed by Mr. Weierke by August 16, 1993 or the contract is null and void. APIF, MOTION CARRIED. 7. Fairground Traffic Control. (Per Police Chief's memo dated June 24, 1993.) The Fair Board has indicated that they do not wish to pay for City Police services. Discussion on responsibilities of traffic control. 8. Mayor Kuchera opened a public hearing at 7:30 P.M. to consider the Nelsen Hills Farm 2nd Addition preliminary plat. The hearing was continued until later in the evening. 9. It was the consensus of the Council that the Police Chief notify the Sheriff's Department that the Sheriff will be primarily responsible for providing traffic control, but if a traffic jam occurs, the Chief will have the authority to bring in additional personnel to alleviate the situation. .' III Council Minutes - 7/19/93 - Page 3 10. Nelsen Hills Farm 2nd Addition Public Hearing. Planner Tooker gave a brief overview of the development. The following comments were heard: Cm. Rotty: Have the 3 conditions set by the Planning Commission been met. Planner Tooker: Yes. Cm. Galler: Have outlots been recorded in the City's name? John Dobbs: Yes. MOTION by Ristow, second by Orr to close the public hearing. APIF, MOTION CARRIED. MOTION by Orr, second by Ristow to direct staff to prepare resolutions approving the plat and developer's agreement and to prepare a development agreement for consideration by the Council. APIF, MOTION CARRIED. 11. Clear Water Discharge Inspection Agreement. (Per memo dated July 14, 1993.) Finance Director Henneke indicated funding for the proposal as follows: MWCC Grant Manhole/Sewer Rehab Funds MPCA Loan (1994) $10,000 $28,875 $53,725 Discussion followed on needs, costs, combining with water meter inspections, sliding scale for homes without sump pumps. MOTION by Orr, second by Rotty to approve the agreement to do the project design, education and inspection of 675 targeted homes at a cost not to exceed $35,875.00. APIF, MOTION CARRIED. 12. Mayor Kuchera opened a public hearing at 8:00 P.M. to consider the proposed Walnut Street/2nd Street Parking Lot assessments. Engineer Kaldunski updated the Council on the condition of the 5th Street sanitary sewer (several leaking joints) and a request by Arvid Youngkrantz to set up a sanitary sewer overflow pipe on 7th Street. Administrator Thompson noted for the record: letter from Dale Empey dated July 7, 1993; Letter from Kelly and Leroy Diny dated July 7, 1993; and letters signed by 27 persons opposing the Walnut Street project. Frank Scully: Is the sump pump discharge line still part of this project? Eng. Kaldunski: Yes. Shirley Scully: We requested no sidewalks. Cm. Orr: ~e haven't decided that yet. 112Counci1 Minutes - 7/19/93 - Page 4 Duane Helgeson: Does everyone get assessed for driveways? Eng. Kaldunski: Not if you don't have a driveway. It is only for driveways from curb to back of sidewalk. Duane Helgeson: How do you determine charges? Eng. Kaldunski: The existing driveways' size and condition. Hal Gorder: If the sidewalk is okay, do you have to tear them out? (in front of school)? How wide is the street going to be? How is parking going to be Steve Hovey: Eng. Kaldunski: The street is proposed to be 44' wide. Don Youngkrantz: Could angle parking be put in? Eng. Kaldunski: We have looked into reducing the size for snow storage and reducing the costs. Terry Eich: How do costs compare with other projects? Cm. Orr: Fairly comparable. LuAnn Powers: Will trees be saved or taken? Eng. Kaldunski: We will try to save all of the trees that we can. We do replant. Frances Lagerquist: How about the width on 7th Street? Eng. Kaldunski: It will be about the same. Shirley Scully: Why don't you put storm sewer in at Falkowski's office? Cm. Orr: We are closer than ever to doing that project. Shirley Scully: ls the water pumping into the highway median causing the wet basements? _'~i ;:) Council Minutes - 7/19/93 - Page 5 Eng. Kaldunski: Not really. Kelly Diny: How many properties are involved in this? Cm. Orr: Approximately 48. Kelly Diny: Didn't you have a letter with 27 people opposed? How do you stop a project? Cm. Galler: Sooner or later the street is going to need to be fixed. The to determine if it wants to use general taxpayer 65% of the project. Council also has funds to pay for Marge Eich: If some of the pressure was taken off of the system (e.g. Falkowski's), wouldn't it help the situation? We are in a financial bind and it seems you are piling up more. Tom Brinkman: My sister has special problems. Can the Council address these needs? Cm. Galler: We are going to discuss a policy which would address this issue later in the meeting. Don Youngkrantz: Everyone is worried about the price. Is there anyway to just fix the sewers and not do the sidewalks, lights and so on? Eng. Kaldunski: We are also looking at storm sewer and groundwater discharge lines. Francis Scully: If the project goes this year, how much extra will it cost and won't they be pumping with the high water table? Eng. Kaldunski: We would have to dewater in normal times. Mayor Kuchera: What about slip lining? Eng. Kaldunski: It would be very expensive. Steve Hovey: When will it be constructed? LuAnn Powers: What can be done? I'm struggling financially right now. 114Council Minutes - 7/19/93 - Page 6 Hal Gordon: I'm concerned about access. I have a foster son in a wheelchair. Eng. Kaldunski: We would have to work closely with your situation. Cm. Rotty: Have you met with the churches and ISD 192? Eng. Kaldunski: Yes. We explained the project to them. Mary Eich: What happens when there is no parking available? Adm. Thompson: If the Council decides to do the project, I would suggest the Council direct staff to amend the assessment roll to take Mr. Empey's request into consideration. Also, based on information I just received, I would like to take the opportunity to do an analysis on the MSA cash flow. Mayor Kuchera: Could the project be delayed? I think it would help the owners. Adm. Thompson: It could be delayed. Don Youngkrantz: Most people are opposed. I am leaving it up to you to make the decision. Steve Hovey: We weren't invited to the meeting with the school and churches. Ken Gerten: We needed more information to report back to the parishioners. We appreciate the concern shown us. Cm. Orr: Can we just do 5th Street sewer? Eng. Kaldunski: It could be done. (Steve Hovey presented letters to the Mayor in opposition to the proj ect . ) 2nd Street Parkinq Marvin Wier: I am opposed to the project because of the unfairness. We already paid for parking with street improvement projects. (He presented a letter opposing the assessments.) 115 Council Minutes - 7/19/93 - Page 7 Patsy Fischer Larson: What are the percentages of financing? Asst. Eng. Matthys: HRA is 30%, City is 50% and 20% is assessed. Patsy Fischer Larson: Are all properties being assessed the same? Cm. Galler: The assessments are on a per buildable lot basis. Patsy Fischer Larson: I am also opposed to the project. Why only down to Spruce Street? Roger Cook: I can't find any justification for assessing the whole area. Where is my benefit? What is the justification? Why not take Motor Parts, Elm Park or Erickson's? (Files a protest.) Patsy Fischer Larson: I will also file a written protest. Willard Barnett: We have a parking problem. But you are not enforcing it. Cm. Orr: The no parking is for the boulevard. Francis Blaha: My businesses take care of their own parking. I am always told for snow removal. I don't see a to rethink the project. that I am not a downtown business parking problem. I would like you Willard Barnett: Can't you put parking between Pete's (Farmington Steakhouse) and the Eagles (Club)? HRA Dir. Henricks: There is a walkway planned for that area. Francis Blaha: That is where the parking is needed. Cm. Galler: We're trying not to look at today, but to the future. Maybe assessments are not the correct way of doing it. Roger Cook: Why not assess to abutting Rroperty owners? 116 Council Minutes - 7/19/93 - Page 8 Patsy Fischer Larson: Isn't the Farmer's Market driving this? em. Orr: No. Cm. Rotty: Do you see a need for parking or is it the fairness of the assessment? Roger Cook: The assessment. MOTION by Rotty, second by Kuchera to close the hearing. APIF, MOTION CARRIED. MOTION by Kuchera, second by Rotty to not do either project. Discussion: Councilmember Rotty indicated he had a problem with Walnut Street because sections of the street were in good shape and that the method of assessments were not fair on the 2nd Street Parking. Councilmember Orr stated that in the City's efforts to split the bids, the costs were driven up. 5th Street sewer would need to be addressed. VOTING FOR: Ristow, Orr, Kuchera, Rotty. AGAINST: Galler. MOTION CARRIED. Councilmember Galler explained that the 2nd Street Parking was needed, but the assessments were wrong and that Walnut Street project was needed. 13. Elm Park Retail. HRA Executive Director presented an overview of the project. Concerns/Questions: a. TIF subsidizing competing businesses. b. Risk to the City in the event of nonpayment of taxes (G.O.). c. Expansion of the library. d. Assurance of tenants (leases). e. Market studies/market share. f. Possibility of Our Own Hardware store. g. Timing is good due to expansion of CSAH 31 and TH 50. Financial consultant Ron Langness indicated that it was one of the few increments where the TIF was not going to the developer and it was a very positive, viable project. There was risk in the project because of the G.O. Bonds. MOTION by Galler, second by Orr to adopt RESOLUTION NO. R79-83 giving conceptual approval of the Elm Park Project and ordering the updating of the First Street feasibility report. APIF, MOTION CARRIED. 15. MOTION by Galler, second by Orr to adopt RESOLUTION NO. R80-93 authorizing the issuance and sale of: $1,830,000 G.O. Imp. Bonds, Series 1993A $ 815,000 G.O. Tax Increment Bonds, Series 1993B $ 495,000 G.O. Tax Increment Bonds, Series 1993C $ 405,000 G.O. Equip. Cert. of Indebt, Series 1999D APIF, MOTION CARRIED. 117 Council Minutes - 7/19/93 - Page 9 16. Prairie Creek POD. Planner Tooker reviewed the proposed PUD noting the layout and the June 29, 1993 Planning Commission minutes. Discussion followed regarding the proposed plat. MOTION by Orr, second by Kuchera to adopt ORDINANCE NO. 093-311 amending the zoning map and zoning ordinance by rezoning 112.13 acres in Section 13 south of Dakota County Estates referred to as prairie Creek PUD from R-l to R-l PUD. APIF, MOTION CARRIED. 17. City Auditor Bill Lauer presented the 1992 Audit Report. MOTION by Orr, second by Kuchera to accept the 1992 Audit Report as presented. APIF, MOTION CARRIED. 18. The Assessment Deferral Policy was tabled. 19. Public Works Facility. Per the memo dated July 16, 1993. The Council directed the HRA Executive Director to pursue the building as outlined in the memo and to look at a "Design/Build" option, and to return in 2 weeks. 20. Riverside Plat. MOTION by Rotty, second by Orr to adopt RESOLUTION NO. R81-93 approving the developers agreement for Riverside Addition. APIF, MOTION CARRIED. 21. FAA/Locust Street Improvement. MOTION by Galler, second by Rotty to adopt RESOLUTION NO. R82-93 approving the agreement with the FAA for the Locust Street Project. VOTING FOR: Kuchera, Rotty, Galler, Ristow. ABSTAIN: Orr. MOTION CARRIED. 22. Roundtable. a. Annexation meetings on July 20 and July 22. b. Wausau MUSA. c. County septic tank ordinance - compliance by the year 2000. 23. MOTION by Orr, second by Rotty to adjourn into Executive Session to discuss annexation and ISD 192 assessments. APIF, MOTION CARRIED. 24. MOTION by Rotty, second by Kuchera to adjourn at 1:35 A.M.. APIF, MOTION CARRIED. ~pec~ submitted, tf1'(T 'r - Larry Thompson City Administrator l~, \ ", '" ", '. .i ",'\ , ',- "Iv V \i~i "! V l1! Date Approved ' ~. I --Sf;;, llJ I "