HomeMy WebLinkAbout04.15.91 Council Minutes
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MINUTES
COUNCIL MEETING
REGULAR
APRIL 15, 1991
1. Mayor Kuchera called the meeting to order at 7:00 P.M.
Members Present: Kuchera, Mayer, Orr, Derington, Galler.
Members Absent: None.
Also Present: Administrator Thompson, Attorney Grannis.
2. MOTION by Orr, second by Mayer to approve the agenda with the following
changes:
a. Remove item 5b - Elm Park Center Public Hearing
b. Remove item 9c - Equipment Purchase - Public Works
c. Remove item 9d - Street and Utility Project - Elm Park
d. Remove item lla from the Consent Agenda for general discussion
e. Add a discussion on Castle Rock Conditional Use Permit.
APIF, MOTION CARRIED.
3. MOTION by Orr, second by Galler to approve the minutes of the April 1, 1991
regular Council meeting with the change that Attorney Harmeyer was present instead
of Attorney Grannis. APIF, MOTION CARRIED.
4. Administrator Thompson informed the Council that the Castle Rock Planning
Commission was considering a conditional use permit at 8:00 P.M. tonight to allow
a commercial/retail business on Ash Street which is within a residential area.
The Council directed the Administrator to attend the hearing and express the
Council's opposition.
5. Mayor Kuchera opened the Annual Board of Equalization Meeting. Administrator
Thompson stated that the purpose of the hearing was to hear comments regarding
the Assessor's assigned market value for taxes payable in 1991. Mr. Thompson
stated that County staff were available to hear individual comments and if the issues
could not be resolved, persons could appeal directly to the Council which would
then forward its recommendations to the County Board. Councilmember Galler
asked if property had been reassessed this year. Scott Nelson of the County
Assessor's Office indicated that the County had a computer program which automatically
updated the value of parcels. The hearing was adjourned until later in the
meeting.
6. Mayor Kuchera opened a public hearing to consider the proposed public improvements
to Spruce Street between 4th and 8th Streets and 1/2 block north of Spruce Street
on 5th, 6th and 7th Streets. Administrator Thompson stated that the total cost
of the improvements was $714,108 and the Council was proposing to assess 30%
of the project costs on a per unit basis. City Engineer Kaldunski presented
an overview of the project as outlined in the feasibility report. The following
testimony was given.
Eng. Kaldunski:
I have no alley, how will I get access to my property?
There will be an inconvenience for approximately 2 weeks.
Are you going to replace good sidewalk and, if so, is that fair?
The City will replace good sidewalk if it is disturbed by the
proj ect.
Peter Faeber:
Eng. Kaldunski:
Peter Faeber:
Council Minutes - 4/15/91 - Page 2
Cm. Orr:
Roger Shirley:
Cm. Galler:
Terry Schreiner:
Cm. Galler:
Eng. Kaldunski:
This is one of the reasons the City is picking up 70%.
Is the amount stated on the draft assessment the property
owners share?
Yes. It is only an estimate at this time.
Why not assess the project over the entire City? Why on a
per unit basis? Is it fair that I am assessed the same as a
larger lot?
It's hard to prove that a larger lot receives a greater benefit.
Again the City is picking up 70%.
Charles Logan: The City is going to spend a lot of money improving the street.
Will the City limit truck traffic which could damage the street?
Eng. Kaldunski: Most of the damage to the street has been the result of poor
construction. The City would have to establish truck routes to
limit truck traffic.
Mayor Kuchera:
Terry Schreiner:
Adm. Thompson:
Peter Faeber:
Adm. Thompson:
Doris Bauer:
Eng. Kaldunski:
38 feet.
Glenda Dye:
Eng. Kaldunski:
David Arndt:
We have discussed truck routes but have not implemented any plans.
How are payments made?
10 years with equal principal payments. Interest is 1~% over the
City's bond rate, which is approximately 7 - 7~%.
Can it be paid off right away?
Yes.
How was Spruce Street chosen? Are you going to widen my
street to 50 feet?
The Council looked at all streets and felt Spruce Street was a
top priority. Your section of Spruce Street will be approximately
Are you going to take out my Walnut trees?
They shouldn't be disturbed.
Why am I being assessed for 2 units?
Adm. Thompson: It is a very close call. You legally have two buildable lots,
but the Council will have to determine if, from a practical
standpoint, there are two buildable lots. Roger Shirley's lots were reduced from
3 to 2.
Terry Schreiner:
Adm. Thompson:
What is the appeals process? Will I be compensated if my property
doesn't sell?
This hearing is only to consider if the improvements should be
ordered. The appeal process begins at the time of the assessment
hearing.
(Attorney Grannis explained the appeal process and the rationale of assessment at
least equaling benefit. Also, Mr. Grannis was not aware of any law which covered
loss of sales.)
Peter Faeber:
Att. Grannis:
How much of the assessment can a property owner expect to get
back on the sale of the property?
Legally, the City can only assess the amount a property
increases in value. It is very subjective.
Council Minutes - 4/15/91 - Page 3
What has happened in the past?
There have been no recent appeals.
What is the need for replacing the sanitary sewer?
Televising shows that it is in very poor shape, which results in
inflow and infiltration (1/1).
The excessive 1/1 has cost the City in the hundreds of thousands
of dollars over the years.
Why is the storm sewer being extended to 7th Street?
To improve drainage.
7th Street is a good road.
It is a Council decision if it should be widened to meet City
standards.
Om. Galler: The Council also felt it was a good idea to improve the entire
area because the streets were old and it would avoid confusion
regarding assessment in the future.
Peter Faeber:
Att. Grannis:
Terry Schreiner:
Eng. Kaldunski:
Om. Orr:
Allen Kohn:
Eng. Kaldunski:
Allen Kohn:
Adm. Thompson:
Clayton Nielsen:
Adm. Thompson:
road right now.
Mary Rasmussen:
Eng. Kaldunski:
Clayton Nielsen:
Eng. Kaldunski:
Chris Schreiner:
Eng. Kaldunski:
Att. Grannis:
Spencer Hunter:
Eng. Kaldunski:
Dave Rasmussen:
Is the County going to increase the property value?
Since the County does not take the condition of the streets
into consideration, your property is probably paying for a good
Will you replace private walks on the sidewalks?
Yes.
Are you going to open up Spruce to T.R. 3?
No.
What happens if trees are lost? Where are cars parked? What if
cars are damaged?
3 or 4 trees may need to be removed. There will be an inconvenience.
If your car is damaged, you will have to talk to your insurance
company.
Are the estimates accurate?
They are based on past projects.
What is the timetable?
Eng. Kaldunski: June 3rd - approve plans and specifications; June 27th - bids
accepted; July 1st - award bids; July 7th - start construction;
and September 30 - complete construction.
James Garvey:
Eng. Kaldunski:
David Arndt:
Eng. Kaldunski:
Are you going to improve Spruce Street before the side streets?
Yes.
Will the driveway to the sidewalk be replaced?
We will consult with property owners.
Ken Gerten (St. Michael's): Will assessments be spread over 10 years?
Eng. Kaldunski:
Terry Schreiner:
Eng. Kaldunski:
Yes.
Will curb elevations stay the same?
We may make minor deviations.
Council Minutes - 4/15/91 - Page 4
Do you want a new street and services?
The street needs to be fixed, but the timing is bad with the new
school.
We must replace the services with the street replacement.
What happens if the street needs to be replaced within 5 years.
The City addresses the useful life. If the street failed within
5 years, the City would pay.
With the proposed funding cuts it will never be cheaper.
We are spending a lot of money trying to keep the street
repaired.
MOTION by Galler, second by Mayer to close the hearing. APIF, MOTION CARRIED.
Terry Schreiner:
Eng. Kaldunski:
Peter Faeber:
Eng. Kaldunski:
James Garvey:
Mayor Kuchera:
Peter Faeber:
Eng. Kaldunski:
Spencer Hunter:
Eng. Kaldunski:
Spencer Hunter:
Terry Schreiner:
Att. Grannis:
Ray Juvland:
Eng. Kaldunski:
Terry Schreiner:
Eng. Kaldunski:
Terry Schreiner:
Eng. Kaldunski:
Terry Schreiner:
Eng. Kaldunski:
Peter Faeber:
Eng. Kaldunski:
Cm. Orr:
Cm. Derington:
Terry Schreiner:
Cm. Orr:
Terry Schreiner:
Eng. Kaldunski:
Dave Rasmussen:
Mayor Kuchera:
The boulevard slopes may be too steep.
A 12% maximum grade would be kept.
Is the middle of the street higher than it should be?
A 2% cross slope will be used.
Was the street improved in 1936?
About then.
Does the construction schedule allow for bad weather?
Yes.
My neighbors did not help pay for my corner lot in 1986.
The Council did not have a corner lot credit policy at that
time.
I should get a credit, not the neighbors.
Please explain the 1~% on top of the City's bond rate.
It is to cover issuance costs and ongoing bond expenses.
Will new sidewalk be installed? If so, it doesn't make sense
to only install 1/2 block of sidewalk.
The other half block will be installed when the remainder of the
street is installed.
Does this project fit in with Farmington's overall plan?
It complies with our pavement management program.
Where will surface water be directed?
To 4th Street.
Will the southeast area storm sewer be assessed?
That project will mostly be funded by the City.
I could do the sidewalk myself.
That can be considered.
It should be noted that next year it is proposed to increase
the owner's share from 30% to 35%.
Council Minutes - 4/15/91 - Page 5
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MOTION by Mayer, second by Orr to adopt RESOLUTION NO. R35-9l ordering Project 91-1
and authorizing the preparation of plans and specifications. APIF, MOTION CARRIED.
7. MOTION by Orr, second by Kuchera to approve the proposed lease of 308 Elm
Street per staff recommendation. APIF, MOTION CARRIED.
8. The Council reconvened the Board of Equalization. Letters from the following
individuals were presented: John DeBates, Elwood "Gil" Gilbertson, James Pluntz.
Mayor Kuchera closed the hearing and the Council attested to the outcome of
the hearing.
9. MOTION by Derington, second by Galler to approve the agreements with Castle
Rock and Empire Townships for Clean Up Day. APIF, MOTION CARRIED.
10. The Council considered the following bids for the McVicker demolition project:
Firm Base Bid Alternate Bid
Diamond 5 Wrecking
Wickenhauser
Raster
Jurrens
$22,476.00
27,560.00
28,897.00
28,300.00
$ 3,000.00
1,320.00
1,000.00
1,700.00
It was the consensus of the Council that a temporary parking lot not be installed.
It was noted that the City had not received a court order for the demolition
at this time. MOTION by Galler, second by Derington to adopt RESOLUTION NO. R36-91
awarding the base bid of $22,476.00 for the McVicker Demolition to Diamond 5
Wrecking. APIF, MOTION CARRIED.
11. The Council next considered a proposed resolution to the Southeast Storm
Sewer Project as outlined in the Administrator's April 10th memo. A lengthy
discussion followed regarding the proposed and possible impact on the May 1, 1991
public hearing. Councilmember Mayer noted that lateral costs were not addressed
in the proposal. MOTION by Galler, second by Orr to approve the concept. APIF,
MOTION CARRIED.
12. The Council next considered the proposed amendment to the assessment policy.
Administrator Thompson noted that various areas of the policy required clarification.
It was the consensus that the new improvements installed to improve the City's
systems would be pro rated and also new driveway aprons and sidewalks would
be pro rated. The Council reviewed the proposed improvement districts. It
was the consensus that sanitary sewer adjacent to long sides would be picked
up by the City. Administrator Thompson stated he would report back at the next
Council meeting.
13. MOTION by Derington, second by Kuchera to adopt RESOLUTION NO. R37-91 approving
the 1991 Seal Coat Project plans and specification and authorizing the advertisement
for bids. APIF, MOTION CARRIED.
14. The Council next considered the 1991 Sidewalk Improvement project as outlined
in the Public Works Director's memo dated April 11, 1991. MOTION by Galler,
second by Orr to approve the improvement adjacent to the school and to leave
the balance of the improvement at the discretion of the Public Works Director.
APIF, MOTION CARRIED.
15. MOTION by Kuchera, second by Galler to authorize the application of a Fitness
2000 Grant. APIF, MOTION CARRIED.
Council Minutes - 4/15/91 - Page 6
16. It was the consensus of the Council to continue to proceed with the Resource
Recovery OWM Grant as outlined in the Administrator's April 11, 1991 memo.
17. The Council set the April 20, 1991 Joint Meeting Agenda as follows:
a. Call to Order
b. Introduction
c. Presentation of Community Planning - Larry Thompson
d. HRA/Planning Goals and Objectives
e. Review of Council Workshop Goals and Objectives - General Discussion
18. MOTION by Galler, second by Orr to approve the Consent Agenda as follows:
a. Payment of the Bills as Submitted.
APIF, MOTION CARRIED.
19. Finance Director Henneke noted that he had inadvertently left out the wording
relating to essential employees responding to fires and also informed the Council
that per State Law, employees could take sick leave for dependents and attend school
functions. MOTION by Galler, second by Mayer to adopt the Personnel Policy with
the noted changes. APIF, MOTION CARRIED.
20. The following items were discussed during roundtable:
a. Airport Task Force meeting - April 17, 1991 at 10:00 A.M.
b. Update Bongards/Reisinger property.
c. Shared/Cooperative City Services letter to local State representatives.
d. Update on Castle Rock Conditional Use permit.
e. "No Net Loss Wetlands" bill. City's concern.
21. MOTION by Kuchera, second by Orr to adjourn at 11:00 P.M. APIF, MOTION CARRIED.
Respectfully submitted,
~
Larry Thompson
City Administrator
Approved
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