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HomeMy WebLinkAbout10.07.91 Council Minutes ~~1 MINUTES COUNCIL MEETING REGULAR OCTOBER 7, 1991 1. Mayor Kuchera called the meeting to order at 7:00 P.M. Members Present: Kuchera, Orr, Galler. Members Absent: Mayer, Derington. Also Present: Administrator Thompson, Attorney Harmeyer. 2. MOTION by Orr, second by Galler to approve the agenda with the following changes: a. Remove item IIi - Street Lights - Terra 2nd Addition APIF, MOTION CARRIED. 3. MOTION by Orr, second by Galler to approve the minutes of the September 16, 1991 regular meeting. APIF, MOTION CARRIED. 4. MOTION by Galler, second by Orr to approve the minutes of the September 24, 1991 special meeting. APIF, MOTION CARRIED. 5. MOTION by Orr, second by Kuchera to approve the minutes of the September 30, 1991 special meeting. APIF, MOTION CARRIED. 6. Robert Stegmaier indicated that he would be presenting the Silver Springs Development plat to the Council in the near future and hoped it would be received favorably. 7. The Council next considered the ALF 5 Year Plan. It was noted the plan proposed an increase in subsidies and two 24 hour units in 1993. MOTION by Galler, second by Kuchera to accept the 5 Year Plan as presented. APIF, MOTION CARRIED . 8. The Council reviewed the following bids on the Tractor Backhoe. Firm Bid Case Power and Equipment Lano Equipment Midwest Machinery Carlson Tractor $ 38,387 39,615 41,730 50,230 Public Works Director Kaldunski recommended rejecting the first two bids for material deviations as noted in the October 4th memo. Dave Siebold of Case Power and Equipment disagreed with a number of Mr. Kaldunski's points and stated the deviations would save over $3,000 in taxpayers' dollars. City Attorney Harmeyer stated that it would be his recommendation to rebid the unit before awarding the unit on a bid that did not meet specifications. A lengthy discussion followed regarding the matter. MOTION by Orr, second by Galler to adopt RESOLUTION NO. R85-91 awarding the tractor backhoe bid to Midwest Machinery for $41,730. APIF, MOTION CARRIED. 9. Mayor Kuchera opened a public hearing at 7:30 P.M. to consider the proposed Youth Recreation Facility Ordinance. The matter was continued until later in the meeting. Council Minutes - 10/7/91 - Page 2 10. The Council reviewed the following bids on the Tractor Flail Mower: Firm Bid $ 36,100 36,680 38,300 41,877 Carlson Tractor Scharber and Sons Midwest Machinery Long Lake Ford Public Works Director Kaldunski stated that the Carlson Tractor bid did not meet specifications as noted in his October 3rd memo and recommended the Council award the bid to Scharber and Sons. A representative from Carlson Tractor handed out a comparison of bids noting that one deviation was hydraulics, yet the mower unit did not use hydraulics. Also the specifications requested a Mott mower and Scharber had bid a Tigre. Mr. Kaldunski indicated that the Tigre mower would exceed the specs. Attorney Harmeyer indicated that the Council should rely on the Public Works Director's expertise in determining whether or not something meets, exceeds or does not meet specifications. MOTION by Galler, second by Kuchera to adopt RESOLUTION NO. R86-91 accepting the bid of Scharber and Sons of $36,680. APIF, MOTION CARRIED. 11. Mayor Kuchera reopened the public hearing to consider the proposed Youth Recreation Facility Ordinance. Police Chief Siebenaler gave a background of the ordinance, noting it had been drafted per direction of the Council. The following testimony was heard: Will the ordinance address business partners under the "operators" definition? Att. Harmeyer: 10% interest. Also, 3-23-7 (H) should be amended to state "An applicant who has been convicted of any of the following sexually oriented crimes."- - - - Cm. Galler: Cm. Orr: The ordinance as proposed is realistically harsh and should deter any person who should not be in the business. It should not deter a legitimate business as proposed. Any responsible person could live with this ordinance. Jeff Thelen: Att. Harmeyer: MOTION by Kuchera, second by Orr to close the hearing. APIF, MOTION CARRIED. 12. MOTION by Kuchera, second by Orr to adopt ORDINANCE NO. 091-257 adopting the Youth Recreation Facility as proposed with the changes recommended by Attorney Harmeyer. APIF, MOTION CARRIED. 13. MOTION by Orr, second by Galler to approve the Waiver of Platting Request by River Valley Clinic. APIF, MOTION CARRIED. 14. MOTION by Orr, second by Kuchera to adopt RESOLUTION NO. R87-91 authorizing the issuance and sale of $905,000 General Obligation Bonds, Series 1991A. APIF, MOTION CARRIED. 15. MOTION by Orr, second by Galler to adopt RESOLUTION NO. R88-91 declaring the following costs and ordering the preparation of assessment roll for Project 91-10 (Middle School/Pine Street): ~ ..~ A -llU Council Minutes - 10/7/91 - Page 3 Construction Additional $ 986,943 217,298 1,213,772 393,950 819,818 Total City's Share Assessable APIF, MOTION CARRIED. 16. MOTION by Orr, second by Galler to adopt RESOLUTION NO. R89-91 declaring the following costs and ordering the preparation of assessment roll for Project No. 91-1 (Spruce Street): City's Share Assessable 484,876 126,068 610,944 441,257 169,687 Construction Additional Total APIF, MOTION CARRIED. 17. Public Works Director Kaldunski notified the Council that the City had not received the grading permit application and fee from Mr. Donnelly. It was the consensus of the Council that it was appreciative that the pit was closed, but the application and fee must be submitted and, therefore, directed Mr. Kaldunski to inform Mr. Donnelly as such. 18. MOTION by Orr, second by Kuchera to adopt the proposed policy relating to the City accepting private improvements which meet current City standards. APIF, MOTION CARRIED. 19. The Council considered the final payment to Macqueen Equipment for the automated packer truck. Public Works Director Kaldunski presented the various options as outlined in his October 2nd memo. A lengthy discussion followed regarding the various options. MOTION by Orr, second by Kuchera to approve final payment to Macqueen Equipment of $106,243 less $1,080 in liquidated damages to be split equally between Mack and Macqueen. APIF, MOTION CARRIED. 20. Administrator Thompson presented an update on the Resource Recovery Facility as outlined in his October 3rd memo. Administrator Thompson distributed a memo from Councilmember Mayer stating his concerns with the project. A lengthy discussion followed regarding the viability of the project and potential site. It was the consensus of the Council that the matter was too important to be decided with 3 members and that a special meeting be held on Saturday, October 19, 1991 at 8:00 A.M. at the Senior Center to discuss the matter and to invite members of the Resource Recovery Task Force and Resource Recovery Site Selection Committee to the meeting. 21. MOTION by Galler, second by Orr to adopt RESOLUTION NO. R9o-91 approving the plans and specifications for a Fire Department 4x4 chassis and ordering the advertisement for bids. APIF, MOTION CARRIED. 22. MOTION by Orr, second by Galler to adopt RESOLUTION NO. R91-91 approving recycling contracts with Knutson Materials Recovery Facility, Inc. with the addition that the contract is not assignable and to define the term "year". APIF, MOTION CARRIED. Council Minutes - 10/7/91 - Page 4 23. MOTION by Galler, second by Kuchera to adopt RESOLUTION NO. R92-91 approving the 1992 Landfill Abatement Agreement with Dakota County. APIF, MOTION CARRIED. 24. The Administrator's Evaluation was tabled until the next regular meeting. 25. MOTION by Galler, second by Orr to approve the consent agenda as follows: a. Approve August, 1991 Budget Adjustments. b. Adopt RESOLUTION NO. R93-91 relating to compliance regulations under the IRS Code for the Southeast Area Storm Sewer and Water Meter Project. c. Approve Capital Outlay Request - Parks - Grading Fair Hills. d. Approve School/Conference Request - Parks and Recreation e. Approve Capital Outlay Request - Fire - Radio - $489.00. f. Approve Capital Outlay Request - Liquor - Petersen Flooring - $1,600. g. Approve Final Payment - Project 91-8 (Seal Coat Project) - $20,371 and Budget Adjustment of $371.00. h. Approve Pay Estimate No. 1 - Sidewalk Maintenance Project - 91-11 - $12,804.62. i. Approve Change Order No. 6 - Project 91-1 - Gate Valves. j. Approve School/Conference Request - Computer/GIS - Engineering k. Approve School/Conference Request - Administration 1. Approve agreement with Tom Quam - Banners m. Approve Capital Outlay Request - Fire - SCBA and Bottles - $3,901. n. Approve School/Conference Request - Fire - State Chiefs Conference o. Approve Capital Outlay Request - Solid Waste - 90 Gallon Containers - $5,207 p. Approve amendment to the VRWMC Joint Powers Agreement. q. Approve Change Order No. 1 - Sidewalk Maintenance - Project 91-11 r. Adopt RESOLUTION NO. R94-91 approving a gambling premise for VFW. s. Approve payment of the bills as submitted. t. Adopt ORDINANCE NO. 091-258 amending Reforestation Ordinance - Planner/Forester. APIF, MOTION CARRIED. 26. The Council discussed the proposed FAU/MSA projects. It was the consensus of the Council as follows: a. 208th Street would require a mlnlmum 500' annexed strip to qualify as an MSA route (Rother farmstead excepted.) b. City Engineer to determine if Middle School costs (208th Street ) would be MSA eligible under current contract. c. City Engineer to submit change order extending Middle School Street construction project deadline until next Spring. d. Staff to determine 208th Street annexation deadline and notify Empire Township of deadline and 500' strip minimum. e. City cannot "bank" MSA funds. f. Staff to concentrate on converting excess 1992 MSA funds for maintenance funding or to bid the TH 3 Southeast Area Storm Sewer crossing. g. Staff to concentrate on 3rd Street overlay and TH 50 and 3rd Street FAU Project. 27. The following items were discussed during roundtable: a. Special meeting on October 15th for Budget discussion and to meet with employees. b. Update on Local 320 negotiations. c. It appears Carr and Malinski have reached an agreement. 28. MOTION by Orr, second by Galler to adjourn at 11:00 P.M. APIF, MOTION CARRIED. ~pectfullY submitted, ft~ Thompson ~~Adminis ator LT/mh Approved )D\v\~1/