HomeMy WebLinkAbout11.04.91 Council Minutes
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MINUTES
COUNCIL MEETING
REGULAR
NOVEMBER 4, 1991
1. Mayor Kuchera called the meeting to order at 7:00 P.M.
Members Present: Kuchera, Mayer, Orr.
Members Absent: Derington, Galler.
Also Present: Administrator Thompson, Attorney Harmeyer.
2. MOTION by Orr, second by Mayer to approve the agenda with the following
changes:
a. Snow storm overtime.
b. Blanket approval to attend LMC Policy meeting.
c. Donnelly grading permit.
d. Remove item 11c - 1~ yard dumpsters from Consent Agenda for general discussion.
APIF, MOTION CARRIED.
3. MOTION by Orr, second by Kuchera to approve the minutes of the October 15,
1991 special meeting. APIF, MOTION CARRIED.
4. MOTION by Mayer, second by Orr to approve the minutes of the October 19,
1991 special meeting. APIF, MOTION CARRIED.
5. MOTION by Orr, second by Kuchera to approve the minutes of the October 21,
1991 regular meeting. APIF, MOTION CARRIED. Councilmember Galler arrived at 7:05 P.M.
6. Dan Simon asked what the contractor intended to do on Pine Street. Public
Works Director Kaldunski indicated the contractor was scheduled tOC9fnplet~Lthe
work before November 15, 1991 and that he would send a work crew out to remove
the snow.
7. The City's Financial Advisor, Jerry Shannon, presented the following bids
on the $905,000 G.O. Issue:
Firm
FBS Investment Services, Inc.
American National Bank St. Paul
Juran and Moody, Inc.
Miller & Schroeder Financial, Inc.
John G. Kennard and Company, Inc.
Cronin and Company, Inc.
Park Investment Corporation
Robert W. Baird and Company, Inc.
Norwest Investment Services, Inc.
Moore, Juran and Company, Inc.
Piper, Jaffrey and Hopwood, Inc.
Craig Hallum, Inc.
Net Cost Net Interest Rate
$ 314,667.50 5.6996%
314,834.73 5.7026%
318,084.50 5.7615%
320,343.33 5.8024%
321,040.83 5.8150%
324,494.17 5.8776%
325,088.33 5.8883%
A discussion followed regarding the overlapping debt situation and the present
Baa-1 rating. Mr. Shannon stated the City's offering was well received. MOTION
by Orr, second by Galler to adopt RESOLUTION NO. R102-91 authorizing Issuance,
if,
l~
Council Minutes - 11/4/91 - Page 2
awarding sale, prescribing the form and details and providing for the payment of
$905,000 General Obligation Improvement Bonds, Series 1991A. APIF, MOTION CARRIED.
8. Mayor Kuchera opened a public hearing at 7:30 P.M. to consider the Silver
Springs preliminary plat. City Planner Tooker presented an overview of the
project, noting that the plat took into consideration the realignment of
CSAH 31, comprised 34 acres, was to be constructed in 2 phases, and noted the
recommendations listed by the Planning Commission (10 conditions). City Planner
Tooker recommended staff be directed to prepare a resolution stating findings
and to prepare a developer's agreement.
The following testimony was heard:
Cm. Orr:
Temporary dead end water.
Eng. Kaldunski: Yes. Approximately 1000 feet.
Cm. Orr: That means surety for the completion of Phase II.
Planner Tooker: That is consistent with Planning Commission recommendation.
Sue Perro: When is Pilot Knob going to be straightened out?
Cm. Galler: 1996.
Colleen Cunningham:
Where is the entrance?
Planner Tooker: To the north.
Colleen Cunningham:
Storm water drainage is a problem.
Eng. Kaldunski: A swale will have to be constructed emptying into the storm
sewer system.
Cm. Mayer: Will this plat present similar storm water problems as Pilot
Pointe?
Eng. Kaldunski: Yes. Off site storm water ponds and ditches will have to be
constructed.
Adm. Thompson: The Council should add securing off site storm sewer improvements
as a condition of the plat.
Cm. Orr: Has screening been considered?
Planner Tooker: Screening was discussed by staff and the Planning Commission
and it was felt the lot size was the major problem.
Cm. Orr: There should be several options available for screening and
we should start the screening with this plat.
Bill Block: (Developer) Screening could not be put in until lots were
sold and homes built.
Councilmember Derington arrived at 7:55 P.M.
Mayor Kuchera: What type of trees will be required?
Cm. Orr: That will be determined by the Planner, Engineer and Developer.
Cm. Mayer: Is there a need for bike trails like Dakota County Estates?
Planner Tooker: Not in this plat. We want to keep north/south off CSAH 31.
Cm. Mayer: What about a neighborhood park?
Planner Tooker: PARAC is looking at the low land to the east.
Cm. Orr: What is the average square footage of the lot and the smallest?
Council Minutes - 11/4/91 - Page 5
12B
13. MOTION by Orr, second by Galler to approve the CDBG agreement between the
City, Farmington HRA and Dakota County HRA contingent upon the HRA approving
the Delegation of Duties Agreement. VOTING FOR: Galler, Orr, Kuchera, Derington.
VOTING AGAINST: Mayer. MOTION CARRIED.
14. Councilmember Mayer left at 9:55 P.M. to attend the reconvened HRA meeting.
15. The Council next considered a request by ISD 192 to close a portion of
Locust Street between 12:00 Noon and 1:00 P.M.. A lengthy discussion followed
regarding the proposal. Tom Jensen was present to express his concerns regarding
the closing the entire street. Mr. Jensen stated half the block by the ballfield
would be acceptable.
16. Councilmember Mayer returned at 10:00 P.M.
17. Concerns were expressed regarding turning a City street into a playground
and potential liability. Administrator Thompson stated that he had recommended
approving the request as a sign of cooperation with the School Board. MOTION
by Derington, second by Mayer to deny the request. VOTING FOR: Mayer, Derington.
VOTING AGAINST: Galler, Orr, Kuchera. MOTION FAILED.
18. MOTION by Orr, second by Galler to close Locust Street from 6th Street
west to the east side of the alley between 12:00 Noon and 1:00 P.M. with the
following conditions:
a. No vehicles (except emergency vehicles) will be allowed in or out of the
parking lot while the street is closed.
b. No parking on the south side of Locust Street east of the alley. Hours
to be determined by the Police Chief and School District.
VOTING FOR: Orr, Kuchera, Derington, Galler. VOTING AGAINST: Mayer. MOTION
CARRIED.
19. Councilmember Galler left at 10:15 P.M.
20. MOTION by Mayer, second by Derington to condition the aforementioned action
upon the School District signing an indemnification agreement prepared by the
City Attorney. MOTION CARRIED.
21. HRA Executive Director Henricks informed the Council that the HRA had approved
the Delegation of Duties Agreement passed by the City Council. The Council
agreed to meet with the HRA on November 13, 1991 to discuss the Exchange Bank
Building project.
22. MOTION by Derington, second by Orr to appoint Councilmember Galler as the
City's EDC representative and to acknowledge continued participation. APIF,
MOTION CARRIED.
23. It was the consensus that the Council adopt a "MUSA Swap" policy as proposed
in the Administrator's October 30th memo. Said policy to be considered at the
next regular Council meeting.
24. MOTION by Orr, second by Kuchera to adopt RESOLUTION NO. RI03-91 urging
the County to pursue a co-compost facility. APIF, MOTION CARRIED.
Council Minutes - 11/4/91 - Page 6
25. The Council next considered reallocating MSA/FAD designation in anticipation
of annexing the 208th Street corridor, acknowledging the "go/no go" date for
initiating annexation would be January 14, 1992. MOTION by Derington, second
by Orr to adopt RESOLUTION NO. RI04-91 designating 3rd Street from TH 50 to
CSAH 74 as a FAD Route. APIF, MOTION CARRIED.
26. MOTION by Derington, second by Orr to adopt RESOLUTION NO. RI05-91 revoking
Flagstaff Avenue from TH 50 to 195th Street as an MSA Route contingent upon
successful annexation of the 208th Street corridor. APIF, MOTION CARRIED.
27. MOTION by Derington, second by Orr to adopt RESOLUTION NO. RI06-91 designating
208th Street from TH 3 to CSAH 31 as an MSA route contingent upon successful
annexation of the 208th Street corridor. APIF, MOTION CARRIED.
28. MOTION by Derington, second by Kuchera to adopt RESOLUTION NO. RI07-91
designating 195th Street from Flagstaff Avenue to Essex Avenue as an MSA route
contingent upon successful annexation of the 208th Street corridor. APIF, MOTION
CARRIED.
29. MOTION by Derington, second by Mayer to adopt RESOLUTION NO. RI08-91 revoking
1st Street from CSAH #74 to Walnut Street as an MSA Route. APIF, MOTION CARRIED.
30. The Council next considered the Administrator's evaluation. Councilmember
Derington stated that he felt the Administrator was doing an excellent job keeping
the Council abreast of City business. Councilmember Orr noted the biggest asset
the Administrator brought to the position was his job knowledge. Mayor Kuchera
stated it was a pleasure serving as Mayor and working with the Administrator.
31. MOTION by Orr, second by Derington to approve the Consent Agenda as follows:
a. Approve proposal by EID, Inc. - Solid Waste.
b. Adopt RESOLUTION NO. RI09-91 - Approve EPA MITE Grant Application.
c. Approve Malloy/Karnowski as City Auditor for 1991 Audit.
d. Approve School/Conference Request - Public Works Department.
e. Approve School/Conference Request - All Departments - Franklin.
f. Approve School/Conference Request - Public Works Department.
g. Extend Grading Permit to December 31, 1992 for Akin Road Elementary School.
h. Approve Payment No.2 - 91-11 - Sidewalk Maintenance - $5,410.50.
i. Approve School/Conference Request - Fire/Rescue.
j. Approve Budget Adjustment per Finance Director's October 29, 1991 memo.
k. Approve hiring permanent part time employees - Liquor Store - Robert Messinger
and Lee Meyers.
1. Approve School/Conference Request - Engineering.
m. Approve Change Order #2 - Project 91-10 - Add $1,040.84.
n. Approve agreement - Banner Cable - Tom Trevis.
o. Approve payment of the bills as submitted.
APIF, MOTION CARRIED.
32. MOTION by Orr, second by Mayer to reject the bid of Knutson Rubbish in
the amount of $2,500.00 for the used City dumpsters. APIF, MOTION CARRIED.
33. It was the consensus of the Council that the mega storm costs be funded
from contingency and that it be placed on the next Council meeting.
34. MOTION by Mayer, second by Derington to approve the grading permit application
of Bob Donnelly, to waive the fee per request, and to extend the seeding deadline
Council Minutes - November 7, 1991 - Page 3
127
Planner Tooker: 12,000t square feet is the average.
Mrs. Perro: Are there any plans for traffic lights?
Mayor Kuchera: We've been working with the County but haven't had much success.
Eng. Kaldunski: It is on the County's long range plans.
Mrs. Perro: Would the proposed airport affect the development?
Eng. Kaldunski: There is only speculation at this point.
Cm. Orr: What are the conditions?
Adm. Thompson: Survey certificate, 10 conditions by the Planning Commission,
screening and on/off site improvements.
Bill Block: Is surety required?
Adm. Thompson: For all improvements in both phases.
Bill Block: What form?
Adm. Thompson: Cash, Letter of Credit or cash escrow.
Bill Block: It is hard, if not impossible, to get surety from a bank.
I don't believe we can come up with a $1,000,000 Letter of
Credit. We would provide surety for the first phase plus one road looped to
the north.
Cm. Orr:
Bill Block:
Cm. Galler:
Bill Block:
Cm. Orr:
Adm. Thompson:
Att. Harmeyer:
Mayor Kuchera:
Adm. Thompson:
Cm. Mayer:
the taxpayers.
Cm. Orr:
Cm. Mayer:
Bill Block:
Cm. Mayer:
Bill Block:
is filed.
Adm. Thompson:
Cm. Derington:
Mayor Kuchera:
Can you do the north phase first?
The most desirable lots are to the south.
What is the lot price?
The top lot is $30,000; the average is $24,000.
Is the elimination of 188th Street acceptable?
It should be platted as an outlot.
Any platted lot should have surety for improvements.
Have we run into this before?
I believe we've always required surety for a loop.
I don't know what the problems are in financing, but we've
always required 100% surety for all improvements to protect
Would the elimination of 188th Street be a problem?
I don't know how the elimination of one street would help the
developer.
The surety would only be provided for Phase II.
You are not even providing surety for the first phase?
All cash sales would go into an escrow account for the future
improvements. The surety would be provided after the plat
That would be unacceptable because once the plat is filed,
the City loses control.
You are asking the City to leverage your development.
Have you had financial problems before?
Council Minutes - 11/4/91 - Page 4
Bill Block: Banks have changed their position dramatically.
Cm. Galler: Can the entrance be changed to the north?
Planner Tooker: The County would not allow it.
Bill Block: Maybe we could set up an escrow account where the City has
control over the funds.
Cm. Orr: You are probably looking at going to the north first.
Cm. Derington: You need to develop a better financing plan or look at developing
187th Street first. You said banks are in a different position;
so are cities.
Bill Block:
Cm. Orr:
Cm. Mayer:
Cm. Derington:
Bill Block:
Att. Harmeyer:
Bill Block:
I am suggesting a creative financing plan. I will work with
your attorney.
I still think 187th Street should be the first phase.
Even if the north is the first phase, he still can't post surety.
Why not tell the bank that you have 20 sales, that is what
you want us to believe.
I just want to discuss a plan with the attorney. 187th Street
phase would hurt the project.
On the surface, I don't like the escrow fund. I question the
legality and what would happen to the City's bond rating.
We'll have a more precise plan by the next meeting.
MOTION by Derington, second by Orr to continue the public hearing until
November 18, 1991. APIF, MOTION CARRIED.
9. MOTION by Derington, second by Orr to set a public hearing for December 2,
1991 at 7:15 P.M. to consider TIF District #3 for Lexington Standard. APIF,
MOTION CARRIED.
10. MOTION by Derington, second by Galler to set a public hearing for November 18,
1991 at 8:30 P.M. to consider renewing On-Sale, Club, On-Sale Sunday Liquor
Licenses and Therapeutic Massage Licenses. APIF, MOTION CARRIED.
11. The Council next considered a CDBG agreement with the Dakota County HRA
and Farmington HRA and the Delegation of Duties Agreement with the Farmington
HRA as outlined in the Administrator's memos dated November 1st and October 30th,
1991. Executive Director Henricks stated that the HRA has indicated that the
HRA has agreed to indemnify the City for repayment of CDBG funds and to work
in cooperation in the future to complete the Exchange Bank Building. A lengthy
discussion followed regarding communication, trust and cooperation between the
Council and the HRA. MOTION by Derington, second by Mayer to approve the CDBG
agreement between the Dakota County HRA, Farmington HRA and City to work in
cooperation towards delegation of duties. VOTING FOR: Derington, Mayer. VOTING
AGAINST: Kuchera, Galler, Orr. MOTION FAILED.
12. MOTION by Orr, second by Derington to approve the CDBG Delegation of Duties
as recommended by the HRA and City staff. HRA Member Harms noted that if the
Council approved the proposed agreement, they could possible be killing the
project. Councilmember Orr disagreed, stating that the HRA might have possible
killed the project by rejecting the staff proposal. VOTING FOR: Derington,
Galler, Orr, Kuchera. VOTING AGAINST: Mayer. MOTION CARRIED.
131
Council Minutes - 11/4/91 - Page 7
until April 15, 1992. APIF, MOTION CARRIED.
35. The following items were discussed during round table:
a. Castle Rock Conditional Use Permit - Recycling.
b. Odd/Even Parking Ban.
MOTION by Derington, second by Orr to adjourn at 11:15 P.M. APIF, MOTION CARRIED.
Respectfully submitted,
;(VThompSO
City Administrator
Approved .
11/11J/~ I