HomeMy WebLinkAbout11.18.91 Council Minutes
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MINUTES
COUNCIL MEETING
REGULAR
NOVEMBER 18, 1991
1. Mayor Kuchera called the meeting to order at 7:00 P.M.
Members Present: Kuchera, Mayer, Orr, Galler.
Members Absent: Derington.
Also Present: Administrator Thompson, Attorney Harmeyer
2. MOTION by Galler, second by Orr to approve the agenda with the following changes:
a. Add partial payment of mini-pumper.
b. Add sale of 4x4 Blazer.
c. Add discussion of Fairground parking.
APIF, MOTION CARRIED.
3. MOTION by Orr, second by Mayer to approve the minutes of the November 4, 1991
regular meeting. APIF, MOTION CARRIED.
4. Henry Iwerks commented on the following:
a. The City crew should be commended for the excellent work they did during and
after the snowstorm.
b. Correction to October 19, 1991 special meeting minutes - Item #5 was a 4-1
vote, not unanimous.
c. Quotes in the two newspaper articles from a City employee and Councilmember
which he felt did not reflect the truth, and the Council should take steps
to prevent this.
d. County Truth in Taxation meeting on November 19, 1991.
4. MOTION by Mayer, second by Kuchera to amend the October 19, 1991 regular meeting
minutes as follows:
Paragraph #5 should state: "Voting for: Mayer, Orr, Kuchera, Galler. Against:
Derington. Motion Carried." APIF, MOTION CARRIED.
5. City Engineer Kaldunski requested direction from the Council regarding the
completion of Pine Street. Mr. Kaldunski noted that the Contractor had been delayed
by the storm and was requesting the completion date for Pine Street and 208th
Street be extended until next summer. It was noted that the subcontractor had
adequate time to complete Pine Street before the storm and, therefore, should
complete the road before November 30, 1991. A lengthy discussion followed regarding
counter claims by the contractor and what amount would suffice. It was the consensus
of the Council that the contractor proceed with the road work and that at a minimum
the Pine Street trenches should be "rocked" at a 20' road width (minimum) at the
contractor's expense. 208th Street must be completed and any maintenance costs,
other than snow removal, to be at the contractor's cost.
6. MOTION by Galler, second by Orr to continue the Silver Springs subdivision
hearing until December 2, 1991. APIF, MOTION CARRIED.
7. Mayor Kuchera opened a public hearing at 7:30 P.M. to consider the proposed
assessment roll for Project 91-10 (Middle School/Pine Street). The hearing was
continued until later in the meeting.
Council Minutes - 11/18/91 - Page 2
8. Mayor Kuchera opened a public hearing at 7:30 P.M. to consider the proposed
assessment roll for Project 91-1 (Spruce Street). Administrator Thompson noted
the City had received a written appeal from Terry and Christine Schreiner and
a letter from David Carlson dated November 18, 1991. David Arndt submitted a
written appeal. The following testimony was given:
David Arndt: The City is forcing me to split my lot because of a double
assessment, plus I am being charged for sidewalk which does
not abut the future lot.
Adm.. Thompson:
Cm. Orr:
David Arndt:
Cm. Galler:
Cm. Orr:
Clayton Nielsen:
Cm. Orr:
Council opted for area wide assessments for sidewalk rather
than abutting.
Rationale was that sidewalk improvements extended beyond
abutting property.
I should have asked for sidewalk because it would not have
cost extra.
The cost of installing that section would have been spread
throughout the project.
Are there any other examples similar to Mr. Arndt? (No response.)
I was charged for sidewalk and I just installed new sidewalk.
The City still would assess throughout the project area.
Christine Schreiner: Why assess anything? Why not pay 100% ad valorem?
Adm. Thompson: The City has to assess at least 20% in order to borrow without
a referendum. It is doubtful the City could get a referendum
to pass and without borrowing the money, the City could not afford the improvement.
Christine Schreiner: I would like a copy of the assessment roll calculations,
assessment policy and the City's definition of a "buildable lot".
Terry Schreiner:
Atty Harmeyer:
Terry Schreiner:
Atty. Harmeyer:
Dave Carlson:
Adm.. Thompson:
Terry Schreiner:
Adm.. Thompson:
Cm. Orr:
David Arndt:
Who gives the City the authority to assess? Who defines
benefit?
State law gives the authority to assess and determine benefit.
Our lot did not increase the amount assessed, in fact we
lost a sale. There is no benefit.
You could bring the realtor as a witness if you appealed.
Who pays the 70%1
It comes from ad valorem taxes and utility fees.
What does a buildable lot mean? The policy doesn't make
sense.
That is a matter of opinion.
The Council went to great lengths to develop the policy with
a great deal of input from property owners affected by projects.
What if I get an appraisal indicating a $3,000 benefit?
Adm. Thompson: The City would probably counter with a different appraisal.
If the lot split is the problem, I would suggest the Council
defer the assessments against the second lot until it is split. It would require
an agreement in recordable form.
David Arndt:
That sound agreeable.
Council Minutes - 11/18/91 - Page 3
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Peter Faeber: My sidewalk was good and no utility work was done in my
area. Why was the sidewalk replaced?
Eng. Kaldunski: There was utility service work done in your area. The replacement
was ordered more for structural needs than cosmetic.
Peter Faeber: I obtained a bid to replace my driveway for $1,200 which
is substantially less than the City cost.
Eng. Kaldunski: The bids were $2.10 per square foot for 6" concrete, which
is a good price. You may have had a bid for 4" concrete.
Asst. Eng. Matthys: The Olszewski driveway should be increased by $525.00 due
to additional work. I have discussed the matter with them.
Atty. Harmeyer: Partial payment may be made to the Clerk within 30 days of
adoption of the assessment roll.
Terry Schreiner: Where does 1~% over bond rate come from?
Adm. Thompson: Council policy is to cover additional costs.
MOTION by Mayer, second by Orr to close the public hearing. APIF, MOTION CARRIED.
9. MOTION by Orr, second by Kuchera to adopt RESOLUTION NO. RIIO-91 adopting
the assessment roll for Project 91-1 (Spruce Street) as presented, except to add
$525.00 to the Olszewski property for driveway improvement. APIF, MOTION CARRIED.
10. MOTION by Orr, second by Kuchera to adopt RESOLUTION NO. Rlll-91 approving
an agreement between the City and David and Carolyn Arndt deferring one half of
the assessment until the property is split. APIF, MOTION CARRIED.
11. Mayor Kuchera reopened the public hearing to consider the proposed assessment
roll for Project 91-10 (Middle School/Pine Street). Administrator Thompson presented
a written appeal from Ordell and Helen Nordseth. Administrator Thompson also
noted that the Nordseth/ISD 1.2 assessment would be split upon filing of the Middle
School Plat and that the ISD 192 portion would be deferred until taxes payable
in 1992. Dan Simon asked if a service was provided to the Nordseth property.
City Engineer Kaldunski replied that there was no service line. MOTION by Mayer,
second by Orr to close the hearing. APIF, MOTION CARRIED.
12. MOTION by Orr, second by Galler to adop~ RESOLUTION NO. Rl12-91 adopting
the proposed assessment roll for Project 91-10 (Middle School/Pine Street) with
the interest rate reduced to 7.2% and the ISD 192 assessment deferred until taxes
payable in 1992. APIF, MOTION CARRIED.
13. Mayor Kuchera opened a public hearing to consider the following licenses:
Firm Licenses
Longbranch Saloon
Farmington Lanes
American Legion
VFW Club
Eagles
Rite Touch
On Sale and Sunday On Sale Liquor
On Sale and Sunday On Sale Liquor
On Sale and Sunday On Sale Liquor
Club and Sunday On Sale Liquor
Club and Sunday On Sale Liquor
Therapeutic Massage
MOTION by Orr, second by Kuchera to close the public hearing. APIF, MOTION CARRIED.
14. MOTION by Kuchera, second by Galler to approve the licenses as presented.
APIF, MOTION CARRIED.
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t Council Minutes - 11/18/91 - Page 4
15. MOTION by Galler, second by Orr to approve the grading permit renewal for
ISD 192 and Leonard Wangerin, Inc. APIF, MOTION CARRIED.
16. MOTION by Mayer, second by Kuchera declaring the week of November 24, 1991
as Women's Bowling Week. APIF, MOTION.
17. MOTION by Galler, second by Orr to adopt RESOLUTION NO. Rl13-91 adopting
a MUSA Exchange policy as presented by staff. APIF, MOTION CARRIED.
18. MOTION by Galler, second by Orr to adopt RESOLUTION NO. R114-91 adopting
the assessment roll for delinquent municipal accounts. APIF, MOTION CARRIED.
19. The Council received a budget report from the Finance Director noting the
Truth in Taxation hearing was to be held on December 2, 1991. It was the consensus
of the Council that it meet on November 25, 1991 at 7:15 P.M. to consider the
budget.
20. MOTION by Galler, second by Kuchera to approve the Consent Agenda as follows:
a. Approve banner cable agreement with HRA.
b. Approve budget adjustment as presented.
c. Adopt RESOLUTION NO. Rl15-91 approving snow removal agreement with MnDOT.
d. Approve Capital Outlay Request - Fire - File Cabinet.
e. Adopt RESOLUTION NO. Rl16-91 accepting donation to the Senior Center.
f. Approve payment of the bills as submitted.
APIF, MOTION CARRIED.
21. MOTION by Galler, second by Mayer to approve partial payment of $76,403.00
for the Fire Department Mini Pumper. APIF, MOTION CARRIED.
22. MOTION by Mayer, second by Galler to sell the 4x4 Blazer to Mr. Barker for
$500.00. APIF, MOTION CARRIED.
23. Councilmember Orr noted that he had received comments that the Fairground
parking restrictions should be extended into Sunnyside Addition. It was the consensus
of the Council that the interested persons should petition the Councilor talk
to Police Chief Siebenaler.
24. The following items were discussed during roundtable:
a. Update on Essex Avenue development south of 195th Street.
b. Parks and Recreation Director to have some leeway in Farmington Preserve acquisition
negotiations.
25. MOTION by Galler, second by Orr to adjourn into Executive Session to discuss
the Police Officer's Labor Agreement. APIF, MOTION CARRIED.
26. MOTION by Galler, second by Kuchera to adjourn at 10:35 P.M. APIF, MOTION
CARRIED.
~ect~submitted,
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La~-Thompso
City Administrator
Approved
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