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HomeMy WebLinkAbout04.06.92 Council Minutes MINUTES COUNCIL MEETING REGULAR APRIL 6, 1992 1. Mayor Kuchera called the meeting to order at 7:00 p.m. Members Present: Kuchera, Mayer, Orr, Rotty, Galler. Members Absent: None. Also Present: Administrator Thompson, Attorney Harmeyer. 2. Mayor Kuchera convened the annual Board of Equalization. County Assessor Bill Peterson gave a brief presentation on the process. The meeting was adjourned until later in the meeting to afford individuals the opportunity to meet with county staff. 3. MOTION by Orr, second by Rotty to approve the agenda with the following changes: a. Remove Item IIi - Wetland protection - from the consent agenda for general discussion. b. Remove Item 11j - 100-year flood plain from the agenda. c. Combine Items 5d and 7a relating to Akin Park Estates II. d. Remove Item lIe - Fire Marshall position - from the consent for general discussion. APIF, MOTION CARRIED. 4. MOTION by Orr, second by Galler to approve the minutes of the 3/16/92 regular meeting. APIF, MOTION CARRIED. 5. MOTION by Rotty, second by Galler to approve the minutes of the 3/23/92 special meeting. Voting for: Orr, Kuchera, Rotty, Galler. Abstain: Mayer. APIF, MOTION CARRIED . 6. Henry Iwerks addressed the Council on the following items: a. Congratulated Dirk Rotty on his appointment. b. Put professional services out on bid. c. Likes what is happening in Industrial Park. d. Would prefer all meetings be held at City Hall. 7. Mayor Kuchera re-opened a public hearing to consider the proposed amendment to the subdivision ordinance relating to arterial screening. Planner Tooker stated that the Planning Commission had reviewed the proposed language and concurred. MOTION by Galler, second by Orr to close the hearing. APIF, MOTION CARRIED. 8. MOTION by Orr, second by Kuchera to adopt ORDINANCE NO. 092-264 amending the subdividion Ordinance relating to arterial road screening. APIF, MOTION CARRIED. 9. Council next considered a temporary outdoor exhibition permit to hold an antique car swap meet in the downtown area. Administrator Thompson noted that the request included closing 3rd Street between Elm and Spruce. A lengthy discussion followed regarding the pros and cons of closing 3rd Street versus 2nd or Oak Streets. Kris Akin stated that there appeared to be no general opposition among the merchants. A question regarding extra police patrol was raised. MOTION by Orr, second by Galler to approve the application as presented. APIF, MOTION CARRIED. 10. Mayor Kuchera opened a public hearing at 7:30 p.m. to consider Project 92-8, 195th Street improvement. The hearing was continued until later in the meeting. Council Minutes - 4/6/92 - Page 2 11. Mayor Kuchera opened a public hearing at 7:30 p.m. to consider a proposed amendment to the subdivision ordinance relating to collection and arterial access spacing. Planner Tooker reviewed the proposed ordinance noting the purpose was to control the number of accesses for safety purposes and that 660' spacing would be allowed if left turn access was controlled. Councilmember Mayer requested clarification of the 1,000' versus 660' restrictions. Planner Tooker noted that 1,000' was a minimum requirement for right and left turn accesses. Councilmember Rotty suggested that the wording "not less than" be inserted before 660'. MOTION by Kuchera, second by Orr to refer the matter to the Planning Commission and to continue hearing until the 4/20/92 regular meeting. APIF, MOTION CARRIED. 12. Mayor Kuchera re-opened 195th Street (Project 92-8). project. the hearing to consider the proposed improvements to City Engineer Kaldunski presented an overview of the 13. Mayor Kuchera opened a public hearing at 7:45 p.m. to consider the proposed plat of Akin Park Estates 2nd. The hearing was continued until later in the meeting. 14. City Engineer installed and that separate project. Kaldunski noted that the radius for future CSAH #31 would not be the turn lane at 190th and #31 would be installed under a The following comments were heard: John Devney - How would my property be assessed. Administrator Thompson - (Lists options outlined in the Assistant Engineer's memo dated 4/3/92). Councilmember Galler - Would the City ever upgrade this road and not use MSA funds. Engineer Kaldunski - Probably not. John Devney - Why improve 195th on my property. Engineer Kaldunski - The City has to regrade the road to meet MSA standards. Councilmember Rotty - Have the easements been obtained. Engineer Kaldunski - The City has obtained all easements except the Seed Trust. Wilbur Goetze - The Seed Trust's major concern is access at 195th and #31. The 660' is better than 1,000'. The hearing was continued until later in the meeting. 15. The Council reconvened presented letters from John Mayer to close the hearing. the Annual Board of Equalization. Administrator Thompson DeBates and Milton Dunwell. MOTION by Orr, second by APIF, MOTION CARRIED. 16. Mayor Kuchera opened a public hearing at 8:00 p.m. to consider Project 92-9, 1992 sealcoating. The project was continued until later in the evening. 17. Mayor Kuchera re-opened the hearing to consider Project 92-8 - 195th Street. Administrator Thompson - I believe the Council will order the project and that the main focus should be assessments. Councilmember Galler - I would be in favor of not assessing due to minimal benefits. Councilmember Orr - I feel there would be some type of assessments, but relatively minor in terms of assessments. Councilmember Rotty - How was the east section of 195th Street assessed? Engineer Kaldunski - North side was assessed and south side was forgiven in lieu of an easement. Councilmember Rotty - I feel the County's payment should be taken into consideration. Administrator Thompson - The Council should be careful of determining assessments on MSA routes and county roads as they relate to roads like 220th Street where there definitely would be benefit. Council Minutes - 4/6/92 - Page 3 -n L Councilmember Orr - I think it would be premature to determine assessments, but that a work session should be set. MOTION by Orr, second by Rotty to close the hearing. APIF, MOTION CARRIED. 18. MOTION by Orr, second by Kuchera to adopt RESOLUTION R44-92 ordering Project 92-8 (195th Strreet) and authorizing the preparation of plans and specs. APIF, MOTION CARRIED. 19. The Council directed staff to review the arterial/collector street assessments and return at a future meeting. 20. Mayor Kuchera opened a public hearing to consider the Akin Park Estates 2nd preliminary plat. The Council also considered the Akin Park Estates P.U.D. Planner Tooker presented an overview of the P.U.D. noting, due to public opposition of the P.U.D., the developer had withdrawn his support of the project. Per the zoning ordinance, the Council was compelled to act on the P.U.D. Planner Tooker reviewed the preliminary plat noting the phasing and arterial screening and the following testimony was heard: Councilmember Orr - Does the developer wish to proceed with the P.D.D.? Jon Malinski - My first question is how does the church feel about the northwest site? If they are not interested, I would propose to develope Phase I only. Councilmember Orr - Can the church site be moved southeast? Dan Huntington - We are only interested in the southeast corner. Councilmember Orr - How about the southwest? Dan Huntington - Mr. Malinski does not want to give up the southwest. Councilmember Orr - I'd prefer to have the church site adjacent to the school but I know the Council has no control over it. Councilmember Mayer - Why do you want to change the church location from P.U.D.? Jon Malinski - It was a financial decision because of the loss of the commercial sites and apartments. Dan Huntington - The church had negotiated a price for the southeast corner. We never got a counter proposal or costs for the northwest site. The church needed answers on assessments. Harry Johnson - We could set aside money for future assessments and the church could move in immediately. We felt in good faith that the northwest was a good location. Councilmember Mayer - Where are we at. Administrator Thompson - It's up to Mr. Malinski. The Council can approve the preliminary plat for the entire area and approve the final plat for Phase I, or approve a preliminary and final plat for Phase I. Dan Huntington - Where does that leave the church? Administrator Thompson - It's up to you and Mr. Malinski. Councilmember Orr - We can approve the plat as is, but that would not shut out the church. It could be replatted. Dave Rogers - What happened to the health club and daycare? Jon Malinski - It was thrown out due to opposition. Councilmember Mayer - Itcoulrl be platted residential. Mark Culcurt - Mr. Malinski shouln be commended. We should be given consideration over the church because we are taxpayers. Also, there is the question of liability for using the school property. Dave Rogers - Is there plans for a lake on the east side of Akin Estates? Engineer Kaldunski - Yes Jerry Kingery - Council is put in a_ position of making a decision without all of the information. Is it single family detached? "The phasing is new. Council Minutes - 4/6/92 - Page 4 Administrator Thompson - The phasing is not new. The entire area is covered by the preliminary plat. Only detached single family would be allowed. Councilman Orr - The entire area is zoned R-1. Multi-family could only be allowed as a conditional use which would require a hearing. Mark Culcurt - It would require a replat? Charlie Tooker - Yes 21. MOTION by Galler, second by Orr to close the public hearing. APIF, MOTION CARRIED. 22. MOTION by Orr, second by Rotty to not approve the P.U.D. APIF, MOTION CARRIED. 23. MOTION by Rotty, second by Galler to direct staff to prepare a resolution approving the preliminary plat/find plat and developer's agreement. APIF, MOTION CARRIED . 24. Mayor Kuchera re-opened the public hearing to consider Project 92-9, 1992 sealcoating. Engineer Kaldunski gave an overview of the project noting it was proposed to assess 50% of the project and a typical lot would be assessed $29.30. Councilmember Rotty - What is a typical lot? Engineer Kaldunski - Per the city code but there were some discussions of 125' minimum. The Council should clarify this point. Russ Matthys (Distributed assessment roll) - I would like a clarification of buildable lot. Councilmember Orr - It was my understanding it was per the City Zoning Ordinance but that anything over 125' would be on a per-foot basis. Councilmember Rotty - I felt it was up to 125' would be buildable. Councilmember Galler - I thought we were just concerned about odd lots. Councilmember Mayer - I'm opposed to the assessments. It should be a maintenance item which is paid 100% through Ad Valorem taxes. Henry Iwerks - How often do you sealcoat? Councilmember Orr - Once every seven years. Henry Iwerks - Asking the taxpayers to pay an additional $29.30. Administrator Thompson - Also asking property owners who do not pay property taxes. Henry Iwerks - I assume you are doing this because you are short of money. (General agreement among the Council). Councilmember Orr - We are also doing it because of a favorable response in Lakeville by the citizens. Henry Iwerks - What percentage are in front of schools and churches. Ken Hanson - I've never been assessed by the County for sealcoating. People on county roads and state highways will never be assessed. I agree with Councilmember Mayer. Bud Lehr - What consists of sealcoating? Do you pack it. Councilmember Mayer - We crack seal first and spot patch through Ad Valorem. Bill Sauber - What happens if you have a corner lot sealcoated over two years. Assistant Engineer Matthys -That's a good point. Administrator Thompson - It wouldn't be fair to assess twice. Gale Sprute - Two members, Mayor Kuchera and Councilmember Galler will never be assessed. Councilmember Galler - #31 is going to be turned back to the City. Gale Sprute - Sunnyside was done last year and the Administrator was not assessed. Administrator Thompson - I proposed that the proj ect be assessed last year. ,1 J;L Council Minutes - 4/6/92 - Page 5 Gale Sprute - I hope we don't pattern everything after Lakeville. Based on the amount of wear and tear I put on the street, I'm over taxed. My taxes have gone up. Now my sealcoating is going on. Weight-based garbage will cost more, meters will cost more. Are you assessing dustcoating? Mayor Kuchera - They get one free application, then it is assessed. Gale Sprute - The budget could not absorb the $2S,000? Is it bare bones. You took on a full-time employee for 1992. That's a wrong move. The wear and tear on my street is not done by my truck. The City has chipped my sidewalks with their plowing. In the handout, multiple dwellings have different amounts of lots. The one on Walnut has five lots. Is that fair to homeowners. The multiple dwelling of Division St. has fourteen units. You would think that half would be assessed. Take my street off. I do not want to pay $29.30. I'll take my chances that the sealcoating will be ad valorem. Dan Mingo - Was this included in the budget? Councilmember Mayer - Only 50%. Dan Mingo - Why are we having this meeting if it's been decided. Adminstrator Thompson - It's required by law. Councilmember Rotty - Everyone's paying for this. What's the difference if you pay it now or over the seven years through ad valorem. Coucilmember Mayer - The budget did not go down the amount that is being assessed. Henry Iwerks - What is the General Fund Budget? Administrator Thompson - $2.1 million general fund. Henry Iwerks - How much are salaries in the City? Administrator Thompson - I don't know. Maybe $1.3 million. Henry Iwerks - I don't think it's fair that we are asked for a $4/year tax on sealcoating but we can't determine salaries. Coucilmember Rotty - I would rather pay $29 every seven years than replace the street and be assessed. Ken Hanson - You are adding a fee where there was not one before. Administrator Thompson - It's what's happening allover. Schools change fees for sports. It's been happening since the early 1980s. Emily Rahn - One day the County is going to assess me for straightening out #31, but I think it's worth it to keep your street in shape. Mayor Kuchera - If it's so important, I would pay $29.30 when my area is assessed. Councilmember Orr - New developments pay the first year sealcoat. Engineer Kaldunski - Yes Gale Sprute - If you can't go back to ad valorem, drop Division St. because it is unfair. If it goes ad valorem in the future then I get my $29.30 back. If not, maybe Galler and Kuchera could pay for mine. Councilmember Galler - I'd do it but put it into a fund to pay for below poverty income assessments. Don Sypal - Are you going to fix holes? Engineer Kaldunski - We normally repair the streets first. MOTION by Galler, second by Orr to close the hearing. APIF, MOTION CARRIED. 25. MOTION by Mayer to install the project with ad valorem taxes. Motion died for lack of a second. 26. MOTION by Orr, second by Kuchera to adopt RESOLUTION R45-92 ordering Project 92-9 and ordering the preparation of plans and specs. Voting for: Galler, Orr, Kuchera, Rotty. Against: Mayer. MOTION CARRIED. 27. Attorney Harmeyer presented an update on the Project 89-9 easements, noting that the City was ready to acquire a right of entry and he had a conceptual agreement with the Rahns. Councilmember Mayer asked if this easement/project was Council Minutes - 4/6/92 - Page 6 necessary without the Nelson Hills project. Engineer Kaldunski stated that the development would occur within the area which would require the improvement. 28. The Council next considered the proposed Fire Marshall position. Councilmember Galler asked for a clarification of the position and that the City was only advertising for the position. MOTION by Galler, second by Orr to approve the position and advertising for the position. APIF, MOTION CARRIED. 29. The Council next considered the animal control proposals by Bob McCallister and Gregory Goldsworthy as outlined in the Policy Chief's 3/31/91 memo. MOTION by Galler, second by Mayer to accept the two proposals for consideration for purposes of discussion. APIF, MOTION CARRIED. Discussion followed on the two proposals with a number of clarifications relating to disposal, pickup fees, types of pickups, fees the City picks up versus owner. Councilmember Orr requested that the contractors provide a further breakdown of disposal fees. It was the concensus of the Council that the contractors clarify the fees and to hold a town meeting on 4/20/92 to receive public input. 30. The Council next considered the proposed Southeast Area Storm Sewer project joint powers agreement as outlined in the Administrator's 4/1/92 memo. It was the concensus that only Option II would be acceptable. The Council also directed staff to work on a storm sewer lateral assessment policy. Attorney Harmeyer indicated he would contact the Empire Township attorney to set a meeting to discuss this matter. 31. MOTION by Galler, second by Rotty to approve the consent agenda as follows: a. Appoint EDC as CATV Advisory Board. b. Approve Erosion Control Service contract with SWCD. c. Approve project 91-10, Middle School easement. d. Supporting position that absentee voting be allowed only for listed reasons. e. Approving hauler payment contract with Dakota County. f. Approve school's and conference request - Public Works - shade tree. g. Approve school's and conferenct request - Public Works - Annual Metro Water Works conference. h. Adopt RESOLUTION R46-92 accepting petition for improvements and order feasibility report - Project 92-15 - ENRON Gas Co. sanitary sewer. i. Adopt RESOLUTION R47-92 amending Silver Springs developers agreement. j. Amend job description of Maintenance Worker II, Park Maintenance Foreman, Streets and Utilities Foreman relating to tree maintenance. k. Adopt ORDINANCE NO. 092-265 annexing certain land from Empire Township to Farmington - Johnny Bung. l. Approve capital outlay request - Pool - Heater - $4,996.00. m. Adopt ORDINANCE NO. 092-266 relating to private sewer systems. n. Approve schools and conference requests - Police Dept. - 50% reimbursement. o. Approve request to trade five breathing apparatus bottles for one new bottle - Fire Department. p. Approve budget adjustments - part time. q. Approve payment of the bills as submitted. APIF, MOTION CARRIED. 32. MOTION by Galler, second by Orr to approve an application for a Wetlands Ordinance Grant through the SWCD. APIF, MOTION CARRIED. Council Minutes - 4/6/92 - Page 7 ~ ~tE~ rl. ~_._' c:._... 33. The following items were discussed during round table: a. Meeting with HRA on 4/13/92. b. LGA update (three options proposed by State). c. "Streets of Reality" in Silver Springs. d. Middle school athletic complex - City's and school district staff plan is the preferred option. City staff should continue to pursue. e. Authorize attorney to send nature of zoning violation to Reisinger. f. Items on 4/20/92 meeting: 1) Extension of #31. 2) 19Sth Street plan. 3) Future development of the area. g. Low density housing. 34. MOTION by Kuchera, second by Orr to adjourn at 12:10 a.m. APIF, MOTION CARRIED. Respectively submitted, L~~pson CitYYA~:istrator Approved: