HomeMy WebLinkAbout05.04.92 Council Minutes
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MINUTES
COUNCIL MEETING
REGULAR
MAY 4, 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. MOTION by Galler, second by Orr to approve the agenda with the following changes:
a. Add discussion of an amendment of the Silver Springs developers agreement.
b. Move 13a up on the agenda.
APIF, MOTION CARRIED.
3. MOTION by Rotty, second by Orr to approve the minutes of the April 20, 1992
meeting with the clarification that the engineering staff could suspend operations
of the compost site without Council action in Paragraph 17. APIF, MOTION CARRIED.
4. Mary Montagne of the Dakota County Alliance for prevention gave a presentation
on the program and requested the Council appoint a person to serve as a representative
on the Board. Ms. Montagne also stated the Alliance would assist cities on a local
level.
S. Representative Bill Macklin and Senator Pat Pariseau were present to discuss
the 1992 Legislative Session and other issues concerning the City.
6. Mayor Kuchera opened a public hearing to consider a grading permit at 19331
Euclid Path atU7:15 P.M.. The hearing was continued until later in the meeting.
7. Representative Macklin and Senator Pariseau discussed the following issues:
a. Sales tax extended to cities.
b. Possible future LGA cuts.
c. Presidential Primary - reimbursement of costs by State.
d. Health Right.
e. Water testing fees.
f. MUSA Boundary legislation.
g. Sales tax exemption.
8. Mayor Kuchera opened a public hearing at 7:30 P.M. to consider the preliminary
plat of Dakota County Estates 7th Addition. The hearing was continued until later
in the meeting.
9. Discussion with the legislators continued. A lengthy discussion continued regarding
trust funds and mistrust.
10. Mayor Kuchera opened a public hearing at 7:45 P.M. to consider Project 92-7 -
4th Street Improvements. The hearing was continued until later in the meeting.
11. Discussion followed with the State representatives. The following items were
discussed:
a. State mandates.
b. Emissions testing.
c. Tax casino gambling.
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Council Minutes - 5/4/92 - Page 2
12. Emily Rahn noted concerns she had regarding the traffic problems associated
with the Streets of Reality.
13. Mayor Kuchera reopened a public hearing to consider the grading permit for
19331 Euclid Path. City Engineer Kaldunski reviewed the request to construct a
wildlife pond in the backyard of Doug Johnson. Mr. Kaldunski noted the area was
not impacted by the Wetlands Act and that the area appeared to be rather small for
the proposal. Mr. Kaldunski stated that the City had not heard from the Army Corps
of Engineers and that a decision should be tabled until the City received comments.
Doug Johnson asked if the 10' buffer would apply if he jointly constructed the pond
with his neighbor. The following questions and comments were heard:
Cm. Ratty:
Doug Johnson:
Cm. Ratty:
Doug Johnson:
Mayor Kuchera:
Doug Johnson:
Att. Harmeyer:
Cm. Mayer:
Eng. Kaldunski:
Att. Harmeyer:
Cm. Galler:
Eng. Kaldunski:
Cm. Orr:
Doug Johnson:
Eng. Kaldunski:
Cm. Orr:
Are you going to use an artificial source of water to maintain
the level?
I'm not sure.
What about the 50' buffer per DNR recommendation?
There's not enough room.
Are you going to fence the pond?
It is not required by insurance. Hopefully I will not need
one. I am still getting more information.
There could be a liability.
It's presently a storm water pond with an easement.
Yes. All work is within the easement.
It increases our liability. I would request indemnification
and additional insurance for the City.
What's the difference between this proposal and Dakota County
Estates pond?
Nothing.
You want us to wait until you get more information?
Yes.
If it's expanded, we have to readvertise and invite additional
comments.
We should decide our intention before asking Mr. Johnson to
go through additional work.
MOTION by Orr, second by Galler to continue the hearing until May 18, 1992 at 8:00 P.M..
APIF, MOTION CARRIED.
14. Mayor Kuchera opened a public hearing to consider the proposed preliminary
plat for Dakota County Estates 7th Addition. Administrator Thompson reviewed the
plat noting it substantially complied with the PUD. The following comments were
heard:
Cm. Orr:
Adm. Thompson:
Cm. Ratty:
Leslie MCMurtrey:
Is this the last phase?
No. There are possibly 2 more.
We are not requiring temporary cul-de-sacs.
The developer should fill up the existing lots first because
of weeds.
Council Minutes - 5/4/92 - Page 3
195
Debbie Benedict:
Mayor Kuchera:
Cheryl Retterath:
Eng. Kaldunski:
Cheryl Retterath:
Eng. Kaldunski:
Debbie Benedict:
We only have approximately 17 lots left.
I think what Leslie is trying to say is to keep the weeds down.
Are you going to connect with the storm sewer?
The 7th Addition will drain to the south. There will be some
grading.
What is the timing?
The project should start this Summer and be completed this Fall.
We would like to pursue 429 financing.
MOTION by Orr, second by Galler to close the hearing. APIF, MOTION CARRIED.
15. It was the consensus of the Council that staff prepare a resolution approving
the Dakota County Estates 7th preliminary plat and developers agreement for consideration
at the next meeting.
16. Mayor Kuchera opened a public hearing to consider Project 92-7 - 4th Street
Improvements. Engineer Kaldunski reviewed the feasibility report noting:
a. storm sewer improvements,
b. 38' street - widened to the east to center,
c. new sidewalk on east and replacement on west.
The following comments were heard:
Gareth Goetsch:
Eng. Kaldunski:
Gareth Goetsch:
Eng. Kaldunski:
Gareth Goetsch:
Eng. Kaldunski:
Neil Perkins:
Adm. Thompson:
Darrel Franke:
Eng. Kaldunski:
Darrel Franke:
Cm. Orr:
Eng. Kaldunski:
Neil Perkins:
Darlene Brummond:
Gareth Goetsch:
~ng.Kaldunski:
Bob Michaels:
Will the alleys be improved?
It is listed. It is up to the Council.
I don't want it. Why did you list it?
We list all possible improvements. It is up to the Council.
Can the alley be vacated?
Yes.
I don't want the alley at Hickory and 5th. I am getting hit
hard. There seems to be limited value for 2 lots.
I concur. There appears to be limited value.
Unimproved road. We are paying for it on a per unit basis.
It is spread on a per unit basis.
I don't want sidewalk. Neither does Nicolai.
If 5th and Hickory were eliminated, would the underground improve-
ments be installed.
Sewer and water.
I already have service. I would recommend it be divided into
two projects and let each stand on its own merit.
I would recommend sidewalks on the elementary side be kept and
try to slow traffic down. No one will use Hickory and 5th.
How far back would sidewalk RO?
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How do you determine cost per lot?
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Eng. Kaldunski:
Bob Michaels:
Adm. Thompson:
house is torn down.
Gareth Goetsch:
Adm. Thompson:
Cm. Ratty:
Eng. Kaldunski:
Cm. Ratty:
Mark Sol:
Eng. Kaldunski:
Adm. Thompson:
Mark Sol:
Eng. Kaldunski:
Darrel Franke:
Gareth Goetsch:
Adm. Thompson:
Roger Cook:
Adm. Thompson:
Cm. Galler:
Mayor Kuchera:
The feasibility divided by the number of lots.
Why on a per unit basis?
The Council feels it is the most fair way. There are lots that
are shown as 2 buildable lots that probably are not unless the
How do I get vacation started?
By petition.
Improvements?
The same as 4th Street.
Who pays for school water?
Is this the maximum amount?
Yes.
No. It can't be guaranteed, but it would be highly unlikely.
How long will I be without access?
3 to 4 weeks.
I'm in favor of sewer.
How are assessments paid?
They are assessed over a 10 year period of equal payments. They
can be prepaid within 30 days of adoption.
(On behalf of Auges.) I have a problem with 2 units. It is
not a buildable lot.
I agree.
We will look at it. We make adjustments.
Owners wanted larger lots for more privacy.
Adm. Thompson: Storm sewer is needed only to serve 5th and Hickory. Hopefully,
storm sewer will be installed along Ash Street which would serve
5th and Hickory much more cheaply.
Cm. Ratty: I like the sidewalk on the east. I would like staff to look
at eliminating 5th and Hickory, to vacate the alley in Block 3
of Greenway Addition and to look at single lots for Perkins, Clayton, Sol, Durbin,
Auge, and May.
Jim Purdy:
Cm. Orr:
Bonnie Purdy:
Bill Klotz:
left.
Cm. Orr:
Gareth Goetsch:
We do not want sidewalk. There does not have to be sidewalk
on both sides.
There is sidewalk on the west side of 4th Street. It should
either be eliminated or extended. Ash Street will have sidewalk.
Could it just stay on the east side?
I would like to have sidewalk scratched on the east since you
are taking 7 feet from that side. We won't have any front yard
There will probably be sidewalk on one side.
How far back will sidewalk be from the curb?
(The Council directed the Engineer to stake for the sidewalk so the Council and
property owners can review it.)
Council Minutes - 5/4/92 - Page 5
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Jim Purdy:
Eng. Kaldunski:
When will it be staked?
(A lengthy discussion followed regarding sidewalks.)
Tomorrow.
Linda Perkins:
Darlene Brummond:
Cm. Orr:
Matt May:
Cm. Ratty:
Leslie McMurtrey:
Eng. Kaldunski:
Jim Purdy:
Bill Klotz:
Eng. Kaldunski:
Darlene Brummond:
Cm. Orr:
Jim Purdy:
Herman Hagen:
Bob Michaels:
Richard Johnson:
Adm. Thompson:
Why do you want sidewalks. Kids have to be bussed anyway.
When will we know when the project is ordered?
By the next meeting probably.
Why not eliminate the whole sidewalk on 4th Street?
Good point. It is a possibility.
Why don't you put sidewalks in new developments?
We are doing it now on certain streets.
I would propose not putting in sidewalks now, but look at it
on an overall basis.
Water main was just installed 18 years ago. I don't think
it should be replaced.
It is in good shape. There are very few galvanized pipes.
I would be adamantly opposed to the elimination of sidewalks.
Are you opposed because of landscaping?
Yes. It would be hard to go around. Sidewalk is spotty all
around town. Get an overall plan.
We have a sidewalk. I would hate to lose it.
You should look how things are assessed. Consider a per foot
basis. I am for sidewalks.
Does the assessment policy vary from region to region? (19Sth
Street Project)
Staff will come to the next meeting.
MOTION by Orr, second by Rotty to continue the hearing until May 18, 1992 at 8:30 P.M.
APIF, MOTION CARRIED.
17. The Council next considered a request by Leslie McMurtrey to install a stop
sign at the intersection of 182nd Street and 183rd Street, specifically at 183rd
Street and Embers. MOTION by Orr, second by Kuchera to install 4 stop signs at
183rd and Embers. APIF, MOTION CARRIED.
18. The Council next considered a liquor store report and proposal by the developer
of the Farmington City Center to relocate the liquor store. Liquor Store Manager
Paul Asher outlined various options listed in his report dated April 29, 1992.
Councilmember Orr stated the recommendation of looking at obtaining the lot north
of the liquor store was sound policy. Councilmember Rotty asked if he felt the
store's profit would increase 15% by taking the lot. Mr. Asher stated increased
exposure should increase sales by 15%. Administrator Thompson wasn't looking to
lock into an option but felt the City had to get off dead center. George Daniels,
representing Elm Park Developers presented a proposal to relocate the liquor store
.into Farmington City Center. Mr. Daniels was asking for the Council to decide if
the City was going to expand at its present location or relocate to the City Center.
A lengthy discussion followed regarding the pros and cons of the proposals.
Councilmembers Mayer and Rotty expressed concern regarding pulling another business
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CounCl.l Minutes - 5/4/92 - Page 6
out of the downtown.
enough profit at the
the consensus of the
Manager's April 29th
Councilmember Orr stated he could not see the store generating
new location to compel him to be in favor of moving. It was
Council that staff continue with Option 3a of the Liquor Store
report.
19. The Council next considered the feasibility report for 2nd Street Parking
(Project 89-18). City Engineer Kaldunski reviewed the project noting the projected
costs were $74,764.00. A lengthy discussion followed regarding the project, including
costs, assessments and rentals. It was the consensus that the Council should assess
the costs in the 4 block downtown area and Feely's and to probably assess a greater
portion than outlined in the Finance Director's memo. MOTION by Orr, second by
Galler to adopt RESOLUTION NO. R57-92 accepting the feasibility report for Project
89-18 and setting a public hearing for June 1, 1992 at 8:00 P.M. to consider the
project. APIF, MOTION CARRIED.
20. The Council next considered a requirement for mandatory garbage as outlined
in the Administrator's memo dated April 29, 1992. The Administrator noted the Council
had the option of billing everyone or requiring an affidavit stating how their garbage
is being disposed of. MOTION by Orr, second by Mayer to direct staff to prepare
an ordinance billing every house for garbage service. VOTING FOR: Orr, Kuchera,
Ratty, Mayer. VOTING AGAINST: Galler. MOTION CARRIED.
21. The Council next considered the feasibility report for Project 92-3 (Hill Dee,
Hillview Drainage). MOTION by Galler, second by Orr to adopt RESOLUTION NO. R58-92
accepting the feasibility report for Project 92-3 and setting a hearing for
May 18, 1992 at 7:15 P.M.. APIF, MOTION CARRIED.
22. The Council next considered an amendment to the parking ordinance as recommended
in the Police Chief's memo dated April 16, 1992. Chief Siebenaler indicated the
recommendation not only precluded semis from parking overnight, but also R.V.s,
any trailers, boats, business vehicles larger than a pickup. Chief Siebenaler also
recommended that the Police Department be allowed to issue permits for temporary
overnight parking. The Council directed staff to redraft the ordinance to include
temporary permits.
23. MOTION by Galler, second by Orr to approve the Consent Agenda as follows:
a. Amend Fire Marshal job description and budget adjustment.
b. Approve interim wage adjustment for the Assistant City Engineer - $1.00/hour.
c. Adopt RESOLUTION NO. R59-92 relating to IRS Reimbursement Bond regulations.
d. Approve an agreement relating to the Lampert sanitary sewer variance.
e. Approve Engineering Intern position.
f. Adopt ORDINANCE NO. 092-268 appointing the EDC as the CATV.
g. Approve 1992 Budget Transfers.
h. Approve Change Order #5 - Project 91-10 - Middle School.
i. Approve payment of the bills as submitted.
APIF, MOTION CARRIED.
24. Administrator Thompson presented a request by the Silver Springs developer
to allow the person taking the building permit to deposit $1,000 surety for trees
and boulevard sodding. MOTION by Orr, second by Galler to approve the proposed
amendment as presented in the Attorney's May 4, 1992 memo. APIF, MOTION CARRIED.
25. The following items were discussed during roundtable:
a. Meeting with Planning Commission on May 12, 1992 - Proposed topics: Low/High
Density; Garage; Growth Issues Report; Goals and Objectives Report.
Council Minutes - 5/4/92 - Page 7
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b. Meeting with HRA on Exchange Bank Building - May 19, 1992.
c. Social Hours with Boards and Commissions.
d. Reisinger storage on CSAH 31 - extension for two weeks and nothing added, especially
fill.
e. Parks and Recreation Director to notify area residents of status of parks.
f. Update on trail acquisition.
g. Candidates for Dakota Alliance for Prevention.
h. Update on Akin Park 2nd Addition and Nelsen Hills Farm.
i. Brief discussion on the Blaha and Ristow garages.
j. Development boards.
k. Talking sessions.
l. Budget meetings - inform the public.
m. Gambling trips.
26. MOTION by Orr, second by Mayer to adjourn at 12:30 P.M. APIF, MOTION CARRIED.
Respectfully submitted,
~
Larry Thompson
City Administrator
Approved
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