HomeMy WebLinkAbout05.18.92 Council Minutes
['" r"l
~O.l
MINUTES
COUNCIL MEETING
REGULAR
MAY 18, 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 Orr, second by Rotty to approve the agenda with the following changes:
a. Remove item 9b - Audit Presentation.
b. Remove item 11a - Capital Outlay Request (Parks).
c. Remove item lIe and 11f - Dakota County Estates 7th - from Consent Agenda for
general discussion.
d. Remove item 11g - Project 92-15 Feasibility Report - ENRON Sewer.
e. Remove item 11h - Project 92-17 Feasibility Report - FAA Expansion from Consent
Agenda for general discussion.
f. Move item IIp - Labor Relations from Consent Agenda to Executive Session.
g. Add Payment of the Bills to the Consent Agenda.
h. Add School/Conference Request for Parks and Recreation.
i. Add discussion of Schreiner assessment appeal to Executive Session.
j. Remove item 11q - Maintenance Agreement for Sanitary Sewer Meter.
k. Remove item 11r - Resolution relating to Gambling Premise Permit application.
l. Add update on Farmington Preserve.
APIF, MOTION CARRIED.
3. MOTION by Galler, second by Orr to approve the minutes of the May 4, 1992 regular
meeting with the following change:
Paragraph #16 - "Engineer Kaldunski: City policy is 1 foot from the property line.
I'm not sure...I would have to measure it in the field."
APIF, MOTION CARRIED.
4. Representative Ozment was present to discuss the 1992 Legislative Session. The
following items were discussed:
a. redistricting,
b. airport issues,
c. County burner.
S. Mayor Kuchera opened a public hearing at 7:15 P.M. to consider Project 92-3 -
Hill Dee/Hillview drainage. The hearing was continued until later in the evening.
6. The Council continued its discussion with Representative Ozment addressing the
following issues:
a. Regional airport (Representative Ozment is concerned it may be relocated in
this area.
b. LGA/6~% Sales Tax.
c. Local Government Trust Fund.
d. 1-35W debate and new airport roads.
e. MUSA boundaries/bonding for schools.
f. Uniform reporting study.
g. State committee to look at local government spending.
h. Road utility fees.
Council Minutes - 5/18/92 - Page 2
7. Mayor Kuchera reopened the public hearing to consider Project 92-3 - Storm Sewer
Improvements. Assistant Engineer Matthys distributed a proposed assessment roll
based on a proposed assessment policy to be discussed later in the meeting. (A
copy was distributed to property owners present at the meeting.) City Engineer
Kaldunski reviewed the project. The following testimony was given:
Norman Vaughn: There was a problem, but I feel it has been fixed. Pilot
Knob has been increased to 4 lane through Apple Valley, wouldn't
it be best to address drainage when the road is improved?
Lynn Siebert:
I believe storm water improvement is needed. What exactly
is being assessed?
$69,020.28 will be paid by the trunk utility and $21,374.91
would be assessed.
We need a stop sign. Slow the traffic down. People are
using turn lanes as passing lanes.
Eng. Kaldunski:
Lynn Siebert:
8. Mayor Kuchera opened a public hearing at 8:00 P.M. to discuss the Wetlands Alteration
Permit. The hearing was continued until later in the meeting.
9. Testimony continued on Project 92-3.
Cm. Galler: There are no plans to extend Pilot Knob as a 4 lane road
at this time. Also, the City has requested safety measures
from the ~Q.tndl. COlA.f\+'j'
Lynn Siebert: Will we be assessed when storm sewer is extended?
Eng. Kaldunski:
Cm. Ratty:
Eng. Kaldunski:
Cm. Orr:
Eng. Kaldunski:
Not for storm sewer. Maybe for street rehab though.
When will the City complete the project?
This year pending fiscal and legal review.
Where are we at with Everton Court?
Cm. Orr:
Eng. Kaldunski:
Adm. Thompson:
Rick Perkle:
Adm. Thompson:
Cm. Galler:
Rick Perkle:
(Refers to 5/15/92 memo.) We still have a ponding problem.
I am seeking direction.
I thought that was to be addressed in the feasibility report.
It was deleted.
Jack Benedict:
You can set a public hearing for Everton Court.
Taxes have gone up 35%. I don't need additional taxes.
The City was not responsible for the tax increase.
Check your assessed value.
Spend the tax money on traffic control.
We have been fighting the County for 10 years to lower speed
limits. I would encourage the homeowners to reduce the speed
limits.
Rick Perkle:
Adm. Thompson:
Lynn Siebert:
What is the length of the assessment?
10 years at 7-7~% interest.
Could the police ticket people for passing?
Police Chief Siebenaler: We issue over half of our tickets in that area.
MOTION by Orr, second by Mayer to close the public hearing. APIF, MOTION CARRIED.
Council Minutes - 5/18/92 - Page 3
.0:....0 ~
.1;' ~ '"
L...i -'L~
10. A lengthy discussion followed regarding holding a public hearing for Everton
Court.
11. Mayor Kuchera opened a public hearing at 8:30 P.M. to consider Project 92-7
(4th, 5th and Hickory Street Improvements). The hearing was continued until later
in the meeting.
12. MOTION by Orr, second by Rotty to adopt RESOLUTION NO. R60-92 ordering Project
92-3 and directing the City Engineer to prepare plans and specifications. VOTING
FOR: Kuchera, Ratty, Mayer, Orr. AGAINST: Galler. MOTION CARRIED.
13. MOTION by Kuchera, second by Orr to adopt RESOLUTION NO. R61-92 setting a public
hearing for June 1, 1992 at 8:00 P.M. to consider the Everton Court drainage project.
APIF, MOTION CARRIED.
14. Mayor Kuchera continued the public hearing to consider a grading/wetlands alteration
permit for Doug Johnson. The following testimony was heard:
Eng. Kaldunski:
Doug Johnson:
Att. Harmeyer:
Doug Johnson:
Mr. Johnson was informed of the insurance requirements.
Would a fence work?
It may lower your premiums, but the insurance will be required.
I will probably drop the matter. I don't think I want to
get additional insurance.
Discussion followed regarding insurance and liability. It was noted that insurance
would be a condition of the permit and run with the land. MOTION by Orr, second
by Kuchera to continue the hearing until June 15, 1992 at 8:00 P.M. APIF, MOTION
CARRIED.
15. Mayor Kuchera opened a public hearing continued from earlier in the meeting
to consider Project 92-7 (4th, 5th and Hickory Street Improvements). Engineer Kaldunski
informed the Council the sidewalk, curb line and property lines had been staked.
Administrator Thompson presented a petition signed by the owners of the 4 properties
on the south end of 4th Street on the west side indicating they did not want sidewalk.
Sue Clayton indicated by phone that she wanted street, curb and water, but did not
want sidewalk. Engineer Kaldunski noted that the City had received a petition to
vacate the alley in Block 3 of Greenway Addition. The following testimony was heard:
Bonnie Purdy: I drove throughout the City and several areas do not have
sidewalks. (Presented a map.)
Cm. Orr:
The sidewalk would miss the spruce tree if it was trimmed.
We are trying to correct the sidewalk problems
Sidewalk is adjacent to the street by the elementary school.
That area is a maintenance headache.
Bonnie Purdy:
Eng. Kaldunski:
Art Ho1mes: I just moved into the area and now I've gotten all kinds
of surprises. I can see the need and concerns. Why not
widen the street and leave sidewalk by the curb. I see several discrepancies. People
have wider lots across the street, yet the same assessment.
Cm. Galler:
Art Ho1mes:
Cm. Galler:
Art Ho1mes:
We assess on a per unit basis.
Doesn't size dictate value?
Not really.
If sidewalk went closer to the curb, it would resolve many
of your problems.
Council Minutes - 5/18/92 - Page 4
Darlene Brummond:
Eng. Kaldunski:
Tom Albertson:
Linda Albertson:
Mary Goetsch:
Bob Michaels:
Eng. Kaldunski:
Bob Michaels:
Cm. Ratty:
Eng. Kaldunski:
Roger Cook:
Att. Harmeyer:
Roger Cook:
Matthias May:
Roger Cook:
Adm. Thompson:
Roger Cook:
Neil Perkins:
Gareth Goetsch:
Art Holmes:
Cm. Orr:
Couldn't you shift the sidewalk?
You would probably lose the 2 trees on 4th and Hickory.
Those are my 2 trees. I don't want them removed. I was
also shocked by the location of the stakes.
The area has not been surveyed yet.
I would like my trees removed.
How is the project bid?
All costs are bid by quantity. The contractor gives unit
prices.
If its bid by the foot, it should be assessed by the foot.
Would pine trees by the elementary school be removed?
No.
(On behalf of Carroll Auge) Have you determined if there
are 2 buildable lots?
We can assess double and defer the 2nd unit provided the
lot isn't sold.
That would be acceptable.
I have the same problem as Auge's.
Why put in additional services?
In the event a second house is built. The assessments
probably will be deferred.
Can you guarantee that?
We are considered to have 3~ buildable lots. Will mine
be deferred?
It should be per foot. If you would buy Nicolai's house,
you will pay twice as much.
It pays to have a 90' lot. They are paying less than our
60' lot.
The 60' lot includes alley.
Adm. Thompson: If the City went on a per foot basis, my cul-de-sac would
only be assessed 30' - 40'. The City did an extensive study
and did not find any cities that went on a straight per foot basis.
Art Holmes:
Eng. Kaldunski:
Art Holmes:
Mayor Kuchera:
Cm. Orr:
Bob Michaels:
Adm. Thompson:
Bob Michaels:
Eng. Kaldunski:
Is the City's share
~ \-\~':)~ev--~
Amortized 10 years
7 U interest.
higher or lower than most cities?
(a-o a.Me~d.'€d 'idctz...)
at what interest?
We are only determining if we order the project. We are
not determining assessments tonight.
What about SAC fees?
That's a good question. I will check it out.
Why replace all the sewer if not all of it is private?
The sewer is in poor shape.
Council Minutes - 5/18/92 - Page 5
(':-
Neil Perkins:
Eng. Kaldunski:
Art Holmes:
Cm. Galler:
Mark Beltz:
We would not want it.
to the arguments.
Mayor Kuchera:
Eng. Kaldunski:
Neil Perkins:
Why isn't the property on the north being assessed?
Those lots face Maple Street.
How was the school determined?
The Engineer "mirrored" the opposite side.
(Representing ISD 192). At $71,000 cost, the benefit is
arguable. The water main is assessed as a separate item.
The water quality is acceptable. Basically we are listening
The water quality is OK?
Yes.
Please explain deferment.
Adm. Thompson: The purpose of the meeting tonight is not to determine assessments.
The City has deferred in the past and required the owner
to sign an agreement stating the assessments will be paid if the property is split.
Cm. Galler:
Neil Perkins:
Art Holmes:
Cm. Galler:
Darlene Brummond:
Adm. Thompson:
Cm. Ratty:
Neil Perkins:
Sue Clayton:
Eng. Kaldunski:
Mark Beltz:
Darlene Brummond:
Linda Perkins:
Eng. Kaldunski:
Linda Perkins:
We have done it in the past. We try to do what is fair for
the whole City.
That makes sense.
Will we pick up the deferment?
No.
Is the sheet that was handed out the highest cost?
Probably on the high end based on previous projects.
Are we back to improving 5th and Hickory?
I have no objection to blacktopping the street.
I don't have City water. We need the street.
Is parking an issue in that area (5th and Hickory)?
There are problems, mostly by the school building.
The Council should allow parking.
The parking isn't safe on the grass. If they want parking,
widen the street.
As it stands, the project would be designed with "B" type
curb and parallel parking.
It is a safety problem.
Mayor Kuchera: I would recommend you look at other streets we have done.
We try to be fair with assessments but I don't think its
possible to satisfy everyone.
Att. Harmeyer:
on some properties).
Neil Perkins:
Matthias May:
Eng. Kaldunski:
school.
When the Council sends out assessment notices, they will
probably reflect the higher amounts (2 or 3 units as shown
That is a huge liability if I wish to sell my house.
I am still confused about Hickory and 5th Streets. What
are you going to improve?
A 38' street, sewer, water, no alley. The Council is leaning
towards eliminating sidewalks and water loop through the
Council Minutes - 5/18/92 - Page 6
Bill Klotz:
Last year there was money set aside for the sewer. What
happened to it?
I believe you are referring to FAU. There was FAU money
available at that time. Since then Congress has passed new
changed the requirements. We are now competing against 494's
Eng. Kaldunski:
regulations which
and 35W's.
Bill Klotz:
Eng. Kaldunski:
Where is the sidewalk going to be on the end of 4th Street?
I was recommending 1 foot from the property line. The Council
may change it.
There are nice maple trees on the end of the block. I would
hate to see the sidewalk too close to the house.
Bill Klotz:
MOTION by Orr, second by Galler to close the hearing.
APIF, MOTION CARRIED.
16. The Council discussed the following parts of the project:
a. Hickory and 5th (Perkins, Clayton, ISD 192)
b. Sidewalks on 4th Street (east and west) and alignment.
c. Alley in Block 3 of Greenway Addition.
Councilmember Orr suggested that the street, sewer and water without the loop to
ISD for the 5th and Hickory segment and sidewalk. It was the consensus that "B"
type curb be installed along 5th and Hickory because of the limited boulevard space.
It was the consensus to delete the alley improvement from the project. Engineer
Kaldunski reviewed the layout of 4th Street. It was the consensus to delete the
new sidewalk south of the existing sidewalk on the west side of 4th Street and to
install the sidewalk 6 feet behind the curb on the east side of 4th Street. (Maple
Street removed) and larger trees removed. Councilmember Galler indicated he was
against planting larger caliper trees. It was noted that the sidewalk on the west
side of the road may be installed at some point and it would be assessed at 100%.
MOTION by Orr, second by Mayer to adopt RESOLUTION NO. R62-92 ordering Project 92-7
(4th, 5th and Hickory Streets) and directing the preparation of plans and specifications
with the following conditions:
a. Leave west curb line in the same location.
b. No sidewalk on the last 4 residences on the west.
c. Sidewalk on east side would be 6' from curb line.
d. Sidewalk on ISD 192 would be 6'.
e. 5th and Hickory would be sanitary sewer, water, street, curb and gutter, with
the deletion of the water main loop to the school.
f. 4th Street Trees - 3" caliper.
g. Delete alley improvement.
APIF, MOTION CARRIED.
17. The Council next considered a request to amend the dog ordinance to allow more
than 2 dogs or to grant a kennel license. Administrator Thompson stated a kennel
license would not be allowed. Discussion followed regarding the issuance of a special
permit. It was the consensus of the staff to draft an ordinance relating to special
permits for more than 2 dogs, neutered, and compliance through attrition.
18. The Council next discussed casino day trips. Parks and Recreation Director
Bell presented a background report on the issue noting the Travel Connection and
City Administrator's concerns. Connie Fifarek stated that her concern was using
an out of town agency. It was the consensus that the City would continue to sponsor
day trips to casinos and to keep channels of communication open with local agencies
and businesses.
Council Minutes - 5/18/92 - Page 7
~Jn
,,"~,:;j ~ ~'
19. The Council next considered a request by Jack Benedict to consider his payment
in lieu for park dedication on the 7th Addition. Attorney Ernie Darflinger argued
that the payment violated State Law. Mr. Benedict indicated the added costs were
hurting his business. Administrator Thompson stated that the fee was based on the
impact of the 62 units versus a per acre charge. Attorney Darflinger stated the
Council was bound by the Statutes and that the Council would be ordered by the courts
to reduce the fees. Councilmember Galler stated that changing the fees after the
PUD was approved could be a burden and that perhaps the ordinance should be reviewed.
MOTION by Orr, second by Kuchera to adopt RESOLUTION NO. R63-92 approving the pre-
liminary plat and authorizing the signing of the final plat for Dakota County Estates
7th Addition. APIF, MOTION CARRIED.
20. MOTION by Orr, second by Rotty to adopt RESOLUTION NO. R64-92 approving tlevelopers
agreement forDCE 7th Addition as presented with the waiving of the 2 years principal
and interest surety on the assessment. APIF, MOTION CARRIED.
21. The Council directed staff to review the parkland dedication ordinance.
22. MOTION by Kuchera, second by Galler to appoint Cindy Moody as the local represen-
tative to the Dakota Alliance for Prevention. APIF, MOTION CARRIED.
23. The Council next considered the proposed mandatory collection ordinance.
Administrator Thompson recommended the exceptions under 7-1-2. Gary Cameron stated
the ordinance would penalize him since he only produces one bag a week which he
takes to his father's place. Assistant Engineer Matthys stated that staff had looked
at requiring a signed affidavit which stated where people were disposing of their
garbage. Councilmember Galler strongly favored that approach. MOTION by Orr, second
by Mayer to adopt ORDINANCE NO. 092-269 relating to mandatory garbage collection
adding the exceptions under 7-1-2: C-F. VOTING FOR: Mayer, Orr, Kuchera, Ratty.
AGAINST: Galler. MOTION CARRIED.
24. The Council next considered the proposed assessment for limited access roads
and storm sewer laterals as outlined in Assistant Engineer Matthys' memo dated
May 14, 1992. Mr. Matthys explained the policy noting examples. Due to the late
hour, the matter was tabled until the next meeting.
25. The Council next considered the proposed parking ordinance. Police Chief Siebenaler
asked for additional direction in drafting the ordinance. The Council directed
the Police Chief to draft the ordinance.
26. Attorney Harmeyer presented an update on the Reisinger Farm Road noting he
was planning to apply for a conditional use. Attorney Harmeyer recommended the
Council proceed with prosecution contending a violation was occurring each day.
It was the consensus of the Council to proceed with the citation.
27. The Council next considered the results of the April 1, 1992 survey. No action
was taken at this time.
28. The Council next considered the Southeast Area Storm Sewer Project. It was
the consensus of the Council that staff meet with Empire's attorney and set up a
meeting between the Council and Town Boards.
29. It was the consensus of the Council to meet in special session on Monday,
June 7, 1992 at 7:00 P.M. to discuss growth issues and goals and objectives.
30. MOTION by Orr, second by Mayer to approve the Consent Agenda as follows:
a. Approve easement agreement between the City and Russell and Emily Rahn for
Council Minutes - May 18, 1992 - Page 8
Project 89-9.
b. Approve meter equipment replacement.
c. Approve capital outlay request - Public Works -culvert steamer.
d. Blanket approval to attend LMC Conference.
e. Approve School/Conference Request - Public Works Tree Correspondence Course.
f. Approve Joint Powers Agreement - water testing.
g. Adopt RESOLUTION NO. R65-92 awarding the bid for Project 92-8 - 19Sth Street
Improvements - Ryan Contracting - $231,365.41.
h. Adopt RESOLUTION NO. R66-92 awarding the bid for Project 92-9 - Seal Coating -
Allied Blacktop for $17,337.46.
i. Release 1992 CIP Funds and establish 1993 Budget Calendar.
j. Adopt 1993 ALF Operating Budget.
k. Approve payment of the bills as submitted.
APIF, MOTION CARRIED.
31. The Council next considered the feasibility report for Project 92-17 (FAA Expansion).
MOTION by Orr, second by Rotty to adopt RESOLUTION NO. R67-92 accepting a feasibility
report for Project 92-17 and setting a public hearing for June 1, 1992 at 8:30 P.M.
to consider such improvements. APIF, MOTION CARRIED.
32. Councilmember Galler stated he had requested the Kasota Boosters Club Gambling
application pulled from the Consent Agenda because of the unique arrangement. A
lengthy discussion followed regarding possible controls over where the money was
spent. MOTION by Galler, second by Orr to adopt RESOLUTION NO. R68-92 approving
the Kasota Boosters Gambling License at Farmington Lanes. APIF, MOTION CARRIED.
33. Staff was directed to research the gambling ordinance.
34. MOTION by Rotty, second by Kuchera to approve the School/Conference Request
for Parks and Recreation - Playground Leadership. APIF, MOTION CARRIED.
35. Parks and Recreation Director Bell updated the Council on the Farmington Preserve
noting that appraisals were coming in high and that the Council should notify the
owners that the Council was going to proceed with condemnation. Mr. Bell suggested
working out a deal with Jon Malinski to dedicate his land as property is developed
on top of the hill and to hold off on the Stegmaier's. The Council directed staff
to send a letter to the owners that a written counter offer be submitted by
June 1, 1992 or the Council would begin condemnation.
36. Councilmember Galler thanked Jim Bell and the other volunteers who worked on
the park shelter.
37. MOTION by Orr, second by Kuchera to go into Executive Session.
CARRIED.
APIF, MOTION
38. MOTION by Orr, second by Kuchera to adjourn at 2:30 A.M. APIF, MOTION CARRIED.
Respectfully submitted,
;(6rThOmpso
City Administrator
Approved
rJ11 ~L- - ()r) ~ ~l\OJ&