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HomeMy WebLinkAbout07.20.92 Council Minutes MINUTES COUNCIL MEETING REGULAR JULY 20, 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 Mayer to approve the agenda with the following changes: a. Remove item 11c - Equipment Purchase - Public Works b. Remove item lId - Equipment Purchase - Public Works c. Remove item lIe - Equipment Purchase - Public Works d. Add discussion of Strategic Plan. APIF, MOTION CARRIED. 3. MOTION by Rotty, second by Galler to approve the minutes of the July 6, 1992 regular meeting agenda with the amendment that Councilmember Orr abstained under paragraph 18. APIF, MOTION CARRIED. 4. Henry Iwerks raised the following items during Citizens Comments: a. Who has the legal authority to set up or change the EDC? (Any of the four groups involved with the EDC.) b. Newspaper has miscommunicated various items, including meter horns. c. Would like to address the members of the Heritage Development Committee. d. Yard waste demonstrations at County Fair - who pays the salary? e. Weed complaints. f. Does the City take citizen comments seriously? - e.g. bidding insurance, legal auditing, weed complaints. Dan Simon addressed the Council on the Pine Street project regarding retainage and penalties for not meeting the project deadline. Engineer Kaldunski stated that the City did have a penalty clause. 5. Congressman Ramstad's representative, Dave Hetland, introduced himself to the Council. 6. The Council next considered a recommendation to establish a Heritage Preservation Commission. Harvey Snyder presented an overview of the proposal noting the major purpose would be to preserve the downtown. Councilmember Orr suggested a mission statement and by-laws. 7. Mayor Kuchera opened the following public hearing at 7:30 P.M.: a. Vacating of alley in Block 3, Greenway Addition. b. Amending Title 2-10-11 relating to boulevard tree species. The hearings were continued until later in the evening. 8. The Heritage Preservation Commission was further discussed. Mr. Snyder was seeking direction as to whether the group was heading in the right direction. Henry Iwerks clarified that he was not opposed to the rehabilitation of the Exchange Bank Building but was concerned about using taxpayer's dollars. 7/20/92 - Council Minutes - Page 2 9. The Council reopened a public hearing to consider the vacation of the alley in Block 3, Greenway Addition. Engineer Kaldunski noted 100% of the abutting property owners had petitioned to vacate the unimproved alley and added that the Council should retain the utility easements. Questions were raised regarding the private easement for sewer. Attorney Harmeyer stated since the Council approved the installation of the private sewer, the public utility easement would suffice. MOTION by Orr, second by Rotty to close the public hearing. APIF, MOTION CARRIED. 10. MOTION by Orr, second by Galler to adopt RESOLUTION NO. R83-92 vacating the alley in Block 3, Greenway Addition subject to retaining all public and private utility easements. APIF, MOTION CARRIED. 11. Mayor Kuchera reopened the public hearing to amend Title 2-10-11 of the City Code removing certain tree species on boulevards. Engineer Kaldunski noted the recommendation was to eliminate unsuitable species. Engineer Kaldunski noted the changes. Marvin Wier stated the Planner should be given the flexibility to name the trees rather than list them in an ordinance. MOTION by Rotty, second by Orr to close the public hearing. APIF, MOTION CARRIED. 12. MOTION by Rotty, second by Orr to adopt ORDINANCE NO. 092-273 establishing allowable street tree species. APIF, MOTION CARRIED. 13. Financial Advisor Jerry Shannon presented a resolution stating terms and conditions for the sale of the $1,375,000 noting the bonds were to finance approximately $1,700,000 of projects and that $1,100,000 would be assessed. Mr. Shannon estimated that the net interest rate would be 5.5%. He also noted that the bond would not have a call date because of a potential penalty. MOTION by Orr, second by Kuchera to adopt RESOLUTION NO. R84-92 setting the terms and conditions for the sale of the $1,375,000 G.O. Bond Issue. APIF, MOTION CARRIED. 14. MOTION by Orr, second by Rotty to set a public hearing for August 3, 1992 at 8:30 P.M. to consider a grading permit for the proposed Middle School ballfields. APIF, MOTION CARRIED. 15. The Council next considered the water utility ordinance relating to water meters. Engineer Kaldunski presented a model of the meter noting estimated cost for typical installations were from $35.00 to $150.00. Concerns were expressed again regarding hardship cases such as finished basements or older services. It was also suggested that the Water Board bid the installation to get a uniform rate or to prevent bypassing. Engineer Kaldunski also presented a comparison of the Badger meter versus the Sensus meter which was rejected. The following questions and concerns were raised: a. life expectancy (20-30 years), b. whose advantage if meter wears out (customer), c. potential monitoring, d. quarterly reading - cost and who pays - could reading be contracted out to another utility (City has not determined how manpower would be utilized), e. possible staging of installation, f. require all residents to hook up and who pays, g. private well - County requires a license - most sand points prohibited, h. costs exceed the benefit of meters - upfront and labor costs, i. hardships for senior citizens, j. additional wells and storage facilities, k. need to conserve wells, I. inevitability of water meters. 7/20/92 - Council Minutes - Page 3 28~) MOTION by Orr, second by Galler to adopt ORDINANCE NO. 092-274 amending Title 8, Chapter 3 relating to water meter installation within one year. The following comments were made: a. Water meters will be inevitable. b. Hardship installations should be addressed. c. Bills should be based on usage. VOTING FOR THE MOTION: Kuchera, Ratty, Galler, Orr. AGAINST: Mayer. MOTION CARRIED . 16. The Council next considered a proposed developer's agreement with the FAA. The major discussion centered on the assessment split based on the FAA's potential use of the street. It was indicated the private properties should not be assessed. MOTION by Galler, second by Kuchera to approve the agreement with an 80% FAA/20% City split and that the City would not assess costs to the private owners except for direct benefits such as driveways and services. VOTING FOR: Ratty, Galler, Mayer, Kuchera. ABSTAIN: Orr. MOTION CARRIED. 17. The Council next considered an amendment to the mandatory garbage ordinance which would allow exemption by affidavit. MOTION by Galler, second by Kuchera to adopt ORDINANCE NO. 092-275 amending Ordinance 7-1-8 relating to mandatory garbage collection by allowing exemption by affidavits to be renewed on an annual basis and to direct staff to look at an administrative fine system. APIF, MOTION CARRIED. 18. MOTION by Mayer, second by Orr to approve the Consent Agenda as follows: a. Approve Pay Estimate #4 for Project 91-10 - Arcon Construction - $177,695.26. b. Approve Final Pay Estimate for Project 92-1 - ADS Environmental Services - $25,000. c. Approve Capital Outlay Request - Public Works - seventy-five 90 gallon containers - $4,350.00. d. Adopt RESOLUTION NO. R85-92 accepting a petition for annexation from Robert Adelmann. e. Adopt Supplement #2 to the existing CDBG Cooperative Agreement relating to fair housing and excessive force. f. Adopt RESOLUTION NO. R86-92 approving Silver Springs 2nd Addition preliminary plat and approving the developer's agreement. g. Approve Design Study for Farmington and conceptual funding. h. Adopt RESOLUTION NO. R87-92 approving an application for Minnesota Gambling Premise Permit for St. Michael's Church. i. Adopt ORDINANCE NO. 092-276 amending the dog ordinance per Council direction. j. Adopt RESOLUTION NO. R88-92 amending fees relating to dog permits - 3rd dog ($25), 4th dog ($50). k. Clarify policy relating to expiration of building permits per Administrative Assistant's memo of July 13, 1992. 1. Adopt RESOLUTION NO. R89-92 approving plans and specifications and authorizing advertisement for bids - Project 92-16 - Dakota County Estates 7th Addition. m. Approve position relating to Metropolitan Council population forecasts. n. Approve School/Conference Requests - Arena - $580.00, Parks - $20.00. o. Approve assessment agreement reducing Schreiner's assessment for 1991 Street Improvement Project by $435.00. p. Approve payment of the bills as submitted. APIF, MOTION CARRIED. 19. The Council next considered resolutions relating to condemnation of Reisinger and Stegmaier properties for the Farmington Preserve. MOTION by Orr, second by Galler to adopt RESOLUTION NO. R90-92 declaring public purpose and use of eminent domain and acquiring certain real property for park purposes - Reisinger property. APIF, MOTION CARRIED. 7/20/92 - Council Minutes - Page 4 20. MOTION by Rotty, second by Mayer to adopt RESOLUTION NO. R91-92 declaring public purpose and use of eminent domain and acquiring certain real properties for park purposes - Stegmaier property. APIF, MOTION CARRIED. 21. Councilmember Galler presented an overview of the preliminary draft of the Strategic Plan which he and the Administrator had worked on. Mr. Galler stated that a full draft would be presented in the future. 22. The following items were discussed during roundtable: a. Meet separately with Castle Rock and Empire Townships. b. Update on County Road 31 turn lanes. c. Nelsen Hills warranty deed submitted on July 16, 1992 rather than July 15, 1992. d. Council enjoyed the "walk" with the Design Center. 23. MOTION by Galler, second by Orr to adjourn at 10:50 P.M. APIF, MOTION CARRIED. Respectfully submitted, :472r- Larry Thompson City Administrator Approved ~\ ~\q&