HomeMy WebLinkAbout08.03.92 Council Minutes
24i
MINUTES
COUNCIL MEETING
REGULAR
AUGUST 3, 1992
1. Mayor Kuchera called the meeting to order at 7:00 P.M.
Members Present: Kuchera, Mayer, Orr, Galler, Rotty.
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 IlL - Capital Outlay Request - Public Works.
b. Remove item 11m - Accept Drainage Easement.
c. Move item 11f - Project 89-9 - Storm Sewer Trunk Improvement - Award Contract -
from the Consent Agenda for discussion with Nelsen Hills Farm easement and warranty
deed.
d. Pull item 11g - Project 92-3 - Storm Sewer Trunk Improvements - Award Contract -
for general discussion.
APIF, MOTION CARRIED.
3. MOTION by Orr, second by Galler to approve the minutes of July 20, 1992 regular
meeting. APIF, MOTION CARRIED.
4. Dr. Murray Hunter was present to discuss the attorney's fees reimbursement for
correcting the deed on the former clinic property. It was the consensus of the Council
that the matter be placed on the August 17, 1992 agenda.
5. Henry Iwerks asked if the Hanson, Galler and Henricks property had received weed
notices. It was noted that notices had been sent to the owners of platted property,
but unplatted property was excluded. Councilmember Rotty stated that staff was preparing
a packet on weed ordinances. Mr. Iwerks questioned the City's estimate on water meter
fees and potential water savings. Councilmember Orr stated that the discussion had
been in context of water consumption, not billings.
6. Ed Nelson stated that he had received several comments from the square dance chapters.
Mr. Nelson asked if a stop sign could be placed at 7th and Main Streets because people
were bypassing the stoplight.
7. Dan Simon asked if the school property was platted. Administrator Thompson stated
that it was.
8. Gene Ozment was present on behalf of Arpal Nyikos-Kiss to request reimbursement
for a broken windshield at the softball fields. A lengthy discussion followed regarding
the request, including:
a. setting precedent for future claims,
b. a gap in tournament sponsor's insurance,
c. responsibility/liability (e.g. golf course precedent),
d. contacting participants to pay.
The Council directed the Parks and Recreation Director to contact the tournament sponsor
or participant;s to pay for the damages and if they disagree, to revoke their playing
privileges (by the next regular meeting).
9. The Council next considered the progress on the Pine Street project. City Engineer
Kaldunski noted the project was not completed as outlined in his July 30, 1992 memo.
Mr. Kaldunski stated very little work had taken place on Pine Street. Dan Simon expressed
concern regarding the lack of topsoil on the site. Disappointment was expressed
Council Minutes - 8/3/92 - Page 2
regarding the apparent disregard of the Council instruction to concentrate on Pine
Street. It was the consensus of the Council that the contractor be notified that
Pine Street be completed by August 14, 1992 or the City would take steps to remove
the contractor from the project. Dan Simon expressed concern that Arcon was being
penalized for the problems encountered with the subcontractor. The Council directed
staff to address the liquidated damages clause in future projects relating it to the
cost of the contract.
10. The Council next considered a request from Farm Bureau Insurance for a municipal
service refund. Finance Director Henneke recommended a credit of $211.75 as explained
in his July 29, 1992 memo.
11. Mayor Kuch~ra opened a public hearing at 8:15 P.M. to consider vacating a portion
of Oak Street. The hearing was continued until later in the meeting.
12. The Farm Bureau utility bill was considered further. Councilmember
that the number of billidg units should be added to the utility bills.
to issue a credit of 50% of the claim. MOTION by Orr, second by Rotty
credit to Farm Bureau Insurance for $491.88. APIF, MOTION CARRIED.
Orr suggested
It was suggested
to issue a
13. The Oak Street vacation hearing was reopened. HRA Executive Director Henricks
presented a new site plan which indicated a 20' x 279' strip on the east end of the
block. The following comments were offered.
Cm. Orr:
Dir. Henricks:
Cm. Ratty:
Mike Mulroni:
inception. )
Has this been presented to the HRA?
No.
Why are parking spaces accessing Oak Street?
Because of site limitations and to save the maple trees.
(Mr. Mulroni presented the changes in parking since the project's
14. Mayor Kuchera opened a public hearing at 8:30 P.M. to consider the Middle School
ballfield grading permit. The hearing was continued until later in the meeting.
15. The Oak Street hearing testimony continued:
Cm. Ratty: Could you revise the parking to keep the boulevard?
Mr. Mulroni:
Planner Tooker:
Cm. Orr:
Eng. Kaldunski:
Craig Moleski:
Eng. Kaldunski:
Pat Ostlie:
Dir. Henricks:
Jim McCann:
John Briscoe:
You could, but it would eliminate the green space in front of
the building.
Once Lamperts expands, Oak Street will have limited use.
If Oak Street would be a through street, I would be opposed.
The sidewalk should be changed.
It has been changed.
I have concerns with some of the utilities adjacent to the site.
What's going in? Will I be assessed?
A 45 unit apartment building. Sidewalks will not be assessed.
What's going to happen to 105 Oak Street?
We have approached the real estate agent to purchase the property.
Council Minutes - 8/3/92 - Page 3
Dir. Henricks:
Jim McCann:
The developer has made an offer to purchase and move the building.
The agent hasn't contacted me.
Pat Ostlie: We are backed up to the project. What's happening to 101 Oak
Street? I don't want 60' of sidewalk that old. What's going
to happen to the street. We have not been notified until this meeting.
Adm. Thompson:
This hearing is on the vacation of Oak Street. If the Council
is considering the vacation of Oak Street it should be done
connected to conditional use, building permit, property acquisition
with contingencies
and so on.
Could you clarify the project?
It will be a 45 unit adult housing - not elderly. It will consist
of 1, 2 and 3 bedroom apartments.
John Briscoe: HUD will not allow elderly housing. HUD has required a number
of changes relating to setbacks from the railroad tracks and
based on demographics, larger units would be required. Under Federal Law you cannot
discriminate, but if it's operated as an elderly apartment for 3 years, it can exist
as an elderly complex.
Cm. Mayer:
Dir. Henricks:
Cm. Ratty:
Do your market studies show you need 3 bedrooms at $720/month
for adult housing?
A majority of units built in the metro area are 3 bedroom apartments.
What kind of assurances will we have that the 3 bedroom units
will only be rented to adults?
I can't give any assurances. We are directing our marketing
toward adults. After the 3rd year, it would convert to elderly.
Is it a good atmosphere to mix elderly and young? It could
happen.
We have built one in Frogtown.
Will the buildings have elevators:
Yes. One elevator with sprinklers.
Mr. Briscoe:
Mayor Kuchera:
John Briscoe:
Mayor Kuchera:
Mr. Briscoe:
Ed Nelson:
Mr. Briscoe:
Pat Ostlie: There isn't going to be any brick. Will it turn into low cost
housing - 2 to 3 bedrooms with aluminum siding? I don't know
what you consider adult?
Mike Mulroni:
It will either be wood lap or vinyl siding.
Cm. Galler:
Who is managing?
Have rules been written?
Mr. Briscoe:
Mayor Kuchera:
Mr. Briscoe:
We will manage with very strict rules.
Will it be fenced?
That hasn't been discussed.
Eng. Kaldunski:
We need senior housing, but the 3 bedrooms scare me.
What about the street?
There were plans to upgrade Oak Street but I'm not certain as
to the status.
Mayor Kuchera:
Pat Ostlie:
Council Minutes - 8/3/92 - Page 4
Cm. Orr:
Mike Mulroni:
If the street is to be changed, it will impact Ostlie's.
Our construction shouldn't disturb the street.
Adm. Thompson: It may be frustrating that we don't have all the answers, but
we have just gotten the site plan. We will be reviewing the
plans and several contingencies would be attached to the vacation.
MOTION by Orr, second by Galler to continue the hearing until August 17, 1992 at 8:00 P.M..
APIF, MOTION CARRIED.
16. The Council directed staff to prepare a resolution listing contingencies for
vacation of portions of Oak Street. It was noted that the Planning Commission and
HRA would also need to take action on this project.
17. Mayor Kuchera opened the hearing on the Middle School ballfields grading permit.
Warren Sifferath:
Andy Matzky (ATSR):
Ed Nelson:
Warren Sifferath:
Dan Simon:
Andy Matzke:
Cm. Ratty:
Warren Sifferath:
Mayor Kuchera:
Andy Matzke:
Cm. Ratty:
Warren Sifferath:
Dan Simon:
Cm. Galler:
Eng. Kaldunski:
Vern Kelly:
Andy Matzke:
Mayor Kuchera:
Eng. Kaldunski:
[Introduced School representatives and presented background
information on the project.]
[Explained the design of the project noting: 1) orientation,
2) 1% grade to outfields, 3) drainage patterns, and 4) varsity
field would only be constructed at this time. Junior varsity
will only be graded and seeded.]
How many kids will the middle school house?
This is a varsity field.
There are three residences. What is the relationship to the
houses? Where will people park? Will it be lighted?
(Shows where houses are.) No parking is planned off of Pine
Street at this time. Lighting isn't in the budget at this time.
People are going to park on Pine Street. Are you going to screen
the houses?
We do not have money in the budget for parking. The people
would park in the Middle School parking lot.
What is being proposed in the northeast corner?
It is vacant land.
Are you going to screen?
We have no intention of fencing all the way to the railroad
tracks. We could possibly fence by the adjacent owner.
People will take short cuts unless its fenced and Pine Street
will be solid cars.
We can control parking with signs. The pathway may be a problem.
Will runoff be minimal?
About the same as agricultural.
Where will people access the site?
It will presently be served from the middle school. A future
parking lot will be served off of Pine Street.
How close will that access be to the private residence?
150':!:.
Council Minutes - 8/3/92 - Page 5
Why didn't you locate field in the southwest? It would have
allowed options in the future.
It required additional fill.
What if you used less fill or drained mainly to the river?
There would only be a 1/2% grade.
What percentage of the middle school site is being used for
fields versus buildings?
A small percentage is for buildings because you can use building
space more efficiently.
Cm. Mayer: It's good to have input, but we are only looking at a grading
permit and I assume the grading meets City standards and a parking
lot could be developed.
Cm. Ratty:
Eng. Kaldunski:
Cm. Orr:
Warren Sifferath:
Dan Simon:
Jim Bell:
Eng. Kaldunski:
bonding requirements.
Cm. Mayer:
Warren Sifferath:
Adm. Thompson:
Warren Sifferath:
Jim Bell:
Andy Matzke:
Henry Iwerks:
Warren Sifferath:
Eng. Kaldunski:
Cm. Mayer:
Eng. Kaldunski:
Cm. Orr:
Eng. Kaldunski:
How would you control parking on CSAH 31?
We would have to ask the County.
How far will you fence the fields? Would you try to discourage
kids from crossing the highway?
We would have preferred to keep the original ballfields, but
we saw the FAA expansion as a benefit to the community.
Who's going to be responsible for foul balls?
I've recommended that a screen be installed to prevent problems.
Some fill is being placed on City property. Some silt fence
has to be installed. Also, I need cost estimates to calculate
I am still concerned with parking in the future. 25 to 30 spaces
won't adequately address the needs.
It's no more or less than we have now.
Yes.
Could drainage handle parking lot runoff?
A parking lot was not in the plans, so I did not review the
hydraulics.
Homeowners should approach the School Board with concerns regarding
parking lot and pedestrian crossing concerns.
Dust control should be addressed.
MOTION by~- Galler, second by Orr to close the public hearing.
18. MOTION by Galler, second by Rotty to approve the grading permit as submitted
acknowledging that City land will be affected by fill, that surety shall be calculated
by the Engineer, that silt fence be added, and that $100 fee shall be submitted.
APIF, MOTION CARRIED.
19. The Council next considered the Nelsen Hills Farm plat easements and Project 89-9
bids. Kevin Von Riedel indicated that Heritage Development had not arrived at an
agreement with the Schlawins and requested the City allow time to continue the negotiations
or go to condemnation, and to allow Heritage to move ahead with the plat. Councilmember
Mayer indicated that the plat was extended contingent upon the warranty deed being
submitted by July 15, 1992. It was not submitted until July 16, 1992 so, therefore,
did the plat expire at that time? City Attorney Harmeyer stated the City wouldn't
be selling the lots, but if the City had knowledge the City would probably be brought
Council Minutes - 8/3/92 - Page 6
into a lawsuit. Clifford Nelsen stated that one car body was put in the ground to
stop erosion. A lengthy discussion followed regarding the warranty deed for Pond
AP-4. Mr. Von Riedel apologized for not having the deed in on time because he mis-
understood the deadline requirements. MOTION by Orr, second by Kuchera to extend
the date for the warranty deed to be delivered until July 16, 1992. APIF, MOTION
CARRIED .
20. Discussion followed regarding the progress made on the easement acquisition.
Mr. Von Riedel stated that they were still far apart monetarily. Craig Schlawin stated
they had made progress on several points, but the dollar figures were far apart. It
was suggested that the two parties get together and discuss the matter further. The
matter was tabled until later in the evening.
21. The Council considered a proposed ordinance extending the Mayor's term from 2
to 4 years. A lengthy discussion followed regarding the pros and cons of the change.
MOTION by Orr, second by Galler to adopt ORDINANCE NO. 092-277 relating to the Mayor's
term. VOTING FOR: Galler, Orr, Ratty. VOTING AGAINST: Mayer. ABSTAIN: Kuchera.
MOTION CARRIED.
22. It was the consensus of the Council to set a public hearing for September 8,
1992 at 8:00 P.M. to discuss the 1992 Operating Budget.
23. The Council reconsidered the Nelsen Hills Farm project. Kevin Von Riedel indicated
they had reached an agreement. It was noted that the plat could be filed administratively
if the 190th Street easement was secured. MOTION by Galler, second by Kuchera to
adopt RESOLUTION NO. R92-92 awarding the contract for Project 89-9 and Alternates
1 and 2 for $60,379.00 to Ryan Contracting contingent upon filing of the plat and
~urety, noting the 8/15/92 deadline was a Saturday and ~t was actually 8/17/92 (Monday).
APIF, MOTION CARRIED.
24. MOTION by Mayer, second by Orr to amend the developers agreement for Nelsen Hills
Farm to require the removal of the auto body. APIF, MOTION CARRIED.
25. MOTION by Mayer, second by Kuchera to accept the warranty deed for Pond AP-4.
APIF, MOTION CARRIED.
26. The Council next considered a proposal to purchase an easement for Project 92-17
(Stegmaier's) for $456.47 and approve a purchase agreement for property to be used
for Project 89-9 (Stegmaier's). MOTION by Kuchera, second by Rotty to purchase the
drainage easement for Project 92-17 for $456.47. APIF, MOTION CARRIED. MOTION by
Galler, second by Orr to approve the purchase for land to be used for Project 89-9
for $16,934.08 with the understanding that it will be sold back with improvements
to the developer. APIF, MOTION CARRIED.
27. The Council next considered a draft Very Low Density comprehensive plan and ordinance
amendment as outlined in the Planner's July 29, 1992 memo. It was the consensus of
the Council that the ordinance be forwarded to the Planning Commission.
28. The Council next considered questions for the Fall Survey. It was the consensus
of the Council that they return with questions at the next meeting. It was also the
consensus that the Water Board consider questions regarding water meters at their
next regular meeting of August 24th.
Council Minutes - 8/3/92 - Page 7
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29. The Council next considered the Council By-Laws as outlined in the Administrator's
memo dated July 10, 1992. Councilmember Galler presented agendas and minutes from
various cities. The following suggestions were made:
a. social hour was a good idea;
b. limiting the time for citizen comments to 5 minutes per individual;
c. limit meeting deadline to 12:00 P.M. (goal not a by-law).
Staff was directed to prepare the by-law amendment for Council consideration.
30. It was the consensus of the Council to meet on Monday, August 10, 1992 at 7:00 P.M.
to discuss Solid Waste issues.
31. MOTION by Galler, second by Kuchera to approve the Consent Agenda as follows:
a. Approve School/Conference Request - Fire - National Fire Academy.
b. Adopt RESOLUTION NO. R93-92 declaring public purpose and use of eminent domain -
Farmington Preserve - Malinski property.
c. Approve Capital Outlay Request - Locator - $725.00.
d. Accept proposal for Reisinger property - Farmington Preserve.
e. Adopt ORDINANCE NO. 092-278 amending the City's Mineral Extraction and Grading
and ORDINANCE NO. 092-279 establishing a City Filling Ordinance.
f. Receive report on sanitary sewer bypassing (Henderson Addition) and directing
Bonestroo, Rosene and Anderlik to prepare a Facilities plan.
g. Approve process for Administrator's evaluation.
h. Approve completion of City Planner's probation and acknowledging 3 weeks vacation.
i. Approve agreement with Eureka Township regarding maintenance of 220th Street.
j. Approve School/Conference Request - Police investigator's school.
k. Approve School/Conference Request - Police - State Chief's Fall Conference.
1. Approve payment of the bills as submitted.
APIF, MOTION CARRIED.
32. Administrator Thompson noted that the low bid for Project 92-3 had come in approxi-
mately $6,000 over the Engineer's estimate. MOTION by Rotty, second by Galler to
adopt RESOLUTION NO. R 94-92 awarding the bid to Ryan Contracting for $123,976.00
plus Alternate 111 for $5,500 as recommended in the City Engineer's memo dated
July 29, 1992. APIF, MOTION CARRIED.
33. The following items were discussed during roundtable:
a. Ash Street/Highland Circle annexation.
b. Acknowledgment of park planters.
c. Sidewalk plan.
d. Posting of property other than single family dwellings in new plats.
e. Update on weight based system.
f. On the next VRWMC agenda - Southeast Area Storm Sewer Project.
g. Solid waste affidavits - containers not being picked up.
h. 195th Street completed.
i. CSAH 31 bypass lanes - Administrator contacted Joe Harris.
j. FAA water area and storm sewer charges - City to bill.
k. Facilitator for Township meetings? Not needed.
1. City representatives met with AFSCME business agent.
34. MOTION by Mayer, second by Orr to adjourn at 1:10 A.M.. APIF, MOTION CARRIED.
Re~~fJ9~
Larry Thompson, City Administrator
Approved
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