HomeMy WebLinkAbout08.17.92 Council Minutes
MINUTES
COUNCIL MEETING
REGULAR
AUGUST 17, 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. Remove item lOb - Strategic Plan.
b. Remove item lIb - Budget Adjustment - Fire/Rescue.
c. Remove item lId from the Consent Agenda for general discussion.
d. Remove item lIe from the Consent Agenda for general discussion.
e. Add discussion of the August 26, 1992 meeting with the townships.
f. Add consideration of extending Nelsen Hills Farm plat deadline.
g. Set budget workshop.
h. Remove item lIs - 208th Street Change order - to be discussed with item 8b.
i. Add discussion of the disposition of a forfeited car.
APIF, MOTION CARRIED.
3. MOTION by Rotty, second by Orr to approve the minutes of the August 3, 1992
regular meeting. APIF, MOTION CARRIED.
4. Citizen Comments:
Tom Jensen, 701 5th Street - Fairground Signs - Does not want signs by his house.
Jerry Ristow, 1014 7th Street - Would like signs between Ash Street and Hickory
Street.
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~ Pettis - 209 Hickory Street
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Chuck Fischer - 720~ Street -
John Richardson - Illegal passing
- Would like to have Council review exemptions
for parking of 7000+ pound vehicle.
Would like to see a parking permit for residents
during the fair.
on the right hand side at First and Elm Street.
5. The Council next considered a request by the Farmington Fire Cataract to increase
the pensions to $1400/person/year as outlined in the secretary's letter dated
August 5, 1992. A lengthy discussion followed regarding impact on the budget,
township shares, comparisons to other departments and the informal agreement made
with the Cataract 2 years ago. It was suggested the Cataract provide additional
information in order for the Council to make a decision. It was the consensus
of the Council that the matter be tabled until a future meeting.
6. MOTION by Galler, second by Orr to set a hearing for September 21, 1992 at
7:30 P.M. to consider the Wetlands Protection Ordinance. APIF, MOTION CARRIED.
7. The Council received the following bids on the $1,375,000 G.O. Improvement
Bonds:
Firm
Total Interest Cost
Net Interest Rate
American National Bank
Moore, Juran
$
404,715.00
404,876.87
5.0241%
5.0291%
Council Minutes - 8/17/92 - Page 2
Firm
Piper Jaffrey
Cronin and Company, Inc.
FBS Investments
Total Interest Cost
Net Interest Rate
$
407,762.08
409,864.79
412,792.71
5.066%
5.094%
5.129%
MOTION by Galler, second by Orr to adopt RESOLUTION NO. R95-92 authorizing the
issuance, awarding the sale, prescribing the form and details, and providing for
payment of $1,375,000 G.O. Improvement Bonds, Series 1992B. APIF,MOTION CARRIED.
8. The Council next considered the plans and specifications for Project 92-7 (4th
Street Improvements). Engineer Kaldunski presented an overview of the project
noting the sanitary sewer replacement/installation, sidewalks and curb locations
and street widths. Discussion followed regarding location of the school fence,
sidewalk on 5th and Hickory Streets, replacement of private sewers, water main
inspection and increase in liquidated damages ($500/day). MOTION by Orr, second
by Rotty to adopt RESOLUTION NO. R96-92 approving the plans and specifications
and authorizing the advertisement for bids for Project 92-7 (4th Street) and to
set a special meeting for September 10, 1992 at 6:00 P.M. to receive the bids.
APIF, MOTION CARRIED.
9. Mayor Kuchera reopened a public hearing continued from August 3, 1992 to consider
the vacation of a portion of Oak Street. Administrator Thompson presented an over-
view of the request and submitted a resolution outlining the following contingencies:
a. HRA approval of the project;
b. the developer acquire a building permit for the property (implies necessary
zoning, variances and conditional use permits);
c. issuance of a certificate of occupancy for the apartment.
Administrator Thompson added the resolution should also state the City retains
the walkway and utility easements. HRA Executive Director Henricks presented an
overview of the project. Architect Mike Mulroni described the proposed 3 bedroom
apartments noting french doors would be installed to convert the third bedroom
to a den. The following testimony was given:
Mayor Kuchera:
Mike Mulroni:
Cm. Orr:
Mike Mulroni:
Cm. Ratty:
Adm. Thompson:
Cm. Ratty:
John Briscoe:
Why are the 3 bedroom apartments being changed?
One-third of the 3 bedrooms were shown as dens originally.
Is this the original site plan?
Yes.
Why is a variance needed?
For parking.
Where are additional cars going to park?
With adult parking, it generally balances out to a one
to one ratio.
BRA Dir. Henricks:
Mayor Kuchera:
Mike Mulroni:
Cm. Ratty:
Is there a landscape plan?
It will be presented to the Planning Commission.
I would like to see screening. Is the sidewalk going to
connect to the Celebrate Minnesota project?
Yes. Screening will be provided.
Will traffic in the alley be increased?
With proper signing, it should not be increased.
Will Oak Street be upgraded?
Cm. Galler:
Mike Mulroni:
Cm. Galler:
Council Minutes - 8/17/92 - Page 3
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Eng. Kaldunski: It was in the 1992 CIP under the original project. There
isn't enough time in 1992 to do the project. There will
be some sawcuts needed. It would be up to the Council whether it would want to
order a full improvement project.
Cm. Orr:
Would it work to use the present street grades?
It wouldn't be as good as a new street, but it would work.
We did two projects without a street vacation. Why do
we need a street vacation on this project?
The design of the project requires a vacation. It it were
an "L" shape, it would fit without a vacation.
Mike Mulroni: We are using the footprint of the building that was issued
a permit. I can rotate the building to fit on the site,
but it would not meet the 200' setback or open space requirements and we would
lose the financing.
Eng. Kaldunski:
Mayor Kuchera:
Dir. Henricks:
Mayor Kuchera:
Why not buy the rest of the block and have a site that
works?
John Briscoe:
We would like to buy the remaining property, but do not
have the funds.
Will Oak Street ever be opened?
It is highly unlikely based on past history. It would
have to be pursued.
If we vacated this property, would we have enough right
of way?
We would have enough.
Cm. Ratty:
Eng. Kaldunski:
Cm. Ratty:
Eng. Kaldunski:
Pat Ostlie: What is going to happen to 101 Oak? If this goes in, we
will be an island on this block with a single family dwelling.
It's only fair that we find out.
Cm. Orr: The only thing we can tell you is that you would have a
single family and an apartment would be next to you. It
would be unfair to mislead you with anything else.
Cm. Ratty: Are there any plans by the HRA?
Dir. Henricks: There are no plans at this time.
Cm. Ratty: Does the developer have a similar adult housing project?
John Briscoe: I have a large adult housing project - Wilder Apartments.
Cm. Orr: Could you use the Ostlie's property for garages?
John Briscoe:
It wouldn't cash flow. Perhaps if HUD gave us a larger
mortgage.
We have a problem finding handicapped facilities. Will
there be handicap accessible apartments?
All units will be handicapped accessible.
Will narrowing the road affect fire trucks and plowing?
The boulevards are adequate to handle snow plowing.
Marie Miner:
John Briscoe:
Mayor Kuchera:
Eng. Kaldunski:
Fire Chief Kuchera:. I haven't reviewed the plans at this time. I see no dis-
advantage to firefighting.
.
Council Minutes - 8/17/92 - Page 4
Marie Miner: Has consideration been given for dropping off seniors?
Dir. Henricks: There is an area provided.
Att. Harmeyer: The developers should not construe any action taken this
evening as approving the site plan.
Adm. Thompson: Have you done any more research on local ordinances which
supercede federal (HUD) guidelines?
Mike Mulroni: You have parking requirements for family units supercede
HUD requirements, and if families moved in they could be
found in violation of the permit.
Att. Harmeyer: You would have to be careful of a discrimination atiit.
Mike Mulroni: The whole mindset of this project is adult housing and
management intends to keep it that way.
Cm. Ratty: You can transfer ownership.
John Briscoe: We intend to keep it under our control.
Jerry Miner: Do Spruce Place and Red Oak Manor have controls?
Adm. Thompson: Under the elderly housing ordinance.
Mayor Kuchera: You are dealing with some people with deep roots in this
community and I hope you keep this under consideration.
Cm. Orr: I would like to hear if the Ostlies wish to sell.
Pat Ostlie: We haven't discussed it.
MOTION by Galler, second by Mayer to close the hearing. APIF, MOTION CARRIED.
Councilmember Rotty asked if the rezone and street vacation would require a 4/5
vote. Administrator Thompson stated only the rezone would require a 4/5 vote.
Councilmember Orr stated he had no problem with the rezone with the contingencies
and noted several other permits and actions would be required. Councilmember
Orr suggested the developer look at using the Ostlie property for garages. MOTION by
Galler, second by Mayer to adopt RESOLUTION NO. R97-92 vacating the north 20 feet
of Oak Street, 279.52 feet west of the railroad right of way contingent upon the
following:
a. HRA approval of the project;
b. the developer acquiring a building permit for the property;
c. issuance of a certificate of occupancy for the apartment complex;
d. retaining the walkway and utility easements.
A discussion followed regarding item "c". It was suggested that item "c" remain
as is, and that the Attorney work on different language. Mayor Kuchera suggested
that the HRA look at different developers. VOTING ON THE MOTION: VOTING FOR:
Galler, Mayer, Orr, Ratty. AGAINST: Kuchera. MOTION CARRIED.
10. City Engineer Kaldunski presented an update on Pine Street/208th Street as
noted in the City Engineer's memo dated August 13, 1992 and the Attorney's letter
to the contractor dated August 6, 1992. Mayor Kuchera stated he had reviewed
the project and it looked much better. Councilmember Mayer agreed but added there
was some sod repair that was needed and that there is water standing in the culvert
due to washouts. Councilmember Mayer also expressed concern about the borrow
pit on 208th Street remaining open. It was the consensus of the Council that
Arcon had made sufficient progress and that is should extend the deadline. MOTION
by Kuchera, second by Orr to extend the deadline until 5:00 P.M. on
Council Minutes - 8/17/92 - Page 5
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September 4, 1992 with the exception that tree planting may be done at a later
date and that liquidated damages continue to be charged (with the exception of
tree planting) . and that the pit be closed. APIF, MOTION CARRIED.
11. MOTION by Rotty, second by Kuchera to approve Change Order #7 to the Project
No. 91-10 contract by adding $7,479.12. APIF, MOTION CARRIED.
12. The Council next considered an update on the broken windshield matter. The
matter was continued until later in the meeting.
13. The Council next considered a request by Murray Hunter to reimburse him for
attorney fees on 310 Division Street. MOTION by Galler, second by Orr to reimburse
Mr. Hunter $255.00 (3 hours of City Attorney time). APIF, MOTION CARRIED.
14. MOTION by Orr, second by Rotty to appoint Bryan Reed as a probationary part
time Fire Marshal at $11.00/hour (20 hours per week) effective September 1, 1992
(6 month probationary period). APIF, MOTION CARRIED. Staff was directed to research
alternate methods of financing the position.
15. The Council next considered the easement for Project 92-3 (Hillview 3rd Drainage)
and 92-16 (Dakota County Estates 7th). Dennis Eisenzimmer protested the project
and granting the easement. Administrator Thompson stated that the Council had
already ordered the project and only should be considering the easements. A lengthy
discussion followed regarding the merits of the project and possible damage to
trees. MOTION by Orr, second by Rotty to accept the easements from the Webbers
($1 - Temporary), Strands ($218.87 - Permanent), Sellners ($1 - Temporary) and
Eisenzimmers ($1 - Temporary and no trees beyond the 10 foot permanent easement
be disturbed). APIF, MOTION CARRIED.
16. The Council next considered a request by Heritage Development to extend the
deadline until August 24, 1992. MOTION by Mayer, second by Kuchera to extend
the deadline until September 8, 1992 contingent upon receipt of a written request
by Heritage Development. APIF, MOTION CARRIED.
17. The Council next considered questions for the Fall Survey. The following
suggestions were made:
a. park improvement suggestions,
b. Water Board matters,
c. parking restrictions,
d. how can they City better communicate with citizens.
The matter was tabled until the next regular meeting.
18. MOTION by Orr, second by Kuchera to approve the Consent Agenda as follows:
a. Approve compost site agreement with Pecar.
b. Adopt ORDINANCE NO. 092-280 relating to billiard parlors.
c. Approve Final Pay Estimate for ProJect 91-1 - Rice Lake Contracting - $52,257.65.
d. Approve Capital Outlay Request - Gas Monitoring Device - $1,855.00.
e. Approve parkland purchase agreement - Stegmaier - $2,940.
f. Approve amendment to Council Meeting By-Laws relating to citizen comments
and social meetings with Boards and Commissions.
g. Approve School/Conference Requests - Fall Chief's Conference - Fire Department.
h. Adopt RESOLUTION NO. R98-92 accepting an $8,500 donation for a defibrilator.
i. Approve Temporary 3.2 License - FASA Softball Tournament.
j. Adopt RESOLUTION NO. R99-92 appointing election judges.
k. Approve training agreement with Dakota County Technical College.
1. Adopt RESOLUTION NO. RI00-92 declaring the City's commitment to zero tolerance
of violence.
Council Minutes - 8/17/92 - Page 6
m. Adopt ORDINANCE NO. 092-281 annexing the following parcels of property from
Castle Rock Township:
PID #07-00600-013-27, 07-00600-010-28, and 07-00600-010-29.
n. Adopt RESOLUTION NO. RI01-92 awarding contract for Project 92-16 - Utilities
to Arcon Construction for $211,855.77; and for Streets to Barbarossa and
Sons for $107,670.75.
o. Adopt RESOLUTION NO. RI02-92 accepting a petition to annex two parcels from
Empire Township.
p. Adopt ORDINANCE NO. 092-282 approving a housekeeping amendment relating to
the Ag Preserve District.
q. Adopt ORDINANCE NO. 092-283 approving a housekeeping amendment relating to
the Dakota County Estates PUD (only affected quad homes within Blocks 1 & 2,
Dakota County Estates 5th Addition.
r. Set a public hearing for September 8, 1992 at 7:30 P.M. to consider the vacation
of Linden Street east of 7th Street.
s. Approve payment of the bills as submitted.
APIF, MOTION CARRIED.
19. The Dakota County Estates 7th easement was tabled until the next regular meeting.
20. MOTION by Galler, second by Kuchera to approve the sexual harassment school
and conference request for supervisors. APIF, MOTION CARRIED.
21. Finance Director Henneke updated the Council on the 1993 Budget CIP and requested
the Council set a meeting before September 15, 1992 to set the levy. The Council
agreed that it would combine the matter at the special meeting set for
September 10, 1992.
22. MOTION by Galler, second by Orr to authorize the sale of the 1978 Trans Am
to the original owner for $1,000 cash. APIF, MOTION CARRIED.
23. Administrator Thompson informed the Council that the Township Board had agreed
to meet on August 26, 1992 at 7:00 P.M. at the Extension Office and recommended
no public input be allowed at this meeting.
24. Roundtable:
a. Farmington Preserve - Reisinger and Stegmaier settled - City is proceeding
with condemnation on Malinski property.
b. City Attorney is going to pretrial on Reisinger.
c. Commendation to Jackie Dooley - flowers.
d. Councilmember Galler to issue press release on budget hearing.
e. Part time officers working the Fair entrances - Fair Board being billed.
25. MOTION by Orr, second by Galler to issue a proclamation declaring September 17
through September 23, 1992 as Citizenship and Constitution Week. APIF, MOTION CARRIED.
26. MOTION by Orr, second by Kuchera to adjourn at 11:45 P.M.. APIF, MOTION CARRIED.
~ec~y submitted,
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Larry Thompson
City Administrator
Approved
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