Loading...
HomeMy WebLinkAbout09.08.92 Council Minutes <.~, ~ .~'J MINUTES COUNCIL MEETING REGULAR SEPTEMBER 8, 1992 1. Mayor Kuchera called the meeting to order at 7:00 P.M. Members Present: Kuchera, Galler, Orr, Rotty, Mayer. Members Absent: None. Also Present: Administrator Thompson, Attorney Harmeyer. 2. MOTION by Galler, second by Mayer to approve the agenda with the following changes: a. Remove item IIi - revisions to street system ordinance. b. Add adopting a resolution adding an election judge. c. Discuss item 10c - status of growth and annexation study - in executive session. d. Discuss Project No. 92-3 - bids. APIF, MOTION CARRIED. 3. MOTION by Orr, second by Rotty to approve the minutes of the August 10,1 992 special meeting. APIF, MOTION CARRIED. 4. MOTION by Orr, second by Kuchera to approve the minutes of the August 17, 1992 regular meeting with the following changes under 114 - "Dave" Pettis rather than "Dale" Pettis, and Mr. Fischer lived at 720 "6th" Street rather than "5th" Street. APIF, MOTION CARRIED. 5. MOTION by Rotty, second by Galler to approve the minutes of the August 26, 1992 special meeting. APIF, MOTION CARRIED. 6. Representatives of the Vermillion "Top Notchers" 4-H Club presented a donation to the City's D.A.R.E. Program ($50.00). MOTION by Mayer, second by Orr to adopt RESOLUTION NO. RI03-92 accepting such donation. APIF, MOTION CARRIED. 7. Elwood "Gil" Gilbertson asked how the $50.00 donation was to be applied. Police Chief Siebenaler stated that it is put in a special fund to finance the D.A.R.E. program. 8. Ed Nelson questioned why he had to pay $82.00 for services that he would not use while on vacation. 9. The Council next considered a request by John Tschohl to split a 10 acre parcel on Flagstaff Avenue. Administrator Thompson stated he was bringing the matter to the Council under the "adverse impact" provision (11-1-5 [D]) based on preliminary discussions of the "very low density" issue. John Tschohl stated that he had sold the property in question and requested the Council approve the plat waiver plus a 10 acre parcel south of the proposed split. Marlys Miller (realtor) stated that she had thoroughly discussed the matter with Charles Tooker. Administrator Thompson stated that he had the authority under the City Code but was bringing the issue to the Council because of the cluster lot discussion. 10. Mayor Kuchera opened a public hearing at 7:30 P.M. to consider vacation of Linden Street east of 7th Street. The hearing was considered until later in the meeting. 11. The Tschohl split discussion was continued. Councilmember Galler stated it appeared that the owner had been led to believe that the splits would be approved and, therefore, the Council should approve the splits. Planner Tooker noted it would be staff recom- mendation that a road be built which would connect Fairgreen and Flagstaff Avenues. Councilmember Rotty stated the proposed layout was poorly designed. Councilmember Mayer stated that the split lots may face large assessment in the future. Connie Minutes - 9/8/92 - Page 2 Dahl asked if the owner could indemnify them from future assessments. The Council~ indicated she should consult her attorney. Further discussion followed. MOTION by Galler, second by Orr to split Parcel "A". APIF, MOTION CARRIED. MOTION by Galler, second by Kuchera to split Parcel "B". APIF, MOTION CARRIED. 12. Staff was directed to prepare an ordinance placing a moratorium on lot splits of less than 20 acres outside of the MUSA. 13. Mayor Kuchera opened a public hearing at 8:00 P.M. to consider "Truth in Taxation". The hearing was continued until later in the evening. 14. Mayor Kuchera reopened the public hearing to consider the vacation of Linden Street east of 7th Street. Administrator Thompson stated the adjacent owners had petitioned the Council to vacate the remaining 20 feet of the street to clear up title problems. Questions were raised regarding the need to retain a utility easement. MOTION by Orr, second by Kuchera to continue the hearing until September 21, 1992 at 7:30 P.M. in order for the City to determine the legal description for the utility easement. APIF, MOTION CARRIED. 15. The City "Truth in Taxation" hearing was reopened. Administrator Thompson explained the purpose of the hearing noting that the meeting was not intended to satisfy the legal requirements of the Truth in Taxation Law, but to gather input from the public. Finance Director Henneke presented an overview of the City's budget noting: a. Part time clerical and part time park and recreation programmer increase. b. 3% increase in salaries. c. State mandates. d. 43% of City is tax exempt. e. Tax capacities and how they affect tax rates. f. Taxing trends. g. Breakdown of revenues. h. Shrinkage of intergovernmental revenues. Discussion followed regarding the budget. a. It's hard to compare expenditures and revenues between cities. b. Commercial property gets hit hard. c. Tax increment financing - LGA penalty - pros and cons. d. 1992 salaries were over 50% of the budget? e. Definition of Enterprise Funds. f. Is the Council looking at putting a garage in the budget? (No, but a space needs fund has been established with $40,000 transfer.) g. Debt levy - percent of increase. h. No line item in budget for legal fees - annexation. i. Don't get into legal fight over annexation. j. Surplus satisfactory to carry City for 3 months. k. MSA designation - townships don't participate in 208th Street. I. Fire Cataract levy. m. Additional discussion on n. Bonded indebtedness is a o. Annexation costs. p. Salaries - analyze salaried employees and overtime. q. Get out of the solid waste business. r. No proposed increase in solid waste or sewer fees at this time (solid waste being studied). s. How long would it take to get out of solid waste? t. Impact of union negotiations. The following is a summary of comments: HRA/TIF - not doing anything. good thing. -1Y~~~~~~~ Council Minutes - 9/8/92 - Page 3 r."f"...1 ~tjJi u. Would like to see a breakdown of insurance. v. CIP - reservoir in 1995? w. Fire hall addition/satellite and pole shed. MOTION by Orr, second by Rotty to close the hearing. APIF, MOTION CARRIED. 16. MOTION by Rotty, second by Galler to adjourn into executive session to discuss potential litigation relating to the City's growth and annexation study. APIF, MOTION CARRIED 17. The Council reconvened at 11:45 P.M. 18. MOTION by Galler, second by Orr that the City continue pursuing the steps outlined in the original growth issue resolution, direct staff to prepare a list of immediate issues which need to be addressed to prepare a position on meeting with the townships, request that contested annexation may be placed in abeyance, and to direct staff to continue discussion with the Town Boards. APIF, MOTION CARRIED. 19. The Council next received an update from the City Engineer on2D8th Street. MOTION by Orr, second by Rotty to direct staff to inform Arcon that the Council had extended the deadline for two weeks, and that liquidated damages continue to be applied. APIF, MOTION CARRIED. 20. It was the consensus of the Council that the School District be tagged for not meeting the Council's deadline for closing the borrow pit. 21. The Council next discussed City railroad crossings as outlined in the Public Works Director's memo dated August 31, 1992. No action was taken at this time. 22. The Council reviewed the Administrator's evaluation. 23. It was the consensus of the Council that a survey not be distributed in the October billing and that staff direct its efforts to prepare a newsletter on annexation. 24. Councilmember Galler presented a conceptual overview of the Community Group, commonly referred to as the CDC. 25. MOTION by Orr, second by Rotty to approve the Consent Agenda as follows: a. Approve budget adjustment - Fire/Rescue - ResuciAnne. b. Adopt RESOLUTION NO. RI04-92 amending Resolution No. R4-92 by establishing Billiard License and Investigation Fees. c. Set public hearing for October 5, 1992 at 7:30 P.M. to consider vacating utility easement in the SE~ of the NW~, Section 13. (Dakota County Estates 7th). d. Approve capital outlay request - Public Works - hydraulic floor jack. e. Approve annual salt contract - Cargill - $31.50/ton. f. Acknowledge Nelson Hills Farm Plat surety - $462,000. g. Approve School/Conference ~est-Public Works - operator training. h. Approve School/Conference Request - Administration/Finance - management academy. i. Adopt RESOLUTION NO. RI05-92 approving plans and specifications and ordering adver- tisement for bids for Project 89-18 - 2nd Street Parking Lot. j. Set public hearing for September 21, 1992 at 7:30 P.M. to consider amending the zoning ordinance relating to the elimination of manufactured housing within the R-4 Mixed Code District. k. Adopt RESOLUTION NO. RI06-92 approving plans and specifications and authorizing the advertisement for bids - Project 92-15 - ENRON Utilities. Council Minutes - 9/8/92 - Page 4 I. Approve payment of the bills as submitted. APIF, MOTION CARRIED. 26. HRA Executive Director Henricks presented an overview of possibly using the Erickson building as a library building. The Administrator was directed to attend the next Library Board meeting. 27. Attorney Harmeyer informed the Council that the low bidder for Project 92-3 had not complied with the addendum to the bid and, therefore, recommended rebidding the project. Also, since the contractor had begun fabricating the jacking pipe, the City could purchase the pipe and sell it to the successful bidder. MOTION by Galler, second by Kuchera to rescind the bid and to rebid the project with a Spring construciton. APIF, MOTION CARRIED. 28. MOTION by Kuchera, second by Orr to adopt RESOLUTION NO. RI07-92 appointing Julie Stulz as an election judge for Precinct #3. APIF, MOTION CARRIED. 29. Roundtable: a. b. Reisinger - pretrial tomorrow. Jackie Dooley has received a letter of commendation. Farmington Preserve - condemnation ongoing. Housing Rehab - update. Turn lanes on County Road 31 - Administrator to contact Joe Harris. Met Council may be discouraging low density. ~~11L ~nol~ Compliment Tom Kaldunski, Joy Pellicci and Jim Bellon . ~ Park volunteer work. Boy Scouts have asked for a free pick up for clean up at the Corinthian Lodge. Okay if it is a one time pickup. Put public hearing for Harms rezone on next agenda. Put Labor Relations Associates agreement for arbitration on next agenda. c. d. e. f. g. h. i. j. 30. MOTION by Orr, second by Rotty to adjourn at 1:10 A.M.. APIF, MOTION CARRIED. Respectfully submitted, ,~,-,!,,' '72," / - ''':'(1,'w' (I~_."., /J " -;, Larry Thompson City Administrator (U1 ~ '1;2-1 /q2-- Approved