HomeMy WebLinkAbout09.21.92 Council Minutes
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MINUTES
COUNCIL MEETING
REGULAR
SEPTEMBER 21, 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 Mayer to approve the agenda with the following changes:
a. Add discussion of preliminary flood damage under Citizens Comments.
b. Add 5 Year ALF Ambulance Plan (information sent with packet).
c. Add Proclamation - 1992 Fire Prevention Week.
d. Remove 1993 Pension Request - Fire Cataract.
e. Remove Mineral Extraction Permit - Middle School site.
f. Remove Sidewalk Policy.
g. Remove item IlL - Adopt Resolution Relating to Oak Street Vacation for general
discussion.
h. Remove MPCA Revolving Loan Fund.
i. Remove Project 92-9 - Seal Coating Pay Estimate - for general discussion.
j. Remove item 11u - Ordinance Relating to Moratorium on Development - for general
discussion.
k. Remove bills for general discussion.
I. Discuss status of Heritage Preservation Commission.
APIF, MOTION CARRIED.
3. MOTION by Orr, second by Kuchera to approve the minutes of September 8, 1992 with
the following changes:
a. Paragraph 1111 - The Council "stated that they couldn't indemnify and" indicated....
b. Paragraph #19 - "208th" rather than "108th" Street.
c. Paragraph #29 - "Pine Knoll" rather than "Hill Dee" park.
APIF, MOTION CARRIED.
4. MOTION by Rotty, second by Kuchera to approve the minutes of the September 10,
1992 special meeting. VOTING FOR: Orr, Kuchera, Ratty, Mayer. ABSTAIN: Galler.
MOTION CARRIED.
5. Administrator Thompson updated the Council on the flood noting that he was extremely
proud of the way City staff responded. Mr. Thompson outlined the damage and indicated
staff would provide a full report after things calmed down. Mr. Thompson added that
the City would provide free pickup of damaged carpeting as well as accepting it during
Clean Up Day. Mayor Kuchera stated that he felt the Council should commend staff
for their efforts. MOTION by Orr, second by Kuchera to adopt RESOLUTION NO. RIIo-92
commending staff for their efforts. APIF, MOTION CARRIED. Engineer Kaldunski presented
an overview of specific damage. It was the consensus of the Council that the City
crews pick up damaged items at no charge.
6. Mayor Kuchera opened a public hearing at 7:30 P.M. to consider eliminating manufactured
housing in the R-4 District. The hearing was continued until later in the evening.
Minutes - 9/21/92 - Page 2
7. Mayor Kuchera opened a public hearing at 7:30 P.M. to consider the vacation of
a portion of Linden Street. The hearing was continued until later in the evening.
8. Mayor Kuchera opened a public hearing at 7:30 P.M. to consider the wetlands pro-
tection ordinance. The hearing was continued until later in the evening.
9. Robin Link asked if the flood damage costs would affect the timing of the sewer
installation in Pine Knoll. The Council indicated that it should not. A lengthy
discussion followed regarding the timing and damage which occurred during the flood.
The Council directed staff to inform the Pine Knoll residents that the City intends
to install the sanitary sewer in 1994, and to have staff assess the magnitude of the
problem based on the recent storms (possibly through a survey).
10. Mayor Kuchera opened a public hearing to consider eliminating Manufactured Housing
in the R-4 zone. Planner Tooker stated the R-4 zone was almost completely developed
with no manufactured housing and that the Council should eliminate the possibility
of introducing manufactured housing. Mr. Tooker stated that at some point in time,
the Council should adopt design standards and roll the R-4 into an R-2 zone. The
following comments were heard:
Wasn't the R-4 created in response to a State requirement
for manufactured housing?
It is felt the law can be met by adopting design standards.
I'm concerned about the potential of all lot requirements
being reduced to 6000 square feet.
The 6000 square foot requirement only affects R-2 and not
R-1 zoning.
MOTION by Galler, second by Kuchera to close the public hearing. APIF, MOTION CARRIED.
MOTION by Kuchera, second by Galler to adopt ORDINANCE NO. 092-284 eliminating manu-
factured housing in the R-4 zone. APIF, MOTION CARRIED.
Cm. Mayer:
Mr. Tooker:
Cm. Mayer:
Mr. Tooker:
11. Mayor Kuchera reopened a public hearing to consider vacating Linden Street east
of 7th Street. City Engineer Kaldunski reported in his September 16, 1992 memo that
it appeared the water shut off was located on 7th Street right of way and that the
Council could vacate the remaining 20' strip.
Cm. Mayer:
Eng. Kaldunski:
Cm. Mayer:
You physically located the curb stop?
Yes.
The private line presently goes down the 10' vacated strip
to the north?
Eng. Kaldunski:
Cm. Mayer:
Atty. Harmeyer:
Adm. Thompson:
Yes.
Cm. Mayer:
The vacated property is split half and half?
Yes.
We just vacate. It is up to the County Recorder to determine
how it gets split.
I'm concerned that we don't end up with a dispute over the
water line easement.
Eng. Kaldunski:
I'm satisfied that we will not have a problem.
MOTION by Orr, second by Rotty to close the public hearing. APIF, MOTION CARRIED.
MOTION by Orr, second by Mayer to adopt RESOLUTION NO. RIII-92 vacating Linden Street
east of 7th Street. APIF, MOTION CARRIED.
Council Minutes - 9/21/92 - Page 3
g7
12. Mayor Kuchera opened a public hearing to consider the proposed wetlands protection
and zoning ordinance. Planner Tooker outlined the purpose and intent of the ordinance
and presented the maps referred to in the ordinance which were incorporated in lieu
of an engineering study (memo dated August 13, 1992) and noted changes to replace
reference to the wetlands inventory map with the maps referenced in 10-9-1 (C)l.
Cm. Orr:
In low density areas, how will property with a wetlands flowing
through it be dealt with in relation to public ownership of
wetlands.
Planner Tooker:
We would have to pay particular attention to that issue
when developing.
Which takes precedent - the zoning map or the overlay?
The overlay.
How would this ordinance have affected current developments?
Fair Hills and Dakota County Estates would have been impacted.
Can the big wetlands area in the middle of the City (200th
and Essex) be developed?
Most of that is ponding area, not wetlands.
Can areas be swapped?
Yes - 2 for 1.
Houses below the 100 year flood elevation would be nonconforming.
Cm. Mayer:
Planner Tooker:
Cm. Galler:
Planner Tooker:
Cm. Galler:
Planner Tooker:
Cm. Galler:
Planner Tooker:
Eng. Kaldunski:
MOTION by Kuchera, second by Rotty to close the public hearing. APIF, MOTION CARRIED.
MOTION by Rotty, second by Kuchera to adopt ORDINANCE NO. 092-285 adopting a wetlands
protection and zoning ordinance. APIF, MOTION CARRIED.
13. City Engineer presented the following bids for Project 92-15 (ENRON Sanitary
Sewer):
Firm
Bid
$ 115,048.00
121,100.00
128,951.35
132,076.45
Ryan Contracting
Rice Lake Contracting
Arcon Construction
Minger Construction
Mr. Kaldunski stated that the bids exceeded engineer estimates due to the oil separator.
Mr. Kaldunski recommended the Council award the bid to Ryan Contracting contingent
upon ENRON entering into an agreement accepting the project costs and that the Engineer
not give notice of the award until the City has the signed agreement. MOTION by Orr,
second by Kuchera to adopt RESOLUTION NO. R112-92 accepting bid of Ryan Construction for
Project 92-15 contingent upon ENRON agreeing to accept project costs and tbeCity not
issue a notice to proceed until the agreement is signed. APIF, MOTION CARRIED.
14. The Council next reviewed the ALF Ambulance 5 Year Plan. MOTION by Mayer, second
by Kuchera to accept the ALF 5 Year Plan. APIF, MOTION CARRIED.
15. MOTION by Galler, second by Rotty to declare the week of October 4-10, 1992 as
Fire Prevention Week. APIF, MOTION CARRIED.
16. Engineer Kaldunski presented an update on the completion of Pine Street/208th
Street (September 18, 1992 memo). Discussion followed regarding the Middle School
borrow pits. Mr. Kaldunski stated the pits would be addressed in an upcoming mineral
(;~ Council Minutes - 9/21/92 - Page 4
mineral extraction permit application. It was agreed that the liquidated damages
would be charged until September 15, 1992, but if trees and seeding were not completed
by October 19, 1992, liquidated damages would continue.
17. The Council next considered the proposed FAA Developers Agreement as outlined
in the Administrator's memo dated September 18, 1992. A lengthy discussion followed,
including asking for a 40' easement west of the garage. MOTION by Mayer, second by
Galler to accept the conceptual agreement as outlined in the Administrator's memo.
VOTING FOR: Mayer, Kuchera, Ratty, Galler. ABSTAIN: Orr. MOTION CARRIED.
18. The Council reviewed the update by the Administrator dated September 18, 1992
regarding the Solid Waste 5 Year Plan. No action was taken at this time.
19. Engineer Kaldunski submitted the following bids for Project 89-18 (2nd Street
Parking Lot):
Firm
Base Bid
Alternate #1
Alternate 12
Arcon
Rice Lake Contracting
Ryan Contracting
79.686.50
85,855.00
99,487.60
7,200.00
8,000.00
7,200.00
1,175.00
1,400.00
840.00
Mr. Kaldunski noted he had not had time to fully analyze the bids, but that it appeared
the low bid was significantly higher than original estimates. The matter was tabled
pending further staff review.
20. The Council next considered Fairground parking. Various concerns were discussed.
No action was taken at this time. Th~ item was tabled until the second meeting in
January, 1993.
21. The Council considered the
A lengthy discussion followed.
acquiring property to tear down
taken at this time.
proposed housing acquisition and rehabilitation program.
Councilmember Mayer stated he was against simply
an existing home to build a new home. No action was
22. Councilmember Galler updated the Council on the Regional Airport Dual Track process.
It was the consensus of the Council that the Met Council reimburse the City for City
staff review time.
23. MOTION by Orr, second by Galler to approve the Consent Agenda as follows:
a. Set Public Hearing for October 5, 1992 at 8:00 P.M. to consider amending City
Fire Code.
b. Approve funding request for hepatitis B vaccinations.
c. Approve budget adjustment and capital outlay request for a pager - Fire Department -
$471.00.
d. Approve capital outlay request - air chisel rescue kit - Fire Department - $379.95.
e. Approve posting of 4 way stop at 7th and Main Streets.
f. Approve assessment agreement - Sid Hegseth.
g. Approve budget adjustment/agreement - Labor Relations Association.
h. Set Public Hearing for October 5, 1992 at 7:45 P.M. to consider rezoning Lots
1-12, Block 18, Lots 4-6 and a portion of Lot 7 west of railroad tracks, Block 25,
Town of Farmington from R-3 PUD and B-3 to B-2.
i. Approve school/conference request - Building Inspector.
j. Adopt RESOLUTION NO. R113-92 approving 1993 Landfill Abatement Grant.
k. Approve street lighting change to Project 92-7 - 4th Street Improvement.
1. Approve school/conference request - Rescue Squad - Rope Resc~e Techniques.
Council Minutes - 9/21/92 - Page 5
269
m. Approve Pay Estimate #1 - Project 92-8 (195th Street Improvements) - Ryan Contracting -
$210,079.62 - and payment of City share ($94,535.83) to Dakota County.
n. Approve capital outlay request - Public Works - cellular telephones.
o. Approve school/conference request - Public Works - Water Resources.
p. Approve Sales Board Requirements in developers agreements.
q. Approve budget adjustment - Shade Tree.
r. Approve school/conference request - Rescue - EMT Refresher.
APIF, MOTION CARRIED.
24. Mayor Kuchera stated that he was opposed to the vacation of Oak Street and requested
the resolution be pulled so he could vote against it. MOTION by Rotty, second by
Orr to adopt RESOLUTION NO. R114-92 vacating the north 20 feet of a portion of Oak
Stre.et .J>etween the railroad right of way ifnd Is} Street. ~ MOTION CARRIED.
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25. The Council next considered liquidated damages against the seal coat contractor
for missing the August 10, 1992 deadline. A lengthy discussion followed. MOTION
by Orr, second by Rotty that while the City could assess $4,400 in liquidated damages,
since the performance in the past has been good, the City would oniy charge 2 days
($400) and, therefore, approve the final pay estimate of $19,054.20 to Allied Blacktop.
APIF, MOTION CARRIED.
26. The Council noted that the seal coat project and 195th Street project assessment
hearings would not be set at this time.
27. Councilmember Orr suggested the moratorium deadline be shortened to January 1,
1993. MOTION by Orr, second by Mayer to adopt ORDINANCE NO. 092-286 placing a moratorium
on development beyond the MUSA boundaries with a deadline of January 1, 1993. APIF,
MOTION CARRIED.
28. Councilmember Rotty asked how long the City anticipated paying storage costs
on the Vetscher property. Police Chief Siebenaler noted it was up to the Courts,
but the costs were reimbursable. MOTION by Rotty, second by Galler to pay the bills
as submitted. APIF, MOTION CARRIED.
29. The Council noted the Engineer's memo dated September 18, 1992 regarding the
placement of fill from the 4th Street Project.
30. MOTION by Galler, second by Orr to authorize the City Administrator to sign the
proposed MCP program and authorizing the signing of a second MCP application in October
for Dakota County Estates under the same terms as the first Minnesota Communities
Program application. APIF, MOTION CARRIED.
31. The Council asked HRA Executive Director Henricks to see if the MCP funds could
be used for the Housing Rehab Program.
32. Administrator Thompson updated the Council on the status of the Housing Rehab
Program, noting an ordinance would be forthcoming. Executive Director Henricks stated
he was in the process of applying for an extension of the CDBG grant.
f"'7'~ I 9/21/92 6
t >;;1' Counci Minutes - - Page
33. The following items were discussed during roundtable:
a. 220th Street repairs - should be split with Castle Rock Township.
b. Akin Park Estates 2nd Addition - no action taken at this time.
c. Status of planning issues - architectural designs, etc.
d. Status of Nelsen Hills Farm - 190th Street - car body.
e. Update from Water Board on timing of water meters. Installed by October 1, 1993
per Water Board minutes.
f. Arbitration scheduled for September 23, 1992.
g. Murray Hunter is suing the City for legal fees.
34. MOTION by Rotty, second by Orr to adjourn at 11:40 P.M.. APIF, MOTION CARRIED.
Respectfully submitted,
tff'(T 'l2.r"
-
Larry Thompson
City Administrator
Approved