HomeMy WebLinkAbout10.05.92 Council Minutes
269
MINUTES
COUNCIL MEETING
REGULAR
OCTOBER 5, 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 Rotty to approve the agenda with the following changes:
a.
Remove
Remove
Remove
Remove
Remove
Remove
6a - Duo Plastics Letter of Credit,
c.
item
item
item
item
item
item
lOa -
lOb
11g
11k
11m
Housing Rehab Program,
Strategic Plan,
Project No. 92-17,
Employee recognition for general discussion,
Resolution Declaring Costs/Ordering Preparation of Assessment
Roll - Project 92-16 - for general discussion.
b.
d.
e.
f.
APIF, MOTION CARRIED.
3. MOTION by Galler, second by Orr to approve the minutes of the September 21, 1992
regular meeting with the correction that Mayor Kuchera voted against the motion under
Paragraph 1124. APIF, MOTION CARRIED.
4. Citizen Comments:
A. Bill Turpening of Pine Knoll stated that Robin Link had made a number of misstatments
about the problems in Pine Knoll and was opposed to any sewer improvement.
B. John Holbert of Pine Knoll stated Pine Knoll taxes were similar to other subdivisions
and wanted to know if property values would increase if sewer were installed. He
was also opposed to the project.
C. Lyle Stratton also was opposed to any sewer improvements because it would force
him out of his house.
D. Henry Iwerks asked if the Council meetings and HRA meetings were taped.
E. Henry Iwerks gave a lengthy background on the former HRA Director/Solid Waste
Coordinator and wanted to know if he was still on the City payroll or hired as
chief consultant for the weight based system. Administrator Thompson stated he
was a volunteer and not a paid consultant.
F. Chris Berner also stated he was opposed to the installation of sewer in Pine Knoll.
G. Mitch Lembke also stated he was opposed to installation of sewer in Pine Knoll.
H. Bill Terpening asked for a 4 way stop sign at 203rd and Dunbar. (Police Chief to
investigate.)
I. Gil Gilbertson announced the candidate forum on October 10, 1992 at the Farmington
High School theater.
J. Kurt Koch asked if an amnesty could be given for finished basements when water
meters are installed.
7~3 Council Minutes - 10/5/92 - Page 2
5. Mayor Kuchera opened a public hearing at 7:30 P.M. to consider vacating a utility
easement in the SE~ of NW~ of Section 13 (Dakota County Estates 7th Addition).
Administrator Thompson indicated that with the platting of Dakota County Estates 7th,
the easement is no longer necessary. MOTION by Rotty, second by Galler to close the
hearing. APIF, MOTION CARRIED. MOTION by Kuchera second by Rotty to adopt RESOLUTION
NO. R115-92 vacating the above easement. APIF, MOTION CARRIED.
6. MOTION by Rotty, second by Kuchera to adopt RESOLUTION NO. 116-92 supporting the
interim third lane project for I-35W. APIF, MOTION CARRIED.
7. MOTION by Orr, second by Galler to adopt RESOLUTION NO. R117-92 supporting a con-
stitutional amendment dedicating 2C of the State Sales Tax for property tax relief.
APIF, MOTION CARRIED.
8. MOTION by Galler, second by Orr to approve the Consent Agenda as follows:
a. Approve School/Conference Request - Inver Hills Community College.
b. Adopt RESOLUTION NO. R118-92 appointing election judges for the General Election.
c. Approve contract for Facilities Plan with City's consulting engineer for the
MPCA Revolving Loan Fund.
d. Approve agreement with ENRON for utility improvements.
e. Approve capital outlay request - 2 charging units - Fire Department.
f. Approve Payment #5 - Project 91-10 - to Arcon Construction - $109,388.82.
g. Approve Payment #1 - Project 89-9 - to Ryan Contracting - $38,987.05.
h. Approve Payment #1 - Project 92-16 - to Arcon Construction - $195,719.98.
i. Approve assignment of easement rights agreement between the City, VISTA Telephone
and ENRON.
j. Adopt RESOLUTION NO. R119-92 declaring costs and ordering preparation of an
assessment roll for Project 92-8.
k. Adopt RESOLUTION NO. R120-92 declaring costs and ordering preparation of an
assessment roll for Project 92-9.
I. Adopt RESOLUTION NO. R121-92 declaring costs and ordering preparation of an
assessment roll for Project 92-7.
m. Approve payment of the bills as submitted.
APIF, MOTION CARRIED.
9. Mayor Kuchera opened a public hearing at 7:45 P.M. to reconsider the rezoning of
portions of Blocks 18 and 25 from R-3 and B-3 to B-2. Administrator Thompson outlined
the proposed area and noted the Planning Commission had recommended approval. The
following testimony was given:
Mayor Kuchera:
Adm. Thompson:
How will this impact the assessment of 1st Street?
The rezone will not directly impact the 1st Street improve-
ments and assessments, but the More Four project probably
would.
Cm. Orr:
The dental clinic would have to pay for its share of
assessments.
Cm. Galler:
Cm. Orr:
Cm. Galler:
What is the status of the More Four project?
Uncertain.
Cm. Orr:
The dental clinic may hamper the development of the
block.
It shouldn't.
What is the property being sold for?
The agreement was for $1, but it will generate $80,000
Mayor Kuchera:
BRA Director Henricks:
Council Minutes - 10/5/92 - Page 3
2'71
to $85,000 in TIF. Also, the owner agrees to convey the
last 20 feet of the site if the remainder is developed.
Mayor Kuchera:
Dir. Henricks:
Mayor Kuchera:
Dir. Henricks:
How does that compare with other projects?
Thelen Cabinets and Lexington Standard paid $1.00.
Earlier ones?
I'm not sure.
Mayor Kuchera:
Dir. Henricks:
It seems $1.00 is very low.
We need to offer incentives to remain competitive.
10. Mayor Kuchera opened a public hearing scheduled for 8:00 P.M. to consider the
proposed Fire Protection Code Ordinance amendment. The hearing was continued until
later in the evening.
11. The rezoning hearing continued:
Gil Gilbertson:
I can live with the free land because it develops a tax
base, but I have a problem with the real estate taxes
write down.
Director Henricks:
Gil Gilbertson:
Cm. Orr:
Indirectly they do.
It's tough to compete on a playing field that isn't even.
It isn't always just the free land but its tied to a service
the City feels it needs and the City feels it needs adult
housing.
Gil Gilbertson:
Cm. Orr:
Mayor Kuchera:
Henry Iwerks:
Cm. Galler:
Henry Iwerks:
If its adult housing, why 3 bedrooms.
That has been a major area of discussion.
Is this fair to other dental clinics in town?
Were other clinics given TIF assistance?
The question hear is zoning, not TIF.
The Planning Commission forwarded its recommendation to
rezone a portion of the area, all of the area or not at
all.
Cm. Ratty:
Mayor Kuchera:
Cm. Orr:
It's all or nothing and the recommendation is to rezone.
I'm deeply concerned about people on the west side of
First Street.
I share your concern but I don't believe it would be appro-
priate to commit at this time.
I believe we can address it.
Cm. Galler:
MOTION by Rotty, second by Mayer to close the public hearing. APIF, MOTION CARRIED.
MOTION by Orr, second by Mayer to adopt ORDINANCE NO. 092-287 rezoning lots 1-12,
Block 18 and Lots 4-6 and part of 7, Block 25 from R-3 PUD and B-3 to B-2. VOTING
FOR: Orr, Ratty, Galler, Mayer. AGAINST: Kuchera. APIF, MOTION CARRIED.
'12 Council Minutes - 10/5/92 - Page 4
12. Mayor Kuchera reopened the public hearing to consider various Fire Protection
Code ordinance amendments. Fire Chief Ken Kuchera indicated that the proposed revisions
reflected how the department operated today. The following testimony was given:
Cm. Ratty:
Chief Kuchera:
Do businesses comply with the fire alarm section?
That section already exists.
It would be helpful in the future if existing sections
were noted.
Cm. Ratty:
Chief Kuchera:
Cm. Orr:
Section 5-1-6 relating to aid and assisting firefighters
should be amended to "request".
That is all right.
Should the ordinance be reviewed by the department?
Atty. Harmeyer:
Chief Kuchera: I see no need for the department to review.
MOTION by Galler, second by Orr to close the public hearing. APIF, MOTION CARRIED.
MOTION by Galler, second by Rotty to adopt ORDINANCE NO. 092-288 relating to Fire Code
amendments with the noted changes. APIF, MOTION CARRIED.
13. The Council next considered a proposed ordinance relating to the establishment
of a Heritage Preservation Commission as recommended by the Exchange Bank Committee.
Kris Akin stated that the Commission would allow the City to apply for Federal and
State funds. A number of questions were raised regarding members (citizens only and
number), intra-City communication, number of consecutive terms, consolidating with
the HRA. It was suggested that:
a. the ordinance state "...~ nine members",
b. a quorum consist of a majority of appointed members,
c. strike term limits,
d. "refundable" (fees) be struck, and
e. membership qualifications to remain as is.
MOTION by Rotty, second by Orr to adopt ORDINANCE NO. 092-289 establishing a Heritage
Preservation Commission with the aforementioned changes. APIF, MOTION CARRIED.
14. The Council next considered the 1993 Cataract pension request. Cataract member
Mike Heinzerling presented pension/salary data from various cities. Finance Director
Henneke presented a survey of departments prepared by Hermantown. A lengthy discussion
followed regarding the matter. MOTION by Rotty, second by Mayer to adopt RESOLUTION
NO. R122-92 amending the Cataract By-Laws by changing the annual pension amounts from
$1,200 to $1,400 per year effective January 1, 1993. APIF, MOTION CARRIED.
15. The Council next considered a request by Martha Sherman regarding snowmobile
restrictions. The Council directed the Police Chief to draft a proposed snowmobile
ordinance.
16. The Council considered the Solid Waste 5 Year Plan. It was the consensus that
the Council meet on November 9, 1992 at 6:00 P.M. to consider the plan.
17. The Council next considered the bids for Project 89-18 (Second Street Parking)
as explained in the Engineer's memo dated October 2, 1992. A lengthy discussion followed
regarding bidding the project with another project. MOTION by Mayer, second by Rotty
to reject all bids. APIF, MOTION CARRIED.
18. MOTION by Orr, second by Rotty to adopt RESOLUTION NO. R123-92 ordering a
feasibility report for Walnut Street between 4th and 8th Street and updating the 2nd
Street Parking. APIF, MOTION CARRIED.
Council Minutes - 10/5/92 - Page 5
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19. The Council considered the proposed fire pumper specifications as noted in the
Fire Chief's memo dated September 25, 1992. A number of questions were raised regarding
trade-in value, financing, estimated cost and inspection trips. MOTION by Galler,
second by Mayer to adopt RESOLUTION NO. R124-92 approving the proposed plans and speci-
fications for the pumper and ordering the advertisement for bids. APIF, MOTION CARRIED.
20. The Council next considered the following items related to the 4th Street Project:
a. dewatering costs - $7,500,
b. Change Order #1 - storm sewer manhole adjustment - add $350,
c. Change Order #2 - relocate riser pipe - add $1,650,
d. Change Order #3 - replacing 8" sanitary sewer and manhole on 3rd Street - $10,049.20,
e. parking agreements with Neal and Linda Perkins and Jeff and Jeanette Emge.
MOTION by Orr, second by Galler to approve Change Orders 1,2 and 3. APIF, MOTION CARRIED.
21. It was the consensus of the Council to deny the dewatering costs.
22. MOTION by Orr, second by Kuchera to approve the parking agreements. APIF, MOTION
CARRIED.
23. MOTION by Galler, second by Orr to set a public hearing for November 2, 1992 at
8:00 P.M. to consider the proposed mineral extraction permit application at the Middle
School Site. APIF, MOTION CARRIED.
24. The Council considered the County 5 Year CIP. It was the consensus of the Council
that staff forward its comments as noted in the Engineers and HRA Executive Director's
memos and to focus on establishing bike paths. It was also noted that the extension
of CSAH 31 should be 2 lane.
25. MOTION by Orr, second by Galler to order a squad replacement at a price not to
exceed $13,500. APIF, MOTION CARRIED.
26. The Council considered a request by the HRA to borrow $250,000 over 10 years at
1/2% over the City bond rate to pay for the Murphy property (industrial park). A lengthy
discussion followed regarding the financial strength of the HRA. MOTION by Galler,
second by Kuchera to loan the HRA $250,000 with the Industrial Park land as collateral.
APIF, MOTION CARRIED.
27. It was the consensus of the Council to delay implementing the employee recognition
program until flood damages are ascertained. MOTION by Mayer, second by Orr to table
the matter until the first meeting in November. APIF, MOTION CARRIED.
28. MOTION by Rotty, second by Kuchera to adopt RESOLUTION NO. R125-92 declaring costs
to be assessed and ordering the preparation of the assessment roll for Project 92-16.
APIF, MOTION CARRIED.
29. The following items were discussed during roundtable:
a. Clean Up Day update.
b. Rambling River Park Repairs - Change Order to Project 91-10.
c. Employee luncheon.
d. Middle School Ballfields - no surface water or water area fees charged.
e. Conciliation court ruling.
30. MOTION by Mayer, second
kCjf,bUl mitted,
V::~mpson
City Administrator
by Orr to adjourn at 12:00 midnight. APIF, MOTION CARRIED.
Approved
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