Loading...
HomeMy WebLinkAbout11.16.92 Council Minutes (j f[1~ ::~: ~~_J,_l' MINUTES COUNCIL MEETING REGULAR NOVEMBER 16, 1992 1. Administrator Thompson opened the meeting at 7:00 P.M.. Members Present: Mayer, Orr, Rotty. Members Absent: Kuchera, Galler. Also Present: Administrator Thompson, Attorney Grannis. 2. MOTION by Mayer, second by Rotty to appoint Councilmember Orr as presiding officer. APIF, MOTION CARRIED. 3. Presiding Officer Orr opened a public hearing at 7:00 P.M. to consider the assessment roll for Project 92-9 (1992 Seal Coat Project). The hearing was continued until later in the meeting. 4. MOTION by Mayer, second by Rotty to approve the agenda with the following changes: a. Add Executive Session - Police Department Personnel. b. Add Proclamation - National Manufacturing Week. APIF, MOTION CARRIED. 5. MOTION by Rotty, second by Orr to approve the minutes of the November 2, 1992 regular meeting. APIF, MOTION CARRIED. 6. MOTION by Mayer, second by Rotty to approve the minutes of the November 5, 1992 special meeting. APIF, MOTION CARRIED. 7. Citizens Comments: a. Harvey Snyder requested the Council proclaim November 30th through December 4th as National Manufacturing Week. MOTION by Mayer, second by Rotty to proclaim November 30th through December 4th as National Manufacturing Week. APIF, MOTION CARRIED. 8. The public hearing to consider the assessment roll for Project 92-9 (Seal Coating) was reopened. City Engineer Kaldunski presented a brief overview of the project. Administrator Thompson presented a letter from Jean Erickson requesting a reduction of assessment from two to one buildable lots because a storm sewer easement runs through the second lot. There was no public comment. The Council discussed the following concerns raised in the Assistant Engineer's memo dated November 12, 1992: a. Whispering River Townhomes - Lack of notification. Attorney Grannis indicated it could pose a problem regarding the assessment to that property but would not affect other parcels. MOTION by Rotty, second by Mayer to close the hearing. APIF, MOTION CARRIED. MOTION by Rotty, second by Orr to adopt RESOLUTION NO. R136-92 adopting the assessment roll for Project 92-9 - Seal Coating - as presented with the reduction of the Erickson property from two units to one unit and to include the Whispering River Townhouse Association. VOTING FOR: Orr, Ratty. VOTING AGAINST: Mayer. MOTION CARRIED. 9. MOTION by Orr, second by Rotty to appoint the following members to the Heritage Preservation Commission: a. Peggy Schmidtke - 3 year term b. Patricia Murphy - 1 year term c. Harbee Tharaldson - 2 year term d. Cheryl Thelen - 2 year term e. Kimberly Trapp - 3 year term. APIF, MOTION CARRIED. Council Minutes - 11/16/92 - Page 2 10. MOTION by Rotty, second by Orr to approve the Consent Agenda as follows: a. Adopt RESOLUTION NO. R137-92 approving an application for a Gambling Premise Permit - St. Michael's Church. b. Approve Shade Tree Policy amendment - 0% reimbursement for removal of trees on private property. c. Approve School/Conference Request - Administration - On-Site Sewage Treatment Workshop. d. Approve Senior Center Advisory Council appointments - Frances Jones and Catherine Millard. e. Approve Liquor Store Opening on New Year's Day. f. Approve School/Conference Request - Administration - LMC Conference. g. Adopt LMC Legislative positions. h. Deny Special Assessment Adjustment - Pine Street/208th Street. i. Approve Change Order No. 8 - Project 91-10 - Add $25,065.34. j. Adopt RESOLUTION NO. R138-92 certifying delinquent muncipal service accounts. k. No approval for the Feasibility Report for the Farmington Preserve. I. Approve assignment of easement to Star Cablevision. m. Approve School/Conference Request - Finance - General Ledger Software. n. Adopt RESOLUTION NO. R139-92 approving snow removal contract with MnDOT. o. Adopt RESOLUTION NO. R140-92 ordering Feasibility Report for Project 93-2 - 195th Street from TH 3 to CSAH 31. p. Adopt RESOLUTION NO. R141-92 ordering Feasibility Report for Project 93-1 - Ash Street from TH 3 to RR tracks. q. Approve Budget Adjustment - Public Works - driveway at shop. r. Approve payment of the bills as submitted. APIF, MOTION CARRIED. 11. Presiding Officer Orr opened a public hearing at 7:30 P.M. to consider the assessment roll for Project 92-7 - 4th Street Improvements. Engineer Kaldunski presented an overview of the project, noting the types of improvement and that the contractor had not completed the project (wear course, sidewalks, boulevards, driveways and trees). Administrator Thompson noted the following written objections: Carroll and Marie Auge, Matthias May, Neil and Linda Perkins, and ISD 192. Bob Michael: If water main was eliminated, why did my assessment only go down $400? I'm not sure. Probably other units came in higher. What percentage of the project is completed? Approximately 80%. The critical areas are completed, but a contingency should be set aside. Asst. Eng. Matthys: Gale Sprute: Eng. Kaldunski: Gale Sprute: Asst. Eng. Matthys: Gale Sprute: 5%. Maybe reduce contingency or eliminate. Is assessment roll based on bids or engineer's estimate? Cm. Orr: Actual bids. Council Minutes - 11/16/92 - Page 3 '],:Q::'': ... . >' le.' Gale Sprute: I understand the reasons behind the project standards, but I would like my gravel driveway to remain. Also I would like the Council to consider reducing the contingency. Cm. Orr: Gale Sprute: We can consider it. Cm. Mayer: Asst. Eng. Matthys: I was also informed by the Engineering staff that my gravel driveway could remain. Is that true? We originally informed Mr. Sprute that the gravel drive could remain, but then discovered City policy requires a paved drive. Bob Michael: Have my driveway costs been included? What is the difference between the original estimate and the proposed assessment? The driveways are included. The original was $4,950, the proposed is $3,725. Why are some sidewalk costs different? They were prorated by condition of existing concrete. We have videotape of all existing sidewalks. What is included beside construction costs? Adm. Thompson: Darlene Brummond: Asst. Eng. Matthys: Art Holmes: Eng. Kaldunski: Cm. Orr: Engineering, legal and administrative. Mostly engineering. 12. Presiding Officer Orr opened a hearing at 8:00 P.M. to consider the proposed assessment roll for Project 92-8 (195th Street). The hearing was continued until later in the meeting. 13. Neil Perkins: How many building units am I being charged for? How many will be deferred? We will deal with deferrals towards the end of the hearing. I did not write a letter, but I would like the Council to consider a deferral. Cm. Orr: Sue Clayton: Bob Michael: Eng. Kaldunski: Are the streets uniform in width? There was a staking error so one of the streets is approximately 2 feet wider. Are we paying for the deferrals? No. Bob Michael: Cm. Orr: Cm. Mayer: Ad valorem taxes cash flow the deferrals until they are paid. Will interest be charged against the deferred assessment? There is no policy on deferrals. Charging interest is at the Council's discretion. What is the City going to do with the private sewer hookups on the west side of 4th Street? Eng. Kaldunski: The existing private line is on private property and will require consent of the owners if the City is to replace it with services to the public line. Staff will need direction from the Council on this matter. Cm. Ratty: Adm. Thompson: Bob Timm: Council Minutes - 11/16/92 - Page 4 Cm. Ratty: Eng. Kaldunski: Cm. Orr: Jim Purdy: Eng. Kaldunski: Tom Albertson: Were the services in the contract? Yes, but only to the property line. The property owners could have the lines installed individually The gas company sub cut my driveway and left black dirt which will have to be replaced. Staff is aware of the problem. Why is the cost of my driveway so high? Asst. Eng. Matthys: It was estimated to be replaced all the way to the garage. It can be reduced if you do not wish to have the City install the driveway beyond the property line. How will it affect the action tonight? Just add it to the motion and staff will recalculate. Are there any liquidated damages to be charged? The contractor is still within the set timelines. What potential problems can you foresee? There shouldn't be too many problems since the underground work has been completed. A lengthy discussion followed regarding the concerns raised during the hearing: Cm. Ratty: Eng. Kaldunski: Cm. Orr: Adm. Thompson: Eng. Kaldunski: Cm. Orr: Tom Albertson: Darlene Brummond: Neil Perkins: Cm. Orr: Asst. Eng. Matthys: Cm. Orr: Adm. Thompson: Cm. Orr: Eng. Kaldunski: Cm. Mayer: Eng. Kaldunski: Cm. Mayer: Eng. Kaldunski: When does he have to decide? This evening. What is the bid price? $2.20 per square foot. I can recalculate the assessment. Perhaps we can assess for driveway to the property line and sign a separate agreement for the drives on private property. That sounds reasonable. I would like the same consideration. Why was my driveway narrowed? City code only allows a 24' width. It will match up when completed. Has the contingency been reduced in other projects? Yes. a. concrete driveways, b. contingency, c. deferrals including ISD 192's request, d. installation of driveways on private property. It was suggested that Mr. Sprute's driveway assessment be deferred, or eliminated or allow his driveway to remain gravel. 14. Presiding Officer Orr opened a public hearing at 8:30 P.M. to consider the assessment roll for Project 92-16 (Dakota County Estates 7th Addition). The hearing was continued until later in the evening. ~ Council Minutes - 11/16/92 - Page 5 q~,..~ '~L ,f 15. Discussion followed regarding Mr. Sprute's driveway. Mr. Sprute stated that he did not want the assessment deferred, but to allow the driveway to remain gravel because he was misled by City staff. Attorney Grannis stated that whatever the Council decided, it would have to give the same consideration to all owners. No consensus was achieved at this time. The Council next considered deferrals for lots which, because of the location of existing houses, were not buildable at this time. It was the consensus of the Council that the May, Auge, Durbin, Clayton and Perkins lots could be deferred. ISD 192 Business Manager Mark Beltz argued that the sewer and water for the school property should be deferred because the School District received no direct benefit at this time, nor in the near future. The Council agreed that the School District's assessments for sewer and water could be deferred no longer than 3 years because the land was vacant. It also agreed that owners requesting a deferral sign an agreement and interest accrue at 6~% per year. Attorney Grannis noted that the agreement would expire after 30 years unless the property was split. The Council next considered the west side sewer lines. It was agreed that it would be up to the homeowners as to how the individual hookups were to be made, and that the homeowners would pay 100% of the costs. MOTION by Mayer, second by Rotty to close the hearing. APIF, MOTION CARRIED. MOTION by Orr, second by Rotty to adopt RESOLUTION NO. R142-92 adopting the assessment roll for Project 92-7, 4th Street Improvements, with the following changes: a. Assessments for homeowners of multiple lots be deferred until split, with an annual rate of interest of 6.5% contingent upon the City receiving.a signed agreement. b. ISD 192 sewer and water assessment be deferred for 3 years upon the City receiving a signed agreement at an annual interest rate of 6.5%. c. Contingency be reduced to 1%. d. Driveways to be assessed to the property line. e. Owners affected by the west side private sewer line should work with the engineering staff to achieve individual hookups. Private lines to be abandoned within one year. MOTION by Mayer, second by Rotty to assess the Katherine Sprute property for the equivalent of a 12' driveway. VOTING ON THE AMENDMENT- AYE: Mayer, Ratty. NAY: Orr. MOTION CARRIED. VOTING ON THE ORIGINAL MOTION - AYE: Orr, Ratty. NAY: Mayer. MOTION CARRIED . 16. The Project 92-8 (195th Street) assessment hearing was reopened. Administrator Thompson presented an overview of the assessments noting that the Seed Trust had suggested donating easements and a future fire hall site in exchange for reduced assessments, and John Devney had asked the water assessment be deferred. Administrator Thompson presented a letter from the Seed Trust appealing the amount of the assessments. John Devney also presented a written appeal. Staff was directed to negotiate the value for the Devney easements and Seed easement/fire hall site and consider adjusting the assessment roll if agreements were reached. MOTION by Mayer, second by Rotty to close the public hearing. APIF,MOTION CARRIED. MOTION by Rotty, second by Mayer to adopt RESOLUTION NO. R143-92 adopting the assessment roll for Project 92-8 as presented. APIF, MOTION CARRIED. 17. The Project 92-16 (Dakota County Estates 7th Addition) assessment roll public hearing was reopened. Administrator Thompson presented an overview of the project. Engineer Kaldunski recommended the costs be reduced by $7,650 for boulevard work performed by the developer. MOTION by Mayer, second by Rotty to close the hearing. APIF, MOTION CARRIED. MOTION by Mayer, second by Rotty to ado.pt RESOLUTION NO. R144-92 adopting the assessment roll for Project 92-16 with the reduction of $7,650 for boulevard work. APIl,i', MOTION CARRIED. Council Minutes - 11/16/92 - Page 6 18. Presiding Officer Orr opened a public hearing to consider the following licenses: Applicant Doris Louis dba Rite Touch Eagles Club Aerie 403 VFW 117662 Farmington Lanes Longbranch Saloon American Legion Type Therapeutic Massage Club/Special Sunday Liquor Club/Special Sunday Liquor On Sale/Special Sunday Liquor On Sale/Special Sunday Liquor On Sale/Special Sunday Liquor MOTION by Rotty, second by Mayer to close the hearing. APIF, MOTION CARRIED. MOTION by Mayer, second by Orr to approve the aforementioned licenses. APIF, MOTION CARRIED. 19. It was the consensus of the Council that it not delegate responsibility for the local board of equalization to Dakota County. 20. The Council next considered the draft MSA CIP Update as outined in the City Engineer's memo dated October 29, 1992. It was the consensus that the CIP include Walnut Street, Oak Street, 195th Street (off system) and realign Essex (Pilot Knob). First Street from Walnut to Ash Streets should be designated as an MSA route. The next major projects should be connecting future Pilot Knob Road and CSAH 74 and completing 208th Street to TH 3. Staff was directed to prepare a resolution opposing Ramsey County/St. Paul's request to exceed the 20% designation for consideration at the next regular meeting. 21. The Council next considered the 1993 CDBG program as outlined in the HRA Executive Director's memo dated November 10, 1992. Staff was directed to make its recommenda- tions for approval at the December 21, 1992 meeting. Administrator Thompson presented an update on the Exchange Bank Building as it relates to the CDBG agreement. Mr. Thompson stated that while the agreement called for staff to begin removing the building from historical designation, it had not been aggressively pursued. Mr. Thompson added that the CPC would be inviting the Council to a December 1, 1992 meeting to receive an update. 22. MOTION by Mayer, second by Orr to adopt RESOLUTION NO. R145-92 accepting the 1993 Salary Committee Report. APIF, MOTION CARRIED. 23. MOTION by Orr, second by Rotty to change the November 19, 1992 special meeting to November 24, 1992. APIF, MOTION CARRIED. 24. The following items were discussed during roundtable: a. Met Council response on Low Density Housing. b. Reisinger hearing continued. c. Copy Joe Harris on the letter to Ron Spong. d. Planning Commission to consider Reisinger Conditional Use Permit. e. Mr. Stegmaier was extremely frustrated at the time it has taken for the City to close on the ditch property. f. Update on the Southeast Area Storm Sewer agreements. 24. MOTION by Mayer, second by Rotty to adjourn into Executive Session to consider Police Personnel matters. APIF, MOTION CARRIED. ?1i25. MOTION by Rotty, second by Mayer to adjourn 11 mitt Larr Thompson, Administrator at 12: 15 A.M.. APIF, MOTION CARRIED. Approved /~/71i/2-