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HomeMy WebLinkAbout03.20.89 Council Minutes MINUTES COUNCIL MEETING REGULAR MARCH 20, 1989 1. Mayor Kuchera called the meeting to order at 7:00 P.M. Members Present: Kuchera, Mayer, McKnight, Galler. Members Absent: Sprute. Also Present: Administrator Thompson, Attorney Grannis. 2. MOTION by Mayer, second by McKnight to approve the agenda with the following changes: a. Remove Item 6c - Diseased Tree Removal b. Remove Item lOb - Office Modification - EDC c. Remove Item 11a - Human Resource Coverage - Fire Department - from the Consent Agenda for discussion. d. Remove Item 11e - Civil Defense Siren - from the Consent Agenda for discussion. e. Remove Item 11i - Payment of the Bills - from the Consent Agenda for discussion. APIF, MOTION CARRIED. 3. MOTION by McKnight, second by Galler to approve the minutes of the February 28, 1989 Special "Town" meeting. APIF, MOTION CARRIED. 4. MOTION by Galler, second by Kuchera to approve the minutes of the March 6, 1989 regular meeting. APIF, MOTION CARRIED. 5. MOTION by Mayer, second by Kuchera to approve the Consent Agenda as follows: a. Approve Budget Adjustment - Mt. Dew Days ($500) and Police Part Time ($200) from contingency. b. Approve School and Conference Request - Parks and Recreation - Park Association Annual Conference ($280) and Toro Maintenance School ($20). c. Approve Capital Outlay Request - Pool - Trash Pump - $1,139.71. d. Approve School and Conference Request - Fire - Sectional Fire School - $405. e. Approve School and Conference Request - State Fire School - $240. f. Approve School and Conference Request - Fire - State Fire School - $95. APIF, MOTION CARRIED. 6. Councilmember Galler questioned if the proposed services by Human Resource Associates to the Fire Department was available to all full time employees. Finance Director Henneke stated that it was. MOTION by Galler, second by McKnight to extend the Human Resources Associates coverage to the firefighters per staff recommendation. APIF, MOTION CARRIED. 7. Councilmember Galler stated that it was his understanding that last November the Council had indicated it wished to use the salary contingency to fund the Civil Defense Sirens. Police Chief Siebenaler stated that the Council had directed staff to explore funding sources and the salary contingency was listed as a possibility. MOTION by Galler, second by Mayer to approve the capital outlay request for the Civil Defense Siren for $10,325.00. APIF, MOTION CARRIED. 8. Councilmember Galler asked if the bill for "Lawns by Dawn" was for work already completed. Finance Director Henneke stated that the City receives a discount for prepayment of the services and that no work has been done this year. MOTION by Galler, second by Kuchera to approve the bills as submitted. APIF, MOTION CARRIED. 3/20/89 - pg. 2 9. The City Council acknowledged the resignation of Wallace ~eyer from the Senior Center Advisory Council and indicated that the Senior Center Advisory Council should seek a candidate to replace Mr. Beyer and make its recommendations to the Council accordingly. 10. Mayor Kuchera opened a public hearing at 7:15 P.M. to consider the pre- liminary plat of Country Hills. City Planner Tooker gave a brief description of the location and layout of the plat and reviewed the conditions set forth by the Planning Commission. Mr. Tooker stated that the only area of dispute at this time appeared to be the surety. Dave Heller, representing the developer, gave a brief overview of the proposed project. Mr. Heller explained that the plat had been before the Council last Fall, but had been withdrawn because the costs had been prohibitive. Mr. Heller stated that since then, the sellers, engineer and contractors had made concessions which now made the project feasible. Mr. Heller added that the surety requirements, which weren't mentioned last Fall, now had increased the project costs which may make the project costs prohibitive. The following testimony was given: Mayor Kuchera: Dave Heller: em. Galler: What are the anticipated values of the homes? Approximately $100,000. Is 190th Street going to have curb and gutter on both sides? Eng. Kaldunski: The street will have curb and gutter on both sides west of Euclid Path. The reason is that the road east of Euclid Path is only going to be widened. em. Galler: My major concern is the stormwater runoff on to the property east of CSAH #31. The water presently crosses under #31 and across Robert Stegmaier's property. The runoff presently floods the you may have noticed during the recent snow melt. The pond north of will control the runoff so peak flows will not increase over the present But the total volume will increase because of the paved streets, rooftops and so on. The increase in runoff is not that great compared to the total drainage area. But the volume will increase somewhat. If you alter the course or add to the volume of runoff, you are subjecting yourself to some exposure. Eng. Kaldunski: We are alleviating most of that through ponding. You could construct a ditch or storm sewer across Mr. Stegmaier's field. I would recommend a ditch over storm sewer because it's not certain how Mr. Stegmaier's property will develop. Eng. Kaldunski: field as the plat rate. em. Galler: Eng. Kaldunski: Mayor Kuchera: Dave Grannis: Mayor Kuchera: Eng. Kaldunski: Russ Rahn: Eng. Kaldunski: How large are the cul-de-sacs? 60' radius for the right of way and 50' radius paved. They will be larger than the older City cul-de-sacs. A portion of my property will be flooded by the pond. I am concerned that the pond will flood everything. The pond is designed to hold approximately 4' of water during a 100 year event. Normally the pond will be dry. I've never had any flooding on my property. I better not have any problems after the property is developed. What recourse will we have if our property does flood? It has been designed so that it will not happen, unless we get more than a 100 year event. What will we do with the water standing in the pond? I have day care. It has been designed as a dry pond, so the water should only stand in it for short periods. Aren't you worried about contaminating your City wells with the pond? DNR, MPCA and Department of Health have reviewed the pond. It shouldn't pose a problem. Will 190th Street have the same problems as Pine Knoll without curb and gutter? Eng. Kaldunski: While 190th Street was listed as a "temporary" road when it was installed, it was designed to meet the City's weight criteria. Pine Knoll's streets were not. 3/20/89 - pg. 3 Russ Rahn: Emily Rahn: Eng. Kaldunski: Emily Rahn: Eng. Kaldunski: Gary Camerson: Eng. Kaldunski: Craig Schlawin: Craig Schlawin: Outlot "B" is going to be given to the City. garbage and debris has been deposited on it? to pay for the cleanup? Eng. Kaldunski: Gary Cameron: Do you know Who's going That would be a Council decision. Has future access to the rest of the Nelson Farm and my property been addressed? Charles Tooker: Euclid Path will gradually curve to the east and down the old farm lane. At the bottom of the hill, it will have access to CSAH #31. Euclid Path will then continue to the Cameron property and eventually Terra Addition. A road will also be built on top of the hill to the Cameron property and eventually Hill View 5th Addition. Additional access to the Nelson property will come off of 190th Street. (Mr. Tooker displayed a future layout of the streets.) Repair of the gas line could block the streets. The gas company insisted the streets cross the gas line at near perpendicular angles. Can Emerald Lane be changed to some other name? The streets are named by the County to comply with the State's 911 system. em. Mayer: While I have a great concern regarding the storm water system, the major hurdle is the surety question. It has been the Council's position that adequate insurance is provided so that all improvements are installed. Gary Cameron: Charles Tooker: Gary Cameron: Charles Tooker: Bill Huser (Heritage): It is not economically feasible to improve the plat in one phase. The letter of credit on the second phase would add $1,000 to $1,200 to the cost of a lot. I can see the point of the City requiring the surety, but we don't want to build a plat that is economically not feasible. The letter of credit requirements came as a surprise to us because it was not mentioned last Fall. 3/20/89 pg. 4 Adm. Thompson: Heritage was copied a memo last September which stated, in part, that staff was recommending surety for the full plat and the Planning Commission recommended on September 15, 1988 that full surety be required. (Administrator Thompson explained the potential problems which could occur if the full surety wasn't deposited as outlined in his March 16, 1989 memo to the Council.) The Developer could post surety for the first phase for privately funded improvements, and execute a publicly funded developers agreement for the second phase, and if the second phase improvements are not installed within a given period, the City would install the improvements and assess the property. The Developer would waive their right to appeal and post surety to cover a set amount of the assessment payments. Bill Huser: I'd like the Council to make a decision on the plat tonight. Att. Grannis: The Council can close the public hearing and direct staff to prepare a resolution approving the preliminary plat with certain conditions. Adm. Thompson: The Council should be aware that once the preliminary plat is approved, it has very little discretion in denying the final plat. So, in essence, approval of the preliminary plat constitutes approval of the final plat. em. Mayer: plan. How much Eng. Kaldunski: em. Mayer: Eng. Kaldunski: affected.) em. Mayer: Eng. Kaldunski: em. Mayer: Eng. Kaldunski: em. Mayer: it be fenced? The surety proposal outlined by the Administrator appears to be acceptable, but I still have concerns with the storm water of the north pond is on the Rahn property? I'm not sure, but I'd guess 95% on the Nelson property and 5% on the Rahn property. What areas will the pond in Outlot "B" serve? It will serve a much larger area than the plat. (Mr. Kaldunski reviewed the City's master storm water map and the areas Will this be a dry pond? Yes. Will Outlot "B" be City owned? That is what's proposed. I am opposed to any City owned pond. I believe the Council went through this same issue with Dakota County Estates. Will The City addressed the fencing issue and basically stated that if a problem is noted in the future, a fence would be installed. Att. Grannis: Public or private ownership of a pond does not play a big factor in the City's exposure to liability, but it could play a role in the maintenance of the pond. Adm. Thompson: Adm. Thompson: Mayor Kuchera: Eng. Kaldunski: The lot line can be extended to include Outlot "B" under private ownership, but the City would require a ponding easement. Would the City be responsible for keeping Outlot "B" clean and maintaining it if we owned it? Yes. 3/20/89 pg. 5 em. Mayer: Bill Huser: Has there been dumping on it? No. Also, private ownership of the pond would be acceptable. MOTION by Galler, second by McKnight to close the hearing. APIF, MOTION CARRIED. 11. Councilmember Mayer asked if there would be any grading along the gas line. Mr. Kaldunski replied that there would be minimal grading. Councilmember Mayer asked if there would be any structures built on the gas line. Mr. Tooker stated that there would not be any buildings on the gas line. MOTION by Galler, second by Kuchera to direct staff to prepare a resolution approving the preliminary plat contingent upon the following: a. Approval by the City and execution of a developers agreement which, among other things, assures all improvements will be installed. b. Stormwater runoff onto property east of CSAH #31 is adequately addressed to the Council's satisfaction. c. Developer pays all required fees and deposits required surety. d. Streets are named per County recommendations. e. Outlot "B" is eliminated, lot lines are extended through vacated Outlot "B" and an adequate stormwater drainage/ponding easement is dedicated in lieu of Outlot "B". f. Developer dedicates a stormwater ponding/drainage easement north of the plat adjacent to CSAH #31 per City requirements. g. Developer be credited for land value of ponding/drainage easements against the stormwater management fees. h. The full width of 190th Street must be constructed between Euclid Path and the western edge of Lot 1, Block 1. In addition, the right of way between Lot 1 and the western limits of the plat must be graded to 2 feet above the 100 year high water level. i. A storm sewer shall be constructed by the City on the west edge of County 31 between the storm sewer in cul-de-sac B to the proposed pond listed in "f" above utlizing storm water management fees generated by this development. j. The developer shall be required to post a bond to assure that the storm water drainage on Block 2 will be handled exactly as designed. k. The plat shall include a fifty foot (50') wide gas easement adjoining the north edge of 190th Street in Lots 1, 2 and Outlot A in Block 3, and the developer shall sign an agreement with ENRON assuming the cost of relocating the 2" pipeline out of the right of way of 190th Street. I. Outlot A shall be dedicated to the City for construction of a City well and wellhouse and as a possible relocation site of the gas metering station situated in the proposed right of way of County 31. The value of this site will be credited against the water area service charge generated by the proposed plat. m. The park dedication will be taken in cash to help acquire a useable park site to the north of this plat. APIF, MOTION CARRIED. 3/20/89 pg. 6 12. The Council next considered a request by Art Leibfried to reconsider his rezoning denial. Administrator Thompson presented the background on the issue. Mayor Kuchera asked why the Budget Mart did not hook its sewer into the force main. Jim Emond stated that perhaps the existing business' drain field was adequate to accommodate the Budget Mart. Administrator Thompson gave a lengthy background regarding proposed developments in the area and then explained that the Council had always discouraged the property from developing until the sanitary sewer and drainage problems had been resolved. Mr. Thompson stated that the major stumbling block had been allowing any developments hooking into the Henderson lift station. Dean Svela stated that he owned a car wash and that he discharged over 300,000 gallons of water per year. Jim Emond stated that the proposed car wash would recycle the water. Mr. Emond added that the sewer issue would be addressed when a permit was requested, but the first obstacle was to get the property rezoned. Right now it doesn't pay to prepare detailed plans and specifications until they have the proper zoning. Mary MacEnany objected to the rezone because it was the first step and she was opposed to any additional sewage being put in the Henderson system. Florence Frankhauser stated that she was opposed to the rezone because of the present noise problems associated with the Budget Mart. An unidentified individual stated that it was his understanding that an apartment building could be constructed on the site, so the concerns of the residents relating to the sewage should be property addressed by banning any future hookups to the force main. Administrator Thompson stated that the property in question had not been assessed for the sewer system serving the Henderson, Schultz, and Townsedge additions, so the City was not obligated to allow the property to be served by it. Mr. Thompson stated that if the major concern of the Council was the sewer system, it should be addressed by banning future hookups to the syst~m rather than through land use decisions. Richard Volvosek stated that the sewer and stormwater problems will not be resolved until de- velopment is allowed to pay for it. Mayor Kuchera stated that he did not want to see the problem go from bad to worse in the mean time. Administrator Thompson stated that the impact on the sewer system was an engineering matter. City Engineer Kaldunski stated that he was not in a position to give a definite answer until he had all the pertinent information. Councilmember Mayer stated that this appeared to be a two-pronged issue - Land Use and Sewer Capacity. He felt that the car wash would have a great impact on the sewer, but he assumed that the Budget Mart and Leibfried Construction will want to hook into the sewer system. Councilmember Mayer added that his biggest concern was piecemeal zoning of the area and that a comprehensive development plan of the area should be prepared. Councilmember Galler stated that he agreed but before any developer prepares a plan, the zoning must be conducive. Councilmember Galler stated that if the major concern was the sewer line, the Council should ban future hookups. Attorney Grannis stated that, since Mayor Kuchera cast the only negative vote on the motion to rezone, only he could bring it back for reconsideration. Mayor Kuchera indicated that he did not wish to reconsider the vote. MOTION by Mayer, second by Galler to ban any future hookups to the Henderson, Schultz, Townsedge additions sewer system, including the force main, until the sewer surcharge issue has been resolved and to study the extension of all utilities and streets to the area east of T.H. 3. APIF, MOTION CARRIED. 13. Stan Schultz appeared before the Council to request that No Parking signs on the north side of Elm Street in front of Hardee's not be put in place. A lengthy discussion followed regarding the north and south signs. MOTION by Mayer, second by McKnight to eliminate the placement of the No Parking signs on the north side of Elm Street across from Hardee's on an interim basis. APIF, MOTION CARRIED. 3/20/89 pg. 7 14. The Council next considered a request by Dean Svela to reduce the sewer bill on his car wash. Finance Director Henneke explained that the Council had adopted a policy whereby commercial sewer bills were based on the MWCC SAC manual. Mr. Henneke noted that the SAC manual was based on peak flow and the owner had presented evidence that the car wash had large seasonal fluctuations and that an adjustment would be in order. Administrator Thompson stated that the Council had indicated that it would consider reducing bills if the appeal was presented in writing. MOTION by Galler, second by Mayer directing staff to research billing all metered accounts on a per gallon basis. APIF, MOTION CARRIED. 15. MOTION by McKnight, second by Mayer to return $700 of the Fischer Sand and Gravel surety for the 1982 Street Improvement Project. APIF, MOTION CARRIED. 16. MOTION by Galler, second by Kuchera to approve a budget adjustment reducing MSA Maintenance Funds by $6,890 and increasing Engineering Fees by $6,890 in the General Fund. APIF, MOTION CARRIED. 17. The Council next considered a request for salary reimbursement for Firefighter Mike Pesek. Administrator Thompson explained that Mr. Pesek's unusual work schedule did not allow him to attend the required Firefighter I school without missing work. The Council did express concern regarding setting a precedent by granting the request but noted that it was a highly unusual case. It was indicated that requests like this would be considered on a case by case basis. MOTION by Mayer, second by Galler to reimburse Mr. Pesek up to $283.50 at $5.25 per hour for wages lost while attending Firefighter I school and to fund the request from Firefighter's salaries. APIF, MOTION CARRIED. 18. During roundtable, the following items were discussed: a. The following awards to be presented: 1. Plaques - Phyllis Kelly, Ken Gerten, Dan Whittier. 2. Certificate of Commendation - Denny Donaldson, Rollin Sampson. b. Commended the Boy Scouts for their assistance in distributing recycling containers. 19. General Services Superintendent Tom Kaldunski stated that the Spring thaw was about to begin and that sewer bypassing (pumping) may be required. Mr. Kaldunski stated that based on comments he had heard from residents, he requested the Council acknowledge and support the need for bypassing. MOTION by Kuchera, second by Mayer to authorize and direct the General Services Superin- tendent to bypass the sanitary sewer as deemed necessary. APIF, MOTION CARRIED. 20. MOTION by McKnight, second by Mayer to adjourn at 11:00 P.M. CARRIED. APIF, MOTION ?7Th~~ City Administrator Approved l-{~ 3,-~O\