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HomeMy WebLinkAbout06.05.89 Council Minutes MINUTES COUNCIL MEETING REGULAR JUNE 5, 1989 1. Mayor Kuchera called the meeting to order at 7:00 P.M. Members Present: Kuchera, Mayer, McKnight, Sprute, Galler. Members Absent: None. Also Present: Administrator Thompson, Attorney Grannis. 2. MOTION by McKnight, second by Sprute to approve the agenda with the following changes: a. Remove item Sa - Excavation Permit - from agenda. b. Add item ge - Personnel - Part Time Police. c. Add item 13a - Request for Payment - Budget Adjustment - Cracksealing. d. Remove item 11h - Bills - from the Consent Agenda for discussion. e. Remove item 11a - HRA Applicants - from the Consent Agenda for discussion. APIF, MOTION CARRIED. 3. MOTION by Sprute, second by Mayer to approve the minutes of the May 15, 1989 regular meeting with a change in paragraph #13 that Councilmember Sprute recommended the amendment rather than Councilmember Mayer. APIF, MOTION CARRIED. 4. MOTION by Galler, second by Kuchera to approve the minutes of the May 24, 1989 special meeting. APIF, MOTION CARRIED. 5. Gary Cameron commended the Council on the appliance drop off day it recently sponsored. 6. Jack Benedict commended the Council for its stance opposing the incinerator. 7. Gary Cameron requested the Council monitor the extra traffic from the detour of Cedar Avenue on to CSAH #31. 8. MOTION by Sprute, second by Mayer to set a public hearing for July 6, 1989 at 7:15 p.M. to consider the application for IRB's to be used by Duo Plastics. APIF, MOTION CARRIED. 9. Mayor Kuchera opened a public hearing at 7:15 P.M. to consider the excavation permit application by Reisinger Excavation for 5736 Upper 183rd Street West. Superintendent of General Services Kaldunski stated that Reisinger had first submitted the required information at 4:30 this afternoon and since he did not have time to review the information, recommended that the hearing be continued. James Reisinger, Jr. stated that he could explain the proposed project verbally. Mr. Reisinger stated that he wished to remove approximately 3,000 cubic yards from the back yard and regrade the drainage along the lot lines so the property owner would have flat back yard and improved drainage. The plans had been changed so that the parkland was not affected. The following testimony was given: Cm. Galler: What is your timetable? Mr. Reisinger: It depends on the demand for fill in Dakota County Estates; 1 month, perhaps 2. Eng. Kaldunski: The permit application states until November, 1989. 10. Mayor Kuchera opened a public hearing at 7:30 P.M. to consider the pre- liminary plat of Dakota County Estates 6th. The hearing was continued until later in the evening. 11. Cm. Galler: Mr. Reisinger: What are your erosion control plans? The project will be done in phases. Cm. Galler: What will the hours of operation be? (Engineer Kaldunski read the entire permit application.) I'm concerned about all the kids being out of school and trucks hauling. Gary Cameron: Cm. Mayer: Eng. Kaldunski: damage. Since I know the amount. Cm. Mayer: Mr. Reisinger: Cm. Sprute: Eng. Kaldunski: are. I was concerned about the parkland being disturbed, but now I under- stand they are not going to touch it. Will surety be required? If so, how much? The application states no surety is to be provided. I would strongly recommend surety be provided for potential street have not had time to review the application thoroughly, I do not How many truckloads? About 300 truckloads. Are the streets in good shape? What is the design? They are in relatively good shape with a few places that need patching. I have not researched what the design of the streets If they are only 5 ton design, the trucks would be 4 tons over. I am extremely concerned about damages to the streets. Eng. Kaldunski: The major problem of damage occurs in the Spring. The City is constantly exceeding design limitations in residential areas with its garbage trucks. Cm. Sprute: Cm. Mayer: Mr. Reisinger: Cm. Sprute: Eng. Kaldunski: Cm. Sprute: Eng. Kaldunski: Cm. Sprute: Mr. Reisinger: Cm. Galler: Eng. Kaldunski: Cm. Sprute: Att. Grannis: With 300 trucks, I agree we need the surety. If the streets start breaking up, we'll stop hauling. The job would not be worth repairing the streets. How old are the streets? They were built in the early 1970's. Older streets break up easier. I have a problem approving the permit even with surety. How much surety would be required? I don't know. Again, I haven't had time to research it because I didn't have the information. Could you haul 1/2 loads? It would not work out financially. How much of a problem would it be on the streets? The potential for damage is there. Does the City have any potential liability if the permit is granted? Not from surrounding homeowners or accidents. The liability would mainly be if the streets broke up. Cm. Sprute: Att. Grannis: Cm. Sprute: concerns. My caused by the Eng. Kaldunski: sections. Cm. Sprute: Mr. Reisinger: What if the neighbors didn't like the reshaping of the grade? That would pose no problem. I feel the City water problems, major concern is the project? should try to help the property owner with his but the City Engineer has brought out legitimate streets. How do you determine what damage was We'll patch the streets first, then videotape it. Mr. Reisinger and I would go over the streets together and agree on marginal What type of equipment would be used? Tandem trucks and cats. Mayor Kuchera closed the public hearing. 12. MOTION by Galler, second by Kuchera that the permit be granted subject to the following conditions: a. Contractor provide surety in an amount determined by the City Engineer for possible damage to streets. b. Grading only occurs within the property boundaries of 5736 Upper 183rd. c. The contractor revegetates any graded areas within 5 days. d. City repairs streets before grading begins. e. Contractor signs a document noting all substandard areas of the haul streets. APIF, MOTION CARRIED. 13. Mayor Kuchera opened a public hearing to consider the proposed preliminary plat of Dakota County Estates 6th Addition. Administrator Thompson gave a brief overview of the project noting the following areas of concern: a. The project must be brought substantially up to grade or surety provided. b. Whether or not the Council will waive the surety provision for principal and interest payment on the City's cost of improvements. The following testimony was given. Jack Benedict: Mr. Thompson gave a good explanation of the plat. April Shell: (Mr. Benedict showed the location on the City map.) Where is the plat located? April Shell: Mr. Thompson: Cheryl Rederach: Will it be all single family units? Yes. Could you do something about the weeds? Mr. Benedict: The City normally takes complaints, and they are very efficient about enforcing the ordinance. We normally try to respond right away, but it may take a couple of weeks. If you have a problem, call Kathy Henderson. Mayor Kuchera closed the public hearing. Council Minutes - 6/5/89 14. Councilmember Mayer raised a number of concerns regarding stormwater runoff in relation to the proposed ditch and pond improvement project south of the plat. Superintendent of General Services Kaldunski noted that this project would not be affected by the ditch/pond improvement and that the project would use the existing 60" storm sewer. Administrator Thompson recommended that if the plat was acceptable, staff should be directed to prepare a developers agreement and resolution approving the preliminary plat and authorizing the signing of the final plat contingent upon the following: a. Signing of a developer's agreement for publicly funded improvements. (MSA 429) b. Deposit of required fees and sureties. c. Receipt of a surveyor's certificate stating the final plat is identical to the preliminary plat. d. Submittal of a reproducible print. Councilmember Mayer asked if the truck traffic would hurt the streets. Mr. Kaldunski stated that all the streets in Dakota County Estates were equivalent to a 9 ton design. Councilmember Mayer stated that the City should remain consistent and keep the surety requirement the same as in previous phases. MOTION by Galler, second by McKnight to direct staff to prepare the aforementioned documents. APIF, MOTION CARRIED . 15. The Council next considered a petition to use oil instead of chloride on 220th Street West. Superintendent of General Services Kaldunski noted that about half of the persons whose signatures were on the petition lived in Eureka Township. Mr. Kaldunski stated that the City had used oil in the past on high speed roads but because of a lawsuit and the problems experienced with potholes and maintenance, the City Council had switched to chloride. Mr. Kaldunski added that if the Council switched back to oil, the dust complaints were going to change to pot hole complaints, and General Services would have to purchase special equipment to maintain the road. Discussion followed with residents along 220th Street regarding the severe dust problem. It was noted several times by residents that chloride was not doing a satisfactory job. The Council discussed the possibility of improving 220th Street, but noted that it would be difficult because half of the road abutted Eureka Township. Councilmember Galler noted that if the Council was going to remain consistent, then oiling all gravel roads should be considered. Mr. Kaldunski again noted that the City may receive a similar lawsuit and that the complaints over potholes would increase. It was the consensus of the Council that the dust problems outweighed these concerns. MOTION by Sprute, second by Mayer to place oil base dust control on 220th Street West in front of Farmington residences and to transfer the funding from contingency. VOTING FOR: MAYER, MC KNIGHT, KUCHERA, SPRUTE. VOTING AGAINST: GALLER. MOTION CARRIED. Councilmember Galler clarified his vote stating that he was not opposed to the oil, but that it should have been for all gravel streets in Farmington. 16. MOTION by Mayer, second by Galler to adopt RESOLUTION NO. R35-89 relating to the issuance of a $310,000 Certificate of Indebtedness to the First National Bank of Farmington. APIF, MOTION CARRIED. 17. It was the consensus of the Council that staff prepare an ordinance relating to all public hearings being set administratively. 18. The Council next considered the proposed solid waste ordinance and policies which was discussed at the May 24, 1989 work session. Councilmember Mayer stated that a time limit should be placed on the review of 60 gallon containers and credits. Councilmember Sprute stated that he supported the time limits, but felt that some people couldn't handle the 90 gallon containers right now and 60 gallon containers or plastic bags should be made available immediately. Councilmember Galler stated the City should have a "shakedown" period in order to determine the demand for smaller containers. Councilmember Sprute stated that he agreed with the need for the ordinance and policies, but felt strongly that 60 gallon containers and senior credits be addressed immediately. Councilmember Mayer stated that since the entire Council agreed that these matters would have to be addressed, that staff present a proposal for studying these needs. It was the consensus of the Council that per recommendation of the City Attorney, the penalty be increased to $700.00. MOTION by Mayer, second by Kuchera to adopt ORDINANCE NO. 089-214 and policies relating to solid waste collection and to direct staff to prepare a proposal for determining various needs. APIF, MOTION CARRIED. 19. Independent City Auditor Ken Malloy presented the 1988 City financial report. Mr. Malloy reviewed the management letter which noted shortcomings and suggested certain improvements in the accounting system. Mr. Malloy noted that while some deficit fund balances need to be addressed, the overall financial condition of the City is healthy. MOTION by Kuchera, second by McKnight to adopt RESOLUTION NO. R36-89 accepting the 1988 Audit Report. APIF, MOTION CARRIED. 20. The Council next reviewed the Administrator's memo dated June 1, 1989 relating to General Services space needs. It was the consensus of the Council that the present site and the old wastewater treatment plant site could be eliminated. Councilmember Sprute stated that he was extremely disappointed that staff had not followed through with his suggestion that a cold storage building be constructed on the Fire Hall site. MOTION by Galler, second by Sprute to have staff study the industrial area site on T.H. 50, Adelmann's property and the property south of the Fire Hall. APIF, MOTION CARRIED. 21. MOTION by Sprute, second by McKnight to have staff discuss constructing a steel building on the Fire Hall site. APIF, MOTION CARRIED. 22. The Council next considered a staff report on potential sites for the proposed compost facility. Administrator Thompson requested that the Council make a deter- mination whether or not the City was going to proceed with the project. Mayor Kuchera stated that he felt the project should be delayed. Councilmember McKnight stated that if the City pursued composting, he favored the MWCC site. Councilmember Sprute stated that at one point in time he felt the compost facility and County plant could both be built, but after the County had designated one of its potential sites close to Farmington, he did not feel he could trust the County with their commitment not to tax Farmington residents for the burn plant and, therefore, did not want Farmington residents paying for two facilities. Mr. Sprute added that he could not support the compost facility until the City knew what the County was going to do. Administrator Thompson stated that if the Council tabled the project at this time, the project would be extremely difficult to start again, because the City could no longer count on the grant program. Councilmember Mayer stated if the City did not pursue composting on a local level, the City should pursue it on a County level. Councilmember Mayer asked if the City had any legal recourse with the County. City Attorney Grannis stated that since the legislature gave the County almost all authority relating to solid waste processing, there was little the City could do. Councilmember Galler stated that it would be a mistake to drop composting since there were no solid figures indicating that it could not work. Councilmember Galler stated that the Council had better be prepared to answer the citizens when garbage bills began approaching $100 per quarter. Mayor Kuchera stated that he had talked to the operators of the Fillmore and St. Cloud plants and both had told him a composting facility could not operate with less than 50 tons per day. Councilmember Mayer stated that the City figures showed it could work with 25 tons per day and that the City should not rely solely on the statement of the St. Cloud operator. Councilmember Galler commended staff on their work done on the project. Councilmember Sprute stated that he felt composting was the way to go, but felt he could not trust the County. Councilmember Mayer stated that the City had better be prepared to address the ash landfill siting issue. MOTION by Kuchera, second by McKnight to table the composting project until the City learns of the County's final plans for the incinerator. VOTING FOR: McKNIGHT, KUCHERA, SPRUTE. VOTING AGAINST: GALLER, MAYER. MOTION CARRIED. 23. City Engineer Kaldunski presented the plans and specifications for the T.H. 50 Industrial Park Sanitary Sewer project. Mr. Kaldunski stated the soil borings came back positive and noted there would be a "metering" manhole added. MOTION by Sprute, second by Kuchera to adopt RESOLUTION NO. R37-89 approving the plans and specifications for the TH 50 Industrial Park Sanitary Sewer project and ordering the advertisement of bids. APIF, MOTION CARRIED. 24. MOTION by McKnight, second by Mayer to adopt RESOLUTION NO. R38-89 approving the plans and specifications for a General Services truck, snow plow and sander and ordering the advertisement for bids. APIF, MOTION CARRIED. 25. MOTION by Mayer, second by McKnight to hire Kevin Mincke as a full time Police Officer per the terms outlined in the Police Chief's May 26th memo. APIF, MOTION CARRIED. 26. MOTION by Kuchera, second by Sprute to appoint Jeffrey Thill, Brett Wood and Steve Friemuth as probationary part time officers, and Todd Neumann as a permanent part time officer and authorizing the training per the terms of the Police Chief's memo dated June 5, 1989. APIF, MOTION CARRIED. 27. The Council next reviewed a staff report on surrounding cities transient merchant fees. It was the consensus of the Council that while transient merchants should not be prohibited from selling in the City, the license fees should be amended so that they cannot pick and choose the traditional high sales days. MOTION by Mayer, second by Kuchera to adopt RESOLUTION NO. R39-89 amending Resolution No. R4-89 by changing Transient Merchant fees as follows: Transient Merchant Fee $150 annual APIF, MOTION CARRIED. 28. The Council next considered a report by Glenn Cook relating to resodding and reseeding boulevards in the 1986 Street Improvement Project. MOTION by Kuchera, second by Galler to authorize Mr. Cook to proceed with the project per his report and to fund the project from the 1986 Street Improvement Project fund. APIF, MOTION CARRIED. 29. MOTION by Kuchera, second by McKnight to move the July 3, 1989 Council meeting to July 6, 1989, close City offices on July 3, 1989 and to cancel garbage collections on July 3, 1989. APIF, MOTION CARRIED. 30. MOTION by Sprute, second by Galler to approve the consent agenda as follows: a. Approve the budget adjustment as presented. b. Approve the personnel recommendation for solid waste - Dan Duff. c. Approve a capital outlay request - Arena - sidewalks. d. Approve RESOLUTION NO. R40-89 relating to City Equipment to be auctioned. e. Approve the final request for payment - 90 gallon containers - Macqueen - $9,069.84. f. Approve RESOLUTION NO. R41-89 designating City Hall as a "Smoke Free" building. APIF, MOTION CARRIED. 31. MOTION by Galler, second by Sprute to advertise the vacancy on the HRA. APIF, MOTION CARRIED. 32. Councilmember Sprute stated that he had pulled the bills because he did not feel the door installed by Tom Ryan Construction was acceptable. (The Council inspected the door.) Administrative Assistant Finstuen noted that the holes filled in at the top were staff's responsibility. MOTION by Sprute, second by Galler to withhold payment of the bill of $890 to Tom Ryan and to direct staff to contact Mr. Ryan regarding the installation of a new door or a discount on the bill. APIF, MOTION CARRIED . 33. MOTION by Sprute, second by Mayer to approve the payment of $12,589.85 to Bargen, Inc. for cracksealing and to approve a $2,589.85 budget adjustment from Streets - Salaries to Cracksealing. APIF, MOTION CARRIED. 34. MOTION by Kuchera, second by Sprute to approve the bills except for the Tom Ryan Construction bill. APIF, MOTION CARRIED. 35. During roundtable the following items were discussed. a. Communications from Earl Schlegal regarding being bypassed as City auctioneer. b. The Mayor would be attending the FAA awards ceremony. c. Remove the tire from the Fire Station. d. Possible "brush pickup" day. (Not pursued because the residents do not have to pay to use the County compost facility.) e. Weeds at 1st and Spruce Street. (Notice already sent.) f. Update on County solid waste issues. 36. MOTION by Mayer, second by Sprute to adjourn at 12:30 A.M. APIF, MOTION CARRIED . Respectfully submitted, j(z?:r::- - City Administrator Approved ~- \q ~<3q