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HomeMy WebLinkAbout08.07.89 Council Minutes MINUTES COUNCIL MEETING REGULAR AUGUST 7, 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 Mayer, second by McKnight to approve the agenda with the following changes: a. Move item lOa - City Response to Local 320 Contract Requests to the end of the agenda and hold an executive session. b. Remove payment of bills from the consent agenda for general discussion. APIF, MOTION CARRIED. 3. MOTION by Galler, second by Kuchera to approve the minutes of the July 17, 1989 regular meeting. APIF, MOTION CARRIED. 4. MOTION by McKnight, second by Sprute to approve minutes of the July 19, 1989 special meeting. APIF, MOTION CARRIED. 5. MOTION by Sprute, second by Mayer to approve the minutes of the July 26, 1989 special meeting. APIF, MOTION CARRIED. 6. Lea Blake asked when the street in front of her house was going to be repaired. General Services Superintendent Kaldunski stated that he was awaiting the outcome of the Street Improvement Project hearing, and if the project is not ordered, the General Services Department would patch it. 7. Lea Blake asked if better "No Truck" signs could be placed on Walnut Street and enforce the 10 mph speed limit in the alley behind her block. Ms. Blake also stated that the City should do something about the soot coming from Ericksons. Ms. Blake was told that when she sees violations, she should contact the Police Department. 8. Mayor Kuchera opened two public hearings at 7:15 P.M. to consider projects 89-1 (W. 2nd Street Storm Sewer), 89-3 (Walnut Street - 2nd to 4th Street and 1st Street - Elm to Spruce Imp.), and 89-14 (1st Street - Main to Elm Street improvements). Mayor Kuchera stated that the public hearings would be held at the same time because the subject matter was interrelated. City Engineer Kaldunski presented an overview of the project, outlining the types of improvements and the estimated cost noted in the feasibility report. Mr. Kaldunski stated that the streets would be constructed to a 44' width with a 9 ton design, and that storm sewer, sanitary sewer and water improvements would be installed when required. Mr. Kaldunski also stated that sidewalk would be installed. Administrator Thompson presented the financing and assessment policy, noting that non-abutting property may be assessed. Administrator Thompson presented a letter from Lampert Lumber Company questioning the assessment of non-abutting property. The following testimony was heard: Page 2 - 8-7-89 Council Meeting Walnut Street - 2nd to 4th Streets Eng. Kaldunski: Don Feely: Adm. Thompson: Will the streets be designed to handle heavy traffic? They will be built to a 9 ton design. Will the City use the street as a truck route? I don't believe the Council would ever encourage truck traffic on Walnut Street, but there will be Marcea Vetscher: bus traffic. Jackie Dooley: My ceiling fell in during the last construction project. What will the City do if it happens again? Eng. Kaldunski: The contractor is supposed to take precautoins -- against that. The original damage should have been reported to the contractor's insurance company. interior lots. The rationale could be difficult explaining adjacent lot. I live on 3rd Street, why am I being assessed. The Council adopted a policy whereby corner lots are given a credit which is spread to non-abutting is because assessments must be equitable and it how one lot is assessed 3-4 times the amount of an Arnie Retzlaff Adm. Thompson: 9. Mayor Kuchera opened a public hearing at 7:30 P.M. to consider a single family housing bond program. The hearing was continued until later in the meeting. 10. Arnie Retzlaff: I feel any problems on Walnut Street should have been corrected when 3rd Street was storm water problems. I don't feel it is fair that I repaired, especially the be assessed. Adm. Thompson: Third Street was a County project. The City has used the assessment policy for non-abutting property on previous projects. Arnie Retzlaff: Will the storm water problem be taken care of and will I be assessed for it? Eng. Kaldunski: The trunk sewer will take care of the storm water problem. You will not be assessed for storm water trunk, but you will be assessed for lateral costs. George Johnson: What will my assessment be? Adm. Thompson: It is extremely difficult to tell because of the various sizes of lots, storm sewer costs, driveways, ~ervices, etc. Typical assessments in the past have ranged from $900 - $2200 without sanitary sewer, sidewalks and driveways. Lea Blake: Will my lawn have to be torn up to connect to the sanitary sewer? Eng. Kaldunski: We will only be working in the boulevards. Your lawn won't be disturbed unless you install a new service line on your property. Page 3 - 8-7-89 - Council Meeting Lea Blake Are you going to sod or seed? Eng. Kaldunski: The City specifies sod. Your lawn was seeded this summer because the work was authorized by the Water Board and it is their policy to seed. Lea Blake: Will you save my trees? Eng. Kaldunski: Most likely on your block. If they are in the way, we will probably move them. Also, Tom Ryan requested cost estimates, which I provided to him. 1st Street - Elm to Spruce Streets Wynn Ostlie: Eng. Kaldunski: ask to have them eliminated. Why are you installing sidewalks? It is a State Aid street, and sidewalks are in their design standards. The Council can always Wynn Ostlie: Eng. Kaldunski: What will happen to the high lines? We are looking at an ordinance which would requre utilities to bury their cables. In any event, the lines will have to be moved if they are in the way. Wynn Ostlie: Eng. Kaldunski: Will my evergreen be saved? Probably not. 11. Mayor Kuchera opened a public hearing at 7:45 P.M. to consider the Reisinger grading permit. The hearing was continued until later in the evening. Eng. Kaldunski: What will happen to my driveway? We will try to match grade and saw cut it. Are you proposing sidewalks on both sides? Also, I have an empty lot, will services be provided? Sidewalks are proposed for both sides. As for services, you have a corner lot and the Council side of the lot it will be served. If you ~o the full 44' and center the road~ the sidewalk will be right on my front steps. We will only do work on our own right of way. The street isn't centered right now, so its going to get close to her house. The Council can shift the center line. 12. Wynn Ostlie: Eng. Kaldunski: Don Feely: will have to decide from which Alice Falls: Eng. Kaldunski: Mayor Kuchera: Eng. Kaldunski: Alice Falls: Eng. Kaldunski: What will happen to the FAA cable? If it is in the way, it will have to be buried or moved. Alice Falls: Will my trees be saved? Page 4 - 8-7-89 - Council Minutes The Council has a very good track record of saving trees in projects. Jim Montgomery: I measured the curb and I have 20' of driveway in the right of way. How much will be saved? Where will we park during the project? Eng. Kaldunski: Eng. Kaldunski: You will probably have to park in the alley or on Oak Street. There will be some incon- venience. We will leave most of your driveway intact. Jim Montgomery: Do you know how much of the boulevard and driveway you are going to take? I estimate there should be approximately 17' of boulevard, but the Council can shift the center Eng. Kaldunski: line. Tom Jensen: Are you going to replace walkways from the street? It depends on the condition. Eng. Kaldunski: First Street - Main to Elm Streets John Richardson: Are you going to change our sanitary sewer service? Eng. Kaldunski: Pam Wagner: Eng. Kaldunski: Darrell Franke: No. Eng. Kaldunski: Is any work anticipated on our sanitary sewer? No. Who benefits from this roadwork? It doesn't go anywhere except back to the grain elevator. The Council has recognized the benefit to the whole City. That's why they are paying for 75% of the street. Darrell Franke: Eng. Kaldunski: Delores Minnick: Will the elevator be assessed? No. I wish you would have improved the street earlier. I have a question on how I will park. We can put surmountable curb on your side, or we can put aprons where ever you want them. Why are you putting sidewalks on my side? It's only proposed. The Council can delete them. The next thing that will happen is a bridge will be built over the river and traffic will increase. Adm. Thompson: Any road to the river would have to be built on parkland that was purchased with Federal funds and it is highly unlikely that they would allow it. Eng. l{aldunski: Darrell Franke: Eng. Kaldunski: Darrell Franke: Skip Moench: The sanitary sewer in front of my property has "slipped". Will it be fixed? Yes. Can my sewer be fixed? We'll look into it. Eng. Kaldunski: Delores Minnick: Eng. Kaldunski~ Page 5 - 8-7-89 - Council Minutes Overall Project Don Feely: Is it absolutely certain this project will happen? Eng. Kaldunski: If the Council orders the project after this hearing, I will prepare the plans and specifi- cations. If they are approved the Council will advertise for bids. Once the bids are received the Council can either approve or reject them. Up until the bids are approved the Council can stop the project. I am opposed to the sidewalk. Why do you need the sidewalk? I don't see how the improvement of 1st Street benefits my property. Adm. Thompson: You have to remember the City is proposing to pay for 75% of the project. The proposed streets will have to be improved in the near future and the Council policy states that its participation will decline in future years until it reaches 50%. Don Feely: Helen Davidson: Mike Wagner: Marcea Vetscher: Eng. Kaldunski: Will they construct the street in phases? I would anticipate that they will excavate, repair/install the utilities and backfill so by section. Once all that work is completed, they will and bituminous. so the roads are passible probably install the curb Marcea Vetscher: Where will we park? Adm. Thompson: You will be notified in advance when the streets will be blocked off. I would anticipate you would park on the alleys or sidestreets. "Toby" Tobias: Where does the City's 75% share come from? Adm. Thompson: Helen Davidson: Adm. Thompson: MSA funds, ad valorem, and storm water utility. How are the assessments paid? Annual installments with your property tax statements. You can payoff the balance at any time. Darrell Franke: Adm. Thompson: Jon McElnmry: Eng. Kaldunski: Is interest charged? Yes. Approximately 8% annually. How are assessments determined? Streets are assessed by adjacent front footage after credits are applied. Driveways are 100% assessed by square footage except for the 3' apron. Marcea Vetscher: Eng. Kaldunski: I have a good driveway. We will saw cut it and install the apron so your driveway will not be disturbed. I am in favor of the street, but don't want the sidewalk. Wynn Ostlie: George Johnson: Can I fix my sewer and water lines when they are dug up? Yes. Eng. Kaldunski: Page 6 - 8-7-89 - Council Minutes Eng. Kaldunski: John Richardson: What were you doing on the end of 1st Street last year? Installing storm sewer. Do the assessments on non-abutting lots decrease the further you move from the Helen Davidson: improvement. Cm. Galler: No. Could you explain again what will happen to the power lines? They will be buried or moved if they are in the way. How is the sanitary sewer to be assessed on First Street from Elm to Spruce Streets? Because it is in such poor shape and it has exceeded its useful life, it is proposed to be Eng. Kaldunski: Helen Davidson: Adm. Thompson: Adm. Thompson: assessed 100%. Cm. Galler: It should be noted that it is Council policy that the City will only participate 50% by 1992. Adm. Thompson: I would recommend that the Council order the pro- jects and order the preparation of plans and specifications because the City is on a very tight schedule to start construction this season. Cm. Sprute: I think it is a good project. The input at the hearing was good, and the Council should take the citizens' concerns into consideration when considering the project design. Cm. Mayer: I concur with Councilmember Sprute. MOTION by Galler, second by Sprute to close the hearing. APIF, MOTION CARRIED. 13. MOTION by Mayer, second by Sprute to adopt RESOLUTION NO. R62-89 ordering Projects 89-1 and 89-3 (West 2nd Street Storm Sewer, and Walnut Street - 2nd to 4th Street Improvement and First Street - Elm to Spruce Street Improvement) and directing the City Engineer to prepare plans and specifications. APIF, MOTION CARRIED . 14. MOTION by Sprute, second by McKnight to adopt RESOLUTION NO. R63-89 ordering Project 89-14 (First Street - Elm to Main Street Improvement) and directing the City Engineer to prepare plans and specifications. APIF, MOTION CARRIED. 15. Mayor Kuchera reopened a public hearing to consider the application for a single family mortgage revenue bond program. Dakota County Executive Director Mark Ulfers explained the program by saying that it was similar to the two previous programs conducted in Farmington, whereby the Dakota County HRA would sell mortgage bonds and first time homebuyers would receive fixed 30 year mortgages at sub- stantially reduced rates. Mr. Ulfers cautioned, however, that because of State and Federal cutbacks, it was unlikely the City would receive an allocation of bonding authority. Administrator Thompson stated that Farmington and Dakota County had been very successful with this program to the point where the State and other counties were looking to curtail its use in Dakota County. Councilmember Page 7 - 8-7-89 - Council Minutes Galler asked if there were any "catches" to the program like the 1984 program. Mr. Ulfers stated that this program would not use TIF funding so there would be no repayment. Councilmember Galler asked if sellers of older homes would be required to bring their homes up to code. Mr. Ulfers stated that it wouldn't be required under this program, but may be if the mortgage would be FHA or VA insured. "Gil" Gilbertson asked if Miller/Schroeder was going to market the bonds. Mr. Ulfers stated it could be Miller/Schroeder, Piper Jaffrey or any other brokerage firm. John DeBates asked where the majority of homes from the previous program were built. Mr. Ulfers stated that most were built on the north end of town. Councilmember Galler stated that he hoped the project would be directed at persons with real need. Councilmember Sprute and Councilmember McKnight stated that they liked the program. Mayor Kuchera stated that he felt the program would give more people a chance to own a home. MOTION by Sprute, second by McKnight to close the hearing. APIF, MOTION CARRIED. 16. MOTION by Galler, second by Kuchera to adopt RESOLUTION NO. R64-89 adopting a single family mortgage revenue bond program and making an application to the Minnesota Housing and Finance Agency. APIF, MOTION CARRIED. 17. Mayor Kuchera reopened a public hearing to consider the grading permit for Reisinger Excavating at 20522 Akin Road. City Engineer Tom Kaldunski presented a brief overview of the permit, stating that it was to construct a 30' road through wetlands to provide access to an agricultural field. Pat Lynch of the Department of Natural Resources stated that he had compared past wetlands maps with present contours and that at some time in the past, protected wetlands had been filled. Mr. Kaldunski recommended the permit be granted with the following conditions: a. The developer provide additional ponding area to compensate for the area being filled. b. The developer obtain required Army Corps of Engineers permits. c. The developer revegetate immediately after construction. d. The developer obtain a driveway access permit from Dakota County. e. The developer provide a ponding easement consistent with pond FP-18 listed in the City's Comprehensive Storm Drainage pLan. f. The developer provide a $5,000 surety. The following testimony was given: Mayor Kuchera: Eng. Kaldunski: Mayor Kuchera: Eng. Kaldunski: Eng. Kaldunski: Cm. Galler: What is the road for? The developer says for agricultural purposes. Thirty feet seems wide for a farm road. You would have to ask Mr. Reisinger and he is not here. I own the property to the north and I'm afraid of the drainage being blocked. I've run through the developer's numbers and his volume of fill is substantially off. I'll double check them. What happened to the area that was filled? Ken Gerths: Pat Lynch: Page 8 - 8-7-89 - Council Minutes Eng. Kaldunski: We do not know when the area was filled. The present storage areas are based on existing contours. Cm. Galler: I would think a 15 to 17 foot wide road would be sufficient. I get extremely upset when people fill in wetlands illegally. Why didn't the developer show up? He was notified. There are many questions that cannot be answered without the developer. For example, why a 30' I think the hearing should be continued until the Mayor Kuchera: Cm. Sprute: Eng. Kaldunski: Cm. Sprute: road when 15' would suffice. developer is present. Cm. Mayer: I don't think we should condition the permit upon the developer obtaining Army Corps of I feel the developer should obtain them first. Engineer and County permits. Attorney Grannis: The Army Corps of Engineer permit could be expensive and time consuming and the developer would probably want some type of indication from the Council before applying for them. Eng. Kaldunski: It should be remembered that there is fill that already has been placed and that it must be addressed. Cm. Sprute: Since the developer has already violated the ordinance, he has the problem, not the City. Kuchera to continue the hearing until August 21, 1989 the developer to attend. APIF, MOTION CARRIED. MOTION by Sprute, second by at 7:30 P.M. and to request 18. MOTION by Sprute, second by Mayer to adopt RESOLUTION NO. R65-89 declaring costs to be assessed and ordering the clerk to prepare an assessment roll for Project 89-5 per the terms outlined in the Administrator's memo dated August 3, 1989. APIF, MOTION CARRIED. 19. The Council next considered a memo from the Police Chief dated July 25, 1989 relating to a construction time ordinance. MOTION by Kuchera, second by Galler to not adopt an ordinance regulating construction time. APIF, MOTION CARRIED. 20. The Council next considered a utility permit ordinance as proposed in the City Engineer's memo dated August 3, 1989. Several questions were raised regarding permit fees, conflicts with existing franchise agreements and burying of existing lines. The Council directed staff to review the concerns and report back to the Council. 21. The Council next reviewed a report from Finance Director Henneke dated August 3 1989 regarding storm water utility rates. Mr. Henneke's report gave a parcel by parcel estimate of charges per Council directive and recommended a public infor- mation meeting be held to explain the utility. Administrator Thompson noted that the report did not include credits which could be applied for. Concerns were raised regarding rates and different storm water funding. The major question was whether or not single family parcels should be charged a uniform rate of Page 9 - 8-7-89 - Council Minutes $5/quarter. Administrator Thompson stated that the Council had directed staff to pursue this method' of storm water funding after lengthy deliberation, and, without some type of funding in place, Projects 89-1, 89-3 and the Southeast Area Storm Water Project would not be possible. Administrator Thompson stated that the main concern of the Council should be adopting the ordinance so that the project would proceed. MOTION by Mayer, second by McKnight to set a public informational meeting on September 5, 1989 at 7:30 P.M. on the Storm Water Utility. APIF, MOTION CARRIED. 22. Administrator Thompson presented an update on the City's space needs study. Councilmember Sprute stated that he would like to see the City concentrate on acquiring property for a new building. No action was taken on this matter. 23. The Council next considered the appointments to the Co-Composting Task Force. Mayor Kuchera nominated Len Novitzki. Councilmember Sprute stated that before the Council appointed members, they should clarify the duties of the Task Force. Councilmember Galler stated that the enabling resolution gives general direction and the Task Force could clarify it. Councilmember Sprute stated that the Council should appoint a staff liaison and recommended it be Solid Waste Coordinator Robert Williamson. The following persons were nominated by the Council: Francis Blaha (Councilmember Sprute) Craig Schlawin (Councilmember Galler) Dr. James Harms (Councilmember Mayer) Henry Iwerks (Councilmember McKnight) MOTION by Sprute, second by Kuchera that the abovementioned nominees be appointed to the Co-Compost Task Force. APIF, MOTION CARRIED. 24. MOTION by Sprute, second by Galler that Robert Williamson be appointed as the staff liaison to the Task Force and that he fully serve their requests. VOTING FOR: MAYER, MC KNIGHT, SPRUTE, GALLER. AGAINST: KUCHERA. APIF, MOTION CARRIED. 25. MOTION by McKnight, second by Kuchera to adopt RESOLUTION NO. R66-89 approving the plans and specifications for the Flagstaff bridges south of TH 50 and to advertise for bids. APIF, MOTION CARRIED. 26. The Council next considered a memo from Finance Director Henneke recommending that the Council adopt a policy whereby staff can apply a credit for garbage service if it is discontinued for a minimum of 30 days. MOTION by Kuchera, second by Mayer to adopt the Solid Waste Billing Credit Policy per recommendation of the Finance Director's memo dated August 2, 1989. APIF, MOTION CARRIED. 27. The Council next considered a recommendation from PARAC to construct a kiosk on the Pine Street entrance of Rambling River Park, to be funded from donations and to rename the entrance Tourist Park Entrance. Mayor Kuchera stepped down as mayor because of a potential conflict'because he was the former owner of the site. Acting Mayor Sprute presided over the discussion. Parks and Recreation Director Bell explained the proposal recommended by PARAC. Mayor Kuchera gave a history of the Tourist Park which was operated by his father. Councilmember McKnight thought the kiosk was a good idea but should be located to discourage vandalism. Councilmember Sprute stated that the idea of the kiosk was good, but questioned naming the entrance Tourist Park since the park was always known as Kuchera Park. He stated the entrance should be named Kuchera Entrance which fell within Council policy since the name of the Park would remain Rambling River. MOTION by Sprute, second by Mayer to name the Pine Street entrance "Kuchera Entrance" and that the Page 10 - 8-7-89 - Council Minutes sign be made of letters equal in size to the Rambling River Park Sign and placed above the Rambling River Park sign. Councilmember Mayer felt the naming of the entrance was appropriate. Councilmember Galler stated that he was on the PARAC when this matter was originally discussed and had recommended it be named Kuchera Park. After the Council had failed to approve their recommendation, and adopted a policy which prohibited the naming of parks after people, PARAC recommended it changed to Tourist Park. Councilmember Galler added that after considering the matter at length, he preferred Tourist Park because it more accurately describes the history of the park. Parks and Recreation Director Bell stated that he was concerned about placing the Kuchera Entrance sign above the Rambling River Park sign because it was inconsistent with the other Rambling River Park signs. Councilmember Galler added that he could go along with Kuchera's Tourist Park Entrance but not the way the motion was worded. VOTING FOR: SPRUTE, MAYER, MC KNIGHT. VOTING AGAINST: GALLER. ABSTAIN: KUCHERA. MOTION CARRIED. ~ 28. MOTION by Sprute, second by McKnight to construct a kiosk upon receiving adequate funds and that the design fit into the overall park design criteria. VOTING FOR: GALLER, MAYER, MC KNIGHT, SPRUTE. ABSTAIN: KUCHERA. MOTION CARRIED. 29. Mayor Kuchera returned as presiding officer. 30. The Council next considered various building code violations at City Hall as noted in the Building Official's memo dated July 12, 1989. Several questions were raised regarding the seriousness of the violations. MOTION by Mayer, second by Sprute to direct staff to prepare a budget adjustment to address items 1 and 2 in the memo relating to the heating system. APIF, MOTION CARRIED. 31. MOTION by Galler, second by Kuchera to approve the capital outlay request to purchase 2 planters for the downtown area contingent upon the City receiving a donation for the remaining two planters and to approve a budget adjustment per recommendation of the Finance Director. APIF, MOTION CARRIED. 32. The Council next considered a memo from Superintendent of General Services Kaldunski regarding the purchase of a sewer jetter or contracting for sewer inspection/cleaning service. Concern was expressed regarding spending funds on unbudgeted items and available manpower to operate the equipment. MOTION by Kuchera, second by Sprute to table action until the 1990 budget was discussed. APIF, MOTION CARRIED . 33. MOTION by Sprute, second by Kuchera to adopt RESOLUTION NO. R67-89 recertifying the 1989 Payable 1990 as follows: General Debt Special $846,835 324,771 5,099 APIF, MOTION CARRIED. 34. MOTION by Kuchera, second by Galler to appoint Sue Miller as a permanent full time employee and to increase her salary to $7.00 per hour effective August 7, 1989. APIF, MOTION CARRIED. 35. MOTION by Mayer, second by Galler to appoint Robert Williamson as a permanent full time employee. APIF, MOTION CARRIED. Page 11 - 8-7-89 - Council Minutes 36. MOTION by Sprute, second by Mayer to approve the consent agenda as follows: a. Approve No Parking signs request - Fire Department. b. Approve pager replacement request - Fire Department. c. Approve School and Conference Request - Administration. d. Approve Restoration of 1977 Tanker - Fire Department. e. Approve Painting of Fire Hall exterior. f. Approve School and Conference Request - Arena. g. Approve Joint Powers Agreement - Police Department. h. Approve Change Order #1 - Project 89-5 - TH 50 Industrial Park Sanitary Sewer i. Receive Fire Pension Benefit report. j. Approve equipment purchase - General Services Department - hand held radio. APIF, MOTION CARRIED. 37. MOTION by Sprute, second by Mayer to authorize payment of the bills as submitted with the exception of the bill for $1,572.55 to GAB. APIF, MOTION CARRIED. 38. The following items were discussed during roundtable: a. Police Department to follow up on Erickson's smokestack complaint. b. No Parking sign policy during seal coating. c. Senior Citizens Center bus policy. d. Transfer of conditional use permit at 20522 Akin Road. e. Persons who make complaints to Council should be required to give specifics of which staff member they originally presented complaints. 39. The Council next went into executive session to discuss the City's response to Local 320's 1990-1991 Labor Agreement requests. 40. MOTION by Mayer, second by Sprute to adjourn at 1:30 A.M. APIF, MOTION CARRIED . Respectfully submitted, z;:' 7?~' Y'/~ I LarK Thomp son City Administrator Approved ~ - ;}, / -g9