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HomeMy WebLinkAbout09.18.89 Council Minutes MINUTES COUNCIL MEETING REGULAR SEPTEMBER 18, 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 Sprute, second by Mayer to approve the agenda with the following changes: a. Add discussion of modifying the Flagstaff Bridge project. b. Remove item 7b - Final Plat Approval - Lots 1-10, Block 18. c. Remove item 7c - Developers Agreement - Lots 1-10, Block 18. APIF, MOTION CARRIED. 3. MOTION by Sprute, second by McKnight to approve the minutes of the August 30, 1989 special meeting. APIF, MOTION CARRIED. 4. MOTION by Mayer, second by Sprute to approve the minutes of the September 5, 1989 regular meeting with the change of the figure $5,750 to $3,750 in paragraph 5. APIF, MOTION CARRIED. 5. Jerry Zimmer requested that the Council raise the roadway between the Flagstaff bridges south of T.H. 50 during the bridge replacement project to prevent future flooding. Public Works Director Kaldunski stated that it was a reasonable request. Mr. Kaldunski stated that it would cost approxiamtely $5,000 from the City's road and bridge fund, but the City's share of the project would still be under budget. Councilmember Sprute noted that not only would the bridge project improve safety and alleviate flooding, but the roadway would also be improved. MOTION by Kuchera, second by McKnight to raise the roadway between the two Flagstaff bridges by one foot with an approximate cost of $5,000. APIF, MOTION CARRIED. 6. Mr. Zimmer stated that he would sign the easement required by the City. 7. Mayor Kuchera. opened a public hearing at 7:15 P.M. to consider the proposed assessment roll for Project 89-5 (T.H. 50 Sanitary Sewer). The hearing was con- tinued until later in the evening. 8. Mayor Kuchera opened a public hearing to consider the vacation of the alley in Block 18. The hearing was continued until later in the evening. 9. The Council next considered parking on Elm Street. John Enggren (Tom Thumb) stated that he felt he was being discriminated against because only his store and Hardee's had parking restrictions placed on them. Mr. Enggren asked that the Council remove the parking restrictions. Administrator Thompson indicated that the owners of Hardees had like the idea of a truck parking lot across the street, but the HRA was considering leasing the property to Farmington Ford. A lengthy discussion followed regarding citizen complaints of truck parking, owners concerns, and safety factors. It was the consensus of the Council that the Hardees area and 5th Street restrictions should not be changed. Councilmember Mayer felt that if Council Minutes - 9/18/89 - Page 2 parking restrictions were removed on Elm Street by Tom Thumb, citizens would begin complaining. Councilmembers Galler and Mayer noted that Tom Thumb was located in a residential area, and concessions should be expected of the owner. Councilmember Sprute stated that TH 50 (Elm Street) was a truck route and that truck traffic and parking should be expected. The main consideration should not be a citizen's complaint or owners' concerns, but safety factors. MOTION by Kuchera to remove the parking restrictions on Elm Street in the Hardee's vicinity. Motion died for lack of a second. MOTION by Galler, second by Mayer to leave the parking restrictions on Elm Street unchanged. VOTING FOR: Sprute, Galler, Mayer. AGAINST: McKnight, Kuchera. MOTION CARRIED. 10. Mayor Kuchera opened the public hearing to consider the assessment roll for Project 89-5 (TH 50 Sanitary Sewer). Engineer Kaldunski outlined the progress of the project, noting that it would be completed in approximately 7 working days. Administrator Thompson stated that the project costs were as follows: Construction Administrative, Legal, Engineering Total $ 417,729 (75%) 105,666 (25%) $ 523,395 Of those costs, it was proposed to either assess or place in reserve capacity $515,059. Mr. Thompson noted that the additional costs included a 5% contingency which should be retained because the project had not been completed. Mr. Thompson stated that the assessment roll was based on standard City policy based on lateral costs against abutting property, trunk costs on an area basis, and service costs on a per unit basis. Mr. Thompson noted the Council had various options regarding the removal of "reserve capacity" trunk costs to be charges at a later date to benefited areas outside of the project area. Attorney Grannis noted that if the Council wished to reduce the assessments once actual project costs were deter- mined, the assessment procedure would have to be completed. Administrator Thompson stated that an error had been discovered in the original assessment roll which would increase FEI's assessments and reduce Wallace Berglund's assess- ment. Mr. Thompson stated that FEI, Inc. had purchased 2 acres from Mr. Berglund which was not included in the calculations. Mr. Thompson stated that he had contacted FEI owner Mark Peltier regarding the error and had delivered a letter to him explaining the error. The following testimony was given: Mark Peltier: I understand the error. I feel the $10,000+ assessment is appropriate, but I am concerned that the assessment may be increased. Adm. Thompson: There is no guarantee the Council will not increase the assessment over that amount, but the $10,000 figure is the upper range of staff recommendation. does not mean Northern right to appeal. If the Council increases it over that amount, you will be notified, and you can file an objection. If the assessment came back with a substantially higher figure, you'd have a fight. I represent Northern Natural Gas. (Mr. Fuchs submitted written objections to the proposed assessment.) This Natural Gas will appeal, but it wishes to preserve its Attorney Grannis: Mark Peltier: Gary Fuchs (atty): Council Minutes - 9/18/89 - Page 3 Adm. Thompson: Gary Fuchs: On what basis? Adm. Thompson: It already has sanitary sewer service. The property (80 acres) is served by 2 small temporary lift stations which could not possible serve the entire area. Northern Natural Gas signed an agreement which stated they would accept assessments when the permanent lines were installed. Gary Fuchs: The agreement was signed in 1980 and present staff has not had time to analyze the intent of the agreement. What options does the City have? Mayor Kuchera: Attorney Grannis: You can continue the hearing, close the hearing and adopt the assessment roll or close the hearing and direct staff to discuss the matter with Northern Natural Gas. Adm. Thompson: I would recommend the Council close the hearing this evening and direct staff to discuss the matter with Northern Natural Gas. Councilmemher Galler: What if it is appealed and Northern Natural Gas prevails? Attorney Grannis: The judge could reduce the assessment or throw it out all together. Either way, the City would be out the amount of the judgement. MOTION by Mayer, second by Sprute to table action on the assessment roll until the next regular meeting and direct staff to discuss the matter with Northern Natural Gas. APIF, MOTION CARRIED. 11. Mayor Kuchera reopened a public hearing to consider the vacation of the alley in Block 18. Administrator Thompson stated that the developer of Block 18 had not supplied assurances from the utilities indemnifying the City from damages, and recommended the hearing be continued. MOTION by Sprute, second by Kuchera to continue the hearing until October 2, 1989 at 7:15 P.M. APIF, MOTION CARRIED. 12. MOTION by Mayer, second by Sprute to adopt RESOLUTION NO. R74-89 approving a Dakota County Landfill Abatement Grant application. APIF, MOTION CARRIED. 13. MOTION by McKnight, second by Galler to adopt RESOLUTION NO. R75-89 accepting the following donations: VFW Post 117662 American Legion Eagles Club Eagles Club $5,000 5,000 8,677 6,323 Fire Tanker Truck Fire Tanker Truck Fire Tanker Truck Fire Tanker Truck & Equipment APIF, MOTION CARRIED. 14. The Council directed staff to prepare Certificates of Appreciation to the VFW, Legion and Eagles Club to be presented at the next regular meeting. 15. The Council next considered a memo from the Administrator dated September 15, 1989 relating to the Public Works Facility referendum. It was the consensus of the Council that the "more specific" question be placed on the ballot. It was also the consensus that a referendum committee be established to assist the City. MOTION by Galler, second by McKnight to adopt RESOLUTION NO. R76-89 calling for a referendum authorizing the City to borrow $1.1 million to acquire and construct Council Minutes - 9-18-89 - Page 4 a Public Works Facility to be held on November 7, 1989 between 7:00 A.M. and 8:00 P.M., that the "specific question" be placed on the ballot, and that Precinct 3 be held at Akin Road Elementary if legal requirements can be met. APIF, MOTION CARRIED. 16. MOTION by Galler, second by Mayer to adopt the timetable proposed by staff and to establish a Citizen's Referendum Committee. APIF, MOTION CARRIED. 17. The Council next considered a request by Dr. Jon Falkowski to improve Hickory Street and the alley by his office. Public Works Director Kaldunski noted that Dr. Falkowski's clinic would be assessed and the property west of the alley may be assessed. Administrator Thompson noted that the request should not be considered as a legal petition and if the Council proceeds with the project, it should follow the procedure based on not receiving a petition. The Council directed staff to notify Dr. Falkowski and the owners of the property west of the alley. MOTION by Sprute, second by Galler to adopt RESOLUTION NO. R77-89 ordering a feasibility report for the improvement of Hickory Street west of 8th Street and the alley north of Hickory Street. APIF, MOTION CARRIED. 18. MOTION by Galler, second by Mayer to deny the insurance claim by Tamara and Lyle Erickson per recommendation of the City's insurance carrier. APIF, MOTION CARRIED. 19. A lengthy discussion followed regarding the City's response to the Dakota County 5 Year CIP. It was the consensus of the Council as follows: a. County Road 74 should be improved but costs should be shared with Castle Rock Township. b. 195th Street should be constructed between CSAH 31 and TH 3 contingent upon the City/County designating it as a State Aid road, and the City not having to pay for the Empire Township portion. c. 195th Street should be paved to the western edge of Fair Hills. d. The construction of Essex Avenue should be pursued, but not as a 4 lane road at this time. e. The shoulder/bikeway should be constructed on CSAH 31 between 183rd and 195th Streets. 20. The Council directed staff to inform the developers of Terra Addition to install street lights per the terms of the developer's agreement. 21. The Council tabled action on Police Chief Siebenaler's probation until October 2, 1989 as his probation does not expire until October 3, 1989. 22. It was the consensus of the Council that the new commercial solid waste rates be delayed until January 1, 1990 per recommendation in the staff memo of September 14, 1989. 23. MOTION by Galler, second by Sprute to approve the Consent Agenda as follows: a. Approve School/Conference Request - Finance b. Approve 1st and Final Payment - Solid Waste Vehicle - Boyum Equipment for $82,999. c. Approve request for Payment No. 1 - Project 89-5 - J.P. Norex - $274,455.62. Council Minutes - 9/18/89 - Page 5 d. Approve payment of the bills as submitted. APIF, MOTION CARRIED. 24. MOTION by Mayer, second by Kuchera to authorize the giveaway of trees from the City nursery per past City policy. APIF, MOTION CARRIED. 25. MOTION by Kuchera, second by McKnight to adjourn at 10:15 P.M. CARRIED. APIF, MOTION Respectfully submitted, ;I~ 7-lf" ~ Larry Thompson City Administrator Approved lO~ ~ -~q