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HomeMy WebLinkAbout04.02.90 Council Minutes MINUTES COUNCIL MEETING REGULAR. APRIL 2, 1990 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. Combine items 6a and 6b. b. Discuss street closing for Mountain Dew Days. c. Consider affirmation of developer commitment - Duo Plastics. d. Consider payment to Ameridata. APIF, MOTION CARRIED. 3. MOTION by Sprute, second by Galler to approve the minutes of the March 14, 1990 special meeting. APIF, MOTION CARRIED. 4. MOTION by Mayer, second by Sprute to approve the minutes of the March 19, 1990 regular meeting with the change in Paragraph 13 from "the HRA had agreed" to "the HRA is exploring the possibility of..." APIF, MOTION CARRIED. 5. Science teacher Tom Murphy and a number of elementary school students presented a proposed proclamation declaring April 22, 1990 as Earth Day. MOTION by McKnight, second by Mayer to issue a proclamation declaring April 22, 1990 as Earth Day. APIF, MOTION CARRIED. 6. MOTION by Mayer, second by Galler to issue a proclamation declaring the week of April 22nd thru April 28th, 1990 as Earth Week. APIF, MOTION CARRIED. 7. MOTION by Kuchera, second by Galler to adopt RESOLUTION NO. R16-90 ordering a feasibility report for improvements to Dakota County Estates 6th Addition. APIF, MOTION CARRIED. 8. Police Chief Siebenaler told the Council that Shelly Cummins had informed him she did not want a cat leash or licensing law, but only wanted the Police to issue tickets to owners whose cats were creating a nuisance. Attorney Grannis stated the present ordinance covered that. No further action was taken. 9. MOTION by McKnight, second by Kuchera to approve application for an MHFA First Time Homebuyers program as outlined in the Administrator's March 29, 1990 memo. APIF, MOTION CARRIED. 10. City Engineer Kaldunski presented the following five low bids on Project 89-1- 2nd Street Storm Sewer: Minutes - 4/2/90 - Page 2 Firm F.F. Jedlicki, Inc. Richard Knutson, Inc. Rice Lake Contracting Brown and Cris, Inc. Austin P. Keller Total Base Bid $ 464,855.00 479,855.00 484,124.55 489,691.50 491,899.50 City Engineer Kaldunski stated he had done a background check on F.F. Jedlicki, Inc. and it came back favorably. MOTION by Galler, second by Sprute to adopt RESOLUTION NO. R17~90 awarding the bid for Project 89-1 to F.F. Jedlicki, Inc. for $464,855 contingent upon the City receiving a waiver of entry or a purchase agreement for the CMC property. APIF, MOTION CARRIED. 11. The Council next considered the acquisition of the CMC property south of Spruce Street as outlined in the Administrator's March 30, 1990 memo. Councilmember Mayer stated he was concerned about the pollution on the south side of the property. Administrator Thompson stated that borings had indicated possible petroleum contami- nation, but PCA staff had informed him potential City liability would be minimal because the source of the pollution was obviously off site. Mr. Thompson added that if the City did not need to acquire the property, he would recommend against acqui- sition, but since the property was needed and CMC would rather sell than grant an easement, the City was forced into taking action. MOTION by Galler, second by Kuchera to give conceptual approval to acquire the property as outlined in the Administrator's memo at a cost not to exceed $11,000. VOTING FOR: Kuchera, Galler, Mayer, McKnight. AGAINST: Sprute. MOTION CARRIED. 12. Administrator Thompson informed the Council that NSP had shut off power to the fertilizer plan and the owner had been told to install plywood over the ladders. Councilmember Mayer stated the stairs on the scale house were in poor condition. Councilmember Sprute stated the stairs on the fertilizer plant should also be removed. MOTION by Sprute, second by Mayer to order the removal of the two exterior ladders at the fertilizer plant to the height of 8 feet and the removal of the stairs at the scale house. VOTING FOR: Mayer, Sprute, McKnight, Kuchera. ABSTAIN: Galler. MOTION CARRIED. 13. Police Chief Siebenaler informed the Council that he had received nuisance complaints regarding cars parking on sidewalks and on the boulevards in the vicinity of Elm Street between 2nd and 4th Street. Administrator Thompson stated that the code prohibited parking on sidewalks and between sidewalks and the street. Mayor Kuchera stated that the problems have become worse lately and while the police have ordered the cars moved back from the sidewalk, they tend to "creep" back. Jerry Ristow stated that the major problem he has at 4th and Elm Streets is customers parking on the sidewalks. Jeff Thelen stated he has limited parking at his store and did not feel he was causing a problem where he was parking. Police Chief Siebenaler stated that the major problem was site lines at intersections, but if the City was going to enforce the code, they had to do it consistently. Police Chief Siebenaler added that the major inconvenience would be at Dakota Motors where moving the cars back would reduce his space for inventory by one half. It was the consensus of the Council that in order to conform with State right of way regulations, parking should be prohibited within 40 feet of the Elm Street centerline. The Council added the owners should be given warnings before tickets are issued. 14. LaDonna Riste informed the Council that the Mt. Dew Days committee was interested in having a carnival, and requested the Council close 2nd Street between Elm and the alley between Spruce and Oak Streets, and Oak Street from 2nd to 3rd Street. Ms. Riste stated she had contacted various business owners and the only Minutes - 4/2/90 - Page 3 concern was from the owner of the bakery, who requested that Oak Street remain partially open. Concern was expressed regarding the closing of any street. No action was taken. 15. MOTION by McKnight, second by Galler to approve the change in alignment of the Farmington Preserve Trail as outlined in the Park and Recreation Director's memo dated March 28, 1990. APIF, MOTION CARRIED. 16. Park and Recreation Director Jim Bell presented the proposed grading plan for Pine Knoll Park. Councilmember Sprute asked what types of equipment were to be installed and if there was enough room. Mr. Bell stated that he did not know what specific types of equipment would be installed but the design would be similar to most neighborhood parks. Mr. Bell added there would be enough room. MOTION by Sprute, second by Mayer to approve the Pine Knoll Park grading plan as submitted. APIF, MOTION CARRIED. 17. Parks and Recreation Director Bell submitted an outline for a proposed ordinance and fee schedule for parkland and trails. Mr. Bell stated the new ordinance would reflect the true value of land and anticipated park funding needs. A lengthy discussion followed regarding the impact on current fees. MOTION by Galler, second by McKnight to approve the concept with the actual ordinance language and fees to be set at a future meeting. APIF, MOTION CARRIED. 18. MOTION by Kuchera, second by Mayer to approve a capital outlay request of up to $1,800 for the arena concession stand improvements as outlined in the Park and Recreation Director's memo of March 27, 1990. APIF, MOTION CARRIED. 19. Finance Director Henneke presented a request by Phil Peterson to reduce his sewer bill by $1,259.80. Mr. Henneke stated th~t Mr. Peterson had been overcharged but that the requested refund exceeded one year which did not conform with staff policy. Mr. Henneke recommended a refund for the past year. Mr. Henneke added that if the Council agreed to a longer period, it could present some budget problems. It was the consensus of the Council that if the request was granted, it would not be setting a precedent, but each case would be taken on a case by case base. Council- member Galler stated that he felt one year was enough. MOTION by McKnight, second by Sprute to grant Phil Peterson his full refund request of $1,259.80. VOTING FOR: Sprute, Mayer, McKnight, Kuchera. AGAINST: Galler. MOTION CARRIED. 20, MOTION by Kuchera, second by Galler to adopt RESOLUTION NO. R18-90 approving the Dakota County Waste Haulers Agreement and Memorandum of Understanding and Intent contingent upon the County agreeing to the Memorandum of Understanding and Intent as outlined in the Administrator's memo dated March 28, 1990. APIF, MOTION CARRIED. 21. It was the consensus of the Council to set a special meeting on April 18, 1990 at 7:00 P.M. to discuss the City's compensation plan. APIF, motion carried. 22. MOTION by McKnight, second by Mayer to approve the consent agenda as follows: a. ~rove School/Conference Request - Level I HAZMAT Instructor Training - Fire Department b. Approve School/Conference Request - Fire Fighter I. c. Approve School/Conference Request - State Fire School. d. Adopt RESOLUTION NO. R19-90 relating to the "4M" Fund. Minutes - 4/2/90 - Page 4 e. Approved fire fighter's clothing allowance policy - $50/manfyear. f. Approve Capital Outlay Request - Public Works - Paint Striper. g. Appoint Audrey Rother to Senior Center Advisory Council. h. Approve School/Conference Request - Public Works i. Approve Capital Outlay Request - Landscaping at City Hall - $3,000. j. Approve payment of the bills as submitted. APIF, MOTION CARRIED. 23. MOTION by Mayer, second by McKnight to approve the Affirmation of Developer Commitment relating to the sale of Duo Plastics' stock. APFI, MOTION CARRIED. 24. MOTION by Galler, second by Kuchera to approve the payment to Ameridata for $16,600.00 for Engineering computer hardware. APIF, MOTION CARRIED. 25. The following items were discussed during roundtable: a. Awnings were being installed downtown as part of the Celebrate Minnesota 1990 project. b. Commercial recycling was starting. c. Garbage can has not been removed from the ditch on CSAH #31. 26. MOTION by Galler, second by Kuchera to adjourn at 11:00 P.M. APIF, MOTION CARRIED. Respectfully submitted, :%{r ffr-- Larry Thompson City Administrator Aprpoved