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HomeMy WebLinkAbout04.20.87 Council Minutes MINUTES COUNCIL MEETING REGULAR APRIL 20, 1987 1. Acting Mayor Kelly called the meeting to order at 7:00 P.M. Members Present: Kelly, Mayer, Sprute, Uhl. Members Absent: Akin. Also Present: Administrator Thompson, Attorney Grannis. 2. Motion by Sprute, second by Kelly to approve the agenda with the following changes: a. Discuss the parkland excavation at Dakota County Estates Second. b. Discuss increased landfill fees. c. Remove item 11d - Capital Outlay Request for Senior Center - from the consent agenda for discussion. d. Remove item 11e - Request to Purchase Pagers - from the consent agenda for discussion. e. Discuss proposal by Metro Cable to form a joint City Cable TV organization. f. Issue a proclamation declaring Mayas Arbor Month. g. Issue a proclamation declaring the week of April 26th - May 2nd as Volunteer Week. APIF, motion carried. 3. It was the consensus of the Council to approve the minutes of the April 6, 1987 regular meeting. 4. Robert Stegmaier informed the Council that he was having problems with 4 wheel drive vehicles running over his farmland. Police Chief Whittingham stated that they had apprehended 4 individuals and confiscated 3 vehicles. Mr. Whittingham also stated that the Police Department was considering the conversion of a confiscated vehicle for police use to control the problem. Councilmember Sprute suggested that the newspaper inform the public that the use of ATV's on private land was illegal. 5. Ed Nelson asked if the City was liable for any persons hospitalized during the recent military exercise, what the exercise cost the City in salaries, and if it was proper to prevent people from traveling in various parts of the City. Police Chief Whittingham stated that the City may be responsible for the hospi- talization of 2 persons, but that they were only admitted for observation. Mr. Whittingham stated that the exercise cost the City approximately 40 -45 hours of salary. Mr. Whittingham added that people were not detained from traveling in any part of the City, and that the rumor probably came from an article in the St. Paul Pioneer Press and Dispatch. 6. Motion by Mayer, second by Kelly to approve the consent agenda as follows: a. Approve a request to attend a PERA Seminar - Finance. b. Approve a capital outlay request and budget adjustment for the purchase of a theodolite - Engineering. c. Approve a capital outlay request to install 2 merry-go-rounds and horse shoe courts donated by the school. d. Approve the establishment of a maintenance engineer position and budget adjustment from contingency - Fire Department. e. Approve the purchase of a performance bond for the fire/rescue truck. f. Approve the purchase of a computer graphics card - Finance. g. Adjust the following part time salaries - Sanitation Worker/$8 per hour; Maintenance Worker/$5 per hour. h. Approve payment of the bills as submitted. APIF, motion carried. 7. The Council next considered a request by the Police Chief to initiate the process to select an individual to replace Dale Burns who had submitted his resignation. Councilmember Sprute stated that he was opposed to any process that did not seek applications from outside of the City work force. Mr. Whittingham stated that the 2 previous appointments had been part timers and that it had worked out well. Mr. Whittingham added that he was just seeking direction from the Council at this time. Motion by Kelly, second by Uhl to authorize the police chief to take whatever steps he deems necessary to recommend a candidate to the Council. Voting for: Kelly, Uhl. Voting against: Mayer, Sprute. Motion failed. Motion by Mayer, second by Sprute to direct the Chief to prepare a selection process and report back at the next regular Council meeting. APIF, motion carried. 8. Motion by Kelly, second by Mayer to commend Officer Burns for his performance as a police officer. APIF, motion carried. 9. Acting Mayor Kelly opened public hearings at 7:15 to consider the rezoning of Lots 4 - 15, Block 3, Fair Hills Addition from R-3 to R-1 and to consider the preliminary plat of Fair Hills Fourth. Administrator Thompson gave a brief summary of the proposal referring to a memo dated April 16, 1987 and the Planning Commission minutes of March 17, 1987. Wilbur Goetze presented a revised plat incorporating staff recommendations. 10. Acting Mayor Kelly opened a public hearing at 7:30 P.M. to consider the comprehensive amendment to the Subdivision Ordinance. The hearing was continued until later in the meeting. 11. Administrator Thompson presented two draft developers agreements relating to Fair Hills Fourth and the remaining unimproved portion of Fair Hills. Councilmember Sprute asked if snow removal would be a problem in the cuI de sac. Engineer Kaldunski stated that snow removal always presented a problem in cuI de sacs but the design of this cuI de sac minimized the problem. Councilmember Mayer asked if the back lot lines of Lots 15, 16 and 17 were too narrow. Mr. Goetze replied that they were extremely deep lots, and that the width at the building lines were approximately 100'. Acting Mayor Kelly closed the hearing. 12. Motion by Kelly, second by Mayer to adopt Ordinance 087-188 rezoning Lots 4 - 15, Block 3, Fair Hills Addition from R-3 Multi-family Residential to R-1 Single Family Residential. APIF, motion carried. 13. Motion by Mayer, second by Sprute to adopt Resolution No. R21-87 approving the preliminary plat and authorizing the execution of the final plat of Fair Hills Fourth Addition contingent upon the City receiving a notarized statement from the preparer stating that the final plat is identical to the preliminary plat, execution of a developers agreement and payment of various fees and charges. APIF, motion carried. 14. Acting Mayor Kelly reopened the public hearing to consider the comprehensive revision of Title 11 of the City Code (Subdivision Ordinance). Administrator Thompson indicated that he had incorporated the various housekeeping changes outlined during the previous Council meeting. Mr. Thompson submitted a proposed change relating to premature subdivisions outlined in a memo dated April 20, 1987. Mr. Thompson added a housekeeping change which would move the storm water charges under 11-4-6, change "assessment" to "connection charge" and restate that the monies will be used "in accordance with the storm water plan". Councilmember Mayer and Acting Mayor Kelly stated that they did not have a problem with the 350' notification requirement of 100 day deadline for submitting a final plat, but did not agree with the Planning Commission holding the public hearing. Councilmember Sprute stated that the deadline should remain at 60 days. Wilbur Goetze stated that because of the backlog of plats at the County, 60 days was unreasonable. It was the consensus that the notification requirement would remain at 350', the final plat filing deadline would be 75 days and the Council would conduct the public hearings. Acting Mayor Kelly closed the public hearing. 15. Motion by Kelly, second by Uhl to adopt Ordinance No. 087-189 deleting present language under Title 11 of the City Code and adding the new language as submitted with the abovementioned changes. APIF, motion carried. 16. Senator Wegscheid addressed the Council on the following issues before the Legislature. a. Local Government Aids b. Funding of State Imposed Local Mandates. c. Wine in groceries. d. Reduction of Road and Bridge funds, specifically how they relate to the bridges on Flagstaff Avenue. e. Farmington's two MWCC bills relating to reimbursement of excess charges and sewer rehab. 17. Engineer Kaldunski submitted the 1987 Street Improvement Project Feasibility report. Mr. Kaldunski gave an overview of the report and added that it appeared the 1st Street sewer line would have to be replaced. Administrator Thompson recommended that since the sewer rehab costs were not included in the report, that a feasibility report be ordered. Councilmember Sprute stated that he was opposed to 1st Street because 2 properties which were assessed last year under the Oak Street project would be assessed again and that would be a hardship. Administrator Thompson stated that a great deal of the general fund revenues was predicated on the engineering of $300,000 of improvement projects. The Council reviewed additional streets which might be included in the 1987 Street Improvement Project. Action on the feasibility report was tabled until the next meeting. Motion by Kelly, second by Sprute to adopt Resolution No. R22-87 ordering a feasibility report for street, sanitary sewer, storm sewer and water improvements to Walnut Street between 2nd and 3rd Streets, and 4th Street between Main and Oak Streets. APIF, motion carried. 18. Motion by Sprute, second by Mayer to adopt Resolution No. R23-87 ordering a feasibility report for the construction of a sanitary sewer later from the existing trunk in NW~ of NE~ of Section 24 to the Elementary School site. APIF, motion carried. 19. Motion by Kelly, second by Sprute to adopt Resolution No. R24-87 ordering the plans and specifications for the construction of Storm Sewer Trunk Lines at the Elementary School Site through Fair Hills Addition and 195th Street. APIF, motion carried. 20. Administrator Thompson clarified that the Sanitary Sewer lateral would be engineered in house and Bonestroo, Rosene, Anderlik would engineer the Storm Sewer. 21. Administrator Thompson presented a developers agreement for the Elementary School Site. Motion by Kelly, second by Mayer to adopt Resolution No. R25-87 approving the Developers Agreement for the Akin Road Elementary School Site as presented with the following clarification: a. Surety for sanitary sewer, water, storm sewer, pond grading and monuments. b. Storm Sewer Trunk and reduced assessment fees to be paid before issuing the building permit. c. Surety to be determined by City Engineer. The resolution also extends the deadline for submitting the final plat 60 days. APIF, motion carried. 22. Motion by Uhl, second by Kelly to advertise for bids on a towing contract per recommendation of the Police Chief. APIF, motion carried. 23. It was the consensus of the Council to allow staff to proceed with a stress management program. 24. Councilmember Sprute requested an explanation of the Capital Outlay request for the Senior Center. Park and Recreation Director Bell stated that the request was for windows and labor to install the windows and a door. Mr. Bell added that due to structural considerations, the cove door was being eliminated. Motion by Kelly, second by Uhl to approve the capital outlay requests as sub- mitted. APIF, motion carried. 25. Councilmember Sprute requested a clarification of Police Chief Whittingham's memo relating to the purchase of pagers. Chief Whittingham stated that the memo should have stated the Department would purchase "up to" 15 pagers. Motion by Kelly, second by Sprute to approve the purchase of up to 15 pagers. APIF, motion carried. 26. Administrator Thompson informed the Council that staff had been made aware last Fall that the developer of Dakota County Estates Second had used material from the parkland located within the plat for street base material. Mr. Thompson stated that staff had informed the developer to replace the material so the park could be developed. Mr. Thompson stated that the Park Department was now in a position to begin developing the Park and requested action to have the hole filled. Mr. Thompson added that the developer had begun filling the hole and that it was approximately 25% filled. Councilmember Mayer asked where the developer had thought he had the right to remove the material from City parkland. Jack Benedict stated that he felt that the removal of the material would not pose a problem during the development of the plat, especially when the City did not intend to develop the park until this Spring. Mr. Benedict added that he had hired a contractor to fill the hole last November, but an early snow storm had prevented it. Councilmember Sprute stated that it was improper to remove the material and asked what remedy the City had. Attorney Grannis stated that the developer may be in violation of the developer's agreement and suggested that the Council set a time limit to have the hole filled. Councilmember Sprute asked why the Council was not informed of this matter at an earlier date. Park and Recreation Director Bell stated that staff had directed the developer to fill the hole, but since the park was not scheduled for improvement until Spring of 1987, it was not felt that Council action was necessary. Motion by Sprute, second by Mayer that the developer fill the hole up to grade with 8" of topsoil equalling or exceeding top soil in the area and to remove equipment and construction materials from the parkland by May 1, 1987. Questions were raised regarding the compaction of the soils and timing. Mr. Benedict stated that a May 1, 1987 deadline was unreasonable without an allowance for bad weather and that if the materials settled he would add material to resod the site. It was the consensus that the catepillar running back and forth over the material should provide adequate compaction. Voting on the motion - For: Mayer, Sprute. Against: Kelly, Uhl. Motion failed. 27. Motion by Uhl, second by Kelly to approve the aforementioned motion but to add an extension of up to 10 working days for weather caused delays. APIF, motion carried. 28. Administrator Thompson informed the Council that Dakhue Landfill had increased its fees again from $6.00/cubic yard to $7.00/cubic yard and that they would not accept garbage on Mondays and Tuesdays. Mr. Thompson stated that the only alternative was Pine Bend, which was $7.70/cubic yard. Mr. Thompson stated that based on the impact on the budget, the Council should meet in a work session to discuss the matter. It was the consensus of the Council to wait until Mayor Akin returns before holding a work session. 29. It was the consensus of the Council that it was not interested in joining with Apple Valley, Lakeville and Rosemount in forming a non profit organization to address Cable TV matters. 30. Motion by Kelly, second by Sprute to issue a proclamation declaring May as Arbor Month. APIF, motion carried. 31. Motion by Kelly, second by Sprute to issue a proclamation declaring the week of April 26th through May 2nd as Volunteer Week. APIF, motion carried. 32. Motion by Sprute, second by Mayer to adjourn at 11:00 P.M. APIF, motion carried. Respectfully submitted, LT/mh Approved 5/-1/r1 ,