HomeMy WebLinkAbout06.01.87 Council Minutes
MINUTES
COUNCIL MEETING
REGULAR
JUNE 1, 1987
1. Mayor Akin called the meeting to order at 7:15 P.M.
Members Present: Akin, Kelly, Mayer, Sprute.
Members Absent: Uhl.
Also Present: Administrator Thompson, Attorney Grannis.
2. Motion by Kelly, second by Akin to approve the agenda with the following
changes:
a. Discuss road easement for CSAH #31 affecting Akin Park Estates plat.
b. CSAH #31 Sanitary sewer project - Addendum # 1
c. Set special meeting to discuss solid waste.
APIF, motion carried.
3. Motion by Akin, second by Sprute to approve the minutes with the clarification
that Attorney Grannis stated that the County required title insurance or an
attorney's opinion before a plat was filed under paragraph 7. APIF, motion
carried.
4. EDC Director Bob Williamson invited the Council to a joint EDC/HRA
meeting on June 10th, 1987 at 7:00 P.M. at Dakota Electric to receive public
input for the proposed design study for downtown.
5. The Council next considered the developer's agreement for Akin Park Estates.
The Council directed the Administrator and Attorney to draft language
clarifying the City/Developer responsibilities relating to the sanitary sewer
agreement. It was the consensus that the developer could begin grading once
the agreement was signed.
6. Mayor Akin opened a public hearing at 7:15 P.M. to consider the vacation
of drainage and utility easements in lots 4-15, Blk 3, Fair Hills Addition.
Administrator Thompson explained that the vacation was a housekeeping requirement
due to the replatting of Fair Hills Fourth. Mayor Akin closed the hearing.
7. Motion by Akin, second by Kelly to adopt Resolution No. R38-87 vacating
the drainage/utility easements in Lots 4 - 15, Block 3, Fair Hills Aadition.
upon filing of Fair Hills Fourth. APIF, motion carried.
8. Motion by Akin, second by Kelly to appoint Randy Petrofske as a full time
liquor store employee as per the recommendation of the Liquor Store Manager.
APIF, motion carried.
9: Motion by Sprute,second by Mayer to approve the consent agenda as follows:
a. Approve Mountain Dew Day Licenses and Permits.
b. Approve payment of the bills as submitted.
APIF, motion carried.
10. Administrator Thompson informed the Council that the Dakota County Plat
Commission had recommended that the CSAH #31 Road Easement be increased. from
50' to 55' in the Akin Park Estates Plat. Administrator Thompson recommended
that the request be granted if the developer revises the plat. Concern was
expressed regarding the plat being revised by the County after being approved by
the Council and directed staff to contact the County to address the matter. It
was the consensus of the Council that the plat with a 50' to 55' road easement
for CSA~ #31 was acceptable.
11. Mayor Akin opened a public hearing at 7:30 P.M. to consider the 1987
street improvement project. Administrator Thompson gave a brief overview
of the project, and outlined how it fits into the City's overall street
rehabilitation program. Mayor Akin indicated that the Council would hear
testimony on individual streets:
Walnut - 2nd to 3rd Street
Mayor Akin: The City will pay for 75% of project costs. If the home
owners strongly oppose the City can spend the money on
other projects.
Adm. Thompson:
Lee Blake:
T. Kaldunski:
Tom Ryan:
T. Kaldunski:
Tom Ryan:
Mayor Akin:
Lee Blake:
Tom Ryan:
Att. Grannis:
Adm. Thompson:
Mayor Akin:
Fourth Street -
Adm. Thompson:
Mayme McCluskey:
L. Schneider:
Rod Geiser:
Estimated project costs are as follows: streets-$56,200;
storm sewer-$18,600; sanitary sewer-$20,000. It is staff
recommendation not to assess storm sewer. No policy has been
set regarding sanitary sewer assessment.
The Council stated they were going to repair the street last
year, but nothing was done. I would like the street improved,
but the curb and gutter should not have to be removed.
The curb line is bad and won't drain properly.
I would go along with the project, but the drainage problem
should get taken care of first. Will the City adjust the
driveways?
That should be no problem, just notify the City.
Will individual homeowners have to pay for driveways?
If everyone does not get a driveway it will be individually
addressed.
I don't have a driveway. .
Does the gas company have to pay for the easement it owns?
No.
The drainage problem is due to the inadequate system downstream
and should be addressed.
I have heard discussion regarding state aid being used for
project costs. It is my recommendation that the aid be used
for the City's 75% share.
Maple to Walnut
street-$102,400; storm sewer-$88,200; sanitary sewer-$O
I'm opposed to the project.
We shouldn't have to pay for
My curb is OK in front of my
Only parts of the street are bad.
the street if it had been kept up.
house.
The street isn't that bad.
It doesn't pay to fix the street until the drainage problem
is solved.
Mayor Akin:
It is the Council's intent to address the drainage problem.
Mayor Akin opened a public hearing at 8:00
plat of Dakota County Estates Fourth Addition.
later in the meeting.
P.M. to consider the preliminary
The hearing was continued until
Mayor Akin:
As stated before, the Council is not going to force these
projects but the streets are not going to get better and the
75% city share may not remain.
Rod Gieser:
If the drainage problem is solved I would be for the project.
M. McCluskey:
I would go along with the project as presented.
L. Schneider:
I would go along with the project as presented.
Steve Kruger:
The middle of the block is OK. The ends are bad. I'm
not sure if I'd like the project.
Arlen Olson: I have an 80' maple tree on my property. I don't want it
removed.
Fourth Street - Oak to Main
Adm. Thompson: Street - $121,320; storm sewer - $102,500; sanitary sewer -
$8,190. The sanitary sewer would also be for 150' stub in to
serve properties on the north. A matter that also needs to
be addressed is a truck route to Marigold Foods.
Tom Harshbarger: I am not opposed to the project but do not want trucks
driving on the street for safety reasons.
Don Feely: If trucks are not allowed to travel on Fourth Street, how
will they get to Marigold?
Mayor Akin: I am not sure how they will be routed. That issue will have
to be resolved before the project is ordered.
Earl Anderson: How much will it cost?
Adm. Thompson: Approximately $1,500 for the street portion.
Earl Anderson: How will the sanitary sewer easement through the lot to the
north be resolved?
Mayor Akin: That would be between you and your neighbor.
Tom Harshbarger: If the street remains a truck route I'm not paying for the
upgrading.
First Street - Spruce to Elm
Adm. Thompson:
Street - $117,280; storm sewer - $0; sanitary sewer - $31,075.
Sanitary sewer will have to be replaced.
Administrator Thompson presented a letter from the Olive Boyd estate.
Mayor Akin:
Don Feely:
Mayor Akin:
Don Feely:
Don Boyd:
Dave Erickson:
Adm. Thompson:
General Comments
Tom Ryan:
Tom Kaldunski:
Tom Ryan:
Tom Kaldunski:
Lee Blake:
Mayor Akin:
Dave Erickson:
Tom Kaldunski:
Dave Erickson:
Tom Kaldunski:
This street used to bear a lot of truck traffic before Spruce
Street was opened.
Will I have to pay for sanitary sewer improvement if my
property is served on Oak Street?
I'm not sure that can be addressed at this time.
I am in favor of the project if you make sure it lasts.
Will corner lots be given any credit?
My mother had to pay for a street improvement on one side. Now
she has to pay again for the other side.
Many concerns deal with assessment policy. It is my recommendation
that an assessment policy be adopted before bids are let.
How long will the streets be torn up?
Approximately 3 - 4 weeks.
Who takes care of restoration?
The City will take care of it.
Will blacktop be laid if it snows?
It depends on what time of the year. If it snows early the
contractor will probably continue.
Will the water system be checked?
All galvanized services will be replaced from the main to
the curb stops.
Will sidewalks be replaced?
Sidewalks are not part of the project at this time.
Mayor Akin closed the hearing.
12. Mayor Akin stated that based on the public hearing, it appeared that the
following matters needed to be addressed:
a. Plans and Specifications for the project.
b. Assessment Policy
c. Truck Route
d. Storm Sewer
e. Sidewalks
Administrator Thompson stated that because a public hearing would be required to
assess the sidewalk, it may be too late to complete this year. It was the consensus
of the Council that this matter be pursued. Motion by Mayer, second by Kelly to
adopt Resolution No. R39-87 ordering the preparation of Plans and Specifications
for the following streets:
Walnut Street
Fourth Street
Fourth Street
First Street -
- Second to Third Street
- Maple to Walnut Street
- Oak to Main Street
Sprute to Elm Street
and directing staff to prepare studies on truck traffic in the Marigold vicinity,
assessment policy and storm sewer improvements. APIF, motion carried.
13. Mayor Akin opened a public hearing to consider Dakota County Estates Fourth.
Administrator Thompson gave a brief overview of the proposed plat. Administrator
Thompson also presented a proposed developers agreement for publicly installed
improvements. Mr. Thompson stated that the storm sewer trunk improvements would
be installed at city cost per City policy and the surety for the privately installed
improvements would be determined by the City Engineer.
The following testimony was heard:
Based on my past performance, I don't feel I should have to
post surety for the repayment of the bonds.
Adm. Thompson: The Council has not required this surety from Mr. Benedict
in the past. I am concerned that waiving the requirement may
prevent the Council from requiring it for other developers if the Council thinks
it is necessary.
Jack Benedict:
Att. Grannis: Waiving the surety would not set legal precedent. The City
is still required to pay the bonds even upon developer default.
Mayor Akin: If we waive this requirement it does not mean we will do it
for future developers.
Denny Donaldson: I have a big concern allowing quad homes in the development.
I was not informed of any type of action until this meeting.
We have pride of ownership in our neighborhood and don't want it spoiled by rentals.
Mayor Akin: The area in questions was rezoned PUD over a year ago after
extensive work. The plat substantially conforms to the PUD.
The Planning Commission has recommended it be approved.
Denny Donaldson: The developer made no mention of quad homes when I bought my
house.
Jack Benedict: I did not know I would be building quads when I sold you the
house. The Council wanted a PUD over the entire 80 acres.
Mayor Akin: The Council wanted a PUD to avoid the confrontation we're
having this evening. Somewhere the process has not worked.
Denny Donaldson: We were never notified of the rezoning.
Tim Hickey: It was my understanding that the surrounding area would remain
farmland.
Mayor Akin: It is not reasonable to think that land will not be developed
in the area in question. We have working on this area for 5
years, and I have not heard any negative comment until this evening.
Jack Benedict: As stated in the Planner's recommendation, I may replat the
quads into single family homes.
Mayor Akin: Is it too late to replat?
Jack Benedict: Yes. I was told by staff, the Planning Commission and Council
that this was the way to proceed. Now I feel I have to defend
myself. I have two homes that have to be built before the Parade of Homes, and
redrawing the plat would preclude that.
Denny Donaldson: Why weren't people notified?
Adm. Thompson: The Council realized that people weren't getting notice during
the platting process. The Council changed the code so that the
neighborhoods were notified. You were notified of this meeting for your input.
Mayor Akin: Why are you so opposed to quads?
Denny Donaldson: Because of density and devaluating adjacent properties.
Jack Benedict: Each quad unit sits on a lot which is larger than the
single family lot you built on.
Denny Donaldson: I feel I was mislead by the salesman.
Robert Stegmaier: The zoning in that area would allow Mr. Benedict to put
mobile homes next to your houses, yet he chose not to so that
the neighborhood would retain its value.
Several comments followed from unidentified individuals regarding lack of
notification and opposition to the quads.
Jack Benedict: Regarding the developer's agreement, I would like to keep the
payment of the storm water charges with the issuance of the
building permit rather than being assessed. Also, I would like to reword the
agreement so that no certificate of occupancy be issued before the swale sodding
is installed, and to waive the bituminous surfacing requirements before a cer-
tificate of occupancy is issued.
Mayor Akin:
I have no problem with the first two requests, but would not
agree with the third.
Mayor Akin closed the hearing.
14. Mayor Akin stated that while he was concerned over the individual comments,
the property owners also had to bear some of the responsibility in this matter.
Council member Kelly stated that she was astonished nobody had contacted any
Council members before this meeting with their problems. Council member Sprute
stated that he was opposed to waiving the surety requirements for the bond
payments. Council member Sprute asked if the developer could delay until the
quad issue was resolved. Mr. Benedict stated that it would too long of a delay.
Motion by Akin, second by Mayer to adopt Resolution No. R40-87 approving the
preliminary plat and authorizing the signing of the final plat with the following
conditions:
a. Receipt of notarized statements from the preparer of the final plat
that it is identical to the preliminary plat.
b. Execution of a developer's agreement setting forth various conditions
including $4,950 for cash in lieu of park land and $47,796.21 for storm
sewer trunk.
c. Developer reimburses City for all legal, engineering and administrative
costs.
d. Developer submits the required number of copies of the plat.
APIF, motion carried.
15. Motion byMaye~ second by Kelly to approve the developers agreement with
the following changes:
a.
b.
Waive the surety requirement for the bonds.
No certificate of occupancy until the drainage swale sodding has been
installed.
Language deleting the storm sewer trunk from assessable costs.
for: Mayer, Kelly, Akin. Voting against: Sprute. Motion carried.
c.
Voting
16. Motion by Akin, second by Kelly to clarify that Bill Weierke's salary be
increased to that of a maintenance worker retroactive to the promotion date.
APIF, motion carried.
Mayor Akin left at 10:35 P.M.
17. City Auditor Ken Malloy gave a brief overview of the 1986 Financial Statement.
Mr. Malloy stated that most points were noted in the management letter. No action
was taken at this time.
18. Brian Lundquist gave an overview of the proposed Aware Gold Health Insurance
plan. Finance Director Henneke presented a budget adjustment which would fund
the increased premium during 1987. It was the consensus of the Council that the
increased coverage would be included in the 1988 salary/benefit package. Council
member Mayer asked if other coverages had been looked into. Mr. Henneke stated
that he had reviewed a number of HMO's. Council member Sprute asked if the
employees were in favor of the plan. Administrator Thompson stated that the plan
had been reviewed by all departments and he had not received any negative comments.
Motion by Kelly, second by Mayer to approve the Aware Gold effective June 1, 1987
and to approve the budget as submitted. APIF, motion carried.
19. The Council reviewed a staff proposal to plant trees in the downtown area
and to improve the planters. Comments were made regarding placing a cap on
the number of trees purchases. Council member Sprute stated that he was opposed
to planting Linden trees in the downtown area. The matter was tabled.
20. Motion by Kelly, second by Sprute to approve the capital outlay request
for the purchase of a heater for the pool. APIF, motion carried.
21. Motion by Sprute, second by Mayer to release $1,800 from the park improvement
fund to grade and seed the Dakota County Estates park. APIF, motion carried.
22. The Council next considered a request to extend the deadline on the
Whispering River Developers Agreement. Administrator Thompson stated that per
the developers agreement, the Letter of Credit would be 50% of the engineers
estimate. Concern was expressed regarding the length of time taken to complete
the project. Motion by Mayer, second by Kelly to extend the deadline until
November 1, 1987 or 3 days prior to the expiration date of the Letter of Credit,
which ever is sooner. APIF, motion carried.
23. Engineer Kaldunski presented addendum #1 to the Akin Road Sanitary Sewer
project (86-9). Mr. Kaldunski stated that the sewer should be rerouted to
avoid limestone discovered during test borings. Mr. Kaldunski stated that he
had talked to the owner of the property on the east side of Akin Road regarding
acquiring an easement and he had no problem providing the City avoided his
landscaped lawn. Motion by Kelly, second by Mayer to approve addendum #1 to
the Akin Road Sanitary Sewer lateral project. APIF, motion carried.
24. Administrator Thompson informed the Council that Mayor Akin had called a
special meeting for June 29, 1987 to discuss the City's Solid Waste Services.
25. Administrator Thompson informed the Council that the City would be hosting
the Chamber of Commerce Business After Hours at Rambling River Park on June 18,
1987 at 4:00 P.M. It was the consensus of the Council that the City provide
food and refreshments.
26. Motion by Sprute, second by Kelly to adjourn at 12:05 A.M. APIF, motion carried.
Approved
b/;S-/!7