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HomeMy WebLinkAbout02.16.88 Council Minutes MINUTES COUNCIL MEETING REGULAR FEBRUARY 16, 1988 1. Mayor Akin called the meeting to order at 7:00 P.M. Members Present: Akin, Mayer, Sprute, Uhl. Members Absent: Kelly. Also Present; Administrator Thompson, Attorney Grannis. 2. Motion by Sprute, second by Uhl to approve the agenda as submitted. APIF, motion carried. 3. Motion by Sprute, second by Akin to approve the minutes of the February 1, 1988 regular meeting with the following changes: a. Paragraph 1115 should read "Councilmember Sprute asked if it would..." b. Paragraph 1117(4) should read "...February~, 1988." APIF, motion carried. 4. The Council next received a petition for mediation services from Teamsters Local 320 regarding the 1988 Labor Agreement. Motion by Akin, second by Sprute to acknowledge receipt of said petition. APIF, motion carried. 5. The Council next discussed several options regarding the continued negotiations of the Labor Agreement including: 1) utilizing the City Attorney; 2) utilizing a labor professional; 3) meeting in mediation with the full Council; 4) amending the final offer by the Committee. Councilmember Sprute expressed concern over the expense of using the City Attorney or professional services for negotiating. Motion by Akin, second by Uhl that the full Council, Administrator and Attorney initially meet with the mediator and Local 320. APIF, motion carried. 6. Mayor Akin reopened the public hearing at 7:15 to consider the reassessment of Terra 2nd Addition which was continued from January 4, 1988. Administrator Thompson gave a brief background of the matter as referenced in reports dated December 30, 1987, Summary of Costs dated January 4, 1988 and comparative computations submitted by the developer on January 4, 1988. Mr. Thompson also presented an appeal by the developer dated February 12, 1988. Hr. Thompson stated that the developer had indicated they could seek relief through the appeal process (M.S. Chapter 429) or sue for damages. The following testimony was given: Mayor Akin: Attorney Grannis: Mayor Akin: Attorney Grannis: the matter. This still to install the required Mayor Akin: Attorney Grannis: The 90 'day appeal process has expired? Yes. The contractor still could bring separate action outside of the contract, though. The Letter of Credit required by the Developer's agreement is no longer valid? The City tried to draw on the Letter of Credit and the bank refused payment. The City could pursue does not relieve the developers from their obligation improvements and/or to provide surety. Is the original assessment roll still valid? Can it be appealed? The 30 day appeal period on the original assessment roll dated October 20, 1986 has expired. Adm. Thompson: It should be noted that the Developer has indicated he felt the first assessment was only "interim". Is anyone present representing the developers? Mayor Akin: (No Response) Mayor Akin: It should proj ect. position. We've had many problems with this development. I don't know if we can satisfy the developer. We want to do what-8 fair and equitable. be noted that this was a publicly financed Had private funds been used, the City would be in a different Cm. Sprute: Mayor Akin: Cm. Sprute: I agree. Where did the arbitration language in the contract come into being? The standard contract language, including the arbitration clause, was reviewed in 1979 and approved by the City. Did the developer waive his right to appeal under the terms and conditions of the Developer's Agreement? Yes. But it should be qualified that the waiver language has never been tested in Minnesota Courts. I feel that we have met our obligations with this project and do not need to go further. Mayor Akin closed the public hearing. Adm. Thompson: Cm. Mayer: Attorney Grannis: Cm. Mayer: Mayor Akin reviewed the various project costs and developer's claims presented during the public hearing. Mayor Akin stated that based on figures presented, the Council consider not adopting a supplemental assessment and that the $6,800 in interest earnings be returned to the developer. Administrator Thompson stated that based on his estimates, the fund would be approximately $5,300 short. Councilmember Sprute stated that he agreed that a supplemental assessment should not be adopted, but that the $6,800 should not be returned because it offset legitimate project expenses. It was the consensus that the Council act on the supplemental assessment and that staff further analyze the return of the interest earnings or other refunds. Motion by Akin, second by Sprute that upon considering final costs and amount originally assessed, the City not take any further action on reassessing or adopting a supplemental assessment roll as discussed in the hearing closed this 16th day of February, 1988. APIF, motion carried. 7. The Council directed staff to review the matter of granting a refund to the developer to be placed on the next regular meeting agenda. 8. The Council next considered a request by Eugene Kuchera for a reimbursement of sidewalk repairs of $100. The matter was previously discussed on January 19, 1988. Councilmember Mayer stated that the City did get an improvement on the sidewalk at minimum cost and that he was in favor. Councilmember Uhl asked if Mr. Kuchera was asking for $1,224 or $100. Adminstrator Thompson stated that it was $100. Councilmember Uhl stated that because there was no indication given that he would be reimbursed, he was opposed. Councilmember Sprute stated that the Council had granted a similar request, and felt the Council should honor this request for the sake of consistency, and that in the future, staff should be specific that a reimbursement will not be made. Mayor Akin stated that this request was different from the first in that the sidewalk was replaced in conjunction with the installation of a driveway. The sidewalk would had to have been replaced regardless of the condition. Motion by Akin, second by Uhl to deny the request. Voting for: Uhl, Akin. Against: Sprute, Mayer. Motion failed. Motion by Sprute, second by Mayer to reimburse Mr. Kuchera $100 for 50 square feet of sidewalk repair. Voting for: Mayer, Sprute. Against: Uhl, Akin. Motion failed. 9. The Council next considered a capital outlay request by General Services to purchase various safety equipment for the Sewer Department as required by OSHA. Mayor Akin noted that additional equipment may also be required. General Services Superintendent Kaldunski stated that the additional equipment would be requested once department policy was set. Motion by Akin, second by Uhl to approve the purchase of a triple gas detector and tripod with harness from Viking Safety products for $3,248.00. APIF, motion carried. 10. The Council next considered a request to order the 1988 Street Improvement Project. Staff proposed improving 4th Street between Main and Oak and 4th Street between Walnut and Maple. It was the consensus of the Council that the streets could not be improved unless the residents cold be assured the drainage problems would be solved. General Services Superintendent Kaldunski indicated that the storm water issue would be addressed as a separate issue next meeting. Motion by Uhl, second by Mayer to adopt Resolution No. R9-88 ordering a feasibility report for the 1988 Street Improvement Project as described above. APIF, motion carried. 11. Michelle Schnitker from the Dakota County HRA presented an agreement for extending the low income scattered housing program. Ms. Schnitker indicated the agreement would allow the HRA to purchase an additional five homes. Questions were raised regarding the number of cities participating in the program, total number of subsidized units in Farmington, if townships participate, and potential conflicts with the Farmington HRA. Motion by Mayer, second by Uhl to forward the proposed agreement to the Farmington HRA for its review and comment. APIF, motion carried. 12. The Council deferred appointing new members to the Reforestation Committee until staff reported back on the need for said Committee. 13. Motion by Uhl, second by Mayer to appoint Chris Galler to the Park and Recreation Advisory Commission from February 1, 1988 to January 31, 1990. APIF, motion carried. 14. The Council next considered the vacancy on the Water Board. It was the consensus of the Council that the matter be tabled until the next regular meeting. 15. Motion by Sprute, second by Akin to approve the consent agenda as follows: a. Approve a request to attend schools and conferences - Engineering Dept. b. Approve a request to attend schools and conferences - Finance Dept. c. Approve a request to attend schools and conferences - Administration d. Approve payment of the bills as submitted. APIF, motion carried. 16. The following round table items were discussed. a. Attorney - Update on notice and summons of complaint - Gary and Joan Ness. b. Mayor - Upcoming meeting with residents to discuss ga~age. Information packet to be sent Pete Kontinakis and Sunnyside Mayor to serve as moderator. to Councilmembers. c. Administrator- Proposed property tax changes by Governor. 17. Motion by Akin, second by Uhl to adj ourn at 9 :30 ,P .M. . APIF, motion carried. Respectfully submitted, ;f.~ )7r- Larry Thompson City Administrator 3 /1/~C[; Approved