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HomeMy WebLinkAbout03.07.88 Council Minutes MINUTES COUNCIL MEETING REGULAR MARCH 7, 1988 1. Mayor Akin called the meeting to order at 7:00 P.M. Members Present: Akin, Kelly, Mayer, Sprute, Uhl. Members Absent: None. Also Present: Administrator Thompson, Attorney Kretsch. 2. Motion by Sprute, second by Kelly to approve the agenda as presented. APIF, motion carried. 3. It was the consensus of the Council to approve the minutes of February 16, 1988 regular meeting. 4. Administrator Thompson stated that it was the City Attorney's oplnlon that, ~ince the roadway easement cited in the March 3, 1988 memo was not granted in favor of the City, it had no jurisdiction over it, and therefore, a public hearing is not required. Mr. Thompson stated that the easement could be modified by the owner of the property that the easement was granted in favor of. Mr. Thompson added that the City may have jurisdiction over the matter under the "access plan" ordinance, but it was the City Attorney's opinion that, since it did not involve a public roadway, the access would probably be considered a private drive and therefore not subject to the ordinance. The Council acknowledged that the property was split without Council involvement and therefore would probably not enjoy the benefit of all City services. 5. The Council next considered a petition for sewer service in the Pine Knoll area. Mayor Akin gave a brief history of the development and noted a history of private sewer problems. Mayor Akin noted the concerns cited in the Administrator's memo dated March 3, 1988. Mayor Akin added that this was not a public hearing and most questions and concerns would not be addressed until the feasibility study was prepared, which would state among other things, the engineer's cost estimates and if street improvements would be required. Administrator Thompson noted that the improvement could not be ordered until a public hearing was held. Joe Asher asked how long payments would be spread. Administrator Thompson stated that it varied according to the length of the bond issue, but it generally was 10 years. Engineer Kaldunski gave a brief overview of problems surrounding the project, and outlined the feasibility study. Motion by Akin, second by Kelly to accept the petition. APIF, motion carried. 6. Administrator Thompson stated that because the assessable property would probably exceed the scope of the petition, the Council should not rely on the petition as a legal basis for ordering the project. Dick Lenz asked if the feasibility study would only look at one alternative. Mr. Kaldunski stated that several alternatives would be looked into. Councilmember Mayer asked if street improvements would be looked at. Mr. Kaldunski stated that the streets costs would be examined. Mayor Akin asked if SAC costs would be involved. Administrator Thompson explained the SAC fees and indicated he would have to review building permits to see if SAC charges would be charged. Mayor Akin noted that assessments could not exceed the increase in the value to the property. Motion by Mayer, second by Uhl to adopt Resolution No. RI0-88 ordering a feasibility report for sanitary sewer in the Pine Knoll Addition/ CSAH #31 vicinity to be presented to the Council on April 18, 1988. APIF, motion carried. 3-7-88 - Council Minutes 7. The Council next considered a proposed ordinance amending Title 1, Chapter 12 (Official Depository), Title 1, Chapter 13 (Official Newspaper) and Title 2, Chapter 10 (abolishing the Reforestation Committee). It was the consensus of the Council that the Reforestation Committee should not be abolished. Motion by Akin, second by Sprute to adopt Ordinance No. 088-199 amending Title 1, Chapter 12 and Chapter 13 relating to the Official Depository and Newspaper. APIF, motion carried. 8. Motion by Sprute, second by Kelly to appoint Ken Hanson (Planning Commission) and Bill Vetscher (PARAC) to the Reforestation Committee. APIF, motion carried. 9. The Council next considered a staff report dated March 2, 1988 recommending the Council to proceed with improving County Road 64. Mayor Akin noted that the County had not changed its position regarding the 55/45 split of costs with the City, but that the School District would accept an assessment of 50% of the City share. Discussion followed regarding the scope of the project. Because of the impact on MSA funds, the project should remain at 900'. It was the consensus of the Council that while it did not agree with the 55/45 split, it would be remiss if it did not proceed with the project. Motion by Uhl, second by Kelly to give conceptual approval to the County/City improvement of County Road 64 as proposed by staff. APIF, motion carried. 10. The Council next considered a proposed refund of accrued interest to the developers of Terra Second for projects 86-5 through 86-8. It was noted that the developer was still required to install certain improvements and the letter of credit had expired. Motion by Akin, second by Uhl that no refund to the developers of Terra Second Addition should be issued until the improvements are installed according to the terms of the developer agreement. APIF, motion carried. 11. The Council considered the recommendation by the Farmington HRA to enter into a scattered site housing agreement. It was the consensus of the Council that it adopt the HRA's recommendation as outlined in the March 3, 1988 memo from the HRA Director. Administrator Thompson noted that if the HRA's recommendations were adopted in full, Farmington could only accept between 3/10 and 4/10 of a unit. Motion by Sprute, second by Mayer to adopt Resolution No. Rll-88 entering into a scattered site housing agreement with Dakota County HRA and incoporating the recommendations of the Farmington HRA. APIF, motion carried. 12. Motion by Akin, second by Sprute to adopt Resolution No. R12-88 adopting a policy for temporary water services by requiring the applicant to waive any right to appeal future water assessments based on existing water service. APIF, motion carried. 13. Motion by Uhl, second by Kelly to approve the final payment to Richard Knutson, Inc. of $27,896.24 (Arbitration Award - $26,971; Interest $925.12) for Projects 86-5 thru 86-7. APIF, motion carried. 14. The Council next considered a change to the "banking" portion of the City's employee vacation policy. Discussion followed regarding the method of vacation accrual and problems existing with the present system. Motion by Akin, second by Uhl to review the matter and that action be taken by April 18, 1988 and that no employee suffer a loss of vacation accrual during that period. APIF, motion carried. Minutes - 3-7-88 15. Motion by Kelly, second by Sprute to approve an agreement with Jon Sarff to collect sales tax erroneously collected by the Revenue Department from City contractors, with the addition of language that the City incur no direct or indirect costs. APIF, motion carried. 16. The Council next considered a preliminary request by Duo Plastics for Tax Increment Financing. Administrator Thompson gave a background of the project, and legal concerns based on 1987 and pending Legislative action. It was the consensus of the Council that it not proceed with establishing an Economic Development Authority until the 1988 Legislative Session is completed and that it will work with Duo Plastics on securing Tax Increment Financing, provided the term of the increment does not exceed 5 years. 17. Councilmember Sprute informed the Council that Jack Sauber had indicated he would serve on the Water Board. Discussion followed regarding potential conflict of interest. Motion by Uhl, second by Kelly to appoint Jack Sauber to the Water Board subject to his review of City Attorney's legal opinion regarding conflict of interest laws and his acceptance of the position. APIF, motion carried. 18. Motion by Sprute, second by Kelly to approve the consent agenda as follows: a. Approve a request to attend Computer Classes - General Services. b. Authorize expenditure (capital outlay request) of up to $5,000 for remodeling at the Senior Center. c. Approve a request to attend the Governor's Natural Disaster Conference - Police Department. d. Approve a capital outlay request for 2 roof ladders - $490.20 for the Fire Department. e. Approve a capital outlay request for portable flood lights - $300.00 for the Fire Department. f. Approve a capital outlay request for radios - $1,011.00 for the Rescue Squad. g. Approve payment of the bills as submitted. APIF, motion carried. 19. The following roundtable items were discussed: a. Acknowledgement of the ALF Annual Report. b. Mayor Akin indicated that because of the County's position on County Road 64, he was not certain if he should be representing the Council's position regarding the extension of sewer and water to the Fairgrounds and County Extension Office, if the Council wished to proceed with the project. Councilmember Kelly indicated that she would represent the Council. c. Administrator Thompson reported that he would be testifying at a House hearing Wednesday morning regarding the return of tax forfeited property in Pine Knoll. 20. Motion by Kelly, second by Akin to adjourn at 10:15 P.M. APIF, motion carried. Submitted by, ~!7z:- ~- ,-_-,.J J~ Q u City Administrator Approved