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HomeMy WebLinkAbout05.16.88 Council Minutes MINUTES COUNCIL MEETING REGULAR MAY 16, 1988 1. Mayor Akin called the meeting to order at 7:00 P.M. (The meeting convened at the Dakota Electric Building.) Members Present: Akin, Kelly, Mayer, Sprute. Uhl. Members Absent: None. Also Present: Administrator Thompson, Attorney Grannis. 2. Motion by Kelly, second by Uhl to approve the agenda with the following changes: a. Remove item 7a - Ordinance Relating to the Disposal of City property. b. Remove item lOa - City Fiscal Policy. c. Discuss letter received from Attorney Stephen Doyle. d. Discuss Pit Bull ordinance. APIF, motion carried. 3. It was the consensus to approve the minutes of the May 2, 1988 regular meeting. 4. The Council next considered the resignation of Mayor Akin effective July 1, 1988. Attorney Grannis stated that the Council had two options: 1) Take no action and on July 1, 1988 the resignation would become effective unless with- drawn; 2) Adopt a resolution accepting the resignation, which would in effect lock in the date of resignation. Councilmember Sprute stated that the Council should accept the resignation in order to set the process of selecting a new mayor. Councilmember Mayer asked Mayor Akin to consider withdrawing the resignation. Mayor Akin stated that he would not withdraw his resignation. Motion by Sprute, second by Mayer to adopt Resolution No. R25-88 accepting Mayor Akin's resignation effective July 1, 1988. APIF, motion carried. 5. Mayor Akin opened a public hearing at 7:15 P.M. regarding the extension of sanitary sewer to the Pine Knoll area and street reconstruction. Administrator Thompson introduced the following correspondence to be recorded as part of the minutes: a. Undated petition opposing the project signed by the owners of 42 affected parcels. b. Letter from Denise Rotty dated APril 27, 1988 opposing the project. c. Letter from Darlene and Kenneth Anderson dated May 12, 1988 opposing the project. d. Letter from Scott and Pam Ritchie dated May 10, 1988 opposing the project. e. Letter from Harold and Florence Mattson dated May 12, 1988 opposing the project. Motion by Akin, second by Sprute to accept the petition. APIF, motion carried. Administrator Thompson gave a brief summary of the improvement process. Attorney Grannis explained that any assessment could not exceed the increase in the value to the property. City Engineer Tom Kaldunski gave an overview of the project. The following is a summary of the testimony. Lee Wiggert: Are you aware that Dunbar Avenue is not constructed on the centerline and, if it is centered, a retaining wall will be required on the north end? Tom Kaldunski: I am aware that it is not centered. It is policy to center the street. Contingency funds are available if a retaining wall is necessary. Mr. Wiggert: What type of curb and gutter? Tom Kaldunski: Since the curb and gutter would be installed in an existing neighborhood, it would be the 6 inch "B" type curb as opposed to surmountable. Mr. Wiggert: Would the Council consider speed bumps in the street? Mayor Akin: No. It hampers snow plowing. Mr. Wiggert: Would assessments be based on front footage? Tom Kaldunski: It probably would be an adjusted front footage. Karen Watland: Who determines what the benefit is? Dave Grannis: The Council determines the amount of the assessment. If the property owner feels it exceeds the benefit, it is up to the individual to prove that in District Court. Karen Watland: That would mean I would need an appraiser and an attorney. Dave Grannis: Yes Karen Watland: When I bought my house, I was told that the MWCC had a moratorium on extending sewer to Pine Knoll for 20 years. Bill Terpening: Why doesn't the City wait until the area is ready to develop before extending sewer? I don't want the sewer because of the cost. Lyle Stratton: Stuart Dittbrenner: I own 13 undeveloped lots in Pine Knoll. The estimated cost of the assessments would make the lots unmarketable. Frank Lamberty: I paid $400 in 1982 to the MWCC. What happened to that money? Its called a SAC charge. It is to pay for treatment plant and interceptor expansions. I'm opposed to the project. Larry Thompson: Brad Burns: Ken Anderson: If the City has to acquire the 10 lots for the project, who would pay for the assessments on those lots? Would they be spread across the project? Mayor Akin: Ken Anderson: The City would pick those up. CSAH #31 won't have to be rebuilt? Tom Kaldunski: Sewer will be placed outside of the road surface. If sewer is put in, I'll have to sell off some of my property. I am opposed. Do we have to prove assessments exceed benefits? Council assesses, you have to prove it exceeds benefit. If the Court finds the assessment exceeds benefit, who pays for the amount thrown out? Council could reassess, which is doubtful. It would have to be paid by the City. Ken Anderson: Marcie Gamer: Mayor Akin: Marcie Gamer: Larry Thompson: May 16, 1988 - Council Minutes Mayor Akin: That's a problem. If the Court finds each lot was over assessed by $1,000, it would cost the City $94,000. Jeff Cutshell: What if I file bankruptcy after assessment? Assessments would be a first lien on your property. How much did the City pay for the street rehab in the old part of town? Mayor Akin: 25% owner/75% City. This is different because we are extending service which does not exist, and the street improvement is secondary, because they were only put in on a temporary basis. Larry Thompson: Steve O'Dell: Steve O'Dell: Mayor Akin: Bill Frame: Tom Kaldunski: Will curb and gutter ever be placed on #31? That's doubtful. Bill Frame: Tom Kaldunski: Will the trunk line location be changed? The locations are defined in the Comprehensive Plan and are generally dictated by the contour of the land. Will we pay for future oversizing? No. Larry Thompson: That is the biggest obstacle in this project. The MWCC has stated that it won't approve the project if we assess outside of the Pine Knoll area. Therefore, the City cannot assess on an area wide basis. That's why trunk lines are not proposed for this project, but instead lift stations and forcemains are used. Debbie Watson: What if streets can't be maintained in 5 years? Will the City go ahead and install sewer also? We will continue to repair the roads until eewer is in place. When is the project actually ordered? The project could be ordered this evening, but could be stopped at any time before bids are let. An $8,000 assessment would put you out of the market. (Notes petition against the project.) Much has been said about the need for sewer. I don't believe there is a need. If the people with problems would take the amount they would be assessed and stick it into their septic systems, they wouldn't have a problem. Mayor Akin: Floyd Mattson: Mayor Akin: FLoyd Mattson: Mit ch Lemke: Bill Terpening: Stuart Dittbrenner: The proposed assessments do not include the actual hookups. The City will provide service to the property line. It is the owner's responsibility to get it from there Tom Kaldunski: to the house. Lee Wiggert: Karen Watland: The proposed assessment would put me out of my house. Why don't you install the trunks instead of the lift stations? Tom Kaldunski: Because the MWCC would not let us assess the cost of the trunks on an area wide basis. Karen Watland: Mayor Akin: Will we be assessed when the trunks are installed? Ken Anderson: No. The City could prove additional benefit because you would have the service. The property owners would have to hook up within one year of availability? Mayor Akin: Yes, per ordinance. Ken Anderson: On a per unit basis, the trunk option is cheaper than force mains and lift stations. The Council should wait until the installation of trunks becomes feasible. Mayor Akin closed the public hearing. The following concerns were expressed by the Council: a) assessments are high; b) difficult to prove benefit exceeds assessment; c) project is premature based on development in the vicinity; d) hardship on the owners. Motion by Akin, second by Mayer that based on the potential of the assessment exceeding benefit, the Pine Knoll Area Sanitary Sewer project not be ordered. APIF, motion carried. Motion by Akin, second by Kelly to place the feasibility report on file for future reference. APIF, motion carried. 6. Motion by Akin, second by Uhl to amend the Akin Park Estates Developers agreement by extending the completion date until August 1, 1988, provided the developer extends the letter of credit accordingly. APIF, motion carried. 7. Staff informed the Council that Pine Bend Landfill would no longer accept hazardous waste and therefore recommended the Council adopt a policy stating the City will no longer collect hazardous waste. Concern was expressed regarding the disposal of hazardous waste. Robert Williamson stated that the County was instituting a program and that presently the Council had a list of drop off points. It was the consensus of the Council that the City stop collecting hazardous waste at this time and for staff to prepare a notification to homeowners. 8. The Council next considered the 1987 Audit Report. Ann McIntosh of Pannell, Kerr and Forster, CPA, reviewed the report. Ms. McIntosh addressed the following items in the report: a. The audit report issued a "clean" opinion except for the lack of a fixed assets inventory. b. There was a weakness in internal controls because of a lack of segregation of duties, due to the size of the Finance Department. c. At certain times, the City's depository lacked sufficient collateral. d. LAWCON funds were co-mingled with City Capital Outlay funds. They should have been segregated. e. Certain funds had deficit cash balances without indentifying future funding sources. f. Noted that fund balance does not equal cash balance. Motion by Kelly, second by Uhl to accept the 1987 Audit Report. APIF, motion carried. 9. The Council adjourned and reconvened the meeting at City Hall at 10:00 P.M. May 16, 1988 - Council Minutes 10. The Council next considered the proposed zoning amendments as recommended by the Planning Commission. Concern was expressed that the amendments were not being directed at the "Hardee's" project. Administrator Thompson stated that the Planning Commission had proposed the changes in response to the Hardee's project, but was discussed as "what is best for the entire City". If the changes were directed only to Hardee's, the Planning Commission could have granted variances. Motion by Uhl, second by Kelly to adopt Ordinance 088-200 relating to certain amendments to the Zoning Ordinance as recommended by the Planning Commission. APIF, motion carried. 11. The Council next considered a letter from Attorney Stephen Doyle requesting binding arbitration in the matter of the disciplinary action of Dan Churchill. It was noted that the letter had just been received by the Council that day and the letter stated a May 24, 1988 deadline for response, which was before the next Council meeting. Mayor Akin objected to taking action on the matter due to lack of time for review. Per Council by-laws, no add-on item can be acted on if one member objects. The matter was tabled until June 6, 1988. 12. Motion by Akin, second by Uhl to amend the Fair Hills 4th and Fair Hills Phase III developers agreements by extending the dat'e of completion to July 1, 1988, provided the developer extends the letter of credit accordingly. APIF, motion carried. 13. The Council directed staff to review the status of the Terra 2nd Addition developers agreement, and report back to the Council. 14. The Council next considered an extension to the Whispering River Developer's Agreement. Consulting Engineer Glenn Cook reviewed the "punch list" of un- finished items or items requiring corrective action. The Council noted that the developer requested an extension to June 15, 1988, but that the Council met on June 20, 1988 which would be the most realistic time to accept the project. Motion by Mayer, second by Kelly to amend the developers agreement by extending the completion date until June 21, 1988 contingent upon the developer extending the letter of credit accordingly, and to inform the developer the City intends to draw on the letter of credit for any uncompleted items on June 21, 1988. APIF, motion carried. 15. Motion by Akin, second by Uhl to approve the Acting Sergeant's pay to $15.33/hour effective April 1, 1988 until the Sergeant returns from suspension. APIF, motion carried. 16. The Council next considered a staff proposal to increase solid waste fees by 15%. Finance Director Henneke indicated the increase would be necessary to fund the Solid Waste Coordinator's position and fund deficit. Discussion followed regarding the proposed increase and the merits of staying in the solid waste business, and hiring a coordinator. Administrator Thompson stated that the solid waste issue had become so complex that, if the Council did not increase the fees 15% and hire the coordinator, the City would soon be out of the solid waste business. Comparisons were made between private vs. public haulers. It was noted that while the City's rates would be at the top end of the scale at first, projections indicated that the City's rates would end up on the low end in the long run. Finance Director Henneke cautioned the Council that the projections were not firm, and would not be known until an indepth study was completed. Motion by Akin, second by Kelly to increase solid waste fees 10% to fund the deficit. Motion by Sprute, second by Mayer to increase the solid waste fees 15% to fund the coordinator's position and consulting fees, and any additional funds be used to fund the deficit and possible landfill fee increases. -Voting on the amendment: For: Mayer, Uhl, Sprute. Against: Akin, Kelly. Motion carried. Voting on the amended original motion: For: Uhl, Sprute, Mayer. Against: Akin, Kelly. Motion carried. 17. The Council next considered a staff proposal to increase sewer rates 15-20%. Finance Director Henneke noted that this was proposed in the 1988 Budget. Administrator Thompson stated the increase was necessary to fund the increased MWCC fees. Concern was expressed regarding the increase placing Farmington at the top of the sewer fees in the Metro Area. Engineer Kaldunski stated that Farmington had an antiquated system that allowed high levels of 1/1. Motion by Kelly, second by Uhl to increase the sewer rates by 15%. Voting for: Kelly. Voting against: Akin, Sprute, Mayer, Uhl. Motion failed. 18. Motion by Sprute, second by Mayer to increase sewer rates by 10%. Voting for: Sprute, Mayer, Uhl. Against: Kelly, Akin. Motion carried. 19. Motion by Akin, second by Kelly that, per staff recommendation, an adjustment to the Restwell Motel's sewer bill to $418/quarter effective the first quarter of 1988, and to waive the first quarter penalty. Voting for: Kelly, Mayer, Uhl, Akin. Against: Sprute. Motion carried. 20. It was the consensus of the Council for staff to proceed with work on an amendment to the Tax Increment Finance Plan for the purpose of locating businesses on the old MnDOT property and Pine Street railroad property. The Council directed staff to inform the Dakota County Board and Farmington Planning Commission of the proposal. 21. City Engineer Kaldunski presented the proposed plans and specifications for the 195th Street Improvement. Mr. Kaldunski stated the plans had been approved by MnDOT and Dakota County. Mr. Kaldunski stated that, while this was a City/County/State Aid project, the City would be responsible for letting the contract and inspections. Attorney Grannis stated that he had the easement and development agreements tentatively worked out, but required direction from the Council regarding the term of the assessments, fence relocation, and crop damage. Motion by Akin, second by Kelly to adopt Resolution No. R26-88 approving the plans and specifications for the 195th Street project. APIF, motion carried. 22. Motion by Kelly, second by Sprute to adopt Resolution No. R27-88 authorizing and directing the advertisement of bids for the 195th Street project to be opened June 13, 1988 at 2:00 P.M. APIF, motion carried. 23. Motion by Kelly, second by Uhl to adopt Resolution No. R28-88 approving the proposed development agreement with ISD 192 relating to the 195th Street Project. APIF, motion carried. 24. Motion by Akin, second by Uhl to adopt Resolution No. R29-88 approving an easement agreement with Larry Wenzel whereby the City waives any assessments in exchange for the necessary easements to construct 195th street and the City clarifies that it will not replace the fence or pay for crop damage. APIF, motion carried. 25. Motion by Akin, second by Mayer to approve a budget adjustment transferring $9,700 from Full Time Salaries - General Services - Streets to Part Time Salaries - General Services - Streets. APIF, motion carried. May 16~ 1988 - Council Minutes 26. Motion by Kelly, second by Mayer to approve the streets for the 1988 Seal Coating Project as proposed by staff and to allow ISD 192 to participate if requested. APIF, motion carried. 27. Mayor noted that expanded. "Plan B". Akin presented the proposed 1989 ALF Ambulance Budget. the subsidy would decrease to $2.75/capita as services Motion by Kelly, second by Uhl to approve the 1989 ALF APIF, motion carried. Mayor Akin would be Budget - 28. Motion by Mayer, second by Uhl to adopt Resolution No. R30-88 accepting the donation of a cascade system for the Volunteer Fire Relief Association. APIF, motion carried. 29. Motion by Kelly, second by Akin to reimburse Roland Sampson $40.00 for attending a Planning Commission workshop. APIF, motion carried. 30. Motion by Sprute, second by Kelly to approve a temporary 3.2 beer license for the Mt. Dew Days Committee. APIF, motion carried. 31. Motion by Sprute, second by Mayer to approve the consent agenda as follows: a. Approve a capital outlay request - Safety Storage Cabinet - $739.12 - Fire Department. b. Approve a request for final payment - Arcon Construction - Dakota County Estates 2nd - Phase III and Dakota County Estates 4th - Utilities - $25,353.90. c. Approve payment of the bills as submitted. APIF, motion carried. 32. The Council next considered a staff proposal to improve the downtown planters. It was noted that the plan was endorsed by the Chamber of Commerce and HRA and that both would contribute to the project. City Engineer Kaldunski stated that the price of the trees had risen dramatically because of the delays. It was the consensus of the Council that, while it conceptually approved the plan, the trees were too expensive to purchase at this time. No action was taken. 33. Motion by Akin, second by Kelly to approve the amendment to the grading plan for Dakota County Estates 4th. APIF, motion carried. 34. The Council directed staff to obtain information relating to the regulation of Pit Bull Terriers. 35. Motion by Akin, second by Kelly to adopt Resolution No. R31-88 accepting a donation of banners from the Chamber of Commerce. APIF, motion carried. 36. Motion by Akin, second by Kelly to adjourn at 1:35 A.M. carried. APIF, motion Respectfully submitted, ~~z:- City Administrator Approved ->;9