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HomeMy WebLinkAbout06.20.88 Council Minutes MINUTES COUNCIL MEETING REGULAR JUNE 20, 1988 1. Mayor Akin called the meeting to order at 7:00 P.M. Members Present: Akin, Kelly, Mayer, Sprute. Members Absent: None. Also Present: Administrator Thompson, Attorney Grannis. 2. Motion by Kelly, second by Sprute to approve the agenda with the following changes: a. Remove item lOa - Budget Adjustments b. Remove item 3b - June 14, 1988 minutes c. Remove item 3c - June 15, 1988 minutes APIF, moti~n carried. 3. Ken Dick complained that the abandoned grain elevator at 3rd and Main posed a health and safety hazard. The Council directed staff to contact the owner to abate the condition and to bring the matter back to the Council on July 5, 1988. 4. Lee Blake complained that the City was doing a poor job of repairing Walnut Street between 2nd and 3rd Streets. Mayor Akin stated that the Council had proposed improving that street but the owners had opposed the project. No action was taken. 5. Mayor Akin opened a public hearing at 7:15 P.M. to consider the extension of water to the Fairgrounds. Administrator Thompson gave a brief history of the project and recommended the Council and Fair Board enter into agreements relating to engineering services, utility services and construction as set forth in a January 12, 1988 outline. The following is a summary of testimony given. Jerry Stelzel: (Fair Board) The original proposal was to extend sewer and water, but complications with the MWCC had postponed the extension of sewer. The project would include the administrative building, pavillion, shop, horsebarn and a portion of Dakota City. (Mr. Stelzel presented the proposed plans.) Richard Childs: (Castle Rock) Mayor Akin: Attorney Grannis: Mayor Akin: Warren Sifferath: Will the Township be a party to the agreement? We don't want to circumvent the Town Board. You could place a consent clause in the agreement. Is the extension office interested in water service? Mayor Akin: Yes. We have presented no formal request to the County Board at this time. While the Fairgrounds and extension service can be constructed as one project, the agreements should be dealt with separately. Councilmember Kelly: Engineer Kaldunski: How~y hydrants? Four. The Dakota Village and all buildings will be within 500' of a hydrant. Mayor Akin: Mr. Stelzel: Councilmember Mayer: Will a Water Availability Charge be imposed? It has been discussed. We expect some type of hookup charge. Will we limit the number of connections? 6. Mayor Akin opened a public hearing to consider the establishment of an Economic Development Authority. 7. Adm. Thompson: Yes. Mayor Akin: Agreements will have to be drafted. Should include billing in advance, trunk and availability charges and right to enter. Mr. Stelzel: The Fair Board would request the City design, stake and inspect the project. We will construct. Adm. Thompson: ~aeviewed the pFvposed agreements.) Mr. Sifferath: Engineer Kaldunski: Councilmember Sprute: Adm. Thompson: apply to the Fair Board. Councilmember Sprute: Mr. Stelzel: Councilmember Sprute: Engineer Kaldunski: How would you service the extension office? From the east on Ash Street. I would be opposed to Ash Street. The County Attorney has reviewed the agreements and has recommended the "hold harmless" sections also If the system is not designed with a loop, the water quality may be poor. You should be aware of that. We are aware of it. Is a dead end the best design? A loop would be best, but if we are going to meter all water going into the Fairgrounds, we can only install a deadend. Mayor Akin closed the hearing. 8. Motion by Akin, second by Sprute to adopt Resolution No. R40-88 to direct staff to prepare the necessary agreements for Council consideration at the July 5, 1988 meeting, and accepting the feasibility report. APIF, motion carried. 9. Mayor Akin reconvened the public hearing to consider the establishment of an Economic Development Authority (EDA). Administrator Thompson stated that several changes in tax increment financing had limited the use of redevelopment authority. Ernie Darflinger stated that he had reviewed the law and that the Council could assist economic development through City Development Districts managed by the Councilor Economic Development Districts managed by an EDA. The following is a summary of testimony given. Mayor Akin: Mr. Darflinger: Mayor Akin: Administrator Thompson: Couldn't the City assist Duo Plastics using the old authority? No. Legislation has precluded expanding the district, and any project would be outside of that district. Couldn't the City establish one large district in the event future legislation kills tax increment? It is not feasible to create a district without a specific project because of time limitations. Mayor Akin: Are the projects financed the same as redevelopment districts? Mr. Darflinger: Mayor Akin: Yes. Warren Sifferath: I feel Duo Plastics expansion would be a good project because they have a proven track record. Couldn't some other financial tool such as IRB's be used instead of tax increment? Adm. Thompson: Changes in Federal and State laws have severely restricted the use of IRB's. The problem with tax increment districts is that they tend to go on and on with no end. The State has placed an eight year time limit on development districts. We can create a development district with or without and EDA? Mr. Sifferath: Adm. Thompson: Mayor Akin: Mr. Darflinger: Yes. Mayor Akin closed the public hearing. 10. Motion by Kelly, second by Mayer that the City not establish an EDA. APIF, motion carried. 11. The Council next considered a request by the Akin Park Estates Developer to extend the deadline for installing the wear course until June 1, 1989. Attorney Grannis recommended the Letter of Credit be extended 30 day beyond the completion date. Motion by Kelly, second by Sprute to extend the completion date of the final wear course for Akin Park Estates until June 1, 1989 with all other im- provements to be installed by August 1, 1988, contingent upon the Letter of Credit being extended until June 30, 1989. APIF, motion carried. 12. Motion by Mayer, second by Kelly to adopt Resolution No. R41-88 to discontinue the lease/purchase agreement for the Police Department dictaphone. APIF, motion carried. 13. Engineer Kaldunski presented the following bids for Project 88-3 (195th Street). Reisinger Excavating McNamara Construction Valley Paving Alexander Construction Bituminous Roadways $ 78,756.72 94,911.50 99,478.19 113,634.14 122,927.10 The Council noted that any excavation of fill off site would require an excavation permit. Motion by Akin, second by Sprute to adopt Resolution No. R42-88 accepting the low bid of Reisinger Excavating of $78,756.72 for Project 88-3 and authorizing the execution of proper agreements. APIF, motion carried. 14. Motion by Kelly, second by Sprute to accept Fair Hills - Phase III and Fair Hills 4th improvements. APIF, motion carried. 15. The Council next considered the request for an extension of the deadline for the Whispering River improvement. The Council reviewed the unfinished portions of the project. Concern was expressed regarding the delay of the project. It was noted by Attorney Grannis that the developer had to comply with the engineers "punch list" regardless of what was stated in the developer's request. Motion by Kelly, second by Mayer to extend the Whispering River completion date until July 11, 1988 provided the Letter of Credit with an expiration date of July 18, 1988 is presented to the Council by noon on June 21, 1988. APIF, motion carried. 16. The Council next considered the proposed assessment/improvement policy. Administrator Thompson recommended the "adjusted front foot" method be amended to comply with the policy adopted on June 14, 1988. Motion by Akin, second by Sprute to adopt the proposed assessment/improvement policy dated April 27, 1988 with the recommended change. APIF, motion carried. 17. The Council next considered the status of Terra 2nd improvements. City Engineer Kaldunski stated the only remaining improvements were street lights and signs. The deadline has passed and the bank had not honored the Letter of Credit. Mayor Akin asked if building permits could be withheld. Attorney Grannis stated that the developers agreement did not provide for withholding of building permits. The developers recourse could be to install the improvements or to get a court order. Motion by Kelly, second by Akin that no more building permits be issued in Terra 2nd Addition until the required improvements are installed. APIF, motion carried. 18. The Council next considered a Parental Leave policy to comply with State law. Councilmember Mayer suggested the policy be clarified to state an employee request parental leave without payor vacation/camp time but not in conjunction. Motion by Kelly, second by Akin to adopt Resolution No. R43788 amending the personnel policy by adding a parental leave policy per staff recommendation with the deletion of vacation/camp time option to be used in conjunction with parental leave. Voting for: Mayer, Sprute, Kelly. Against: Akin. Motion carried. 19. It was the consensus of the Council that consideration of the Comprehensive Water Study be tabled until the Water Board has taken action. 20. The Council tabled action on the purchase of a garbage truck until the status of the Co-Compost Grant has been determined. 21. The Council agreed to remove the purchase of a General Services pickup truck from the consent agenda for general discussion. Concern was expressed about taking money earmarked for the skid loader snowblower for the purchase of a truck. Motion by Akin, second by Mayer to purchase a 1988 Ford 4WD pickup truck for $13,973 using $12,000 earmarked for the purchase of a pickup and the remaining $1,973 to come from the General Services Budget. (Said budget adjustment to be considered by the Council at a later date.) APIF, motion carried. 22. Motion by Kelly, second by Akin to approve the consent agenda as follows: a. Approve Capital Outlay Request - General Services - Reforestation Project - $4,500. b. Direct staff to commence proceedings to convey tax forfeited property to adjacent property owners - Pine Knoll - Lot 8, Block 6. c. Approve a request to attend schools and conferences - Fire Department. d. Approve probationary appointment of firemen - Jeff Entner, Mark Fischbach. e. Approve request for Payment No. 2 - Northwest Asphalt - Project 87-16 $32,844.97. f. Approve capital outlay request - Administration - Blinds - $585.00. g. Approve preliminary LAWCON Grant Application. h. Approve payment of the bills as submitted. APIF, motion carried. 23. The Council tabled the appointment to the ALF Ambulance Board. 24. Mayor Akin reopened a hearing to consider the dismissal of Stan Whittingham. Attorney Grannis presented an agreement executed by Mr. Whittingham and his attorney which contained the provisions agreed upon by the Council. Councilmember Sprute stated that he had concerns about granting sick leave conversion severance. Mayor Akin stated that the Council had already agreed to the provisions and were merely finalizing the agreement. Motion by Akin, second by Kelly to approve the agreement and to make the payment with the next regularly scheduled payroll. Voting for: Kelly, Mayer, Akin. Against: Sprute. Motion carried. 25. Motion by Akin, second by Kelly to close the hearing. APIF, motion carried. 26. Motion by Akin, second by Kelly to proceed with the complaint against Stephen Doyle to the Lawyers Ethics Board regarding Mr. Doyle's allegations that the Council violated the State Open Meeting Law. (It was noted that the City could incur costs by proceeding with the complaint.) Voting for: Akin, Mayer, Kelly. Against: Sprute. Motion carried. 27. The Council next considered the process for hiring a Police Chief. The Council generally agreed with the recommendation of Acting Chief Siebenaler. Staff was directed to place the process in final form and present it at the next regular meeting. 28. Mayor Akin called a special meeting for June 27, 1988 at 7:00 P.M. to appoint a member to the Council. Councilmember Sprute stated that he could not make the meeting and that the Mayor was deliberately trying to exclude him from the process. (The meeting date was not changed.) 29. Motion by Akin, second by Sprute to adjourn at 11:30 P.M. carried. APIF, motion Respectfully submitted, ~?:r- City Administrator Approved // . ( - - /)