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HomeMy WebLinkAbout1990-02-26 , Regular Council Meeting AGENDA FebruiIry 26, 19!J8 7:31 O'Clack P..M. 1. A(Jpr~;;u of tile Minutes of FebruiIry 13, 1991. 2. Hearings: A. R~solution 9~-22, ordering project and establishing April l~, 199~, special assessment hearing for improvements to 5th Street NE from 5th A"~.nue NE to Shumway Avenue. B. R~solution 9~-23, ordering project and establishing April l~, 199flJ, 5Pecial assessment hearing for improvements to 3rd Street NE from 5th A"enue NE to St. Paul Avenue. C. R~solution 9flJ-24, ordering project and establishing April IflJ, 199flJ, special assessment hearing for improvements to 2nd Street NE from 3rd A"enue NE to Shumway Avenue. D. R~solution 9flJ-25, ordering project and establishing April l~, 199flJ, special assessment hearing for improvements to Division Street East from Mott Avenue to 6th Avenue NE. E. R~solution 9flJ-28, levying assessment for repair of curb stops at various locations within the City of Faribault. F. Resolution 9flJ-29, levying assessment over a five year period for removal of diseased elm trees. G. R~solution 9~-3flJ, levying assessment over a one year period for removal of diseased elm trees. H. R~solution 9flJ-31, levying assessment over a three year period for removal of diseased elm trees. ~ 3. Bids, e A. Vehicle bids. 1. Patrol Cars. 2. Water Department Pick-up. B. Resolution 9flJ-26, accepting bids for Contract 199~-1, Miscellaneous Cnncrete. C. Resolution 9flJ-27, accepting bids for Contract 199flJ-l, Miscellaneous Utilities. D. North Alexander Park lighting - Bids. E. Airport agricultural land lease - Quotes. 4. Requ~ts to be Heard: A. Faribault School District 656 - request for support of special legislation on date for referendum on override levy. 5. Items for Discussion: A. Fonner Bullpucky's License Request 1. Resolution 9~-32, amending Resolution 88-23flJ establishing on sale liquor license categories. 2. Application for On Sale Liquor License - Restaurant Classification -A & K, Incorporated. I B. pnnsion and Insurance Trust Report - 1. authorize 19913 lnsurC:lU~e t'rugram. 2. Receive and file 1989 Workers Compensation Report. C. !:;.nance Comnittee Report 1. Authorize Mayor and City Administrator to execute City/County Composting Brush Disposal Agreement. 2. Resolution 90-33, amending the Comnunity Management Program as it relates to land use and growth management. D. ~ersonnel Comni ttee Report 1. Ordinance 90-04, amending Chapter 14 of the Code of Ordinances as it pertains to cigarette sales, on first reading. E. O~dinance 90-03, approving trade of quit claim deeds to facilitate city street right-of-way and pri vate off-street parking development, on second reading. 6. Routine Business: A. B. C. I D. E. F. G. H. I. e ~1~rove list of bills in the amount of $1,010,383.83. Receive and file application for Gambling License Renewal - VFW Post #1562. Rocei ve and file application for Gambling License Renewal - Marine Corps League at Shamrock Bar, CUrve Bar, and Carol's Bar. R~eive and file application for Gambling License Renewal - Knights of Columbus. R~solution 90-34, restricting parking on Shumway Avenue from Matteson Street to 1,835 feet Southeast of 14th Street NE. Resolution 90-35, appointing Dan L. Behrens, Director of Engineering Services (City Engineer). Anthorize attendance to Public Safety Seminar, March 12-14, 1990. Receive and file contract amendments to Transit Agreement. Rpquest by Teamsters Local No. 320 (Pol ice and Records/Dispatch) to open contract negotiations for 1991 - refer to Personnel Comnittee. Regular Council Meeting of February 26, 199B ~I The Council of the City of Faribault met in regular session in the Council Chambers of City Hall on Tuesday, February 26, 199B, at 7:3B O'Clock p.m. The meeting \I'as called to order by President Pro Tem Kindseth. On roll call those present ~'ere: Councilmembers Hanscom, Me illi er , Rice, Waarvik, and President Kindseth. Also present were: Ci ty Administrator patr ick Hentges, Execut i ve Secretary/Office Manager Linda Tousignant, Director of Finance & Planning Dale Martinsor, Director of Public Works Brian Wagstrom, City Planner John Jensvold, Director of Public Safety Geoff Smith, and Director of Engineering Dan Behrens. CouncilmE':llJber Erickson and Mayor Purdie were absent. e . . Cour~ilmember Waarvik moved to approve the minutes of February 13, 199B. Motion wc'~ seconded by Councilmember Rice and adopted unanimously. Pre~ident Kindseth indicated there was a request from the School Board to hear !tel[' 4.A first on the agenda. Councilmember Rice moved to waive Rule 6 and hear IteIr 4.A first. Motion was seconded by Councilmember Hanscom and adopted unanimous~ly . Did- Hanson, representing the Faribault School Board, came before the Council asking for the Council's support of special legislation which would allow thn School District to hold a spring referendum on the override levy. Without the special legislation the School would have to wait until next fall because of a one year moratorium. He noted he was not looking for support of the override levy just the petitioning of special legislation to allow it. He noted thC\t other cities have requested a second levy. There was discussion regardinr the impact of the levy being passed in the spring rather than November. Mr. HansC'o stated it would make it easier when planning the budget if the vote on the le''Y was in the spring. The Administrator pointed out that there are many election amendments currently before the legislature which is geared towards having ell elections in November. After much discussion and comnents, CouncilmpJDber Rice moved to authorize the sul:mission of a letter to the legislature supporting the special legislation. Motion was seconded by CouncilmpJDber Meillier and adopted unanimously. The City Administrator generally explained that on Items 2.A-D this would be the first of two hearings held. The projects were either initiated by petition of adjacent property owners or by the city. He went over the City's program to improve streets in a certain area of the city at a time. If the project is ordered by the Council tonight, then on April lBth the assessment hearing will be held. The cost of the improvements per front foot is established at the b~inning of each year and is the same for all improvements done that year . Tl"~ established rate for 199B is $4B. 22 per front foot. A pl,blic hearing was held on proposed improvements to 5th Street NE from 5th Avenl'e NE to Shumway Avenue. The City Administrator went over the proposed project roting it was a city initiated project. Twenty boulevard parking spaces would be constructed in conjunction with the project and would be paid for by the State Deaf Academy. Total project cost is approximately $7B,BBB with a City share of about $lB,BBB. Faye Allen, 525 NE 5th Street, was present and voiced problems getting in and out of her driveway because of all the cars parked in front of her house. She asked if on-campus parking for the Deaf Academy could . e . . be included in the project and if the sidewalk in front of her house could be eliminated. She stated the sidewalk was rarely used and was an expense for her to keep it clean in the winter. The City Administrator indicated the boulevard parking that is planned is a result of discussions with the Deaf Academy about the park.~,ng problem in the area. He also asked the Academy to have the buses pick up and drop off students on campus rather than in front of Ms. Allen's house. ~'o;. Allen doesn't want cars parking in front of her house and feels the parking should be on campus. There was discussion regarding the design of the boulevaro parking. The Administrator clarified that the Academy will be paying the cost of the boulevard parking as well as the street assessment. The Deaf Academy will also be constructing additional parking on campus in addition to the boul~vard parking to accommodate their employees. Arnold Madow stated his support for no boulevard parking. Harnie Luknic, adjacent property owner, also stated her opposition to boulevard parking and pointed out that they have many cars par~~ed in front of their house each day. She asked about the plan to construct: a parking lot on campus a few years back. The City Engineer suggested further neetings with state officials and residents be held to discuss parking alternatives. He indicated the boulevard parking could be an "add alternate" to the project in anticipation that the parking problem would be worked out by the time the April 10th assessment hearing is held. After much discussion and comments, Councilmember Rice moved for the adoption of Resolution 90-22, ordering project and establishing April 10, 1990, special assessment hearing for improvem~nts to 5th Street NE from 5th Avenue NE to Shumway Avenue, with boulevaro parking being an "add alternate". Motion was seconded by Councilmember Hanscom and adopted unanimously. A pnblic hearing was held on proposed improvements to 3rd Street NE from 5th Avenue NE to St. Paul Avenue. The City Administrator indicated this is a city initiated project and briefly went over the proposed improvements. He noted ten water services will have to be fixed along with some sidewalk rehabilitation. Seven property owners will be receiving a curb & gutter credit because the existing curb & gutter is in good condition. Total project cost is estimated at $75,0i0 with 24 properties being assessed. Arnold Madow asked if there could be some coordination with NSP and the Phone Company for any improvements they may need to make to prevent the new street from being tore up by them. The City Engineer indicated they had been notified. Alice Kvale asked what she needed to do tC' get her entire sidewalk replaced. There was discussion regarding sidewalk replacement and installation. After discussion and comments, Councilmf'1llber Waarvik moved for the adoption of Resolution 90-23, ordering project and establishing April 10, 1990, special assessment hearing for improvemf''lts to 3rd Street NE from 5th Avenue NE to St. Paul Avenue. Motion was seconded by Councilmember Hanscom and adopted unanilOOusly. A pl,blic hearing was held on improvements to 2nd Street NE from 3rd Avenue NE to Shumway Avenue. The City Administrator explained this is a city initiated project. Estimated project cost is $139,000 with 39 properties being assessed. There are; 25 lead water services that will also need to be replaced. Steve Ecker asked about the cost of water service replacement and about parking restrictions. He indicated that because of restrictions on Shumway they have people parking on their street waiting to pick up their kids. Don Davidson feels because the traffic is minimal, the road doesn't need to be replaced at this time. The City Engineer pointed out that major work was done on that road in 1972 because of 2 . e . . erosion problems and due to the grade of the road it is very important to keep the street in good condition to handle the water that runs off down the hill. Doug Martin indicated he has his house for sale and asked who would be responsible for payment of the assessments, him or the buyer. The Administrator indicated that as soon as the project is ordered it is considered an active assessment and who pays for the assessment is something that he needs to negotiat~ with his buyer. After much discussion, Councilmember Hanscom moved for the adoption of Resolution 9~-24, ordering project and establishing April l~, 199~, special assessment hearing for improvements to 2nd Street NE from 3rd Avenue NT: to Shumway Avenue. Motion was seconded by Councilmember Meillier and adopted nnanimously. A p,blic hearing was held on the proposed improvements to Division Street East fron Mott Avenue to 6th Avenue NE. The City Administrator went over the proposed project and indicated it was a city initiated project. Total cost is estimaterl at $6~,~~~ with nine properties proposed to be assessed. There will be a $25,~~~ city share which includes a special assessment for park property. Bill Bon'ege, adjacent property owner, asked about the width of the street and why St. Lucas was being assessed for only l~~ feet. The Administrator explained that st. Lucas paid a full assessment for frontages on the other two other sides of their property, therefore, they are getting a corner lot credit on this side. Mr. Borwege pointed out that there was a steam tunnel under the street which the City Engineer stated he was aware of. There was discussion relating to parking for St. Lucas and the Administrator explained that st. Lucas is planning to construct off-street parking off Institute place as well as an expansion to their building. Mrs. Borwege stated her concem that if the St. Lucas project goes forth the-.:e will be delivery trucks going in and out directly in front of their house on a daily basis. Staff explained to her that the St. Lucas expansion project will be going before the Planning comnission and that she should address those concerns to the Comnission at that time. The City Engineer did indicate that additional pavement was being incorporated on that street project to accomnodnte the additional traffic which may be generated. After much discussion and comnents, Councilmember Waarvik moved for the adoption of Resolution 9~-25, ordering project and establishing April l~, 199~, special assessment hearing for improvem~nts to Division Street East from Mott Avenue to 6th Avenue NE. Motion was seconded by Councilmember Rice and adopted unanimously. The City Administrator read the following to those present stating the procedur~ to follow if they wish to appeal their assessment: "Property owners wishing to appeal this proposed assessment may do 50 by filing a written objection with the City Administrator prior to the assessment hearing or by objectinr to such assessment in writing to the Mayor at the assessment hearing. Any person who has filed such written objection may appeal his assessment to District Court pursuant to Minnesota Statutes, Section 429.~8l by serving notice of appeal upon the Mayor or Administrator of the City within thirty days after adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Administrator. A public hearing was held on the levying of special assessments for the repair of curb stops at various locations throughout the city. Three properties are propcr,;ed to be assessed over a three period year at a ~ .5% rate of interest. No one present wished to be heard. Councilmember Waarvik moved for the adoption 3 . e . e of Resolution 91iJ-28, levying assessment for repair of curb stops at various locationF within the City of Faribault. Motion was seconded by Councilmember Hanscom c-nd adopted unanimously. A p~~lic hearing was held on the levying of special assessments for the removal cf diseased elm trees in the city. The City Administrator explained that Resoluticn 91iJ-29 spreads the assessment over a five year period because the amount OlITing is over $51iJ1iJ. Two properties are proposed to be assessed and the rate of interest would be llJ .5%. No one present wished to be heard. Councilmrntber Hanscom moved for the adoption of Resolution 91iJ-29, levying assessmert over a five year per iod for removal of diseased elm trees. Motion was secorlied by Councilmember Meillier: and adopted unanimously. A p~~lic hearing was held on the levying of special assessments for the removal of diseased elm trees in the city. The assessment will affect three properties and will be spread over: a one year period as the amount owing is less than $21iJ~. The rate of interest would be lliJ.5%. No one present wished to be heard. Councilmember Rice moved for the adoption of Resolution 91iJ-31iJ, levying assessment over a one year period for removal of diseased elm trees. Motion was seconded by Councilmember Waarvik and adopted unanimously. A pnblic hearing was held on the levying of special assessments for the removal ~~ diseased elm trees in the city. Resolution 91iJ-3l proposes to assess two prope;r.ties over a three year period as the amount owing is from $21iJ1iJ to $51iJ1iJ. The rate of interest would be 10.5%. No one present wished to be heard. Councilmm1ber Rice moved for the adoption of Resolution 91iJ-3l, levying assessment over a three year period for removal of diseased elm trees. Motion was seconded by Councilmember Hanscom and adopted unanimously. The Director of Public Works reported that bids were solicited for the purchase of three squad cars for Public Safety and a pickup for the Water Division. Bids were received from R.C. Bliss and Steffens Chev-Buick. R.C. Bliss sul:'"litted the low bid for the patrol cars in the amount of $42,585 and for the pickup in the amount of $11iJ,101iJ. Cars will be 1991 models. Staff recomnends acceptan~e of the low bid for both purchases. Councilmember Rice moved to accept the low l'id of R.C. Bliss in the amount of $42,585.1iJ1iJ for the purchase of three patrol cars. Motion was seconded by Councilmember Hanscom and adopted unanimoW" 1 y . Councilmember Waarvik moved to accept the low bid of R.C. Bliss in the amount of $11iJ,11iJ1iJ.1iJ1iJ for the purchase of a pickup for the Water Division. Motion was seconded by Councilmember Hanscom and adopted unanimously. The Director of Public Works stated three bids were received for miscellaneous concrete work. Kaiser Construction Company was the low bid in the amount of $29,615. 1iJ1iJ. Staff recomnends award to the low bidder. Councilmember Waarvik moved for the adoption of Resolution 91iJ-26, accepting bid of Kaiser Construction in the amount of $29,6l5.1iJ0 for Contract 1991iJ-l, Miscellaneous Concrete. Motion was seconded by Councilmember Hanscom and adopted unanimously. 4 . e . e The Director of Public Works indicated two bids were received for miscellareous utility work for 1990. Faribo Plumbing & Heating submitted the low bid end staff recomnends acceptance of that bid. Councilmember Rice moved for the a1ioption of Resolution 90-27, accepting bid of Faribo Plumbing & Heating, Inc. in the amount of $39,235.00 for Contract 1990-1, Miscellaneous Utilities. Motion WeS seconded by Councilmember Hanscom and adopted unanimously. The Director of Public Works reported bids were received for the lighting of softbcll fields 5,6, & 7 in North Alexander Park. Lighting of those fields were outlined in the North Alexander Park Master Plan. During the bidding process it was brought to the City's attention that the present switching system would no~, be able to handle the additional lighting or any other future improvements. Replacement of the switch gear is approximately $16,000 which brings tt~ total project over what was budgeted. The Director suggests using $10,000 approved for the heating conversion at the Comnunity Center and the Public WOl:ks operating budget to fund replacement of the switch gear. The Center heating system could be looked at in conjunction with the library project. Sterling Electric was the low bidder for the lighting and switch gear replacement. The Administrator noted that lighting of those fields is part of a long term plan to el iminate field #4 and turn that into parking. He explained that as the improvements outlined in the Master Plan are undertaken there may be instar.ces where they will be under or over budget but hopefully they will all even out in the end. The Softball Association is planning to fund an irrigation project cn those fields next year. After discussion and conments, Councilmember Rice movoo to accept the low bid of Sterling Electric for lighting fixtures in the amount of $21,582.00 and switch gear replacement in the amount of $16,101.00 and to authorize transfer of $10,000 designated for heating replacement to be used for replacement of switch gear. Motion was seconded by Councilmember Hanscom and adopted unanimously. The Director of Public Works reported bids were solicited for the two-year lease of 142 acres of farm land at the Municipal Airport. Two bids were received from Johr Schulz and Mike Krenske. Mr. Schulz submitted the high bid in the amount of. $90.50 per acre for a total of $12,856.43. He noted the bid was up from the last few years ($67.4l/acre for 1988/89). Staff recomnends acceptance of the two year contract with John Schulz. After discussion and comnents, CouncilmE'"Jllber Waarvik moved to accept the bid of John Schulz in the amount of $90.50/ar:re for the two-year lease of 142 acres of fann land at the Municipal Airport. Motion was seconded by Councilmember Meillier and adopted unanimously. The City Administrator reported on the request from A & K, Inc. for an on sale liquor license. He explained that Resolution 9rt}-32 would amend Resolution 88-230 wl'ich established on sale license categories. As proposed, A & K, Inc. would be designated under the Restaurant Classification. The application from A & K is in order with the exception of a tax certificate. Currently there are delinquent taxes on the property and according to the purchase agreement A & K will pay the taxes as part of the closing. He noted this is not a normal del inquer~y as the property went through foreclosure proceedings. Staff would recomneno reservation or issuance of the license upon payment of the taxes. He pointed out the EDA has a redevelopment agreement on the property and that agreement: will be amended accordingly. The EDA agreed in concept to the addendum and will approve it at their Thursday meeting. A & K, Inc. representatives, Ken 5 . e . . Steele a"'d Al Staples were present. Members of the Council expressed their enthusia~ for the project. After comments and discussion, Councinnember Rice moved for the adoption of Resolution 90-32, amending Resolution 88-230 establishing on sale liquor license categories. Motion was seconded by CouncinnrmIDer Meillier and adopted unanimously. Councilmfmlber Waarvik moved to approve issuance of an on sale license, restaurant classification, to A & K, Inc. upon receipt of certification that the real estate taxes arl~ paid and up-to-date. Motion was seconded by Councilmember Rice and adopted unanimously. The Director of Finance indicated the Pension & Insurance Trust Committee reviewed the proposed insurance program for 1990. The premium increased over 1989 by 1.8% or $3,000 for 1990. The Committee is recommending the continuance of the "l'igh deductible program" which the city has used since 1988. They also recommend the replacement of the Sheriffs Star Pool carrier for false arrest liability coverage with the Illinois Insurance Exchange and rejection of inverse condemnation coverage and an excess liability policy. He noted the City received a $53,38''.J dividend from the LMCIT for 1989. After discussion and comments, Councilmember Waarvik moved to approve the 1990 insurance program as outlined. Motion was seconded by Councinnember Meillier and adopted unanimously. Councilmember Meillier reported the Pension & Insurance Trust Committee reviewed past and existing claims as well as the year-end report. Total claims for the year were $66,546 but interest earned on the fund was enough to offset those claims. The fund resulted in an ending cash balance of $1.19 million, thereforn meeting the million dollar balance required. The Committee recommends no additional contributions to the fund for 1990. Councilmember Meillier moved to receh'~ and file the 1989 Workers Compensation Report. Motion was seconded by Councilmember Waarvik and adopted unanimously. Councilmember Rice reported for the Finance Committee regarding a composting agreement with Rice County. She went over the proposed agreement and noted that the use of the County's brush chipper will be added to the list of County's obligations. Residents will be bringing their brush and leaves to the Wastewater Treatment Plant rather than the viaduct. From Apri 1 through October yard waste will be accepted on Wednesdays and Saturdays. The County will provide $3,500 to hire a monitor to supervise the site. The Committee recommends approval of the agrePlRent. After brief discussion, Councilmember Rice moved to authorize the Mayor and City Administrator to execute City/County Composting Brush Disposal Agreement. Motion was seconded by Councilmember Hansrom and adopted unanimously. The City Planner reported on the land use policy plan developed by the Planning Commission and City Staff. The plan addresses the next ten years and would rer1ace the existing sections in the Community Management Program devoted to land l'-:;e and growth management. Resolution 90-33 would represent the City's current rolicy position with regard to land use planning. The Finance Committee reviewed the plan and also provided input which would better define the policy position. After brief discussion, Councilmember Hanscom moved for the adoption of Resolution 90-33, amending the Community Management Program as it relates to land use and growth management. Motion was seconded by Councilmember Rice and adopted unanimously. 6 . e . e Councilmember Waarvik reported for the Personnel Committee regarding restriction of cigarette vending machines. The Committee did meet with Scott Amundson of C & S Vending in an attempt to come up restrictions that would not penalize his business but still provide control of cigarette vending sales. Ordinanoo 9riJ-riJ4 would restrict the placement of cigarette vending machines but would not ban them. The ordinance will also make it illegal for minors to purchase cigarett~s as well as making it illegal to sell them to minors. He went over the placement restrictions. He noted that the State is currently looking at legislation regulating placement of cigarette vending machines which would override all ordinances passed by cities. In essence the legislation is going to prevent cities f)"om placing a total ban on cigarette machines. There was much discussion about the proposed placement of machines. Councilmembers Rice and Kindseth did not feel the ordinance was restrictive enough. They also talked about including electronic machines as an allowable option. After much discussion and comments, Councilmpmber Waarvik moved to pass Ordinance 9riJ-riJ4, amending Chapter 14 of the Code of Ordinances as it pertains to cigarette sales, on first reading, with amendments to be made on second reading. Motion was seconded by Councilmember Meillier and upon roll call: "Aye" - CouncHmembers Hanscom, Meillier, Rice and Waarvik. "Nay" - President Kindseth. Motion carried. Councilmember Waarvik moved to pass Ordinance 9riJ-riJ3, approving trade of quit claim deeds to facilitate city street right-of-way and private off-street parking developm~nt, on second reading. Motion was seconded by Councilmember Meillier and upon roll call adopted unanimously. CouncilmPnlber Waarvik moved to approve the following under Routine Business: A. Approve list of bills in the amount of $1,riJ1riJ,383.83. B. Rec~ive and file application for Gambling License Renewal - VFW Post #1562. C. Receive and file application for Gambling License Renewal - Marine Corps Lear1le at Shamrock Bar, CUrve Bar, and Carol' s Bar. D. Receive and file application for Gambling License Renewal - Knights of COl1'llnbUS . E. ResC'lution 90-34, restricting parking on Shumway Avenue from Matteson Street to 1,835 feet Southeast of 14th Street NE. F. ResC'lution 9riJ-35, appointing Dan L. Behrens, Director of Engineering Services (City Engineer). G. Authuize attendance to Public Safety Seminar, March U-14, 1990. H. Rec~ive and file contract amendments to Transit Agreement. I. Request by Teamsters Local No. 32riJ (Pol ice and Records/Dispatch) to open contract negotiations for 1991 - refer to Personnel Committee. G. Approve issuance of On Sale 3.2 Beer License for Bethlehem Academy. H. Approve issuance of Temporary Wine Sale License for Bethlehem Academy. Motion wC':s seconded by Councilmember Meillier and adopted unanimously. Counci1member Hanscom moved to adjourn at 10:riJriJ p.m. unanimoUF ly . Motion was adopted ~U~y" su d.bnitt:~ /-"" ? /j - -v-~ OIJM41Y~' Linda Tousignant Executive Secretary/Office Manager 7