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HomeMy WebLinkAbout1990-12-11 - - e AGENDA Special Counell Meeting December 11. 1990 7:00 O'Qock P.M. 1. Approval of the Minutes: None. 2 Hearings~ A Continuation of 1991 Levy and Budget Hearing 1. Resolution 90-188, levying a tax on the taxable property of the City of Faribault, Rice County, Minnesota for the fiscal year 1991. 2. Resolution 90-189, adopting 1991 budget and establishing fund appropriations. 3. Resolution 90-190, approving 1991 Faribault Housing and Redevelopment Authority property tax levy. 4. Resolution 90-191, awarding the sale of $125,000 General Obligation Taxable Equipment Certificate of 1990. 3. Bids: N('~e. 4. Requests to 1'~ Heard: None. S. Items for Dis-mssion: None. 6. Routine Business: None. e Special Council Meeting of December 11, 1990 The Co"1ncil of the City of Fanbault met in special session in the Council Chambers of City Hall on Tuesday, December 11, 1990, at 7:00 O'Qock p.m. The meeting was called to or1er by Mayor Purdie. On roll call those present were: Councilmembers Kindseth, ~ 1:eillier, Rice, and Mayor Purdie. Also present were: Acting City Administrat,r Steve Griesert, Executive Secretary Unda Tousignant, Director of Finance & Planning Dale Martinson, Director of Public Safety Geoff Smith, and Director of Public Works Brian Wagstrom. Councilmembers Hanscom and Waarvik arrived after roll call. e The pUl~lic hearing was continued from the December 11, 1990, special meeting on the propose 11991 budget. The Director of Finance and Planning went over Resolutions 90-188,90-189,90-190, and 90-191. He noted Resolution 90-188 levies the tax for 1991, Resolution 90-189 adopts the 1991 budget and establishes fund appropriations, Resolution 90-190 approves the Faribault HRA levy for 1991, and Resolution 90-191 awards the sale of $125,000 general obligation taxable equipment certificates for 1990. A street swt'~per and plow truck is proposed to be funded through the certificates. The City will be borrowing the $125,000.00 from the Worker's Compensation fund and will reimburse that fund over the next five years. Mike Deutsch, a member in the audience, asked for a $300,000 cut of the 1991 budget. He felt the amount budgeted for the city attorney wa~ too much. Councilmember Meillier explained the City Attorney handles both corporation counsel matters as well as criminal prosecution matters. Discussion about the city attorney wages followed. After much discussion, Councilmember Rice moved for the adoption of Resolution 90-188, leV)ing a tax on the taxable property of the City of Faribault, Rice County, Minnesota f'1r the fiscal year 1991. Motion was seconded by Councilmember Kindseth and adopted unanimously. Council "'lember Kindseth moved for the adoption of Resolution 90-189, adopting 1991 budget and establishing fund appropriations. Motion was seconded by Councilmember Meillier and adopted unanimously. Mike Deutsch asked about the fund appropriations. The Director of Finance gave him copy of resolution and Councilmember Kindseth explained the seven operating funds and their purpose. He indicated Oty Staff would go over the resolution with him in more detail if he wished. Council"'lember Rice moved for the adoption of Resolution 90-190, approving 1991 Fanbault PQusing and Redevelopment Authority property tax levy. Motion was seconded by Councilmember Hanscom and adopted unanimously. Mike Deutsch asked if this inc1ud ~d the MURL Program and the Acting Administrator indicated that program is funded by the State of Minnesota and those funds are kept separate. e e Council'""lember Hanscom moved for the adoption of Resolution 90-191, awarding the sale of $125,000 General Obligation Taxable Equipment Certificate of 1990. Motion was second~d by Councilmember Waarvik and adopted unanimously. Council'""lember Kindseth moved to close the public hearing and adjourn at 7:30 p.m. Motion was adopted unanimously. Respectfully submitted, ~~ Unda Tousignant Executive Secretary e e e e e AGENDA Regular Counc:~ Meeting December 11, 1990 7:30 O'Clock P.M. 1. Approva' of the Minutes of Special and Regular Meeting of November 27, 1990. 2 Hearings~ A Resolution 90-192. approving a variance to allow an electronic "reader board" sign in a C2-Highway Commercial district, requested by Gasolina Company. B. Resolution 90-193. amending a conditional use permit pertaining to the residential planted unit development of Block 16, Original Town (former Central School site), submitted by Reineke-Heselton. C. Ordillance 90-22. rezoning an area from C2-Highway Commercial to C1- Neigltborhood Commercial at 10th Street SW and Willow Street, on first reading. D. Resdution 90-194. approving a setback variance to allow the frontyard enclosure of a handicap ramp at St Lawrence Church, 2nd Avenue NW. E. Ordi"'ance 90-23. approving a sign franchise for placement of a commercial identification sign on the public boulevard at Cashin's Comer Plaza, on first reading. F. Res(J lution 90-195. approving the 2nd Replat of the Dokken-Wright Addition, subrritted by Stephen Dokken. 3. Bids: None. A Seasonal Bids 1. Refuse 2. E"~ctrical 3. G1emicals 4. Requests to 1'~ Heard: None. S. Items for Dis~ion: A Requ~st for issuance of on sale 3.2 beer license and on sale wine license - Nelson's Super Valu - Flashback. e e e S. Items for D~~rmssion Continued: B. Resr.ind on sale liquor license transfer from Denny's Bar, Inc. to Schmidtke's Bar, Inc. C. Req"rest for issuance of on sale liquor license, Exclusive Liquor Store Classification, at 314 Central Avenue, to Schmidtke's Bar, Inc. D. On f~le Liquor License Renewals 1. Lavender Inn 2. Modem Bar 3. Shamrock Bar E. Off Sale Liquor License Renewals 1. Hunt's Bar dba Ginty's Liquor 2. Bauer's Southside Liquor 3. Tower Liquor 4. Duffs Faribo Liquor F. Refu~~ License Renewals 1. Voegele Sanitation G. Finance Committee Report 1. ETP Program - approval of taxi rates and taxi company participation. 2. Resolution 90-196, approval of River Bend Nature Center Building Contract with the State of Minnesota. H. Ordinance 90-16, rezoning former Shaffer's Motel property from C2-Highway Commercial to R4-High Density Residential, requested by Chris Meyering, on second readhg. I. Reso~ntion 90-197, declaring property at 964 Willow Street (formerly Toad's Liquor) as ha""ardous and substandard within the meaning of Minnesota Statutes 463.15, Subd. 3. 6. Routine Busbess: A Approve list of bills in the amount of $116,443.45. B. Resolution 90-198, declaring intent to issue bonds for capital improvement construction costs. C. Recejve and file Heritage Preservation Commission 1990 Annual Report and 1991 Goals, - e e Regular Council Meeting of December 11, 1990 The CC'nncil of the City of Fanbault met in regular session in the Council Chambers of City Hall (''1 Tuesday, November 11, 1990, at 7:30 O'Clock p.m. The meeting was called to order by 1 'Jayor Purdie. On roll call those present were: Councilmembers Hanscom, Kindseth, Meillier, Rice, Waarvik and Mayor Purdie. Also present were: Acting City Administrato'" Steve Griesert, Executive Secretary Unda Tousignant, Director of Finance & Planning Dale Martinson, Director of Public Safety Geoff Smith, ad Director of Public Works Briar Wagstrom and Planning Assistant Michael O'Connell. Councilmember Erickson arrived after roll call. Counci'member Meillier moved to approve the minutes of the November 27, 1990, Special Meeting and the November 27, 1990, regular meeting. Motion was seconded by Councilmemher Hanscom and adopted unanimously. A public hearing was held on the request for a sign variance by the Gasolina Corporation to install an electronic reader board. The Acting Administrator explained that Gasolina wisl'~s to add an electronic reader board sign to their existing sign at the Gasolina Station at H;mway 60 and Interstate 35. The sign is similar to the "McStop" sign in Lakeville but smaller. He noted the Planning Commission reviewed the request and voted 5-2 in favor o~ the variance. Patrick Kritzer, representing Gasolina Corporation, was present and explained the sign would be programmed for time, temperature, gas and diesel prices, and other commercial messages for adjacent businesses. They also intend to display messages for specific community events. He noted these signs are not exclusive to metro areas. There was discussion about the size of the sign, and it's impact on the community. He indicated the sign will face south only. Mr. Kritzer indicated weather permitting the sign could be con~1:ructed within six weeks to two months. Councilmember Kindseth expressed concern that the city's sign ordinance did not address this type of sign. He would like to see the ordinanc(~ modified to allow for this type of sign under certain criteria. Discussion followed abo,,,t tabling this item until the next council meeting so staff can look at other ordinances d~aling with these types of signs and see how this sign fits the criteria. The Council would like to see an ordinance drafted addressing this issue rather than going through the variance process. After discussion and comments, Councilmember Kindseth moved to tal:l~ Resolution 90-192, request for a variance to allow an electronic "reader board" sign in a C2-Highway Commercial district, requested by Gasolina Company, to the December 1f. 1990, meeting. Motion was adopted unanimously. A pubVc hearing was held on the request for a conditional use permit amendment from Reineke-Heselton as it pertains to the Park Central Apartment project. The Acting City Administrator explained that in 1989 the City Council approved a conditional use permit and tl'~ developers are now requesting a change. There will be 72 units rather than 81 units due to a change in FmHA financing guidelines. They wish to construct three building units of 24 rather than one large unit. One building will be constructed immediately with the othe'" two being phased in. The new proposal will not include congregate dinning because of FmHA guidelines. Councilmember Rice expressed concern that there will not be congregatl~ dining. It was noted that prior to construction of the other two units they would have to be approved by the City Council and reviewed by the Planning Commission. e e e Bill Anderson, an adjacent property owner, indicated the neighborhood wished the property could be ret1'ined as a park but they would not oppose the project. Councilmember Kindseth askf~d Mr. Reineke about the landscaping plan for the site. Mr. Reineke indicated FmHA will o-uy finance a portion of the landscaping but the developers intend to maintain the undeve1c ped portion as a grass area that will be kept up and mowed. Discussion followed regarding the interpretation in the PUD as to what "site" means. The Council interprets thr. "site" to mean the entire block and that the undeveloped portion should be sodded. Mer much discussion and comments, Councilmember Hanscom moved for the adoption of Resolution 90-193, amending a conditional use permit pertaining to the residential pl"'nned unit development of Block 16, Original Town (former Central School site), submitt~d by Reineke-Heselton. Motion was reconded by Councilmember Waarvik and adopted unanimously. A pubFc hearing was held on rezoning of an area from C2-Highway Commercial to CI-Neighbor'1Ood Commercial at 10th Street SW and Willow Street. The Planning Assistant reported the request for rezoning from the Planning Commission is the result of the City Councirs re~'uest at a previous meeting for the Commission to look at this issue. The Planning Coll1mission held a public hearing and had no opposition and therefore unanimously recommends the rezoning. Dick Donahue, owner of Donahue Gardens was present and (1Uestioned the need for downzoning. He's concerned the rezoning will further restrict the l'''I.e of his property. He would like to see it remain C-2. Councilmember Waarvik expl "'ined the difference between Cl and C2. Councilmember Rice explained that Willow Street is no longer the main commercial area of the City and the rezoning is a better match to the adjacent residential zoning. Mer discussion and comments, Councilmember Waarvik moved to pass Ordinance 90-22, rezoning an area from C2-Highway Commercial to Cl- NeighlJorhood Commercial at 10th Street SW and Willow Street, on first reading. Motion was ~econded by Councilmember Rice and upon roll call adopted unanimously. A publin. hearing was held on the request for a variance by St. Lawrence Church. The Planning Assistant indicated St. Lawrence Church wishes to construct an enclosure over their handicap ramp on the north side of the church. The purpose of the structure is to protect the ramp frO'll snow and ice in the winter making it safer for those using it. Father Tim Morin was present and indicated the Catholic Churches in Faribault were going to hold a meeting to ciscuss expansion of the St. Lawrence Church which would include a new principle entrance on the east side. Councilmember Hanscom moved for the adoption of Resolution 91-194, approving a setback variance to allow the frontyard enclosure of a handicap rarp at St. Lawrence Church, 2nd Avenue NW. Motion was seconded by Councilmeml'~r Meillier and adopted unanimously. A publi~ hearing was held on the request for a sign franchise by Cashin's Comer Plaza. The Director of Finance and Planning went over the request noting that the existing sign is just a temporary sign. The Planning Commission reviewed the request and recommended approval. Tb~ Commission noted that when Mr. Cashin quit claimed property to the City for the rede~ign of the 8th Avenue and 9th Avenue NW intersection it eliminated that comer as an option for signage. Councilmembers discussed the matter of vision clearance 2 e problems anc the Planning Assistant indicated the City Engineer has looked at the proposed sign location and did not believe it to cause sight problems. Councilmember Rice moved to pass Ord:..tance 90-23, approving a sign franchise for placement of a commercial identification sign on the public boulevard at Cashin's Comer Plaza, on first reading. Motion was seconded by Councilmember Waarvik and upon roll call adopted unanimously. A public hearing was held on the request for a replat of the Dokken-Wright Addition by Steve Dol"ken. The Acting City Administrator went over the request indicating it was prompted by the potential sale of lots 1-3 and 5. The replat calls for the vacation of 10th Avenue which would eliminate the potential for a connection to Ravine Street at some point in the future. The Planning Commission reviewed the request and recommended denial of the replat He noted that in January the Planning Commission intends to study the entire area and sub"'lit recommendations to the Council. Discussion followed regarding the road extension and the need to keep that option available. Councilmember Waarvik moved to deny Resolu~ion 90-195, approving the 2nd Replat of the Dokken-Wright Addition, submitted by Stephen Dokken. Motion was seconded by Councilmember Kindseth and adopted unanimously. e The Director of Public Works reported on the seasonal bids received. Three bids were received for refuse collection with Bauer Disposal submitting the low bid. Staff recommends acceptance o~ the low bid. Councilmember Rice moved to accept low bid of Bauer Disposal in the amount of $7,670.00 for 1991 refuse collection. Motion was seconded by Councilmember Hanscom and adopted unanimously. The Di-~ctor of Public Works indicated two bids were received for electrical services. Cedar Lake Electric was the low bidder and staff recommends acceptance of that bid. Councilmeml'~r Waarvik moved to accept low bid of Cedar Lake Electric at a rate of $21.50 per hour. M'1tion was seconded by Councilmember Meillier and adopted unanimously. The Director of Public Works went over the chemical bids for both the water and sewer divisions. Staff recommends award to the low bid and outlined the low bid on each chemical. Ttere was some discussion about bidding of the chemicals as a package and use of the I-ton chlorine at the pool. After discussion and comments, Councilmember Waarvik moved to aceept the low bids as follows: Feed Rite Controls for Hydrofluosilicic Acid, Chlorine (150 lb.) Calcium Hypochlorite Tablets, Anhydrous Ammonia, and Sewer Cleaner; and to ope Industries for Chlorine (I-Ton Containers). Motion was seconded by Councilmeml'~r Hanscom and adopted unanimously. The Ac.ting Administrator indicated all necessary documents have been received on the request for a wine license and on sale 3.2 beer license for Nelson's Super Valu restaurant, Fashback. He noted that there is no conflict with Nelson's holding an off sale 3.2 beer licer~e also. Councilmember Waarvik moved to approve issuance of on sale 3.2 beer license and on sale wine license for Nelson's Super Valu Flashback Restaurant. Motion was seconded by Councilmember Kindseth and adopted unanimously. e 3 e The Acting Administrator reported on the request to rescind the Council's previous action transf~rring the on sale liquor license held by Denny's Bar, Inc. to Schmidtke's Bar Inc. He not~d letter indicating the sale did not materialize. All bonds and insurance for Denny's Bar are currently in effect Corporation Counsel requested the Council rescind the transfer. Co'mcilmember Rice moved to rescind the on sale liquor license transfer from Denny's Bar, Inc. to Schmidtke's Bar, Inc. Motion was seconded by Councilmember Hanscom and adopted unanimously. e The Ac.ting Administrator explained there is a request from Schmidtke's Bar, Inc. for an on sale liquor license under the exclusive liquor store classification. He indicated that the previous liquor license that was at that location was not renewed a couple of years ago and the license was returned to the city. There are currently two licenses on the shelf under the bowling alley or hotel classification. Bill Anderson, realtor handling the sale of the building, ind:,~ted that since the fire in the building many improvements have been made. He indicated that Mr. Schmidtke intends to serve food as well as liquor and that the barber shop is still o'1erating. The Council questioned the need for another exclusive liquor store on Central Avenue. Councilmember Erickson emphasized the purpose of classifying the licenses and questioned need to change the classification. Mr. and Mrs. Schmidtke were present and illdicated they would be serving food and liquor and have live entertainment a couple times per month. Councilmember Meillier does not feel the plan is unique to show the need to r~classify the existing licenses. Mter much discussion, Councilmember Meillier moved to de,y the request for issuance of on sale liquor license, Exclusive Liquor Store Classification., at 314 Central Avenue, to Schmidtke's Bar, Inc. Motion was seconded by Councilmember Erickson and adopted unanimously. The Ex~cutive Secretary reported on the renewal of three on sale liquor licenses. She noted the applications for the Lavender Inn, Modem Bar, and Shamrock Bar were in order for approval and that the Department of Public Safety reported no liquor violations. Councilmember Kindseth asked about the Rails Restaurant and their indication that they will not submit their application until the last meeting in January. The Executive Secretary explained they were having financial difficulties and were unable to file their renewal until that time. The Council expressed the desire to have the renewal in order for the next meeting. Councilmember Waarvik moved to approve renewal of the on sale liquor licenses for Lavender Inn, Modem Bar, and Shamrock Bar. Motion was seconded by Councilmemh~r Rice and adopted unanimously. CounciTmember Rice to approve renewal of the following off sale liquor licenses: Ginty's Liquer, Bauer's Southside Liquor, Tower Liquor, and Duffs Faribo Liquor. Motion was seconded by Councilmember Hanscom and adopted unanimously. Councifmember Meillier moved to approve renewal of the refuse hauler license for Voegele Sanitation. Motion was seconded by Councilmember Waarvik and adopted unanimously. e 4 e e e Counci'member Hanscom reported for the Finance Committee on the bids received for the Elderly Transportation Program. He explained bids had been received from City Cab, Liberty Cab, and People's Express. Harold Karow of City Cab was present and claimed he submitted the lowest bid and that the bid process was illegal. Councilmember Rice explain~d that Corporation Counsel did review the bids and verified that the specifications and bid process was adhered to. Corporation Counsel also determine People's Express was the low bid. Councilmember Kindseth noted that the Committee was recommending allowing participation by all companies at the low bid rate if they wish. Mer discussion ani comments, Councilmember Waarvik moved to accept the low bid of People's Express for the ETP Program and allow participation of the other companies at the low bid rate upon written permission of People's Express. Motion was seconded by Councilmember Rice and adcoted unanimously. Counci'member Kindseth reported for the Finance Committee on the proposed River Bend Nature Center Contract. The Committee met with the River Bend Board and staff and believes they have a plan to balance their budget for this year and a plan to cover expenses of the new building. The Committee made it clear to River Bend that the City will not take on any additional financial obligations for this building. This building will not cost over $200,000 as that is the amount of the grant. Ron Parker spoke for the Nature Center and indicatec they see the building as an opportunity to provide adult programming which will make th~ center more viable. Councilmember Kindseth indicated the collaterization agreements v1jll be restructured to include those things connected with the new building. River Bend and the City are going to pursue a 99 year lease with the State and/or the possibility th~ deeding of the property to River Bend Councilmember Hanscom moved for the adoption of Resolution 90-196, approval of River Bend Nature Center Building Contract with the State. of Minnesota. Motion was seconded by Councilmember Waarvik and adopted unanimously. Counci:'member Rice moved to pass Ordinance 90-16, rezoning former Shaffer's Motel property from C2-Highway Commercial to R4-High Density Residential, requested by Chris Meyering, on second reading. Motion was seconded by Councilmember Waarvik and upon roll call adopted unanimously. The Ac~ing Administrator recommended that this item be tabled so that staff can make a final inspec+ion to the interior of the building. Councilmember Hanscom moved to table Resolution 911-197, declaring property at 964 Willow Street (formerly Toad's Liquor) as hazardous all d substandard. Motion carried. 5 e e e Counci'member Waarvik moved to approve the following Routine Business: A Approve list of bills in the amount of $116,443.45. B. Resolution 90-198, declaring intent to issue bonds for capital improvement construction costs. C. Receive and file Heritage Preservation Commission 1990 Annual Report and 1991 Goals. Motion was seconded by Councilmember Kindseth and adopted unanimously. CouncL'member Waarvik moved to adjourn at 10:05 p.m. Motion was adopted unanimously. Respectfully submitted, ~Ja~~ Linda Tousignant Executive Secretary 6