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HomeMy WebLinkAbout12.07.87 Council Packet AGENDA COUNCIL MEETING REGULAR DECEMBER 7, 1987 1. CALL TO ORDER 2. APPROVE AGENDA 3. APPROVE MINUTES a. November 16, 1987 4. CITIZENS COMMENTS 5. PUBLIC HEARINGS a. Consider Various Zoning Amendments - Continued from November 2, 1987 6. PETITIONS, REQUESTS AND COMMUNICATIONS a. 1988 Licenses and Permits 7. ORDINANCES AND RESOLUTIONS a. Resolution Supporting the American Legion Bid to Host 1989 Convention 8. UNFINISHED BUSINESS a. Update on Co-compost Grant b. Compensatory Time for Police Officers c. Wage Adjustment - Police Department d. Whispering River Development - Update e. Paving Project on County Road 64 (195th Street) 9. NEW BUSINESS a. Establish 1988 Sewer and Solid Waste Rates b. Joint Powers Agreement-Building Inspection Services with Eureka Township 10. MISCELLANEOUS a. Reforestation Program b. Set 1988 Board of Equalization c. Manhole Rehabilitation d. Set Work Session - 1988 Salaries e. Review Section II of the Council By-Laws 11. CONSENT AGENDA a. 1987 Budget Adjustments b. Capital Outlay Request - Fire Department c. School and Conference Request - Police d. Capital Outlay Request - Police e. School and Conference Request - Police f. Capital Outlay Request - Fire Department g. Capital Outlay Request - General Services h. Approve Payment of the Bills THE AGENDA IS CLOSED OUT AT NOON ON THE TUESDAY PRECEDING THE MEETING. MEMO TO: MAYOR AND COUNCIL SUBJECT: AGENDA ITEMS - DECEMBER 7, 1987 DATE: DECEMBER 4, 1987 3a. Minutes - Item #19 should be amended to read "Mayor Akin opened a public hearing which was continued from November 2, 1987 to consider. . ." 5a. Planning Commission minutes/memo enclosed. 7a. Resolution enclosed. 8a. Memo enclosed. b. Memo enclosed. c. Memo from Police Chief/Administrator enclosed. d. I did get a chance to briefly discuss the matter with the developer and he indicated he would discuss the matter with the City Engineer. e. I would request this matter be removed from the agenda. 9a. Memo enclosed. b. Memo/agreement enclosed. 10a. Memo enclosed. b. Notice enclosed. c. Memo/Capital Outlay Request enclosed. d. Memo enclosed. e. Memo/By-Laws enclosed. lla. Memo/Adjustment enclosed. b. Request enclosed. c. Request enclosed. d. Memos from Police Chief, Finance Director and request enclosed. e. Request enclosed. f. Memo from Fire Chief/Finance Director enclosed. g. Request enclosed. h. Copy enclosed. Lar Thompson City Administrator Mk • AGENDA REQUEST FORM ITEM NO. 5 a h4, NAME: Larry Thompson DEPARTMENT: Administration DATE: November 19, 1987 MEETING DATE: December 7, 1987 CATEGORY: Public Hearings SU3JECT: Consider Various Zoning Amendments EXPLANATION: Continued from November 2, 1987. Receive clarification from Planning Commission. REFERENCE MATERIALS/RESPONSIBILITY: Update - Larry Thompson REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Charlie Tooker Planning Karen Finstuen Administration SIGNATOR MEMO TO: MAYOR AND COUNCIL SUBJECT: ZONING AMENDMENT - MAXIMUM GARAGE SIZE DATE: DECEMBER 3, 1987 Attached please find a copy of the Planning Commission minutes relating to a discussion on maximum garage sizes. As you will note, the Planning Commission reaffirmed its previous recommendation as follows: ZONE MAXIMUM SIZE R-1 1,000 sq. ft. or the size of the principal structure R-2 & R-4 800 sq. ft. or size of the principal structure The Council has either the option of adopting the Planning Commission recommendation, increasing the maximum size of garages, or allowing garages exceeding 800 square feet as a conditional use. 77- Larry/ Thompson City Administrator cc: Charlie Tooker Planning Commission file 145 MINUTES PLANNING COMMISSION REGULAR NOVEMBER 17, 1987 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Gerten, Hanson, Rotty, Sampson Members Absent: Angell. Also Present: Planner Tooker, Administrator Thompson, Councilmember Sprute. 2. The Chairman asked for comments on the minutes of October 20, 1987. Motion by Gerten, second by Sampson to approve the minutes of October 20, 1987 as dis- tributed. APIF, motion carried. 3. Chairman Hanson opened the public hearing advertised for 7:00 P.M. to discuss the request for a conditional use permit to build a 32'x64' steel pole building to the rear of an existing gymnasium by Christian Life Church on Highway 50. The purpose of the structure is to store the existing school bus and other equip- ment used on the site. David Draus, Board Secretary, was asked if the Church were through building or if this structure would interfere with any later building plans. He responded that the existing structure is likely to be expanded but that any addition would not be in the direction of the pole structure. The staff was questioned by the Commission about the need for landscaping and paving as listed in the recommendation. Planner Tooker indicated that the parking lot is paved and the new lighted sign for the church is landscaped. The requested building therefore should be developed to similar standards. Mr. Draus asked if these improvements could be deferred until the next construction season when the Church plans to add paving for parking. Commission members responded favorably. Motion by Rotty, second by Gerten to close the public hearing. APIF, motion carried. Motion by Rotty, second by Hanson to approve the request for a 32'x64' steel pole structure to be utilized as a storage shed for Christian Life Church subject to the preparation of a landscape plan which emphasizes building screening to be approved by staff and that such a plan needs to be implemented and the access driveway paved during the 1988 building season. APIF, motion carried. Planner Tooker indicated that he would so notify the Building Inspector. 4. Chairman Hanson asked Larry Thompson to explain the City Council's concerns regarding the maximum permitted size for garages in the R-1, R-2 and R-4 districts. Mr. Thompson said that the Council is concerned about earlier comments by the Commission regarding variances for oversized garages whereas the Conditional Use process would be based on mapping documentation rather than proof of hardship. Member Angell arrived at 7:15 P.M. and indicated that the Conditional Use process is too week to provide any real control of oversized garages. He prefers the variance procedure entirely because it is based upon proof of hardship. Variances are much tougher to obtain and the process should not be made easy. He also pointed out that the City Council has the prerogative to make changes in Planning Commission recommendations if they believe strongly enough. Member Sampson said that oversized garages tend to encourage weekend mechanics and no one can appreciate how aggravating this can be until one "moves in next door". It was the consensus of the Commission to leave the last recommendation forwarded as it stands since the Planning Commission objective is to keep accessory buildings in proportion. 5. Chairman Hanson opened the public hearing advertised for 7: 15 P.M. to discuss the request from Midwest Federal Savings and Loan for a variance to build an over- sized freestanding sign immediately behind the property line at 316 Oak Street. Planner Tooker indicated that the sign in question was installed after both the MEMO TO: FARMINGTON CITY COUNCIL SUBJECT: ZONING ORDINANCE AMENDMENT - GARAGES DATE: NOVEMBER 12, 1987 It appears that three definitions in the Zoning Ordinance relate to the on-going discussion of garages. ACCESSORY BUILDING OR USE: Any building or use customarily incidental and subordinate to the principal building or use and located on the same lot as the principal building or use. CONDITIONAL USE: A use which, because of special problems of control, require reasonable limitations peculiar to the use for the protection of the public welfare and the integrity of the Comprehensive Plan. PERMITTED USE: A public or private use which conforms with the purposes and objectives of a particular district and conforms with all requirements, regulations and performance standards of such district. The three definitions in themselves fail to shed a great deal of light since each one relies on the word "use". While the definition for conditional use does not specify principal use, my understanding of the process leads me to believe that either principal uses or unique accessory uses are intended. A standard accessory use such as a garage does not appear to justify the type of documentation required in the Conditional Use process. The only purpose for regulating the size of garages is to prevent someone from building a large accessory building which dwarfs the principal use or others like it in a residential neighborhood. The current zoning ordinance limits accessory garages in the R-1 District to 800 square feet or to the size of the principal structure whichever is smaller. The question was raised, why offer aesthetic protection to only the low density residential district? Following considerable discussion, the Commission, on a split vote, voted to recommend the 800 square foot restriction in R-2 and R-4 Districts and to expand the R-1 District accessory garage size to 1,000 square feet. In both situations, the clause limiting all garages to the size of a principal use was retained. The objective here was to relate accessory garage size to the density of development in order to preserve useable open space and protect neighborhood aesthetics. If the City Council would prefer not to place absolute limits on the size of accessory garages, it appears that two alternatives to instituting the conditional use hearing process including documentation would be to: a) eliminate section 10-4 (L) of the ordinance all together, or b) eliminate only the 800 square feet and the 1,000 square feet portion and refer only to the house size either as a maximum or some percentage in excess of the house size. c Charles Tooker Planner AGENDA REQUEST FORM ITEM NO. NAME: Wayne Henneke DEPARTMENT: Finance to �Y-- /2/0O ft 7 DATE: December 1, 1987 , S MEETING DATE: December 7, 1987 A5)4P CATEGORY: New Business l.,12-Let-41 1.6 SU3JECT: Establish 1988 Sewer and Solid Waste Rates i5? 7-"r/// EXPLANATION: See attached REFERENCE MATERIALS/RESPONSIBILITY: Wayne Henneke - Finance Director REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Wayne Henneke Finance SIGNAT . E (41/"/12-12Q--- Memo to : Mayor 8 Council Date December 1, 1987 Re 1988 Sewer & Solid Waste User Fees Attached is an analysis of revenue and expenses associated with operating the City ' s sewer system from 1988 through 1992 . In calculating the increase in expenses from one year to the next the following was anticipated : A) Personnel Services - Increase of 5%/year . B) Operating Expenses - Increase of 5%/year . C) M. W. C . C . Payments As per analysis and conversations with M. W. C . C . D) M. W. C . C . Payback As per previous agreement with M. W. C . C. E) Audit Expense - Increase of 10%/year . F) O . H . Reimbursement - Increase of 10%/year . G) Capital Outlay - As per City ' s Five Year Capital Improvement Plan. The 1988 Budget anticipated a 10% increase in user fees to fund the budgeted expenditures . When the budget is adopted the final figures for the M. W. C . C . charges are not available . To fund 1988 sewer services as budgeted a 15% increase commencing January 1 , 1988 is necessary. The Sewer Fund will still lose money in 1988 but will make up for it in 1989 - 1991 . If the Council decides riot to increase user fees by 15% a budget adjustment decreasing expenditures will be needed . The Sewer Fund is a very volatile Fund . It is subject to changes caused by rate increases from M. W. C . C . , water table height, storm water run-off, and etc . Eighty percent of the total costs of operating sewer services for the City are payments to M . W . C . C . The only thing that will help reduce our costs is to reduce flows, which we are currently trying to do through our sewer rehabilitation program. In analyzing the Solid Waste Fund it has been determined that a rate increase effective January 1, 1988 is not mandatory at this time . Staff will continue to monitor the costs through out 1988 and at such time the City is notified of a rate increase, Council will be notified of the increase and a course of action recommended . It is the recommendation of the Finance Department to increase Sewer rates from $43 . 50/quarter to $50 . 00/quarter representing a 15% increase effective January 1 , 1988 . It is also recommended not to increase Solid Waste user fees at this time . Wayne E . Henneke Finance Director SEWER ANALYSIS 1988 - 1992 1988 1989 1990 1991 1992 PERSONNEL SERVICES 28, 054 29, 457 30, 930 32, 476 34, 100 OPERATING EXPENSES 11, 900 12, 495 13, 120 13, 776 14, 465 M. W. C. C. PAYMENTS 395, 140 365, 568 362, 948 389, 125 417, 133 M. W. C. C . PAYBACK 15, 782 15, 782 15, 782 15, 782 15, 782 AUDIT EXPENSE 1, 000 1, 100 1, 210 1, 331 1, 464 O . H. REIMBURSEMENT 3, 025 3, 328 3, 660 4, 026 4, 429 CAPITAL OUTLAY 55, 100 46, 600 41, 600 51, 600 41, 600 TOTAL EXPENSES 510, 001 474, 329 469, 250 508, 116 528, 972 USER FEES 483, 534 493, 205 503, 069 513, 130 523, 393 NET PROFIT/(LOSS) ( 26, 467) 18, 876 33, 819 5, 015 (5, 580) 15 % INCREASE IN 1988 2% GROWTH FACTOR 1987 RATE - $43 . 50/QTR. 1988 RATE - $50 . 00/QTR . ro` AGENDA REQUEST FORM ITEM NO. /10e/ )‘"'"' NAME: Pat Akin DEPARTMENT: Council -0 z - pag- DATE: November 24, 1987 MEETING DATE: December 7, 1987 CATEGORY: Miscellaneous SU3JECT• Review Section II of the Council By-Laws EXPLANATION: Review By-Laws as they relate to rules of order REFERENCE MATERIALS/RESPONSIBILITY: Section II - By-Laws/Explanation - Pat Akin REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Pat Akin Council Karen Finstuen Administration Department Heads 466.411146408. SIGNATURE MEMO TO: COUNCIL SUBJECT: COUNCIL BY-LAWS - MAYOR'S/COUNCILMEMBER'S ROLE DATE: DECEMBER 1, 1987 During the last Council meeting, a question arose as to the Mayor's authority in limiting Council comments during discussion. Rather than having an on-going debate, I have requested that a review of the Council By-Laws relating to such matters be placed on the December 7, 1987 agenda for dis- cussion. I would like to have the matter resolved by affirmation or amend- ment by the Council. I have instructed City staff to attach a copy of the appropriate section of the By-Laws for your review. 0:64441941:4* Patrick Akin Mayor cc: Larry Thompson file applications that have been filed with the Clerk. All applications submitted shall be retained for a period of one year to serve as a file from which appointments can be made during the year if needed. SUBD. 5 - All Council meetings, as defined by State Law, including special and adjourned meetings shall be open to the public. The City Attorney shall advise the Council in writing as to his interpretation of the state "Open Meeting Law". All new members shall be provided such written interpretation and briefed on such by the Attorney. The Attorney shall bring any changes in his interpretation to the attention of the Council in writing and have the subject placed on the agenda for discussion. SECTION II PRESIDING OFFICER; RULES OF ORDER SUBD. 1 - The Mayor shall preside at all meetings of the Council. In the ab- sence of the Mayor, the acting mayor shall preside. In the absence of both, the Clerk shall call the meeting to order and shall preside until the Council members present at the meeting choose one of their number to act temporarily as pre- siding officer. SUED. 2 - The presiding officer shall preserve order, enforce the rule of procedure herein prescribed, and determine all questions of procedure and order. Except as otherwise provided by statute or by these rules, the proceedings of the Council shall be conducted in accordance with the following rules of order: A. A motion must be seconded before being considered by the Council, and the mover, as well as the seconder, must be recognized by the presiding officer. B. Any motion may be withdrawn by its mover with the consent of his second. But a motion, once debated, cannot be withdrawn except by majority vote of the Council. C. A motion will not be subject to debate until it has been stated by the presiding officer and he has opened it to debate. D. Each member, while speaking, shall confine himself to the question at hand and avoid all personal, indecorous or sarcastic language. E. Whenever any member of the Council desires to speak on any question which affects him personally, he shall first vacate his chair and shall not resume his seat until the matter under consideration has been acted upon. He shall be allowed to make comments on the question as a private citizen. F. Whenever public hearings are held, the presiding officer, during the open hearing, shall allow any member of the public present the privilege of speaking. A reasonable time shall be allowed to anyone as long as they are not repeating points already made. The public will conduct themselves in the same manner as would be expected from the Council. The presiding officer shall be responsible for the public's conduct and may rule anyone out of order. G. During times at any meeting, the presiding officer will allow the public to participate as long as there is reason to believe the input is beneficial. SUBD. 3 - Any member may appeal to the Council from a ruling of the presiding officer. If the appeal is seconded, the appealing member may speak first on the reason for his appeal. General discussion can then take place on the appeal before a vote. The appeal shall be sustained if it is approved by a majority of the members present. SECTION III AGENDAS SUBD. 1 - The agenda shall be prepared by the Clerk and shall be closed at noon on the Tuesday preceding the meeting for publication purposes. Items may be added to the agenda for Council action until noon of the Friday preceding the meeting. SUBD. 2 - Any member can place an item on the agenda by so instructing the clerk. SUBD. 3 - No item shall be placed on the agenda unless the item is expressed in such a way as to clearly show the subject matter involved. SUBD. 4 - The agenda shall be subject to approval by a majority vote of the members present. Items not on the agenda may be discussed, but no action may be taken if any member objects.