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HomeMy WebLinkAbout11.17.75 Council Minutes 191 MINUTES COUNCIL MEETING REGULAR NOVEMBER 17, 1975 1. The meeting was called to order at 7:30 P.M. by the Mayor Present: Mayor Daily, Councilmen Akin, Johnson, Kuchera, McElmury Also Present: Administrator Ford, Attorney Gorgos, Engineer Blaisdell 2. Motion by McElmury, second by Johnson that the 3.2 Beer License Application of HarolTc Rice at the Farmington Lanes be approved, that the background investiga- tion be waived, and that the fee be pro-rated. APIF, motion carried. 3. Motion by Akin, second by McElmury that the minutes of November 3, 1975 be approved—. APIF, motion carried. 4. Motion by Kuchera, second by Akin to adopt Resolution #R106-75 authorizing and Erecting the City Administrator to prepare a staff study regarding the basis of a 1976 HCD Grant application, setting forth suggested priorities and delineating the guidelines on which HUD would base a decision and that such study would be returned to the council by December 1, 1975. APIF, motion carried. S. Motion by McElmury, second by Kuchera that partial payment #4 to Behlen Building Systems on the construction of the arena in the amount of $54,843.00 be approved as per recommendation of the Engineer. APIF, motion carried. 6. Consulting Engineer, Don Blaisdell, updated the council on the status of the 1975 construction schedule. He stated that contract 1975-4, Proj 74-4, Sewer Lateral, 190th St. , was essentially complete with the exception of testing and acceptance. He recommended that the request of the contractor, Fischer Sand and Aggregate, for a time extension from November 14 to December 5, 1975 be approved by the Council. The Engineer stated that the need for this estension eminated from the delay on the part of the city in awarding the contract pending the sale of bonds. Motion by Akin, second by Kuchera that the above time extension on Contract 1975-4 Fe approved. APIF, motion carried. 7. Mr. Clifford Nelsen, a resident along 31 in the proximity of the Sewer project, indicated an interest in connecting to the sewer line. He was informed that the original project did not call for a line to which he could connect but that it was possible to extend the line and include him in the assessment roll. Motion by Johnson, second by Kuchera authorizing and directing the Engineer to erect a change order extending said line, pending the following actions: 1) That the contractor agree to the change order based on the contract unit prices. 2) That the property owner sign a waiver of hearing. 3) That the property owner sign an acceptance of assessment. 4) That other involved property owners involved sign the above documents. APIF, motion carried. 8. The Engineer informed the council that contract 1975-5, project 74-7, street improvement, Hill Dee was approximately 75o complete and that weather would determine if the project, in fact, could be completed this fall. He recommended the extension of time on this project the same as on the above. Motion by Akin, second by McElmury that an extension of time be granted for contract 1975-5 from November 14 to December 5, 1975. APIF, motion carried. 9. The council deferred setting assessment hearings on both of these contracts until total costs in the projects can be approved. 10. The Engineer reported to the council that on contract 1974-2, project 71-11, Downtown Improvement, he was having difficulty in getting a planting contractor to live up to the agreement of the contract involving dead and destroyed trees. There was some feeling on the council that the city should not be too severe and arbitrary with this contractor in view of the extent of vandalism. The Engineer would pursue it. 11. Motion by Akin, second by Kuchera to approve the payment of estimate #1 to Fischer Sand and Aggregate under contract #1975-5 in the amount of $11,932.18. APIF, motion carried. 12. Motion by Kuchera, second by Akin to approve the payment of estimate #1 to Fischer Sand and Aggregate under contract #1975-4 in the amount of $35,255.61. APIF, motion carried. 13. The council then discussed a memorandum from the City Administrator dated November 11, 1975, dealing with the problem of involuntary loss of Grandfather Rights relating to non-conforming uses. The specific case in point was a resident within the Downtown HRA Redevelopment area whose Mobile Home had been ",grandfathered" in under the zoning ordinance and whose pro- perty would evidently be acquired by the HRA. The property owner had in- quired as to the disposition of the mobile home presently parked behind his residence. The memorandum set forth the possibility of amending the ordin- ance to provide in some way for the reestablishment or extension of the lost grandfather rights. There was considerable discussion among members of the council on this issue. Motion by Johnson, second by Akin that the zoning ordinance not be amended—. —Vo—ting yes: Johnson, Akin, Kuchera. Voting No: McElmury, Daily. Motion carried. No action taken to amend the zoning ordinance. 14. Motion by Kuchera, second by Akin to refer the above referenced memoran- dum to the planning commission for their comments. APIF, motion carried. 15. Park and Recreation Chairman Leon Orr reported to the council that in re- gard to the City application for Lawcon Grant, the state had given preliminary approval for a $42,500 50o matching grant over a two-year period. Mr. Orr indicated that the council would have to make a decision on whether to accept this grant on a matching basis approximately the end of the year. 16. Mr. Orr advised the council that in his best estimate, ice could first be made in the arena between January 5 and January 8, 1976, and that extreme pressure was being exerted on the contractor in the face of Ice Rental Agreements which were in existence and in the making. 17. Mr. Orr discussed with the council the problem of rubber matting in the arena and recommended that a total of $4180 be spent on the matting. He further recommended that the above amount be paid in the following manner: Reversal of a previous change order providing for a screening wall - $640.00, reversal of a previous change order providing for external painting $440.00, from accrued contingency - $3100.00. Motion by Kuchera, second by Johnson that the above modification be approved. Voting yes: Daily, Johnson, Kuchera, McElmury. Voting No: Akin, motion carried. 18. Mr. Orr then presented to the council a letter written by him addressing himself to certain problems involving the construction of the arena. He particularly took exception to some statements which had been made both official and unofficial and a letter written to the Editor by one of the councilmen in which he felt that an unfair picture had been presented of the evolution of the arena contract and its execution. The council discussed the letter with Mr. Orr and took no action. 19. Motion by Akin, second by Kuchera that the council accept a donation from the Hoc cey—Boosters Club for the purchase of an ice edger for the Arena. APIF, motion carried. 20. Councilman Akin excused himself from the meeting at 10:35 P.M. 21. The council deferred action on a proposed ordinace setting the salaries for the Mayor and councilmen. 22. Motion by Johnson, second by McElmury to adopt Ordinance #075-21 an ordinance to repeal an ordinance Providing for a Permanent Improvement Revolving Fund. APIF, motion carried. 23. Motion by McElmury, second by Johnson approving the request for fund transfers dated 11 3 75, $5000 from PIR to Fund 6-83A-75 (Retroactively) . APIF, motion carried. 24. Motion by Kuchera, second by Johnson that the council approve the attendance at Police Training Schools as set forth in the Police Chief's memorandum dated November 12, 1975. APIF, motion carried. 25. Motion by Kuchera, second by Johnson that Police Officer Greg Style, having completed His one year probationary period on November 11, 1975 be removed from probationary status and be classified, effective November 11, 1975, as a full time permanent police officer. APIF, motion carried. 193 Minutes of 11/17/75 cont. 26. The Administrator informed the council that a meeting of the Dakota County League of municipalities would be held Thursday, November 20, 1975, at the Dakota County Government Center, 7:OO P.M. 27. The Administrator informed the council that in the joint Labor Negotiations between the Managers Association and the Teamsters Local 320 for Police, and arbitration award had been made and the court had ordered a partial enforcement of the arbitration award. The League was seeking support from all municipalities to appeal this court order on the basis that it would be very difficult for a municipality to face arbitration if this case were to stand. Motion by Johnson second by Daily, authorizing the Administrator to issue a check In tie amount of $25.00 in support of the legal fund to combat and appeal this ruling. APIF, motion carried. 28. The Administrator read a letter to the council received from the St. Paul office of the United States Post Office in which that office had referred the request by petition, for a drive-up box, back to the local Postmaster. The Administrator was asked to contact the local Postmaster to see what could be done in this matter. 29. The Administrator read to the council a letter received from Dakota County Library Board in which they request that the council coordinate with the Library Board, any plans for remodeling for expanding, the city hall. The Administrator was asked to contact them and assure them that they would be made privy to any and all plans as soon as they reached a stage where discussions would be made productive. 30. Motion by Johnson, second by Kuchera that the Mayor and the City Administrator be aut orized to execute a Satisfaction of Judgement, when and if full payment were tendored in the matter of Dakota Holding Corporation. APIF, motion carried. 31. The council asked the City Administrator to inquire into the installation of "Exit" signs in the council room. 32. In a general discussion among members of the council there evolved a consensus that the City of Farmington should do whatever it can to prevail upon Dakota County Electric Association retaining its main offices in Farmington. The Administrator was asked to contact the members of the Board of Directors of the Association and of the surrounding communities in an effort to encourage the REA to remain in Farmington. 33. The Mayor issued a proclamation declaring the week of December 1-5, 1975 as Voice of Democracy Week in Farmington at the behest of Veterans of Foreign Wars. 34. Councilman Kuchera inquired again as to animal control within the City of Farmington. It was decided that the Administrator would meet with the animal control contractor, Bob McAllister and would invite Councilman Kuchera to sit in with him at the meeting. 35. The City Attorney advised the council that an unfavorable court ruling had been received in the matter of Reitz vs Farmington concerning a special assessment for improvements on project 71-11, Downtown Improvement. The Attorney advised the council that they had 90 days in which to appeal the court ruling. The matter was deferred for future action. 36. Motion by Kuchera second by Johnson that the bills be approved for payment as presented. APIF, motion carried. 37. Motion made and carried to adjourn at 11:30 P.M. Respectfully submitted, William J. Ford APPROVED City Administrator WJF/kf