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HomeMy WebLinkAbout10.16.78 Council Minutes MINUTES COUNCIL MEETING REGULAR OCTOBER 16, 1978 1. The meeting was called to order by the Mayor at 7:00 P.M. Present: Mayor Akin, councilmen Johnson, Kuchera, McElmury, Whittier Also present: Administrator Ford, Attorney Gorgos 2. Motion by Kuchera, second by McElmury to approve the minutes of September 20, and October 2, 1978, as presented. APIF, motion carried. 3. The council took up the complaints of Whitney Land Company, concerning alleged damage to their land from drainage caused by storm water run off from Hillview 3rd and 5th Additions. The council studied a memorandum from City Attorney G. M. Gorgos concerning various facets of the law involving storm water run off and the relative responsibilities of those who contribute the water vs those who receive it. It was the conclusion of the City Attorney, as expressed in his memorandum, that the development of those subdivisions were, in fact, under the law, a reasonable use and that the drainage deriving therefrom, was not excessive and was not the direct responsibility of the City insofar as the drainage effected the downstream property owner. Further, it was pointed out that the General Services Department of the City had made several improvements and changes in the drainage controlled structures where the storm water exits the plat unto the Whitney Land, which presumably would mitigate the effect of the drainage. Motion by Akin, second by Whittier that the City Administrator write to the representative of the Whitney Land Company and in- form them of the City's position. APIF, motion carried. 4. The council considered the request for Capital Outlay purchase dated October 13, 1978, by the Fire Department. The department had received two quotations of $1315.00 from Johnson; $1510.00 from Motorola for a mobil radio and control head for pump panel. It was pointed out that the 1978 budget contained an amount of $1900 for this line item and the department further requested an approvel of a budget adjustment by reducing the training budget item by $600. Motion by Kuchera second by Johnson that the above purchase and budget adjustment, hereby be approved. APIF, motion carried. 5. The council agreed to take up a matter which was not on the agenda, that of the request of Gary Kummer for transfer of on-sale liquor and Sunday liquor sale licenses presently applicable to the Black Stallion, West. Motion by McElmury, second by Kuchera, that the appropriate licenses be issued to Mr. Kummer, subject to his presenting to the Administrator, a copy of the buy and sell agreement between him and Mr. David May, no later than October 20, 1978. APIF, motion carried. 6. Motion by Akin, second by Johnson that the new licenses which should run from the date of issue to December 31, 1978, carry a pro-rated fee of $500 and $50 respectively. APIF, motion carried. 7. Motion by Kuchera, second by Whittier that the terminated licenses for the Black. Stallion, West, carry a refund of $500 and $50 respectively. Voting yes: Johnson, Kuchera, McElmury, Whittier. Voting No: Akin. Motion carried. 8. The Mayor then opened the previously published and continued public hearing in the matter of certain proposed amendments to the zoning ordinance. The heaxing was then continued to later in the meeting. 9. The council then took up a memorandum dated October 10, 1978 from the City Administrator, in which it was pointed out that the department of General Services had expressed a need for the improving of an alley between 3rd and 4th Street, running North off of Ash Street. The council was informed that the City had a dedication of only a 10 ft. right of way for the alley on the west and that an additional 10 ft. dedication would be necessary to permit improvement on the East side. The City attorney reported that in his research the same four property owners from whom an alley right of way would have to be obtained, also in their deeds owned the land to the center line of 4th Street. Motion by Johnson, second by McElmury, that the City Administrator hereby be directed and authorized to contact the four affected property owners in an attempt to satisfactorily resolve the problem. APIF, motion carried. 10. The council considered the Capital Outlay purchase request dated October 5, 1978 for the purchase of two garbage dumpsters by General Services Department. Tm quotations had been received in the amount of $498 from the Rayfo Company, $530 from MacQueen. Motion by Kuchera, second by Whittier that the capital outlay purchase in the amount of $498 hereby be approved and that a budget transfer of $70 from the miscellaneous capital outlay also be approved. APIF motion carried. 11. Motion by Kuchera, second by Johnson to approve the attendance of General Services Superintendent Bill Hince at the Minnesota Public Works Officials Winter Conference, November 16-17, 1978, at the Sheraton Inn, West. APIF, motion carried. 12. The council discussed a matter involved in the recent approval of the Townsedge plat as a replat. In the review of that plat, the developer was given the option of either making certain sewer and water connections himself or depositing an appropriate sum with the City. The developer selected the latter option after which the plat was approved. General Services Superintendent Bill Hince suggested to the council, that because of the time of the year, the size of the project, and the backlog of work under contract by contractors, that an excessive cost would be involved in performing that work at this time. Motion by Akin, second by Whittier that this work be deferred until the next construction season. APIF, motion carried. 13. The Mayor then reconvened the public hearing regarding various proposed amendments to the zoning ordinance. Motion by Johnson, second by Kuchera to adopt Ordinance No. 078-69 which provides for a separation between the main dwelling and a residential garage. APIF, motion carried. 14. Motion by Johnson, second by Kuchera to adopt Ordinance No. 078-70 which regulates the installation and location of Electromagnetic antennas and towers. Apif, motion carried. 15. The council continued the public hearing in the matter of proposed amendment to the zoning ordinance regarding the set back for accessory buildings which concluded the public hearing. 16. Motion by Akin, second by Kuchera to adopt Ordinance No. 078-71 which amends the subdivision ordinance by inserting a County Filing Clause. APIF, motion carried. 17. The City Attorney presented to the Council the status of the dispute concerning the Fire Alert Pagers. The council was informed that an arrangement had been made between the City and the Dakota County Tribune for the use of their existing tower on which to place the pager alert antenna. They were further informed that a written agreement had been sutmitted to the vendor which he was asked to execute before any alterations had been made and in which he guarantees performance upon penalty of removal of the entire system and re- imbursement to the city of the purchase price. The council was told that the vendor had responded with a counter offer whereby the city pay $350 for moving plus $80 for telephone installation charge and that the guarantee be reworded to include the language "Guaranteeing 95% dependability within the 5 mile range". The City Attorney was instructed to inform the vendor that the City would not agree to the payment of any additional funds and that if the vendor chose to avail himself of the arrangements made with the Dakota Tribune, that he do so at no cost to the city and only after executing the agreement. 18. The council was informed that in the case of two special exceptions granted in 1976, attempts to enforce the terms of those special exceptions had not been successful. The conditions of the special exception granted to Mr. Elliot Halstead had now, according to the Building Inspector, been met. That left the conditions of a special exception granted to Mr. James Reisinger, the conditions of which were not met, and that the city was proceeding with the legal machinery to in- voke compliance. The council informally agreed that the Mayor speak with Mr. Reisinger in an attempt to acquire voluntary compliance before any further action is taken. 19. The Mayor suggested to the council that they again take up the matter of adoption of various State Codes and it was decided that this item be put on the agenda for the meeting of November 6, 1978. 20. Motion by Akin, second by Whittier, that the City, in accordance with the recommendations of the City Administrator, inform the Township of Eureka that the City of Farmington intended to make no comments on their proposed comprehensive plan. APIF, motion carried. Council Minutes 10/16/78 Continued 21. It was reported that the City had received notice of a meeting to be conducted by the State Department of Revenue concerning Tax Assessments at 9:00 A.M. , October 30, 1978, at the County Government Center. 22. The Mayor commented informally on the letter received from the Dakota County Planning Director in regard to the recent draft 208 Area wide plan/ Development Guide on Water Quality Management, recently put out by the Metropolitan Council. 23. Motion by Akin, second by McElmury that the bills be approved for payment as presented. APIF, motion carried. 24. Motion by Akin, second by Kuchera that a request for a temporary 3.2 beer license be granted to St. Michaels Church at 421 Walnut Street, for November 19, 1978. APIF, motion carried. 25. Motion made and carried to adjourn at 10:00 P.M. Respectfully submitted, 1/7 William J. Ford APPROVED City Administrator WJF/kf