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HomeMy WebLinkAbout12.18.78 Council Minutes MINUTES COUNCIL MEETING REGULAR DECEMBER 18, 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, Engineer Rosene 2. Motion McElmury, second by Kuchera to approve the minutes of December 4, 1978 with the following correction: Paragraph 8, it should read: "Motion by Akin, second by Kuchera to adopt Resolution No. R49-78 which revalidates the grant of subdivision waiver to Fredrick-Willys for property located at 510 Willow Street in accordance with a survey to be attached to the waiver. APIF, motion carried." APIF, motion carried. 3. Motion by Kuchera, second by Whittier to grant a Gambling License to the Clifford Larson Post #189, American Legion, 313 3rd Street, Farmington. APIF, motion carried. 4. The council discussed the possibility because of the holidays of moving the normally 1st and 3rd Monday meeting nights in January, 1979 only, to the 2nd and 4th Mondays. The council was informed that the Fire Department had agreed to accomnodate the change. Motion by Kuchera, second by Whittier that the meeting normally held on the 1st and 3rd Mondays in January, 1979, be held on the 2nd and 4th Monday of January, 1979, at 7:00 P.M. APIF, motion carried. 5. The council then discussed the matter which had been before previous meetings of the council, that of the possibility of opening an alley for which there was now a partial easement between 3rd and 4th Street and Ash and Hickory Street. It was the consensus of the council that affected property owners be invited to a meeting at which this matter could be discussed. The time was set at 7:30 P.M. , January 22, 1979, the Administrator to notify affected property owners. 6. Motion by Kuchera, second by Johnson to set a public hearing for 8:30 P.M. , January 22, 1979, at which time the council will consider a petition for rezoning from Mr. William Johnson affecting property located at 513 3rd Street. APIF, motion carried. 7. Motion by McElmury, second by Akin to approve a budget adjustment request dated December 7, 1978, in the amount of $5200, which increases Youth Center Contracted services, and decreases contingency. APIF, motion carried. 8. The council agreed in concept with the City Administrator to provide for an Administrative research fee and ask that he come back to the council with some suggested guidelines. 9. The council then discussed the adoption of various codes as mandated by the State Legislature effective January 1, 1979. Appearing to advise the council, was Mr. Sivert 0. Hendrickson, Code Consultant for the Minnesota State Building Code Division, and Mr. Sid Miller, Farmington Building Inspector. Among other things, it was determined during that discussion that the actual building code which the city was requested to adopt was still in the printers and not available and that no ordinance should be formally adopted until a copy was in hand. It was agreed that the Administrator and the Building Inspector should write a suggested ordinance for presentation to the council the second meeting in January. 10. A letter of resignation from Marlys C. Miller, Park Co►missioner, dated December 7, 1978, was read by the Mayor in which she informed the council that she declined to serve again when her present term expires on January 31, 1979. Motion by McElmury, second by Kuchera that the council accept the resignation of Mrs. Miller and that the Administrator be instructed to write a letter of recognition for her past services. APIF, motion carried. 11. The Administrator reported to the council that bids had been received on the previously advertised squad car purchase. One bid had been received from Jim Haugen Ford, Farmington, in accordance with the plans and specifications in an amount of $6734.00. A discussion followed. Motion by Kuchera, second by Johnson that award of bid be made to Jim Haugen Ford in the amount of $6734.00 and that a budget adjustment be approved by increasing the capital outlay portion $334.00 and increasing intone from sale of equipment by $334.00. Voting for: Johnson, Kuchera, McElmury, Whittier. Voting against: Akin. Motion carried. 12. The City Attorney then presented to the council a newly delivered offer from A.I.D. Homes, Inc. , to purchase an option on land owned by the City at 5th and Linden. The option was in the amount of $400.00 and would run until April 4, 1979, and in conjunction with a purchase agreement which called for $2000 down and $22,000 balance paid on or before May 4, 1979. The City Attorney explained that this newly delivered offer was presented to him on December 6, 1978; and replaced the previous offer which had been delivered on December 4, 1978, and which had been refused by the council in that it had not been delivered timely. In the audience, speaking for A.I.D. Homes, Inc. , was Mr. Tom Miller. A lengthy discussion followed between members of the council, the City Attorney, and representatives of AID Homes. Motion by Whittier, second by Akin to reject the offer of option purchase. Voting for: Akin, Johnson, Kuchera, Whittier. Voting against: McElmury. Motion carried. 13. Motion by Akin, second by Whittier that the subject property discussed in the above item be removed from the realestate market. APIF, motion carried. 14. Motion by McElmury, second by Johnson that the following licenses and permits hereby be approved: Beer Off-Sale $15.00 Dicks Red Owl Ericksons Grocery Old Crow Tavern Thelens Grocery Tom Thumb Beer On-Sale $100.00 Farmington Arena Farmington Lanes Old Crow Tavern Liquor On-Sale $2000.00 Black Stallion West Liquor Sunday $ 200.00 Black Stallion West Club License $ 100.00 V.F.W. Club American Legion Gambling License$100.00 V.F.W. Club Rubbish Hauler $ 200.00 Storlies Sanitation Service APIF, motion carried. 15. Motion by McElmury, second by Johnson that the previously issued Liquor Display and Consumption Licenses to the Farmington Arena and Old Crow Tavern be extended with an expiration date of 6/30/79. APIF, motion carried. 16. The council expressed agreement with the letters which had been prepared by the City Attorney to be mailed to various property owners regarding changes in the Fire charges and authorized said letters to be mailed. 17. The council authorized and directed the City Administrator to prepare a study in accordance with the matter raised in a previous memo by him which was attached to a report on arbitration. This matter dealt with the practice in Carver County of the Sheriff charging for patrol and response services to communities which did not have their own police forces. 18. The Administrator informed the council that correspondence had been received from Dakota County informing the City that they had only a short time in which to determine where their dispatching terminal would be under the new emergency 911 telephone system. The council instructed the Administrator to secure cost comparisons from Dakota County and from Apple Valley and to report back to the council. 19. City Engineer Bob Rosene presented to the council for their review, the pro- posed owner-engineer agreement for design phase, sewer rehabilitation. It was pointed out that neither the City Administrator or the Attorney had seen the pro- posed agreement and that a detailed review should be made administratively. The Administrator informed the council that he had that day talked with Mr. Bill Moore from the Metropolitan Waste Control Commission and that they had approved the form and content. Motion by McElmury, second by Kuchera to adopt Resolution #R50-78 be adopted approving of the form and content of the proposed agreement and authorize and direct the Mayor and the City Administrator to sign same subject to administrative review and approval of the agreement by the City Administrator and the City Attorney. APIF, motion carried. 20. The Administrator then discussed with the council his memorandum dated December 14, 1978 in which he informed the council of several changes being made in the CETA program and how those changes would immediately effect one CETA employee in Farmington. Motion by Kuchera, second by Johnson that the council approve the recommendations of the Administrator and the above referenced memo- randum and that the County CETA office be notified that the council agrees to offer permanent full-time employment to Ms. Sharon Lattimore if the CETA office agrees to extend her eligibility from January 16, 1979 to July 16, 1979. APIF, motion carried. 21. Motion by Akin, second by Kuchera to adopt Resolution #R51-78 which closes fund #6-48-76, transfers any and all assets present and future, or liabilities present and future, to the General Fund. APIF, motion carried. Minutes of 12/18/78 cont. 22. Motion by McElmury, second by Kuchera that the bills be paid as presented. APIF, motion carried. 23. The City Attorney briefed the council on the status of litigation involving the purchase of fire alert pagers from Davis Electronics. He informed the council that a pre-trial hearing date had been set and that opposing legal counsel had indicated a desire to take deposition. The council then discussed the possibility of going back to the other side with a final counter-offer in order to avoid litigation. Motion by McElmury, second by Whittier that the City Attorney be authorized and directed to contact the legal counsel for Davis Electronics and make the following offer. That a written agreement be completely executed no later than December 26, 1978, which shall provide for: a) Completion of the new antenna installation no later than January 19, 1979, and b) Provide a 90 day period during which the City can test the new system, and c) That upon and through testing the city finds the system 957o effective with- in a 5-mi radius, that the City formally accept the system, and d) Following acceptance the city reimburse Davis Electronics in an amount not to exceed $350.00, including the cost of installation charged by the Phone Company. Voting for: McElmury, Whittier, Kuchera. Voting against: Akin, Johnson. Motion carried. 24. Motion made and seconded to adjourn at 9:45 P.M. Respectfully submitted, ,.,CG�t�►ic .- William J. Ford APPROVED �18�79 City Administrator WJF/kf