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HomeMy WebLinkAbout01.04.93 Council Minutes "- ~""t:'~ "i MINUTES COUNCIL MEETING REGULAR JANUARY 4, 1993 1. Mayor Kuchera called the meeting to order at 7:00 P.M.. Members Present: Kuchera, Ristow, Orr, Rotty, Galler. Members Absent: None. Also Present: Administrator Thompson, Attorney Harmeyer. 2. Judge Kalina administered the Oath of Office to Mayor Kuchera and Councilmembers Ristow, Rotty and Galler. 3. Mayor Kuchera thanked Councilmember Galler for serving as Acting Mayor, and Councilmembers Rotty, Orr and Mayer, City Administrator Thompson and City staff for their service during his absence. 4. MOTION by Galler, second by Orr to approve the agenda with the following changes: a. Remove purchase of a new fire pumper. b. Remove discussion of the Southeast Area Sanitary Sewer Trunk Plan. c. Add consideration of purchasing a top dresser for Parks and Recreation. d. Remove item 11a - Downtown Directional Sign from Consent for general discussion. APIF, MOTION CARRIED. 5. MOTION by Orr, second by Rotty to approve the minutes of the December 21, 1992 regular Council meeting. VOTING FOR: Orr, Rotty, Galler. ABSTAIN: Kuchera, Ristow. MOTION CARRIED. 6. Mayor Kuchera presented certificates of recognition to Walt Michaels and Rosemary Swedin for 25 years of City service. 7. The Council next considered recognition of retiring Councikoomber Mayer and other board and commission members. Councilmember Galler suggested a reception an hour before the second meeting in February. It was the consensus to present a plaque to Councilmember Mayer and certificates to retiring board members. I. 8. Mayor Kuchera opened a public hearing at 7:15 P.M. to consider the rezoning of Lots 8 and 9, Block 17, Town of Farmington. A question was raised if proper notification was mailed. The hearing was continued until later in the meeting. 9. MOTION by Galler, second by Rotty to approve the Consent Agenda as follows: a. Approve sharing of costs for Downtown Direction Sign with Chamber of Commerce. b. Adopt ORDINANCE NO. 093-295 amending Wetlands Protection Ordinance - Fees and Charges. c. Approve Personnel Action - Parks and Recreation - Senior Center Coordinator - per December 29, 1992 memo. d. Accept 1993 donations list. e. Approve Change Order #2 - Project 92-8 - Add $617.49. f. Approve Payment No.3 - Project 92-7 - $16,718.10 - Arcon Construction. g. Approve Weight Based Computer Billing program modification - $3,600. h. Approve School and Conference Request - Engineering - computer classes. i. Approve payment of the bills as submitted. APIF, MOTION CARRIED. i , \ , "-. :2 Council Minutes - 1/4/93 - Page 2 10. MOTION by Kuchera, second by Galler to approve a capital outlay request for a top dresser for $3,600. APIF, MOTION CARRIED. 11. The hearing for the rezoning was reopened. Administrator Thompson stated that he was unable to locate the affidavit of mailed notice at this time, but had previously double checked that a notice was mailed. Councilmember Orr suggested affidavits of mailed notice be brought to future public hearings. Mike Mularoni presented an overview of the project noting variances and conditional uses granted by the Planning Commission. Mayor Kuchera: Mr. Mularoni: Are there 3 bedroom apartments? There are 8 units with 2 bedrooms with a den which can be construed as a third bedroom. Mayor Kuchera: I am concerned about the third bedrooms competing against private apartments. I would feel a lot more comfortable with just 2 bedrooms. Also, I would like to see more money paid for the land. Cm. Galler: Do you have blueprints of the floor plans? (The Council reviewed the plans.) Cm. Ristow: Has consideration been given to the balance of the block and what the ultimate use may be? The site was designated as senior housing, not 3 bedroom adult. Financing for privately owned elderly is no longer available. Other communities can get 2 bedroom elderly. But I believe those are publicly owned by the Dakota County HRA. HRA owned housing would be subsidized even more heavily, which seems to be the major objection. What is the average rent? I'm not sure. Approximately 68~ per square foot. Mayor Kuchera: Cm. Galler: Mayor Kuchera: Cm. Orr: Jerry Henricks: Cm. Rotty: Mr. Mularoni: Cm. Rotty: I'm concerned that you are pricing yourself out of the senior housing market with the larger units. I wish you could assure me that it would be senior housing. Mr. Mularoni: Federal law requires no discrimination so it cannot be designated elderly. The intent of the developer has been market rate adult housing. The risk to the City if it is opened to family housing is that parking problems would occur. There is proposed legislation to allow designation of elderly housing. A lengthy discussion followed regarding 3 bedroom apartments. Administrator Thompson notified the Council that the staff had found the affidavit of mailed notice and that property owners within 350' of the proposed rezone had been notified, but that due to the uniqueness of the request, the owners within the rezone area had not been notified. Attorney Harmeyer stated that he would recommend taking no action unless the owners signed an affidavit not objecting t~,theJr~one. MOTION by Galler, second by Orr to continue the public hearing until PeB\~~~9, 1993 at 7:15 P.M. and have staff attempt to obtain affidavits. If they cannot be obtained, Cm. Rotty: Mr. Mularoni: '/ Council Minutes - 1/4/93 - Page 3 31.: the Planning Commission should start the rezoning process over again. APIF, MOTION CARRIED. 11. MOTION by Galler, second by Kuchera that Councilmember Orr be designated as Acting Mayor from January 4, 1993 to December 31, 1993. VOTING FOR: Kuchera, Galler, Rotty, Ristow. ABSTAIN: Orr. MOTION CARRIED. 12. MOTION by Rotty, second by Orr that the Farmington Independent be designated as the official publication from January 4, 1993 until December 31, 1993. APIF, MOTION CARRIED. 13. MOTION by Orr, second by Kuchera that the 1st National Bank of Farmington, 1st State Bank of Castle Rock, Premier Bank of Farmington and the 4M Fund be designated as the official depositories from January 4, 1993 to December 31, 1993. APIF, MOTION CARRIED. 14. The Council By-Laws were reviewed and the following issue was raised: a. Changing the meeting night. 15. MOTION by Rotty, second by Kuchera that all sworn personnel in the Farmington Police Department be designated as process servers for the calendar year 1993. APIF, MOTION CARRIED. -,.._,,~. 16. MOTION by Orr, second by Galler that the following bonds now on file in the office of the City Clerk be approved: United Fire and Casualty Public Employees Blanket Bond 1/1/93 thru 12/31/93 - $50,000 APIF, MOTION CARRIED. 17. MOTION by Galler, second by Kuchera to adopt RESOLUTION NO. R1-93 establishing fees and charges for licenses and permits as recommended with the following changes: a. Building - Moving - Surety - Actual cost as estimated by the Zoning Officer. b. Solid waste rates to remain the same ($49/quarter). c. Clarify that Park Dedication fees (20%) is part of Park Dedication. d. Increase Administrator's hourly rate $20 per hour and the remaining staff (except the Secretary/Clerk) by $10 per hour. (Mandatory Information Requests) 18. The Council discussed the appointment process for Board and Commission vacancies. 19. MOTION by Galler, second by Kuchera to appoint Councilmember Orr to the ALF Ambulance Board. VOTING FOR: Kuchera, Galler, Rotty, Ristow. ABSTAIN: Orr. MOTION CARRIED. 20. The Council reviewed the Open Meeting Law. 21. The Council reviewed the Water Board's meter installation hardship policy. Administrator Thompson stated that there appeared to be a large disparity between the Council's intent and the Water Board's policy. Councilmember Galler stated he was concerned with the financial statement requirement and only allowing "plumbing" hardships. Councilmember Rotty stated it appeared the Water Board did not listen to the Council's concerns. A lengthy discussion followed. The Council invited the Water Board to attend the next Council meeting to discuss the following concerns: a. financial statement requirement, b. establishing some type of criteria for hardships, c. upper dollar limits, and 32 Council Minutes - 1/4/93 - Page 4 d. limitation of only "plumbing" related hardships. 22. The Council considered a request by the HRA to update the 1st and Main Streets feasibility report. MOTION by Rotty, second by Galler to adopt RESOLUTION NO. R2-93 ordering the update of the Elm Park public improvement project contingent upon the HRA agreeing to pay for the update. APIF, MOTION CARRIED. 23. It was the consensus of the Council to conceptually approve the recommendation for a MUSA swap as noted in the December 29, 1993 memo contingent upon Planning Commission review and notification of property owners. 24. Councilmember Galler distributed the minutes and by-laws for the area-wide enhancement group. No action was taken at this time. 25. The Council next considered a request to share costs on a downtown directional sign. Councilmember Ristow stated if there was a sign in place, and it was sub- sequently removed, MnDOT would replace it for free. Councilmember Galler stated the HRA or EDC should also be approached for funding. .-' 26. The following items were discussed: a. Possible changes in meeting with School Board from 1/20/93 to 1/21/93. b. Staff to prepare a list of unfunded State mandates. c. City has moved into "Abels Auto Body" site. d. Future meeting in Pine Knoll - street improvements. e. Prioritize CIP - special meeting. f. Request by Howard Haffner to bill Bible Baptist Church for the garbage bill. g. Place minutes on the consent agenda. h. Move consent to the beginning of the agenda. i. Update on Malinski property - Farmington Preserve. j. Update on Very Low Density. 27. MOTION by Orr, second by Kuchera to adjourn into executive session to discuss a mediation agreement relating to Solid Waste personnel disciplinary action. APIF, MOTION CARRIED. 28. MOTION by Ristow, second by Orr to adjourn at 10:45 P.M.. APIF, MOTION CARRIED. ~pectfullY submitted, ~iT ~~r - Larry Thompson City Administrator Approved ~ ()..g Q..,~ a JJ 1B~