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HomeMy WebLinkAbout07.20.87 Council Minutes MINUTES COUNCIL MEETING REGULAR JULY 20, 1987 1. Mayor Akin called the meeting to order at 7:00 P.M. Members Present: Akin, Kelly, Mayer, Sprute, Uhl Members Absent: None Also Present: Administrator Thompson, Attorney Grannis 2. Motion by Sprute, second by Kelly to approve the agenda with the following changes: a. Add Public Hearing amendment changing to commercial. b. Remove items 11a, lIe, 11g, & 11h from the consent agenda discussion. motion carried. at 7:15 P.M. to consider Comprehensive Plan a portion of Block 17 from low density residential for general APIF, 3. It was the consensus of the council to approve the minutes of the July 6, 1987 regular council meeting. 4. Motion by Mayer, second by Kelly to approve the consent agenda as follows: a. Approve final pay estimate - 1987 seal coat project. b. Approve Capital Outlay request - Park and Recreation - Rambling River Park c. Approve request to attend school - Police Department d. Approve capital outlay request - Police Department e. Approve capital outlay request - Finance Department f. Approve payment of the bills as submitted. APIF, motion carried. 5. Mayor Akin stated that after lengthy deliberation the American Legion had purchased the Black Stallion restaurant. The Council wished them luck in the utilization of the building. Motion by Akin, second by Sprute to approve the transfer of the American Legion Club and Sunday Liquor license to 10 N 8th St. APIF, motion carried. 6. The council next considered a proposal by the Police Chief to convert an impounded motorcycle for department use to pursue off the road vehicles. Administrator Thompson stated while the proposal had certain merits, he was concerned about potential liability and future maintenance. Motion by Akin second by Sprute to deny converting the motorcycle for departmental use and to dispose of the vehicle in the normal manner. APIF, motion carried. 7. Mayor Akin opened public hearings to consider the rezoning of lots 1-3, the east 40 feet of 4 and lots 10-13, Block 17, Town of Farmington from R-2 and B-3 to B-2 and Comprehensive Plan amendment from Low Density Residential to Commercial. Mayor Akin continued the hearing on the Comprehensive Plan amendment until later in this meeting. Administrator Thompson gave a overview of the rezoning and proposed projects and indicated that the HRA and Planning Commission had endorsed the rezoning and projects. The following testimony was given: Mayor Akin: Could you describe the property in common terms. Admin. Thompson: Approximately the ~ block west of the Railroad tracks with Elm Street on the North and Oak Street on the South - Green duplex, Bob's Mobil, Eisele, Gudim, Jensen and Kindseth properties. Mayor Akin: Has alley issue been resolved? Bob Williamson: Planning Commission made no recommendation to vacate alley. Tom Wilson: Don't rezone district without getting commitment from developer. I don't want my taxes to go up. Admin. Thompson: I don't believe your taxes would increase with the rezone. Mayor Akin: This area has generated considerable discussion since the HRA expressed interest in developing the area. The Hardees seems like a proper project. The major question with the housing is the proximity to the Railroad tracks. Alice Falls: The trains are noisy now and there may be more in the future. "Babe" Kuchera: Train noise has increased considerably along with traffic noise on T.H. 50. It wouldn't hurt Hardees, but I don't think the housing is proper. I wouldn't like the housing to be vacant because of the noise. I like the Hardees type of development and housing but housing should be placed in another location. Mayor Akin: I'm sure the developer is aware of the noise. Mr. Kuchera: I would hate to see the project fail. Mayor Akin: There is always a chance of failure in any development. Mr. Wilson: I own another apartment next to railroad tracks and it seems the tenants always get used to the noise. Lee Hawkins: What type of screening will be required? Admin. Thompson: This hearing is for the purpose of considering the rezoning not the actual projects. Screening issues will be considered when the respective developers ask for a conditional use or building permit. Mayor Akin: It is important to remember that this hearing is not for the actual project. If the property is rezoned any developer could use the property for any permitted use under the zoning ordinance. If the rezoning is approved the proposal by Hardees would be a permitted use. Councilman Mayer: This hearing will not consider screening issues. Mr. Hawkins: Will weeds be taken care of if property is not developed. Mayor Akin: That will be up to the HRA and City enforcement. Councilman Mayer: The property owned by the HRA hasn't been perfectly maintained but you have to remember the property is scheduled for develop- ment. Property owned by the HRA not scheduled to be developed has been maintained. Will the police be able to control additional traffic in the area Lloyd Farver: Council minutes 7/20/87 cont. Mayor Akin: Mr. Farver: Mayor Akin: Mr. Kuchera: Mr. Hawkins: Legitimate concern. City will have to monitor. If you notice a problem, call the Police Department. What about litter? We have encountered problems like this in the past, again it will have to be monitored. The alley should not be vacated. I need it for access to my property. The project will generate more traffic in the alley. Admin. Thompson: The developer has proposed dedicating a turn around area. Mayor Akin: Mr. Hawkins: Mayor Akin: Ralph Day: Mr. Kuchera: The alley traffic could be a big problem. It may be necessary to restrict the vehicles. How would you enforce it? I don't know at this time. Why don't you rezone the west ~ of lot 4 and use it for an alley? That is where my house is. Councilmember Mayer: Is rezone contiguous with similar zoning? Admin. Thompson: Yes. Councilmember Mayer: The issue before the council is not Hardees or Dominium but the rezoning. Councilmember Kelly: I would like to see alley remain open. Councilmember Uhl: I am in favor of the rezoning. Councilmember Sprute: Many legitimate concerns have been raised, but I am sure they can be worked out. Mayor Akin closed the public hearing. Mr. Kuchera read a statement welcoming Hardees to the west side of Farmington. Motion by Mayer, second by Kelly to adopt ORDINANCE NO. 087-190 rezoning lots 1-3 and the E 40 feet of lot 4 and lots 10-13, Block 17, Town of Farmington from R-2 and B-3 to B-2, with the acknowledgement that any development of the site would require a screening and landscaping plan. APIF, motion carried. 8. Mayor Akin reopened the public hearing to consider the Comprehensive Plan amendment. No testimony was received. Mayor Akin closed the hearing. Motion by Kelly, second by Uhl to adopt RESOLUTION NO. R51-87 amending the Farmington Comprehensive Plan to change lots 1-3, east 40 feet of Lot 4 and lots 10-13, Block 17, Town of Farmington from low density residential to commercial. APIF, motion carried. 9. The council next considered a proposal by the HRA to amend the EDC Joint Powers agreement. Administrator Thompson reported that the HRA had approved a rider to the agreement which reduced the Chamber of Commerce's contribution to 0%, which would be reviewed annually. Mr. Thompson added that the HRA felt it was extremely important that the Chamber retain its vote. Mayor Akin felt it was important that all parties retain their vote and the EDC continue to function as is. Mayor Akin suggested that in order for the parties to quit arguing over who pays the bills, that the HRA fund the entire budget. Mayor Akin stated that one of the primary goals of the HRA was economic development. Robert Boeckman and LaDonna Riste stated the idea had merit. Councilmember Sprute stated that under the HRA, the City's cost would only increase by $1000 and sug- gested that HRA's proposal be approved and the Mayors suggestion be considered for 1988. Councilmember Mayer felt that it was important that the original concept of paying members be returned. Councilmember Mayer stated that he was willing to compromise with the Chamber not paying. Ms. Riste stated that it was the intention of the Chamber to contribute when its financial condition allowed it. EDC Executive Director Williamson stated that the Mayor's pro- posal was interesting but suggested that it be studied further. Mayor Akin stated that it could not hurt offering the proposal to the HRA. Councilmember Sprute stated that he could not support it. Motion by Akin, second by Kelly not to support the concept of allowing non-contributing members to vote. Voting for: Akin, Kelly, Uhl. Voting against: Mayer, Sprute. Motion carried. The matter was referred back to the EDC. 10. The council next considered a proposed false alarm ordinance. Fire Chief Kuchera and Police Chief Whittingham stated that false alarms were becoming a problem and were costing the city not only in terms of equipment and salaries, but also frustration in being called out for false alarms. Councilmember Sprute felt the fees were too low. Mayor Akin suggested the fees be reduced annually. Administrator Thompson offered a number of housekeeping amendment, including the review of fees on an annual basis. Motion by Kelly, second by Mayer to adopt ORDINANCE NO. 087-191 relating to false alarms with the house- keeping amendments. APIF, motion carried.~ 1~2'---.. ___K?~ - ~l 11. The council next considered the Park renaming policy proposed by the Park and Recreation Advisory Commission. Several questions were raised regarding the intent of some of the policies. The council directed the Park and Rec Director to refine the policy and return it to the Council. 12. The council next considered a proposal by the Soil and Water Conservation District to provide soil erosion control services. Concern was expressed regarding the District involvement in enforcing soil erosion measures. The matter was tabled until a future meeting. 13. Councilmember Sprute questioned the expenditures of $1000 for regrading the Dakota County Estates park. Park and Recreation Director Bell stated that the developer had graded the park to the approved grading plan, but it was not suitable for a ball field. Mr. Bell noted that it was not known that the area would be used as a ball field when the grading plan was approved. Councilmember Sprute stated that the plan should have been amended. Mayor Akin stated that hindsight was 20/20 and that the project had the benefit of removing the black dirt from the fire hall. Motion by Kelly, second by Uhl to approve the capital outlay request as proposed. Voting for: Kelly, Uhl, Akin, Mayer. Voting against: Sprute. Motion carried. 14. It was the consensus of the council to table action on the Police Comp time proposal until the City Attorney renders his opinion. 15. The council next considered a request by the Chamber of Commerce to install Christmas Decorations on City Light poles. Councilmember Mayer noted that the EDC originally proposed replacing the decorations. Motion by Kelly, second by Mayer to approve the Chambers request. APIF, motion carried. Council minutes 7/20/87 continued. 16. Motion by Akin, second by Uhl to approve an amendment to the Akin Park Estates Developer's Agreement relating to Surface Water Management contribution. APIF, motion carried. 17. Mayor Akin called a special meeting on July 27, 1987 at 7:00 P.M. to discuss: a. Levy limit b. Capital Outlay c. Revenue Sharing d. Compensation plan 18. Motion by Sprute, second by Kelly to adjourn at 10:30 P.M. APIF, motion carried. LT/kf APPROVE~ i M ~ 1 /L'Q\\QI1 ~ 0-'~Vb