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HomeMy WebLinkAbout11.15.82 Council Minutes 11.(S MINUTES COUNCIL MEETING REGULAR NOVEMBER 15, 1982 1. The Mayor called the meeting to order at 7:00 P.M. Present: Mayor Stegmaier, Members Cook, Kelly, Kuchera, Orr Absent: None Also Present: Administrator Ford, Attorney Gorgos, and Bill Moore of the Metropolitan Waste Control Commission. 2. Motion by Cook, second by Orr to approve the minutes of November 1, 1982 as presented. APIF, motion carried. 3. At 7:00 P.M., the Mayor opened the public hearing, which had been continued from November 1, 1982 concerning the request of rezoning of property at 104 Main Street submitted by Mr. Richard Hansen. Views were exchanged among members of the audience and members of the Council. Tom Ryan, a member of the Planning Commission, spoke in favor of the rezoning and to a question put to him by a member of the Council, it was pointed out that Mr. Ryan was the single vote on the Planning Commission in favor of the rezoning, that the matter had come to the Council with a recommendation to deny from the Planning Commission. After al I parties had been heard, the Mayor closed the public hearing. Motion by Orr, second by Cook that the request for rezoning be denied. APIF, motion carried. 4. The City Attorney informed the Council that he had submitted the necessary changes in the proposed Cable Television Ordinance to the State Cable Board and that adoption of the ordinance was now in order but could only be done following a public hearing. The Administrator informed the Council that the State Board had notified the City that a report from the local Cable Television Advisory Commission must be submitted to the State Board prior or along with the adoption of the ordinance. The Administrator was instructed to inform the Farmington Cable Advisory Commission to prepare a report and submit it to the the Administraton no 'later than December 3, 1982. The report then would be in the hands of the Council members prior to the public hearing which the Council intended to set. Motion by Orr, second by Cook that a public hearing be set for December 6, 1982 at 7:00 P.M. to consider the adoption of an amended Cable Television Ordinance. APIF, motion carried. 5. The Council then took up the matter concerning a Step 3 in the Infiltration/ inflow rehabilitation program which involved federal and state grants to rehabilitate municipal sewer lines. Mr. Bill Moore, engineer with the Metro Waste Control Commission, reviewed the history of this program in which he explained the first two steps of this program had now been completed, and that funds were available from the federal and state governments to pro- ceed with the third step. The third Step would involve the actual work of rehabilitating the lines at a cost of $315,073 for which the City would be liable for 10%. The Council IS attention was called to a memorandum dated November 4, 1982 from the City Administrator. The Council was cautioned not to proceed with agreement to accept the grant and do the work without first determining definitely how the interim financing would be provided. The Council asked the City Administrator to contact the bond consultant for the City to determine whether or not there existed alternative methods of interim financing. Mr. Moore informed the Council that a cutoff date for the Council IS decision to come to the MWCC had been established as December 1, but now he informed them 1- A 1.. Council meeting of November 15, 1982 - continued that it could be delayed to January 1, 1983. The Administrator was instructed to put this matter on the agenda for the meeting of December 6. 6. Motion by Orr, second by Kuchera to adopt Resolution No. R35-82 which requests the County Board of Dakota County to consider blacktopping County Road #31 from Ash Street in Farmington so~h to the proposed new south boundary of Farmington as a result of annexation, and further, having submitted that resolution to the County Board, a copy to be sent to the Eureka Town Board asking them to join in this request. 7. The Council reviewed a memorandum submitted to them by the City Administra- tor dated October 26, 1982 which pointed out several ambiguities and conflicts within the ordinance dealing with commercial excavations. These problems arose following the submission of an application for commercial excavation permit from Mr. James R. Jensen and from Mr. Daniel G. ReisJnger. The Council withheld action on the permits and requested the City Attorney to present a completely rewritten ordinance dealing with commercial excavations to be submitted to the Council December 6, 1982. 8. In the matter of the purchase of the site for a future fire facility, the Council took official notice of the result of the special question put to the voters at the General Election of November 2, 1982. The vote was affirmative and thereby made possible the borrowing of money for this purpose. Motion by Kelly, second by Orr that the Council proceed and conclude the acquisition of the site from Mr. Dale Neilan under the terms of the previously executed purchase agreement. APIF, motion carried. 9. Motion by Kelly, second by Cook that the funds be provided for the above purchase by borrowing the money from the First National Bank of Farmington in accordance with the terms set forth in a memorandum from the City Administrator to the Council dated November 9, 1982. APIF, motion carried. 10. The Council took a short recess, and then reconvened. 11. The Council briefly examined two sets of proposed Council by-laws and decided that no action be taken now but that each member take copies of the two sets with them and each make notations as to corrections, deletions or additions and to bring the results back to the Council table at the meeting of December 6, 1982. 12. Mr. Jack Benedict, a developer proposing to plat in the R-4 zoning district in the north end of Farmington, was seeking from the Council their decision whether within the plat there should be parkland or whether a cash donation should be required. The Park & Recreation Commission had recommended to the Council that cash be required. A lengthy discussion followed. Motion by Orr, second by Kuchera that within the proposed Benedict Plat the Council require the contribution of parkland to be located in the .extreme southwest corner of the plat abutting on County State Aid Highway #31 directly opposite the Hill-Dee subdivision and Hill-Dee park. APIF, motion carried. 13. Motion by Kelly, second by Cook to accept the recommendation of the City Administrator and to change the title of Deputy Treasurer to that of Finance Director to include the duties and title of Deputy Treasurer effective November 16, 1982. APIF, motion carried. 14. Motion by Orr, second by Kelly to adopt Resolution No. R36-82, a resolu- tion certifying to the County Auditor a list of municipal service delinquen- cies for levy to the tax roles, collection 1983. APIF, motion carried. 115 Council meeting of November 15, 1982 - continued 15. The Administrator was requested to look into the possibility of a recommended increased rate of interest and/or penalty for late payments and to submit that recommendation to the Council at the organizational meeting of 1983. 16. Motion by Cook, second by Kuchera to officially accept the resignation of City Administrator, William J. Ford, submitted to the Council in writing on November 3, 1982. APIF, motion carried. 17. Motion by Orr, second by Kelly that the City approve payment at this time in the amount of $7,200 which was owed to Mr. Ford and which would otherwise be paid over the next four years. Voting for: Stegmaier, Kelly, Orr. Voting against: Cook, Kuchera. Motion carried. 18. Motion by Kuchera, second by Orr to adopt Resolution No. R37-82, a Resolution in Cooperation with the State of Minnesota for Snow Removal on TH #50. APIF, motion carried. 19. Motion by Orr, second by Kelly to approve the payment of bills as presented. Voting for: Stegmaier, Cook, Kelly, Orr. Present but not voting: Kuchera. Motion carried. Mr. Kuchera explained he did not vote bacause his name was on the list of bills for payment. 20. The Council then took up the memorandum from Deputy Treasurer Wayne E. Henneke informing the Council of the increase in premiums for Blue Cross/Blue Shield Group Medical Insurance for City employee~ Starting December 1, 1982 the total increase per year would amount to $1,791.24. The decision requested of the Council at this time was what portion if any would be borne by the City as opposed to the employee. Motion by Orr, second by Cook that the total increase in hospitalization premiums be passed to the employees and no portion thereof paid by the City. APIF, motion carried. 21. The next item on the agenda was an application for bi llboard from the Downtown Bake Shoppe located at 212 Oak Street. The owner, Mr. Carroll Westenberg, wished to put a temporary (30 day) illuminated sign on Elm Street one block north of his business. It was pointed out that under the ordinance a sign advertising a business not located on the same site as the sign, is considered a billboard and the ordinance therefore would not permit this application because billboards are allowed only in the R-A and 1-1 zoning districts. The proposed location of this sign was in a B-2 district. A lengthy discussion followed. Motion by Orr, second by Kelly that the Council make the determination that the proposed sign in this case constituted a IItemporary billboard'l and that the ordinance was mute on this particular subject and therefore the erection of the temporary sign at the location indicated should be permitted. APIF, motion carried. 22. The next item on the agenda dealt with the property located at 308 Walnut, owned by Mr. David Price, who was in the audience. The situation was reviewed for the Council and described as a house which was under remodeling and recon- ditioning with a building permit issed on October 27, 1982, but the process of remodeling had rendered the building unsafe and hazardous to the public and that all efforts by City staff including the Police Department had been to no avail to have the situation corrected. The matter was not before the Council recommending that legal action be taken by the Council. Motion by Kuchera, second by Kelly that the City Attorney be authorized and directed to take the necessary legal steps to have the subject building boarded up within 10 days and to put the building and the property in a safe and sightly condition within 20 days. APIF, motion carried. 116 Council meeting of November 15, 1982 - continued 23. The Council then dealt with a similar situation concerning the property at 600 2nd Street. Motion by Kelly, second by Orr that the City Attorney hereby be authorized and directed to proceed in an action concerning the building at 600 2nd Street identical to the directions given to him in the matter above. APIF, motion carried. 24. Motion made and seconded to adjourn at 10:35 P.M. Respectfully submitted, ~~/-~ \n II i am J . Ford' City Administrator APPROVED: /d-/tp lid-. WJF/sz