HomeMy WebLinkAbout01.19.81 Council Minutes
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MINUTES
COUNCil MEETING
REGULAR
JANUARY 19 , 1981
1. The meeting was called to order by the Mayor at 7:00 P.M.
Present: Mayor Stegmaier, Councilmembers Cook, Cummings, Kuchera and Orr.
Absent: None
Also Present: City Administrator Ford and City Attorney Gorgos.
2. The first item on the agenda involved the on-going dispute between the City
of Farmington and the Minnesota Cable Television Board, involving the interpre-
tation of the law and whether or not the board had the authority to set aside
an existing contract between the City and Metro Cable, the franshisee. An
invitation had been issued to Mr. W. D. Donaldson, representing the Cable Board,
to explain the State's position in this matter. Also present was Mr. Lanny
Sparks representing Metro Cable, Incorporated. A lengthy discussion and exchange
of views between members of the Council, the staff and Mr. Donaldson followed.
Motion by Kuchera, second by Cook that the City hereby agree to voluntarily
amend its Cable Television Ordinance to conform with current guidelines published
by Minnesota Cable Television Board contingent upon the execution of a written
waiver by the current franchisee, Metropolitan Cable. Voting in favor: Kuchera,
Cook, Cummings, Stegmaier. Voting against: Orr. Motion carried.
3. Motion by Kuchera, second by Orr to approve the minutes of January 13, 1981
as presented. APIF, motion carried.
4. Motion by Kuchera, second by Orr to approve the attendance of Bill Hince
and David Dahl at the Minnesota Pollution Control Agency Seminar on Waste Water
Collections Systems to be held January 21 through January 23, 1981 in Bloomington.
APIF, motion carried.
5. Motion by Kuchera, second by Cook to approve the promotion of David Dahl
in the General Services Department from Maintenance Worker II to Maintenance
Worker II I, in accordance with the memorandum from the Deputy Treasurer, dated
January 13, 1981, and that any probationary period be waived. APIF, motion
carried.
6. The Council took note of the Deputy Treasurer's memorandum dated January 19,
1981 informing the Council of the upcoming retirement of Mr. Floyd Weea, Maintenance
Worker I I I, General Services Department. Motion by Orr, second by Cummings that
staff hereby be authorized to institute the process of securing the services
of a Maintenance Worker I at a starting salary of $6.76/hour, which upon success-
ful completion of a six month probationary period, will be increased to $7.44/
hour. APIF, motion carried.
7. Motion by Kuchera, second by Cummings to approve the purchase of the emergency
wiring for lift stations at a cost of $1,600 by Kelly Electric as budgeted in
the 1981 Capital Outlay Budget and further, to authorize the following budget
adjustment decrease street, curb and sidewalk repair $lOO, decrease wiring the
lift stations $400, new line item - purchase of quartz lights, City Garage $500.
APIF, motion carried.
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8. The Council discussed the memorandum by the City Administrator dated January
16, 1981, calling attention to the difficulty presented in the zoning ordinance
by not requiring a special exception in the R-A, R-2 and R-3 residential zoning
districts to convert a single family dwelling to a two family dwelling. This
matter was deferred to the next meeting at which time it was anticipated the
Planning Commission would have had a chance to discuss it.
9. Motion by Orr, second by Cook to adopt RESOLUTION NO. R10-81, accepting the
proposal of Erickson, Ellison and Associates to perform the require maxi
energy audit for the City of Farmington at a cost of $1,290. APIF, motion
carried.
10. An agenda item dealt with the response of the City of Farmington to a
summons received concerning the case of Siebenaler Vs the City of Farmington.
At the recommendation of the City Attorney it was decided that this matter would
be taken up at the close of this meeting in Executive Session under the client/
lawyer privilege afforded under the Open Meeting law.
11. The Council reviewed a memorandum from the City Administrator dated January
13, 1981, in which ~aspointed out. the effect that subsequent union negotiations
had had on the normal separation of pay between the sergeant and the top patrol
officer. The memorandum showed that due to the subsequent negotiations as of
January 1, 1981 the separation in pay was $11.33. Motion by Orr, second by
Kuchera that the pay for sergeant be established at $11.27 per hour, retroactive
to January 1, 1981 and further, that the 1981 Budget be adjusted to provide
an additional $4,035 into Police Department Wages, said money to be provided
by a transfer from the contingency account. APIF, motion carried.
12. A lengthy informal discussion on the Open Meeting law was conducted among
members of the Council and the City Attorne~ based on an informative memorandum
prepared by him, dated January 7, 1981. The one point cited by the City Attorney,
which attracted the most attention by the Council was the Attorney's position that
even written correspondence among members of elected officials would be in vio-
lation of the Open Meeting Law and the rightfully, to avoid such violation,
proposals by one member of the Council, to others, should be channeled through
the City Administrator's office.
13. Motion by Cummings, second by Kuchera to adopt RESOLUTION #R11-81, stating
that the Farmington City Council favors the position of the Minnesota Fire Chief's
Association concerning an amendment to the State Building Code, requiring
sprinkler systems under certain conditions. APIF, motion carried.
14. The Council then made the following appointments to Boards and Commissions:
Motion by Orr, second by Kuchera to appoint Robert Steele to another three
year term on the Cable Television Advisory Commission from 2/1/81 to 1/31/84.
APIF, motion carried.
15. Motion by Kuchera, second by Cook to appoint Harold Wieben to another two
year term as the Park and Recreation representation to the Human Rights Commission
from 2/1/81 to 1/31/83. APIF, motion carried.
16. Motion by Kuchera, second by Cook to appoint Norman Hansen to another two
year term to the at large seat, on the Human Rights Commission from 2/1/81 to
1/31/83. APIF, motion carried.
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17. An appointment to fill the vacant 2 year seat formally held by Donald Feely,
Jr., was deferred to the next meeting.
18. The Council took note of official correspondence received from the Metro-
politan Council informing the City of it's prerogative to enact ordinances to
control the construction, operation, monitoring and maintenance of the Waste
Facility of the MWCC and on the sale, storage, use and disposal of sewage sludge
on private property, if it so chose. It was the consensus of the Council that
no such control was needed. The City Administrator was also authorized and
directed to write a letter to the Metropolitan Waste Control Commission and Metro
Council urging them to encourage and facilitate the distribution and use of
sewage sludge coming from the Empire Plant in a more localized manner.
19. Motion by Orr, second by Cook that the bills be approved as presented.
APIF, motion carried.
20. The Mayor then announced that following adjournment of this meeting the
Council would go into Executive Session as recommended by the City Attorney.
21. Motion made and seconded to adjourn at 8:55 P.M.
Respectfully submitted,
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William J. Ford ~ .
City Administrator
APPROVED: