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HomeMy WebLinkAbout11.16.81 Council Minutes 7 MINUTES COUNCIL MEETING REGULAR NOVEMBER 16, 1981 1. The Mayor called the meeting to order Present: Mayor Stegmaier, Councilmembers Absent: None Al so Present: at 7:00 P.M. Cookt Kelly, Kuchera, Orr Administrator Fordt Attorney Gorgos 2. Mot ion by Ke II y, second by Cook to approve the mi nutes of November 2, 1981 as presented. APIFt motion carried. 3. The Mayor then opened the public hearing in the matter of the amended assessment rQ11 #106, notice of which had been previously published. The City Administrator informed the Council that the need to amend this roll arose from an agreement made previously betweent on the one hand, Felix Tillges, and on .the other, Mr. Harrington and Mr. Jackson, and resulted in a move of approximately $7,300 from the Tillges parcels to the Harri ngton-Jackson parce Is. He further informed the Counc i1 that he had met with Mr. Harrington and Mr. Jackson and they had expressed their agreement to the amendment. Motion by Orr, second by Cook to adopt Resolution No. R69-81 which adopts the amended assessment roll #106. APIF, motion carried. 4. The next item on the agenda was listed as "Fire Department Expanslon". Several members of the Fire Department were present and raised the question with the Council of possible expansion of fire facilities. This led to a general discussion among members of the Fire Department and of the City Council. Specific subjects discussed were: 1) Expansion and/or relocation of fire facilities. 2) Additional equipment for the fire department. 3) Fire Department office space in City Hall. As a result of this general discussion the Council set a special meeting which would be provided as a work session to discuss only this subject for 7:00 P.M.t Thursday, December 3, 1981. 5. The Mayor then called to order at 7:30 P.M. the public hearing to consider proposed amendments to the zoning ordinancet notice of which had been published earlier. Motion by Orr, second by Kuchera to adopt Ordinance No. #081-122, an ordinance amending the Zoning District Map by amending theF-2 flood plain district north of Spruce Street and west of Division Street by relocating the west boundary line of same to the . west approximately 240' to include the Farmington Ice Arena. APIF, motion carried. Motion by Cook, second by Orr to adopt Ordinance #081-123 an ordinance amending the Zoning District Map by amending the F-2 flood plain district south of Elm Street and west of Division Street approximately 100' to the west to include the River's Edge Medical Clinic, APIF, motion carried. Motion by KellYt second by Orr to adopt Ordinance #081-124 an ordinance amending Tltle lOt Chapter 2, Section 1, paragraph 2 by changing the date 8 of June 20, 1978 to September, 1978 in reference to the City Flood Insurance Study. APIF, motion carried. Motion by Kuchera, second by Kelly to adopt Ordinance No. #081-125 an ordinance amending the Zoning Map by zoning for the first time, newly-annexed land on petition of LaVerne & Steven Frandrup. APIF, motion carried. Motion by Kuchera, second by Cook to adopt Ordinance No. #081-126 an ordinance amending the Zoning Map by initially zoning land recently annexed and, owned by Robert A. and Jeanine Erickson. APIF, motion carried. 6. A current updated survey by registered surveyor Del Schwanz was shown to the Council which applied to the Reisinger property at the northwest corner of Spruce and Division. The updated survey showed the location of the Vermillion River in relation to the boundary lines of that parcel. The Administrator informed the Council that it was his intention to instruct the City Engineer to change the base map on the basis of this reliable and current information to reflect the location of the River as shown on the survey unless he was directed differently by the Council. 7. Motion by Orrt second by Cook to adopt Resolution No. R70-81 which certifies to the County Auditor a list of delinquent municipal services to be added to the tax statements. . APIF, motion carried. 8. The staff presented to the Council a proposed agreement between the City and the firm of Steele and Adkins which would set forth the terms by which that firm would be the designated towing service to be used by the Police Department in the City of Farmington. Other rep~ resentatives of other firms were in the audience and a general discussion resulted between them, the staff, and the Council. It was decided not to act on the recommendation of the Police Chief in regard to this towing agreement but instead to readvertis.e for the invitation of proposals and to present them for consideration along with the staff recommendations at the regular meeting of December 7t 1981. 9. Motion by KellYt second by Kuchera to adopt Resolution No. Rll-81 authorizing the City Administrator to execute the standard annual agreement between the City and the Minnesota Department of Transportation governing the removal of snow on State Highways which are also City streets. APIF, motion carried. 10. Motion by Orrt second by Kelly to approve payment of partial estimate No.2 to the Austin P. Keller Construction firm for Contract No. 1981-1 in the amount of $130,301.52 which provides for a 5% retain- age upon recommendation of the City Engineer. APIFt motion carried. 11. Motion by Cook, second by Stegmaier to approve the payment of partial estimate No.1 to the B-TU-MIX firm in the amount of $8t573.42 which provides for 5% retainage on Contract No. 1981-3. APIFt motion carried. 9 12. Mr. Tom Mosby, at 1002 First Street, appeared before the City Council to challenge the language of the City Ordinance regarding dog kennels. He informed the Council that he did own three dogs at that residence and that his interpretation of the ordinance said that it was allowed unless the dogs were used for breeding, sale, or sporting purposes, none of which applied to his animals. The City Attorney advised the Council that the ordinance language was clear in that it intended to prevent the keeping of more than two dogs in a residential area. The result of the discussion was the Council concurred with the opinion of the City Attorney, and that the ordinance was being enforced properly. 13. Motion by Stegmaier, second by Orr to waive the building permit fee of $155.85 for the HRA, Senior Citizen Building. APIF, motion carried. 14. The Council considered the application of Mr. Lawrence Schweich for an on-sale liquor license and Sunday liquor license for .his business at 309 Third Street called the Grain Exchange. Staff informed the Council that the applications were in ordert background checks had been made, and the necessary fees had been attached to the application. The applicant stated to the Council that the following valuations would apply: Building - $51,750, remodeling - $20tOOO, equipment - $43,000; Sub-Total - $11.4,750, and land $8t250t Grand Total - $123tOOO. The floor plan presented to the Council demonstrated that the seating capacity exclusive of the bar would be well above the 100 required by the ordinance. Motion by Kelly, second by Orr that the on-sale liquor license be granted.effective January 1, 1982. APIF, motion carried. 15. Motion by Kelly, second by Orr that the Sunday On-sale liquor license for the Grain Exchange be granted effective January 1 t 1982. APIFt motion carried. 16. The Council reviewed a .memorandum from the City Administrator dated November 11, 1981 in which he informed the Council that the Metropolitan Council has asked permission of the City to take test borings in a City street right-of-way. The test borings would be necessary in the Sludge/Ash siting review process conducted by the MetropOlitan Council. The City Council was informed that they legally could withhold permission, however, the City Attorney informed the Council that it would be a relatively easy obstacle for the Metropolitan Council to overcome in that they could simply go into court for a writ of mandamus and inasmuch as the street right-of-way was already public and the test borings were related to a public use, there was no reasonable assumption that the court would deny permission. It was the general consensus of the Council that although the City has been on record as opposing any selection of a Sludge/Ash site in Farmington and particularly Site #10, it would not accomplish anything by with- holding this approval. Motion by Orrt second by Kuchera that the City Administrator advise the Metropolitan Council that permission has been granted to the Metropolitan Council for the purpose of taking test borings west of Flagstaff at approximately 197th Street. APIF, motion carried. 10 17. Motion by Kuchera, second by Kelly to approve the payment of bills as presented. APIF, motion carried. 18. Mr. Pat Akin, who was in the audience, explained to the Council that timing did not allow him to be put on the agenda, but he was appearing to extend to the Council an invitation to a presentation by the Farmington Choral Group on the 6th of Decembert 1981. 18. Motion made and seconded to adjourn at 9:45 P.M. Respectfully submitted, ~~y..~ Wi 11 iam J. Ford City Administrator APPROVED: J 'J- /1 /8-/ I WJF/sz