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HomeMy WebLinkAbout03.17.86 Council Minutes 147 MINUTES COUNCIL MEETING REGULAR MARCH 17, 1986 1. Mayor Akin called the meeting to order at 7:00 P.M. Present: Akin, Kelly, Mayer, Orr, Sprute. Absent: None. Also Present: Administrator Thompson, Attorney Gorgos. 2. Motion by Sprute, second by Kelly to approve the agenda with the following addition: a. Discuss City Attorney suspension. APIF, motion carried. 3. It was the consensus of the Council to approve the minutes of the March 3, 1986 regular meeting. 4. Mayor Akin opened a public hearing to consider the reV1Slon of the zoning ordinance, which had been continued from February 18, 1986. Administrator Thompson presented a summary of the ordinance prepared by City Planner Charles Tooker. Mr. Thompson explained that no major changes were included in the re- vision. Administrator Thompson stated that language had been added which would allow the Zoning Officer to set public hearings for variances and conditional uses. Administrator Thompson added that the ordinance would transfer the mineral extraction regulations to Title 3 - Business Regulations. Councilmember Mayer asked if the Council could require that accessory apartment uses be owner occupied. Attorney Gorgos stated that he didn't believe such a requirement would be en- forceable. Councilmember Mayer indicated that he did not think that boarding house:; should be listed as a conditional use in R-2 zones. Administrator Thompson stated that boarding houses were not presently addressed in the zoning ordinance and therefore could not be controlled. Mr. Thompson suggested that at a minimum, boarding houses should be defined in the ordinance and then listed as a permitted, conditional or non permitted use. Councilmember Mayer stated that boarding houses should not be permitted. Councilmember Sprute stated"that lack of parking restrictions could cause problems with on street parking. Councilmember Orr and Mayor Akin stated that the Planning Commission would address parking with- in the conditional use permit. Mayor Akin closed the public hearing. 5. Motion by Orr, second by Kelly to adopt Ordinance No. 086-177 making a com- prehensive revision of the zoning ordinance as presented. Motion by Mayer, second by Sprute to amend the ordinance to include the definition of boarding house, but to delete boarding house as a conditional use, and to list boarding house as a non permitted use in Chapter 3. Voting on the amendment: Voting for: Mayer, Sprute. Voting Against: Akin, Kelly, Orr. Motion failed. Voting on the original motion: Voting for: Akin, Kelly, Mayer, Orr. Voting against: Sprute. Motion carried. 6. Motion by Sprute, second by Kelly to set a public hearing for April 7, 1986 at 7:15 P.M. at City Hall to consider the on-sale liquor and on-sale Sunday liquor license applications of Kenneth LaBeau, CEO and President of Desert Enterprises, Inc. dba Grain Exchange. APIF, motion carried. It was the consensus of the Council that the license fee be pro rated at 75%. 148 7. Motion by Mayer, second by Sprute to adopt Resolution No. R16-86 proclaiming April 5 - 12, 1986 as the TV11 Health Fair week at Sanford Memorial Hospital. APIF, motion carried. 8. Motion by Akin, second by Orr to adopt Resolution No. R17-86 declaring April as Registration Awareness Month. APIF, motion carried. 9. Administrator Thompson presented a draft outline of a development agr.eement for a meat processing facility by AVID, Inc. Mr. Thompson explained that the outline was being presented for information only at this time and was not seeking any action. Economic Development Director Robert Williamson and Councilmember Kelly gave a brief report on their trip to Kansas City to inspect the proposed waste treatment facility. No action was taken. 10. Consulting Engineer Glenn Cook presented the feasibility report for va~ious municipal improvements to a portion of Dakota County Estates Second and all of Dakota County Estates Third. Mr. Cook stated that the total project costs were estimated to $1,053,330 with $964,870 to be assessed. Mr. Cook stated that the balance 1vould be paid by th~ storm sewer fund. Motion by Akin, second by Sprute to adopt Resolution No. R18-86 accepting the Feasibility Report on Sanitary Sewer, Storm Sewer, Water Main and Street Improvements for Dakota County Estates Second Addition - Phase I and Dakota County Estates Third. APIF, motion carried. 11. Motion by Kelly, second by Orr to adopt Resolution No. R19-86 setting a public hearing on April 7, 1986 at 8:00 P.M. at City Hall to consider the above- mentioned improvements. APIF, motion carried. 12. Administrator Thompson presented staff recommendations for addressing potential State and Federal revenue shortfalls in the 1986 operating budget. Administr&tor Thompson explained that certain expenditures would be placed on hold until the State and Federal revenues could be more accurately determined. It was the consensus of the Council to accept the recommendations as presented and to also include the $3,000 from the Liquor Fund Contingency and surplus. 13. The Council next considered a proposal by the Finance Director to upgrade the computer system. Mr. Henneke explained that the City's present computer was running out of space and needed to be expanded. Motion by Akin, second by Sprute to approve the purchase of an IBM AT for $4,748.20, the purchase of furniture and the requested budget adjustment. APIF, motion carried. 14. The Council next considered the request for prepayment of moving expenses by the City Engineer. Administrator Thompson indicated that the estimated expense would have to be backed up by invoices or claims for actual expenditures. Councilmember Sprute noted that the $.30/mile exceeded City policy. Also, Councilmember Sprute felt the payment for labor and miscellaneous supplies was inappropriate. Councilmember Orr stated that this should have been discussed before the offer was made. Motion by Akin, second by Mayer to approve prepayments of $750 for moving expenses to the City Engineer per employment offer. Voting for: Akin, Kelly, Mayer, Orr. Voting against: Sprute. Motion carried. 15. Motion by Orr, second by Akin to adopt Resolution No. R20-86 accepting a petition and authorizing the preparation of a feasibility report for public improvements in Terra Second Addition. APIF, motion carried. 16. Motion by Sprute, second by Kelly to approve the consent agenda as follows: a. Approve a request to attend school by the Finance Department. b. Approve payment of the bills as submitted. 149 APIF, motion carried. 17. The Council next considered the 1986 Street Improvement project as recommended by City Engineer Kaldunski. Mr. Kaldunski indicated that the projects would probably have to be initiated without a petition which would require a 4/5 vote to order the project. It was the consensus that the following streets be con- sidered for reconstruction: Oak Street Walnut Street Four:th Street Fifth Street Division to First Second to Third Oak to Maple Linden to lVillow Attorney Gorgos stated that in order to qualify as a project under M.S. 429 at l~ast 20% of the project would have to be assessed. I1otion by Akin, second by Orr to adopt Resolution No. R21-86 ordering a feasibility report for reconstructing the abovementioned streets. APIF, motion carried. 18. Motion by Orr, second by Kelly approving a request to attend a compression school by Park and Recreation Department. APIF, motion carried. 19. Attorney Gorgos informed the Council that he had been suspended from prac- ticing law for 6 months effective March 21, 1986. Mr. Gorgas stated that while he would not be able to practice law during that period, he would cooperate with whomever was selected as City Attorney. Administrator Thompson stated that County Attorney Robert Carolan had indicated that his office would take over the criminal prosecutions at no charge. Mr. Thompson added that he had contacted two law firms regarding civil matters. It was the consensus of the Council that the Administrator contact certain law firms and ascertain their interest ia representing the Council on civil matters. 20. Motion by Sprute, second by Mayer to adjourn at 10:00 P.M. APIF, ruoti~n carried. Respectfully submitted, City Administrator LT/mh Approved Ih/ft