HomeMy WebLinkAbout05.02.83 Council Minutes
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MINUTES
COUNCIL MEETING
REGULAR
MAY 2, 1983
1. The Mayor called the meeting to order at 7:00
Present: Mayor Akin, Councilmembers Cook, Kelly,
Absent: None
Also Present:
P.M.
Orr, Sprute
Administrator Thompson, Attorney Gorgos
2. It was the concensus of the Council to approve the minutes of the April 18,
1983 regular meeting with the correction that "Commissionerll should be .changed
to IICounc i lmember" in paragraph 11 and "Manufactured Hous i ng" be changed to
"Manufactured Homes" in paragraph 24, and to approve the minutes of the April 26,
1983 special meeting.
3. There were no comments from the public during the open time.
4. Discussion on Manufactured Homes was tabled until the Planning Commission
submits its recommendations.
5. Motion by Sprute, second by Cook to approve the application for abatement
by Gretchen Empey reducing the assessed value to $12,892. APIF, motion carried.
6. Attorney Gorgos presented the Attorney General IS opinion regarding the
Cityls obligation to pay the legal fees for Eugene Kucherals defense regarding
the allegations of violating the open meeting law. Mr. Gorgos stated that the
Attorney Generalis opinion stated that the City was not obligated to pay the
legal fees. Mr. Gorgos recommended that, based on the Attorney Generalis
opinion, the City not pay for the legal fees. Councilmember Sprute stated
,'llhat !the opinion did not forbid the City to pay the bill; the Council should
stand behind its members if they are acting in good faith. Mayor Akin stated
that the plaintiff should have consulted the City Attorney as to initiating the
law suit and that evidence pointed out that there was not sufficient grounds for
a valid case. Mayor Akin indicated that the legal fees appeared to be extreme.
Councilmember Orr stated that the City Attorney had been consulted, and he agreed
that the legal fees appeared to be high. Discussion was continued in order to
open the scheduled public hearing.
7. Mayor Akin opened a public hearing at 7:30 P.M. to consider the plat of
Fair Hill~ 1st and 3rd (proposed) and the rezoning of portions of Fair Hills
from R-3 to R-l. Mayor Akin continued the hearing.
8. Discussion continued on payment of Mr. Kuchera's legal fees. Councilmember
Sprute stated that he was in favor of the City paying for a reduced portion of the
legal fees, but did not wish to make a motion until he knew the exact amount
of the legal fees. Discussion was continued until the Administrator determined
the exact amount of the fees.
9. Mayor Akin reopened the public hearing on Fair Hills. Felix Tillges stated
that he would like to have the plat returned to the origin3l plat and zoning
because of current market conditions. The Planning Commission also recommended
that, due to a drafting error, Lots 4 & 5, Block 3, Fair Hills should be changed
from R-3 to R-l on the zoning map. Mayor Akin closed the public hearing.
10. Motion by Kelly, second by Cook to adopt R~solution No. R26-83, Approving
the replat of Fair Hills 3rd with the condition that the Developer pay for all
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Minutes of May 21 1983 Council meeting - continued
expenses associated with the changes to the water and sewer services.
APIF, motion carried.
11. Motion by Sprute, second by Orr to adopt Ordinance No. 083-144,
Rezoning Fair Hills 3rd from R-3 to R-l. APIF,motion carried.
12. Motion by Akin, second by Cook that the zoning map be amended to include
Lots 4 & 5, Block 3, Fair Hills in the R-l zone. APIF, motion carried.
13. Discussion continued on Mr. Kucherals legal fees. Administrator
Thompson stated that the bill for the legal defense was $4,040.72. Motion
by Sprute, second by Akin that the City pay $3,040.72 of the legal fees-for
Mr. Kucherals defense of the alleged open meeting law violation. Voting for:
Akin, Cook, Sprute. Voting against: Kelly. Abstaining: Orr. Motion
carried. Councilmember Kelly clarified her vote by stating that the bill
for legal fees should have been reviewed before action was taken.
14. Motion by Cook, second by Orr adopting Resolution No. R27-83, Authorizing
the City to participate in a grant with the Metropolitan Council for Phase I I I
of the Sewer Rehabilitation Project and funding thereof. APIF, motion carried.
15. Motion by Cook, second by Orr to acknowledge that the Sewer Rehabilitation
Project was designed to reduce the potential for sewer backups and not
eliminate them. APIF, motion carried.
16. Administrator Thompson presented a proposed ordinance which would incor-
porate the surface water management policy into the City Code. Motion by
Akin, second by Sprute to adopt Ordinance No. 083-145, Establish'ing-the contri-
bution to surface water management for new subdivisions. APIF, motion carried.
17. ~otion by Akin, second by Cook to call an executive session of the City
Council for May 9, 1983 at 5:00 P.M. in the Council Chambers. APIF, motion
ca r r i ed .
.
18. Motion by Kelly, second by Orr to approve the bills. APIF, motion carried.
19. Motion by Cook, second by Kelly to authorize the Administrator to attend
the S~ar Cities Conference. APIF, motion carried.
20. Motion by Akin, second by Sprute to issue a proclamation designating
May 20:~3 as Legion Poppy Sales Day. APIF, motion carried.
21. Mayor Akin commended the Farmington Chorale for the five music scholarships
awarded to area students.
22. The Council adjourned at 8:35 P.M.
Respectfully submitted,
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L ry Thomp n
. ity Admi Istrator
APPROVED :
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