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HomeMy WebLinkAbout09.19.83 Council Minutes ~09 MINUTES COUNCIL MEETING REGULAR SEPTEMBER 19, 1983 1. The Mayor called the meeting to order at 7:00 P.M. Present: Mayor Aki n, Councilmembers Cook, Kelly, Orr, Sprute. Absent: None. Also Present: Administrator Thompson, Attorney Gorgos. 2. It was the consensus of the Council to approve the agenda as presented with the additions of the following: 1. The payment of bills under the consent agenda. 2. To consider a gaming license for Olde Tyme Amusements. 3. Administratorls evaluation. 3. It was the consensus of the Council to approve the minutes of the August 29, 1983 special session, with the correction that Councilmember Orr had an excused absence, and to approve the minutes of the September 6, 1983 regular session. 4. Merle Tobias asked if the financial statement for the ice arenals summer opera- tions included any property taxes. Finance Director Wayne Henneke indicated that there were no property tax revenues involved. 5. Robert Stegmaier Sr. asked if any decisions had been made at the special meeting held on August 29, 1983. Mayor Akin stated that the meeting was held primarily to inform the various townships and local units of government that the City was studying the surface water problem, and to receive any input from the various units of govern- ment. Mayor Akin stated that no decisions were made. 6. Motion by Sprute, second by Orr to approve the off-sale non-intoxicating beer license application of the Eaglels Club. APIF, motion carried. 7. Motion by Orr, second by Sprute to adopt Resolution No. R76-83 endorsing the memorandum of intent regarding the development of the Robert Adelmann property. APIF, motion carried. 8. Mayor Akin opened a public hearing at 7:15 P.M. to consider the proposed use of the 1984 Revenue Sharing Funds. The hearing was continued until later in the meeting. 9. Mayor Akin opened a public hearing at 7:15 P.M. to consider the proposed improve- ments of Fair Hills Phase IIA. Administrator Thompson informed the Council that due to an administrative error a notice had been published only once instead of twice as required by law, and therefore, the public hearing would have to be rescheduled at a later date. Motion by Akin, second by Cook to adopt Resolution No. R77-83 setting a public hearing to consider the proposed improvements to Fair Hills Phase IIA. APIF, motion carried. 10. Motion by Akin, second by Kelly to direct the City Engineer to begin preparing plans and specifications for the proposed improvements. APIF, motion carried. 11. Mayor Akin reopened the public hearing to consider the proposed use of Revenue Sharing Funds. Mayor Akin stated that it has been the past policy of the City Coun- cil to keep the funds for the general operating budget of the City. Robert Stegmaier asked what amount of funds were anticipated. Administrator Thompson indicated that the City anticipated to receive $29,727.00. Mayor Akin indicated that he would like 210 to see the funds dedicated towards capital outlay, and possibly contained in the revolving equipment fund. Councilmembers Orr, Kelly, Sprute and Cook concurred with the Mayor. Mayor Akin closed the public hearing. 12. Motion by Akin, second by Kelly to set a public hearing on October 3, 1983 at 7:15 P.M. at City Hall to consider the proposed use of the 1984 Revenue Sharing Funds. APIF, motion carried. 13. Robert Stegmaier and Ford Anderson were present to discuss the proposed race track facility in the northern part of the City. Mr. Stegmaier indicated that he had met with representatives of the Metropolitan Council and the State Horse Racing Commission and now was ready to proceed with the gathering of information for the siting process. Mr. Stegmaier indicated that it would require some of the City Planner and Engineer's time. It was the consensus of the Council to allow the City Planner and Engineer to gather certain information for the race track facility, but the time should be closely monitored. 14. Administrator Thompson presented a report on the downtown parking. The Council reviewed the report and offered several comments regarding the location of off street parking, and the enforcement of restrictive parking. It was the consensus of the Council that the Fischer property and the Railroad property appeared to be the two most favorable off street parking areas. It was also the consensus of the Coun- cil that the City should not enforce two hour parking by ordinance, but should be adhered to on the honor system. The Council also agreed that the City should estab- lish thirty minute parking areas in certain parts of the downtown. Motion by Akin, second by Kelly that the Administrator obtain the costs to lease and develop the Fischer property, and the General Services Director to order and erect four 30 minute P4rking signs to be located in the Duebers area and the Old Home Furniture area. APIF, motion carried. 15. Motion by Orr, second by Akin that the Administrator, General Service Direc- tor, and Police Chief redraft a proposed use of the Railroad property without using a one way street design, and to obtain the cost of developing the property. APIF, motion carried. 16. ~1oti on by Sprute, second by Kelly to approve the consent agenda as follows: A. Adopt Resolution No R78-83 appointing election judges for the special election. B. Approve the budget adjustment for election costs. C. Adopt Resolution No. R79-83 notifying the Dakota County Auditor to enforce the provisions of Minnesota Statute 564 regarding the transfer of property. D. Approve the request to attend the M.F.O.A. conference. E. Approve the payment of the bills. APIF, motion carried. 17. Motion by Akin, second by Kelly to approve the gaming device application for Olde Tyme Amusements for 40 machines,said fee to be prorated. APIF, motion carried. 18. The Council discussed the annual Administratorls evaluation. Councilman Orr in- dicated that the City Council had adopted a resolution in 1981 stating that the City Council was to evaluate the Admistrator position during September of each year. Mr. Orr stated that if the City Council chose to not enforce the provisions of that resolution, they should do it consciously. Discussion followed concerning the pros and cons of such an evaluation. It was the consensus of the Council that the evaluation should be made if it were used for constructive purposes. It was also the consensus of the Council to place this matter on the next regular meeting agenda. 211 19. Motion by Akin, second by Orr to approve the request to attend a Fire Fighter One school and to approve the budget adjustment of the Fire Department's schools and conferences. APIF, motion carried. 20. Motion by Akin, second by Sprute that because of the existing conditions at the entrance of the library, it is not feasible to honor the Library Board's request to landscape. APIF, motion carried. 21. The Administrator was directed to contact Northern States Power Company to ascertain how the conversion of mercury vapor lights to high pressure sodium lights would affect the downtown area. '\> <' ""'..~. '<~"'~, . 22. Mayor Akin i.nformed the City Council that the r~etro~itan pa;k"s'.J~ommission was planning to improve Spring Lake Park in Nininger Township at a cost of'between $11,000,000.00 and $15,000,000.00. Mayor Akin stated that the Nininger Township officials were very concerned about the project. Mayor Akin stated that if the Councilmembers wished to obtain further information they should contact Commissioner Harri s. 23. The City Council reviewed the 1984 operating budget. The various department heads were present to give their input as to the proposed operating budget. Several items of the budget were reviewed and a consensus was reached regarding capital out- lays, that the $12,000 credit from the Metropolitan Waste Control Commission should be contained in the Sewer Enterprise Fund, that 30% of the Street Improvement cost should be assessed back against the property owners, and that salary adjustment con- tingency should be set at 6% over 1983 period. The Council directed the Administrator to discuss the fire departments capital outlay budget with the Fire Chief, and to report back to the Council. The Council further directed the Administrator 'to make various revisions within the budget and to report back to the City Council. 24. Motion by Orr, second by Kelly that the City Council meet in executive session at 11:00 P.M. and that the City Council would be reconvening for possible further actions. APIF, motion carried. 25. City Council reconvened at 11:17 P.M. 26. Attorney Gorgos stated that the developers of Terra Plat had threatened to sue the City for failure to enter into a developers agreement, stating that the City imposed certain conditions that were contrary to law. Mr. Gorgos stated that he has received a proposal from the developerl.s attorney indicating that the developers would agree to enter into the developers agreement with the following conditions: 1. The developers would accept the cost for storm sewer laterals within the development. 2. If City park land is benefited by the storm sewer laterals the rity would share proportionately in the cost. 3. The City Engineer and Council should confirm that no additional storm sewer is needed to serve the remainder of Terra Systems, Inc. l~nds. 4. If storm sewer has defective design standards, the City would agree to undertake necessary repairs and maintenance, and hold the developer harm- less form any liability which may result from defective construction. 5. That the City would not demand to include seal coating within the developers agreement. 6. The City would agree not to include any storm sewer trunk line fee within the developers agreement. 7. At such time as the developers agreement is signed the City will act on plans and specifications, and approve the same subject to approval by the City Engi neer. Motion by Orr, second by Cook that the City accept the proposal of the developer anq to acknowledge that the City Parkland does not benefit from the storm sewer, and l)1C) ~l_f.:J authorize the execution of a developers agreement which incorporates the above stated conditions. Voting for: Orr, Cook, Kelly. Voting against: Akin, Sprute. Motion carried. 26. Motion by Sprute, second by Akin to adjourn at 11:30 P.M. APIF, motion carried. RespectfullY~ted' mpson ministrator Approved: /0/3/g .5 . I LT/mh