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HomeMy WebLinkAbout06.04.79 Council Minutes \ ' :-i~ :~) MINUTES COUNCIL MEETING REGULAR J UN E 4, 1979 1. The meeting was called to order by the Mayor at 7:00 P.M. Present: Mayor Akin, Councilmen Johnson, Kuchera, Orr, Whittier Also Present: Administrator Ford, Attorney Gorgos 2. Motion by Kuchera, second by Whittier to approve the minutes of May 21, and May 23, 1979, as presented. APIF, motion carried. 3. At the request of Councilman Orr, an item had been put on the agenda dealing with a general discussion of the open meeting law and to secure from the City Attorney, certain opinions and clarifications of that law. Mr. Orr pointed out that it was not his intention to make any sort of allegations or criticism but to secure a better understanding of both the letter and the spirit of the law. He posed several questions to the City Attorney, at which time City Attorney Gorgos then read the controling statute MS 471.705. Mr. Orris main concern was not that members of the counci 1 might "cut a deal" prior to any pub 1 ic hearing on a matter, but that private conversations might result in undue influence on one or more members of the council prior to a full discussion of a matter that should be decided on its merits. ft was Mr. Orris ascertion also that not only must councilmen not violate the law but they must not give the appearance of so doing. In answer of two questions put to him, the City Attorney gave the following opinions: 1) That the open meeting law did, in effect, prohibit telephone conversations as well as face to face meetings. 2) That the key word in the law was Ildel iberate" which included informal discussion. 3) That a face to face meeting was not necessarily prohibited so long as no deliberation took place. 4) It was unclear whether or not the law prohibited meetings involving members of two different boards or commissions. Mayor Akin speculated that it was possible at times to have a technical conflict between the oath of office taken by a member of the council and the provisions of the open meeting law. He stated that if that were to occur that he felt more strongly about his committment to the oath of office than to the considerations under the open meeting law. All agreed that the open meeting law was a good law and that its intent was well worth pursuing. 4. A letter of gratitude received from the Farmington High School Band was read regarding a donation made to them by the council to implement their recent trip to the Indianapolis 500 Race. 5. Motion by Akin, second by Johnson to adopt RESOLUTION NO. R2b-7g Entering into an agreement with the State of Minnesota, Department of Public Safety to reimburse the County for monies spent for the purchase of moving radar at 50% of the contract price of the radar unit. APIF, motion carried. 6. Motion by Akin, second by Johnson to approve the following budget changes and purchase orders: Police Dept. Radar Unit Fire Department Radio Charger APIF, motion carried. $259.75 from Contingency to P.D. Capital Outlay $155.00 from Departmental small tools to Capital Outlay 4f) 7. Mr. Harold Rice and Mr. Clyde Thompson appeared at the meeting and, though they were not on the agenda, the council agreed to hear them out. They had discussed earlier with the council their proposal to convert an existing build- ing at 27 5th Street, formerly occupied by Fredrick-Willys, to a Bowling Center. They informed the council now that their plans were threatened with derailment because of the scarsity of financing. They inquired of the council, whether or not the counci 1 was sti 11 of the same opinion that it was in November of 1978, when they inquired as to the acceptability on the part of the council of participating in the issuance of Municipal Industrial Revenue Bonds for this purpose. Various members of the council made inquiries of the staff in this regard. Motion by Akin, second by Kuchera to adopt RESOLUTION NO. R21-79 express- ing a positive attitude toward certain use of Municipal Industrial Revenue Bonds. APIF, motion carried. 8. The Administrator informed the council that correspondence had been received from the Dakota County Auditor informing us that he had determined that the method he was using in computing interest on Green Acres Deferred Special Assessments was not in conformance with the law based on the Attorney Generals opinIon and that he was immediately changing his method of computation and henceforth, interest would be computed on the actual time the payment is deferred. The Council asked that the Administrator notify all property owners affected. 9. Motion by Akin, second by Kuchera to approve in the General Services Department a budget adjustment from Capital Outlay, Street, curb, sidewalk repair to Capital Outlay, Dumpsters in the amount of $49.00 and to authorize the purchase of 2 dumpsters in the amount of $380.00 from Rayfo. APIF, motion carried. 10. The council informally approved a budget adjustment in the amount of $216.40 for the purchase of two bronze plaques that is off set by a donat ion in a corresponding amount from the late, Mayor Larry Daily Memorial Fund. 11. Motion by Kuchera, second by Orr that the Mayor and City Administrator hereby be authorized and directed to sign the deed which conveys the West 40 ft. of Lot 5, Block 2, Hill Dee Addition to Carl and Robert Bartosch. APIF, motion carried. 12. Motion by Kuchera, second by Johnson to approve the changes in summer parttime employees as requested on Recreation Manager memorandum dated May 28, 1979. APIF, mot i on carr i ed. 13. The Administrator informed the council that an exhautive recruiting effort for a Finance Director had not resulted in filling the position. He suggested to the council that it was possible that with the present title and job description that the position was being misunderstood by persons who otherwise would qualify for the position. They authorized the changing of the title from Finance Director to Deputy Treasurer and to rewrite the job description as to de-emphasize the executive supervisory and administrative features of the position and to focus on the technical accounting requirements for the position. 14. Motion by Akin, second by Johnson to approve the payment of bills as presented. APIF, motion carried. 15. Other matters dealt with the following: 1) The Administrator informed the council that he had again in contact with the Dakota County Traffic Engineer concerning a truck climbing lane on Co. Rd. 31 and an adjustment of speed on Highway 50, east of 31. Some action was expected momentarily. Minutes of June 4, 1979 cont. 15. Continued 9) 2) The council inquired as to the status of the water study being conducted by the Water Board and the Administrator informed the council that a report from the Engineer was forthcoming. 3) The Administrator informed the council that the HRA might very well be requesting a 30 day loan of $15,000 to accommodate the corresponding dates of bond payments and receipt of tax settlements. 4) The council authorized General Services to accommodate the VFW and the Downtown Businessmen by installing flag holders on light poles in the downtown area. 5) The council approved the securing of competitive quotations for purchase of a sander for General Services Department. 6) Inquiries were made concerning the status of the tree planting contract in the park and it was agreed a report would be made to the council. 7) The Administrator was instructed to diligently pursue again the recon- struction of the railroad crossing on Elm Street. 8) The council was informed that the Planning Commission was proceeding with the proposed revision to the Comprehensive Plan for recommendation to the council. Inquiries were made concerning the status of exception and whether or not the installation a gas storage tank conforming with State laws The Mayor read a letter of gratitude from the donation made by the City. The council was informed that only one block of alley oiling had been requested and paid for on a voluntary basis by residents. The council was told that the Police Emergency Dispatching during off-hours was presently on the new system with Apple Valley and that Fire would be added during the week. The council was told that the pagers were involved in a three day series of tests following complete adjustments made to the system. the Reisinger special of what appeared tobe and regulations. School Band for a recent 10) 11) 12) 16. Motion made and seconded to adjourn at 9:00 P.M. Respectfully submitted, ~~e;~ William J. ForT City Administrator APPROVED rvll~/7q WJF/kf ;';,,1' "'f; .~./ Jl