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HomeMy WebLinkAbout08.18.80 Council Minutes r ~: (J MI. NUTES COUNCIL MEETING REGULAR AUGUST 18, 1980 1. The meeting was called to order at 7:00 P.M. by Mayor Akin. Present: Mayor Akin, Councilmen Kuchera, Orr and Whittier Absent: Councilman Cook Also Present: City Administrator and City Attorney 2. Motion by Kuchera, second by Whittier to approve the minutes of August 4, 1980 as presented. APIF, motion carried. 3. The Administrator presented to the Council the tabulation of bids which had been received and opened at 3:00 P.M.' this day, on Project No. 80-4, Sewer Lateral, Northern Natural Gas Company, County State Aid Highway 31 and Trunk Highway 50 as follows: Parrott Construction Cpmpany $ 9,490.35 Valley Rich Co., Inc. 18,060.00 Nova Frost, Inc. 28,400.00 The Administrator also presented to the Council the written recommendation of the City Engineer that award be made to the apparent low bidder and informed the Council that a representative from Northern Natural Gas Company had also contacted the City and expressed their wishes that such an award be made. Motion by Kuchera, second by Whittier that award be made to the apparent low bidder, Parrott Construction Company, in the amount of $9,490.35, with the following conditions: a) That a copy of the executed agreement between the City and Northern Natural Gas Company be received, and b) That deposit in the amount of 125% of the base bid amount be deposited with the City by Northern Natural Gas Company. APIF, motion carried. 4. The City Attorney discussed several on going legal matters with the Council and updated them on the status of each matter: l~ Village Acre Annexation: All documents had been submitted to the Minnesota Municipal Board including the signed waiver by Empire Town- ship and the City was now awaiting the final order of annexation from the Board upon receipt of which the City could merely adopt an Ord i nance of Annexat ion. 2~ The Halstead Ordinance Violation: Mr. Gorgos, in the past, had been working with Mr. Cook, attorney for Mr. Halstead, in an effort to reduce the cars located on the subject property, that Mr. Gorgos had come to the conclusion that an acceptable reduction of the number of cars had not taken place and that the proper documents had been prepared by him and submitted to the court, which would require Mr. Halstead to show cause why he should not be held in contempt of court. 3~ The Davis Electronics Law Suit: The City Attorney informed the Council that a date certain for the court case had been set for September 16, 1980, and that depositions by the City Administrator and the Fire Chief had been completed on August 14, 1980. 4) Cable Television Franchise Matter: The attorney informed the Council that the Administrator, after having received a letter from the State CATV Board, had informed them that the City Attorney would be contacting them and restating the City's position. The attorney now informed the Council that it was his conclusion that no such letter need be written, that the position of the City had been made clear previously, and that the position of the City was firm. 5) Legal Opinion, Government Supported Housing: Mr. Gorgos informed the Council that he had reviewed the new law adopted in the 1980 Legislative Session, which removed the mandatory feature of a tax forgiveness on various types of government supported housing. It was his conclusion that each case must be investigated to determine whether or not, in fact, a particular proposed development would be entitled to a tax reduction or forgiveness he emphasized that it is not auto- matic. 6) Railroad Right-of-Way Condemnation: The attorney informed the Council that no change had occurred from the last time that it was discussed with the Council and that his best information indicates that the private group consisting of abutting property owners were still in the process of acquiring all of the land involved in this matter from the railroad. The attorney recommended that no action be taken at this time. 5. Mr. Harold Rice appeared before the Council and explained that for approx- imately one year now, he had been attempting to make the necessary arrangements by which he could relocate his existing bowling alley from Elm Street to 27 5th Street. During the discussion with Mr. Rice, it was pointed out that certain actions had been taken earlier by both the Council and the Planning Commission, but such actions were conditional upon fulfillment of certain c:onditions by Mr. Rice which, up until this time, were not possible. On advfce of staff the Council agreed that it would be better to redo the entire process and the Council was now asked to set a Public Hearing to consider amending the zoning ordinance to allow "Commercial Recreationll in the 1-1 zone. Motion by Akin, second by Orr that a Public Hearing be held at 7:00 P.M., September 2, 1980 to consider amending the zoning ordinance to allow IICommercial Recreationll in the 1-1 district and that the appropriate notice of such hearing be published. APIF, motion carried. 6. Motion by Kuchera, second by Akin that the recommendation of the City Admin1strator be concurred in and that the probationary period of Deputy Treasurer, Wayne Henneke, be declared satsifactorily completed and that he be converted to permanent full time status, effective August 28, 1980. APIF, motion carried. 7. The Council dealt with preliminary 1981 budget matters as follows: 1) Motion by Akin, second by Orr effective January 1, 1981 private club licenses (V.F.W. and Legion Club) fees will be set a $300 per year. APIF, motion carried. 2) Municipal refuse collection: a) That if the City is to get out of the refuse collection business it would get entirely out and would leave the matter open to private enterprise on an open, competitive basis. b) If the City is to remain in the refuse collection business, rates would probably have to increase by 50% and that there would have to be some limit put on the size and number of cans. and perhaps further limitations on service. c) That the matter sha 11 be put on the agenda of September 2, 1980, for 8:00 P.M., for further discussion, and d) That a mass mailing to current customers shall be made informing them of this agenda item, which shall be set for 8:00 P.M. 3) Municipal Sewer - An excessive increase in the gallons per day, per capita usage and increases in the Metropolitan Sewer Board treatment charges will probably necessitate increasing the local user rates by approximately 63% to avoid subsidizing this service out of the general fund, and the Administrator is instructed to prepare the proposed 1981 budget without a subsidy. 4) The recommended 1981 budge~ process schedule was ac~epted with the insertion of a special meeting to be held at 7:00 P.M., September 8, 1980. 5) The proposed budget process was accepted by the Council. 6) Motion by Akin, second by Kuchera that the City Urban Rural Tax Ordinance be amended in such a way as to d~fine eligibility of a rural tax district to be: a) All vacant non-Green Acres Parcels of 40 acres or more, b) All Green Acres Parcels which have been certified by the County Assessor and are a matter of record at the time of budget preparation. APIF, motion carried. 7) No action was taken by the Council regarding special services now provided by the City out of the general fund without special charges being assessed. 8. Motion by Whittier, second by Kuchera that the proposed change in the standard construction contract language used by the City be approved as re- commended by the City Administrator as set forth in a letter to the City Engineer dated July 29, 1980. APIF, motion carried. 9. The Administrator was informed by the Council that it W.;lp their ,int~ntion to meet with the Department Heads jointly to discuss the proposed per'sonn'el policy after the Administrator had met with Department Heads and a critique had been prepared and presented to the Council following his meeting with them. 10. Motion by Kuchera, second by Whittier to approve the attendance of two persons from Park and Recreation Department to the Arena Managers Meeting in Minneapol is for two days and one person to the Zamboni Seminar in Minnetonka for one day. APIF, motion carried. 11. Motion by Akin, second by Orr that a Public Hearing be set for 8:30 P.M., September 2, 1980 to consider proposed use of revenue sharing funds. APIF, motion carried. i ~;) ,) C' 12. The Council authorized the forwarding of a letter dated August 14, 1980, to the Governor, prepared by Deputy Treasurer, Wayne Henneke, dealing with the expressed intention of the Governor to reduce state aids. 13. The Council took no action on the request of Mr. David Hazewinkle to amend the City Code by providing for a geographically partial transient merchant 1 i cense. 14. Regarding the negotiations with Teamsters Local #320 for a new labor contract covering the Farmington Patrol Officer~ the Council expressed a specific desire that matters be concluded prior to adoption of the budget. Motion by Akin, second by Kuchera that the City Administrator be designated as the bargaining representative for the City in negotiations through September 5, 1980. APIF, motion carried. 15. Motion by Akin, second by Orr to approve the payment of bills with the addition of $83.76, to be paid to the Fire Department non-city fund for the purchase of a commemorative plaque. APIF, motion carried. 16. Motion by Kuchera, second by Orr that the recommendation of the Deputy Clerk as stated in a memo dated August 18, 1980, be accepted and that Mrs. Harriet Daily be appointed as an election judge for elections to be held September 9 and November 4, 1980. APIF, motion carried. 17. Motion by Akin, second by Kuchera that as of Monday, August 25, 1980, or as soon thereafter, the south side of Spruce Street from Division to County Road 31 be posted for No Parking, Monday through Friday, from 8:00 A.M to 4:00 P.M. APIF, motion carried. 18. The Mayor informed the Council that he would be attending a meeting of the Dakota County Library Board on Thursday, August 21, 1980, to discuss certain matters concerning the cost of remodeling City Hall and Library. 19. Motion made and seconded to adjourn at 10:40 P.M. Respectfully submitted, ~.,R~ Wi 11 iam J. Ford -, City Administrator APPROVED: q/~} gO