HomeMy WebLinkAbout08.18.80 Council Minutes
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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.
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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,
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Wi 11 iam J. Ford -,
City Administrator
APPROVED:
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