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HomeMy WebLinkAbout09.02.80 Council Minutes MINUTES COUNCIL MEETING REGULAR SEPTEMBER 2, 1980 1. The meeting was called to order by Mayor Akin at 7:00 P.M. Present: Mayor Akin, Councilmen Cook, Kuchera, Orr and Whittier Absent: None Also Present: Administrator Ford and Attorney Gorgos 2. Motion by Kuchera, second by Orr to approve the minutes as presented for August 18, 1980. APIF, motion carried. 3. The Mayor then opened two public hearings, notice of which had both been published previously, at 7:00 P.M. One on proposed use of Revenue Sharing and the other to consider an amendment to the zoning ordinance by allowing as a special exception in the 1-1 Light Industrial zoning district a land use entitled IICommercial Recreation['. The hearing then on Revenue Sharing was continued to later in the evening and the Council proceeded with the public hearing on the ordinance amendment. This proposed amendment to the zoning ordinance had been precipitated by a request by Mr. Harold Rice, who intended to move his present bowling alley operation to a building located at 27 - 5th Street in an (-I zoning district and to modify his operation to include bowling lanes, restaurant and on-sale liquor. Preceeding the comments by people in the audience the Mayor asked the City Attorney if he had reviewed the process and whether or not all was in order, to which the attorney replied he had and everything was in order. There were approximately 20 people in the audience some spoke against the amendment, others not against the amend- ment but against the sale of liquor portion of the intended development and at least three spoke favorably. There was a lengthy exchange of views, comments and questions between members of the audience and members of the Council, after which the public portion of the hearing was closed and the discussion was brought back to the Counci 1 table. Motion by Akin, second by Whittier to adopt ORDINANCE NO. 080-93, an ordinance amending the zoning ordinance relating to commercial recreation in the 1-1 zoning district. APIF, motion carried. 4. The Council then discussed the applications of Mr. Rice for an on-sale liquor license and an on-sale Sunday liquor license at 27 - 5th Street, the site of his new proposed bowling alley. Motion by Akin, second by Orr that the licenses be approved subject to (a) the above amendment to the zoning ordinance having been published, and (b) that the Planning Commission grant a special exception under the amended ordinance. APIF, motion carried. 5. The Mayor reopened the Public Hearing on use of Revenue Sharing Funds which had been continued from 7:00 P.M. this night. Motion by Kuchera, second by Cook that the City continue as it has in the past and use Revenue Sharing Funds to reduce taxes by crediting them into the general fund. APIF, motion carried. 6. The Council reminded those present that there would be a second public hearing for Revenue Sharing purposes and that notice of that hearing would be published timely and that the public hearing would be held at the time of final adoption of the 1981 budget. l~h 7. Motion by Whittier, second by Kuchera to approve the capital outlay purchases from the Fire Department consisting of one Scott Air Pac, in the amount of $715; various size fire hose, in the amount of $3376.75; and the recommended budget adjustments to accommodate these purchases as shown on a budget request dated August 26, 1980. APIF, motion carried. 8. Motion by Akin, second by Kuchera to approve the payment of bills as presented. APIF, motion carried. 9. The next item on the agenda scheduled for 8:00 P.M. was a public informational discussion deal ing with municipal refuse collection. Earlier a notice had been sent out to customers of the municipal service informing them of this discussion and soliciting their comments as to whether or not the City should remain in the business, or convert to private hauling. Other connected matters were also dis- cussed, such as modifying the level of service and increase in rates. The Council room was literally packed with people standing in the hallways. At least 15 people presented their views personally also the Council was presented with approximately 15 pieces of correspondence, plus a joint letter signed by approximately 18 customers. The discussion lasted over forty-five minutes, at the end of which the Mayor summarized it appeared the consensus was that the City remain in the business, that the rates be allowed to rise to make unnecessary any general fund subsidy and that the ordinance now licensing private haulers be repealed and that some consideration be given to modifying the level of service. The Council informed members of the public that no decisiions would be made at this time, but that their comments would be considered when the 1981 budget was being reviewed. 10. Motion by Kuchera, second by Cook to approve the issuance of a transient merchant license to Fabian Seafood effective for the 4th of September. APIF, motion carried. 11. The Council was informed by the Administrator that correspondence had been received from the Office of Local and Urban Affairs informing the City that its preapplication for a LAWCON Grant had been approv~and that the City was ranked number one among free standing communities and further, that the City was now in- vited to submit a final application. Motion by Orr, second by Akin to adopt RESOLUTION #R21-80, directing and authorizing the City Administrator to prepare said final application and submit it to the Office of Local and Urban Affairs and further, that within the said application the City commit itself to the provision of local share of costs as required. APIF, motion carried. 12. Kayle and Richard Becker appeared before the Council in a request to rezone a parcel of land consisting of approximately 33 acres immediately east of Trunk Highway 3 and North of Henderson subdivision. The request was to rezone from R-l to R-3 and they were asking the City Council to set a public hearing in the matter. The Administrator informed the Council that the Planning Commission, at its last meeting looked upon the proposed rezoning as favorable and recommended its consid- eration to the Council. Motion by Whittier, second by Kuchera to set a public hearing in the matter for 7:00 P.M., October 6, 1980. APIF, motion carried. 13. The City Council at the previous meeting amended the Urban Rural Tax District ordinance by making only those parcels which were either on Green Acres or in excess of 40 acres, eligible for rural parcel status. In a memo to the Council dated August 26, 1980, the Administrator set forth reasons why he believed that perhaps the Council should reconsider this action and in fact, repeal the ordinance in its entirety. It was pointed out that the amendment itself would drop only eight parcels out of a total of 75 and that for other reasons it might be appropriate for the City ~ ~.~ f.} now eliminate the feature inherent in the ordinance. The Council discussed the points made in the memo at length and the following action took place. Motion by Akin, second by Orr that the action taken by the Council at the previous meeting in amending the Urban Rural Tax District ordinance hereby be rescinded. APIF, motion carried. 14. Motion by Akin, second by Orr to adopt RESOLUTION NO. R22-80, which in turn adopts ORDINANCE NO. 080-94, entitled Repeal of Title 1, Chapter 9, Sections 1 - 7, of the City Code entitled Urban and Rural Service Districts. APIF, motion carried. 15. A discussion of the revised proposed personnel policy and the department head comments was deferred to the meeting of September 8, 1980. 16. The Council then discussed the City Administrator's memorandum dated August 28, 1980, dealing with the emergency presented to the City by the malfunction of the computer. The various facts contained in that memo were discussed thoroughly as well as, the recommendation of the Administrator that the City purchase from the Burroughs Corporation a two year old machine at a cost of $12,000, that a three year certificate of indebtedness be sold to the First National Bank of Farmington at an annual rate of 6% simple interest, and that $3,000 from the 1980 contingency fund be transferred as a down payment, all of which is declared necessary by the finding of fact by the Council, that an emergency does in fact, exist under the meaning of MS475.754 and upon receipt from the City Attorney of an opinion that all is in order. Motion by Akin, second by Kuchera to adopt RESOLUTION NO. R23-80, authorizing the emergency purchase of a computer. APIF, motion carried. 17. Motion by Akin, second by Cook that authorization be given to Officers Churchill and Siebenaler to attend a three day police school in September sponsored by the Dakota County Training Coordinator. APIF, motion carried. 18. Motion by Orr, second by Kuchera to approve the attendance of the Police Chief at a meeting of the Minnesota Police Chiefs Association in East Grand Forks on September 25th and 26th at a cost of $100. APIF, motion carried. 19. Motion made and seconded to adjourn at 10:15 P.M. Respectfully submitted, , , d-/J ~~~G~~ Wi 11 iam J. Ford -, City Administrator APPROVED q II 6/ g ()