Lester Prairie City Council Minutes

Lester Prairie City Council Minutes
April 12, 2013
Pursuant to posted public notice, the Lester Prairie City Council met in special session on Friday, April 12, 2013. Mayor Heimerl called the meeting to order at 5:00 p.m.
The purpose of said special session was to address action taken at the April 9th City Council meeting regarding the rezoning of property and to clarify operation and hours of the compost site.
Mayor Heimerl explained to those in attendance the action taken on April 9th was in conflict with State Statutes and legally, the motion as made, failed on with three people voting for the rezoning and two voting against the rezoning. Although the City’s Municipal Code stated a majority was required, that is in error and the State Statutes require a 2/3 vote. In this case, that would have to have been a minimum of four voting for the rezoning. He stated the vote could not stand as made because it is legally incorrect.
Those in attendance were given the opportunity to comment.
Mayor Heimerl inquired of each Councilmember if they wished to change their vote or offer a new motion. Each Councilmember responded they would not be changing their vote.
Mayor Heimerl declared the following motion, made on April 9th, 2013, as failed:
Motion – Adams-Bruins; Second – Heimerl; FAILED – To rezone the property located at the Southwest intersection of Lincoln Avenue and Elm Street North, Lots 18 & 19 of the Auditor’s Plat, to a B1-Business District with the understanding a greenbelt will surround the south and west side of the property, any curb removed will be replaced with matching curb and the rezoning will be contingent upon purchase of the property by Jackels and Ross Concrete Inc.
Voting for the motion: Adams-Bruins, Heimerl and Messer
Voting against the motion: Angvall and Foust
Abstained from vote: None
Motion – Heimerl; Second – Angvall; Carried – Unanimously; For the time being, the compost site will be monitored and open as in the past until the Second Avenue road work is complete at Pine Street and going to the East.
Mayor Heimerl adjourned the meeting at 5:17 p.m.
Marilyn L. Pawelk
City Clerk-Treasurer
Published in the Herald Journal April 22, 2013.

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