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HomeMy WebLinkAbout11.16.87 Council Minutes MINUTES COUNCIL MEETING REGULAR NOVEMBER 16, 1987 1. Mayor Akin called the meeting to order at 7:00 P.M. Members Present: Akin, Mayer, Sprute, Uhl. Members Absent: Kelly. Also Present: Administrator Thompson, Attorney Grannis. 2. Motion by Sprute, second by Mayer to approve the agenda with the following changes: 1. Delete item 2. Remove item 3. Remove item consent. 4. Remove item IIi - Resolution amending Personnel Policy - Parental Leave - from consent. 5. Add discussion of the Whispering River Improvement. APIF, nntion carried. 11h - Capital lIe - Request 11g - Request Outlay Request - Police - Garage Doors to Attend School - Police - from consent. to Increase Pension - Fire Cataract - from 3. It was the consensus of the Council to approve the minutes of the November 2, 1987 regular meeting. 4. Under Citizen's Comments, Eugene "Babe" Kuchera asked if the Council had given authorization to testify at the Airlake Airport public hearing and that the Council should not get involved in legal fights with MAC. Mayor Akin stated that the Council had authorized Administrator Thompson, Councilmember Mayer and himself to draft a position on the airport report and attend the hearing. Mayor Akin added that the City had no intention of entering into a lawsuit. 5. The Council next considered an ordinance changing Sunday Liquor hours of operation from 10:00 A.M. to 12:00 noon. Administrator Thompson reported that contrary to what was stated in his memo, State Law did provide that cities may allow restaurants to open at 10:00 A.M. but that the ordinance must be adopted after a public hearing. Mr. Thompson stated that a review of minutes indicated that the ordinance changing the time to 10:00 A.M. was adopted without a public hearing. Mayor Akin stated that the ordinance should be changed back to 12:00 noon and, if the restaurant owners wished to change it to 10:00 A.M., they could request a public hearing. The Council concurred with the recommendation. Motion by Uhl, second by Akin to adopt Ordinance No. 087-194 amending Title 3-14 of the City Code changing the serving of liquor on Sunday to 12:00 noon. APIF, motion carried. 6. Mayor Akin opened a public hearing at 7:15 P.M. to consider the following liquor licenses for 1988: Applicant American Legion Farmington Lanes Longbranch Saloon VFW Eagles Club American Legion Eagles Club Farmington Lanes Longbranch Saloon VFW ~ On Sale On Sale On Sale Club Club Special Sunday Special Sunday Special Sunday Special Sunday Special Sunday Mayor Akin asked if each application had been investigated. Police Chief Whittingham stated that he had conducted an investigation on each applicant. Councilmember Sprute asked how complaints were dealt with during the year. Chief Whittingham indicated, depending on the seriousness of an offense, a warning is usually given, and if the offense is repeated, a citation is issued and reported to the Council. Councilmember Mayer asked if the Legion would operate as a club until 1988. The Council discussed approving the On Sale License effective immediately. Mayor Akin closed the hearing. 7. Motion by Akin, second by Mayer to approve the licenses as submitted. APIF, motion carried. 8. Motion by Akin, second by Mayer to change the Legion club license to an on sale license effective immediately and to waive the fee. APIF, motion carried. 9. Administrator Thompson submitted a list of delinquent municipal accounts for certification to the County Auditor. Concern was expressed over the number of accounts delinquent. Mayor Akin asked if there was any possibility of the City not collecting the assessment. Attorney Grannis stated that if the property was forfeited for non payment of taxes, the City would not collect the assessments. Councilmember Sprute suggested that staff research the collection of delinquent account assessments. Motion by Akin, second by Sprute to adopt Resolution No.R76-87 certifying the list of delinquent municipal services to the County Auditor for collection with Taxable 1988. APIF, motion carried. 10. The Council considered the proposed Park Naming/Donation Policy. Administrator Thompson reviewed the proposed changes. Each Councilmember gave their viewpoints on various language. It was the consensus of the Council that the policy be referred back to the Park and Recreation Advisory Commission with the following changes: NAME GUIDELINES #8. Delete "...and not in an emotional or sentimental rush." in the third sentence. "Must" changed to "should" in the fourth sentence. Item 8a eliminated. Delete "well respected" in 8b. Add "or family" in paragraph 8c. NAMI~PROCESS Chang "Commission" to "PARAC". DONATIO GUIDELINES Revise the first sentence to read "Items donated to the parks should meet one of the following criteria." Add #4, Special consideration may be given under special circumstances. 11. The Council next considered the naming of the park at 4th and Willow. Mayor Akin stated that the Park and Recreation Advisory Commission had recommended the park be named Rambling River Park - Willow Street Entrance. Councilmember Sprute stated that the first recommendation had been "Kuchera Entrance". Mayor Akin read a letter from Jerome Wacker stating that the entrance be named after Emil Kuchera, who operated a park in that location. Councilmember Mayer stated because of Mr. Kuchera's involvement operating the Park, it should be named after him. Mayor Akin stated that he recalled Mr. Kuchera's running the park and praised him for his commitment. Mayor Akin noted that Mr. Kuchera had offered to donate the property to.the City at one time, but the City did not accept it. Mayor Akin stated that the family's position on naming the park should have been discussed during the purchase of the property. Mayor Akin stated that he supported a memorial to Mr. Kuchera, noting the history of the site, but not in the form of a sign. Council member Uhl stated that he supported a memorial and suggested the family design it. Councilmember Sprute stated that because of the history of the site, it should be named after Mr. Kuchera. Councilmember Sprute stated that if the Kuchera's had developed the property for some other purpose, the land may not have been available for park purposes. Councilmember Sprute noted that naming the park "Emil Kuchera's Entrance" would fit the proposed park naming policy. Eugene "Babe" Kuchera stated that the Council had referred to PARAC'sdecision years ago to not name the parks after individuals. Mr. Kuchera stated that he had reviewed past minutes and could not find any action which prohibited the naming of parks after individuals. Mayor Akin stated that he would prefer to see a memorial to Emil Kuchera rather than a name on a board. Mr. Kuchera stated that the naming of the park entrance after Emil Kuchera would be welcomed by the family and that the family would take care of putting up a memorial. Motion by Sprute, second by Mayer to name the park at 4th and Willow "Rambling River Park - Kuchera Entrance". Voting for: Sprute, Mayer. Voting against: Uhl, Akin. Motion failed. 12. The Council next reviewed a report from consulting engineer Glenn Cook regarding existing improvements at Whispering River Addition. City Engineer Tom Kaldunski stated that the major deviation from the plan was the lack of a swale or storm sewer to the pond and the dike in the back of the pond was too low. Mr. Kaldunski noted that the street grades tended to run about .2' above design grades and that the drainage break on the north/south street had been moved about 30' to the north, but that would only enhance the amount of surface water going to the pond. Councilmember Sprute stated it appeared that water from the north/south street discharged onto Division Street. Mr. Kaldunski stated that the grades indicated that it would not. Councilmember Sprute stated he would like to know what the developer was going to do about the swale. Discussion followed regarding acceptable tolerance. It was the consensus of the Council that a response from the developer regarding the swale be discussed during the next regular meeting. 13. The Council next considered staff proposal to replace the burner, blower and heat exchange in the City Hall furnace. Mayor Akin stated that he would prefer to see the entire furnace replaced. Discussion followed regarding the costs associated with the two options. Motion by Akin, second by Uhl to approve the capital outlay request to replace the blower, rnuu unit and heat exchanger for $10,109 and to transfer the money from contingency. APIF, motion carried. 14. The Council next considered a proposal to purchase a utility easement from Jerome and Mary Stoffel for Project 86-9. Administrator Thompson stated that after negotiations the parties had agreed on a purchase price of #11,000 plus a 3 year guarantee on the trees, and if they died or were blown over, the City would reimburse the Stoffel's $500/tree. Mayor Akin stated that the appraiser had not done a thorough job on his appraisal and that the process had dragged on too long. It was the consensus of the Council that the terms were acceptable, but that the City should have the right to stake the trees. Motion by Akin, second by Uhl to adopt Resolution No. R77-87 accepting the terms of the settlement as proposed, with the condition that the City be allowed to stake the trees for the term of the guarantee. APIF, motion carried. 15. Motion by Sprute, second by Mayer to approve the consent agenda as follows: a. Approve assessed value abatement - 508 Elm Street. b. Approve contract payment #1 - Northwest Asphalt - $138,038.13. c. Approve a capital outlay request and budget adjustment - Pool P.A. System - $523.91. ~: ~ ~ ~ ~ J j < L , ~ ~ ~ v 3 ~ ~ 3 ~ d. Approve a capital outlay request and budget adjustment - Park - $1106.34. e. Approve a capital outlay request - Fire - Office Equipment - $220.40. f. Approve payment of the bills as submitted. APIF, motion carried. 16. Councilmember Uhl asked how the City received reimbursement for police training. Administrator Thompson stated that the City received reimbursement from the County for certain training. Mr. Thompson added that because the training requested would not take place until 1988, the City would not be reimbursed until the end of 1988. Motion by Uhl, second by Akin to approve the two requests to send 4 police officers to a driving school. APIF, motion carried. 17. The Council next considered the increase of Fire Pensions. Mr. Thompson stated the Council policy set forth that pensions were to be increased $25/year until the City had to contribute via a special levy. Mayor Akin stated that he understood the policy to mean that the City would increase the pension $25/year, but would stop short of contributing. Terry Thraen from the Cataract Relief Association stated that at $825/year, the City would begin contributing. Mayor Akin also noted that the State Reporting form appeared misleading. Motion by Akin, second by Uhl to adopt Resolution No. R78-87 increasing the Fire R~lief Pension to $825/year. Voting for: Akin, Mayer, Uhl. Against: None. Abstain: Sprute. Councilmember Sprute clarified his vote by stating that he had been instructed by the City Attorney not to vote unless it was unanimous because he was a member of the Relief Association. 18. The Council briefly discussed the proposed parental leave policy, which clarified a new State law which required the City to grant parental leave if requested. It was the consensus of the Council to refer the matter back to staff for further review. reo~e~ed 19. Mayor Akin op R~ a public hearing to consider the reassessment of Terra Second,* Attorney Grannis indicated that the City had received the arbitrator's award, but recommended continuing the hearing because appeals could be made. Motion by Akin, second by Uhl to continue the hearing until December 21, 1987 at 7:15 P.M. APIF, motion carried. 20. Administrator Thompson presented an amendment to the EDC Joint Powers Agreement as recommended by the EDC. Mr. Thompson stated that the amendment would change the contribution as follows: HRA City School Chamber 77.5% 7.5% 7.5% 7.5% The amendment also addressed remedies for non payment of contributions. Mayor Akin stated he opposed the amendment because it was unclear as to what consti- tuted a delinquency (timing) and the remedy for non payment was only a suspension of voting rights. Motion by Mayer, second by Sprute to approve the amendment as presented. Voting for: Uhl, Sprute, Mayer. Against: Akin. Motion carried. 21. Motion by Akin, second by Uhl to adjourn at 10:30 P.M. carried. APIF, motion Larry Thompson, City Administrator Approved I;(~~%~d[ ~a~~