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HomeMy WebLinkAbout12.21.87 Council Minutes MINUTES COUNCIL MEETING REGULAR DECEMBER 21, 1987 1. Mayor Akin called the meeting to order at 7:00 P.M. Members Present: Akin, Kelly, Mayer, Sprute, Uhl. Members Absent: None. Also Present: Administrator Thompson, Attorney Grannis. e. Kelly, second by Uhl to approve the agenda with the following changes: Add discussion of the Police Department Mechanic position. Add discussion of Whispering River. Remove item lIb - Budget Adjustment - Fire Department from the consent agenda. Remove item lId - Street Sign Replacement - from the consent agenda. Remove item 11g - Hose dryer proceeds - Fire Department - from the consent agenda. carried. 2. Motion by a. b. c. d. APIF, motion 3. It was the consensus of the Council to approve the minutes of the December 7, 1987 regular meeting. 4. Motion by Uhl, second by Akin to set a public hearing for January 4, 1988 at 7:15 P.M. to consider amending the Sunday Liquor Ordinance as it relates to hours of operation. APIF, motion carried. 5. The Council next considered a proposal by General Services Superintendent Tom Kaldunski for certification of Municipal State Aid Roads. Administrator Thompson gave a brief overview of the program and the need to certify as many miles of roads as allowed at this time. Questions followed regarding the roads selected for certification, possibly including more older streets, specifically 1st, 4th, Willow and Walnut Streets, timing of improvements, eligible costs, assessment of costs, amending the road system at a later date, and types of improvements. The Council's major concern was the inclusion of C.R. 64 in the system. Mr. Kaldunski stated that it was important that the City certify as many miles of roads before January 1, 1988 so that they may begin collecting "needs". Mr. Kaldunski stated that the system could be changed at a later date without penalty if the roads are not improved, but cautioned that any changes would require approval by the Commissioner of Transportation as would the original certification. Motion by Akin, second by Uhl to adopt Resolution NO. R81-87 certifying the Municipal State Aid Road system as presented, contingent upon approval by the Commissioner of Transportation, and that Mr. Kaldunski inform MnDOT staff of the Council's concerns regarding C.R. 64. APIF, motion carried. ,e opeVled 6. Mayor Akin ~pclkfi a public hearing to consider the reassessment of Terra Second. Administrator Thompson stated that he was concerned about the impact of reassessing the project on the assessments which were already certified. Attorney Grannis stated that the law was clear in terms of supplemental assessments, but no specific State law or case law on reassessment opening up the appeal process on the entire assessment roll. Under a supplemental assessment, it is clear the original assess- ment cannot be challenged. Mr. Grannis added that it was his opinion that the original assessment could not be challenged under a reassessment, but if the Council was concerned, they could close the hearing and set a new hearing for a "supplemental" assessment. Mayor Akin asked when the 90 day appeal period would expire for Richard Knutson, Inc. Attorney Grannis stated he believed it was late January. Mayor Akin stated that he was not concerned about proving benefit to properties, but was concerned about the developer's claims of negligence. Attorney Grannis stated the developers waived their right to appeal the assess- ment. )1ayor Akin stated that perhaps they waived their right for "proper" assessment, but what about asessment which included negligence? Attorney Grannis stated that if the project is not reassessed, the developer could not appeal under M.S. 429, but other legal action could be brought. Administrator Thompson stated that he had been investigating the developer's allegations and it was an extremely complicated matter. Mr. Thompson stated that he hoped to have a report available by the next Council meeting. Motion by Akin, second by Kelly to continue the hearing until January 4, 1987 at 7:30 P.M. APIF, motion carried. 7. The Council next considered a proposed resolution requesting State Funds for bridge repair on Flagstaff Avenue. General Services Superintendent Kaldunski stated that, while the bridges would qualify for funding, the State had not appropriated funds for the program. Motion by Sprute, second by Mayer to adopt Resolution No. R82-87 prioritizing and identifying bridges for repair, and authorizing staff to apply for State funding. APIF, motion carried. 8. Motion by Mayer, second by Uhl to adopt Resolution No. R83-87 urging the local State Representative to fund the bridge repair program. APIF, motion carried. 9. The Council next considered a request by Gerald Lundstedt for a reimbursement for sidewalk repair. Administrator Thompson recommended that, because the request was "after the fact" and sidewalk funds were extremely limited, the request be denied. Mayor Akin and Councilmember Kelly also expressed concern about reim- bursement "after the fact". Councilmembers Sprute and Mayer also expressed concern about "after the fact" reimbursements, but added that the City did get an improved sidewalk to City standards, the cost was in line, and a policy could preclude any further misunderstandings. Motion by Sprute, second by Mayer to approve the reimbursement of $408.00 (204 sq. ft. @ $2/sq. ft.) to Gerald Lundstedt for sidewalk repair. Voting for: Uhl, Sprute, Mayer. Against: Akin, Kelly. Motion carried. 10. County Commissioner Joe Harris appeared before the Council to discuss the upgrading of C.R. 64 (195th Street). Mr. Harris stated that the improvement had been included in the County's 1988 budget, but at a 55/45 split. Mr. Harris stated that he had tried for 100% County funding, but could not get it. Commissioner Harris suggested that since the upgrading would primarily benefit the School District, that they should pay for the upgrading. The Council expressed its dismay in the project not receiving 100% funding, and indicated that it would be difficult to finance the project. Commissioner Harris stated that he would not like to see the project turned down, because the County's share would probably be spent in another area of the County. The Council noted that if C.R. 64 is not upgraded, it would require extensive maintenance because of the traffic. It was the consensus of the Council that the Administrator discuss the possibility of sharing the project costs with the School District. 11. The Council next considered the Park Naming/Donation policy as recommended by the Park and Recreation Advisory Commission. Motion by Akin, second by Kelly to approve said policy with the deletion of the word "special" under donations guidelines #4. APIF, motion carried. 12. The Council next considered the Comp Time policy proposal for the Police Department. Concern was expressed regarding the use of comp time in conjunction with vacation/sick leave, clarification of the accumulated amount of comp time, advanced notice coinciding with existing notification policy, the need for such a policy, potential savings. Motion by Akin, second by Kelly to approve the comp time policy as proposed on a trial basis for the first three quarters of 1988) with the following changes: 1. The maximum number of hours that may be accumulated and carried shall be 30 hours of regular hours worked. 2. Request for use of comp time shall be made a minimum of "two" weeks in advance. 3. Compensatory time must be claimed in lieu of overtime before the beginning of the next regular shift. 4. Comp time may not be used in conjunction with sick leave or vacation. 5. The Police Chief is to provide quarterly reports on the accrual and use of overtime to the Council. Voting for: Kelly, Mayer, Uhl, Akin. Against: Sprute. Motion carried. 13. Motion by Mayer, second by Uhl to compensate Police Officer Ted Dau for 1/2 of the difference between the second year step and third year step from the date of hire through December 31, 1988 with appropriate City paid benefits. APIF, motion carried. 14. The Council next considered the proposed firefighter salary of $5/hour for 1988. Mayor Akin noted that the 1988 salaries had been established in the budget and that the firefighters had received a substantial increase in retirement benefits. Administrator Thompson stated that due to a misunderstanding, the Fire Chief had understood wages could be adjusted after the budget had been set. Councilmember Sprute stated that he did not feel the wage increase was excessive based upon other part time salary increases. Mayor Akin stated that he was not opposed to a salary increase, but didn't understand why $5/hour was justified. Councilmember Kelly stated that based on the terminology of "volunteer" Fire Department, the retirement increase was adequate. Councilmember Sprute stated that the Council should not get into the use of semantics. Fire Chief Ken Kuchera stated that while it wasn't strictly a volunteer department, many hours of time were donated to the department. Mayor Akin stated that his major concern was amending the budget before the year even started. Mayor Akin noted that the Council all too often adjusts the budget, and that it sometimes borders on misuse of the system. Councilmember Sprute agreed that the budget should be closely followed but that it was not cast in stone. Mayor Akin stated that the Council should not lose site of the process. Councilmember Sprute asked for a legal clarification regarding his ability to vote on the matter since he was a firefighter. Attorney Grannis stated that it was a "grey" area, and he should abstain from voting on this matter until a definitive response is obtained. Motion by Mayer, second by Akin to approve the 1988 firefighters salary at $5/hour. Voting for: Mayer. Against: Kelly, Uhl. Abstain: Akin, Sprute. Motion failed. Mayor Akin clarified his vote by stating that he did not want to create a deadlock before obtaining an opinion on Councilmember Sprute's ability to vote on the matter. The matter was tabled pending a legal opinion from Attorney Grannis. 15. Motion by Akin, second by Sprute to appoint Richard Schimmel as a probationary full time employee (Engineer Tech) effective January 1, 1988 at $7.27/hour. APIF, motion carried. 16. Motion by Sprute, second by Kelly to approve the consent agenda as follows: a. Approve a request to attend school - General Services. b. Approve a budget adjustment - $200 from Rental to Repair - Fire Department. c. Approve a budget adjustment and 2 capital outlay requests - pump seals and manhole rehab - Sewer Department. d. Approve a transfer to the revolving capital project fund - Park and Recreation. e. Approve a capital outlay request - Fire Department - typewriter. f. Approve payment of the bills as submitted. APIF, motion carried. 17. The Council next considered a request by the Rescue Department to utilize $1,100 in unspent training funds for equipment. Mayor Akin stated that during the budget process it was emphasized how important training funds were, and now they were not being spent for that purpose. Rescue Captain Dirk Rotty stated that he had made out. the 1988 request last July, and it was assumed that he could find enough persons to take the EMT course. Mr. Rotty stated that he had not found enough persons to take the course during 1987, but hoped he would during 1988. Mayor Akin stated that he would prefer carrying the $1,100 over to next year for training because of the importance of training./ Mr. Rotty stated that the Department was also short on equipment. Mayor Akin again/noted his concern over the way he felt the budget process was being circumvented. Motion by Akin, second by Sprute to approve the budget adjustment and capital outlay request as submitted. APIF, motion carried. 18. The Council next considered a budget adjustment and capital outlay request for street signs by General Services. Mayor Akin again noted that just because there are excess funds remaining in a budget, they do not have to be spent. General Services Superintendent Tom Kaldunski stated that because of the mild winter, excess funds were available for street signs. Mayor Akin asked if the 1988 winter snowfall was heavy, would General Services give up a piece of equipment to fund the deficit. Motion by Sprute, second by Uhl to approve the request as submitted. APIF, motion carried. 19. The Council next considered a request by the Fire Chief to transfer the pro- ceeds from the sale of the hose dryer to the revolving capital improvement fund. Mayor Akin stated that he would like to see the funds applied to the erosion project at the Fire Hall. Councilmember Sprute stated that the funds should be made available to the 'Fire Department because the hose dryer was originally a piece of Fire Department equipment. Motion by Akin, second by Kelly that the proceed be placed in contingency. Voting for: Akin, Kelly. Against: Mayer, Uhl, Sprute. Motion failed. 20. Motion by Sprute, second by Mayer to place the proceeds from the sale of the hose dryer into the revolving capital projects fund. APIF, motion carried. 21. Councilmember Sprute requested an update on the part time mechanic's position for the Police Department. Administrator Thompson stated that a report would be compiled after December 31, 1987 and issued to the Council during the second meeting in January. 22. The Council directed staff to obtain a written update from the developer of Whispering River regarding the plans for draining the western edge of the plat. 23. Motion by Sprute, second by Kelly to adjourn at 11:00 P.M. APIF, motion carried. Respectfully submitted, ~h!':Z-- City Administrator Approved I /4/'1{' t (1J a~t1rP J cR