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HomeMy WebLinkAbout04.18.88 Council Minutes MINUTES COUNCIL MEETING REGULAR APRIL 18, 1988 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. 2. Motion by Sprute, second by Kelly to approve the agenda with the following changes: a. Remove Item 8c - Special Garbage Pickup. b. Remove Item lOb - Building Inspections. c. Remove Item lIb - School and Conference Request - Planning - from the Consent Agenda for general discussion. d. Add School and Conference Request - Parks and Recreation. e. Add discussion of hiring part time patrol officer. f. Add discussion of Local 320 Contract negotiations. APIF, motion carried. 3. Motion by Sprute, second by Uhl to approve the minutes of the March 31, 1988 special meeting. APIF, motion carried. 4. Motion by Mayer, second by Uhl to approve the minutes of the April 4, 1988 regular meeting. APIF, motion carried. 5. Mayor Akin opened the Annual Board of Equalization at 7:00 P.M.. The meeting was continued in a separate meeting room before Dakota County staff. 6. Mayor Akin opened a hearing at 7:05 P.M. to consider the appeal of the suspension with intent to dismiss of Police Chief Whittingham. Mayor Akin gave a brief background of the basis of the action by the Council. Administrator Thompson stated that he had informed Mr. Whittingham of the Council action in writing and Mr. Whittingham had subsequently appealed. Mr. Thompson indicated that Mr. Whittingham's attorney Peter Schmitz, had requested that the hearing be continued because of the BCA investigation, which had not been completed. Attorney Grannis recommended that the Council continue the hearing. Mayor Akin stated that since the Council's action was not based on possible criminal charges, the on-going BCA investigation should not affect the Council's decision. Mr. Schmitz indicated that the Council action may prejudice the investigation and violate his client's constitutional rights. Mayor Akin stated that the Council also had the legal rights to operate the City and should be allowed to conduct the hearing. Mr. Schmitz stated that he was asking for a continuation, ~a reinstatement, and the suspension would still stand. Mayor Akin stated that any delay would prevent the City from restoring the Police Department to normal operations. Mr. Schmitz stated that he believed his client's constitutional rights outweighed the City's rights. Mayor Akin stated that the Council decision was based on the State Auditor's report, which should be based on facts. Council member Sprute stated he was not in favor of continuing the hearing at this time. Council member Mayer stated that Mr. Whittingham had not contested the Auditor's report. Attorney Grannis stated that it was his opinion that the hearing shoulg be continued to. a later date. Mayor Akin stated that the City had followed the personnel policy and based its decision on the Auditor's report which should be .accruate. Ahearjng was set as requested. . On the other hand, the City had been advised by its attorney to continue the hearing so that the City did not violate Mr. Whittingham's right to "due process". The definition of due process was questioned. Mr. Schmitz stated that his client must be afforded the full opportunity to be heard. Council member Sprute stated that Mr. Whittingham had substantially agreed with the Auditor's report, with some qualifications. Mayor Akin stated that it was against his better judgment, but recommended the Council continue the hearing. Motion by Akin, second by Kelly to continue the hearing until May 9, 1988 at 7:00 P.M.. Council member Sprute stated that he could not attend that meeting. Mayor Akin withdrew his motion, Council member Kelly withdrew her second. Motion by Akin, second by Kelly to continue the hearing until May 10, 1988 at 7:00 P.M. APIF, motion carried. 7. The Council advised Mr. Schmitz to submit any information to be reviewed by May 5, 1988. 8. The Council next considered the suspension of Sergeant Churchill. Mayor Akin noted that a letter from Mr. Churchill's attorney, Stephen Doyle, had been received by the City requesting a continuation of the hearing. Motion by Akin, second by Mayer to acknowledge receipt of said letter. APIF, motion carried. Mayor Akin stated that according to Mr. Doyle's letter, Sergeant Churchill had been instructed not to attend because Attorney Grannis had agreed that a continuance would be granted. Attorney Grannis stated that he had discussed the process of the hearing, but had never stated nor given the impression that the hearing would be continued. Mayor Akin asked if the March 31, 1988 meeting was "closed" as alleged in Mr. Doyle's letter. Attorney Grannis stated that it was an open meeting. Mayor Akin stated that he did not take it lightly when being accused of conducting a closed meeting. Motion by Akin, second by Kelly to direct Attorney Grannis to submit a letter to the State Ethics Board questioning Mr. Doyle's allegation of the closed meeting. APIF, motion carried. Mayor Akin stated that the Council should first consider the request for a continuance. Council member Sprute indicated that he could not attend an "all day" hearing as requested by Mr. Doyle. Attorney Grannis stated that he felt the request for the continuation was not unreasonable. Mayor Akin stated that the request was different from Mr. Whittingham's in that it did not appear this would involve the BCA's investigation. Mayor Akin recommended that the hearing be held. (No objection.) 9. Mayor Akin opened the hearing to consider the 45 day suspension of Sergeant Dan Churchill. Mayor Akin asked if Sergeant Churchill or any representatives were present. (No response.) Council member Mayer stated that Sergeant Churchill's attorney, Stephen Doyle, cited several cases in his letter and asked if any had merit. Attorney Grannis stated that he reviewed the cases and indicated that they could be used as arguments. Mayor Akin stated that this matter could end up in Court with the City defending its position. Administrator Thompson stated that as noted in Sergeant Churchill's memo, Sergeant Churchill had approached Finance Director Henneke on the sale of the Mustang and repair of the motorcycle. Mr. Henneke stated that Sergeant Churchill had informed him in October, 1987, that the Mustang was "gone" and later, had told him City equipment had been sold to pay for the motorcycle repair. Mr. Henneke added that his investigation had assumed the Mustang had been sold to pay for the repair. Council member Sprute asked why Sergeant Churchill had not approached the Administrator. Administrator Thompson stated that Sergeant Churchill would be best qualified to answer that question, but it could have been because of the Administrator- Department Head relationship. Council member Sprute stated that he had previously voted against the 45 day suspension because he felt it was too harsh. Council member Sprute suggested 30 days. Mayor Akin stated he had based his ( decision on the fact that Sergeant Churchill was treasurer of the police reserve, he had deposited money into that account which he knew came from the sale of a City owned gun, and had paid a City bill. Motion by Akin, second by Kelly to reaffirm the Council's decision to suspend Sergeant Churchill for 45 days without pay. Voting for: Kelly, Mayer, Uhl, Akin. Against: Sprute. Motion carried. 10. The Dakota County Assessor's staff reported back to the Council regarding the outcome of the assessed value appeals. The Council closed the Annual Board of Equalization. 11. The Council next considered a request by Kim Hedberg to reconsider the recommendation of the Acting Chief and Administrator not to hire him as a part time officer. Mr. Hedberg stated that he had been given the impression by Police Chief Whittingham and Sergeant Churchill that he had been hired. Administrator Thompson stated that only the Council could hire and he had never received a request from Mr. Whittingham to hire Mr. Hedberg. Mayor Akin stated the City owes Mr. Hedberg an apology for the misunderstanding, but felt the Council could not hire a part time employee against the recommendation of the Acting Chief and Administrator. No action was taken. 12. City Engineer Tom Kaldunski presented a feasibility report for extending sanitary sewer service to the Pine Knoll subdivision. Mr. Kaldunski gave a brief overview of the project. Mr. Kaldunski stated that because of the MUSA limitations placed by the MWCC, the Council should consider the lift station/force main design instead of trunks. Mr. Kaldunski added that the Council should consider bringing the temporary streets up to design standards in conjunction with the project. The following questions/concerns were raised: Assessment vs. Benefits; extension of the MUSA; timing of further development; present condition of streets and timing of improvement; cost of the project; amount of assessments; area of sewer district #2; condition of septic systems; houses affected by the project. While concern was raised regarding the project, it was the consensus that a public hearing be held. Motion by Sprute, second by Uhl to adopt Resolution No. R19-88 accepting the Pine Knoll Sanitary Sewer Feasibility Report. APIF, motion carried. 13. Motion by Uhl, second by Kelly to adopt Resolution No. R20-88 calling for a public hearing on May 16, 1988 at 7:15 P.M. to consider the Pine Knoll Feasibility Report. APIF, motion carried. 14. The Council next considered the procedure to hire a new Police Chief. Motion by Akin, second by Sprute to table the matter until after the May 10, 1988 appeal hearing requested by Police Chief Whittingham. APIF, motion carried. 15. The Council next considered a staff proposal to improve the planters and plant additional trees in the downtown area. Concern was expressed regarding the type and number of trees. Mr. Kaldunski stated that staff was looking for direction from the Council to improve the planters because they were a maintenance headache in the present condition. It was the consensus of the Council that staff revise the plan and return at a future meeting. 16. Motion by Akin, second by Mayer to approve a proposal by Bergman Companies, Inc. for $5,000 for a crack sealing project and to approve a budget adjustment transferring $3,000 from crack sealing (Capital Outlay) and $2,000 from seal coating. APIF, motion carried. 17. It was the consensus of the Council to table the hiring of a maintenance worker until a later date. 18. Motion by Sprute, second by Uhl to approve the consent agenda as follows: a. Approve a request to attend school - Rescue - $14.00. b. Approve a request to attend a workshop - Finance - $12.00. c. Approve payment of the bills as submitted. APIF, motion carried. 19. The Council next considered a request by the Planner to attend a planning workshop. Council member Sprute stated that the City should not send a consultant to a workshop. Administrator Thompson stated that under most circumstances he would concur, but since the Planner only serves Farmington as chief advisor to the Planning Commission, he would recommend the Council approve the request. Motion by Akin, second by Uhl to approve payment of the Planner's mileage and meals. Voting for: Kelly, Uhl, Akin. Against: Mayer, Sprute. Motion carried. 20. The Council next considered a memo from the Administrator regarding moisture problems at the Fire Hall. Mr. Thompson stated that while the contractor and architect had been cooperative, the matter had dragged on for some time and felt the Council should address the issue. Motion by Kelly, second by Mayer directing the Administrator and Fire Chief to contact the architect and inform them that the matter will be concluded after the next testing. APIF, motion carried. 21. Motion by Mayer, second by Sprute to adopt Resolution No. R21-88 clarifying the storm sewer easement in part of Lots 2,3, and 4, Block 33, Town of Farmington as recommended by the City Engineer. APIF, motion carried. 22. Motion by a park donation with Arbor Day. Uhl, second by Kelly to adopt Resolution No. R22-88 accepting of a tree by Ms. Linda Ireland to be dedicated in conjunction APIF, motion carried. 23. Motion by Sprute, second by Kelly to approve a request to attend a Park Supervisors meeting at a cost of $15.00. APIF, motion carried. 24. The Council directed the Administrator to contact Local 320 Business Agent Robert Weisenburger that the Council had not changed its position regarding meeting with the mediator as a full Council. 25. The following items were discussed during roundtable: a. Acknowledge receipt of a memo from MnDOT - Traffic signals at TH #3 and TH #50. b. Open House at FAA Center - April 15, 1988. c. Set a work session for April 20, 1988 at 7:00 P.M. - Solid Waste. d. Administrator to be gone from April 27 thru April 29, 1988. 26. Motion by Sprute, second by Akin to adjourn at 11:00 P.M. APIF, motion carried. Respectfully submitted, ~)Zc- Lar y pso City ~ minist ator Approved .---- f)