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HomeMy WebLinkAbout06.06.88 Council Minutes MINUTES COUNCIL MEETING REGULAR JUNE 6, 1988 1. Acting Mayor Kelly called the meeting to order at 7:00 P.M. Members Present: Kelly, Mayer, Sprute. Members Absent: Akin, Uhl. Also Present: Administrator Thompson, Attorney Grannis. 2. Motion by Sprute, second by Mayer to approve the agenda with the following changes: a. Remove Budget Adjustment Request - Hazardous Waste. b. Discuss items 8b and Sa concurrently. c. Discuss items 13c and lOa concurrently. d. Discuss boulevard conditions relating to reconstruction. APIF, motion carried. 3. It was the consensus of the Council to approve the minutes of the May 10, 1988 special meeting, May 16, 1988 regular meeting and May 31, 1988 special meeting. 4. Motion by Kelly, second by Sprute to approve the minutes of the May 23, 1988 special meeting with the change of the date on the title from May 22, 1988 to May 23, 1988. APIF, motion carried. 5. Motion by Kelly, second by Mayer to set a public hearing for June 20, 1988 at 7:30 P.M. to consider the extension of water service to the Fairgrounds. APIF, motion carried. 6. Administrator Thompson stated that the Lawyer Ethics Board had requested a clarification relating to Council intent relating to the complaint against Stephen A. Doyle. Mr. Thompson stated that without specific action stating the Council's intent to file an actual complaint, the Board would not take action on the matter. Dis- cussion followed regarding Council intent. It was agreed to table the matter until June 20, 1988. 7. Acting Mayor Kelly opened a public hearing at 7:15 P.M. to consider the 1988 Street Improvement Project. Administrator Thompson gave a brief background of the project and indicated the Council should resolve the storm sewer, truck route and assessment policy issues before the project is ordered. Mr. Thompson added that the Council could not order the project at this time because it required a 4/5 vote. City Engineer Kaldunski reviewed the feasibility report noting locations, design standards, sanitary sewer, storm sewer improvements, project costs, assessable cost and typical assessments. The following is a summary of testimony given. Lauretta Schneider: The engineer mentioned that the present 4" water main worked satisfactorily. I do not have good water pressure. That could be due to a number of reasons, but I'll check it out. Do you replace sod and driveways? Mr. Kaldunski: L. Schneider: Mr. Kaldunski: contacted, but at the We replace sod and install a 3' driveway apron. contractor will install the rest of the driveway owner's expense. The if Oran Evans: I understand why the City would assess non-abutting property, but why only go 3 properties in from the corner. Larry Thompson: That is the midpoint of the block. Also, the speeds on 4th Street and Elm should be monitored. It is dangerous to kids. Sue Harshbarger: We bought our house in good faith that trucks would not be allowed on 4th Street. Now you are designing it as a truck route, just to satisfy Marigold, Inc. The trucks are noisy and dangerous. The truck route design is due to politics. If the City designs 4th Street as a truck route, we will get an injunction. O. Evans: L. Thompson: We can't stop traffic on streets just because there are kids in the neighborhood. It becomes a matter of en- excessive. Also, I resent the implication that the City is a truck route because of political concerns with Marigold. been discussed with Marigold. forcement if speeds are designing 4th Street as The matter has not even Robert Stegmaier: There have been trucks using 4th Street for several years. There are less now because farmers aren't hauling directly to the creamery. Earl Anderson: You are proposing running sewer on 4th Street south of Main. I don't need the service. I already have service to Main Street. I will not pay for it. Also, trucks are a problem. The City should consider restricting parking between Elm Street and the alley. How is the width of the street calculated. T. Kaldunski: From back to back of curb. Merle Tobias: T. Kaldunski: The truck route was designed to turn west on Main Street then south on Third. That route was a State highway at that time. We don't want too many turns being made because of wear and tear on the streets. L. Schneider: T. Kaldunski: Non-abutting interior lots would be required to pay for part of the assessment. If the Council adopts the assessment policy as proposed. If we can't order the project, can you proceed with preparing the plans and specifications at this time? It would be difficult without having a decision on the storm sewer and truck route. 1. Thompson: Councilmember Mayer: Cm. Mayer: If we hold a special meeting, can you stay on schedule? I can stay close. What decision has to be made on the 4th Street design? If it should be designed as a truck route or standard residential. Councilmember Sprute: Staff has recommended to install the storm sewer trunk west of the railroad tracks. I am not sure that I want it to run that way. I don't want to make a hasty decision. T. Kaldunski: Acting Mayor Kelly: T. Kaldunski: Acting Mayor Kelly: I call a special meeting for June 14, 1988 at City Hall to make a decision on the truck route, storm sewer, assessment policy and ordering of the project. Motion by Sprute, second by Mayer to close the hearing. APIF, motion carried. 8. Motion by Mayer, second by Kelly to adopt Ordinance No. 088-201 relating to the disposition of City property. APIF, motion carried. 9. The Council next considered the request by Stephen A. Doyle relating to arbitrating the personnel action on Sergeant Churchill. It was the consensus that this matter also be placed on the June 14, 1988 special meeting agenda. 10. Motion by Mayer, second by Sprute to adopt Resolution No. R34-88 requesting the Vermillion River Watershed Board to implement the Southeast Area Storm Sewer project. APIF, motion carried. 11. The Council next considered the proposed vacation accrual policy. Administrator Thompson recommended that the cap not be increased but to change the accrual to a monthly rather than annual basis. Councilmember Sprute asked what the cost to the City would be. Administrator Thompson stated that other than employees being allowed to use vacation sooner, it would not cost the City any additional money. Council- member Sprute stated he was opposed to any employee using vacation during the first year of employment. Administrator Thompson stated that could be added to the policy. Motion by Sprute, second by Kelly to adopt Resolution No. R35-88 amending the City personnel policy by changing the method of vacation accrual from an annual to a monthly basis, and to allow a one year adjustment period. APIF, motion carried. 12. The Council considered a request by Engineer Kaldunski to approve the proposed downtown planter design. Mr. Kaldunski stated that he was requesting approval now, but would wait until Fall to order the trees, which would include Linden and Locust trees. Concern was expressed regarding the use of sidewalk maintenance funds. Motion by Kelly, second by Sprute to accept the donation of cash to purchase four raised planters from the Chamber of Commerce. APIF, motion carried. 13. Motion by Kelly, second by Mayer to approve the plan as proposed, authorize the expenditures, and approve the budget adjustments with the exception of only $500 to come from sidewalk maintenance, the balance will have to be funded from other sources approved by the Council. APIF, motion carried. 14. Motion by Sprute, second by Kelly to adopt Resolution No. R36-88 approving an agreement with Dakota County relating to the improvement of County Road #64. APIF, motion carried. 15. Motion by Kelly, second by Mayer to approve a budget adjustment transferring $182 from the contingency to Fire Department Machinery and Equipment. APIF, motion carried. 16. The Council next considered a request for reimbursment for damaged clothing by Dirk Rotty. Administrator Thompson stated that while he sympathized with Mr. Rotty, he was concerned about the number of future claims if the request was approved. Acting Mayor Kelly agreed with Mr. Thompson, adding that almost every employee could make a claim for damaged clothing. Fire Chief Kuchera stated that he would like to discuss the matter with the Administrator to draft a policy. Councilmember Sprute stated that the Council should honor the request at this time. Motion by Sprute, second by Mayer to approve up to $50 for clothing reimbursement for Dirk Rotty to be transferred from contingency. Voting for: Mayer, Sprute. Against: Kelly. Motion carried. Councilmember Kelly clarified her vote by stating she was afraid of setting a precedent. 17. Motion by Kelly, second by Mayer to approve the arcade license for Bob Morrisson dba Bob's Cafe, the fee to be pro-rated from June 1, 1988. APIF, motion carried. 18. Motion by Kelly, second by Sprute to approve a capital outlay request by Park and Recreation to purchase a lawnmower from Corcoran's Equipment for $10,399. APIF, motion carried. 19. Motion by Kelly, second by Sprute to adopt Resolution No. R37-88 accepting the resignation of Councilmember Uhl effective June 6, 1988. APIF, motion carried. 20. It was the consensus of the Council that the City advertise for applicants for the vacant Mayor and Council seats until June 24, 1988, and that a special meeting be held to appoint the replacement for Councilmember Uhl. 21. Motion by Mayer, second by Kelly to increase the Clerk/Typist's salary by $2.00 per hour during the 3 week period that the Deputy Clerk was on sick leave. APIF, motion carried. 22. Motion by Kelly, second by Mayer to approve the certificate of appreciation form as presented by the Park and Recreation Director. APIF, motion carried. 23. Motion by Kelly, second by Mayer to approve the fiscal policy as presented. APIF, motion carried. 24. The Council next considered proposed street signs in new developments. Administrator Thompson stated that he did not agree with the placement of all the proposed signs and did not see the urgency in installing them. Engineer Kaldunski stated that he was trying to point out potential problems to the Council and the cost for a remedy. It was the consensus of the Council that there were problem areas that should be addressed immediately. Motion by Kelly, second by Sprute to approve the purchase of 9 "Stop" signs, 2 "Slow Children" signs and 1 "Yield" sign at a cost of $840 and to approve a budget adjustment from Contingency to fund it. APIF, motion carried. 25. Motion by Mayer, second by Kelly to approve a budget adjustment of $2,000 from Contingency to General Services - Traffic Signals to fund the City's share of the traffic signals at T.H. #3 and #50 (north and south intersections). APIF, motion carried. 26. Attorney Grannis presented the options available to the Council relating to Terra Second Addition Developers Agreement. Engineer Kaldunski stated that approximately $1,850 in improvements remained. It was the consensus of the Council that the Engineer request, in writing, that the developer install the improvements and the Council will address the matter if no action is taken. 27. Motion by Kelly, second by Mayer to approve the consent agenda as follows: a. Grant blanket approval for staff and Council to attend the annual LMC Conference. b. Approved a temporary 3.2 on-sale license - M.W. Johnson Softball Tournament. c. Approved various Mt. Dew Days licenses and permits and waived fees. d. Approved 1988 Seal Coat plans and specifications and order advertisement of bids. e. Approved various budget adjustments. f. Adopted Resolution No. R38-88 accepting a donation to the Senior Center of exercise equipment. g. Approved Maintenance Project No. 88-11 - Flagstaff Avenue. h. Approved the addition of Inverse Condemnation and Pollution Liability Insurance Coverage and budget adjustment of $750 from contingency. i. Approve payment of the bills as submitted. APIF, motion carried. 28. Motion by Sprute, second by Kelly to set a public hearing at 7:30 P.M. on June 20, 1988 to consider the establishment of an Economic Development Authority. APIF, motion carried. 29. The Council next considered the maintenance of boulevards after the streets have been reconstructed. Councilmember Sprute stated that the boulevards had been installed poorly during the 1986 Street Improvement Project and that some areas of grass had died. Councilmember Sprute suggested that the City water the recon- structed boulevards for one year after installation. No action was taken at this time. 30. During roundtable, the following items were noted. a. Attorney Grannis noted that a court date had been set for Terra, Inc. assessment appeal. Mr. Grannis stated that he would request the Court set aside the case because of 1) terms of the developer's agreement; and 2) timing of the appeal. b. Attorney Grannis stated that he had been informed by the Washington County Attorney that there was insufficient evidence to prosecute Police Chief Whittingham. Mr. Grannis indicated he would review the file and report back to the Council. c. Administrator Thompson reminded the Council of special meetings on June 14, 1988 and June 15, 1988. 31. Motion by Mayer, second by Sprute to adjourn at 11:15 P.M. APIF, motion carried. Respectfully submitted, ~J7r- Larry Thompson City Administrator Approved 1-1/-[6'