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HomeMy WebLinkAbout07.05.88 Council Minutes MINUTES COUNCIL MEETING REGULAR JULY 5, 1988 1. Acting Mayor Kelly called the meeting to order at 7:00 P.M. Members Present: Kelly, Mayer, Sprute, Donaldson. Members Absent: None. Also Present: Administrator Thompson, Attorney Grannis. 2. Administrator Thompson administered the Oath of Office to newly appointed Councilmember Donaldson. 3. Motion by Sprute, second by Donaldson to approve the agenda with the following changes: a. Delete approval of the June 14, 1988 minutes (not distributed). b. Move item lOb, Appointment of Mayor, for discussion before 8b. APIF, motion carried. 4. It was the consensus of the Council to approve the following minutes. a. June 15, 1988 regular meeting. b. June 20, 1988 special meeting. c. June 27, 1988 special meeting. 5. The Council next considered a request by the developer of Terra Second for the City to reimburse the developer $6,810 (accrued project interest) in exchange for the developer paying the City $1,850 for improvements. Councilmembers Kelly, Sprute and Mayer recalled that the Council had indicated they would not consider reimbursing the developer until all improvements were installed and that it was not implied that they would absolutely reimburse the developer. No action was taken at this time. 6. The Council next considered the appointment to the vacant Mayor's seat. Acting Mayor Kelly read aloud the names of the following candidates: Eugene "Babe" Kuchera Kathleen Henderson Phyllis Kelly Motion by Sprute, second by Mayer to appoint Phyllis Kelly to the vacant Mayor's seat. Voting for: Mayer, Donaldson, Sprute. Against: None. Abstain: Kelly. Motion carried. 7. Motion by Donaldson, second by Sprute to add appointment to the Council seat vacated by Councilmember Kelly to the agenda. APIF, motion carried. 8. Acting Mayor Kelly read aloud the name of the following candidates for the Council seat vacated by Councilmember Kelly. Eugene "Babe" Kuchera Kathleen Henderson John McKnight Robert Morrison Gerald Ristow Motion by Mayer, second by Sprute to appoint Eugene "Babe" Kuchera to the vacant Council seat. A lengthy discussion followed regarding Acting Mayor Kelly's vote. Councilmember Sprute noted that State Law provided a resigning Councilmember may not vote on his/her successor. Attorney Grannis stated that, technically, Councilmember Kelly was not resigning her seat, but rather, the seat was automatically vacated by her appointment. Attorney Grannis also noted an Attorney General's opinion which stated that a councilmember who is elected mayor before the expiration of his/her term may vote on the successor. Councilmember Mayer stated that the opinion referred to an "elected" mayor, not appointed. The Council could not reach a consensus on the interpretation of the law. Attorney Grannis stated that the Council could complete the vote and wait for an Attorney General's opinion, or the motion could be withdrawn. Voting on the motion: For: Sprute, Mayer. Against: Kelly, Donaldson. Motion failed. 9. The Council directed the City Attorney to ask the Attorney General the following questions: A. Can a councilmember who has been appointed mayor vote on his/her successor? B. If the answer to Question A is no, does that automatically rescind Councilmember Kelly's vote, and the motion carries? 10. Motion by Sprute, second by Mayer to appoint Councilmember Kelly as the City's representative to the ALF Ambulance Board and Donovan Mayer as the alternate. APIF, motion carried. 11. The Council next considered the process for hiring the police chief as recommended by Administrator Thompson and Acting Chief Siebenaler. The Council clarified that the maximum number of candidates to be tested was 20. Administrator Thompson distributed an estimate of costs for selecting the chief. The Council also indicated that the Acting Chief should not be part of the process, since he may be a candidate. Motion by Kelly, second by Mayer to approve the police chief hiring process as outlined in the Administrator's June 29, 1988 memo and to appoint Councilmember Donaldson, Councilmember Sprute and Administrator Thompson as the initial screening committee. APIF, motion carried. 12. Daniel Edgerton of Bonestroo, Rosene, Anderlik presented the Farmington Comprehensive Water Study, and gave a summary of the report. Administrator Thompson noted that the Water Board had adopted the study and recommended that the study be incorporated into the Subdivision Ordinance to enhance implementation of the study. Mr. Edgerton noted that the proposed fees were about the average of surrounding communities. Motion by Kelly, second by Sprute to ratify the Farmington Comprehensive Water Study. APIF, motion carried. 13. Motion by Mayer, second by Kelly to adopt Ordinance No. 088-202 amending the City Subdivision Ordinance by incorporating the Farmington Water Supply and Distribution Plan and authorizing charges. APIF, motion carried. 14. The Council next considered a proposal by General Services Superintendent Tom Kaldunski to purchase a packer for the 1984 chassis. Mr. Kaldunski explained that even if the Council changed styles of trucks, the City would require the services of a rear loading truck until the early 1990's. Motion by Sprute, second by Mayer to authorize the General Services Superintendent to prepare plans and specifications for a rear loading packer truck. APIF, motion carried. 15. General Services Superintendent Kaldunski presented the following bids for the 1988 Seal Coat project: Firm Bid Allied Blacktop Bituminous Roadways Astech $14,884.00 15,875.50 20,693.00 Minut~s - Council - 7-5-88 Mr. Kaldunski recommended that, because of the favorable bids, Change Order #1 be approved increasing the scope of the project as outlined in the July 5, 1988 memo. Motion by Kelly, second by Donaldson to adopt Resolution No. R44-88 accepting the apparent low bid of Allied Blacktop of $14,884.00, authorizing and directing the Mayor and Administrator to execute the appropriate documents, and approving Change Order #1 adding $3,124.34 to the price of the contract. APIF, motion carried. 16. The Council next reviewed an update by the Administrator relating to the elevator at 3rd and Main Streets. Mr. Thompson noted that the building was scheduled to be torn down this week. Motion by Sprute, second by Donaldson that in the event the structure is not torn down by Friday, the City erect a fence around the property. APIF, motion carried. 17. Motion by Kelly, second by Mayer to adopt Resolution No. R45-88 approving a Household Hazardous Waste Collection agreement between the cities of Farmington and Lakeville, and Dakota County as presented, with the amendment noted in the June 30, 1988 letter from Attorney Grannis. APIF, motion carried. 18. Motion by Donaldson, second by Kelly to move discussion of the 1988 Police Officers' Labor Agreement to the end of the meeting. APIF, motion carried. 19. Motion by Kelly, second by Donaldson to approve the Capital Outlay request of $1,076.00 and budget adjustment - Administration - for a new typewriter. APIF, motion carried. 20. Motion by Kelly, second by Mayer to approve a salary adjustment to $7.00 per hour for Jeanne Stanek and budget adjustment. APIF, motion carried. 21. Motion by Donaldson, second by Sprute to approve a budget adjustment extending the part time hours in solid waste. APIF, motion carried. 22. Motion by Mayer, second by Donaldson to appoint Richard Schimmel as a per- manent full time employee. APIF, motion carried. 23. Motion by Mayer, second by Sprute to extend the deadline of the installation of improvements for Dakota County Estates 2nd and 4th until May 1, 1989 contingent upon the surety being extended until May 30, 1989. APIF, motion carried. 24. Motion by Sprute, second by Kelly to approve the consent agenda as follows: a. Approve change of the Senior Center name to "Farmington Community Senior Center". b. Approve capital outlay request - Fire Department - Video Equipment - $980.00. c. Approve schools and conferences request - Administration. d. Approve capital outlay request and budget adjustment - Sewer Department - Manhole Rehab - $9,800. e. Approve capital outlay request - Liquor Store - Refrigerator - $1,675.00. f. Approve payment of the bills as submitted. APIF, motion carried. 25. Motion by Donaldson, second by Mayer to adopt Resolution No. R46-88 approving a consultant agreement between the City and DPRA for solid waste purposes as presented with the following changes: a. Detailed fee schedule added. b. Not to exceed cost of $4,000. c. City withholds 10% of payment until project is completed. APIF, motion carried. 26. Attorney Grannis informed the Council that he had researched the law relating to Council appointments, and that the law indicated that Councilmember Kelly's vacant council seat did not become vacant until she took the Oath of Office and signed the oath. Therefore, any action taken relating to her replacement was null and void. At this time, the City is operating with an acting mayor until Council- member Kelly takes the Oath of Office. 27. Motion by Kelly, second by Donaldson to adjourn into executive session at 9:50 P.M. to discuss the bargaining strategy for the 1988 Police Officers' Labor Agreement. APIF, motion carried. 28. Motion by Donaldson, second by Kelly to return to regular session. APIF, motion carried. 29. Motion by Sprute, second by Mayer to adjourn at 10:15 P.M. APIF, motion carried. Respectfully submitted, ~)7r- Larry Thompson City Administrator Approved 1 L1//6~