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HomeMy WebLinkAbout10.21.85 Council Minutes MINUTES. COUNCIL MEETING REGULAR OCTOBER 21, 1985 241 1. Mayor Akin called the meeting to order at 7:00 P.M. Members Present: Akin, Kelly, Mayer, Orr, Sprute. Members Absent: None. Also Present: Administrator Thompson, Attorney Gorgos. 2. Motion by Orr, second by Sprute to adopt the agenda with the following changes: a. Remove all items from the consent agenda for general discussion. b. Delete item 9a regarding Special Assessment funds. c. Discuss the hiring of part time patrol. APIF, motion carried. 3. It was the consensus of the Council to approve the minutes of September 30, 1985 special session. 4. Motion by Sprute, second by Akin to approve the minutes of the October 7, 1985 regular meeting with the correction that a roll call vote was called under item #19, and Sprute voted nay. APIF, motion carried. 5. The Council next considered the Liquor License application of Leo Michaels dba Pete Michaels. Motion by Akin, second by Orr that, based upon past practice, the license fee be pro rated to $450, if approved. APIF, motion carried. 6. Motion by Kelly, second by Sprute to set a public hearing for November 4, 1985 at 7:15 p.m. to consider the On Sale and Special On Sale Sunday Liquor license applications of Leo Michaels dba Pete Michaels. APIF, motion carried. 7. The Council next considered the recommendation of the Deputy Clerk for precinct boundary changes, which was tabled from the previous meeting. Administrator Thompson explained that, based upon future growth, the precinct changes should remain as pro- posed. Motion by Orr, second by Mayer to adopt Resolution No. R58-85 amending the precinct boundaries. APIF, motion carried. 8. The Council next received a memo from the Administrator regarding the status of the property at 4th and Main. Administrator Thompson explained that the Fire Marshal had been notified and the owner notified to upgrade the property. No action was taken at this time. 9. The Council next conducted the City Administrator's annual review. Attorney Gorgos stated that the summary of reviews was very favorable. Favorable comments were made by each Council member. 10. Motion by Kelly, second by Orr to call a special joint meeting on November 21, 1985 at 7:30 P.M. at the Dakota County Extension Office or at Dakota Electric Association as an alternate, to discuss the Southeast Storm Sewer Project. APIF, motion carried. 11. The Council next considered staff recommendation to allow City employees to Martin Luther King's Birthday as a floating holiday, vacation day or for no pay. by Akin, second by Kelly to add Martin Luther King's Birthday (January 20, 1986) 1986 Employees Holiday schedule. APIF, motion carried. 12. The City Council next considered the amendments to the Sign and Zoning Ordinance as per recommendation of the Planning Commission. City Planner Charles Tooker gave a brief explanation of the amendments and suggested that the Council and Planning Com- mission meet in joint session to discuss the proposal. It was the consensus of the Council to review the amendments and discuss the matter further during the second meeting in November. take Motion to the 242 12. Motion by Akin, second by Sprute to offer the position of full time Accounting Clerk to Arvilla Neff at $5.50/hour effective January 1, 1986. APIF, motion carried. 13. The Council reviewed a memo from Park and Recreation Director Jim Bell regarding the canopy at the arena. The matter was tabled until later in the evening. 14. The City Council next considered several capital outlay requests by the Fire Department. Mayor Akin asked if it was appropriate to purchase appliances with money originally donated for rescue equipment. Attorney Gorgos stated that since the money had been transferred to the Fire Facility Fund, it was proper. Concern was expressed regarding the purchase of kitchen appliances for the Fire Department. Motion by Mayer, second by Sprute to approve the capital outlay purchases as pre- sented. APIF, motion carried. 15. Motion by Orr, second by Akin to approve a request to attend an EMT refresher course by the Fire Department. APIF, motion carried. 16. Mayor Akin opened a public hearing at 8:30 P.M. to consider the VFW Liquor License. Attorney Gorgos explained that the matter of a gambling violation had been brought to the City Council and, as per the City Code. such a violation was grounds for suspension or revocation of a liquor license. Attorney Gorgos noted that the manager of the VFWhad pled guilty to the charge. The following testimony was heard. Robert Steele (Manager) - I received a phone call from the Police Chief on July 26, 1985 notifying me of the violation. I immediately shut the machines off and had them removed. Forty-three (43) days later I got the ticket. On September 18, 1985 I pled guilty and was fined $30 under State Law, which states that the licenses may be revoked after the second offense. Then I was informed that the Council could revoke under City Law. Most of the profits go back to the community and we did pay taxes. I admit that I violated the Law, but I have stopped and will not continue. Ed Ulvi - I don't understand why your a trying to run a business out of town. George Keilen - I think it's ridiculous that the Council would consider revocation or suspension over a $.25/$.50 operation. Mayor Akin - We aren't questioning the integrity of the VFW, its employees or members. What we have is a violation of certain conditions placed on a liquor license. Certain responsibilities go with the privilege of having a license. There is no doubt that the VFW was operating illegally. The City Council and Police Officers take an oath to uphold the law. A complaint was made, they were compelled to respond. Richard Johnson (Post Commander) - Is 6-5-4 or "shake a day" illegal? Attorney Gorgos - The type of game doesn't matter. The question is if the establishment is making the payoff. The state isn't interested in gambling between people for a cup of coffee. Mike Hince - I would like the police report read. Mayor Akin read the police report, a copy of which is attached. Mike Hince - How much did the investigation cost? Mayor Akin - I don't know, but it is irrelevant. Mike Hince - All that City money spent on a nickle and dime operation. What about shaking at the Exchange? Council Minutes - Regular - 10/21/85 Attorney Gorgos - The Exchange doesn't payout. Police Chief Whittingham - As a point of clarification, the VFW was charged under liquor code, not the gaming code. Tom Ryan - Why didn't the Police Chief just call the manager and tell him to stop. Why spend $1,000 on an investigation? Bob Steele I was informed by the vendor that the Police would seize the machines and the liquor license would not be in jeopardy. Stan Whittingham - The payoffs, not the machines, were in violation of the code. Therefore, we had no right to seize. Bill Frame - A license should not be revoked for a misdemeanor violation. Councilman Orr - The violation was not a "nickel and dime" operation, but netted $150/$180 per night for five months. The problem I have is with the manager knowing that it was illegal. If the manager allowed the operation, what about other aspects. Mayor Akin - I find it hard to believe that no one from the House Committee knew about it. Don Marcott - I did not know about it. Councilman Orr - It should be noted that it was a $300 fine, not $30. Councilman Sprute - The House Committee did not know? Robert Steele - Not to my knowledge. Councilman Sprute - I never noticed them. What do you intend to do to prevent further violation? Bob Steele - Any new operation will be checked out by the Police Chief or City Attorney. Councilman Mayer - I'm concerned about the manager knowing of the violation. Officer Siebenaler - I can see where there could be a confusion regarding legality, because the County Attorney and Assistant County Attorney did not know that it was illegal. Mayor Akin closed the public hearing. 17. Mayor Akin noted that some of the confusion regarding gambling was a result of State action. Attorney Gorgos stated that the Council could take no action; suspend or revoke the license. Motion by Mayer, second by Orr to adopt Resolution No. R59-85 suspending the liquor license of the VFW for 30 days effective October 21, 1985 and to stay the imposition of the suspension for 30 days providing the VFW cause no further liquor license violations during that period. Voting for: Akin, Mayer, Orr, Sprute. Voting against: Kelly. Motion carried. 18. Discussion was resumed regarding the arena canopy. Councilman Sprute suggested that the flagpole should be redesigned to prevent damage. It was suggested that a fenced off area be built to store materials. Administrator Thompson stated that repairs to the canopy would be funded through Repairs and Maintenance. Ov'6 Council Minutes - Regular - 10/21/85 19. The Council next considered the projects list as submitted by the Administrator. It was the consensus that the needs list would be updated and put in letter form to be considered at the next regular meeting. 20. The Council next considered the Administrator's recommendation to abate the unsafe conditions at 600 Second Street. Councilman Sprute expressed concern regarding the condition of the ladder and catwalks at the gas tanks. Motion by Orr, second by Sprute that under the provisions of M.S. Chapter 403, Section 15 through 26 that the owner of the property at 600 Second Street be given 30 days to show compliance with the building code to the point of acceptance, and if com- pliance is not met, the building be razed within 30 days. The motion further stated that the Attorney is directed to prepare and sign a notice relating to the afore- mentioned actions. APIF, motion carried. 21. Motion by Kelly, second by Mayer to approve the General Fund Adjustments as per recommendation of the Finance Director. APIF, motion carried. 22. Motion by Sprute, second by Orr to approve the final payment to Lund Asphalt for the Dakota County streets improvement project. APIF, motion carried. It was the consensus of the Council not to adjust the certified assessment roll. 22. Motion by Akin, second by Orr to approve the list of bills as submitted. APIF, motion carried. 23. Administrator Thompson presented Teamsters Local 320's proposed changes for the 1986 labor agreement. Attorney Gorgos said that the Data Practices Act allowed public discussion of the proposal. It was the consensus of the Council that the members review the demands and meet in executive session to prepare a response. 24. The Council next considered the hiring policy for part time police officers. Discussion followed regarding the actual duties of part time officers. Police Chief Whittingham stated that all part time officers patrol dances, high school games and ride along with full time officers. Chief Whittingham added that he intended to propose that one or two part time officers be appointed to fill in on regular shifts once they had received adequate training. The appointment would be by Council action. Concern was expressed regarding the reaction of Teamsters Local 320 and putting inexperienced officers on the street. Administrator Thompson stated that it appeared the City had the right to hire part time employees to fill in regular shifts under the present ,contract. Motion by Orr, second by Kelly to appoint Michael Aamodt as a part time patrol officer and Diane Delzer as a part time patrol officer/dispatcher. Voting for: Kelly, Orr, Sprute. Voting against: Akin, Mayer. Motion carried. 25. Motion by Sprute, second by Orr to adjourn at 11:00 P.M. APIF, motion carried. Respectfully submitted, Approved /l14! ~5 LT/mh (~.;'~ >l ..J ':ft.' '......,