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HomeMy WebLinkAbout08.16.82 Council Minutes MINUTES COUNCIL MEETING REGULAR AUGUST 16, 1982 1. The meeting was called Present: Mayor Ste9maier, Absent: None A I so P resen t: to order by the Mayor at 7:00 P.M. Coundlmembers Cook, Kelly, Kuchera, Orr Administrator Ford, Attorney Gorgas 2. Motion by Kelly, second by Orr to approve the minutes of August 2, 1982 as presented. APIF, motion carried. 3. The City had taken bids at 2:00 P.M. this date for 1982 Sealcoating and the results were presented to the Council as follows: Bituminous Roadway $ 9,927.50 Blacktop Service 10,191.50 Bituminous Materials, Inc. 11,990.00 Allied Blacktop 12,589.50 Highway Surfacing 12,636.25 Motion by Kuchera, second by Cook that award of contract be made to Bituminous Roadways, Inc. in the amount of $9,927.50, that following execution of the contract by both parties~ that the City Engineer be authorized to issue a change order in an additional amount not to exceed 25% of the contract, and further, that the Superintendent of General Services be authorized to designate the areas to be sealcoated which are covered by the change order. APIF, motion r; carried. 4. The Counci I informally reviewed the fi rst draft of information to be provided to the public in connection with the proposed bond issue to provide funds for the acquisition of a site for a future fire facility. It was the consensus of the Council that no specific details as to type, size, cost, or timing regarding the future facility itself, be stated in the information provided to the public in regard to the bond sale for the site acquisition. It was also the consensus of the Council that the City Attorney be authorized and directed to prepare the legal question which shall appear on the ballot. 5. Motion by Cook, second by Kuchera to authorize the capital outlay purchase of an air compressor for the Fire Department from Compressed Air and Equipment Company in the amount of $8,380 and further, that the General Fund be adjusted by reducing the capital outlay for that line item by $600 and increasing the contingency account by a similar amount. APIF, motion carried. 6. Motion by Kuchera, second by Orr to approve the amendment of the Fire Department By-Laws as requested by a majority vote of the Fire Department at a formal meeting held ,September 14, 1981 by changing the probationary period from 6 months to One year. APIF, motion carried. 7. The Council reviewed a memorandum from the City Administrator dated August 10, 1982 in which he informed the Council that the selection process prescribed by the Council to fill the position of Senior Citizen Center Coordinator had now been completed and he was making his recommendation to the Council. Members of the Council discussed the memorandum among themselves and put several questions to the Administrator. Motion by Kelly, second by Orr to authorize the offer of employment to be made as recommended by the City Administrator to Catherine Marie Boebel-Denison. APIF, motion carried. 8. The Mayor reported to the Council that he had met with the Chairman of the HRA and had negotiated an overhead reimbursement amount which he could recommend to the Council. He informed them that the amount which he was recommending to which the Chairman had agreed, was $10,000 for 1982 and $10,000 for 1983. Motion by Orr, second by Kelly that the Council approve the negotiated figures and if approved by the HRA, the Administrator be auth- orized and directed to implement the agreement. APIF, motion carried. 9. Motion by Kuchera, second by Cook to adopt Resolution No. R19-82 Approving List of Election Judges and Designating Polling Place for State Primary Election. APIF, motion carried. 10. Motion by Orr, second by Cook to adopt Ordinance No. 082-134t An Ordinance Regulating Transient Merchant Sales. APIF, motion carried. 11. The Council recognized, having received a final draft of the proposed cable television ordinance which included the most recent changes required by the State Cable Board which had been submitted to the Cable Board by the City Attorney. No action required. 12. Motion by Kelly, second by Kuchera to set the first public hearing on revenue sharing for 7:00 P.M., September 20, 1982. APIF, motion carried. 13. The next item on the agenda dealt with the Open Meeting Law. Council member Orr stated that the item was on the agenda at his request. He explained that he and others had received a letter from Mr. Robert Hughley, a resident of Rosemount and also a Dakota County Deputy Sheriff. Mr. Hughley stated in the letter that he was sending it to the individuals because the Dakota County Tribune had refused to print it as a letter to the editor. In the letter he stated that he had overheard a conversation between Council- member Kuchera and Acting Police Chief Dan Churchill which, if true, implied a possible violation of the Open Meeting Law. Mr. Orr stated that he had two major concerns with this episode: (1) whether all members of the Council were complying with the Open Meeting Law, and (2) whether the Council was given some incorrect information when Kuchera answered IInoll in the earlier meeting in which Mr. Orr asked whether any member of the Council had consulted with each other. Member Orr stated further that he felt the credibility of the Council has been threatened. He stated further that if he were one who was implicated by the allegations that he would wish an opportunity to respond and to clear the record. The Mayor then asked if Member Kuchera or Member Cook had anything to say. Member Cook responded that he had nothing to say, that he had nothing to do with Kuchera, and that he didn't know what he was talking about. Member Kuchera stated he had no comment since he was involved in litigation concerning the Open Meeting Law. Mayor Stegmaier stated he was particularly bothered by the statement in the letter which intimated that violations of the Open Meeting Law were IIcommon practicell among some members of the Farmington City Council. Member Orr asked if any member of the Council would object if the City Attorney were directed and authorized to investigate the allegations in the letter. Mayor Stegmaier stated he had no objection. Member Cook stated that it made no difference to him but that the City would have to pay Kucherals attorney fees. Motion by Stegmaier, second by Orr that the City Attorney be authorized and directed to investigate the circumstances referred to in the subject letter and the implications thereof, and to report back to the Council his findings. Voting for: Stegma,jer, Cook, Kelly, Orr. Abstaining~ Kuchera. Motion carried. Council meeting minutes of August 16, 1982 continued 14. Motion by Orr, second by Kelly that the City request that the Dakota County Highway Department and the Dakota County Board investigate vehicular speed on County State Aid Highway #31 between 190th Street and State Highway #50. The objective being to post the maximum speed limit in that stretch of road to 45 MPH. APIF, motion carried. 15. Motion by Orr, second by Kelly to approve the payment of bills as presented. APIF, motion carried. 16. Motion by Orr, second by Kelly that the building located at 416 Third Street be declared a public nuisance and hazard and instructed the City Attorney to take the necessary legal steps to have the building removed within 60 days of receipt of notice to move. APIF, motion carried. 17. The Council clarified the Shade Tree Program procedure as follows: When a diseased tree is detected on private property the owner of that property shall receive a notice to remove the tree and the stump and if the property owner takes the necessary action within 20 days, the owner shall be eligible for 25% of cost subsidy. If action is not taken by the owner to remove the tree within 20 days, at the expiration of the 20 day period the City shall remove the tree and the total cost shall be billed back to the owner. I f the bi II is not paid the total cost shall be certified to their taxes. A property owner wishing to avail himself of the subsidy but unable to pay the total cost at one time shall request of the City a multi-year payment schedule not to exceed five years, which requires Council approval. 18. Motion made and seconded to adjourn at 8:30 P.M. RespectfUllY. submi ~:e~# ~t:.~ Wi II i am J. Ford -, ~ City Administrator APPROVED: q /, /,'). WJF/sz