HomeMy WebLinkAbout01.29.79 Special Council Minutes
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MINUTES
COUNCIL MEETING
SPECIAL
JANUARY 29, 1979
1. The meeting was called to order by the Mayor at 7:00 P.M.
Present: Mayor Akin, councilmen Kuchera, Orr and Whittier
Absent: Councilman Johnson
Also Present: Administrator Ford, Attorney Gorgos, Finance Director Hawes and
Police Chief Metcalf.
2. Motion by Kuchera, second by Akin that the minutes of January 22, 1979 be approved
with the following correction: In paragraph 5 strike the APIF ard instead put,
Voting for: Kuchera, Orr. Voting against: Akin. Absent: Johnson and Whittier.
APIF, motion carried.
3. The Mayor then opened the public hearing which had been continued from the
meeting of January 22, 1979, in the matter of the request of rezoning by William
Johnson for the property located at 513 3rd Street from an R-3 to B-2 zone. This
request for rezoning had come to the council with a favorable recommendation of
the Planning Commission. Several members of the audience were interested parties
and adjacent property owners. Many spoke in favor of the petition and many spoke
against. After a considerable time and after all comments from the audience had
been exhausted, the Mayor then closed the meeting to the public and brought it
back to the council table. Each councilman expressed his views as to the merits
and the disadvantages of the proposed rezoning. Motion by Orr, second by Kuchera
to adopt ORDINANCE NO. 079-77 which effects the rezoning contained in the above
petition. Voting for: Orr, Kuchera, Whittier. Voting against: Akin. Absent:
Johnson. Motion carried.
4. A matter related to the above rezoning which was also recommended by the
Planning Commission involved the rezoning at this time from B-2 to R-3, the
present site of the Housing for the Elderly. It was explained that the Housing
for the Elderly had been granted a special exception in the B-2 zoning district
and that by rezoning it at this time it would tend to 'Iclean Up" the zoning map.
Motion by Whittier, second by Akin that a public hearing be set in this matter
for 7:30 P.M., March 5, 1979, and that appropriate notice of same be made. APIF,
motion carried.
5. The Mayor then opened at 8:00 P.M., the second public hearing to consider a
pre-application to be submitted to HUD by the City under the Community Development
Block Grant program. A previous public hearing had been held in this matter. At
the previous public hearing, Rick Anderson, Executive Director of the HRA, had
suggested to the council with the concurrence of the HRA, that the pre-application
might well include an area in the central business district, the NW corner of
3rd and Spruce Street, commonly referred to as the McHugh building. Mr. Anderson
now, however, recommended to the council, again with the concurrence of the HRA,
that the pre-application include lots 2, 3, and 4, Block 6, Original Town of
Farmington, which is an area zoned for heavy commercial and Light Industrial,
but which currently contains residential continuing non-conforming uses. The
Mayor then closed the public hearing and invited a motion from the council. Motion
by Akin, second by Kuchera to adopt RESOLUTION NO R7-79 authorizing and directing
the Executive Director to prepare a pre-application for submittal to HUD under
the CDBG program, and more specifically entitled "Economic Development, Small Cities
Program, Single Purpose". The pre-application should be in the amount of $85,900,
and would be used for land acquisition, relocation and demolition. And that
further the City would authorize the expenditure of, not to exceed $700.00 to cover
the cost of preparation. APIF, motion carried.
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6. The council then heard Mr. Peter Schmitz, Attorney for Empire Township,
and his request that the City share to an amount of $800 in the townships loss
of income from the Railroad in their refusal to pay to the township certain
fire fighting costs. The basis of the townships claim was the fact that the
city had not made timely notice of occurrence to the township so that they in
turn could make claim on the railroad within the 7 days required in a newly
passed law. A considerable exchange of ideas and opinions followed between
members of the council and Mr. Schmitz. Motion by Akin, second by Orr that
the City decline to participate in the alleged loss to Empire Township. APIF
motion carried.
7. The council instructed the City Administrator to invite to the council
meeting of February 5, 1979, 9:30 P.M., the fire chief and his two assistants
to discuss with them general departmental matters.
8. Motion by Akin, second by Kuchera to approve the specifications for the
purchase of a new General Services Five-yard dump truck and further that the
taking of bids be set for 2:00 P.M., March 5, 1979, with presentation to the
council of the results of the meeting that same date at 7:00 P.M. and with
the proper notices to be published. APIF, motion carried.
9. The council then discussed with staff a problem that had been encountered
regarding the tractor-loader-backhoe used by the General Services Department.
It was explained that this unit was essential for not only the day-to-day tasks
but was critical in the emergency use of snow removal, sewer stoppages, and
water line breaks. It was pointed out that there had been at least three
break downs of this unit, and the future did not look promising in bringing
it to a state of repair where it could be depended upon. A further complica-
tion existed in that when it did break down a replacement rental unit was not
always available. This is a 1972 unit and it was estimated that the cost of
repair might very well exceed a reasonable investment in a unit of this age.
The Water Board had been contacted with an inquiry as to whether or not they
might be willing to loan the purchase price to the City since the unit was
used considerably in Water Board matters and since this procedure had been
followed successfully in the past. It was reported to the council that the
Water Board would be willing to loan the purchase price to the City with an
interest free, 3-year,note. On the basis, staff was instructed to prepare
specifications for presentation to the city council at the meeting of February
5, 1979.
10. Motion by Kuchera, second by Whittier
Boards and Commissions be made:
Housing and Redevelopment Authority
Eugene Kuchera 1 year
Patrick Akin 2 years
Leonard Franke 5 years
Water Board
Vern Mohlis
3 yea rs
that the following appointments to
from 2 - 1 - 79 to 1 - 31 - 80
from 2 - 1 - 79 to 12-31-80
from 2-1-79 to 1-31-84
from 2-1-79 to 1-31-81
from 2-1-79 to 1-31-80
from 2 - 1 - 79 to 1-31-81
from 2-1-79 to 1-31-82
Planning Commission
Ken Gerten
Wi 11 iam Carey
Don Fee 1 y, J r
2 yea rs
1 year
2 years
Appointments to Park and Recreation, Human Rights Commission and CATV be
deferred to the next meeting. APIF, motion carried.
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Council Meeting minutes cont.
11. The City Administrator then presented to the council a settlement which
had been negotiated between him and the Union and which had been accepted by
the three patrolmen which involved a reconciliation of differences regarding
the 1978 arbitration award and the basis for a contract in 1979 and 1980 for
the Police Officers. It was pointed out that negotiations had been in process
for many months and that the council had been kept abreast of events both by
personal reports and written memorandum. Essentially, the agreement consisted
of the following, 1978: l)that the performance evaluation and implementation of
the merit plan be strictly the perogative of the council. 2) That contract language
regarding paid meal time shall read "when an officer works during a mealtime or
is on standby, he shall be paid". 1979: 1) and 8% increase in wages and an
additional $5.00 for hospitalization-Tnsurance benefits. 1980: 1) an additional
8% increase in wages and an additional $5.00 in hospitalization benefits. Motion
by Kuchera, second by Whittier that the council approve this settlement, that
Labor Relations Consultant Cy Smythe prepare a written contract, that Labor
Relations Consultant Cy Smythe present to the council a statement of position
regarding comparative or tandem agreements as they relate to the Federal guide-
lines on inflation control, and that staff be authorized to make all remaining
backpayments dictated by the arbitration award and the resulting agreement.
APIF, motion carried.
12. The council was reminded that the Police Department had been operating one
police officer short ever since the contract dispute had been certified to
arbitration, pending the outcome of those proceedings. Staff now recommended
to the council that that position be filled and that it be filled with the
individual who scored the highest in the testing and screening process and who
was still available. Motion by Orr, second by Kuchera that the City offer the
position of Police Officer to Mr. Dan Siebenaler, effective within 30 days,
salary for starting to be at the 1979 2-year step. APIF, motion carried.
13. Motion made and carried to adjourn at 11:00 P.M.
~RespectjUllY SUbmitte~d'
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William J. Ford~'
City Administrator
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