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HomeMy WebLinkAbout08.06.79 Council Minutes 5~~ MINUTES COUNCIL MEETING REGULAR AUGUST 6, 1979 1. The meeting was called to order by the Mayor at 7:00 P.M. Present: Mayor Akin, Councilmen Johnson, Kuchera, Orr and Whittier Also Present: Administrator Ford, and Attorney Gorgos 2. Motion by Kuchera, second by Johnson that the minutes of July 16, 1979, be approved. APIF, Motion carried. 3. Motion by Kuchera, second by Orr to approve the final payment for Locust Street Improvement to Fischer Construction in the amount of $1785.70 in accordance with the recommendation of the City Engineer. APIF, motion carried. 4. Final Payment for 1979 Sealcoating was deferred pending receipt of final request for payment from the Engineer. 5. Motion by Akin, second by Whittier that the final payment for the Infiltration/ Inflow Study to Donohue and Assoc., in the amount of $10,975.00 hereby be approved. APIF, motion carried. 6. The council discussed with Police Chief Bob Metcalf and City Attorney Jerry Gorgos various facets of the Farmington Police Reserve Program. The gist of the conversation zeroed in on the practice of the reservists to sell their services to persons and for events not connected with the City, yet performed their services in uniform and armed. The question td which this gave rise was the degree of liability, if any, incurred by the City because of this action. The City Attorney and the Police Chief, working in conjunction with the City Insurance Agent agreed to put together some operating rules in this regard. Also, the council was informed of a change in the law in the last legislature whereby three types of law enforce- ment officers were created under the statute: (a) Full Time Professional Police Officers (2) Part Time Officers and (3) Reservists. The problem that this presented to the City is that under the new law, part time police normally had powers of arrest which ours do not, and reservists are not armed, which ours are. The law also, allowed six months in which to permit City council to designate and reclassify their reservists to bring the practice in accordance with the law. It was decided in the interim to adopt a resolution. Motion by Kuchera, second by Whittier to adopt RESOLUTION NO. R23-79 which redesignates the Farmington Police Reservists as part time officers but restricting their powers of arrest to those which would normally be possessed by a reservist under the statute. APIF, motion carried. 7. Motion by Whittier, second by Kuchera to authorize the purchase from Motorola Company, a new system of pagers, encoders, remotes and transmitter for a Fire Alert System in the amount of $15,490.15, the major portion of which would be purchased on a previously submitted bid to the Hennepin County Cooperative Purchase Group of which Farmington is a member. APIF, motion carried. 8. Motion by Whittier, second by Kuchera that the above purchase be made and is hereby authorized to be taken from the General Fund Contingency Chart of Accounts. APIF, motion carried. 9. Motion by Akin, second by Orr that the request from the Dakota County Assessor for a tax abatement on property owned by the Church of St. Michaels hereby be approved. APIF, motion carried. 10. The Police Chief brought the council up to date on a meeting which he had attended at the County concerning establishment of a revised County Civil Defense Department. As a result of that meeting, an apparent decision had been made by the County to establish a new department and hire a new department head. 11. Mr. Robert Stegmaier presented himself before the council for an informal discussion concerning the possible development of his property abutting Co. Rd 31. He explored the thinking on the part of the council concerning mobil home parks. It was pointed out to him that a mobile home park would be a special exception under the zoning ordinance and special exceptions are either granted or refused by the Planning Commission without review by the council. He was informed, however, that if rezoning were involved, that that would be within the purview of the council. It was agreed that he would have himself placed om the agenda of the next Planning Commission meeting and would discuss the matter with them. 12. The council then discussed a letter which had been received from the Farmington-Shakopee Association, signed by Mr. Robert Sayers, President, in which that organization objected to the acquisition of abandoned Railroad Right of Way for public use. 13. Motion by Orr, second by Johnson to amend the budget and to authorize the purchase by the Park and Recreation Department of arena partial exterior painting and construction of a snow dumping pad in the total amount of $2625.00 and to amend the budget by decreasing the contingency account by $125.00. APIF, motion carried. 14. Mr. Felix Tillges, representing Fred Seed, owner and developer of the Fairhills subdivision, appeared before the council to inquire as to the appro- priateness of the bill which he had received and whether or not the attitude of the council concerning those improvement had changed. It appeared to be the consensus of the council that the bill, as presented, was appropriate and that no change had occurred on the part of any individual councilman concerning the improvement. 15. The council then discussed the request of Robert Metcalf to attend the FBI Academy as expressed in his memo dated July 26, 1979 and the attached memorandum from the City Administrator dated August 3, 1979. He was requesting that he be allowed to attend the Academy in Virginia for an 11 week course and that accumulated compensatory time off be used for this purpose. There were some general comments by members of the council that perhaps the policy surrounding compensatory time for exempt salaried employees, should be more formally structured and more constraints put on its accumulation and use. Motion by Johnson, second by Kuchera that Chief Metcalf be granted his request as set forth in his above referenced memo. Voting for: Johnson, Kuchera, Orr Whittier. Voting against: Akin. Motion carried. 16. Motion by Akin, second by Kuchera that payment for the new squad car to Haugen Ford in the amount of $6734.00 be authorized and that the sale of the 1975 LTD to Dakota County in the amount of $334.00 be authorized. APIF, motion carried. 17. The City Administrator was requested to contact the Downtown Businessmen and invite them to the next meeting to discuss in general terms their proposal to convert the privately owned Feely lot on 2nd and Oak Streets, to municipal parking. 18. The City Administrator was directed and authorized to convey to the Metro- politan Council the cities comments on the Capital Improvement Plan of School District 192 which had been submitted to the City for comments. It was pointed out that emphasis should be made in our comments of the inability of the City to determine the impact on the City and particularly in the area of demand for new municipal services. Council Minutes, August 6, 1979 cont 19. The council discussed the recommendations of the City Administrator concerning the disposal of $59,700 in SAC refund money received from the Metropolitan Sewer Board. It was the consensus of the council that the policy of the City in regard to this matter, be that no refunds be made directly to individuals for reasons set forth in the Administrators memorandum and that a budget adjustment hereby be authorized in the amount of $59,700 by increasing refunds under other income and by increasing the contingency account in the General Fund. APIF, motion carried. 20. The City Attorney brought the council up to date on the status of the grievance dispute with Teamsters 320 involving Farmington Police Department. Motion by Johnson, second by Orr that the City Attorney hereby be directed and authorized to reply to the mediation board that the City would make a special appearance in which the authority of the arbitrator would be disputed. APIF, Motion carried. 21. The council approved the direct connection to municipal water by Mr. Larry Vorwerk at 20192 Akin Rd West, over a private easement to the main on Co. Rd. 31. 22. The Administrator informed the council that since he had last been directed to secure expert help concerning the increased flow to the Sewer Plant, that the City Engineering firm of Bonestroo, Rosene, Anderlik, had stated that they were capable and willing of supplying that expertise within the time limits required and that the Administrator was in fact, working with the firm in this matter. 23. Motion by Akin, second by Orr that the City Administrator be authorized to make an offer of employment to Mr. Wayne Henneke for the position of Deputy Treasurer in accordance with the Administrators proposal dated August 3, 1979. APIF, motion carried. 24. Motion by Kuchera, second by Akin that the bills be approved for payment as presented. APIF, motion carried. 25. The Administrator was instructed to prepare for the council a proposed plan of tree planting which would utilize the amount budgeted for in the 1979 budget and to coordinate this effort with the General Services Department. 26. The City Attorney informed the council that he was pursueing the matter of the apparent violation of the terms of special exception granted to Mr. Elliot Halstead on his property on Co. Rd. 31 and that the matter should be resolved shortly. 27. Mr. Clifford Nelsen was in the audience and brought a matter to the council which was not on the agenda. He had recently sold his home on Co. Rd. 31 after having connected it to the Municipal sewer system and he was objecting to the assessments and charges to which he had been subjected. He was told by the council to meet with the Administrator to see whether or not his objections could be handled and if not then they could be brought to the council again. 28. Motion made and seconded to adjourn at 10:15 P.M. Respectfully submitted, ~~.ni1..#af Will i am J. Ford -, City Administrator APPROVED 3j!)o 171 WJF/kf