HomeMy WebLinkAbout1982 [06] Jun 17
June 17, 1982 110'7
Pursuant to due call and notice thereof the City Council met in session on Thursday,
ðune 17, 1982 at 7:30 p.m. in City Hall.
I Members Present: Mayor Hugo B. Weyrens; Councilmen: Herman Schneider, Bud Reber, Steve
" Dehler, Mike Husen; City Clerk, Bob Johnson.
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Agenda:
James Brummer
Rec, Assn. James Brummer, Recreational Association director and treasurer, appeared
before the Council and presented the following information relating to the
Millstream Park softball operation:
1) a revision of City softball parks area lease to include land north of
so-called 'love canal'.
2) sewerage system was inadequate
3) pumping twice a week
4) an above ground system is being proposed
5) to be located in warm-up area
6) Pauly/Olsen, Architects, to design (10 - 15% fee).
7) Construction estimate - $5,000.00
å) request approval of land use
9) County or DNR ( State Department of Natural Resources) has no jurisdietion
or concern.
10) City responsibility -
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A motion was made by Schneider seconded by Reber to approve,e.se of land north
of drainage ditch - South of softball parks for an above-læñdisposal system
for softball park use. Ayes: all Nay-es: none. Motion carried.
Brummer indicated the Association has the funds to complete projedt.
Army Truck
Cab Purchase: A motion was made by Schneider seconded bY' Dehler to approvepplœ.l1à.ase
of a cab for the City Army truck - (sludge) at an estimate cost of $200.00.
Ayes: all Nayes: none. Motion carried.
Recreation
Program: Reported in progress- attendance good - 4 persons employed. Three
addi tional persons workmg in the summer. swim program.
Governor's
Youth: Four young persons are working as maintenance aids.
Green Thumb
Program: Two persons working approximately 28 hours per week. Painting park
shelter building and baswball park bleachers.
College Work
Program: One person employed in cooperation with the Collge of St. Benedict
in a City parks beautification program.
Senior Citi2Jen
Request: A letter was presented from the Senior Citizen Operating Committee
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requesting installation of a sink in the room designated as a future
kitchen area in City Hall/Senior Center. Data relating to specs,
regulations, cost, etc to be obtained.
Population Estimate: The City request to have a state Demagraphers esti- I
mate of population as of April 1, 1981 -(received May 10, 1982)
corrected has been approved. The estimate was changed from 2773
to 3,030 after satisfactory documentation.
polution Control Agency: Letterdated June 8, 1982 presented a recap of
meeting with PCA attended by engineer Joe Bettendorf and City
Clerk, Bob Johnson. The city's current position and decision of
direction are necessary in the next 60 - 90 days. City iVaste-
water plant upgrading plans were summarized and evaluated.
(Letter placed in step 3 file).
Kollman Builders: Letter dated June 4, 1982 from Kollmann Builders, Hall
project contractor, requesting final payment of $420.00 held for
work not completed was presented. City Attorney Jovanovich advised
the payment should not be made until all lein actions have been
resolved.
Final Grant Payment: Final grant payment in the amount of $3,000.00 was
received from the R7E office in Mora, MN. The City received a
total of $20,000.
Agenda:
Police matters - 8 p.m.
City Attorney Tom Jovanovich reported on police matters relating I
to current investigation progress to date. cited meetings in
Attorney Roger Nierengarten's office on May 26 and 28, 1982.
Investigator Jim Turck, st. Cloud, Mn, has taken 17 statements
to date and has had one conference with patrolman Bush. Further
the attorney indicated there were:
a) 16 specific complaints - (and others)
b) 2 allegations of assault
c) 1 illegal entry
d) stopping and detaining minors without the
consent of parents.
e) detaining persons for an unreasonable length
of time.
The attorney also reported there were no allegations against
patrolmen Young or Jansky. No allegations against Chief Lorentz
in contact with the public, but there were complaints against
Lorentz in his handling of complaints within the department.
A hearing must be held to substantiate the allegations or clear
patrolman Bush. Since the City has no Civil service Commission
or contract with the police department the investigation and
hearing must be conducted according to the Veterans Preference
Act. The procedure provides for 3 arbritrators - 1 appointed
by the City, 1 appointed by Patrolman Bush, and 1 appointed by
mutual agreement or by the courts.
The following recommendations were presented to the council by -
City Attorney Tom Jovanovich:
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1) tQ hire Rick Maddox, Hennepin County as
prosecuting Attorney.
I 2) Allow Mayor to initiate a letter of intent
to discharge Patrolman Bush.
3) Place Patrolman Bush on an unrequested leave
of absence with pay at this time.
Councilman Husen questioned the need for a hearing. Attorney
Jovanovich indicated disciplinary actions require confidentiality
and also that there are dangers of litigation against city. A
motion was made by Councilman Husen: that council conduct a
~pecial meeting to review in private some of the allegations in
attorney files - seconded by Councilman Dehler. (Attorney to
investigate legality of such a meeting.)
Voting for the motion: Husen
Voting against motion: Schneider, Reber, Dehler, Weyrens.
Motion failed 4 to 1.
A motion was made by Councilman Reber:
1) to hire Rick Maddox as prosecuting attorney
2) allow Mayor Weyrens to initiate a letter of intent
to discharge patrolman Bush upon receipt of a report
from prosecuting Attorney Rick Maddox indicating
the charges warrant prosecution.
3) place Patrolman Randall Bush on unrequested leave
with pay until investiagtion and hearing are completed.
4) Patrolman Bush's leave to commence at 11:59 pm June 17,1982.
The motion was seconded by Schneider
Voting for the motion: Schneider, Reber, Dehler, Weyrens.
~ Voting against the motion: Husen
Motion carried 4 - 1.
In summary the following procedures will occur according to
city Attorney Jovanovich:
1) If Attorney Rick Maddox determines charges warrant prosecution:
2) a letter of intent to discharge will be delivered to
Patrolman Bush
3) Patrolman Bush will have 60 days to request a hearing.
4) If a hearing is requested by Patrolman Bush - three
arbritrators will be appointed -- one by City; one by
Bush and a third by mutual agreement or court appointment.
5) Arbritrators will decide case.
The police matters seqment of the meeting closed at 8:55 p.m.
~ A ten - minute recess was declared by Mayor Weyrens.
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Gambling Ordinance
Review: Gambling Ordinance matters were reviewed ''i"Ï th a
number of licensees in attendance. state law changes were ex-- I
amined. No action on ordinance change was taken.
Rifle Range
Questions: Tabled to next meeting.
Duncan Property: Conditions and dat~reviewed:
1 ) annexation question
2) agreement to future assessments
3) 11th Ave NE tie in with future development of
east end examined.
Al TheisenParish Rep.: Al Theisen, parish 4th of July committeeman,
appeared to discuss the hiring of additional Police and security offi.
cers for the 4th of July. Theisen expressed doubt that 5
additional officers were needed. Parish to pay for 3
additional police persons.
Planning Commission: Public hearing on siJn variance request of College
of st. Benedict to be held Monday, June 28, 1982 at 7:30
in City Hall.
4th of July Police: A motion ,,,as made by Husen seconded by Reber to approve
hiring one full time police officer for the 4th of July
in addition to the 2 part-time officers approved at the
June 3, 1982 meeting.
Ayes: Weyrens, Schneider, Reber, Dehler, Husen.
Nays: None
Adjournment: Motion to adjourn made at 11:20 p.m.
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City Clerk
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