Lake City Wrongful Termination by CrisologaLapuz

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									                        LAKE CITY COMMON COUNCIL
                             REGULAR MEETING
                      MONDAY, AUGUST 14, 2006, 6:30 P.M.

Members Present:      Mayor Katie Himanga, Council Members Matt Powers,
                      Dawn Heitman, Tom Dwelle, Jerry Dunbar, Keith Draz

Members Absent:       Council Member Nancy Spooner-Mueller (excused)

Others Present:       City Attorney Philip Gartner, Asst. City Attorney Karen England,
                      City Engineer Don Miller with Yaggy Colby Associates, City
                      Clerk Cindy Gosse, Ex. Asst./Deputy Clerk Rojean Becker,
                      Jay Michels with Emmons & Oliver Resources Inc.,
                      Graphic Editor Rich Ousky, Dennis Richardson, Wabasha County
                      Commissioner David Harms, Rolin “Mike” Johnson, Mary Lou
                      Waltman, Asst. Planner Megan Wenker, Doug Wallerich from
                      The Residences at the Jewel, Wendell Noble, Tine Thevenin,
                      Community Development Director Chris Heineman, Jean Durgin,
                      Charter Commission Members Sam Poppleton, Cheryl Richardson,
                      Jim Meyer, Adam Schimbeno & Erling Moe; Gloria Johnson,
                      Jerry Wallentine, Arlene Hueman, Gary Majchrzak, Doug &
                      Lisa Hundley & son, Cindy Peters and 2 other persons

The meeting was called to order at approximately 6:30 p.m. in the council chambers of
city hall with a quorum of council members present.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.

INTRODUCTIONS
Introductions were made.

RECOGNIZE DENNIS RICHARDSON FOR 10 YEAR EMPLOYMENT MILESTONE
Community Service Officer Dennis Richardson was recognized for his 10 year
employment milestone with the Lake City Police Department as their Community
Services Officer.

REVIEW AND ADOPT AGENDA
Mayor Himanga reviewed the agenda. The July 24, 2006 Regular Meeting Minutes were
pulled from under the Consent Agenda.

POWERS MOVED TO ADOPT THE AGENDA AS AMENDED.                                HEITMAN
SECONDED. ALL AYES. MOTION CARRIED 6-0-0.

DISCLOSE CONFLICTS AND RELATIONSHIPS
Council Member Heitman disclosed that Doug Wallerich with The Residences at the
Jewel was her sibling.
PUBLIC FORUM
No one spoke.

CONSENT AGENDA
July 24, 2006 Workshop Minutes
August 7, 2006 Special Meeting Minutes
Expense Claims
Authorize Purchase of Piano Dolly/Truck for Ballroom Piano
Maximum cost of $650 to be paid from Ballroom Fund.
Appoint Al Thompson to Revolving Loan Fund Committee
To replace Jim Siewert Sr. in the at-large position.
Hire Kathy Holst for Police Department Administrative Assistant Position
To replace Rachel Walter who has resigned. Holst to start position on September 11,
2006 at Class 16, Step 5 at $15.80 per hour, with an increase to Step 6 $16.63/hr. after
six months.
Meeting Request from Senator Norm Coleman
Meeting will be held on August 31 and Mayor Himanga will represent the City.

JULY 24, 2006 REGULAR MEETING MINUTES
The motion under ET Investments LLC Request Related to Sidewalk was reviewed and
amended. The date of the minutes was changed from July 25 to July 24.

IT WAS MOVED BY DUNBAR, SECONDED BY HEITMAN TO AMEND THE
MOTION TO READ AS FOLLOWS: “DUNBAR MOVED TO APPROVE ET
INVESTMENTS LLC’S REQUEST THAT THE CITY WAIVE AN EXISTING PROJECT
DEVELOPMENT CONDITION TO CONSTRUCT THE SIDEWALK AT 1401 NORTH
LAKESHORE DRIVE IN CONSIDERATION OF THE HOMEOWNER ASSOCIATION
CONTRACTUALLY ENTERING INTO AN AGREEMENT WITH THE CITY TO
CONSTRUCT THE SIDEWALK TO THE CITY’S SPECIFICATIONS UPON ORDER
AND TO DO SO AT ITS EXPENSE. ALL AYES. MOTION CARRIED 6-0-0.

IT WAS MOVED BY DWELLE, SECONDED BY POWERS TO APPROVE THE
MINUTES FROM THE JULY 24, 2006 REGULAR MEETING AS AMENDED. ALL
AYES. MOTION CARRIED 6-0-0.

WABASHA COUNTY COMMISSIONER DAVE HARMS
Wabasha County Commissioner David Harms reported on county projects and activities.

APPROVAL OF REVOLVING LOAN FOR ROCHESTER METALWERX
Community Development Director Heineman presented the recommendation of the Revolving
Loan Fund Committee to grant a loan of $20,000 to Rochester Metalwerx for the expansion
of their Rochester based business into Lake City.

HEITMAN MOVED TO APPROVE THE REQUEST FOR A REVOLVING LOAN OF
$20,000 TO ROCHESTER METALWERX. POWERS SECONDED. ALL AYES. MOTION
CARRIED 6-0-0.
                                -2-
PROPOSALS REGARDING THE LAKE CITY COMPREHENSIVE STORMWATER MANAGEMENT
PLAN
Lake City Stormwater Management Planning Proposal
MPCA Grant Proposal for Lake City Stormwater Management Planning
Jay Michels from Emmons & Olivier presented a proposal for stormwater management
planning in Lake City and also a proposal for an MPCA grant for the stormwater management
planning. Overall cost of the project is $150,880. Costs not covered by the grant funds will
be taken from the 2006, 2007 and 2008 budgets.

POWERS MOVED TO ACCEPT THE PROPOSAL OF EMMONS & OLIVIER TO PROVIDE
SERVICES FOR LAKE CITY STORMWATER MANAGEMENT PLANNING.        DRAZ
SECONDED. ALL AYES. MOTION CARRIED 6-0-0.

POWERS MOVED TO AUTHORIZE THE SUBMITTAL OF AND AUTHORIZE
EXECUTION OF DOCUMENTS RELATED TO, A GRANT PROPOSAL TO THE
MINNESOTA POLLUTION CONTROL AGENCY (MPCA) FOR STORMWATER
MANAGEMENT PLANNING. DRAZ SECONDED. ALL AYES. MOTION CARRIED 6-0-
0.

CHARTER COMMISSION PROPOSAL TO AMEND CITY CHARTER
Charter Commissioner Member Cheryl Richardson presented a petition from the Charter
Commission to amend the charter. They requested the petition language be placed on
the November 7 election ballot. It read: “THAT PROPERTY OWNED BY THE CITY OF
LAKE CITY, OR THAT PROPERTY IN WHICH THE CITY HAS EXCLUSIVE CONTROL OF
THE SURFACE, THAT IS LOCATED NORTH AND EASTERLY OF THE FOLLOWING
DESCRIBED LINE:

       From the most Northerly boundary of the City of Lake City at its intersection with
       the most Northerly boundary of U.S. Highway #61; thence along the most
       Northerly boundary of said Highway #61 to Park Street; thence along the most
       Northerly boundary of Park Street to Chestnut Street; thence along the most
       Westerly boundary of Chestnut Street to Franklin Street; thence along the most
       Northerly boundary of Franklin Street to Marion Street; thence along the most
       Westerly boundary of Marion Street to U.S. Highway #61; thence along the most
       Northerly boundary of said Highway to its intersection with the CP Railroad
       Right-of-Way; thence along the most Northerly boundary of said Railroad to the
       most Southerly boundary of the City of Lake City and there terminating;

SHALL NOT BE SOLD, VACATED, LEASED FOR MORE THAN A TERM OF FIVE (5) YEARS,
WITHOUT APPROVAL OF A MAJORITY OF THE VOTERS OF THE CITY OF LAKE CITY
VOTING AT A GENERAL OR SPECIAL ELECTION TO APPROVE SUCH SALE, VACATION,
OR LEASE.

City Attorney Gartner reviewed the options for amending the City Charter. A discussion
followed on how the Council wanted to proceed with the proposed amendment.

                                             -3-
DUNBAR MOVED TO DIRECT STAFF TO INCLUDE THE PETITION FROM THE
CHARTER COMMISSION ON THE GENERAL ELECTION BALLOT IN ACCORDANCE
WITH MINNESOTA STATUTE 410.12, SUBD. 4. DWELLE SECONDED. A discussion
followed on the boundaries included in the petition. An addition to the boundary and
language was requested by the Charter Commission. The final language will be returned to
the Council for action at the next regularly scheduled meeting. ALL AYES. MOTION
CARRIED 6-0-0.

PUBLIC HEARING – STREET IMPROVEMENTS IN PETERS 4TH & 5TH ADDITIONS
Mayor Himanga opened the public hearing at approximately 7:12 p.m.

City Engineer Don Miller reviewed the updated report dated August 3, 2006 that included the
estimated project costs for curb, gutter and bituminous on Peters Court in Peters 4th
Subdivision, Peters Street and Peters Place in Peters 5th Subdivision to include Lots 1-7, Block
1, Peters 5th Subdivision and Lot 2, Block 1 Peters Industrial Park and Lots 1-5, Block 1,
Peters 5th Subdivision and Lots 1-10, Block 2 Peters 5th Subdivision and that property at the
cul-de-sac at the east end of Peters Place. Miller further explained that Lot 3, Block 1 of
Peters 5th Subdivision, which does not front on 10th Street and does not include any front
footage or side footage along any of the proposed street improvements, should not be
assessed as they would not receive any benefit. Lot 2, Block 1 in Peters Industrial Park that
is now platted as a common interest community, should be assessed on the side footage in
accordance with City Ordinance 407. The Wood property, Lot 5, Block 1, Peters 5th
Subdivision should be included and assessed for the front footage on Peters Place. Project
costs have increased 9% since the last time the assessment report was updated. Miller
advised that the project could be completed in 30 days with a start date of October 2, 2006.

Testimony was taken from affected property owners.

Gloria Johnson, 914 Peters Court, Lot 4, Block 1, Peters 4th Subdivision, presented a petition
from property owners requesting that costs be split equally between the property owners,
the City and the Peters Estate. She also faulted the city for not collecting monies from Peters
when they approved the Peters’ development agreement.

Gary Majchrzak, 1209 Peters Place, Lot 4, Block 1, Peters 5th Subdivision, suggested that the
Peters Estate be held liable for a portion of the cost with the city paying 1/3 of the cost and
the property owners paying their fair share.

Doug Hundley, 902 Peters Court, Lot 7, Block 1, Peters 4th Subdivision, agreed with Mrs.
Johnson’s proposal.

Arlene Hueman, 922 Peters Court, Lot 3, Block 1, Peters 4th Subdivision, questioned why the
developer had not installed the street.

Cindy Peters, Hans Peters Construction, explained that when they developed property they
always put in the sewer and water improvements and the city put in the streets so the
developer could keep the cost of the lots down.      She further explained that the contracts
were fully reviewed with potential buyers as to possible costs in the future for street
                                              -4-
improvements.

City Attorney Gartner updated the Council on the ongoing process of filing a claim against
the Peters Estate. Gartner recommended that the public hearing be continued to September
11, 2006 due to the increase in project costs and a recent court case. Plans and specs could
be prepared and bids advertised. Bids could be opened September 20, 2006 but not
approved until September 25, 2006 by the Council.

Council discussion followed.

There was consensus of the Council that it was their intent that monies received from the
Peters Estate would go towards the street improvement project and to reduce the otherwise
100% assessment for the improvements, proportionately to property owners. The City
Council will consider a city contribution once costs and bids come in and will the move
forward with the project.

HEITMAN MOVED TO ADOPT RESOLUTION 06-050 A RESOLUTION RECEIVING
THE REVISED PRELIMINARY REPORT FOR PETERS FOURTH AND FIFTH
SUBDIVISIONS. POWERS SECONDED. ALL AYES. MOTION CARRIED 6-0-0.

DWELLE MOVED TO ADOPT RESOLUTION 06-045 A RESOLUTION RELATED TO
IMPROVEMENT PROJECT, CONTINUING HEARING, ORDERING PLANS AND
SPECIFICATIONS AND ORDERING CONSTRUCTION BIDS. HEITMAN SECONDED.
ALL AYES. MOTION CARRIED 6-0-0.

JEWEL POND (10th Street Ponds)
City Engineer Don Miller presented a drawing for two stormwater basins to be built along N.
10th Street which were originally to be built by the Jewel. It has since been agreed to that
the basins should be constructed under the N. 10th Street Project. The north basin has been
incorporated into Eaglewood 5th Subdivision and will be built by the developer and the south
basin will be built by the city. Discussion has been held regarding the value of the fill. Miller
advised that based on the numbers of the stockpiled fill and its value, it would be about a
fair trade for the city to build the south basin in exchange for the Jewel fill material. Bids
have already been advertised and he recommended that when bids are opened a
determination on the costs should be made after further discussion with the Jewel.

Council discussion followed. No action was taken.

PRELIMINARY & FINAL PLAT FOR PETERS 6TH ADDITION
Mayor Himanga reviewed Planning Director Klatt’s memorandum dated August 9, 2006. the
Planning Commission has recommended approval of the preliminary and final plats for Peters
6th Addition pending final approval of the city attorney of the title opinion, providing
easements, dedication of right of way and plat restrictions regarding the out lots.

POWERS MOVED TO ADOPT RESOLUTION NO. 06-053 A RESOLUTION

                                               -5-
APPROVING A PRELIMINARY PLAT FOR PETERS SIXTH SUBDIVISION. DUNBAR
SECONDED. ALL AYES. MOTION CARRIED 6-0-0.

HEITMAN MOVED TO ADOPT RESOLUTION NO. 06-054 A RESOLUTION
APPROVING A FINAL PLAT FOR PETERS SIXTH SUBDIVISION. POWERS
SECONDED. ALL AYES. MOTION CARRIED 6-0-0.

ZONING ORDINANCE UPDATE
Mayor Himanga reviewed Klatt’s Memorandum dated August 10, 2006 giving an update on
the progress of the Zoning Ordinance Final Draft Review. The Council will set a special
workshop in September to review the final draft.

RECESS
Meeting was recessed at 8:35 p.m. and reconvened at 8:40 p.m.

PROPOSED ORDINANCE ON STREET TREE IMPACT FEES
Mayor Himanga reviewed Klatt’s memorandum dated August 10, 2006 regarding a proposed
Street Tree Ordinance. Council members were requested to provide feed back to staff on
the proposed ordinance. It will also be taken to the Streets/Parks Commission for review.

AGREEMENT WITH BONESTROO FOR PART 2 WELLHEAD PROTECTION PLAN
Staff has recommended that the city enter into a contract with Bonestroo, Rosene, Anderlik
and Associates for Phase II of the Wellhead Protection Area Plan. The plan must be
submitted to the state no later than August 1, 2007.

DWELLE MOVED FOR APPROVAL OF THE CONTRACT WITH BONESTROO, ROSENE,
ANDERLIK AND ASSOCIATES INC., FOR PHASE II OF THE WELLHEAD
PROTECTION AREA PLAN. DRAZ SECONDED. ALL AYES. MOTION CARRIED 6-0-
0.

JEWEL AUCTION
City Attorney Gartner gave an update on staff’s attention to issues and documents prior to
the Jewel auction. Staff met with Attorney Roger Knutson last Friday. The Jewel has paid
their deferred assessment for the Northwest Storm Sewer today.

SECOND READING OF ORDINANCE ON COUNCIL SALARIES
IT WAS MOVED BY DUNBAR, SECONDED BY DWELLE TO WAIVE THE SECOND
READING OF ORDINANCE NO. 419 AN AMENDMENT TO SPECIAL ORDINANCE
NO. 310 SETTING COMPENSATION FOR THE MAYOR AND COMMON COUNCIL OF
THE CITY OF LAKE CITY, MN. ALL AYES. MOTION CARRIED 6-0-0.

THERE WAS A SECOND MADE BY POWERS TO A PREVIOUS MOTION MADE BY
HEITMAN TO ADOPT ORDINANCE NO. 419 AN AMENDMENT TO SPECIAL
ORDINANCE NO. 310 SETTING COMPENSATION FOR THE MAYOR AND COMMON
COUNCIL OF THE CITY OF LAKE CITY, MN. ALL AYES. MOTION CARRIED 6-0-0.


                                           -6-
FIRST READING OF AMENDMENTS TO ANIMAL ORDINANCE
THERE WAS A MOTION MADE BY POWERS, FOR THE FIRST READING AND
PUBLICATION OF AN ORDINANCE AMENDMENT TO CHAPTER IX OF THE LAKE
CITY MUNICIPAL CODE, GENERAL REGULATIONS, SECTION 95.03 NON
DOMESTIC ANIMALS.

THERE WAS A MOTION MADE BY DWELLE, FOR THE FIRST READING AND
PUBLICATION OF AN ORDINANCE AMENDMENT TO CHAPTER IX OF THE LAKE
CITY MUNICIPAL CODE, GENERAL REGULATIONS, SECTION 95.02 DOGS, (B)
LICENSE REQUIRED.

RESOLUTION APPOINTING ELECTION JUDGES
IT WAS MOVED BY HEITMAN, SECONDED BY POWERS TO ADOPT RESOLUTION
06-049 A RESOLUTION APPOINTING ELECTION JUDGES. ALL AYES. MOTION
CARRIED 6-0-0.

RESOLUTION APPROVING GAMBLING EXEMPTION FOR LAKE CITY SPORTSMAN’S CLUB
IT WAS MOVED BY POWERS, SECONDED BY DUNBAR TO ADOPT RESOLUTION 06-
052 APPROVING A LG220 APPLICATION FOR EXEMPT PERMIT FOR THE LAKE
CITY SPORTSMAN’S CLUB FOR AN EVENT ON OCTOBER 14, 2006. ALL AYES.
MOTION CARRIED 6-0-0.

DRAFT LETTER TO CHAMBER OF COMMERCE
A second draft of a letter to the Chamber of Commerce was reviewed.

DRAZ MOVED TO DIRECT THE MAYOR TO SIGN AND SEND THE LETTER TO THE
LAKE CITY CHAMBER COMMERCE MARKED DRAFT #2. POWERS SECONDED. ALL
AYES. MOTION CARRIED 6-0-0.

FUTURE MEETING DATES
Mayor Himanga reviewed future meeting dates. The Council will hold a workshop on Monday
August 21, 2006, 5:30 p.m. to review the non-enterprise budgets for 2007.

FOR YOUR INFORMATION
Various board, commission and committee meeting minutes were reviewed.

MISCELLANEOUS DISCUSSION
Powers recognized and thanked the firefighters for putting on their dance which raised funds
to purchase equipment.

Mayor Himanga noted the Congregational Church’s 150th anniversary.

Mayor Himanga reminded Council to complete their NIMS certification.




                                            -7-
NOTICE OF LEGAL ACTION
Assistant City Attorney England advised that the city had been served with a notice of legal
action from the former city administrator for alleged wrongful termination and violation of
the open meeting law.

ADJOURNMENT
IT WAS MOVED BY POWERS, SECONDED BY HEITMAN TO ADJOURN AT 9:10 P.M.
ALL AYES. MOTION CARRIED 6-0-0.



                                                   _________________________
                                                   Katie Himanga, Mayor
ATTEST:

________________________
Cindy L. Gosse, City Clerk


R. Becker.

								
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