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					                                   MINUTES
                         REGULAR CITY COUNCIL MEETING

SEPTEMBER 24, 2003

Mayor Jeff Thompson called the meeting to order at 6:00 p.m. Council members
present were Harlan Beek, Dennis Zimmerman and Jean Soine. Dave Peschong
arrived at 6:07 p.m. Others present were Steve Helget; City Administrator, Jennifer
Welling; Secretary, Ron Mergen, Public Works Director; Pete Carlson, SEH; Bill
Spooner, City Attorney; Bonnie Jo Hanson, Paynesville Press; Jim Freilinger, Fire Chief;
Alice Nyhlen, Cable Coordinator; Kent Kortlever, Police Chief; Doris Wendlandt, Tom
Wendlandt, Brent Nehring, Doug Miller, Jackie Braun, Lee Lund, Barb Lund, Paul
Osborne, Mike Guenther and Jim Gronli.

The Pledge of Allegiance was recited.

Thompson reviewed the Consent Agenda items that included a motion to approve the
minutes from the following September 10, 2003 Regular City Council, September 10,
2003 Special City Council, June 10, 2003 CAEERC, June 24, 2003 Ad Hoc Aquatic
Park Committee, May 21, 2003 Ad Hoc Aquatic Park Committee, August 19, 2003
EDAP Board, September 2, 2003 Special EDAP Board and September 8, 2003
Planning Commission.

A motion to approve vouchers #63411 - #63413, #63475 –#63482 totaling $427,421.91,
less investment of $390,000.00 for a total of $37,421.91. Vouchers #63526 - #63551
equaling $46,587.11. Payroll vouchers #63414 - #63474 in the amount of $30,173.64,
void #63464 - #63467. ACH for August 2003 for Liquor Sales Tax totaling $7,504.00,
on 9-18-03 for Federal Withholding in the amount of $6,452.38 and on 9-18-03 for State
Withholding equaling $1,077.59.

A motion to approve the appointment of Catherine Christinsen to the Paynesville Fire
Department.

      Motion was made by Soine to approve the Consent Agenda. Seconded by
      Beek and unanimously carried.

PERSONNEL POLICY ISSUE

The CAEERC Committee recently reviewed the Retirement Policy. The policy was set
back in 1997 and had a $310 per month limit on the health insurance benefits should an
employee retire and meet the requirements. It was suggested that we increase the
amount of monthly benefits to be more in compliance with the increase health insurance
costs. CAEERC recommends changing the monthly amount of $310 to a maximum of
75% of the current employee insurance cap (currently this amount is $550 making the
retiree eligible for the amount of $412.50).

Beek suggested this item be tabled until the budget is reviewed.

Zimmerman interjected that the Council needs to consider the long-term implications this
might have.

This item was pulled from the agenda and will be discussed during the budget meetings.

LMC MEMBERSHIP DUES & MAYORS ASSOCIATION DUES

The documents from the League of Minnesota Cities, including Membership Dues Invoice
in the amount of $1,741.00 (last year the City paid $1,733.00) and the Minnesota Mayors
Association Dues totaling $20.00 (last year the City paid $20.00).

      Motion was made by Zimmerman to approve the LMC Membership Dues in
      the amount of $1,733.00. Seconded by Beek and unanimously carried.

      Motion was made by Beek to approve the Minnesota Mayors Association
      dues in the amount of $20.00. Seconded by Zimmerman and unanimously
      carried.
DORIS WENDLANDT

Sunday Liquor
Doris Wendlandt requested the Council pass a resolution to put Sunday Liquor on the
ballot instead of having her submit a petition first.

Beek stated that this has been to a vote twice and the City does not want it. Zimmerman
agreed.

Peschong informed Wendlandt that this would have to be a special election anyway.

Doris Wendlandt stated that she would proceed with a petition then, but asked why she
couldn’t be open on Sundays when Northern Lights in Paynesville Township could be?

Peschong stated that it is the City voter’s choice.

Doris Wendlandt continued by stating that times are changing and asked why the City
was holding her back?

Beek argued that the City is following the law.

Doris Wendlandt requested that the City provide her with documents on the process she
needs to follow and forms to use. Peschong stated that the process must be done
according to the law.

Helget said that he has access to the information needed.

Spooner interjected that the City should not give Wendlandt advice. Wendlandt should
seek counsel to make sure everything is being done in accordance with the law;
therefore she can’t blame the City for missed information.

Doris Wendlandt asked when the election would be held? Thompson answered that it
would depend on when the guidelines are met.

There was some discussion on the time line.

Peschong asked Doris Wendlandt if she was going to continue to pursue Sunday Liquor
until it passed as it costs about $2,000.00 every time a Special Election is held? Doris
Wendlandt said yes, it is her right.

2:00 a.m. Bar Closing Time
Doris Wendlandt requested the City change their Ordinance to reflect a 2:00 a.m. bar
closing.

Beek asked Doris Wendlandt if she would stay open all night if the City allowed her to?
Doris Wendlandt said, only on special occasions and weekends.

There was some discussion on what pushed the 2:00 a.m. bar time, it was initially due
to convention business, but the state opened it to all businesses, not just
metro/convention areas.

Spooner stated that the City could set its own bar closing time.

The ordinance was reviewed.

Beek stated that 1:00 a.m. is late enough. Zimmerman agreed with Beek.

Doris Wendlandt asked the Council members to put all personal issues aside.

Zimmerman expressed that he is looking out for the well being of the City.

There was a short discussion on other cities that have and do not have a 2:00 a.m.
closing time.
Soine commented that it is difficult to own a business that has so many restrictions.
Doris Wendlandt thanked Soine.

Beek interjected that liquor is controlled.

Kortlever expressed his concern for those persons coming from a 1:00 a.m. closing bar
to come to Paynesville for last call before 2:00 a.m.

Thompson suggested there be a meeting with Kortlever, Helget, Wendlandt and Beek to
answer questions and gather information and bring this item back to the October 8 th
meeting.

Thompson closed the regular City Council meeting at 6:32 p.m. for the Lake Ave. Final
Assessment Public Hearing.

Thompson re-opened the regular City Council meeting at 7:15 p.m.

MAIN LIFT STATION REPAIRS

Mergen explained that the Main Lift Station was recently hit by lighting and is need of
some repairs totaling $6,020.00, of which $3,745.00 will be covered by insurance;
however, the insurance deductible is $1,000.00. The insurance company will reimburse
the City after all the repairs are completed and paid for.

       Motion was made by Beek to approve 3,275.00, payable to Servocal
       Instruments, Inc. for Main Lift Station repairs. Seconded by Zimmerman and
       unanimously carried.

AMBULANCE GARAGE REPAIRS

Pulled from the agenda.

MILLER VARIANCE REQUEST

Doug & Jamie Miller of 343 Augusta Ave., Paynesville, Minnesota have submitted a
Variance Request for the purpose of building an addition onto their existing dwelling that
is a nonconforming structure. Their property is zoned R-1, Single & Two Family and
according to the City's zoning ordinance a 20-foot setback is required for the front yard.
Their current dwelling is nonconforming in that it is only 14 feet from the front property
line. They are proposing a 24’x30’ addition to the rear of their dwelling.

The property is legally described as parcel number 70.38670.020, Lot 12, Block 2, less
and except the northerly 4ft. of Lot 12 of Baitinger’s Addition.

The Planning Commission has reviewed this request and recommends approval.

       Motion was made by Soine to set the Miller Variance Public Hearing for
       Wednesday, October 8, 2003 at 6:30 p.m. Seconded by Peschong and
       unanimously carried.

BUDGET MEETINGS

Thompson explained that it is time to set budget working meetings. Suggested dates
are Tuesday, October 7 and Wednesday, October 15 at 6:30p.m.

       Motion was made by Beek to set the Budget Meetings for Tuesday, October
       7 and Wednesday, October 15 at 6:30p.m. Seconded by Zimmerman and
       unanimously carried.

MINNESOTA CITIES WEEK

Minnesota Cities Week is October 5th – 11th it has been suggested that the City host an
open house.
       Motion was made by Peschong to celebrate Minnesota Cities Week by
       hosting a public Open House on Friday, October 10, 2003 in the City Hall
       Council Chambers. Seconded by Soine and unanimously carried.

PAYNESVILLE MUNICIPAL AIRPORT

The Airport Ground Lease was pulled from the agenda.

Helget explained the Grant Agreement for the Arrival/Departure portion of the 10 unit
Tee Hangar.

       Total Project Cost          $361,000.00
       State’s Share               $ 91,794.46
       Local Share                 $269,205.54

He has been assured as much as he can get from the State that the City will receive the
grant. It would be approximately 2 weeks before the City gets the approval.

Thompson asked if there was any risk approving the bids and grant agreement tonight?

Welling reminded the Council that 60 days for bid approval would expire on October 11,
2003.

Brent Nehring, South Side Steel Systems explained that they can not order any of the
materials until the bid has been awarded and at that time it could be up to 30 days
before construction could begin.

Helget reminded the Council that there is a risk until the agreement is fully executed.

Thompson stated that if the grant falls through the City pays 100%.

Nehring reminded the Council that if it comes to where the concrete would have to be
protected, those costs are not included in the bid.

Zimmerman express that the City needs to get this going.

The following bids were received for the 10 unit Tee Hangar:
Name                       Address                    Type            Bid
Hangar Bids:
Ebert Construction         Loretto, MN                Steel           $384,462.05
Midland Bifold Doors       West Fargo, ND             Steel           $330,343.50
Southside Steel Systems Kimball, MN                   Steel           $292,618.33
Ebert Construction         Loretto, MN                Wood            $390,530.05

Plumbing Bid:
Voss Plumbing & Heating Paynesville, MN                               $19,225.00

Electrical Bids:
Regal Electric              New London, MN                            $14,749.00
JT Electric Service         Albany, MN                                $30,874.00
Electrical Systems          Brainerd, MN                              $47,830.00
Finger Electric & Repair    Kimball, MN                               $16,500.00

       Motion was made by Zimmerman to approve Resolution 2003-45 Accepting
       Bids. Seconded by Soine and unanimously carried.

       (Please see Attachment #1 – the above-referenced Resolution which has
       been made a part of these minutes.)

       Motion was made by Peschong to approve Resolution 2003-55 Accepting
       Bids For Plumbing Work For Tee Hangar. Seconded by Zimmerman and
       unanimously carried.

       (Please see Attachment #2 – the above-referenced Resolution which has
       been made a part of these minutes.)
       Motion was made by Beek to approve Resolution 2003-56 Accepting Bids for
       Electrical Work For Tee Hangar. Seconded by Peschong and unanimously
       carried.

       (Please see Attachment #3 – the above-referenced Resolution which has
       been made a part of these minutes.)

       Motion was made by Soine to approve Resolution 2003-57 Authorize And
       Execute Minnesota Department Of Transportation Grant Agreement For
       Airport Improvement. Seconded by Peschong and unanimously carried.

       (Please see Attachment #4 – the above-referenced Resolution which has
       been made a part of these minutes.)

Helget reported that the City received the License for the new airport and explained that
a settlement with Jason Mages that has been agreed upon in the amount of $120.00 for
a 50’x700’ strip across the farm land, that he his renting from the City, to allow aircraft to
taxi from the old airport to the new airport. The new airport will be opened tomorrow.

Lee Lund asked if anyone could use the airport? Thompson said yes, it is a public
airport and for more information contact Helget.

LAKE AVENUE IMPROVEMENT PROJECT

Thompson asked what was the Council’s desire?

Soine stated that the Lund’s make a good point, our understanding was there was not
going to be any assessments, they have a letter based on that understanding.

Thompson commented to assess all the other properties except this one.

Zimmerman stated that by not assessing this property the City would be setting
precedence and they would be getting a benefit without paying; that’s not fair.

The Council addressed triple fronting lots.

       Motion was made by Soine to approve Resolution 2003-58 Adopting
       Assessment with the exclusion of the Lund property. Seconded by
       Peschong and did not pass by majority vote (Soine, aye; Peschong, no;
       Thompson, yes; Zimmerman, no; and Beek, abstained).

       Motion was made by Zimmerman to approve Resolution 2003-58 Adopting
       Assessment as printed. Seconded by Peschong and passed (Soine, no;
       Peschong, yes; Thompson, yes; Zimmerman, yes; and Beek, abstained).

       (Please see Attachment #5 – the above-referenced Resolution which has
       been made a part of these minutes.)

2004 STREET IMPROVEMENT PROJECT

Nothing to report.

INFORMATIONAL

Thompson reviewed the information items that included October Meeting Schedule, West
Central Sanitation September Garbage Rates, August Fund Balances, Monday night is the
Grand Opening of the Oil Depot and October 10, 2003 will be the City Open House.

Thompson asked if there was any other business?

Lee Lund asked again what his letter meant? Soine responded you have to pay.

Thompson announced the appeal process.

There was a short discussion on the appeal process and the letters intent.
Lund’s presented the Council with a written objection to their assessment.

Jackie Braun asked who pays for the legal fees if this goes to District Court and if it is
worth if for this kind of money $783.00? Lund’s have a letter in hand from the City this
was not a verbal arrangement.

Peschong asked the Lunds if the Borks showed them the Preliminary Assessment Roll?
Lee Lund said no.

There was a short discussion on legal fees.

Lee Lund again expressed his stand in this matter stating the he received this letter
from the City and based his purchase of the property on this letter. He continued by
stating he will appeal the Council’s decision.

Thompson stated that this could be brought back to the October 8, 2003 meeting.

Thompson closed the regular City Council meeting at 7:51 p.m. to consult with the City’s
attorneys regarding pending airport litigation.

Thompson re-opened the regular City Council meeting at 8:52 p.m.

       Motion was made by Zimmerman to approve the Relocation Assistance
       Appeal Policy. Seconded by Peschong and unanimously carried.


There being no further business, the meeting was adjourned at 8:55 p.m.


                                                        Steven Helget, City Administrator

				
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