Document Sample
                             REGULAR CITY COUNCIL

DECEMBER 14, 2005

Thompson called the meeting to order at 6:01 p.m. Council members present were Jean
Soine, Jeff Bertram, Dennis Zimmerman, and Tom Lindquist (6:02 p.m.). Others
present were Steve Helget , City Administrator; Jennifer Welling and Denise Baune,
Administrative Assistants; Ron Mergen, Public Works Director; Mike Jacobson,
Paynesville Press; Chuck DeWolf, Bolten and Menk, Inc.; Patrick Weidmann, MNDOT;
Keith Voss, MNDOT; Lowell Flatten, MNDOT; Kent Kortlever, Chief of Police; Mike
Meagher, Richard Johnson, Marco Scholz, Marlene Theel, Rodney Schultz, Gayla
Orbeck, Jerome Orbeck, Donna Ampe, Peter Ampe, Cari Quam, Stan Yarmon, Doris
Wendlandt, Chuck Koshiol, Tiff Wolff, Pat Flanders, Dick Michaelis, Peter Jacobson,
Lynn Jacobson, Paul Evans, Terry Hacker, Lance Louis, Nathan Bork, Ron Wasmund,
Dick Butler, and Warren Sundstrom.

The Pledge of Allegiance was recited.

Zimmerman reported his attendance at the Truth in Taxation and Ad Hoc Public Charitable
Trust Fund. Soine noted that she had attended the Municipal Off-Sale Liquor Board and
Truth in Taxation Meetings. Bertram reported that he attended a League of Minnesota Cities
Annual Conference, Planning, and Municipal Off-Sale Liquor meetings. Lindquist reported
his attendance at the League of Minnesota Cities Annual Conference. Thompson
announced his attendance at the League of Minnesota Cities Annual Conference and that
Inspectron would be holding an open house on December 15, 2006. He reviewed the
informational items that included CenterPoint Energy Letter, Fire Department Resignation,
November Police Report, Mediacom Letter, AWWA Central Section Water Operator
Seminar Report, Minnesota Rural Water Training Seminar Report, Winslow Woodcarving
Studio Letter, LMC Conference Report, and Joint Orderly Annexation Agreement.

Motion to approve the minutes from the following November 23, 2005 Regular City
Council, November 21, 2005 Hwy. 23/MNDOT Meeting, November 30, 2005 Truth In
Taxation Public Hearing, November 14, 2005 Design Team Committee, October 27,
2005 Special Joint Public Works Committee/City Council, October 26, 2005 Public
Works Committee, November 3, 2005 Special Municipal Off-Sale Liquor Board, October
26, 2005 Municipal Off-Sale Liquor Board, and the November 7, 2005 Planning

Motion to approve Vouchers #69227, #69258 – #69267, #69296 – #69328, #69329 –
#69359 totaling $88,024.99. Payroll vouchers #69268 - #69295 totaling $23,458.19
and void #69268 - #69295 on 12/08/05 and #69228 - #69257 totaling $23,101.97 and
void #69249 - #69252 on 11/23/05. ACH on 11/23/05 for Federal Taxes in the amount
of $5,127.73 and on 11/23/05 for State Taxes totaling $988.60 and on 12/08/05 for
Federal Taxes in the amount of $5,285.55 and on 12/08/05 for State Taxes in the
amount of $1.020.13.
Motion to approve a decrease in the mileage rate to .445/mile per the Internal Revenue
Service rate reduction.

Motion was made to hire Terry Hacker for the cable coordinator position at a rate of
$8.15 per hour.

      Motion was made Bertram to approve the Consent Agenda. Seconded by
      Zimmerman and unanimously carried.


Helget outlined the Service Agreement with Inspectron Inc. and stated that the
suggested changes to the Agreement were made and recommended that the Council
enter into the Agreement. Ron Wasmund from Inspectron, Inc. thanked the Council,
Planning Commission, and Steve Helget and stated he felt the transition was going

      Motion was made by Bertram to contract with Inspectron Inc. to provide
      building inspection services for 2006. Seconded by Lindquist and
      unanimously carried.

      Motion was made by Zimmerman to pay Inspectron Inc. 80% of the Building
      Permit Fee/Plan Check for permits they are approving/issuing in 2005.
      Seconded by Soine and unanimously carried.


Chief Kortlever reported that the Paynesville Police Department was awarded a
$1,000.00 mini-grant which was applied for in October. The Police Department
successfully met the required criteria and was awarded third place. To receive the
Grant, the Police Department must have approval from Council. Kortlever reported that
the grant money has been targeted for use to purchase a hand held new radar and for
over-time pay.

      Motion was made by Bertram to approve Resolution 2005-51 Authorizing
      Acceptance Of A Traffic Safety Award. Seconded by Zimmerman and
      unanimously carried.


Helget reported that Resolution 2005-49 Adopting the 2006 City Budget reflects the
same budget that was presented at the Truth in Taxation hearing.

      Motion was made by Lindquist to adopt Resolution 2005-49 Adopting the
      2006 City Budget . Seconded by Soine and unanimously carried.

Council reviewed Resolution 2005-48 Adopting Final 2006 Tax Levy Collectible in 2006.

       Motion was made by Zimmerman to adopt Resolution 2005-48 Adopting
       Final 2006 Tax Levy Collectible in 2006. Seconded by Soine and
       unanimously carried.


Helget reported that it is the City’s practice to transfer unexpended money to Capital
Improvement Funds. Bertram inquired whether a detailed list would be provided when
the information is available. Helget stated that a detailed list would be distributed at a
later date.

       Motion was made by Zimmerman to designate any unexpended money
       under the Park Budget to the Park Capital Improvement Fund, Airport
       Budget to the Airport Capital Improvement Fund, Liquor Fund Budget to
       the Liquor Capital Improvement Fund, Street and Alley Budget, Snow and
       Ice Removal Budget, Street Lighting Budget and Tree Inspection-Compost
       Site Budget to the Street/Sidewalk Capital Improvement Fund, Emergency
       Services Budget to the Emergency Services Capital Improvement Fund,
       Police Budget to the Police Capital Improvement Fund, General Fund Fire
       Budget-New Equipment to the Fire Department Capital Improvement Fund.
       Seconded by Lindquist and unanimously carried.


Paynesville Sportmans Club submitted a Gambling Permit (Minnesota Lawful Gambling
LG220 Application for Exempt Permit) to hold a raffle on March 10, 2006 at the
American Legion Post 271.

       Motion was made by Bertram to approve Paynesville Sportsman Club
       Gambling Permit to hold a raffle on March 10, 2006 at the American Legion
       Post 271. Seconded by Lindquist and unanimously carried.


Helget introduced an invoice from Zimmerman Computer Consulting for computer
services from October 11, 2005 to December 5, 2005 in the amount of $217.50.

       Motion was made by Bertram to pay the Zimmerman Computer Consulting
       invoice in the amount of $217.50. Seconded by Lindquist and carried with
       Zimmerman abstaining.

Mergen gave a verbal report regarding Resolution 2005-47 Regarding Chapter 3 Of
Ordinance No. 1, 2nd Series with a special notation to one change found at the bottom of
the Resolution’s first page under Water Hook-Up Fees: A. Single Family Units -
$440.00 plus standard meter at $115.00 (meter fee added). Mergen added that this
was also addressed at the Truth in Taxation hearing.

       Motion was made by Lindquist to approve Resolution 2005-47 Regarding
       Chapter 3 Of Ordinance No. 1, 2nd Series. Seconded by Zimmerman and
       unanimously carried.


Helget reported that the purpose of this amendment to Chapter 12 was to solve
boundary line disputes. The Planning Commission has reviewed the proposed
amendment and is recommending approval. Bertram stated that, in his opinion, not
enough research has been done on this issue and he would not be in support of it until
more information was provided. Zimmerman suggested tabling the matter until Council
could make a better informed decision. Lindquist asked how much unplatted land
existed in Paynesville and Thompson stated there was a fair amount given the recent
annexations. Bertram requested more information on the pros and cons of the
proposed ordinance and stated Council should proceed cautiously with this matter until
the consequences of said ordinance could be researched more thoroughly. Council
agreed to readdress this issue at the December 28, 2005 meeting.


St. Louis Catholic Church submitted a Gambling Permit (Minnesota Lawful Gambling
LG220 Application for Exempt Permit) to hold a bingo event on February 12, 2006 at the
at the St. Louis Catholic Church.

       Motion was made by Bertram to approve St. Louis Catholic Church
       Gambling Permit to hold a bingo event on February 12, 2006 at the St.
       Louis Catholic Church. Seconded by Zimmerman and unanimously


Thompson stated that reportedly the current personnel evaluation form has ambiguities
and is allegedly vague in how the process is to be completed. Question was raised
whether the Personnel Committee has the authority to review the personal files and
previous evaluations of the administrative staff. Soine stated there was discussion in
the Personnel Committee on the legalities of reviewing previous evaluations done by
Steve Helget, City Administrator, in order to complete the Personnel Committee’s
performance evaluation of him. Thompson stated that he asked the League of
Minnesota Cities for more information regarding this issue and they verbally responded
that the current personnel policy is the authority. Thompson is still waiting for a written
response to his concerns. Bertram stated according to the Personnel Policy that
internal access to personal records and files of employees is authorized on a business
related need to know basis and that the Personnel Committee had authority under the
organizational chart contained within the handbook to review the administrative staff
evaluations done by Helget. Additionally, Bertram stated that the policy also holds that
personnel policies may be amended at the sole discretion of the City. Soine stated that
should the Personnel Committee need to review any employee’s file to complete
Helget’s performance review the file and any information held within would not leave
City Hall. Soine also stated that CAEERC is currently working on updating the
Personnel Policy Handbook and members would review the current policy addressing
personnel evaluations. Lindquist stated that revising the Handbook is sensitive to state
and federal statutes and possibly an expert should be consulted to evaluate this issue.
Thompson stated the Personnel Committee was created several years ago and has
evolved into what it is today but has no clear guidance or direction from Council as to
what types of authority or responsibility it has. The Council consent to have the issue
of the Personnel Committee’s authority to review personnel evaluations and files and
the responsibilities of the Committee sent back to the Committee and have a
recommendation made to Council. Bertram felt that a Personnel Committee meeting
should be scheduled as soon as possible and put its recommendation on the next
Council agenda. Soine suggested that this issue should go through CAEERC. Soine
stated that prior to any further action that the Personnel Policy Handbook should have
the update completed. Bertram reiterated that he wanted this issue addressed
immediately due to the timeliness of the evaluations.


Lowell Flatten, Keith Voss, and Patrick Weidmann were in attendance to address four
(4) concerns of Council.

    1. To accommodate a full interchange at the Airport, MnDOT will leave the highway
        classification as 2A and will not change it to 2B.
    2. Addressing Council’s request to allow for a Business Route Highway 23
        designation, Flatten stated that the old highway/roadway is turned over to the
        County and the County would have to agree with what to name the roadway.
        Bertram asked if the County could deny taking the road and Weidmann stated
        that it could, but rarely happens. Bertram inquired whether the county could
        force Paynesville into taking the road and Weidmann said yes.
    3. Council requested that Lake Avenue be constructed to a ten ton route to
        accommodate traffic to the Industrial Park. Flatten stated to do so would be a
        violation of state statute of how trunk highway funds generated through gas tax
        could be spent. They will stick to their original proposal of upgrading 50 to 100
        feet of Lake Avenue off of the new highway. Flatten stated a copy of the statute
        could be provided if so requested.
    4. MnDOT is unable to construct the requested bypass near Roseville Road
        because it does not meet the required one (1) mile access spacing and the
        separating of two lanes and also the merging into one lane makes this a difficult
        interchange. There would be too many things going on at this access.
Flatten stated that the plan presented is what MnDOT would like to submit for Municipal
Consent. Bertram inquired to what the speed limit would be and Flatten stated that
limits are set by MnDOT according to traffic studies. Zimmerman stated he was
pleased to see the west end interchange. Bertram felt this was a good faith attempt by
MnDOT. Weidmann stated that this was MnDOT’s final position and would be
submitting the plan as presented. Weidman also pointed out that if the project does not
get Municipal Consent, MnDOT will pursue other options including; closing the project,
appeal, leave at Council’s discretion, or go north. Thompson thanked MnDOT and
stated the plan would be taken into consideration and inquired what the next step would
be. Flatten stated MnDOT has three (3) weeks to submit layout with a letter and receipt
of the layout and the letter starts the clock, the city would have 15 days to set a public
hearing upon receipt of the letter, and 30 days to publish. Council has ninety (90) days
to approve or disapprove. If no action is taken within the ninety (90) days the plan is
viewed as approved. If the plan is approved with conditions it is considered a denial.


The Public Works Committee recommended that the ordinance be rescinded due to the
difficulty of enforcement. Chief of Police Kent Kortlever stated he wanted the ordinance
to stay in place and referred to an accident near Corner Drug. Kortlever stated that it is
difficult to enforce because an officer would have to be present at the time of the
offense. Bertram stated he wants attention to bigger crimes and for Paynesville to keep
its hometown feel. Chief Kortlever stated he felt safety is a big concern and it would be
more dangerous to rescind the ordinance.

      Motion was made by Bertram to rescind Ordinance No. 27 2nd Series.
      Seconded by Lindquist. The Motion failed 3:2 (Thompson, yes; Soine, yes;
      Zimmerman, yes; Lindquist, no; Bertram, no).


      Motion was made by Lindquist to approve the extension to approve the re-
      zoning of the Wendroth property from I-1 Light Industrial to R-1 Single and
      Two Family Residential until January 31, 2006. Seconded by Zimmerman
      unanimously carried.


Helget reported that an error was found and Paynesville Township was overpaid
$23,540.86. Helget stated he spoke with Don Weise and Don Pietsch regarding this
matter and that they will put this on their next agenda. Thompson asked how far back this
error went and Helget stated back to 2001. Lindquist inquired how the error was found
and Helget said through research with property values and computation sheets?. Bertram
stated he was concerned with the large oversite and inquired what could be done to
prevent a similar error. Zimmerman responded that we are dealing with humans and
complex numbers and that double checking should be a standard rule and the fact that the
error was found was indicative of checking done by personnel. Members made several
suggestions to prevent future errors including periodically changing auditors; asking
questions; new members and staff help to check processes, etc.
       Motion was made by Zimmerman to bill Paynesville Township for
       overpayment of $23,540.86 with an explanation of the cause of the billing
       error. Seconded by Soine and unanimously carried.

       Motion was made by Soine to approve deducting 2005’s tax payment of
       $1,072.55 from the overpayment. Seconded by Lindquist and unanimously


Chief of Police Kent Kortlever reported that NIMS is a national procedure for emergency
disasters. He additionally stated we already have a template in place and it will be
updated in six (6) months. Kortlever stated that approving a Resolution stating that a plan
is already in place allows for rapid federal money when a disaster strikes.

       Motion was made by Zimmerman to approve Resolution 2005-40 Designating
       The National Incident Management System (NIMS) As The Basis For All
       Incident Management In The City Of Paynesville. Seconded by Soine and
       unanimously carried.


Chief of Police Kent Kortlever reported that 2005-411 Resolution By City Of Paynesville
Promoting The Use Of Intrastate Mutual-Aid Agreements prevents the necessity of Council
to meet before dispatching officers to other areas in emergencies.

Lindquist wondered if there was record kept of when the process was used and Kortlever
replied there is not. Lindquist stated he would like to know that information for future
questions such as officer cost, etc. and suggested logging that information. Bertram
inquired about liability and Kortlever stated we are exempt.

Motion was made by Zimmerman to approve 2005-411 Resolution By City Of
Paynesville Promoting The Use Of Intrastate Mutual-Aid Agreements. Seconded by
Bertram and unanimously carried.


Helget gave a verbal report and referred to conceptual layout options done by Bolten and
Menk, Inc. of the Industrial Park expansion of the Ampe property illustrating natural gas
lines, water and sewer, and cost. Helget reported that he contacted the State to find out
what money is available for Industrial Park development and all monies allocated this year
have been used up. Chuck DeWolf of Bolten and Menk, Inc. thanked both Council and
the City and stated they are looking forward to working together. DeWolf stated Layout
No. 1 showed a dead end street and stated that use of that option did not limit future
development. Layout No. 2 showed a cul-de-sac option which would be beneficial for a
turn around for large vehicles. Pat Flanders stated he wants the project to happen and
wondered if Outlot A narrows north and whether developing there would cost more with
utilities and stated he wanted to see more opportunities for development of the lots.
Flanders stated the Pay-Del-Co Board will be meeting to discuss this item. The Council
consented to continue their discussion after the Pay-Del-Co Board meeting.


Mergen reviewed the project schedule. After bidding is complete, Bolten and Menk, Inc.
will do the staking and inspections. Bertram inquired whether the four (4) miles of trail
would be mentioned in the Agreements. Chuck DeWolf stated that they would add the trail


Mergen reported on the Ambulance Garage Lease Agreement that expires on December
31, 2005. Mergen reported that there are several problems with the building including a
severe mold problem in the interior and multiple cracks in the stucco on the exterior.
Mergen reported it would cost between $25,000 and $40,000 to repair the building and
approximately $100,000 to $150,000 to build a new garage. Lindquist expressed concern
over people staying overnight in the facility with severe mold. Also discussed were
changes to the maintenance portion of the agreement. Currently, parties share
maintenance and it is proposed under the new contract that they would pay a monthly fee
for maintenance services. Zimmerman stated more information was necessary and
members agreed. The Council consented to continue the current Agreement under
current terms and forward a letter to the PAHCS stating such.

There being no further business, the meeting was adjourned at 8:19 p.m.