MINUTES REGULAR CITY COUNCIL MEETING 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 Commission. 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. INSPECTRON INC. BUILDING INSPECTION SERVICES CONTRACT 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 smooth. 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. POLICE DEPARTMENT - SAFE AND SOBER GRANT 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. 2006 BUDGET 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. 2006 TAX LEVY 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. 2005 YEAR END BUDGET TRANSFERS 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 SPORTSMANS CLUB – GAMBLING PERMIT 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. ZIMMERMAN COMPUTER CONSULTING 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. 2006 WATER/SEWER RATES 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. ORDINANCE NO. 87 2nd SERIES SPLITTING OF UNPLATTED LAND 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 – GAMBLING PERMIT 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 carried. PERSONNEL EVALUATION PROCESS 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. HIGHWAY 23 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. DOUBLE YELLOW LINE ORDINANCE 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). WENDROTH RE-ZONING EXTENSION 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. TAXES DUE PAYNESVILLE TOWNSHIP ON ANNEXATION AGREEMENTS 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 carried. POLICE DEPARTMENT – NIMS 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. POLICE DEPARTMENT – MUTUAL AID AGREEMENTS 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. INDUSTRIAL PARK EXPANSION 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. 2006 STREET PROJECT 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 information. AMBULANCE GARAGE BUILDING AND LEASE 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.