March 10_ 2004 - MINUTES

Document Sample
March 10_ 2004 - MINUTES Powered By Docstoc
					                                    MINUTES
                          REGULAR CITY COUNCIL MEETING

MARCH 10, 2004

The Regular City Council meeting was called to order at 6:03 p.m. by Mayor Jeff
Thompson. Council members present were Dennis Zimmerman, Harlan Beek, Dave
Peschong and Jean Soine. Others present were Steve Helget; City Administrator,
Jennifer Welling; City Secretary, Ron Mergen, Public Works Director; Pete Carlson,
SEH; Bill Spooner, City Attorney; Bonnie Jo Hanson, Paynesville Press; Tom
Wendlandt, Doris Wendlandt, Monte Eastvold, Northland Securities; Brian Bourassa,
Viking Land „n‟ Lakes; and Kent Kortlever, Chief of Police.

The Pledge of Allegiance was recited.

Thompson reviewed the Consent Agenda items that included a motion to approve the
following minutes February 25, 2004 Regular City Council, November 17, 2003 Safety
Committee, January 27, 2004 Finance Committee, January 28, 2004 Public Works
Committee, February 2, 2004 Planning Commission and February 9, 2004 Human
Rights Commission.

A motion to approve vouchers #64604 - #64618 totaling $1,459.56 and vouchers #64619 -
#64620, #64651 - #64699 in the amount of $34,816.57. Vouchers #64621 - #64650
equaling $23,353.84, void #64642 - #64645.

A motion to approve the attendance of Jeff Thompson to the 2004 MN Mayors
Association Conference, in Fergus Falls on April 23-24, 2004 at the cost of $120.00
(registration) + $69.00 (standard room) + tax.

A motion to accept the bid from J Painting in the amount of $1,475.00 for interior painting
of the Library.

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

VIKING LAND ‘N’ LAKES

Brian Bourassa of Viking Land „n‟ Lakes presented the condominium declaration. He
stated that this document was very similar to the townhomes declaration for the
exception of an age restriction of 55 years old and older, which has been modified to 45
years of age and older and will be called “Adult Living”.

Helget pointed out Attorney Spooner‟s comments.

Zimmerman added that the Planning Commission has reviewed this declaration and
recommends approval.
       Motion was made by Peschong to approve the Viking Land ‘n’ Lakes – Lake
       Land Villas Condominium Declaration with the incorporation of Attorney
       Spooner’s suggestions and the age restriction changed to 45 years of age
       and older. Seconded by Zimmerman and unanimously carried.

Helget also stated that Bourassa was unable to approve the Development Agreement
before tonight‟s meeting so it will be brought back to the March 24, 2004 meeting.

Bourassa stated that the Agreement changes were small regarding a pond and
financing a trail, but his partner was unable to review this yet.

The Development Agreement was tabled until the March 24, 2004 meeting.

2004 ST. IMPROVEMENT PROJECT

Monte Eastvold, Northland Securities presented 3 bonding options, which included a 10,
12, and 15 year schedule.

Eastvold address the bond rating question from the last meeting and stated that the City
is currently a BAA2, which is very good. This proposed bond will not be rated to save
$5,500.00. Historically the City has held their bonds to 10 years in the past; equaling a
shorter payback and less interest; however the payments increase. One thing the Bond
Council looks at is bond pay off and length of debt (currently 10 years or less).

Helget stated that not all bonds were originally 10 year bonds, but have been paid
down.

Eastvold stated that a typical street improvement bond is a 15 year bond.

Helget confirmed that the call feature would be in 2011.

Eastvold suggested that the Council should decide based on their comfort level and
how it will impact taxes.

Zimmerman commented that we need to look at the overall impact and planning for the
City.

Peschong stated that if the City can pay off the bond in 10 years we should to save in
paying interest.

Peschong added that if the Aquatic Park referendum passes and we bond for that
project the City would more than likely pay that bond off first before this bond due to
revenues incurring to help pay off this bond.

Helget commented on the amount that would be taxed in 2005.

Beek stated that if we go with a 15 year bond we still have the option to pay it off early.

Peschong disagreed because the City would pay the Aquatic Park bond off first.
Thompson‟s concern was the amount the City would have to have to make the bond
payments.

Zimmerman added that at the Finance Committee meeting both points were discussed
and it was decided it would be better to go longer and give the City more flexibility;
however we would pay more in interest.

Peschong stated that the City should stop giving away money (50,000.00) and use it
towards projects like this. There is plenty of room to change in the recreational
contributions category.

Carlson reported that seven bids were received for the 2004 St. Improvement Project
with the low bid of $945,173.43 from Duininck Brothers, Inc. of Prinsburg, MN. Carlson
was pleased with the bids and recommended awarding it to Duininck Brothers, Inc.

       Motion was made by Zimmerman to approve Resolution 2004-14.
       Seconded by Beek and unanimously carried.

       Motion was made by Peschong to approve the Highway Maintenance
       Agreement Between The City Of Paynesville, MN and Stearns County MN.
       Seconded by Soine.

Beek asked where this Agreement was for? Mergen responded at the intersection of
Lake Ave. and James St.

       The motion passed.

Carlson commented that the year of the bond will be the same as the assessment
schedule.

       Motion was made by Zimmerman to approve Resolution 2004-17 (15 year
       Bond). Seconded by Soine and passed 4:1 (Thompson, Soine, Beek and
       Zimmerman, yes; Peschong, no).

       Motion was made by Zimmerman to approve the Contract with Northland
       Securities authorizing Northland Securities to purchase the bond issue for
       the City of Paynesville. Seconded by Beek and unanimously carried.

Eastvold added that the bond closing is set for April 1, 2004.

SUNDAY LIQUOR SPECIAL ELECTION

Doris Wendlandt asked the Council to have an open mind and to consider putting the
Sunday Liquor question on the General Election Ballot. She continued by stating that
Sunday liquor would keep business, promote business and bring more money into town.
Wendlandt continued by quoting J. F. Kennedy. She would also appreciate a 3.2 Liquor
License and Set Up License by April 1, 2004. She admitted that the liquor laws are very
tight and by far she has the most restrictions, but abides by the laws.
Thompson suggested that the Council address each item separately starting with the
issue of Sunday Liquor on the General Election Ballot.

Sunday Liquor

Peschong stated that it is not the issue of trying to bring business or keep business, but
the residents have told the Council three times they do not want Sunday liquor.

       Motion was made by Peschong to have Doris Wendlandt go through the
       petition process before putting the Sunday Liquor question on the General
       Election Ballot. Seconded by Zimmerman.

Doris Wendlandt confirmed that people have said no, but she can‟t make people vote.
People are bringing in senior citizens by the bus loads. Also residents show up at the
polls at 7:55 p.m. and they were turned away. Furthermore, the polling place needs to
quit changing, its always been at the Fire Hall.

Peschong stated that the polling place was changed to the Area Center about a year
and a half ago due to ADA requirements.

Doris Wendlandt asked whose clock is the “Correct” time. Beek responded the election
judges determine the time. Thompson added that the election judges open and close
the polls.

Doris Wendlandt stated that if the Council wants another petition she will get another
petition and eventually get the Sunday Liquor question passed.

Thompson stated there was a motion to require a petition before putting the Sunday
Liquor on the General Election Ballot.

       The motion passed 3:2 (Peschong, Beek and Zimmerman, yes; Soine and
       Thompson, no).

3.2 Beer License

Thompson confirmed that the 3.2 Beer License would allow 3.2 beer to be sold on
Sundays as well as setups.

Doris Wendlandt stated that she doesn‟t have the application for the Set Up License as
Helget dose not have an application for this and would not get one until he has the
Council‟s decision.

Thompson asked if all the questions have been answered regarding the two proposed
licenses.

Doris Wendlandt stated that the State (Al Erickson) has told her that it is common for an
establishment to have both of these licenses. There is already one business in
Paynesville that has this license. She confirmed that she would continue to purse the
Sunday Liquor, but meanwhile not do something to forfeit her Liquor License.
Beek asked if 3.2 beer could be sold on Sundays. Wendlandt said yes, the Bowling
Alley already has a 3.2 Beer License.

Thompson asked if Kortlever had any questions?

Kortlever stated that he had a concern with drunk drivers and this would add one more
day that his officers may have to deal with issues related to alcohol use.

Peschong asked how Wendlandt would separate the two types of alcohol. Wendlandt
stated by using cans for 3.2 beer.

Helget asked if Wendlandt would serve 3.2 beer from a tap? Wendlandt said it could be
possible, but has not talked with her vendors.

Soine asked if 3.2 meant just beer? Wendlandt said no, wine coolers also.

Zimmerman stated that this seemed to be a run-around the vote of the people.
Wendlandt argued that a 3.2 Beer License already exists.

Peschong argued that the 3.2 Beer License and Intoxicating Liquor License is not in the
same location.

Beek stated that it also becomes an enforcement issue. Kortlever agreed and assured
spot checks.

Doris Wendlandt said it would be foolish for her to do something to forfeit her business
and license.

Peschong commented that people do make mistakes. Wendlandt agreed, in every type
of business.

Peschong added that the Council needs to listen to the people.

Wendlandt asked if the Bowling Alley would have their license forfeited? Peschong said
no, they do not have both intoxicating and non-intoxicating liquors in the same business.

Peschong asked if there are other businesses in the County that have these licenses?

Spooner did not know and hasn‟t talked to Al Erickson from the State either.

Thompson suggested that this be researched further to get names of establishments
that hold both licenses and find out how they are managed and licenses enforced.

Spooner will also check with Al Erickson.

Beek stated that he is not opposed to the issue of a License if it is permitted by law.

Thompson stated that the Council‟s concern is enforcement.
Tom Wendlandt asked if they could be open on Sundays to sell food? Peschong
suggested they talk to their attorney.

Doris Wendlandt stated that they are planning to serve and Easter buffet and would like
to be open seven days a week as they pay taxes for seven days a week.

Consumption & Display (setups)

Peschong confirmed that this type of license would allow persons to bring in there own
bottle of liquor and Queens Bees would serve pop; however this is still mixing two types
of licenses in one place.

Doris Wendlandt stated that while visiting with Al Erickson he asked her what was going
on in our community? She responded by stating there is too many churches.

Helget stated that he would have the questions answered by the March 24, 2004
meeting.

Wendlandt stated that the 3.2 Beer Licenses are due on April 1, 2004.

RE-ZONE 104 & 110 RIVER STREET

Thompson stated that proposed is to rezone 104 River St. and 110 River St. from Light
Industrial (L1) to Single and Two-Family Residential (R1). Currently the properties are
being used as residential. It is being proposed to rezone the two properties to their
current use. In accordance with the City's zoning ordinance, under the current zoning
the properties are considered non-conforming uses and a Conditional Use Permit would
be required before the house and/or any accessory building could be altered.

The Planning Commission has reviewed this, held a public hearing on March 1, 2004
and recommends approving the re-zoning of 104 and 110 River St.

Helget confirmed that both property owners are ok with the re-zoning.

Zimmerman stated that the Planning Commission reviewed this and recommends
approval.

       Motion was made by Beek to approve Resolution 2004-11 Approving Re-
       zoning of 104 River St. and 110 River St. from Light Industrial (L1) to Single
       and Two-Family Residential (R1). Seconded by Peschong and
       unanimously carried.

CRACK SEALING

Mergen reminded Council that for the past few years we have been working with the
City of Melrose in order to receive a quantity discount rental rate on the crack sealing
equipment. The rental cost of the equipment is $2,284.47.

The Public Works Committee has reviewed this cost and recommends approval.
       Motion was made by Zimmerman to approve $2,284.47 for the rental of
       crack sealing equipment. Seconded by Soine and unanimously carried.

WATER PLANT CONTROL PANEL

Mergen informed the Council that there is no support for the water plant control panel
and it needs to be replaced. If it would go down it could take up to 6 to 8 weeks to get
replaced and would have to be run manually. Two quotes were received they are as
follows:
        Sy/Com, Inc.                      Minneapolis, MN      $10,250.00
        Tonka Equipment Company           Plymouth, MN         $11,338.00

The Public Works Committee has reviewed these bids and recommends the Sy/Com
quote.

       Motion was made by Beek to accept the quote from Sy/Com, Inc.,
       Minneapolis, MN in the amount of $10,250.00 plus sales tax for a new Water
       Plant control panel. Seconded by Peschong and unanimously carried.

AVON PLASTICS’ VARIANCE

Avon Plastics, Inc. has submitted a Variance application. They are planning to increase
their production by 40% and will be adding four new lines in order to accomplish this. In
order to meet their production plans they propose to increase the size of one of their
existing silos from 50 feet high to 74 feet. Currently, the silo can hold six (6) semi loads
of sawdust. By extending the height of the silo which will require adding three rings, the
silo will be able to hold twelve (12) loads. The maximum allowable height in a Light
Industrial (L1) zone is 45' and Avon Plastics is asking for a 24' variance.

Helget has contacted the Office of Aeronautics regarding height restrictions and they
stated that height can not exceed 150 feet with in one mile radius of the airport.

The Planning Commission has reviewed this request and recommends approval.

       Motion was made by Peschong to set the Avon Plastics, Inc. Variance Public
       Hearing for Wednesday, April 14, 2004 at 6:30 p.m. Seconded by Zimmerman
       and unanimously carried.

OPPOSE TAX & EXPENDITURE LIMITATION PROPOSALS

Helget informed the Council that he had received this Resolution from the League of
Minnesota Cities and they recommend adopting this.

       Motion was made by Soine to approve Resolution 2004-12 A Resolution To
       Oppose Tax And Expenditure Limitations Proposals. Seconded by
       Peschong and unanimously carried.
NONPOINT EDUCATION FOR MUNICIPAL OFFICIALS

Mergen reported that water quality is a huge issue. The Lake Association is putting
together a plan and education is the primary focus. Therefore we are starting at the top
with government officials.

Possible dates for this education class were discussed.

       Motion was made by Beek to set Tuesday, May 25, 2004 at 6:30 p.m. at
       Hilltop Café as a Special City Council meeting for Nonpoint Education for
       municipal officials. Seconded by Zimmerman and unanimously carried.

ALPHA VIDEO CONTRACT

Helget informed the Council that it is time to renew the annual (March 1, 2004 – February
28, 2005) Alpha Video Contract at the amount of $1,838.19. Alpha Video provides phone
support, NewsJet, Pro Weather, and Scala updates.

Zimmerman stated that this service is hard to read, if you can‟t read the service, why have
it? Some pressure needs to be put on Mediacom to increase the quality.

       Motion was made by Soine to approve the 2004-2005 Alpha Video Contract
       in the amount of $1,838.19. Seconded by Beek and unanimously carried.

POLICE DEPARTMENT – PURCHASE OF DEFIBRILLATOR

Chief of Police, Kent Kortlever stated the Police Department is requesting authorization
to purchase an Automatic External Defibrillator (AED) to be placed in the squad car and
used for medical emergencies. A grant has been applied for through Central Minnesota
Emergency Medical Services Region. Agencies that do not have an AED will be given
first priority for this grant. A spending cap of $2,000.00 was set for the purchase of an
AED.

Kortlever is requesting approval to purchase the equipment once the grant is approved.

       Motion was made by Zimmerman to approve the purchase of an Automatic
       External Defibrillator (AED) up to $2,000.00 once the police department
       receives approval for the grant from the Regional EMS Board. Seconded
       by Peschong and unanimously carried.

WALKING A MILE PROGRAM

Thompson announced the Walking A Mile Program an exchange program between two
cities to exchange ideas, methods, goals, etc. The League of Minnesota Cities will work
out the policies and procedures. A few cities have already done this exchange program
and seems to be worthwhile. Expenses would be up the City. Thompson is going to
Brooklyn Center and they would come here.
       Motion was made by Soine to participate in the Walking A Mile Program
       with Brooklyn Center. Seconded by Beek and unanimously carried.

MARY HAHN PROPERTY

Mergen reported that the Park & Tree Board has meet with Mary Hahn regarding the
purchase of her property and uses of it. The property is approximately 119 acres,
currently a portion is being farmed, and also there is 6 acres in native grasses.

If the land was secured the Board would want the right to:
            o Develop trails
            o Erect shelters
            o Construct a parking area
            o Develop a sliding area
            o Construct an observation deck
            o Provide plan identification
            o Host school activities
            o Create an outdoor skating rink
            o Opportunities for Science classes
The Board does not want the property commercialized, nor:
            o Four-wheeler trails
            o Snowmobile trials
            o Camping

Financial assistance is needed therefore we are looking at a 3-year option to purchase.

Peschong asked what Hahn‟s purchase price is? Mergen said $200,000.00.

Thompson added that this would tie in nicely with the Lake Koronis Trail.

Beek stated that the City is able to apply for grants and that the Park & Tree Board does
not want it developed.

Zimmerman added that the City needs to look ahead for open, green space.

Soine commented that she could see lots of potential for this land.

If the Council wants to pursue the property purchase, we would like to apply for a DNR
Grant; therefore a pubic hearing would need to be held. To meet the DNR Grant deadline
a Special City Council meeting would need to be set for Monday, March 29, 2004 at 5:15
p.m. in the City Hall Council Chambers, prior to the 6:00 p.m. City Annual Meeting at the
Area Center.

       Motion was made by Zimmerman to set a Special City Council meeting for
       5:15 p.m. Monday, March 29, 2004. Seconded by Soine and unanimously
       carried.
       Motion was made by Soine to set the Outdoor Recreational Grant Program
       Public Hearing regarding the Mary Hahn Property for Monday, March 29,
       2004 at 5:15 p.m. Seconded by Zimmerman and unanimously carried.

VETERANS PARK SHELTER

Mergen informed the Council that the Park & Tree Board is also considering applying for
the Outdoor Recreational Grant again this year for a park shelter at Veterans Park.

       Motion was made by Zimmerman to set the Outdoor Recreational Grant
       Program Public Hearing regarding the Veterans Park Shelter for Monday,
       March 29, 2004 at 5:30 p.m. Seconded by Peschong and unanimously
       carried.

SAFETY TRAINING DAY

Historically City Hall has been closed on Columbus Day for safety training. This year the
annual Safety Training Day is scheduled to be held on Monday, October 11, 2004. The
Safety Committee has reviewed this date and recommends such.

       Motion was made by Beek to close City Hall on Monday, October 11, 2004
       (Columbus Day) for Safety Training Day. Seconded by Soine and
       unanimously carried.

PAYNESVILLE MUNICIPAL AIRPORT

This was tabled from the 1-28-04 meeting.

Six bids were received on January 20, 2004 for the Aircraft Fueling System. The low bid
was received by Double Check Co., Kansas City, Mo. in the amount of $69,800.00.
SEH has reviewed this and recommends approval. Helget has checked with the Office
of Aeronautics and the Grant has been approved and is in the mail.

There were some concerns with service as Double Check is out of state; Helget
checked with Tom Foster, SEH and he said that service could be contracted out to a
local company.

       Motion was made by Peschong to approve Resolution 2004-13 Accepting
       Bids for the Paynesville Municipal Airport Aircraft Fueling System.
       Seconded by Zimmerman and unanimously carried.

Cardtrol fueling will be run exactly like at a gas station and will be through the Melrose
Credit Union.

2004 STREET IMPROVEMENT PROJECT

Mergen reported that there have been some concerns with burning the elevator. The
C.P. Railroad will not give us access to burn it. Representatives from the Fire Training
School said that if the Railroad says no, the School will not do it.
The proposed plan is to remove and haul the building to the Schleper Farm and burn it
there. We will take bids and there would be no disposal costs except for the concrete.

Mergen continued, Webb has verbally agreed to a payment amount of $3,000.00 for the
property purchase on Railroad St.

AQUATIC PARK

Helget presented the latest draft of the Lease Agreement with the School District. One
item of discussion was the term of the agreement being 40 years at that time a new
Lease Agreement would need to be drafted. This is not an automatically renewing
Agreement.

There was some discussion of the life expectancy of the Aquatic Park.

A final Lease Agreement will be brought back to the March 24, 2004 City Council
meeting for approval.

Helget continued by stating that the City can not apply for a DNR Grant for an Aquatic
Park due to that the park is on School property and the City doesn‟t own the land.

      Motion was made by Soine to approve Resolution 2004-08. Seconded by
      Peschong and unanimously carried.

INFORMATIONAL

Thompson reviewed the following informational items February Administrative Fine Report,
February Liquor Store Report, February Police Report and a Thank You.


There being no further business the meeting was adjourned at 7:58 p.m.

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:3
posted:6/2/2010
language:English
pages:11