APPROVED

REGULAR COUNCIL MEETING

2-13-13

Council Present: Lee, Pavelka, Broadwater, Hager, Schmoker

Others Present: Gary Gile, Justin Leonhardt, Jeff Arens, Sue Schuler, Wendy Sattre, Angela Reinhardt, Pat Halverson, Brenik Lee, Mary Foster, Rick Engstrom (WHKS), Mike Bubany (Financial Advisor)

FIRE REPORT:

Arens was present and stated that they are waiting on some information from E1 a vendor for the completed set of plans and bid specs by the 21st, as far as HBAC financing contracts they have not heard back from them and have received conflicting comments and they have not gotten back to us on that yet. So Arens and Schuler have not completed that yet.

KLS REPORT:

Council reviewed the resolution hiring the county to administer the election, Schuler has been advised not to administer the election for a possible conflict of interest could arise or perception of public so she has decided not to administer this special election therefore the county must be hired. Schuler commented that the city attorney drew up the resolution. That also includes all of the cities election judges. Simply stated the county will hire all the judges and run the entire election at the cities expense as council is already aware of. Hager asked if we have any idea what the final costs would be and Schuler commented not at this time. Hager asked Schuler what it cost the city at last years election and figures showed between the primary and general just over $6000.00 but some of those costs were cheaper for we share all equipment costs with Glasgow township and are not charged for a lot for it is a State and Federal election not a City Special election.

MOTION BY PAVELKA SECOND BY SCHMOKER TO ACCEPT RESOLUTION 03-13 AS PRESENTED. AYES: ALL. MOTION CARRIED.

Schmoker commented that every year we pay a lot of insurances out and he has not seen any in the KLS yet and Schuler stated, that is because we have not received the bill yet from the League. Hager commented on Bruce’s comment on the amount lost last year and Schuler commented that those were simply preliminary for the audit is being compiled now for presentation, Hager then asked what they are operating on now, Lee asked for clarification and he stated that he wonders if we start out at zero and Lee commented that he can ask the auditors at final audit that question.

POLICE REPORT:

No Report

WATER / SEWER REPORT:

Pavelka stated that we have a generator which is an emergency piece of equipment and it’s broken and we are not planning on doing anything to it until spring if it’s needed why we are not working on it. Schmoker asked if it was broke down and Gile stated yes that is what he told them at the last meeting. If you want it fixed right now and have the money to do so he will call someone now, Pavelka stated that he feels it needs to be checked to see what exactly is wrong with it first to see if its fixable and if we need it we would have it and if we don’t need it why bother. Gile stated it is all up to council, and that if a major storm blows through and we need it he could take the portable generator back and forth. Lee stated that they (public works) were considering waiting until it warmed up tearing it apart themselves to save the city money to see what exactly what is wrong with it. Schmoker stated that the ponds can generate enough correct and that the city could last a few days without it. Gile commented no, a few hour’s tops not days. There are a lot of factors at that time to consider and he feels there is only a two hour lee way between the lift station and tower, Schmoker then asked how many times have they had to do that and Gile commented at least 5 or more since receiving the generator and it did the job. Lee asked if council is ok with the in house tearing apart all agreed but Pavelka wants a more professional fix. Some discussion occurred.

MOTION BY HAGER SECOND BY SCHMOKER TO HAVE THE PUBLIC WORKS DEPARTMENT TEAR IT APART AND SEE IF IT IS AT LEAST FIXABLE AND REPORT BACK TO COUNCIL. AYES: SCHMOKER, HAGER, BROADWATER AND LEE. NAY: PAVELKA. MOTION CARRIED.

PARK / GYM /STREETS REPORT:

Leonhardt was present and discussed the sidewalks with council, stating that the residents are not salting after they sweep and different members of council have stated conflicting orders to Leonhardt as to how to care for them and after listening to them he and Schuler conferring with the city attorney. It is his opinion that it is very clear in the ordinances just adopted that it is the owners responsibility to clear all snow and ice and that because the city has taken on the sweeping have assumed 50% of the responsibility and it could not recoup the monies in fines if they don’t salt because of that it could possibly be a long and costly court battle. Hager asked if this is a new practice and Lee stated no he did that last year also. Council had made the decision to sweep them now the city must assume the responsibility of salting them as well, and Pavelka agreed for he stated that to Leonhardt earlier. Lee asked how long it took to salt and Leonhardt stated over an hour with two people, paying Danckwart’s time as well. Leonhardt commented that it costs over $200.00 a time in product alone for he had to purchase more himself. Hager stated that he feels that we need to keep a running total of the year for budgeting purposes next year if the city is going to keep doing this service. Leonhardt then commented that the brushes are about shot on the broom again and he received some cost estimates of about $650.00 just for the bristles stating the last time we replaced them was the 2010-2011 season. Lee asked if he can finish out this season with what he has and he Leonhardt commented that all depends on the rest of the season probably not. Hager asked where we are standing this year in costs compared to last year and Leonhardt stated that last year was very mild and that it is comparable to two years ago a quite a bit. Hager then asked budget wise how are we standing and Lee stated that the sand is breaking us for the first bill was over $2400.00, Hager then asked what was budgeted for and Schuler did not have the figures in front of her stating that the budget remains the same as last year and for them to look at that for they have not changed as a council anything this year. Lee reminded Hager that the city receives $2780.00 from the county to help offset their number. Hager then stated to Leonhardt that he appreciates the job they have done knowing that it is a lot of work, and keeping the streets clear and for safety reasons feels that they are doing a good job. Pavelka asked if would be better to order the steel ones and Leonhardt agreed but stated that they are double in price.

MOTION BY BROADWATER SECOND BY HAGER TO HAVE LEONHARDT ORDER THE NEW BRISTLES FOR THE BROOM. AYES: ALL. MOTION CARRIED.

Leonhardt then discussed with council the issue with the Hairhuts water running off their roof across the sidewalk and freezing stating that he did talk to the owner and she feels that it is not only her roof that is the problem. Pavelka asked if she has heat tape and Leonhardt commented that the city’s does not hers. We have dealt with this for years now and that the city fixed their problem with the awning and eaves. Some discussion occurred. Council directed Schuler to contact the city attorney and send her a letter, to address the issue.

Leonhardt then asked for him and Gile to attend a class offered by Wabasha soil/DNR concerning trees at a cost of $10.00.

MOTION BY SCHMOKER SECOND BY PAVELKA TO SEND THE TWO TO THE CLASS IN MARCH AT A COST OF $10.00 EACH. AYES: ALL. MOTION CARRIED.

P.C. COMMITTEE:

No Report

CONSENT AGENDA:

Schmoker asked Lee for clarification in the minutes in his comments of Hager’s discussion of the agenda. A lot of discussion on the present agenda was discussed. Hager then asked about the rules of order and the need he feels to change the agenda to fit the meetings. Hager then asked about procedure and Lee tried to explain to him how the present agenda has been set for years, and that the political procedure is adopted every year at the first meeting of the year. Hager felt this was code of conduct not policy and procedure and rules of order. Broadwater commented that he felt that Hager is trying to make something that bigger communities use not cities the size of Kellogg and feels that if changed they would be there for hours. Hager disagreed and feels that the council needs a written procedure; Lee asked him if he wanted to write one and present it to council and Hager commented not really for it’s a lot of work. Lee commented that he has been involved with the city for some 30 years and that this has always worked and it has been moving right along and now he wants to make big changes. Hager then stated that he would take Lee’s advise and he will work on the agenda for him and Lee stated that then he needs to present it to council to see if that’s what they want to use. After much more discussion the minutes were approved.

MOTION BY PAVELKA SECOND BY BROADWATER TO APPROVE THE MINUTES FROM THE REGULAR COUNCIL MEETING ON 1-23-13 AYES: ALL MOTION CARRIED.

MOTION BY SCHMOKER SECOND BY PAVELKA TO APPROVE THE ACCOUNTS PAYABLE WITH CHECK NUMBERS: 94142-94180. AYES: ALL. MOTION CARRIED.

OTHER BUSINESS:

Schuler reminded council that they need to set a date for the public hearing in relation to the tabled item of the vacation of the alley located in Block 4, Pawselim’s addition as submitted by the church. After some discussion a date and time were set for the 13th of March, 2013 starting at 6:00PM before the regularly scheduled council meeting.

Schuler then commented that the final audit presentation will be on March 27th, 2013 a regular council meeting, the date was set for Lee who was having surgery and won’t be back until then and he wanted to be present. Also a pre audit meeting will be scheduled as in past years and two council members are able to attend that and when Schuler gets the date she will email all and see which tow will attend stating that Hager for sure should for this is his first audit and it will help him understand it more and be able to ask any question of them he would like. Schuler then stated that she was able to get a copy of the open meeting law presentation that the league offered and emailed it to all of council for she thought it was valuable information for everyone.

COUNCIL ADDRESSE’S:

Rick Engstrom was present from WHKS to discuss and give council the bid specifications on the three projects and explained that he would like to do this in three separate bid documents encouraging independent local contractors to bid these projects. Engstrom explained that he would if approved by council place out for bids through WHKS the 2013 Seal Coating project, and then have Schuler place an ad in the local newspaper for the crack sealing and patching which are substantially smaller projects. Engstrom would like to place a bid opening date on Wed. March 13th at 2:00 PM in the city office. There was some discussion on pushing that date because of the mayor’s upcoming absence but it was decided that the date presented would be fine. Schmoker had some questions of completion dates for Engstrom and he replied that they are looking at in the specs that Patching and seal coating would take place prior to June 1st, 2013 and that the chip sealing would be from June 1-August 15 to be completed with sweeping at the end of August. Schmoker’s concern was the Watermelon fest if it goes over in time with torn up streets and Broadwater commented that there will not be any torn up streets to begin with, because of the oil and chips. Schmoker then asked how many spots that this is going to patch or if it goes by a certain amount? Engstrom replied that it goes by square yards and that is why he and Leonhardt drove the streets was to determine to the best of their ability the amount needed. When the time comes they will again drive the streets and mark the spots out for the company for quantity purposes. Schmoker then commented that this is not something that the bid comes in at $10,000 and ends up $30,000.00 and Engstrom replied no that there is even a statement in the bid that the contractor can not go over the amount in the bid either by material or cost. Hager then asked if this all had to be approved tonight because he feels that it is a lot to go over here in a very short time. Schmoker commented that it doesn’t have to be but if we want to get the bids out and received in a timely fashion they should also commented that the city has the right to reject any and all bids. The engineer agreed. Engstrom then stated that they can approve the specs and if the council felt that there was a change of any kind needed that they could file an addendum at any time to the specs.

MOTION BY SCHMOKER SECOND BY PAVELKA TO ACCEPT THE BIDS SPECS AND BEGIN THE PROCESS. AYES: ALL. MOTION CARRIED.

Mike Bubany the city’s financial advisor was present to discuss the funding as presented last year in the public hearings. Bubany was present a year ago discussing the project and what they discussed at that time in the public hearing was the authority of the city to borrow money and the processes involved and because the city was not using special assessments to the land owners the only authority the city would have is to street reconstruction authority, and what we had to do was hold a public hearing and design a couple page, 5 (five) year plan and only entailed this one project, we had to wait thirty days to see if the citizens wanted to block this with a petition and when no petition was received, that allowed the city to execute the bonds under that authority and make the payments and are limited to the $130,000.00 that’s all you have to work with if you exceed that you would have to use cash reserves to cover it or hold another public hearing and adopt a new plan which means more time and money is involved and would advise against that.