APPROVED
REGULAR COUNCIL MEETING
11-13-13
Council Present: Lee, Pavelka, Hager, Broadwater, Schmoker
Others Present: Sue Schuler, Justin Leonhardt, Gary Gile, Dan Schmit, Jeremy Binner, Robert Schuler, Cynthia Novak, Scott Smith, John Wingert, Jessica Leonhardt, Tom Mosher, Sherone Mulry, Marlene Schouweiler, Maurice Anderson, Pat Halverson, Wendy Sattre, Eric Sattre, Chief Jim Warren, Brenik Lee, Angela Reinhardt, Wanda Lee, Joe Feils, Ken Baker
FIRE REPORT:
Arens was not present for he was at a mutual aid meeting. Schuler commented that they received a $50.00 donation from SEMA
MOTION BY PAVELKA SECOND BY HAGER TO ACCEPT THE $50.00 DONATION FROM SEMA FOR THE KFD. AYES: PAVELKA, HAGER, BROADWATER, AND LEE. SCHMOKER ABSTAINED. MOTION CARRIED.
Schuler then reminded all that the quarterly relief association meeting will be held on Tuesday November 19, 2013 starting at 7:00 PM at the Kellogg fire hall.
KLS REPORT:
Sealed bids were opened.
1.) Minnesota Mississippi River Parkway Commission Foundation Endowment in the amount of $58,899.00
2.) Binner properties LLC, in the amount of $30,000.00
Some discussion occurred and it was decided that they all needed time to read over the proposals, and to speak with mark Jarstad about the specifics, meaning if they can go into a closed session to discuss the offers or not. Few questions were asked and addressed. Council decided that the bids will be taken to the city attorney, and final decisions will be made on the December 11, 2013 council meeting. Lee will ask the attorney if the council can go into a closed meeting to discuss the bids and let the council know at the last meeting. Schmoker asked the two bidders if there bids were good for 30 (thirty) days and both commented yes. Schmoker then thanked them for their bids.
POLICE REPORT:
Chief Warren was present and briefly discussed the incident in the city and commented that Schuler did a great job with the EM plan and that all went very smoothly. He then stated that if anyone wanted anymore specifics that the case is closed and they can call or come to his office and he would answer any questions. He then stated that the police station has successfully moved to the new justice center and if anyone wanted a tour to call him, he commented also that the calling numbers will also be changing and that an article will be in the paper next week stating it all. He then talked briefly about the code red calling system and Schuler stated that she is working with Wabasha County and will get the link on the cities web site as well. Schmoker commented that he did not hear any complaints and thought everyone did a fine job. Hager then thanked Schuler for doing a good job. Warren then commented that the city of Wabasha signed the police contract and a copy was mailed to the city office and Schuler verified she received it.
WATER / SEWER REPORT:
Gile was present with no report and no questions from council.
Schuler presented the unpaid water sewer bills for assessment in 2014 in the amount of $5888.21.
MOTION BY SCHMOKER SECOND BY HAGER TO CERTIFY THE 2013 PAYABLE 2014 TAXES OF UNPAID WATER SEWER BILLS OF $150.00 OR MORE IN THE AMOUNT OF $5888.21. AYES: ALL. MOTION CARRIED.
KAFR REPORT:
No report
PARK / GYM /STREETS REPORT
Leonhardt asked council what they wanted done to the KLS complex in regards to the heat and water. Hager asked if we would be using the gym this winter and lee stated not at least until we know what the council decides on the 11th of December meeting.
Some discussion occurred. It was decided to turn the heat down to 50 degrees and leave the water service on. Schmoker then asked if the park bathrooms have been shut down yet and Leonhardt commented yes several weeks back.
P.C. COMMITTEE:
No Report
CONSENT AGENDA:
MOTION BY PAVELKA SECOND BY SCHMOKER TO APPROVE THE MINUTES FROM THE REGULAR COUNCIL MEETING ON 10-23-13, AYES: ALL. MOTION CARRIED
MOTION BY BROADWATER SECOND BY PAVELKA TO APPROVE THE ACCOUNTS PAYABLE WITH CHECK NUMBERS: 94686-94715 AYES: ALL MOTION CARRIED
OTHER BUSINESS:
Hager spoke about the citizen’s complaint asking if they fill it out and send it back to them and Schmoker stated no, we file it. Schuler stated that is the way it’s been done in the past. Schmoker then asked Halverson if he wanted a copy and Halverson commented that no that he had one. More discussion occurred. Lee stated that this has been dealt with already and moved on. Schuler asked what action council wanted taken, and Lee stated that it should be written that it was discussed and no action taken, and then filed.
Hager spoke of the city office responsibility involving the Hero’s memorial, stating that there was only discussion and the only motion made was to do the banking and that was all. Lee asked what they were doing and Schuler commented that Leonhardt has designed spread sheets on her computer that tracks all donations and memorials as discussed at the last meeting. Schuler then stated that Mr. Hager was upset with the fact that the discussion stated that it was only motioned for us to take in the monies and present bills payable to council not to do everything we have been, including it being on the city web site and brochures to mail to the city and call the city office with questions. Schuler commented that the office needs direction as to what to actually do here. Hager stated that council only agreed to be a collection entity that’s all. It’s the cities email on the brochure and it was only discussed and why isn’t the memorial committee on that instead. Pavelka commented that he will make the motion now. Schmoker asked why we needed a motion and Hager commented because it is a lot of work for our clerks. Schmoker believes that but stated that the last meeting it was discussed to do that. Hager feels that the committee needs to do all the work. Schuler commented that her concern would be that it is all supposed to be coming through the city for this anyways and if it is going through third parties it is harder to track. Lee agreed. Feils commented that the fact is the committee will be turning it all over to the city anyway for their park when it’s finished so it will be a city responsibility as discussed why not keep it this way for the monies are going to come to the city and the office is going to have to handle it all anyways just made sense and thought they had permission. Hager would like to see a flat rate charged back to the committee for time spent in the office although discussed it was not decided to do it that way. More discussion occurred.
MOTION BY PAVELKA SAECOND BY BROADWATER TO HAVE LEONHARDT TO CONTINUE TO MAKE THE SPREAD SHEETS AND KEEP TRACK OF ALL DONATIONS AND BRICKS AND PRESENTS ALL TO COUNCIL FOR ACCEPTANCE AND PAYABLES. AYES: ALL. MOTION CARRIED.
Leonhardt presented bricks and donations for the Hero’s memorial in the amount of $2350.00.
MOTION BY PAVELKA SECOND BY SCHMOKER TO ACCEPT THE DONATIONS TO THE HERO’S MEMORIAL IN THE AMOUNT OF $2350.00 AS PRESENTED. AYES: ALL. MOTION CARRIED.
Schmoker was next with issues of office hours, stating that someone brought in some missing items from the KLS and left them in the office and he asked Schuler who it was and she commented that she did not know for her and Leonhardt were at lunch at the café when they were returned. Schmoker would like to make a policy that the office should never be left open when they are gone. Schuler commented that the problem with that is they still come in through the bank, and people are used to it being open and drop things off on her desk. Schuler commented that the bank has no issue watching the office while they are gone to lunch or fire hall etc. And besides the glass door to the bank does not lock anyways and the doors do not close all the way. Schuler commented that when they go in town the doors are left open if the bank is, if the bank is closed or they go to Wabasha they always lock it. Some discussion occurred.
MOTION BY SCHMOKER SECOND BY HAGER TO HAVE THE BANK FIX THE LOCK ON THE GLASS DOOR, AND TO HAVE THE OFFICE LOCKED AT ALL TIMES WHEN THEY ARE GONE. AYES: ROLL CALL: SCHMOKER, YES, HAGER, YES, PAVELKA, NO, BROADWATER, NO, AND LEE, NO. MOTION DIED.
Schmoker then commented on the two semi’s that park on Dodge and Belvidere stating that it is blocking the line of traffic and is very hard to see at the intersection. Some discussion occurred and it was decided that if there is a problem and a council member sees them parked there they are to call the police and let them deal with it. Schmoker then stated that it probably be solved if someone would just tell them not to park there, and Lee commented that it is, 72 hour parking.
Schuler asked for permission for Hager to attend an upcoming Board of Appeal training to be held in Bloomington on November 19, 2013 in the amount of $20.00 plus expenses.
MOTION BY PAVELKA SECOND BY BROADWATER TO SEND HAGER TO THE BOARD OF APPEALS TRAINING IN BLOOMINGTON THE AMOUNT OF $20.00 PLUS EXPENSES. AYES: ALL. MOTION CARRIED.
Next on the agenda was the employee policies and procedures, Schuler referenced the letter from mark Jarstad and his suggested changes, Schuler commented that she made the suggested changes and highlighted them for council in the manual but did not change items #6, 9, or 11 for she feels that is a council decision. Schmoker feels that # 2 should remain the same and does not agree with Jarstad. Lee stated and it was decided for all members to take it home look it over and bring it to the next meeting to finish. No Motion was made but it was clearly decided to look it over and bring it back on the tabled items.
Schmoker then commented he looked at the tabled item of the sidewalk and feels that the sidewalks go nowhere and has no issue with them rocking them or placing grass there. Pavelka commented that the neighbors would have to be notified and if they want their sidewalk there is an issue. Hager asked if this is something the engineer should look into and Schmoker commented that no he did not want that expense. No decision made at this time.
Schmoker stated that it is his understanding that anytime we block a street off it must come through council for permission. Lee asked what he was talking about and Schmoker stated that last Friday Belvidere was blocked off and a house was shingled in the street, Lee stated that would be a permit and Schuler stated that no permit was filed she did speak to the assessors office for there is no house placed at that address it is one on a trailer that has not been placed on a foundation as of yet and it’s not something she can enforce with a permit. Schmoker asked how a street can be blocked off with our signs and Gile stated that he asked for the barricades after the house was moved into the street and was not going to get into it with them at that point, Gile felt it necessary for safety reasons to place them there. Lee asked whom Schmoker was speaking about and he stated John Wingert. Schmoker stated that he felt it a bad decision of the city office to allow it to happen. Schuler commented that she wished that Schmoker would have addressed this directly with Mr. Wingert when he was present and felt he then could have had his questions answered that she did not feel comfortable commenting on that. Regardless Schmoker felt it a poor decision for streets can’t be blocked off like that in case of emergency personnel that would need to be notified of the change in route. Schmoker asked what to do if it happens again and Schmoker stated that the police should be called to handle something like that. Lee stated that the best way to handle this is to send Mr. Wingert a letter and he will sign it. Schuler asked council what they wanted the letter to say. The letter should state, that he does not have the right to close any street without council approval. Schuler will draft the letter and have Lee sign it and mail it to Mr. Wingert. Next on the agenda is the meeting dates. The second meeting in December falls on Christmas, some discussion occurred.
MOTION BY PAVELKA SECOND BY SCHMOKER TO CHANGE THE DECEMBER MEETING FROM WEDNESDAY DECEMBER 25TH TO MONDAY DECEMBER 30TH AT THE SAME TIME. AYES: ALL. MOTION CARRIED.
Next was the budget workshop.
MOTION BY SCHMOKER SECOND BY HAGER TO HOLD THE BUDGET WORKSHOP ON SATURDAY DECEMBER 16, 2013 TO BE HELD AT 8:00 AM IN THE CITY OFFICE. AYES: ALL. MOTION CARRIED.
Schuler will post the necessary changes.
COUNCIL ADDRESSE’S:
Maurice Anderson whom lives at 300 S. Dodge Street in Kellogg. Mr. Anderson addressed the letter from the council in regards to the sidewalk sweeping and deicing. Mr. Anderson stated that he feels that this was a wonderful service the city provided and would like to see it revisited, for he is willing to pay a little extra for the service stating that the city has all the equipment to do this where he and other residents do not, and the fact that he is an older gentleman that cant or has a hard time shoveling. Hager commented that it is in the city of Kellogg codes and ordinances that it is the homeowner’s responsibility to manage and maintain their sidewalk. Lee stated that after speaking with the city attorney last year it was stated that if the city clears the snow they are also responsible for deicing, which became a substantial cost to the city. Schmoker commented that not all residents benefit from the service yet all tax payers are paying for. Lee thanked Mr. Anderson and commented that he will speak to the city attorney, and ask council again at another meeting if they want to revisit this. Next on the agenda was Cynthia Novak and her friend Scott Smith, Ms. Novak owns the pottery shop building located at 305 E. Sheppard Street in Kellogg. Mr. Scott spoke on the call he received from the clerk’s office in regards to the property lines between the old fire hall and the pottery shop, Smith commented that Novak owns the area in question and if she does she would like the roof drainage of the old fire hall to stop going on her property ruining it and if not she would like the city to pay the $3900.00 she spent to reroof, and repair the rafters. Some discussion occurred and again lee and Schuler will meet with the city attorney and bring this back to an upcoming meeting for more discussion. Meanwhile she will verify that it was correctly recorded at the county. She then spoke of the sidewalk repairs letter she received she asked council if she could remove the concrete and place dirt or crushed rock down instead stating that the Lions continue to pound staked through it to place the tent at festival which causes it to crack as well. Some Discussion occurred.