MINUTES
REGULAR CITY COUNCIL MEETING
NOVEMBER 24, 2004
Mayor Jeff Thompson called the meeting to order at 6:00 p.m. Council members present were Harlan Beek, Dennis Zimmerman, Dave Peschong and Jean Soine. Others present were Steve Helget, City Administrator; Jennifer Welling, City Secretary; Ron Mergen, Public Works Director; Pete Carlson, SEH; Bonnie Jo Hanson, Paynesville Press; Alice Nyhlen, Cable Coordinator; City Attorney, Bill Spooner; Jim Freilinger, Fire Chief; Tom Lindquist, Jeff Bertram, Kent Kortlever, Chief of Police, and Keith Hemmesch, CenterPoint Energy Minnegasco.
The Pledge of Allegiance was recited.
Keith Hemmesch of CenterPoint Energy Minnegasco presented the Paynesville Fire Department Chief, Jim Freilinger with a grant check in the amount of $2,500.00. This money will be used for equipment.
Thompson reviewed the Consent Agenda items that included a motion to approve the minutes from the following meetings November 15, 2004 Special City Council, November 10, 2004 Regular City Council, November 10, 2004 Certify Past Due Bills Public Hearing, November 10, 2004 Ridgeview 6th Addition Final Assessment Public Hearing, November 10, 2004 Brossard Variance Public Hearing, October 18, 2004 Human Rights Commission, October 19, 2004 EDAP Board, October 19, 2004 Ad Hoc Aquatic Park, October 13, 2004 Airport Commission, August 23, 2004 Safety Committee, July 14, 2004 Airport Commission, June 16, 2004 Ad Hoc Aquatic Park Committee, June 8, 2004 CAEERC, May 19, 2004 Ad Hoc Aquatic Park Committee (Joint Meeting), and April 7, 2004 Ad Hoc Aquatic Park Committee.
A motion to approve vouchers #66525, #66602 - #66648 totaling $142,715.91, void vouchers #66526 & #66556 - #66582. Payroll vouchers #66527 - #66555 equaling $22,876.29, void #66547 - #66550. ACH on 11-11-04 for Federal Withholding in the amount of $5,241.28 and on 11-11-04 for State Withholding totaling $941.74.
Motion to approve payment to Safe Assure Consultants, Inc. in the amount of $4,304.00 for 2005 Safety Training.
Motion was made by Peschong to approve the Consent Agenda. Seconded by Zimmerman and unanimously carried.
AD HOC ENHANCEMENT COMMITTEE
Helget explained that the EDAP Board has recently taken on a project through Hometown Minnesota of promoting and revitalizing the downtown. This was also brought up to the Chamber of Commerce. Calls have been made to get interest in the committee and their first meeting was held on November 16, 2004. The proposed Committee members are:
Bob & Kay McDaniel Tory Tish Paul Bugbee Chris Stanley
Rachel Gilbertson Doris Wendlandt Jean Soine Steven Helget
Motion was made by Beek to create an Ad Hoc Enhancement Committee and appoint Bob & Kay McDaniel, Tory Tish, Paul Bugbee, Chris Stanley, Rachel Gilbertson, Doris Wendlandt, Jean Soine, and Steven Helget to the Committee, effective 11-24-04. Seconded by Zimmerman and unanimously carried.
TAXES DUE TO TOWNSHIP ON ANNEXATION AGREEMENTS
According to our Orderly Annexation Agreements with Paynesville Township the City is to reimburse the township 90% of the base tax payable to the township at the time of annexation the first year after annexation, 70% the second year, 50% the third year, 30% the fourth year and 10% the fifth year.
A schedule showing the payments due was presented. This schedule included Project 55, Wilglo Acres, Michaelis-Olmscheid, Ampe Morningside Plat Two and the Airport property.
Helget noted that the Minnie Street property was not included, but payments will begin next year.
Motion was made by Zimmerman to pay Paynesville Township $7,228.64 for the 2004 taxes due for the annexed properties. Seconded by Soine and unanimously carried.
PAYNESVILLE MUNICIPAL AIRPORT
Carlson reviewed his letter from June 22, 2004 in regards to additional fees for full-time construction inspection at the Paynesville Municipal Airport. It is required by MnDOT Aviation that an inspector is on site full-time during construction. Initially, it was agreed by the City and SEH that the same inspector would be utilized on the Lake Ave. project and the Airport project. However, Lake Ave. started earlier and was completed prior to the Airport project being started. Full-time inspection was provided. However, taken into consideration was Dave Olsen’s time and that was deducted. This amount of $19,019.25 is eligible for grant reimbursement at 80:20 cost share.
Helget added that the Airport Commission has reviewed this and recommends approval. This is being presented to you now because the Airport Commission wanted the punch list items to be completed and done to satisfaction prior to payment being approved.
Motion was made by Peschong to approve payment of $19,019.25, payable to SEH for full-time construction inspection at the Paynesville Municipal Airport. Seconded by Zimmerman and unanimously carried.
Helget recommended the City Council schedule a Special – Closed City Council Meeting for December 1, 2004 at 5:45 p.m. (prior to the Truth In Taxation Public Hearing) to discuss ongoing litigation regarding land condemnation for the Paynesville Municipal Airport, specifically the Windstrom property.
Motion was made by Beek to set a Special – Closed City Council Meeting for December 1, 2004 at 5:45 p.m. (prior to the Truth In Taxation Public Hearing) to discuss ongoing litigation regarding land condemnation for the Paynesville Municipal Airport, specifically the Windstrom property. Seconded by Soine and unanimously carried.
2004 STREET IMPROVEMENT PROJECT
Helget suggested paying the 2004 Street Improvement assessments for the City Shop, the Retention Pond on Railroad ST, the BMX Park, and the Water Filtration Plant.
Motion was made by Zimmerman to transfer $3,162.27 from the Street Capital Improvement Fund to the 2004 Improvement Debt Fund for the City Shop assessments. Seconded by Soine and unanimously carried.
Motion was made by Soine to transfer $14,679.70 from the Street Capital Improvement Fund to the 2004 Improvement Debt Fund for the Retention Pond assessments. Seconded by Peschong and unanimously carried.
Motion was made by Peschong to transfer $519.44 from the Water Capital Improvement Fund to the 2004 Improvement Debt Fund for the Water Filtration Plant assessments. Seconded by Beek and unanimously carried.
Motion was mad by Beek to transfer $3,181.14 from the Water Capital Improvement Fund to the 2004 Improvement Debt Fund for the BMX Park assessments. Seconded by Zimmerman and unanimously carried.
POLICE DEPARTMENT – POLICY ON IMPOUND & TOWING OF VEHICLES
Kent Kortlever, Chief of Police presented the Policy on Impound & Towing of Vehicles. He noted the change to the Policy that vehicles in violation of the Snow Parking Ordinance would not have items inside them inventoried.
Motion was made by Zimmerman to approve the Police Department Policy on Impound & Towing of Vehicles. Seconded by Soine and unanimously carried.
KORONIS RECREATIONAL TRAIL
Helget presented the Paynesville Area Trail Joint Powers Agreement. This Agreement covers two sections of the trail; those being from the intersection of Hwy. 55 and Burr St. to Old Lake Road and from the intersection of Hwy 23 and Main St. to Airport Road. The Agreement states that the project shall be financed 75% by the City and 25% by the Township with maintenance costs split 62% and 38% respectively.
There was a lengthy discussion regarding the Termination section of the Agreement.
Peschong stated that a financial penalty should be added. What is to stop either party from getting out? Spooner responded that the intent is to work together on this project; however, we don’t know ones motivation and there is a risk and concern. There is an ability to get out easy.
Peschong added that membership of Boards change and it would be as easy as sending a letter and the Agreement is terminated.
Peschong asked Bertram what the annual maintenance costs would be? Bertram asked why put in a termination clause at all? This is no different than a roadway in the City or Township. The maintenance cost is minimal; however it is a cost. He suggested not allowing a termination.
Spooner suggested language that neither party could withdraw unless there is a mutual agreement between both parties.
Peschong agreed with Bertram. Zimmerman also agreed and felt comfortable that both parties must agree to terminate, this protects both sides.
The Council consented to make the noted changes and then give the Agreement to Paynesville Township for consideration.
Bertram reported on the easement negotiations with property owners and suggested to getting something in writing from each of the land owners regarding their approval of the easement for the trail.
Zimmerman confirmed that this would be a written “statement of understanding” to be signed by the Board Chairperson and landowner.
Spooner agreed to review the letters.
INFORMATIONAL
Thompson reviewed the Informational items that included, West Central Sanitation November Garbage Rates, Lake Koronis Recreational Trail Letter, Municipal Planning – Spooner’s Interpretation, December Meeting Schedule, Erosion, Stormwater and Shoreland Training, October Fund Balances, Leadership Conference For Experienced Officials – January 28 -29 St. Louis Park, Tri-CAP Thank you, and CenterPoint Energy Minnegasco Letter.
Thompson reported on the Walk A Mile Program (City exchange with Brooklyn Center). He asked each participant to report:
· Kortlever – met with their Chief of Police, toured physical fitness center, they have 65 personnel in the Police Department most frequent calls are for auto theft, burglary, and prostitution.
· Mergen – met with Public Works Department (40 persons in maintenance department) and City Engineer (7 persons in engineering department), and reviewed department policies.
· Soine – they will have an all woman Council next year, beautiful Council Chambers, they get numerous grants to help with everything.
· Helget – they have a large staff of 150 employees, they have an Assistant City Manager. The City is in a re-developing stage, they seem to be professionals in eminent domain. They have a numerous number of TIF Districts. The City has a 12-13 million dollar budget.
· Thompson – the day was very interesting and he came away with some new ideas. Brooklyn Center will be here visiting on Wednesday, December 8, 2004.
There being no further business, Thompson adjourned the Regular City Council meeting at 6:53 p.m.
Steven Helget, City Administrator