12631
CITY COUNCIL
7:00 P.M. May 16, 2016
Present: Scott M. Johnson
Carlene Perfetto Dustin Goutermont – excused
Shane Hoff
Richard DeRosier
Lana Fralich, City Administrator
Pete Morris, City Attorney
Doug Frericks, Police Chief
Mike Phefferle, Platt Development Corporation
Ken Vogel, Lake County News Chronicle
Kitty Mayo, North Shore Journal
Faron Meeks, Wade LeBlanc, Brian and Theresa Zupanich
Mayor Johnson called the meeting to order at 7:00 p.m.
Agenda – Full time Police Patrolman was added to new business. Motion by Perfetto, second DeRosier to approve the agenda as amended. MOTION CARRIED.
Consent Agenda – Motion by Hoff, second Perfetto to approve the minutes of the May 2 regular Council meeting, the May 11 special meeting and the March 2016 Treasurer’s Report. MOTION CARRIED.
Petitions, Requests and Communications
IRRRB RAMS Public Meeting – It was noted that a Recharging the Range meeting will be held on June 6 in Chisholm.
City Administrator
Resolution 2016-26 – The Council reviewed the discussion from the May 11 meeting and e-mails from Platt Development Corporation regarding use restrictions for the eco-park, for competitive businesses that the Dollar General Corp. is requiring for this development. It was noted that this revised resolution has a liability release and a termination agreement, as discussed at the Special Council Meeting on May 11. There was discussion about whether or not this action would set a precedence for other businesses in the Eco-Park, and Morris gave his opinion that this agreement sets no legal precedence. Meeks and B. Zupanich spoke about no other business in town having restrictive business agreements, how this new business might affect existing businesses, and encouraged Council to oppose the Resolution. LeBlanc spoke in opposition of the restrictive clause and providing no special treatment to businesses. Motion by DeRosier, second Hoff to adopt Resolution 2016-26, amending the commercial purchase agreement with Golden Warriors LLC or assigns for the purchase of Lot 6, Block 2 of the business park plat, subject to DGI LLC signing the release of claims presented by the City.
Member Perfetto – nay Member Hoff – nay
Member DeRosier – aye Mayor Johnson – aye
Member Goutermont – absent
RESOLUTION 2016-26 WAS NOT ADOPTED 2 aye, 2 nay, 1 absent
Seasonal Employment – The Council reviewed the summer recreation swim program. Motion by Perfetto, second DeRosier to approve hiring Megan Billings, WSI Instructor at $10.25 per hour, Sydney Topp, Lifeguard at $9.50 per hour and Marty Duchscher, swim instructor at $9.00. MOTION CARRIED.
Resolution 2016-27 – The Council reviewed an amendment for additional sidewalk replacement along Banks Blvd, for $9,621.51, for a total project cost of $43,976.95. There was discussion about the budget for this project and the use of reserves. Motion by Perfetto, second Hoff to adopt Resolution 2016-27, amending of contract to VanHouse Construction for the 2016 sidewalk replacement project.
Member Perfetto – aye Member Hoff – aye
Member DeRosier – aye Mayor Johnson – aye
Member Goutermont – absent
RESOLUTION 2016-27 WAS ADOPTED 4 aye, 0 nay, 1 absent
Mary MacDonald Management Contract – The Mary MacDonald Building Committee recommends approval of this contract, and it was noted that there are no changes from the previous contract, except that this contract is from July 1, 2016 until December 31, 2017. Motion by Hoff, second DeRosier to approve a Mary MacDonald Management Contract with Juel Salveson. MOTION CARRIED.
Summer Recreation Schedule and Fees – The Parks and Recreation Board recommends approval of the schedule and fees. Motion by Perfetto, second Hoff to approve the 2016 Summer Recreation Schedule and Fees. MOTION CARRIED.
City Attorney
City Code – Morris and Chief Frericks reviewed a proposal regarding adding a section to the Code to address disruptive intoxication, reviewed a fee schedule for administrative penalties, reviewed Code Section 500 and reviewed the discussion from the May 2 meeting. It was noted that the penalty for this proposal would be a petty misdemeanor. Motion by DeRosier, second Hoff to move forward with a disruptive intoxication amendment to the City Code. Hoff, DeRosier and Johnson voted aye, Perfetto voted nay MOTION CARRIED.
OLD BUSINESS – No old business was presented.
NEW BUSINESS
Resolution 2016-28 – The Council reviewed a memo from RAMS in support of Senator Bakk’s bill for reorganization of the IRRRB. Motion by Perfetto, second Hoff to adopt Resolution 2016-28, in support of Senate File #3582, relating to the reorganization of the IRRRB.
Member Perfetto – aye Member Hoff – aye
Member DeRosier – aye Mayor Johnson – aye
Member Goutermont – absent
RESOLUTION 2016-28 WAS ADOPTED 4 aye, 0 nay, 1 absent
Resolution 2016-29 – The Council reviewed an amendment to the lease for the Black Beach Park, which extends the lease from a 10 year period, to a 20 year period. It was noted that some grant funding sources recommended a longer lease term for their funding. The MN DNR and Northshore Mining have already approved the amendment. Motion by Hoff, second DeRosier to adopt Resolution 2016-29, amending a recreational lease agreement with Northshore Mining Company.
Member Perfetto – aye Member Hoff – aye
Member DeRosier – aye Mayor Johnson – aye
Member Goutermont – absent
RESOLUTION 2016-26 WAS ADOPTED 4 aye, 0 nay, 1 absent
Full-Time Police Patrolman – The Council reviewed a resignation from Officer Leibel as full-time patrolman as of May 28, and noted that he is willing to continue as a part-time patrolman. The Council thanked Leibel for his service to the City. Motion by Perfetto, second DeRosier to accept the resignation of Andrew Leibel as Full-Time Patrolman, effective May 28, and to hire Andrew Leibel as a Part-Time patrolman, effective May 28, at the part-time wage rate, and to advertise for the position of Full-Time Police Patrolman. MOTION CARRIED. Chief Frericks reviewed the ‘Cop for a Day’ program, for high school seniors that was recently conducted.
Claims – There was discussion about one claim on the unpaid claims list. Motion by Perfetto, second Hoff to approve payment of $76,650.04 paid claims, and $61,704.52 in unpaid claims. MOTION CARRIED.
Motion by Perfetto, second Hoff to adjourn at 7:48 p.m. MOTION CARRIED.
Minutes taken by Lance K Beachem
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Scott M Johnson, Mayor Lana Fralich, City Administrator