REGULAR PINE RIVER CITY COUNCIL MEETING, TUES. FEB 10, 2015 6:00 P.M.
Pursuant to due call and notice thereof, the Pine River City Council met in regular session on Tuesday, February 10, 2015 at 6:00 p.m. Said meeting was held in council chambers in said City.
CALL TO ORDER: Meeting was called to order by Mayor Hansen.
ROLL CALL: Present: Tony DeSanto, Troy Gregory, Patty Melby, Tammy Hamilton, Tamara Hansen
Absent: None
OTHERS PRESENT: Bryan Drown, Paul Sand, Nate Sauvageau, Travis Grimler, Terri Dabill, Kevin Kleiner, Ted Lundrigan.
CONSENT CALENDAR: Hamilton motioned, Desanto seconded to approve the consent calendar as presented, the minutes of 1/13/15, and the issuance of checks as follows;
City Account- Cks#46114-46192$134,675.06
Comm Police- Cks #1140-1141 1,121.00
Airport Fuel-Credit Card Fees 53.77
Library-Cks 1310 442.10
Revolving Loan- Ck 7044 4,600.00 Total All: $140,891.93
All voted aye. Carried.
OPEN FORUM: No one present wishing to be heard at this time.
POLICE DEPT: Chief Paul Sand present. Reports 91 calls which include 19 medicals and 11 traffic citations.
LIGHTENING STRIKE: Chief Sand reports that he has received a quote from Birchdale for $7,300 to repair the equipment from an apparent strike last year. He has been in touch with the insurance company and they will cover roughly 95% of this.
ECONOMIC DEVELOPMENT: Nathan Sauvageau present to update the council on recent activities Cass County Economic has been involved in.
CITY MAINTENANCE: PWD Hansen not present. Mayor Hansen gave the following report he had submitted;
WATER
- Water- Pumping is normal for this time of year
- 2 freeze ups but they were in crawl spaces
WASTEWATER
- Had 2 complaints, neither was the City responsibility
PARKS
- Rink is going steady by jerks, fighting warm weather and we are researching easy cheap ways to combat that. Otherwise it is getting used every night.
SHOP
- T-Mobile would like to add a microwave dish to Tower #1. We should look at their contract to make sure it is within the agreement.
- Finished renovations on the office
FIRE DEPT: Kevin Kleiner, Fire Chief present. Reports the following activities since the last meeting.
- 5 fire calls this year, 2 mutual aid with Pequot Lakes on the same day
- Township Meeting on January 15th went well. Thanked Mayor Hansen, Councilmember Hamilton and Clerk Mongan for their attendance at the meeting.
BUILDING INSPECTOR: Jeff Melberg not present.
HOUSING AUTHORITY: Alice Taylor not present. Clerk reports the house on Parker is coming along.
CITY ENGINEER: Bryan Drown present.
- Pay Estimate #4 for SRE. Drown is requesting approval for a payment in the amount of $85,384.85 to Eagle Construction. Floor has been poured and will need to cure for a month before placing equipment on it. Paving will be done in the spring and the building should be ready to occupy mid-March.
Hamilton Motioned, Melby seconded to approve payment request #4 in the amount of $85,384.85. All voted aye. Carried.
FIRST ST PROJECT: Drown reports the following resolutions are needed for State Aid for this project;
RESOLUTION 2-10-15-1
RESOLUTION FOR PARALLEL PARKING ONLY
WHEREAS, the City of Pine River has submitted to the Commissioner of Transportation the plans and specifications for the improvement of Norway Avenue from TH 371 to 1st Street
WHEREAS, state-aid funds will be expended on the improvement of this street, and
WHEREAS, the approved state aid standards as applicable to this project limit and restrict all parking to that which is parallel with the curb.
NOW, THEN , BE IT RESOLVED that said City of Pine River shall require that parking of all vehicles within the corporate limits on Norway Avenue, State Aid Route 202 be parallel with the curb in accordance with State Aid Standards.
RESOLUTION 2-10-15-2
RESOLUTION FOR PARALLEL PARKING ONLY
WHEREAS, the City of Pine River has submitted to the commissioner of Transportation the plans and specifications for the improvement of Park Ave from TH371 to 1st Street
WHEREAS, state-aid funds will be expended on the improvement of this street, and
WHEREAS, the approved state aid standards as applicable to this project limit and restrict all parking to that which is parallel with the curb.
NOW, THEN , BE IT RESOLVED that said City of Pine River shall require that parking of all vehicles within the corporate limits on Park Avenue, State Aid Route 202 be parallel with the curb in accordance with State Aid Standards.
RESOLUTION 2-10-15-3
RESOLUTION FOR PARALLEL PARKING ONLY
WHEREAS, the City of Pine River has submitted to the commissioner of Transportation the plans and specifications for the improvement of 1st Street from Norway Avenue to Park Avenue
WHEREAS, state-aid funds will be expended on the improvement of this street, and
WHEREAS, the approved state aid standards as applicable to this project limit and restrict all parking to that which is parallel with the curb.
NOW, THEN , BE IT RESOLVED that said City of Pine River shall require that parking of all vehicles within the corporate limits on 1st Street, State Aid Route 202 be parallel with the curb in accordance with State Aid Standards.
Desanto motioned, Gregory seconded to approve all three resolutions, 2-10-15-1, 2-10-15-2 and 2-10-15-3.
All voted aye. Carried.
RESOLUTION 2-10-15-4
RESOLUTION APPROVING COUNTY PROJECT WITHIN MUNICIAP CORPORATE LIMITS
WHEREAS, plans for Project No. S.A.P. 011-596-009 showing proposed alignment, profiles grades and cross-sections for the construction, reconstruction or improvement of County State-Aid Highway No. 202 within the limits of the City as a State Aid Project have been prepared and presented to the City.
NOW, THEREFORE, BE IT RESOLVED: That said plans be in all things approved.
Melby motioned, Desanto seconded to approve resolution 2-10-15-4. All voted aye Carried.
JOINT POWERS AGREEMENT: Drown reports that the City needs to adopt this which states that the City will sign the contract with the contractor, invoices will be sent to the County and the County will pay the contractor directly the funds they are responsible for. Hansen motioned, Melby seconded to approve this joint powers agreement. All voted aye. Carried.
County of Cass
JOINT POWERS AGREEMENT
This agreement is between the County of Cass 303 Minnesota Avenue West, P.O. Box 3000, Walker, MN 56484-3000 ("County") and the City of Pine River, PO Box 87, Pine River, MN 56474 (“City”).
Recitals
Under Minn. Stat. § 471.59, Subdivision 10, the political subdivisions of the State are empowered to engage collectively in such governmental activities as are otherwise permitted by themselves. The County and City declare the following:
- Each are statutorily authorized to construct and maintain the improvements contemplated by this agreement, and
- Each party represents that it is duly qualified and agrees to perform all services described in this agreement to the satisfaction of the other, and
- Each has received the approval of the Governing body to enter into this agreement.
Agreement
1.Scope of Improvements
1.1The City’s responsible improvements are the roadway improvements, including water, sanitary sewer and storm sewer, for parts of Kinler Avenue, Jefferson Avenue, 1st Street and 3rd Street. The City’s additional responsible improvements are water and sanitary sewer for parts of Park Avenue and Norway Avenue. The County’s responsible improvements are the roadway improvements, including storm sewer, for parts of Park Avenue, Norway Avenue and 1st Street.
2.Terms of Agreement
2.1Effective upon the date that both parties sign the agreement.
2.2Expires December 31, 2016 or until all obligations have been satisfactorily fulfilled, whichever occurs first (except any maintenance commitments are ongoing).
3.City Duties Related to Improvements Identified Above.
3.1To pay for the associated project development and engineering plan development costs for the roadway improvements, water, sanitary sewer and storm sewer work on Kinler Avenue, Jefferson Avenue and 1st Street as well as water and sanitary sewer on Park Avenue, Jefferson Avenue and 1st Street as shown on the project plans for project S.A.P. 011-596-009.
3.2To pay for the associated construction costs, including inspection costs, for the work described under Section 1.1 above.
3.3To maintain in perpetuity the water, sanitary and storm sewer.
3.4To communicate with private property owners affected by the project.
3.5To act as the lead agency and project manager for the joint project with respect to bidding, holding the contract, contract administration duties and contractor payments.
3.6To provide Cass County with pay voucher documents to request payment for the County’s share of said payments.
- County Duties Related to Improvements Identified Above.
4.1To pay for the associated project development and engineering plan development costs for the Park Avenue, Norway Avenue and 1st Street improvements as shown the project plans for project SAP 011-596-009.
4.2 To pay for the associated construction costs, including engineering inspection, for the Park Avenue, Norway Avenue and 1st Street improvements as shown the project plans for project SAP 011-596-009.
4.3To pay the City the requested pay voucher funds within 15 days of receipt of pay voucher documents.
Page 1 of 2
5.Additional Duties of Both Parties.
5.1To perform its obligations in accordance with all applicable federal, state, and local laws, ordinances, rules and regulations.
5.2To maintain adequate records for possible examination by the State, State Auditor, or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement.
5.3To indemnify, save, and hold each other, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred, arising from the performance of this agreement. This clause will not be construed to bar any legal remedies the parties may have to enforce obligations under this agreement.
- Assignment, Amendments, and Contract Complete
6.1Neither party may assign or transfer any rights or obligations under this agreement without the prior consent of the other.
6.2Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office.
6.3This agreement contains all negotiations and agreements between the County and the City. No other understanding regarding this agreement, whether written or oral, may be used to bind either party.
- Authorized Representatives
The County contact person the County Engineer or David Enblom (218) 547-7368.
The City contact person is the City Engineer or Bryan Drown, Bolton & Menk, Inc. (218) 825-0684.
Drown states that they will begin advertising for the project the beginning of March for April 2nd bid opening.
CITY ATTORNEY: Ted Lundrigan present. Reports that the County has begun converting to “e” charging. Everything will be filed electronically and filed at a Central Computer Brain. If this is required by the City and a lot of money has to be spent on computer equipment the City may have some decisions to make. Ted is apparently the last local prosecutor in Cass County.
ENTITLEMENT FUNDS TRANSFER: The City of Wheaton has a big project they are looking to do and would like the City of Pine River to transfer the city’s entitlement for 2015 to them. Discussion was held about the pros and cons of doing this. Ted had a concern about whether the City would be able to insure that they would be able to get this entitlement when they needed it. Drown stated that the City doesn’t lose it by transferring it in this fashion. Lundrigan stated that he felt it was okay then for the City to go ahead with the request from Wheaton.
DeSanto motioned, Hansen seconded to adopt the following resolution:
RESOLUTION 2-10-15-4
AGREEMENT FOR WAIVER, TRANSFER, AND REPAYMENT OFFEDERAL AIRPORT ENTITLEMENT FUNDS
THIS AGREEMENT is made and entered into this 10th day of February, 2015, by and between the City of Wheaton, a municipal corporation and political subdivision of the State of Minnesota (hereinafter “Wheaton”), and the City of Pine River, a municipal corporation and political subdivision of the State of Minnesota (hereinafter “Pine River”).
WHEREAS, Pine River is a sponsor of the Pine River Regional Airport; and
WHEREAS, Pine River is a recipient of Federal Aviation Administration Entitlement Funds; and
WHEREAS, Wheaton is a recipient of Federal Aviation Administration Entitlement Funds; and
WHEREAS, 49 U.S.C. §47117,subd.C (2) provides that a sponsor of an airport may make an agreement with the Secretary of Transportation waiving the sponsor’s claim to any part of the amount apportioned for the airport if the Secretary agrees to make the waived amount available for a grant for another public-use airport in the same state or geographical area as the airport; and
WHEREAS, Wheaton has requested Pine River to waive the receipt of and transfer $150,000 in Federal Aviation Administration Entitlement Funds for a project in fiscal year 2015; and
WHEREAS, Pine River agrees to waive the receipt of and to transfer 2012 Aviation Entitlement Funds in the amount of $150,000 to Wheaton pursuant to the regulation of the Federal Aviation Administration and upon the following conditions.
NOW, THEREFORE BE IT by the parties that:
- Pine River agrees to waive the receipt of and to transfer 2012 Federal Aviation Entitlement Funds in the amount of $150,000 to Wheaton.
- Pine River agrees that it will complete all documents and forms necessary to complete the waiver and transfer pursuant to 49 U.S.C.§47117.
- Wheaton hereby accepts the transfer and agrees to waive receipt of Federal Aviation Entitlement Funds as said Funds are made available by the Federal Administration in 2017, and to transfer those funds to Pine River.
- Wheaton agrees that it will complete all documents and forms necessary to complete the waiver and transfer pursuant to 49 U.S.C. §47117.
- In the event Wheaton does not receive a total of $150,000 of Federal Aviation Entitlement Funds in 2017 to waive receipt of and repay Pine River, Wheaton hereby agrees to waive the receipt of and to repay the $150,000, or balance not yet repaid, of Federal Aviation Entitlement Funds to Pine River in the year the first such Entitlement Funds become available to Wheaton.
- This Agreement shall be controlled by the laws of the State of Minnesota, and any action brought as a result of any claim, demand, or cause of action arising under the terms of this Agreement shall be brought in a an appropriate venue in the State of Minnesota.
NOW, THEREFORE,BE IT RESOLVED that the City of Wheaton and the City of Pine River hereby agree upon said terms of the Federal Aviation Entitlement Funds transfer and repayment.
All voted aye. Carried.
CITY CLERK’S DEPT: Mongan present Reports the following activities since the last meeting;
- Audit has been completed
- Annual Fire Contract meeting was held on the 15th of January
EMPLOYMENT RETENTION BENEFIT: Mongan reports that since it is not legal for the City to offer an insurance stipend she needs to amend the Personnel Policy to reflect that the amount received each month is for employee retention and not connected to insurance in any way. She would like to change the wording to “Employee Retention Benefit”. Motion by Hamilton seconded by Melby to make this change. All voted aye. Carried.
FIRE CONTRACTS: Hamilton motioned, Desanto seconded to approve the contracts with Barclay Twsp, Bull Moose, City of Chickamaw Beach, Gail Lake Twsp, Maple Township, Pine River Twsp, Ponto Lake Twsp, Walden Twsp and Wilson Twsp. All voted aye. Carried.
SEWER DISTRICT: Gary Siltman not present.
AIRPORT: Gary Gardiner not present.
UNFINISHED BUSINESS:
ALCOHOL POLICY CHANGES: The following changes are proposed:
Underage drinkers Minn. Stat. § 340A.503. It is unlawful for a person under 21 to consume, purchase or possess any alcoholic beverage. It is unlawful for anyone under 21 to enter a liquor establishment with the intent of being served alcohol. However, a person who is 18, 19 or 20 may enter an establishment for the following purposes:
• To perform work for the establishment, including the serving of alcoholic beverages. A city may NOT adopt an ordinance that prohibits this.
• To consume meals.
• To attend social functions that are held in a portion of the establishment where liquor is not sold. Minn. Stat. § 340A.412, subd. 10. Minn. Stat. § 181A.115.
No person under 18 may serve or sell intoxicating liquor in a retail intoxicating establishment. Generally, the Minnesota Child Labor Standards Act prohibits the employment of persons under 18 in rooms or areas in which intoxicating liquor or 3.2 malt liquor is sold or consumed. Lawful work by minors may be performed elsewhere on the premises of a liquor licensee, provided that the minor does not enter or work in a room in which liquor is sold or consumed. However, unless restricted by local ordinance, minors who have reached the age of 16 may be employed to provide musical entertainment or perform busing, dishwashing or hosting services in rooms or areas of a restaurant, hotel, motel or resort where the presence of intoxicating liquor or 3.2 malt liquor is incidental to food service or preparation.
SUSPENSION AND REVOCATION
1. The Council shall either suspend for a period not to exceed 60 days or revoke any liquor license upon finding that the licensee has failed to comply with any applicable statute, regulation or provision of this Chapter relating to liquor. Except in cases of lapse of proof of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to the Administrative Procedures Act, M. S. §§14.57 to 14.70, as it may be amended from time to time. The Council may act as the hearing body under that act, or it may contract with the Office of Hearing Examiners for a hearing officer.
2. The following are the minimum periods of suspension or revocation which shall be imposed by the Council for violations of the provisions of this Chapter or Chapter 340A of the Minnesota Statutes, as it may be amended from time to time or any rules promulgated under that Chapter as they may be amended from time to time. Revocations shall occur within 60 days following a violation for which the revocation is imposed.