CITY COUNCIL

7:00 P.M.May 1, 2006

Present:Robert H. KindAbsent: David Gustafson, excused

James P. Kelly

Pat Kelley

Richard DeRosier

Tom Smith, City Administrator

Wayne G. Johnson, City Attorney

Also attending: Rob McCready, Gary Weimar, Wayne Billings, Paul and Lisa Michalski, about 14 school patrol members and 15 parents

Mayor Kind called the meeting to order at 7:00 p.m.

SCHOOL SAFETY PATROL – Officer Gary Weimar conducted a swearing-in ceremony and presented badges to members of the Kelley School Patrol.

MINUTES – Motion P. Kelley, second J. Kelly to approve minutes of the April 17 Council meeting as prepared. THE MOTION CARRIED

TREASURER’S REPORT for February – Tabled until next meeting.

PETITIONS, REQUESTS, & COMMUNICATIONS

METRO PLAINS DEVELOPMENT – Mr. Rob McCready, Metro Plains Development, was present regarding development of the Bell Apartment site, costs for development of rental housing townhomes and sources of funding for such a project. He stated a market housing study was needed for the initial purpose of MN H.F.A. Financing, asked that the City pay for 50% of the cost of such a study, and explained the City would then own the study whether or not this specific project was done by Metro Plains or any other developer. Discussion followed on application deadlines, IRR funding, etc.

Motion J. Kelly, second P. Kelley to approve up to $4,000 for a housing market study with Metro Plains Development conditional on the proper feedback from the City Administrator on the validity of the corporation. THE MOTION CARRIED

Mr. Smith said the IRR had requested that the City rescind Res. 2006-#8 (application for grant for remediation of hazardous materials at Bell Apt. site) and replace it with another resolution which would include language regarding redevelopment of the site for housing use, including assisted living services.

Motion J. Kelly, second P. Kelley to rescind Resolution 2006-#8 and to replace it by adopting Resolution 2006-#18, Application for IRR Grant Funds for Demolition, Removal of Hazardous Waste for the Purpose of Redeveloping the Bell Circle Apartment Site for New Housing Development.

Roll call vote: Member J. Kelly – aye Member P. Kelley – aye

Member DeRosier – aye Mayor Kind – aye

Absent for vote: Member Gustafson

THE RESOLUTION WAS ADOPTED

REQUEST TO DESIGNATE SIGNATOR FOR DEFERRED COMPENSATION PLANS – Gary Zinter, Thrivent Financial, has requested the City authorize the City Administrator to sign off on deferred compensation plans for the City.

Motion P. Kelley, second J. Kelly to appoint the Silver Bay City Administrator to sign off on deferred compensation plans for the City of Silver Bay.

THE MOTION CARRIED

LETTER FROM COUNTY ENGINEER REQUESTING RESOLUTION OF SUPPORT for the proposed constitutional MVST amendment to be placed on the November 2006 ballot. The amendment would dedicate the tax on the sale of new and used vehicles as follows: at least 40% of the revenue for public transit assistance and no more than 60% of the revenue for highway purposes. Council discussed whether or not to support this resolution as written or to add language addressing how the State would replace these dollars which currently go into the general fund. They decided to support the resolution as written.

Motion J. Kelly, second P. Kelley to adopt Resolution 2006-#19, Supporting a Constitutional Amendment to the Minnesota Constitution.

Roll call vote: Member J. Kelly – aye Member P. Kelley – aye

Member DeRosier – aye Mayor Kind – aye

Absent for vote: Member Gustafson

THE RESOLUTION WAS ADOPTED

RESIGNATION OF FRANK REDFIELD - Motion J. Kelly, second P. Kelley to accept the resignation of Frank Redfield from the police department with regret. Mr. Redfield’s last day of work will be May 31.

THE MOTION CARRIED

DEPARTMENTS – CITY ATTORNEY – MARY MACDONALD LEASE - Motion J. Kelly, second P. Kelley to approve the renewal of the lease with Buckley Tech for space at Mary MacDonald Center.

THE MOTION CARRIED

OLD BUSINESS

SET TASK FORCE COMMITTEE TO REVIEW/ANALYZE POLICE SERVICES – There was lengthy discussion regarding the need for a task force, whether or not the timing was right for such a study, what the duties of the task force would be, the length of time the task force would be operative, rumors circulating that the police force was to be disbanded, and having services provided by the County Sheriff’s Department. Member J. Kelly felt it was Council’s duty to evaluate the services provided by the police department in order to determine what services the citizens wanted. He suggested the task force should gather data on what the existing force does and whether or not the work could be done differently. If citizens did not support any changes, the task force could look at whether or not another entity could provide the same service at a lower cost. Council discussed the size of the task force and suggested including 3 persons from service organizations and 2 city staff. It was suggested the task force should exist for no more than 90 days.

Motion J. Kelly, second P. Kelley to set up a task force of at least 5, but no more than 8, persons to gather information regarding police services. THE MOTION CARRIED

MARY MACDONALD CENTER—BUILDING ASSESSMENT/BUILDING MANAGEMENT—SET COMMITTEE – Member J. Kelly suggested having one building tenant and one area resident on the committee for Mary MacDonald Center building assessment/building management. Member P. Kelley will develop the scope of work for a building manager.

TWIN PORTS TESTING TRAILER – Mr. Smith reported he had talked to Twin Ports Testing who are conducting tests at the Mobil fueling site on Outer Drive. They will present a written report on their findings to the City after they have talked to the owner of the site.

POLICE DEPARTMENT FULLTIME VACANCY - Motion J. Kelly, second P. Kelley to authorize the City Administrator to post the position of fulltime police officer.

THE MOTION CARRIED

Council asked Police Chief Billings to present a list of three candidates for part time police officer to Council at its May 15 meeting.

CLAIMS - Motion J. Kelly, second P. Kelley to approve payment of $26,201.95 unpaid claims and $176,509.78 paid claims as presented. THE MOTION CARRIED

Mayor Kind announced the meeting would be closed at 8:50 p.m. for preliminary consideration of a potential statutory violation.

The meeting returned to open session at 9:04 p.m.

Motion DeRosier, second J. Kelly to adjourn at 9:07 p.m. THE MOTION CARRIED

Minutes taken by Betty Oslund

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Robert H. Kind, MayorTom Smith, City Administrator