City Council meeting minutes, January 21, 2003

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Meeting date: Jan. 21, 2003 Meeting time: 7:00 p.m. Called to order by: Mayor Karla Davis Councilmembers present: Karla Davis, Wayne Mackereth, Andy Maus, DuWayne Orbeck and Mickey Fischer. Councilmembers absent: None. Others present: Tim Young, Jean Matua, Gary Grossinger, Brent Neisinger, Mary Spaulding, Neal Spaulding, Todd Rohloff, Paul Hoeschen, Rick Linn and Randy Sabart. Motion Maus/Fischer to approve the following items on the consent agenda: 1. To approve the Jan. 6, 2003 regular city Council meeting minutes as presented. 2. To approve the January 2003 claims as presented. 3. To approve Public Workers Worker Dan Dawson’s request to take the “Water Supply System Operator Class C” exam in St. Cloud on March 5th and the payment of the $32.00 exam fee. 4. To disconnect all delinquent City Utilities if not the major heat source. MUC OPEN FORUM: Paul Hoeschen, Water/Wastewater Contract Consultant introduced himself to the new Councilmembers. UNFINISHED BUSINESS: City Attorney Tim Young and City Engineer Randy Sabart reviewed the Hazel Ave. Project (CSAH 63). Areas addressed were: temporary and permanent easements/restoration/negotiations, funding by City (bonding and special assessments), County State Aid Funds, and Rural Development loan, County Agreement to be presented at the Feb 3 meeting by Assistant County Engineer Jodi Teich, final engineering estimate, review of plans and specifications by entities prior to bidding approval, possible June construction start date, Hazel Ave. being chosen first because it is a major traffic artery and the availability of County money with Magnus Johnson Street and Linden Ave. as the next future project, special assessments of 25% for water/sewer portion and 50% for street portion, special assessment rate of the street portion being high for a main traffic artery, future assessments, Capital Improvement Plan for entire City, and the need for more financial support from the County for street portion.     The City Attorney will proceed with sending the easement letters which will include restoration. Mayor Davis requested that the County provide a letter committing funding to this project. City Attorney Tim Young and Councilmember Maus reviewed the Willow Creek Concrete Annexation proposal and the cost for water/sewer installation to this site and the different types of Tax Increment Financing with Re-development TIF being for a longer period of time. Motion Maus/Fischer to authorize Bob Swanberg of Stearns County HRA to do the leg work to see if this project would quality for a Re-development Tax Increment Financing District. MUC County Assessor Gary Grossinger reviewed the real estate tax ratio and assessed market value and selling prices of City property. Councilmember Andy Maus introduced the following resolution and moved for its adoption: AMENDMENT TO CITY OF KIMBALL ORDINANCE CHAPTER SIX, LICENSED ACTIVITIES, SECTION 645 – LICENSING AND CONTROL OF DOGS, 645.06 IMPOUNDING AND FEES. 645.06 Impounding and Fees. If a dog is found to be running at large by the Animal Control Officer; is licensed, is wearing and can be identified by a Current City Dog Tag, the dog shall be returned to the owner the first time upon receipt of payment as set forth in the Schedule of Fees. If the owner is not at home to receive the dog, the dog shall be placed in a dog pound designated by the Council. Any dog determined to be a Potentially Dangerous or Dangerous Dog will be immediately taken to a pound designated by the Council. Any dog found to be running at large by the Animal Control Officer which is unlicensed by the City of Kimball or has been previously picked up and returned to its owner, shall be placed in a dog pound designated by the Council. Notice of the impounding shall be given to the dog’s owner, if known. The Animal Control Officer shall post notice of the impounding at the City Hall. The notice shall state that the dog shall be held for five regular business days before the disposition of the dog is determined. Unless the dog is claimed within the time specified and all costs, fees and charges are paid, the poundmaster shall determine if the dog appears to be valuable and/or adoptable, the poundmaster shall euthanize the dog in a humane manner. Animals shall be released for research if required by law. The poundmaster shall house and feed any dog held at the pound. The City shall impose a fee, payable to the City as shown on the Schedule of Fees, Section 215 of this Code, in an amount sufficient to reimburse the City for the actual cost of transporting the dog and staff time. A receipt for the fee must be given to the poundmaster at the time the dog owner picks up the dog. Reasonable charges for impounding, housing, vaccination, feeding and veterinary services may be assessed to the owner by the poundmaster in addition to the above fees and, if they are so assessed, shall be paid before the dog is released. Councilmember Mickey Fischer seconded the foregoing resolution, and the following voted in favor thereof: Andy Maus, Mickey Fischer, Wayne Mackereth, DuWayne Orbeck and Karla Davis; those absent or voting against: None. Whereupon said resolution was declared and adopted. POLICE DEPARTMENT REPORT: Chief Todd Rohloff presented the monthly reports for the City of Kimball and Fairhaven Township and proposed an ordinance for “Procedures Enforcing Administrative Offenses”. Staff will review new ordinance procedure and report back at Feb. 3 meeting. PUBLIC WORKS DEPARTMENT REPORT: Director Brent Neisinger reported on the water leak repair on Maus Drive, a Rural Water Training course in Wadena that he plans to attend, library renovation project, and Mutual aid Agreement with the City of Watkins. Motion Maus/Orbeck to approve the Mutual Aid Emergency Response Agreement for Public Works/Maintenance Departments with the City of Watkins. MUC Mayor Davis reported on the claim for legal service from Karen Cole of Kennedy and Graven and her conversation with and letter from Ms. Cole. History of issue was reviewed. Councilmember Maus will make contact with Ms. Cole on issue. Motion Maus/Orbeck to provide copies of time cards in Council packets for the first meeting of each month. MUC Motion Fischer/Orbeck to have Stearns County EMS purchase four weather radios with the donated funds which they are holding. MUC The Household Hazardous Waste Clean-up letter was reviewed and suggestions were made for providing a dumpster and appliance pick-up. Staff will contact Waste Management on pick-up. Other suggestions were TV pick-up and clothing pick-up for Good Will. Letter from American Legion Commander Mike Olk in regards to the name of the baseball field was reviewed. Staff was instructed to contact the Legion for two or three name suggestions and invite them to a meeting to discuss the issue. Staff was instructed to contact legal counsel in regard to a non-conforming use removal commitment. Motion Orbeck/Maus to appoint Mickey Fischer as the Substitute Civil Defense Director. MUC Motion Maus/Fischer to approve the 2003 Forestry Assistance Matching Grant for the Kimball Fire Department. MUC Motion Orbeck/Fischer to approve the Safety Training Agreement renewal with Safety First for 2003. MUC Motion Fischer/Maus to reimburse Neal Spaulding $250.00 for restoration work he did on the right of way on Linden Ave. E. Those voting in favor thereof: Maus, Fischer, Davis and Mackereth; those voting against: Orbeck; those absent: None. Motion passed. Legal Request for Proposals was tabled. Motion Maus/Fischer to continue using the service of Dennis Goldberg for labor negotiations. MUC Motion Maus/Orbeck to adjourn at 10:50 p.m. MUC Dianne H. Robinson  Clerk Treasurer Administrator