City Council meeting minutes, January 6, 2003

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Meeting date: Jan. 6, 2003 Meeting time: 7:00 p.m. Called to order by: Mayor Karla Davis Councilmembers present: Karla Davis, Wayne Mackereth, Mickey Fischer, DuWayne Orbeck and Andy Maus. Councilmembers absent: None. Others present: Carol Newman, Mary Johnson, Deloris Madden, Cindy Stelten, Shirley Slater, Larry Davis (and children), Don Slater, Brent Neisinger, Randy Sabart, Rick Linn, Tom Zipoy, Joe Madden, Dolores Madden, Jane Pickle, Jean Matua, Shannon Madden, Don Salzer, Chris Jeppesen, Roland Foyen, Dave Mortenson, Joe Steichen and Todd Rohloff. Mayor Davis invited those who wished to do so to join in the Pledge of Allegiance to the Flag. Motion Maus/Fischer to approve the Dec. 16, 2002 minutes as presented. MUC Motion Maus/Orbeck to approve the following items on the consent agenda: 1. To approve Dan Dawson’s vacation request. 2. To transfer $7,660.00 from the Sewer Checking account to the Sewer Replacement Money Market Account per grant requirement for replacement cost. 3. To transfer $1,493.71 from the Fire Dept. Checking Account to the Reserve #1 Money market Account to reimburse this fund for money borrowed by the Fire Department for the tarring of the Fire Hall parking lot. 4. To designate the Tri-County News as the official newspaper for City publications for 2003. 5. To pass a resolution naming the State Bank of Kimball, Atwater State Bank and United Bankers Bank of Bloomington as the official depositories for all city funds for 2003. 6. To accept the donation of $11,500.00 from the Kimball Fire Relief Association gambling fund to be used for the Fire Department to purchase a boat, motor, trailer and equipment. 7. To accept the donation of $11,000.00 from the Kimball Fire Relief Association gambling fund and to deposit this money into the fire Department Equipment Money Market Account to be used for equipment and vehicles. 8. To accept the donation of $80.00 from the Kimball Fire Relief Association gambling fund and to use the money to help with the purchase of a flag for the Kimball High School 9. To accept the donation of $225.00 from the Kimball Fire Relief Association gambling fund and to use the money for the baseball field fence. 10. To accept the donation of $100.00 from Land O’Lakes Oil Company for the civil defense siren. MUC     Mayor Davis announced that there would be an OPEN FORUM added to future agendas at which time those not on the agenda would have an opportunity to address the Council in a five minute period or less. No Council action will be taken at that time. Items will be referred back to City Staff for research and review at a later date. OPEN FORUM: No items. Councilmember Maus addressed the following items: – Requested a closed labor negotiation meeting. Motion Maus/Mackereth to call for a closed labor negotiation meeting on Monday, Jan. 13, 2003 at 6:00 p.m. at the Kimball Area Fire/Rescue Hall, 300 Elm St. N. MUC – Requested that a letter be sent to Waste Management asking them to publish all pick-up date changes for both garbage and recycling for residential pick-up within the City of Kimball. – Informed the Council of a meeting he has set up at the State Bank of Kimball on Thursday, Jan. 9, 2003 at 2:00 p.m. to meet with Bob Swanberg of Stearns County HRA, Keith Markwardt State Bank of Kimball President, Tim Young City Attorney and the owners of Willow Creek Concrete, Inc. in regards to the annexation of their property into the City Corporate limits and supplying their business with City services (water/sewer). – Informed the Council that the west wall of the Library will be removed on Tuesday, Jan. 14 (The Clerk Treas. Admin. will check with the building inspector on the number and placement of exit doors). Motion Maus/Orbeck to appoint Wayne Mackereth to the Kimball Area Fire/Rescue Board for 2003. MUC Motion Fischer/Orbeck to appoint Andy Maus as the Acting Mayor in the Mayor’s absence for 2003. MUC The appointment for Legal Council was tabled until the next meeting at which time the Council will review the Proposals for Legal Service which were received in 2002. Motion Fischer/Maus to approve the attendance and payment of Karla Davis, Wayne Mackereth and DuWayne Orbeck at the Newly Elected Officials Conference. MUC At 7:25 p.m. Mayor Davis called to order the Public Hearing for the Conditional Use Permit for Shannon Madden and Don Salzer to operate a skilled nursing home at 260 Magnus Johnson St. N. with is a Highway Commercial zoned area. PUBLIC COMMENT: – Tom Zipoy, representing Jerome Kuechle and his new housing development commented that the Council should go carefully with the fencing requirement as Jerome Kuechle does not care for a fence next to his development. – Dolores Madden commented that she thought this area was zoned residential. – The Council questioned the type of patients that would be housed (which will be elderly and are screened before being admitted). – Plantings and landscaping was suggested instead of fencing. – Madden and Salzer will own the business and Rita Sobania is the property owner. – Having the Zoning Administrator obtain written permission from the property owner. – Lighting, secured garbage storage and bio-hazard pick-up. – Completion time proposed for May or June 2003. Hearing was closed at 7:40 p.m. Motion Orbeck/Fischer to grant the Conditional Use Permit with the following conditions: 1. To waive the privacy fence requirements. 2. Security lighting must shine towards their building and not the housing development. 3. Six foot fence required in locked area. 4. Written permission for this conditional use permit must be obtained from the property owner. 5. Project must be completed by July 1, 2003. MUC Motion Maus/Fischer to invite MC Builders, Inc. to a council meeting to discuss their assisted living proposal. MUC Councilmember Andy Maus reported that the Council has met three times with labor negotiator Dennis Goldberg. The continuation of his contract was discussed. Motion Orbeck/Fischer to meet with Mr. Goldberg at the Jan. 13 closed meeting and to make a decision at the Jan. 21 meeting. MUC Motion Fischer/Orbeck to recognize Project Impact participants with a Thank You in the Tri-County News. MUC Roland Foyen of the Clearwater River Watershed presented their phosphorous ordinance and requested that the City of Kimball consider its adoption. Phosphorous is present in lawn fertilizer and may get into the ground water. Councilmember Orbeck addressed educating the public instead of forcing another ordinance upon them. He plans on attending the Citizenship Forum put on by Clearwater River Watershed District. Motion Maus/Orbeck to pay the $500.00 deductible for the baseball field damage. MUC Council or City Staff need to be present and be in charge when City equipment is used and procedures need to be followed. Motion Orbeck/Fischer that the definition of a special council meeting for compensation be a meeting that was approved by the City Council. MUC The claim from Attorney Karen Cole of Kennedy and Graven was addressed. Former Mayor Cindy Stelten informed the Council that Ms. Cole was hired by the City Attorney for a delicate situation. This claim for $3,917.04 was tabled until a letter could be sent to the City attorney and Karen Cole. City Engineer Randy Sabart introduced himself to the new Councilmembers. Mayor Davies inquired about the County’s commitment to the Hazel Ave. project. Mr. Sabart will check into this further. Mayor Davis addressed present projects and new expenditures. Motion Davis/Fischer to put all 2002 projects on hold until the Council can review these projects. MUC Motion Davis/Fischer to adjourn at 8:35 p.m. MUC Dianne H. Robinson  Clerk Treasurer Administrator