KIMBALL CITY COUNCIL MEETING, July 23, 2007

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Meeting was called to order by Mayor Tammy Konz at 7:00 p.m. Councilmembers present: Tammy Konz, DuWayne Orbeck, Chris Jansky, Eric Loewen and Joe Krippner. Councilmembers absent: None. Others present: Paul Harvego, Mary Johnson, Brian Kuechle and Jim Frilstad. Motion Krippner/Orbeck to approve the minutes of the July 2, 2007 meeting as presented. Motion passed. Motion Orbeck/Loewen to approve the claims for July as presented. Motion passed. Motion Loewen/Orbeck to approve items 1, 2, 3, 4, 8, 9 & 10 as follows and to table items 5, 6 & 7 for later discussion: 1. To disconnect all delinquent City utilities. 2. To approve the Tesoro Commercial Fleet Charge Card Account application for the Police Department and Public Works Department (Schmidty’s changed to Tesoro and the Conoco cards no longer work at the pumps). 3. To approve Payment Request No. 5 for Kuechle Underground for the Magnus Johnson/Linden Ave. project as recommended by the City Engineer (in packet). 4. To approve the Sunday Liquor License Application for Son of a Butcher’s Bar &    Grill at 51 Main St. S. for July 29 – Dec. 31, 2007. 5. To approve U. S. Bank as pay agent and bond registrar for the $1,605,000. G. O. Improvement Bond (info. in packet). 6. To approve the 3.2% beer licenses for the Kimball Fire Relief Assoc. for Kimball Days weekend at the following locations: 210 Main St. S. (Baseball field area) on Aug. 11 & 12. 31 Main St. S. (Knaus Sausage House, Inc. area) on Aug. 11 11 Hazel Ave. E. (Steve Edward’s lot) on Aug. 11 7. To approve the Dance Permit application for the Kimball American Legion Club to conduct a dance on Aug. 10, 2007 from 8:30 p.m. – 12.30 a.m. – 201 Main St. S. 8. To transfer $200.00 from the sewer checking to the $475,000.00 Condemnation Temporary Bond to cover bond interest payment per bond issue which states that the City will also maintain the Debt Service Fund as a separate account in the sewer fund and will cause money to be credited thereto from time to time, out of net revenues from the sewer plant & system, in sums sufficient to pay principal & interest on the bonds when due. 9. To transfer $3,879.00 from general fund tax levy to the Reserve #1 Money Market to reimburse this fund for the City Share of the Fire Truck purchase. 10.To accept the donations of $50.00 from Evonne Johnson and $100.00 from Darrel Curtis (for Dee Curtis memorial) for the Fire Equipment Money Market. Motion passed. Councilmember Orbeck addressed the use of the K-9 unit and claim for shots. Mayor Konz will be checking with Police Chief Jim Frilstad on this issued. Loewen/Krippner to have the Clerk Treasurer check with Keith Markwardt at the State Bank of Kimball about the Pay Agent for the $1,605,000 G. O. Improvement Bond (Consent Agenda item #5). Motion Jansky/Krippner to approve consent agenda item #6 to approve the 3.2 % beer licenses for the Kimball Fire Relief Assoc. for Kimball Days weekend at the following locations: 210 Main St. S. (Baseball field area) on Aug. 11 & 12, 31 Main St. S. (Knaus Sausage House, Inc. area) on Aug. 11, and 11 Hazel Ave. E. (Steve Edward’s lot) on Aug. 11. Motion passed. Motion Orbeck/Krippner to approve consent agenda item #7 to approve the Dance Permit application for the Kimball American Legion Club to conduct a dance on Aug. 10, 2007 from 8:30 p.m. – 12:30 a.m. at 201 Main St. S. Motion passed. City Auditor Paul Harvego of Conway Deuth & Schmiesing gave the 2006 annual audit report and discussed internal controls, GASB requirements, the need for a new accounting program for the Clerk Treasurer, conflict of interest, debt provisions, maintaining six months of cash flow, TIF districts, increasing water and sewer rates, capital planning and other audit related issues. Motion Loewen/Orbeck to approve the 2006 audit report as presented. Motion passed. Mary Johnson presented an overview of the proposed Phase III historical grant for City Hall. Clerk Treasurer Dianne Robinson reported on funding availability. Motion Jansky/Loewen to use $5,000.00 from the Reserve #2 Money Market Account (general fund) for Phase III Historical City Hall restoration. Motion passed. Police Chief Jim Frilstad reported on the alarm system at a business that continues to go off. The Police Department will start billing until problem is fixed. He also reported on a forfeiture vehicle, prosecution contract and grants. Quotes were presented for the equipment for the new police car as follows: Gall’s $8,000.00 and KEEPR’S $7,300.00. Motion Orbeck/Jansky to accept the quote from KEEPR’S in the amount of $7,300.00 for the equipment for the new police car. Motion passed. Brian Kuechle informed the Council of the Lions Club 5K Run/Walk which is scheduled for Sept. 29th and the planned route. He will work with Police Chief Jim Frilstad on the route and traffic control. Councilmember Eric Loewen introduced the following resolution and moved for its adoption: To amend Chapter Two – Administration – Section 2005.02 – Terms of Office as follows: The Mayor shall serve a four year term. Councilmembers shall serve four year terms. Councilmember elections shall be staggered so that two Councilmembers stand for election while the remaining two Councilmembers have two years remaining in their terms of office. Councilmember Joe Krippner seconded the foregoing resolution. Those voting in favor thereof: Eric Loewen, Joe Krippner, DuWayne Orbeck and Chris Jansky; those abstaining: Tammy Konz; those voting against or absent: None. Motion passed. Motion Loewen/Orbeck to have the City Attorney review the proposed ordinance amendment to the building code. Motion passed. Mayor Konz reported on the performance review process and the pedestrian crossing. The Clerk Treasurer was instructed to send out three more nuisance letters. The Council reviewed the City Attorney’s revisions to the Comprehensive Plan Contract with Biko Associates. Motion to approve the Comprehensive Contract with Biko & Associate with the City Attorney’s proposed changes and to send these changes to Biko & Associate and have them incorporate them into the contract. Motion passed. Mayor Konz reported on her call from Tom Crouch and his request to annex more land north of the City. The Mayor will speak to him about the extension of Elm St. North and Commercial property. Other items discussed were the Community Playhouse membership, Don Adams reply to Councilmember Loewen’s letter on the County Land Use Plan, Health Partnership workshop, David Mackereth’s temporary employment, Nation Night Out on Aug. 7th, Councilmember’s in Kimball Days Parade, Board of Appeals training attendance, web site layout, City logo and Scheeler Park gazebo completion. Councilmember Chris Jansky introduced the following resolution and moved for its adoption: To amend Chapter Two – Administration – Section 215 – Schedule of Fees – 630.03 Public Dancing as follows: PUBLIC DANCING (annual $120.00  (one event lasting no longer than 48 hours) $ 45.00 each time Councilmember Joe Krippner seconded the forgoing resolution. Those voting in favor thereof: Tammy Konz, Chris Jansky, Joe Krippner, Eric Loewen and DuWayne Orbeck; those voting against, absent or abstaining: None. Motion passed and adopted. The Council instructed the Clerk Treasurer to reply to the claim from the Kimball Vet Clinic and to have the Mayor review the letter before it is sent. Councilmember Loewen informed the Council that their will be a park committee meeting on Aug. 16th at 7:00 p.m. at Willow Creek Park picnic shelter. Dianne H. Robinson Clerk Treasurer