The meeting was called to order by Mayor Tammy Konz at 7:00 p.m. Councilmembers present: Tammy Konz, DuWayne, Eric Loewen and Joe Krippner. Councilmembers absent: Chris Jansky. Others present: Ed Enerson, Jim Frilstad, Jean Matua, Cliff Dahl, Shirley Dahl, Shannon Dahl, Brad Kirkof, Jim Schulz, Sherry Donabauer, Chris Langness, Leanne Kunze, Tim Young, Vern Harris and Robert Blanchard. Motion Orbeck/Krippner to approve the April 16, 2007 minutes as presented. Motion passed (Jansky absent). Motion Krippner/Orbeck to approve the April 30, 2007 minutes as presented. Motion passed (Jansky absent). Motion Orbeck/Krippner to approve the following items on the consent agenda: 1. To approve Dianne Robinson’s vacation request. 2. To join the Highway 15 Coalition and pay the annual dues of $200.00. 3. To approve Ten Door Express’ (Main Street Pub) request to sell intoxicating liquor outside their licensed premises in a fenced in area for Aug. 10 & 11. 4. To accept the donation of $20.00 from Jerry and Rhonda Nelson and $50.00 from Dan Fogarty for Willow Creek Park in memory of the Fogarty family. 5. To approve the Public Dance Permit for Main Street Pub on Aug. 10 and 11 from 8:00 p.m. to 1:00 a.m. each day. 6. To accept the following Kimball Days Donations: Dingmann Funeral Chapel $100.00, Hendricks Sand & Gravel $100.00, Hendricks Bus Service $100.00, Fairhaven Electric $50.00 and Melrose Telephone Co. $100.00. 7. To approve Ed Borman’s vacation request. 8. To accept the donation of $100.00 from Carl Hoffman for flower planters. 9. To accept the donation of a 4-well warming buffet valued at $300.00 from Steve Edwards for the Fire Department. 10. To accept the donation of $3,000.00 for the Fire Equipment Money Market for the RTV Kubota. Motion passed (Jansky absent). Brad Kirkof of Melrose Telephone was present in regard to the parking pad in front of the telephone building. Motion Orbeck/Loewen to install a concrete parking pad and alley apron in front of the Melrose Telephone Company’s building (with Street Project) and to reimburse them the difference between what the City would have paid for bituminous. Motion passed (Jansky absent). Leanne Kunze of AFSCME was present to review the changes made to the Union Contract in negotiations. The Council will review these change and sign contract at next meeting. Sherry Donabauer, Agent of Record for the City’s Liability/Auto Insurance coverage with the League of Minnesota Cities Insurance Trust reviewed the coverage renewal with the Council. Mayor Konz discussed the liability of alcohol in the parade units, the use of golf carts and Kimball Day’s insurance coverage. Agent Donabauer stated that letters going out to parade units should state “No Alcohol” and that she had previously explained to the Kimball Days Committee that the carts would need to be leased in order to have coverage. She will be attending the Kimball Days meeting. Motion Loewen/Krippner to Increase the Uninsured/Underinsured Motorist Coverage (UM/UIM) to the $1,000,000 limit for an estimated premium increase of $144.00) Motion passed (Jansky absent). Motion Orbeck/Loewen to include Non-Registered Vehicles at elected limit for an estimated premium increase of $36.00. Motion passed (Jansky absent). Motion Loewen/Orbeck to elect to add the No-Fault coverage to ALL city vehicles both registered and those excluded from registration by state statues. Motion passed (Jansky absent). Agent Donabauer also noted that City employees need to let the City know if they are participating in outside organizations while doing community activities and to provide certificated of insurance coverage from these organizations. The personnel committee will address this issue. City Attorney Tim Young addressed the Engineering Service contract received from SEH, Inc. to address short term treatment capacity needs in conjunction with discharge permit modification and renewal. Motion Krippner/Loewen to approve the contract with the removal of the following paragraph on page 2: “The City agrees, to the fullest extent permitted by law, to limit SEH’s total liability for all claims, expenses, or damages in any way related to the services provided under this Agreement to the total sum paid to SEH for providing these services”. Motion passed (Jansky absent). Mayor Tammy Konz declared the meeting closed to discuss pending litigation with the City Attorney Tim Young on the Eminent Domain for the wastewater spray irrigation property which was owned by Jerome and Laverne Scheeler. Mayor Tammy Konz called the meeting to order. Motion Orbeck/Loewen to approve the following settlement: The City agrees to settle the eminent domain lawsuit with Jerome Scheeler and Laverne F. Scheeler for the sum of $440,000.00 (of which $420,000.00 has already been paid) in exchange for the land (which the City acquired possession of in September 2006) and a release of all claims. The City’s Attorney, John “Mac” LeFevre of the law firm of Kennedy & Graven is authorized and directed to sign and file the documents necessary to complete the settlement. The City Clerk Treasurer is authorized and directed to make payment of the remaining $20,000.00 of the settlement to Mr. and Mrs. Scheeler according to the instructions of Attorney LeFevre. Motion passed (Jansky absent). Motion Krippner/Orbeck to have the Clerk Treasurer review the $475,000.00 Temporary Bond for the Eminent Domain to see what has been paid out for legal/engineering/administrative/contingencies/etc. and to pay the $20,000.00 from this fund and the sewer checking if needed. Motion passed (Jansky absent). Pastor Vern Harris of the Kimball Church of Chris was present to review the feasibility study for the water main extension from Elm St. S. to the Kimball Church of Christ. City Attorney Tim Young explained that if the Church does the project, he knows of no legal way for the Church to recoup any of their costs if abutting property owners decide they want to hook up to this line once it is dedicated to the City. The City can not access for a private project. If the City does the project (requires a hearing, publication costs, bidding project, engineering expenses, easements, assessments and over sizing costs) then the City can do deferred assessments against the abutting property owners for collection when they decide to hook-up to this main. The City is willing to work with the Church on this project and let it be the Church’s decision as to how they wish to proceed. Pastor Harris will have a decision for the Council at the May 21st meeting. City Attorney Tim Young addressed the ownership of the K-9 Unit. This K-9 (Viper) was donated to the City of Kimball and until someone else accepts the ownership of Viper, the dog belongs to the City of Kimball and is the City’s responsibility. Police Chief Jim Frilstad commented on continued training, care, feeding, service provided and the number of years Viper will be in service. Pastor Vern Harris returned to the Council meeting with Robert Blanchard who is Chairman of the Board for the Church of Christ. He informed the Council that the Church of Christ would rather pay the whole cost for the extension of the water service as a private project and have it reviewed by the City Engineer. City Attorney Tim Young will draft the Development Agreement and present it at the May 21st meeting. Shannon Dahl was present in regard to his proposal to build storage sheds on his property located north of the Playland Ballroom and south of 135th St. were he would like to locate 5 storage sheds at the north end of the property. This would need to be rezoned from residential to highway commercial. He was instructed to meet with the Zoning Administrator to start the rezoning process. The City supports his idea of rezoning the north portion of this property and will listen to public feed back at the rezoning hearing. Police Chief Jim Frilstad reported on the digital recording of police calls and distributed the Kimball and Fairhaven monthly reports. The Council discussed the vacancy of the Full Time Police Officer position an
d starting the process to update pay equity. Motion Loewen/Krippner to Have the Personnel Committee start the process of contacting the League of Minnesota Cities in regard to pay equity and make recommendations to the City Council to adjust the offer of $16.00 per hour made to Chris Langness. Motion passed (Jansky absent). Motion Orbeck/Loewen to promote Chris Langness from part time police officer to full time police officer at the rate of $16.00 per hour. Motion passed (Jansky absent). Chris Langness will let the Council know in a few days if he accepts this position. The WEB site committee will be meeting on May 16th at 5:00 p.m. to work on the information which will be on the site. Motion Loewen/Krippner to have kimballmn.org as the WEB site address. Motion passed (Jansky absent). Motion Loewen/Krippner to set up a special meeting on June 5 and June 7 starting at 6:00 p.m. each evening for interviewing three of the consultants (Biko Assoc., Municipal Development Group, Inc. and Pettipiece Assoc, LLC) who submitted proposals for the comprehensive planning. Motion passed (Jansky absent). Mayor Tammy Konz will be attending the Kimball Days meeting and Eric Loewen will attend the Stearns County Comprehensive Planning meeting. Sherry Donabauer will check the liability issues of paint balls in the park. Motion Loewen/Krippner to not take the no-fault sewer backup coverage. Motion passed (Jansky absent). OPEN FORUM – Ed Enerson addressed the condition of the sidewalk at 31 Cherry St. S. and he wants it repaired. The Council will look at this with their Community Walk-Around. Motion Orbeck/Loewen to adjourn at 10:05 p.m. (Jansky absent). Dianne H. Robinson Clerk Treasurer
