REGULAR COUNCIL MEETING - Kellogg, Minnesota



PUBLIC HEARING

Public hearing to vacate an alley in Block 4, Pawselim’s Addition called at 6:00 PM.

All Council Present, no public.

MOTION BY SCHMOKER SECOND BY HAGER TO CLOSE THE PUBLIC HEARING AT 6:10 PM. AYESA; ALL PRESENT. MOTION CARRIED.

APPROVED

REGULAR COUNCIL MEETING

3-13-13

Council Present: Pavelka, Broadwater, Hager, Schmoker

Council Absent: Lee

Others Present: Gary Gile, Justin Leonhard, Sue Schuler, Joe Feils, Loren and LaVonne Ott, Rick Engstrom (WHKS), Jeff Arens, Jim Warren (police), Brenda Marx,

FIRE REPORT:

Arens was present and commented to council that Alex Air will be in town servicing their SBCA unit at a cost of about $780.00. He also commented that the truck committee met and they should have specs for the new truck completed by next council to present, he also stated that he will be attending a Mutual Aid meeting tonight and will have more information on the HGAC bidding information. No questions for Arens and he left the meeting. Schmoker asked Arens about the phone paging system, and he commented that the Wabasha ambulance is starting to page people now on their personal cell phones, and he is looking into this. Schuler described being at the same meeting and stated that it is for people who are out of the area to receive the page in case more are needed so they could head back to the area, for not everyone takes their pagers to places like shopping etc. and feels it a good idea. Arens will have more information when it becomes available.

KLS REPORT:

Schuler presented the council with the agreement between Wabasha County and the City of Kellogg for election services. Schuler stated that between the city attorney and the county assistant district attorney, they have agreed on a contract of services to be presented to the Wabasha County Commissioners at their next upcoming meeting.

MOTION BY BROADWATER SECOND BY SCHMOKER TO ACCEPT THE CONTRACT AGREEMENT BETWEEN WABASHA COUNTY AND THE CITY OF KELLOGG FOR ELECTION SERVICES AS PRESENTED BY THE ATTORNEYS. AYES: ALL PRESENT. MOTION CARRIED.

Next Schuler presented the council with resolution 2013-06 to hire the Auditor treasurer and their staff to administer the special election, and act as the absentee ballot and UOCAVA ballot board and pay all expenses incurred. Schmoker commented that he did ask Schuler if we could do a paper ballot instead of hiring the county and she stated that we could not with the county administrating and the current laws.

MOTION BY BROADWATER SECOND BY SCHMOKER TO ACCEPT RESOLUTION 2013-06 HIRING THE WABASHA COUNTY AUDITOR TREASURES OFFICE AND STAFF TO ADMINISTER THE SPECIAL ELECTION AND TO ACT AS THE ABSENTEE AND UOCAVE BALLOT BOARD AND TO PAY ALL EXPENSES INCURRED. AYES: ALL PRESENT. MOTION CARRIED.

Next Schuler stated that the Council now will need to vote on what they are going to hourly pay the election judges to work the special election. Some discussion occurred.

Pavelka asked how many hours it is open and Schuler commented that this is an election so 7:00AM to 8:00PM as in all.

MOTION BY SCHMOKER SECOND BY HAGER TO PAY THE ELECTION JUDGES $9.00 AND HOUR AND MEALS FOR UP TO $9.00 PER FROM TOWN AND COUNTRY CAFÉ. AYES: ALL PRESENT. MOTION CARRIED.

Schuler reminded council that council has 90 days after approval of the county board the contract voted on tonight to come up with the question they want on the ballots, Schuler commented she was told by officials to take their time and make it simple, less complicated for voters. Schmoker stated that he feels that they had better be very careful on how they word it, and is not prepared to make that decision tonight, and Broadwater agreed, saying there should some thought in this. Hager feels that he thinks they have to also have a date if they vote to close it when it will be closed by, within the wording itself, like 45 days after election and within 30 months. Schmoker feels that they should bring back suggestions at the next meeting for he does not want the wording to slow down the process. Some more discussion occurred. Hager then stated that we really have to look at that time if they vote to close it what the city has to do in that amount of time and does not want to cut themselves short regarding all the issues, Then Hager commented what if they vote to keep it open, and we keep losing money thinking ahead and Pavelka commented that council can close it right now and Hager agreed. Schmoker asked what the next step is, Schuler commented that since they accepted the agreement tonight it now goes back to the auditor treasurer’s office and they present it for approval to the Wabasha County commissioners at their next meeting, from that point she does not know but stated that the auditor’s office will contact her in regards as to what is next from there. Schmoker asked if we could recommend a date to them and Schuler did not think so, for once this is all signed we have a limited amount of time according to law. Schuler stated that until everything is signed on a county level she does not have anything to report.

POLICE REPORT:

Chief Warren was present and stated that they lost a full time officer and are looking to replace them. He also commented on a recent high speed pursuit that went through Kellogg. He asked if everyone thought there was adequate coverage in Kellogg and all council thought there was, he then commented that they are looking at adding the Kellogg to their police cars so that would read Wabasha/Kellogg police department and council thought it was a nice ad. He then stated to council that the county is looking at banning 4 wheelers and ATV’s from driving in town and that he thought that the city should look at that as well, but it is up to the city. Schmoker commented to warren that he just about got hit where we just put a new stop sign and Pavelka commented that new signs take a bit of getting used to. Council will discuss it in the future. No questions from council and Warren left the meeting.

WATER / SEWER REPORT:

Gile was present and stated to council that he will be ordering a sea snake camera for use in the city at a cost of about $425.00 just for their information. Gile then stated he would like to purchase a power point projector to take to different meetings for presentations and he has been kind of shopping around and they start at $500.00 and go up from there. Schmoker asked if Gile thought it necessary and Gile commented that it would help with presentations especially at township meetings and the well head protection. Schmoker then asked him to continue to research and bring options and prices back to another meeting for review. Hager stated that he felt it a good idea as well. Gile then commented that the lift station flooded over the weekend, so he and Leonhardt built a berm around it so the drainage down there is an issue. Gile commented that Engstrom is starting the issue and he will leave it up to him. He would like to what it would cost to add a clean out line to the discharge line to the ponds, for if something every happens like they fry the pumps there is no way to tie in a line to pump, there is nothing on there now, and he will present prices.

PARK / GYM /STREETS REPORT:

Leonhardt was present and stated that there is a hole in the airbrakes on the grader and a temporary fix he cut the line and spliced it together stating that it may last 10 (ten) years may break tomorrow. It is severely difficult to get at and has not called CAT yet to see how much it will cost but does expect it to be quite expensive for mark Braun won’t even touch it. He then commented that the snow blower is getting very tired, it will need to be repaired for the next storm. Leonhardt does not know what the season holds yet. Pavelka commented that by Schurhammer’s the water sits there cause it’s so low and ices over and feels it needs to be addressed, and Leonhardt stated that Schuler has the same issue up by her place the sidewalk is low and it floods and ices over. Leonhardt commented that it is not our property. Pavelka commented that we took on that responsibility when we did the sidewalks. Leonhardt commented that it is the County’s sidewalk in there ROW is what he meant. Schmoker commented we need to look at that if we are going to do the sidewalks anyway next year. Schuler commented that her entire yard is flooded with about three feet of water that runs off the roads, down the alley and through her yard, it’s not just the sidewalk that the drainage like the Ott’s is a real problem. Pavelka wants it to be put on the agenda, and Hager agrees. Schmoker asked about the cleanliness of the gym and it was stated that things are going better. Bruce would like confirmation on the age limit of adults and the key. Some discussion occurred. It was decided that 18 is the age for the key.

Schuler then reminded Pavelka that they needed to address the public hearing that was held earlier in the night.

P.C. COMMITTEE:

No Report

CONSENT AGENDA:

MOTION BY SCHMOKER SECOND BY BROADWATER TO APPROVE THE MINUTES FROM THE REGULAR COUNCIL MEETING ON 2-27-13 AYES: ALL PRESENT MOTION CARRIED.

MOTION BY BROADWATER SECOND BY HAGER TO APPROVE THE ACCOUNTS PAYABLE WITH CHECK NUMBERS: 94208-94244. AYES: ALL PRESENT MOTION CARRIED.

OTHER BUSINESS:

Schuler then presented council with a letter of forgiveness on the late Pete Lehnertz water bill, she stated that Mike Lehnertz brought this to the office and asked to present it. Pete passed away in October of 2011 and because of the shared service was unable to remove the meter. Schuler stated that she was unable to check the account before the meeting due to computer issues. Some discussion occurred.

MOTION BY SCHMOKER TO HAVE THEM PAY $100.00 AND TO FORGIVE THE REST IN THE AMOUNT OF $164.00. MOTION DIED DUE TO LACK OF A SECOND.

MOTION BY BROADWATER SECOND BY HAGER TO HAVE SCHULER GO BACK IN THE BILLING TO THE LAST QUARTER MR. LEHNERTZ PAID AND TO FORGIVE ALL AFTER THAT. AYES: PAVELKA, HAGER, BROADWATER. NAYE: SCHMOKER. LEE ABSENT. MOTION CARRIED.

Schuler then presented paperwork on new computers for the city office as requested by council on the tabled items. Bruce presented computer comparisons and some discussion occurred. Broadwater commented that he met with the office staff and for the $200.00 or so difference in price he feels that they should have identical ones for if one would go down for some reason the other could take over until its fixed it just makes sense. If the computer lasts 10 years like the last ones that is a cost of about $18.00 a month which he feels is worth it. Schuler’s was built in 2002 and Bruce’s in 2009 and hers was a very low end small one. Schmoker did not feel that we needed two the same and would like Bruce to look into a lower end lap top instead, Schuler was not comfortable with that idea for it is harder to work on, on a daily basis that PC’s for office work is better. Schuler recommends the HP-P7-14465 at a basic cost of $1,078.00 which does not include monitor, Microsoft office or antivirus, but it does include install and purge of all documents. Schuler stated that she did purchase two 24” monitors on a one day special for $149.00 each down from $289.00, that’s a saving of $140.00 each.

MOTION BY SCHMOKER SECOND BY HAGER TO HAVE SCHULER PURCHASE ONE HP-P7-14465 FOR THE AMOUNT OF $1078.00 AND TO HAVE MICROSOFT OFFICE AND ANTIVIRUS INSTALLED EXTRA. AYES: ALL PRESENT. MOTION CARRIED.

Pavelka commented that if the KLS closes we won’t need two in the office all those hours, to need two computers, Schuler stated that Bruce was hired 4 (four) years before she took over the KLS and that Schuler had taken a two year wage freeze for the extra help not including the KLS and that Pavelka should check back minutes before making those kind of comments. She is part time now and does not understand what he is stating or talking about but is council decision.

Schuler then reminded Pavelka that action was needed on the public hearing held earlier in the evening.

MOTION BY SCHMOKER SECOND BY HAGER TO PASS RESOLUTION

2013-05, VACATING THE ALLEY LOCATED IN BLOCK 4, PAWSELIM’S ADDITION AS PRESENTED BUY THE ST. AGNES CATHOLIC CHURCH AND THE CITY ATTORNEY. AYES: ALL PRESENT. MOTION CARRIED

COUNCIL ADDRESSE’S:

Loren and LaVonne Ott were present to discuss their water drainage issues. Discussions occurred, council handed the discussion over to the engineer, he stated that without a feasibility study nothing can really be done stating that you can’t just fix his problem without creating another, he suggested to council to have the study done, Schmoker asked what the costs for something like is and Engstrom commented upwards of $5000.00, Engstrom then stated that maybe he could first contact the rail road and see if we could address some of the over growth problem in their ROW first. Much more discussion occurred.

MOTION BY SCHMOKER SECOND BY BROADWATER TO HAVE THE WHKS CONTACT THE RAIL ROAD FIRST AND REPORT BACK TO COUNCIL. AYES: ALL PRESENT. MOTION CARRIED.

Brenda Marx was present and stated that she is purchasing Pete Lehnertz property and wanted to make sure that the trailer she was replacing the old one there with meets requirements for the city. Schuler commented that as long as it was built after 1978 it is acceptable, as CMS stated to her. Schuler had spoken to here and referred her to CMS and it does not seem to be a problem. Her trailer is a 2000 14X70, Pavelka verified that being he was on the planning commission and stated to her to get the appropriate building permits, Schuler then explained to her how that all works and when the permits would need to be in by. Ms. Marx thanked the council and left the meeting.

WHKS engineer was present to discuss the opening of the street project bids, Engsrtom reminded council that they had 3 (three) separate bids and went through each individually, he stated that per the bidding requirements all were opened on Tuesday March 12, 2013 at 2:00 PM in the city office, present was Engstrom, Broadwater, Schuler, and a representative from Fahrner construction. The first bids Engstrom referred to was for the 2013 patching street maintenance and were as follows:

1. Rochester Service Co. $14,250.00

2. Aslakson $19,750.00

3. Dunn Blacktop $24,350.00

4. Eric Passe $10,150.00

Engstrom stated that he is very comfortable with Passe and recommends awarding that to Passe in the amount of $10,150.00. Schmoker asked why there was such a big fluctuation and Engstrom commented that distance and the nature of the small project.

MOTION BY SCHMOKER SECOND BY HAGER TO AWARD THE 2013 PATCHING STREET MAINTENANCE PROJECT TO ERIC PASSE AS RECCOMENDED BY ENGINEER IN THE AMOUNT OF $10,150.00. AYES: ALL PRESENT. MOTION CARRIED.

The next project was the 2013 Crack sealing street maintenance as follows:

1. Rochester Service Co. $15,000.00

2. Fahrner $12,400.00

Engstrom recommended awarding that contract with Fahrner, stating not only are they low bid but he has worked with them as well and they are very good.

MOTION BY BROADWATER SECOND BY SCHMOKER TO AWARD THE 2013 CRACK SEALING STREET MAINTENANCE PROJECT TO FAHRNER AS RECCOMENDED BY THE ENGINEER IN THE AMOUNT OF $12,400.00. AYES: ALL PRESENT. MOTION CARRIED.

The final project Engstrom referred to was the bigger project 2013 Street Maintenance project-Seal Coat.

1. Pierson Brothers $81,550.75

2. Fahrner $79,457.05

Engstrom recommended accepting the low bid from Fahrner again for the same reasons.

MOTION BY BROADWATER SECOND BY HAGER TO AWARD THE SEAL-COAT PROJECT AS RECCOMENDED BY ENGSTROM IN THE AMOUNT OF $79,457.05. AYES: ALL PRESENT. MOTION CARRIED.

Engstrom stated that the first two projects will have a completion date of June 1, 2013 and the seal-coat is by August 31, 2013. Engstrom will contact all companies that bid and send them each a bid tabulation sheet, award the contracts and get all copies to Schuler for the city of Kellogg records. Engstrom commented that we are at or under the money amount talked about by the financial advisor to borrow at $130,000.00 and the total of just the bids are $102,007.05, leaving us under by some $27,992.95. No other questions for the engineer so Engstrom left the meeting.

Next Joe Feils was present to discuss the findings from Schuler in regards to the city of Kellogg running the veterans memorial bank account and funds raised. Schuler stated that after talking to the auditors the city of Kellogg is able to do the project as long as all donations are accepted at council meetings and all bills are paid for after being voted on as well, this has to be an all or nothing project, that would have to be kept track of on a separate spread sheet, to insure that no tax dollars are spent. Feils asked about the decision that council would have to make referencing if the outside committee decides to have say concrete poured they can go ahead and Schuler commented no, it would have to come through council. Feils then stated that they will not block us will they and Schuler commented that it will have to all be done by motion which did concern Feils but it is the only way it can be done. Schmoker commented that he is for it all until grants come into play for he does not want to gum up the office and the riverbank was not pleasant. Feils then asked what if they put the monies into the account and the project falls apart who gets the money. Pavelka commented that he does not believe it will fall apart it may get down sized but believes that this will happen and we will address it if and when it happens. Feils stated that they have some active raffles going on to start, and that they already have money to be placed in the account and he will get ahold of Schuler to set that up.

MOTION BY BROADWATER SECOND BY HAGER TO HAVE SCHULER SET UP A NEW ACCOUNT AND GET READY FOR THE VETERANS MEMORIAL PROJECT. AYES: ALL PRESENT. MOTION CARRIED.

UPCOMING EVENTS:

TABLED ITEMS:

Ice skating rink at ball field

Full length basketball court (Next year)

Future Street Repairs (next 5 years)

5 year plan (pending)

Emergency lighting at the gym

Water Generator (spring)

Change of Agenda

MOTION BY SCHMOKER SECOND BY HAGER TO ADJOURN THE REGULAR MEETING AT 8:30 PM AYES: ALL. MOTION CARRIED.

AN AUDIO COPY OF THE MEETING CAN BE LISTENED TO AT THE CITY OFFICE DURING REGULAR OFFICE HOURS AND AVAILABLE FOR THREE MONTHS

Respectively submitted

Respectfully Submitted:

Susan Schuler

City Clerk/Treasurer

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