BIWABIK CITY COUNCIL REGULAR MEETING MONDAY, MAY 10, 2010
The Biwabik City Council met for their Regular Meeting on Monday, May 10, 2010 at 6:00 p.m. in the Council Chambers.
Roll Call Present: Councilors Jackson, Licari, Schroeder, Swearingen and Mayor Weikum
Absent: None
Others Present: City Administrator Jacobson, Deputy City Clerk Berts, City Attorney Minton, City Engineer Johnson, Public Works Director Bertram, Police Chief Skelton
Audience: John Plesha, Darlene Jackson, Charlie Inman, Steve Lere, Sally & Nick Naglus and Laurie Gluesing from Climb Theater , Marion Delage from the Range Times, and Steph and Billy Jo Martin from Mediacom
Moved by Councilor Schroeder, supported by Councilor Jackson, to approve the agenda with the addition of item number 7L, approval of tobacco License for Edwards Lucky Seven Discount Liquors. Motion carried unanimously.
Moved by Councilor Licari, supported by Councilor Schroeder to approve the consent agenda: A) Regular City Councilor Meeting 04/12/2010 and Special Meeting 04/16/2010; B) Public Utilities Commission Minutes Regular Meeting 03/11/2010; C) Board of Recreation Regular Meeting 04/14/2010; D) Planning & Zoning Commission no meeting; E) City of Biwabik & Utility Combined Financial Statement not available; G) Bills and Payroll 04/09/2010, check numbers 10043 – 10053 & 114608 - 114651, $51,932.50; Bills and Payroll 04/23/2010, check numbers 10054 – 10082 &114652 - 114690, $179,923.79; H) Building Permit Report not available. Motion carried unanimously.
Steve Lere was present to address the Council regarding the closing off of one of the accesses to his home from 2nd Ave. South. A fence which blocks the access was put up by property owner Brenda Warren. It was determined by the City Attorney that this is not a city issue. This is a civil court and is between the two property owners. No action was taken by the City Council.
Moved by Councilor Schroeder, supported by Councilor Jackson to hold the second reading of Ordinance No. 200:05, An Ordinance of the City of Biwabik Amending Section 200:02, Subdivision 7(e) of the City of Biwabik’s Liquor and Beverages Ordinance. Motion carried unanimously. Page 2 – Regular City Council Meeting May 10, 2010
Moved by Councilor Jackson, supported by Councilor Schroeder to dispense with the reading of Ordinance No. 200:05, An Ordinance of the City of Biwabik Amending Section 200:02, Subdivision 7(e) of the City of Biwabik’s Liquor and Beverages Ordinance. Motion carried unanimously.
Moved by Councilor Swearingen, supported by Councilor Licari, to adopt Ordinance No. 200:05, An Ordinance of the City of Biwabik Amending Section 200:02, Subdivision 7 (e) of the City of Biwabik Liquor and Beverages Ordinance. Motion carried unanimously.
City Administrator Jacobson and the Personnel Committee have presented a resolution that lays out the terms of the incentive for PERA eligible employees to retire. It is based on League of Minnesota Cities recommended practices.
Moved by Councilor Licari, supported by Councilor Jackson, to adopt Resolution No. 2010-07, Resolution to Offer Retirement Incentive
Roll Call: Ayes – Councilors Jackson, Licari, Schroeder, Swearingen and Mayor Weikum. Nays – none. Resolution No. 2010-07 adopted on a 5 – ayes, 0 – nays vote.
Administrator Jacobson explained the changes in the IUOE Local 49 union contract. This is a one (1) year contract, probationary period is changed from 90 workings days to 90 calendar days, safety boot allowance increased from $125 /year to $150/year, work clothing allowance increased from $200/year to $250/year, working foreman will be appointed with retroactive pay to November 1, 2009, there will be a one (1) time payout to the members for the loss of standby and callout pay of $800 each.
Moved by Councilor Jackson, supported by Councilor Schroeder, to ratify the contract with the IUOE Local 49 pending receipt of a signed copy from the union and the City Administrator approves it. Motion carried unanimously.
Moved by Councilor Licari, supported by Councilor Jackson to approve a Building Official Contract with Jim Rothman for building inspection services. Motion carried on a 4 – ayes, 0 – nays, 1 – abstention. Councilor Swearingen abstained.
Administrator Jacobson reported that he has reviewed the terms of the special use permit that was granted to Dale & Jeannette on September 6, 2005 for an automobile salvage yard. It has been determined that the Olson’s have not met the conditions that the permit was granted under. They are required to have a fence on the front and southern side of the lot. Only a partial fence exists. It has Page 3 – Regular City Council Meeting May 10, 2010 become a dumping ground for material that has nothing to do with automobile restoration.
Moved by Councilor Swearingen, supported by Councilor Jackson, to authorize the City Administrator to notify the Olson’s that they have until June 14, 2010 to come into compliance with the Special Use Permit. Motion carried unanimously.
Moved by Councilor Jackson, supported by Councilor Swearingen, to hold the 1 st reading of an Ordinance Regulating Outdoor Sale and Consumption of Alcohol. Motion carried unanimously.
Moved by Councilor Schroeder, supported by Councilor Licari, to dispense with the 1st reading of an Ordinance Regulating Outdoor Sale and Consumption of Alcohol. Motion carried unanimously.
Moved by Councilor Schroeder, supported by Councilor Swearingen, to hold the 1st reading of an Ordinance Relating to Criminal History Background for Applicants for City Employment and City Licenses. Motion carried unanimously.
Moved by Councilor Jackson, supported by Councilor Swearingen, to dispense with the 1st reading of an Ordinance Relating to Criminal History Background for Applicants for City Employment and City Licenses. Motion carried unanimously.
Moved by Councilor Schroeder, supported by Councilor Swearingen, to adopt Resolution No. 2010-08, Resolution accepting concept plan for Public Park at Voyageurs Retreat
Roll Call: Ayes – Councilors Jackson, Licari, Schroeder, Swearingen, and Mayor Weikum, nays – none. Resolution No. 2010-08 adopted on a 5 – ayes, 0 – nays vote.
Moved by Councilor Swearingen, supported by Councilor Licari, to adopt Resolution No. 2010-09, Resolution designating certain areas where the right to park is limited during specified hours
Roll Call: Ayes – Councilors Jackson, Licari, Schroeder, Swearingen, and Mayor Weikum, nays – none. Resolution no. 2010-09 adopted on a 5 – ayes, 0 – nay vote.
Administrator Jacobson explained that we have received notice that our current franchise agreement with Minnesota Energy Resources expires this summer. The current agreement stays in place until a new one is approved. Page 4 – Regular City Council Meeting May 10, 2010
Moved by Councilor Jackson, supported by Councilor Schroeder, to accept the franchise agreement with Minnesota Energy Resources. Motion carried unanimously.
CLIMB Theater was present to request a permit to have charitable gambling operations in the City of Biwabik. The current charitable gambling ordinance states that gambling licenses are limited to charities that operate within Biwabik city limits. Laurie Gluesing from CLIMB understands that the Biwabik Area Civic Association gaming operations have been shut down and it is not known when they will be able to resume operations. The Council took no action to change the ordinance.
Moved by Councilor Licari, supported by Councilor Schroeder, to approve a Special Event for the R-Bar for an outdoor bank on the 4th of July. Motion carried unanimously.
Administrator Jacobson explained that after reviewing the maps created by S.E.H. showing the boundaries of the land that was deeded to the city by the railroad, that there is a private building located on city owned land. There is no record of any lease and St. Louis County does not have the building in their tax records. The options to clear this up are to buy the building form the owner, have the owner remove the building, lease the land to the building owner or sell the land to the building owner.
Moved by Councilor Licari, supported by Councilor Jackson, to send a letter to the building owner letting them know about the issue and set up a meeting with the land use committee and the City Administrator. Motion carried unanimously.
Moved by Councilor Jackson, supported by Councilor Schroeder, to authorize hiring part-time summer workers for the Public Works department. Motion carried unanimously.
Moved by Councilor Jackson, supported by Councilor Licari to donate $100 from the Mayor Contingency Fund to Iron Range Youth for Action to help fund their trip to help build homes for people who lost their homes during hurricane Katrina. Motion carried unanimously.
City Administrator Jacobson received a letter from Naterra Land regarding the Certificate of Completion for Voyageurs Retreat. Before this is issued, Jim Johnson from S.E.H. is going to make sure that everything is in place.
Moved by Councilor Jackson, supported by Councilor Swearingen, to table issuing a Certificate of Completion for Voyageurs Retreat. Motion carried unanimously. Page 5 – Regular City Council Meeting May 10, 2010
Moved by Councilor Licari, supported by Councilor Schroeder, to issue a tobacco license to Lucky Seven Discount Beer & Liquor (Edwards Oil). Motion carried unanimously.
Department Reports: Fire/Ambulance Moved by Councilor Schroeder, supported by councilor Jackson to approve the officers for the Fire/Ambulance Department as follows: Chris Licari, Chief; Jim Licari, Assistant Chief; Marion Delage, Treasurer; LuAnn Make, Ambulance Director; Luke Maich, Training Officer; Michael Woods, Secretary. Motion carried unanimously.
Police Police Chief Skelton reported that the K-9 nationals went very well. Thanks the council for their support.
Public Utilities The water and electric extensions at the beach/campground are almost done.
Public Works Finalizing contract for wastewater with Northeast Technical Services.
Administrative Working on the past building official reports and finalizing the reports and getting them to the County for proper assessing. Two permits have been issued for homes at Voyageurs Retreat.
City Attorney The deed for the park land at Voyageurs Retreat has been recorded.
City Engineer Special meeting is needed to award bids for the relocation along 6 th avenue to the Depot. Moved by Councilor Jackson, supported by Councilor Swearingen to hold a special meeting on May 17, 2010 at 5:45 p.m. Motion carried unanimously.
Audience: Darlene Jackson – Parks Committee is working with S.E.H. for grants
Council: Councilor Schroeder – good turnout for the Biwabik cleanup day – Thanks to all the volunteers
Councilor Swearingen – will be meeting with the owners of the school property. Page 6 – Regular City Council Meeting May 10, 2010
Moved by Councilor Licari, supported by Councilor Schroeder to adjourn the meeting at 8:26 p.m.
______Jim Weikum, Mayor
Attest:
______Jeff Jacobson, City Administrator