MINUTES REGULAR CITY COUNCIL MEETING

SEPTEMBER 11, 2002

Mayor Jeff Thompson called the meeting to order at 6:00 p.m. Council members present were Harlan Beek, Dave Peschong, Dennis Zimmerman and Jean Soine. Others present were Steve Helget, City Administrator; Pete Carlson, SEH; Jennifer Welling, Secretary; Ron Mergen, Public Works Director; Mike Jacobson, Paynesville Press; and Jackie Braun.

The Pledge of Allegiance was recited.

Thompson reviewed the consent agenda items that included a motion to approve the minutes from the following meetings August 28, 2002 Regular City Council, July 30, 2002 Finance Committee, July 23, 2002 Human Rights Commission, August 14, 2002 Park/Tree Committee, July 31, 2002 Public Works Commission, August 19, 2002 Special City Council Cable Meeting, and July 15, 2002 Planning Commission.

A motion to approve vouchers #60231 - #60235 in the amount of $361,841.26 and vouchers #60270 - #60325totaling $105,853.33. Payroll vouchers #60236 - #60269 equaling $21,533.20, void #60260 - #60263. ACH on 9-5-02 for Federal Withholding in the amount of $5,100.27 and State Withholding totaling $940.39.

A motion to approve the appointment of Siegmund Pfeiffer to the Human Rights Commission, effective immediately.

A motion to approve payment to Safe Assure Consultants, Inc. for $4,104.00 for 2003 safety training.

Motion was made by Soine to approve the Consent Agenda. Seconded by Peschong and unanimously carried.

CROW RIVER TRAIL GUARDS - RENEW GAMBLING PERMIT

The Crow River Trail Guards are renewing their Gambling Permit at Koronis Lanes.

Motion was made by Peschong to approve the Gambling Renewal Application and Resolution 2002-48 Approving Minnesota Lawful Gambling Premises Permit Renew Application for the Crow River Trail Guards. Seconded by Soine and unanimously carried.

(Please see Attachment #1 – the above-referenced Resolution which has been made a part of these minutes.)

TRUTH IN TAXATION PUBLIC HEARINGS

It is time to set the public hearings for the 2003 proposed budget and tax levy. It was suggested the first public hearing be held on Wednesday, December 4, 2002 at 6:00 p.m. with a continuation public hearing (if needed) to be held on December 11, 2002 at 6:30 p.m. and adoption of the budget at the Regular City Council meeting on Thursday, December 26, 2002. Motion was made by Zimmerman to set the Truth In Taxation Public Hearings for Wednesday, December 4, 2002 at 6:00 p.m. and December 11, 2002 at 6:30 p.m. at Paynesville City Hall Council Chambers. Seconded by Soine and unanimously carried.

EDAP’S COMPREHENSIVE PLAN CONTRIBUTION

EDAP has reviewed the need for the completion of the Comprehensive Plan and has approved to pay $9,000.00 towards the completion of the plan and recommended such to Council. Motion was made by Beek to transfer $9,000.00 from the EDAP Fund to the General Fund Planning to help pay for the Comprehensive Plan. Seconded by Zimmerman and unanimously carried.

CAL DAVIDSION – LAKE AVE. ROW HOUSE

Cal Davidson submitted a letter requesting a continuation of Conditional Waiver of Special Assessments on his Lake Ave. Row Houses formerly known as the “Old Mill Property” until October 31, 2002. There was a short discussion on if Davidson was paying for street assessments and Mergen stated yes. Also on how many times the Council has approved a Conditional Waiver.

Motion was made by Beek to approve the Conditional Waiver of Special Assessment until October 31, 2002 for Cal Davidson’s Lake Ave. Row House (Old Mill Property). Seconded by Soine and unanimously carried.

LIQUOR STORE – PURCHASE OF CHILLED WINE COOLER

The Liquor Store is in need of a new Chilled Wine Cooler as the existing one is no longer in working order. The Municipal Off-Sale Liquor Board has reviewed the estimates for coolers and recommends to Council to purchase the GDM-49 in the amount of $2,405.00.

Motion was made by Peschong to purchase a GDM-49 Chilled Wine Cooler in the amount of $2,405.00. Seconded by Beek and unanimously carried.

LMC 2002-2003 MEMBERSHIP DUES

The League of Minnesota Cites Membership Dues are up for renewal. The League Board approved a 3% due increase from last year. This year’s membership dues total $1,733.00.

Helget stated that the dues are an increase of $70.00 from last year.

Zimmerman commented that the City receives a benefit from the dues.

Motion was made by Zimmerman to pay $1,733.00 to the League of Minnesota Cities for 2002-2003 Membership Dues. Seconded by Peschong and unanimously carried.

PRELIMINARY 2003 BUDGET AND PROPERTY TAX LEVY

The 2003 preliminary property tax levy has to be certified to Stearns County by September 16, 2002. The staff’s recommendations for the 2003 Budget along with 2002 budgeted figures are as follows:

2002 Budget - $1,399,513.00 2003 Proposed Budget - $1,418,626.00 Budget Increase is $19,113.00 or 1.4%

Some changes are due to the copy machine purchase in 2002, no seal coat project in 2003 and Helget’s time in the EDAP Department has decreased.

2002 Property Tax Levy - $430,614.00 2003 Proposed Property Tax Levy - $483,209.00 Levy Increase is $52,595.00 or 12.2%

Helget stated that in 2003 the City’s local government aid is projected to decrease $9,029.00. Given the current state of the economy, the League of MN Cities recommends cities plan for possibly further reductions in LGA disbursements in 2003. This has been taken into consideration in the preliminary budget.

Motion was made by Zimmerman to approve $483,209.00 preliminary property tax levy for 2003. Seconded by Soine and unanimously carried. Thompson commented that this preliminary tax levy amount could go down, not up.

SHINGLING PERMITS

Helget reported that the Planning Commission recently discussed why a building permit is needed for roof re-shingling. An excerpt from the State Uniform Building Code identifying the items that are exempt from the requirement of having to obtain a building permit for was reviewed. It was questioned what the City’s Building Inspector inspects for re-shingling jobs? One of the main items is the condition of the wood underneath the shingles to ensure all rotten wood is replaced. The question was raised as to whether or not the inspector gets around to inspect all the re-shingling jobs before they are completed. The consensus was that he does not. Therefor the Planning Commission recommended to Council to not require a Building Permit for re-shingling a single-family residence commencing in 2003.

Zimmerman stated that there are inconstancies in inspections being completed.

Peschong commented that the reason the City went to requiring shingling permits is that residents were changing the pitches of the roof which is separate from shingling and needs a permit. Thompson also added that the permits give Assessor, Bob Lindvall a notice of improvements being made to the home for property value purposes.

Beek added that residents can’t wait for an inspector when roofing.

Zimmerman stated that other communities are not enforcing shingling permits.

Jackie Braun commented that it makes no sense to permit shingling when one is not changing the structure. The city of Litchfield does not require permits for shingling.

Helget added that the Building Code requires a permit, but the state does not enforce it. He visited with the Building Inspector and he indicated that the State might adopt an International Building Code this fall and enforce permitting for shingling, windows, and siding.

Motion was made by Zimmerman to not require a Building Permit for re- shingling a single-family residence commencing in 2003. Seconded by Soine and passed 4:1 (Thompson, Aye; Soine, Aye; Beek, Aye; Zimmerman, Aye; and Peschong, No).

AMPE MORNINGSIDE DEVELOPMENT/SOUTH STREET EXTENSION

Carlson reported that the shoulder is built and is being paved as we speak. The State will complete the stripping thereafter.

Thompson questioned the need for a light at the shoulder and who would be liable if an accident happened? Carlson stated that the Contractor carries insurance for those cases.

Beek questioned the drainage in the development? Carlson stated that drainage would be corrected.

Carlson informed the Council that he had the Contractor re-slope the south pond to make the edges less steep. This will not eliminate the concerns the property owners have, but may help.

Thompson asked if the Public Works Committee is still considering the safety concerns? Mergen said yes, and they should have a recommendation for Council by the first meeting in October.

MICHAELIS OLMSCHEID ADDITION/LAKE AVE./HWY. 124/MORNINGSIDE STORM WATER IMPROVEMENT PROJECT

Carlson had nothing to report. PAYNESVILLE REGIONAL AIRPORT

Peschong reported that the Paynesville Regional Airport Commission has elected officers and assigned terms. Helget reported that the judge has signed the land acquisition papers therefore the court appointed Commission, who will determine the value of the land the city has acquired, will meet, be sworn in and elect a Chairperson. They will begin by visiting the property with the first hearing scheduled for November.

TEMPORARY LIQUOR LICENSE RULE MEETING

Helget reported that at the meeting members were unable to identify when an officer should or should not be present at an event. With that in mind the rules stands as is and for any Temporary Liquor License a officer will need to be present for the event.

WILGLO ACRES DEVEOPMENT – FINAL PAYMENT

Carlson had reviewed the Final Payment Application No. 7 in the amount of $33,526.21, payable to R. L. Larson Excavating, Inc. and recommends approval.

Motion was made by Zimmerman to approve Application For Payment No. 7 (Final Payment) in the amount of $33,526.21, payable to R. L. Larson Excavating, Inc. Seconded by Peschong and unanimously carried.

INFORMATIONAL

Thompson reviewed the informational items that included August Police Report, Future of Hwy. 23 Meeting Invitation, August Liquor Store Report, and Initiative Foundation Letter.

There being no further business the meeting was adjourned at 6:51 p.m.

Steve Helget, City Administrator