City of Dennison

City of Dennison

Regular Council Meeting

September 4, 2014.

The September City Council meeting was held on Thursday September 4th, 2014, at 7:00 p.m. at Dennison City Hall in Dennison, Minnesota 55018.

The Meeting was called to order by Mayor Dan Storlie. Present were Councilor Britt Olson, Councilor John Jadwinski, Councilor Nicole Schloessor and Clerk Jessica Page. Councilor Heidi Cooke was absent.

APPROVAL OF MINUTES

Mayor Dan Storlie move to approve the August 2014 meeting minutes, 2nd by Councilor Jadwinski, and unanimously approved (4:0).

OLD BUSINESS:

None

Administrative Issues:

1.  Czarnecki curb cut issue: The issue regarding the curb cut is at a standstill. Council members have attempted to set up a time to meet with owner/s, and there has been no success in setting up a meeting. It is felt by some city council members that there is a need for a lawyer to be involved with this issue. The City Lawyer has been unresponsive to this issue. Mayor Storlie would like to look at using the firm of Kennedy and Graven out of St. Paul. They might possibly be cheaper than current lawyer costs. The contact person has been Troy Gilchrist.

Councilor Olson asked why spend more money when the curb is already fixed. Mayor Storlie stated because of the legality of doing the curb cut in the first place. Councilor Jadwinski noted that there has been a letter from Attorney Burkhartd stating that the curb does belong to the City of Dennison. Rice County also has stated (in written format) that it belongs to the city. The City is looking for an additional legal opinion.

The area in question also does not meet DOT specifications as noted by the City Engineer.

Ann Laue noted that it is a very reputable firm. She also asked why if you can’t rip up the sidewalk, why would anyone be allowed to rip up the curb?

Mayor Storlie would prefer to deal with a law firm that works with cities. The City could get a bid from the firm for an approximate cost.

Norrie Estrem commented that Warsaw township has worked with them and they have been very good. They come highly recommended, would have no conflicts of interest with private parties, and are very honest with their opinions on issues.

John Czarnecki stated that it is not a City of Dennison issue. Northfield Township doesn’t need a permit because they don’t have curb and gutter.

The question that needs to be answered is who has the legal right to create and maintain a driveway on that property.

One comment was made that it would be nice to see multiple comparisons on prices. Mayor Storlie stated that the price from Kennedy and Graven was $155/hour, and Burkhardt was $165/hour. The
City could use them for this issue and if they are not satisfied with the quality of the work they do, the City does not have to use them again.

Councilor Jadwinski requested that John Czarnecki present to the City the information he has gathered in regards to this issue. John C. stated that the road was done in 2004. In order for adverse possession to occur, it must be 14 years. Therefore the City would need 4 more years for “adverse possession”. Mayor Storlie requested up to date information on the property changes for the land in question.

Ron Mickelson asked is it a designated road? Ron stated it doesn’t have a name. When it was widened, there was no evidence of imminent domain.

Mayor Storlie commented that it appears that information and homework has been done, but has not been shared with the City. John C. was asked if he would meet with Councilors Cooke and Jadwinski and agreed to do so.

Dan move to use Kennedy and Gravel as the law firm for future references for the City of Dennison. Councilor Jadwinski second. For: Mayor Storlie, Councilor Jadwinski, opposed: Councilors Schloesser and Olson. Ann Laue informed everyone that in the event of a tie, the Mayor gets the deciding vote. Councilor Olson asked if there will be a cap on the amount of money spent. Norrie Estrem called for the vote. . Since the mayors vote was yes, the motion passed 3:2.

2. Investigation into distribution of a resume of a job applicant for the clerk position and verbal defamation by a city council member. Councilor Olson stated that there needs to be physical proof of the infraction and a written complaint needs to be filed.

3. Review of complaints received by the city.

Vickie & Charles Kadrlik Complaint: Vickie stated she has been waiting to see what is going to be done. Mayor Storlie was at the last Clutchmen meeting. He said it was agreed that the fence will stay in the form it is currently in and Clutchmen will be add screening. The Clutchmen had stated it is a money issue and they will figure out what to do and then have to figure out how to raise funds for it. Vicki requested the City give Clutchmen’s a timeline to get the work completed by. She also said there are vehicles and junk in the yard, a truck on a trailer and she hasn’t seen improvement in 12 years. It was stated that the number one priority right now was to block the vision. Vicki also asked about unlicensed vehicles. Don’t they need licenses?

Sometime between 1997 and 2000, the Clutchmen had been sent a letter. They did a clean up of the property, and were asked to park their cars as they are currently parked. The fence was also part of the issue at that time. All was good with the city when the Clutchmen were finished.

Starr Mickelson Complaint: Gillispie complaint: City Ordinance 69 states that home business are allowable, with no more than 20% home business, 80% residential. There is no manufacturing going on. This is currently within the limits of the ordinance. Maintenance is ok to do in the yard/driveway. There is an idling limit of 20 minutes. If a person is sleeping in the vehicle, it can idle longer. Trailer can only be for delivery/pickup and driver must have a bill of lading.

Paul Nygaard: This has been an ongoing issue and Paul N. has been continuing to work at it. He has been under some time constraints due to OT at his place of work. He stated it he plans on having it all done by winter. There will be nothing on the ground. He is busy moving things out of his sheds, dispersing and donating the items. One resident stated that she is impressed with how he has cleaned things up. Another resident stated that he has assisted many other residents of the City of Dennison with his mechanical knowledge free of charge.

Ron asked if there was a process in place to change it to a commercial property. Norrie Estrem noted that they had previously had the lot next door listed as commercial property. She said it costs anywhere from 25 to 40 times the cost of residential property to be commercial, and that there needs to be a legitimate business need to have it listed as commercial property in order to support the increase in taxes.

Cheri Bogue Complaint: These were the same issues with idling that were addressed in Starr Mickelson’s complaint.

New complaint form filed with City: Britt Olson has an issue with the mobile signs placed at the corner of Co. Road 9 and Goodhue Ave. He said it was moved back so the line of sight was clear to see oncoming vehicles. He dumped his bike on Friday because he couldn’t see on-coming traffic. It was asked if the sign has been moved every 30 days as the ordinance states for temporary signage? The owners of the sign would still be culpable for damages incurred if the sign isn’t properly placed. (Meaning if the sign was moved back to allow for seeing traffic, then moved forward into the line of vision by someone else, the owner would still be culpable.) It was asked if the sign was moved back so it’s out of the line of vision.

A letter will be sent to Joe stating that the sign needs to remain out of the obstructed line of vision. Also Council member(s) should go down with the owner, make sure it is not obstructing drivers line of vision, then make permanent marks or put a stake(s) out to mark the proper location. Councilor Jadwinski and Mayor Storlie will go down and look at on Friday.

It was suggested that the Council create a standardized way to deal with complaints, and also a faster way to deal with safety issues.

4. Moved to Mayor’s issues.

5. Reviewed filings for office.

6. Liquor licenses due on October 15th. Councilor Schloesser says that as a bar owner it is too short a notice to get that information together. She thought they had previously been due Dec. 1 with the money due on Dec. 31. This should be done at the next meeting. It was stated that insurance documents are needed and there needs to be time to do the background checks and this can be an issue as everyone else trying to get background checks done at the same time.

7. Dan move to use the current credit on the Central Valley coop account to prepay for 1367.9 gallons of lp at $1.579/gallon. Britt second. Motion passed unanimously.

8. Will need to set up a special meeting to approve the preliminary levy. Once that preliminary levy amount is set, it can only be lowered, not raised. When looking at items for next years budget, look at the park needing wood chips, the cost of doing the floor for City Hall. Councilor Jadwinski will be gone the 21-28.

9. Mayor Storlie move to approve the use of City Hall by the Dennison Lions Club for the youth community Halloween Party on October 31, and for Turkey Bingo on November 22. Motion was seconded and approved.

10. Clarification needed on council member pay. There is a discrepancy and needs to be clarified.

Mayor Storlie move to accept a resolution setting pay at $50 per month for council members and $100 per month for mayor for regular meetings. Even if a member misses a meeting, they are still paid this amount per state statute. Pre-approved special meetings as well as pre-approved traveling meetings with be paid at a rate of $35 per council member (includes the mayor). Councilor Olson second. Motion to approve resolution passed unanimously.

Mayor’s Issues:

Mayor Storlie move to donate $300 to the Dennison Lions and $200 to the Clutchmen to help pay for expenses with Dennison Days. This money would come out of the gambling fund monies. It was asked why the City would donate money to the Lions/Clutchmen. It was explained that previously the City had paid for various costs such as portable toilets for Dennison Days. Two years ago the Council told the Lions to pay for everything and the the City would donate an amount to help cover expenses. Vicki Kadrlik stated that she didn’t agree with the donation to Clutchmen because why would the city help to fund them to fix the fence. Norrie Estrem pointed out that the Truck/Tractor pull that the Clitchmen put on every year brings a large number of people to town for Dennison Days, and then those people filter down to the other activities and business’ in town. The fencing and Dennison Days are two separate issues. Councilor Schloesser move to donate $300 to the Dennison Lions Club and $200 to Clutchmen. Councilor Jadwinski second. Motion passed unanimously.

UTILITIES

Bids were received and meeting held on August 26. A final decision was not made on bids as the engineer from Stantec, Tom Dye, had some suggestions for alleviating the issues with the pH levels. The council approved Tom to submit a letter to the PCA with some proposals for other potential solutions to the issues with the pond, and are hoping to arrange a meeting with all relevant parties as soon as possible to review these other possibilities. Bids from contractors are good for 60 days and council is hoping to work within this time frame to have the plan in place.

Paul reported that they are looking at adding acid to try to balance the pH, or potentially using soybeans to balance it also. Stantec is working on writing up a proposal to do this. The banks around the sewer pond must be cleaned up.

An estimate for the cost would be about $600-900 per day for chemicals on an as needed basis. The sewer side of the utility bills may see an increase. By using the chemicals to balance the pH, it may negate the need to replace the rip rap in the pond if the pH levels can be maintained at the required levels. There are several issues that may come into play with this approach. The use of sulphuric acid could raise mercury levels. The PCA can change requirement. It could possible put us into a different category, thus increasing the needs of the operator. Using the last three years as a guide, it is estimated that the chemical cost per year would be around $5000.

CITIZENS ISSUES

Ann Laue suggested the need to resurrect the planning commission to deal with issues that have been coming up. The council would need to start over with establishing a committee and there should be an ordinance in place to follow. If a council member attended the planning commission meeting as the council liaison, it would be considered a special meeting.

Paul Nygaard was asking about a building permit. He would like to extend the sidewalk at 37625 3rd Ave by 4 feet to go from the sidewalk to the curb. He would also improve any bad areas of the current sidewalk right in that area. Since it is under $100 for the cost, he would not need a permit. Mayor Storlie move to allow, Councilor Schloesser second. Motion passed unanimously.

Neil Wilson has had lots of trash blowing in to his yard. He would like for Joe to put up a fence to meet the ordinance that separates retail from residential areas.

Paul Gillispie asked if there was anything more about closed meeting leaks.

Tree at Elfman residence will be removed as it is rotten.

Need to start advertising for snow plow bids.

Was there ever a reply from the Insurance guy in regards to Paul’s tools? Will review email from insurance agent at the mid-month meeting.

Request to include last initials for Paul’s as there are multiple Paul’s involved with the meetings.

TABLED AGENDA

Annexation: Nothing.

PAY BILLS

Councilor Olson moved to pay the bills, 2nd by Councilor Schloesser and unanimously approved (4:0).

ADJOURNMENT

Councilor Schloesser moved to adjourn the meeting, 2nd by Councilor Olson and unanimously approved (4:0). Meeting adjourned at 9:35.

Next Meeting October 2, 2014. 7 p.m.