APPROVED

REGULAR COUNCIL MEETING

1-11-12

Council Present: Lee, Pavelka, Broadwater, Schmoker

Excused Absent: Sattre

Others Present: Susan Harris, Gary Gile, Justin Leonhardt, Jessica Bruce, Jeff Arens

The meeting was started with the Pledge of Allegiance at 6:30 PM

The year 2012 resolutions for all designations were presented for discussion and approval.

Resolution 2012-01 Organizational Resolution: Schmoker discussed being ok with all it states except for the city attorney, Schmoker questioned the ability for Kellogg to seek new legal council referencing how the whole buy out was handled. Lee commented that it was not the attorney’s fault entirely for he was left out of the loop along with Harris during the initial stages of the meetings with the State and the Feds. Lee felt that both had a lot of catching up to do and lee felt that the attorney handled it to the best of his ability. Schmoker stated that he felt that the city attorney handled an email inappropriately to him and for that he questions the ability to do his job. Schmoker asked what our other options were, and Pavelka stated that we could look in Plainview but does not think we will get any better one. Broadwater commented that from his point of view, if Harris is satisfied with him and feels they can work together for she works with him the most then he has no problem with him. Lee stated that he has been very fair with his rates. Pavelka stated that he does know Kellogg and to bring another in at this point they would have a lot of research to do. Harris commented that she has only worked with Jarstad and no other attorney so she is happy with his performance. Some discussion occurred. Schmoker stated that he realizes that the attorney has been with the city for a long time and he does respect that fact and he is not sure if anyone else out there would even want to represent Kellogg. Pavelka stated that with the amount of services Kellogg has he doubts that any big attorney would want to represent us.

MOTION BY BROADWATER SECOND BY PAVELKA TO ACCEPT RESOLUTION 2012-01 DESIGNATIONS ADDING PAVELKA AS THE ACTING MAYOR AND ATTORNEY JARSTAD FOR THE CITY. AYES: PAVELKA, BROADWATER, LEE. NAYE: SCHMOKER. SATTRE ABSENT MOTION PASSED.

Next on the agenda was the 2012-02 resolution defining the council code of conduct.

MOTION BY PAVELKA SECOND BY BROADWATER TO ACCEPT RESOLUTION 2012-02 COUNCIL CODE OF CONDUCT. AYES: ALL. SATTRE ABSENT. MOTION CARRIED.

FIRE REPORT:

Arens was present and discussed the 10% matching grant for the radios and pagers. Arens stated that Kellogg’s portion will be $5040.14 for the fire department and $1736.14 for the First responders for a grand total of $6776.28. Harris stated that she talked to the Ron Johnson who is the administrator of the grant and the administrator of the City of Lake City, and the check for the total amount should come from the fire department. Harris wrote the check for the entire amount out of the KFD account and wrote a check for the $1736.14 from the First responders to the fire department for their portion. Arens then asked permission from council to transfer the amount of $5040.00 from the MMSA to the KFD account for payment of their equipment.

MOTION BY PAVELKA SECOND BY BROADWATER TO TRANSFER $5040.14 FROM THE MMSA T & E TO THE KFD GENERAL FUND FOR THE PURCHASE OF THE EQUIPMENT. AYES: BROADWATER, PAVELKA, AND LEE. SCHMOKER ABSTAINED AND SATTRE WAS ABSENT. MOTION CARRIED.

Lee stated to Schmoker that he does not have to abstain on all dealing of the KFD just because he is a member that the law states that he should abstain if he were an officer which he is not. Schmoker stated that when he went to the LMC class it was suggested that he abstain not mandatory and that by doing so is his own choice.

Next on the agenda is the transfer of the $12,200.00 from the township contracts from the KFD account to the MMSA account.

MOTION BY SCHMOKER SECOND BY PAVELKA TO TRANSFER THE $12,200.00 AS STATED IN THE TOWNSHIP CONTRACTS TO THE T & E ACCOUNT FROM THE KFD GENERAL FUND. AYES: SCHMOKER, PAVELKA, BROADWATER, AND LEE. SATTRE ABSENT. MOTION CARRIED.

Arens then commented to council that after talking with Troy Schneider with the KFDRA, Arens asked him to run some spread sheets to increase the members benefit from $680.00 to $700.00 and not leave the city with a shortfall. Arens stated that it was decided after the spreadsheets it was all ok and would not leave the city in a bind with a shortfall. For Schneider went all the way to $795.00 with no issues for the city but all Arens is asking for is a $20.00 per member benefit increase from the council. Arens also commented that this is the first year that the department rolled over a part of their meetings and trainings to their retirement and those figures are not included in this number. Arens feels that they are all safe, Lee commented that the KFD can vote this in and if there is a shortage is when the city would have to pitch in, lee asked for a motion.

MOTION BY BROADWATER SECOND BY PAVELKA TO INCREASE THE KFD MEMBERS RETIREMENT FROM $680.00 TO $700.00 YEARLY FOR SERVICE RETIREMENT BENEFITS. AYES: BROADWATER, PAVELKA, AND LEE. ABSTAIN: SCHMOKER. ABSENT: SATTRE MOTION PASSED.

Arens then reminded council of the annual fire board meeting coming up Wednesday the 18th, starting at 7:30 PM in the fire hall.

The fire department then presented a raffle license for their benefit to be held on March 31, 2012.

MOTION BY PAVELKA SECOND BY BROADWATER TO APPROVE THE RAFFLE LICENSE TO THE KFD TO BE HELD ON MARCH 31, 2012. AYES: BROADWATER, PAVELKA, AND LEE. ABSTAIN, SCHMOKER. ABSENT SATTRE. MOTION PASSED.

Pavelka asked Arens if he has received the radios yet and he commented no, but they are in the county’s possession but not been programmed as of yet that he knows of. Arens then stated when the department does receive them they are going to have to call whitewater wireless to install them in the trucks and that will be an additional expense that Arens is going to recommend come out of the T & E when that gets here.

KLS REPORT:

Bruce was present and commented just how good her bartenders have been and the sales reflect that, stating that the KLS made money again this last month. Bruce commented that the audit went well. She also commented that she has nothing coming up in the bar until march when she is thinking of hosting a bean bag tournament for the Hiawatha humane society and would like to have a bean bag tournament in the gym unless someone disagrees with that. She also has the band Backlash hired for that night as well. Backlash is a band that brought in a lot of people and they have been requested to come back by the public and that they are local. Pavelka commented that he does not have a problem with it if Leonhardt looks over the bean bag boards so they won’t scratch the floor in the gym and that people bring the appropriate shoes along. Schmoker asked if she was thinking of having the boards on the stage or the floor and she commented on the floor. Pavelka asked if the negative number was that for the year, and if in Leonhard’s spreadsheet was going to be able to backed out of the KLS expenses and Harris stated that it what they have done every year and that is what the auditor means by Before Transfers Out. Lee commented that by this spreadsheet the KLS has covered just over &7000.00 in expenses on the complex. More will be discussed in park report. Harris stated keep in mind that there is MMSA money that is an interest baring account and that no actual monies have been placed in it and the council can do what they want with it. Bruce commented that if the Kellogg Rocks would have went as well as it had in the past the number would not be this low. Lee asked about the last three months and if they were all positive months and Bruce commented yes, and that August and September would have been also but she ordered large amounts of beer at a discounted price to sell for off sale. Bruce commented that January has started out better than years past without the snowmobilers and contributes it to the staff, they are clean and friendly and people are enjoying going in there again. Lee asked who they all are again and she stated, Hali Peterson, Jeremy Binner, Mary Eversman, George Wood, and Janice Lamey, stating that she is working a skeleton crew right now for Lamey and Wood only pick up on occasions, she commented that she does have an application from a woman Trisha Owen from Plainview she is thinking of trying out to fill the gaps. Pavelka asked if we do back ground checks and Harris stated that they do not but they do call all references and Bruce commented that she can also use face book and learn a lot about a person in that way as well.

POLICE REPORT:

No police were present but Lee commented that they have some 23 applications for the Chief Job and have not hired yet. All but two city officers and one county officer applied the rest are all from other places. Schmoker asked if the police contract was still good and Harris stated that it is from June to June every year so yes. Harris stated at that time it has been a 2% increase upon renewal. Lee stated that what Kellogg will need to do is when they hire a chief we need to know what they are paying them because there idea of letting Dave go was to cut back on their budget why should we be given an increase and Pavelka agreed. Harris will wait until the new person is hired and then the mayor and she can renegotiate the price at that time.

WATER / SEWER REPORT:

Gile was present with no report and no questions from council.

KAFR:

The KAFR hired three new members for they lost three members in 2011 Mike Halverson and Ashley Kowalk, and Chris Harris, and possibly may loose three this year for retirement. The three new members are local and available during the day time hours to help offset Harris and Bruce that are the day time response now and all three have medical backgrounds and have roots in Kellogg so will be staying. The members are as follows: Danielle Sorenson, Jackie Heins, and Jada McNallan. They will start when the classes are set up by the ambulance. At the time of them finishing the training requirements it is a policy of the KAFR that they are on another 6 (six) month probationary period with other members. Lee asked what the cost is and Harris stated that she does not know what that will be yet but they will come to council when they do know. Harris commented that every two years the members have to go through a refresher course and that is scheduled for this year as well, and that is one reason that they are considering hiring now so that all can be on the same refresher scheduled years.

PARK / GYM /STREETS REPORT:

Leonhardt presented a spread sheet that he has designed to show all utilities in the KLS complex and asked council if they had any questions or if they all understood it and Lee commented that it is pretty self explanatory and thanked Leonhardt.

Harris stated that these figures are for usage not purchased so keep that in mind. The total amounts could be higher or lower for fuel, but the electric is right on. Pavelka asked if they are using less fuel less than last year and Leonhardt commented yes the USPO is using less fuel and electric due to all the upgrades to the system there and the repairs like removing the window etc. and the weather this year of course but also keep in mind that last spring it was brutal as well. The gym has used over 400 gallons less fuel as well thus far. Leonhardt then stated that he received a call from a man that had some community service to do and wanted to know if anyone had anything for him to do for he does not. No One could think of anything, but will keep it in mind. Some discussion occurred.

P.C. COMMITTEE

No report

CONSENT AGENDA

MOTION BY SCHMOKER SECOND BY BROADWATER TO APPROVE THE MINUTES FROM THE REGULAR COUNCIL MEETING ON 12-28-11. AYES: ALL, MOTION CARRIED.

MOTION BY BROADWATER SECOND BY SCHMOKER TO APPROVE THE ACCOUNTS PAYABLE WITH CHECK NUMBERS: 93458-93483. AYES: ALL, MOTION CARRIED.

COUNCIL ADDRESSEES:

OTHER BUSINESS:

Schmoker asked if anyone was a lion’s member and Harris and Bruce commented that they both are, so Schmoker asked them if they would go to the next meeting and ask if they wanted to take the Xmas lights back. Harris will call Wanda Lee and place it on the agenda. Schmoker stated that it was decided at the last meeting that no one really knows who has them and Pavelka commented that years ago they were donated to the city and Lee stated that all the years when he was involved it was all done through the lion’s club and replacement bulbs were purchased through the city so it was a joint effort as he remembers. Harris stated that all the years she has been a member it has been frustrating for all the monies are going elsewhere and not to the city for example the ball field shed that was supposed to be replaced still has not and she voices that at the meetings. Schmoker isn’t asking anyone to do anything he just wants someone to take ownership for them, for they are in need of repair and replacement and he feels some organization needs to take this all over and not wait for the season to come. Schmoker stated that in his opinion they are junk and doesn’t know how else to state it. The ones down Dodge are good the rest are not. Harris will place it on their agenda. Broadwater commented that if they end up staying with the city at least we know who are going to take care of them. Gile suggested that if no one wants them he and Leonhardt will take them over and get them fixed and up and down. Harris reminded council that there is monies that were donated for replacement or new also. Lee asked Arens if when Hall puts them up or down if he charges the department and Arens stated no. The only monies he charged were for the replacement of all the photo eyes. The Lion’s meet the first Thursday of every month and will discuss it with council after their meeting. Some more discussion occurred. It will be tabled until then.