Minutes of the regular November 13, 2007 Motley City Council meeting
REGULAR MEETING - MOTLEY CITY COUNCIL
MOTLEY MN November 13, 2007
Pursuant to due call and notice thereof, Mayor Alexander called the meeting to order at 7:00 p.m. with the following council members present: Steve Johnson, Nancy Nieken, Rob Sampson and Bruce Mills. The meeting took place at city hall.
The following persons were present for all or part of the meeting: Wayne Barros; Troy Davis; Dawn Timbs; Cliff & Lydia Goodwater; Greg & Melodie Weber; Ron & Betty Starke; Brian Madison; Mitch Tavares; Al Yoder; Peter Vogel; Ginger Olson; Carmen Hehl; Gary & Nancy Sampson; Sharon Stone and Marvin Swecker.
The pledge of allegiance to the flag was given.
Sampson moved, with a second by Nieken, to approve the consent agenda as follows:
A. Outstanding Bills - Claim # 4024 – 4067
Check # 24587 – 24616
Check # 12271 – 12277
B. Minutes of the Regular October 23, 2007 meeting
C. Employee Leave Report
D. Resolution # 2007-19 – Donation MFDRA
Troy Davis asked why resolution 2007-19 did not include a statement that the donation was for the truck fund. The clerk stated that the check did not state what it was intended for. Resolution #2007-19 was amended with the addition of the statement that the donation was intended for the future purchase of a new fire truck. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.
Mayor Alexander recessed the regular meeting at 7:05 p.m. and called the Public Hearing on utility assessments to order. After confirming that there were no persons present to discuss their utility assessments, Mayor Alexander stated that he had been approached by a representative of the American National Bank of Minnesota. The bank is the current owner of the ElRay property and the representative was asking for a waiver from the city council on the pending assessments for utilities used by the former occupants. Smith stated that city ordinance reads that the utility charges remain with the property and the bank is responsible for the payment. Concerns were expressed about setting a precedent with waiving this for one and not the others. MN Limited, Inc. is in the process of leasing a portion of the property from the bank and according to Alexander the bank was not willing to follow through with the lease unless the charges were waived. The mayor viewed the possibility of the lease by the pipeline company as an economic boost to the community as a whole and he informed the council that when pressured with a timeline, he had told the representative that if the city council did not waive the charges he would pay for them himself. Other comments were as follows:
Mills –
~ Normally would say not to do this.
Nieken –
~ We should have had a meeting about this a week ago.
Johnson –
~ We don’t want Alexander to have to pay for this.
Sampson –
~ Doesn’t like the precedent it would set.
~ The mayor made his decision and I don’t see any reason to change the way we handle this.
Mayor Alexander closed the public hearing and reconvened the regular meeting at 7:15 p.m.
Nieken moved, with a second by Sampson, to certify the unpaid utilities to Morrison County as presented without a waiver for the bank. Mills, Nieken, Johnson and Sampson voted aye, Alexander nay.
Aric Welch, Widseth Smith Nolting reviewed the improvements to Third Avenue and recommended that Mark Frisk or the city should re-seed the area of shouldering in the spring to avoid erosion. A memo from Welch was also received stating that the paved portion of Frisks privately owned section of Third Avenue meets the structural requirements of the City.
Alexander moved, with a second by Johnson, to accept the Warranty Deed for the private road with the stipulation that Frisk be required to repair any erosion and re-seed the shouldering area in the spring and to approve the recording of the deed at the Morrison County Recorder’s Office. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.
Attorney Peter Vogel addressed where city personnel files should be kept and data practices. An email to Vogel containing information from a human resource specialist at the League of Minnesota Cities was presented. The memo stated that the best practice for keeping personnel records is to keep all of the files in the same location and they should be kept with the designated authority. The memo also went into detail on data practice and how the information can be viewed. Vogel stated that what the LMC recommends is not the only way to handle the files however he believes that it is the most conservative and the best way to keep the city the safest. He went on to say that data practice is a tremendously complicated system and it is easy for a city to get themselves into trouble therefore it makes sense to have one person responsible. Vogel emphasized the importance of passing a resolution designating someone as the Responsible Authority. Smith has assumed the role of Responsible Authority although she has not officially been appointed.
Sampson moved, with a second by Alexander, to appoint a responsible authority and make it an appointment in January of each year. There were questions regarding designated authorities and a compliance official. Mills stated that he would persuade and encourage the Responsible Authority to designate authority to others. Alexander stated that the compliance official and responsible authority can be the same person. Vogel stated that as the City of Motley doesn’t have that many employees to pick from, it doesn’t make sense to separate the functions. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay.
Smith stated that prior to the council appointing the responsible authority she wanted them to know that she would be hesitant to designate anyone because of past incidents in which she believes previous department heads have released information that she deemed confidential.
Sampson moved, with a second by Johnson, approving Resolution #2007-20 appointing Terri Smith as the Responsible Authority. Mills stated that he believes Smith has done an excellent job and takes it very seriously. Upon roll call vote, Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.
Alexander moved, with a second by Johnson, appointing Terri Smith as the Compliance Official and a requirement that this position be appointed in January of each year. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.
Vogel informed the council that before a person could be appointed as a designated authority they would need to receive training so that they would know what is private and confidential.
Carmen Hehl, Eastwood Apartments, was present to ask for the help of the city council regarding garbage from a neighboring business. She stated that she is tired of picking up the trash that blows over to the apartment complex. The council asked her to take photos and bring them forward. She also questioned what could be done about what she described as “undesirables” that visit the apartment complex. She asked for the police department to patrol in that area more often. She was told to monitor the cars, get vehicle make and model and license plate numbers when possible.
Fire Chief Troy Davis informed the council that the mutual aid agreement with Cuyuna Range Fire Chief’s Association had not been finalized. This will be brought back to the November 27th meeting.
Nieken moved, with a second by Alexander, to hire Todd Judd and Glen Sutton as firefighters contingent on the results of their physicals. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.
Sealed bids for the 1994 Ford F350 were opened. The results are as follows:
~ Michael & Becky Roelofs $ 4,610.00
~ Glenn Olson $ 3,650.00
~ Robert Koland $ 15,100.00
Alexander moved, with a second by Sampson, to accept the bid of Robert Koland in the amount of $ 15,100.00. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.
Barros reported that the maintenance department had winterized the ElRay Motel. Alexander asked if the boiler had anti-freeze in it and Barros answered “no”. The
maintenance department did not drain the water heater and stated that there is approximately 8-9 hours of city employee time invested so far. Barros stated that he will be
out on November 26th and 27th. One of the dialer systems has been installed but is not yet hooked up. The other is hooked up but not yet insulated.
Alexander informed the council that Interim Police Chief Gae Davis had resigned effective November 11, 2007. Comments were as follows:
Nieken –
~ Why wasn’t the council notified right away? When Weitemier resigned we had an emergency meeting.
~ Why wouldn’t you (Sampson, Mills) have called me?
Alexander –
~ It was Sunday, Monday was a holiday and today we had a meeting.
Mills –
~ You (Nieken) are the police liaison. We can only call one council person.
~ The letter of resignation was in your box around noon on Sunday.
~ The story for the last chief’s resignation changes when it is off the record.
Sampson –
~ I got calls from our officers that didn’t know what was going on.
~ I agree with Bruce, we can’t call council members.
Officer Madison asked if the resignation letter could be read aloud and Alexander did so.
Alexander moved, with a second by Johnson, to accept the resignation of Gae Davis effective November 11, 2007. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.
Officer Tavares stated that he felt Davis could have told the officers what she had done. “I had to find out when I signed on”, stated Tavares. Alexander agreed it wasn’t done very professionally. After another outburst from the audience, Sampson reminded Alexander that comments should be limited to Public Forum.
Nieken moved, with a second by Sampson, to approve the application for Exempt Gambling in the city limits for St. Michael’s Catholic Church on March 16, 2008. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.
Sampson moved, with a second by Alexander, agreeing to keep the utility rates from the preliminary budget and to approve sending a letter to residents regarding the increase. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.
Betty Starke asked about paying for the new street number signs. She was told a final decision on the method of payment has not been decided on.
Officer Madison asked what the city was going to do about coverage now that there is a new opening. He stated that he is aware of two former officers that are willing to come back temporarily to help out. Former Motley officer Al Yoder was present not only
representing himself but former officer James Paschelke as well. They are both willing to help out temporarily. Alexander stated that he was all for it. Nieken stated that she believes
that she is out of the loop and wants to resign from the Police Liaison position. Mills agreed to fill the Police Liaison position for the remainder of the year.
Alexander moved, with a second by Sampson, appointing Bruce Mills as the police liaison for the remainder of the year. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.
Alexander moved, with a second by Sampson, to hire Al Yoder and James Paschelke as temporary officers for the City of Motley with an hourly wage of $14.22. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.
Sampson expressed concerns regarding the other responsibilities of the police chief that a liaison wouldn’t be qualified to handle. Mills stated that he is willing to do the scheduling and some things may need to be checked over by an outside party even if it needs to be paid for by the hour. Sampson asked if the hiring committee has the authority to meet and contract with a third party person to handle some of the administrative duties. Johnson stated that he feels they should. Mills commented that there are times when decisions need to be made for the safety of the city.
Alexander moved, with a second by Sampson, approving the hiring committee to meet and contract on a part time basis with another Chief Law Enforcement Officer. Mills, Alexander, Johnson and Sampson voted aye, Nieken voted nay. The mayor declared the motion carried.
Mills suggested that a liaison be appointed for the Clerk Treasurer and Sampson agreed.
Sampson moved, with a second by Mills, appointing Steve Johnson as liaison to the Clerk Treasurer. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.
Smith thanked the council for the appointment.
Marv Swecker was present representing the Community Center committee. Barros stated that re-zoning the proposed property would not create any other issues. Discussion took place on a letter of intent, green space, land donation, actual footage and other items concerning the center. Swecker thanked the council for all of the cooperation the committee has received. Johnson, Smith and Swecker will work with CGI to get more information together.
Sampson moved, with a second by Alexander, to adjourn the meeting. The meeting was duly adjourned at 9:37 p.m.
Terri Smith
Clerk Treasurer
Page 5 of 5