REGULAR PINE RIVER CITY COUNCIL MEETING, TUES. APR 12, 2016 6:00 P.M.
Pursuant to due call and notice thereof, the Pine River City Council met in regular session on Tuesday, April 12, 2016 at 6:00 p.m. Said meeting was held in Council Chambers in said City.
CALL TO ORDER: Meeting was called to order by Mayor Tamara Hansen.
ROLL CALL: Present: Tony Desanto, Troy Gregory, Patty Melby, Tammy Hoppe, Tamara Hansen
Absent: None
OTHERS PRESENT: Travis Grimler, Paul Sand, Tammy Hamilton, Bryan Drown, Nancy Fenstermaker, Ted Lundrigan, Kevin Kleiner, Doug Taylor.
CONSENT CALENDAR: Hoppe motioned, Desanto seconded to approve the consent calendar including the minutes of 3-8-16 and checks as listed:
City Account- Cks #473325-47440$69,543.72
Comm Police- Ck #1164 35,000.00
Airport Fuel- Credit Card Fees-$45.54 Ck- #2050- $4,192.20
Library-NoneTotal All: $108,781.46
All voted aye. Carried.
OPEN FORUM: No one present wishing to be heard.
POLICE DEPARTMENT: Chief Sand present. Reports 71 calls for last month which was really good as they had on officer on vacation. Calls included 13 citations, 1DWI and 1 Warrant arrest.
5K RUN: Nancy Fenstermaker present to request permission to have a 5k run on June 17th. The run is a fund raiser and will be in conjunction with the Relay for Life event held that same evening. She is requesting permission to loop this run thru the residential area from 5:30 to 6:30 p.m. Chief Sand sees no problem with this request and he will have an officer present at certain points in run. Mayor Hansen states that they are good to go.
ECON DEVELOPMENT:
LDO: Clerk briefly discussed the possibility of having the MIF Funds taken over by the Cass County Development as they have more expertise in this area. The council would like to discuss this with the local Econ Development group to keep them in the loop and get feedback from them. Clerk will extend an invitation for the next planning meeting.
PUBLIC WORKS: Mayor states that there is no report other than they have been busy crack sealing.
FIRE DEPT: No one present at this time.
BUILDING INSPECTOR: Jeff Melberg not present.
HOUSING AUTHORITY: Tammy Hamilton present. Tammy states that the Housing Authority has voted to promote her to Executive Director of the Housing Authority and would like the City to do the same. Mayor Hansen states that she is doing an excellent job. Melby motioned, Gregory seconded to approve this promotion. All voted aye. Carried.
CITY ENGINEER: Bryan Drown present. Drown updated the council on the recent public hearing for the airport zoning and removal of the crosswind runway from the ALP. The board passed the revised ordinance and will now have to hold one more public hearing.
CHIEF KEVIN KLEINER ARRIVED.
CITY ATTORNEY: Ted Lundrigan present.
JPA: Lundrigan states that it is time to renew this paperwork. The resolution has to be adopted annually whereas the rest of the paperwork is good for 3 years. There are three parts to this;
- JPA RESOLUTION
- JOINT POWERS AGREEMENT FOR ATTY/POLICE
- COURT AMENDMENT FOR ATTY/POLICE
RESOLUTION NO. 4-12-2016-____
RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF PINE RIVER ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT
WHEREAS, the City of Pine River on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State’s criminal justice data communications network for which the City is eligible.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Pine River, Minnesota as follows:
1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Pine River on behalf of its Prosecuting Attorney and Police Department, are hereby approved.
2. That the Chief of Police, Paul Sand, or his or her successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State.
To assist the Authorized Representative with the administration of the agreement, Shawn Birr, Police Officer is appointed as the Authorized Representative’s designee.
3. That Attorney, Ted Lundrigan, or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City’s connection to the systems and tools offered by the State.
To assist the Authorized Representative with the administration of the agreement, Linda Kuschel is appointed as the Authorized Representative’s designee.
4. That Tamara Hansen, the Mayor for the City of Pine River, and Wanda Mongan, the City Clerk Treasurer, are authorized to sign the State of Minnesota Joint Powers Agreements.
Desanto motioned, Gregory seconded to pass this resolution. All voted aye. Carried.
STATE OF MINNESOTA JOINT POWERS AGREEMENT AUTHROIZED AGENCY
This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension (“BCA”) and the City of Pine River on behalf of its Police Depart (Agency) and also City Attorney (Agency)
One of these agreements has to be done for the Attorney and one for the Police Department. Due to the size of the agreements, a copy of the agreement is included as a part of the minutes separate from the typed minutes.
Hansen motioned and Melby seconded to approve these agreements. All voted aye. Carried.
COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT
This Court Data Services Subscriber Amendment (“Subscriber Amendment) is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, (“BCA”) and the Pine River Police Depart and City Attorney (Agencies), and by and for the benefit of the State of Minnesota acting through its State Court Administrator’s Office (“Court”) who shall be entitles to enforce any provisions hereof through any legal action against any party.
Due to the size of this document it will be included in the minutes as a separate copy.
Desanto motion, Hoppe seconded to approve this agreement. All voted aye. Carried.
CITY CLERK’S DEPARTMENT: Clerk Wanda Mongan present.
SWIMMING LESSONS: Clerk reports that the Warehouse is looking to provide swimming lessons at the dam this summer and they are looking for permission to do so. Clerk states that they have been told that they need to have insurance naming the City as additional insured and clean up after the lessons as they will be providing a sack lunch apparently. Melby motioned, Desanto seconded to approve the request from the Warehouse to use the dam for swimming lessons this summer. All voted aye. Carried.
The Warehouse will contact the clerk with dates and time of lessons when this is set up.
METHODIST CHURCH FISH FRY: Clerk Mongan states that the Methodist Church is holding a fish fry on July 16th and would like to request the following:
1, Close the alley from 3rd St to the edge of the church property line
2. Use the parking lot behind the church for seating (it was discovered after the meeting that this parking lot actually belongs to the Tabernacle Church)
Hansen motioned, Melby seconded to close the alley from 3rd St to the edge of church property for the fish fry. All voted aye.
Hansen motioned, Melby seconded to amend the previous motion to include use of the parking lot for seating. All voted aye.
AUGUST MEETING DATE CHANGE: Clerk is requesting the council change the date of the August meeting to either the 8th or 10th due to the fact that the primary is on the 9th. Desanto stated that he cannot make the 10th and would prefer the 8th. Hansen motioned, Hoppe seconded to change the date to August 8th. All voted aye. Carried.
ELECTION JUDGE PAY: Clerk Mongan request an increase in what the City is paying their election judges. She is asking that the new rate be $10.00 an hour. Desanto motioned, Gregory seconded to approve this pay increase. All voted aye. Carried.
ERB UPDATE: Clerk inquired as to whether the council had determined what they wanted to do about the ERB Benefit and the fact that this is not in compliance with State Law anymore. The options are to put this equal amount on the employees pay check and pay PERA and work comp on it or eliminate the fringe benefit. The additional cost to the City will be $4,109.52. Mayor Hansen states the departments will have to adjust their budgets to do this. Gregory motioned, Desanto seconded to adopt the following resolution:
RESOLUTION 4-12-2016-2
WHEREAS, the City of Pine River does not offer a group health insurance plan and,
WHEREAS, the City of Pine River is no longer able to offer an Employee Retention Benefit and,
WHEREAS, the City of Pine River wishes to remain competitive in what it offers their employees and also in an effort to retain employees,
NOW THEREFORE BE IT RESOLVED that the ERB has been eliminated and replaced with the same amount being added to the wage the full time employee is receiving in an amount not to exceed $380.00 per month WITH THE EXCEPTION OF Chief Paul Sand who receives $655.00 per month as part of his hiring package. Therefore it will only be applied to 160 hours per month and will not be included on OT hours.
Council voted aye, with the Mayor abstaining. Carried.
TRANSFERS: Clerk Mongan is requesting permission for the following transfers as per requested by the
Auditor:
#1Spec Rev to zero out negative fund131,776.99
#2Debt #800 fund to zero out negative fund 792.15
#3Small Cities –posting error 17,450.00
#4Kent Roosevelt- reimb bond interest 529.75
Desanto motioned, Hoppe seconded to approve these transfers. All voted aye. Carried.
PUBLIC HEARING FOR FENCE VARIANCE: Doug Taylor is present to request a CUP to allow him to construct a 9 foot in height fence. Current allowance is 6 feet in height. The Mayor called for any opposition x 3 with no response. Mr. Taylor has no problem with the conditions. Melby motioned, Gregory seconded to approve the following CUP:
CONDITIONAL USE PERMIT
PERMIT. Subject to the terms and conditions set forth herein, the City of
Pine River grants a conditional use permit to allow the following: installation of a 9 foot tall fence.
PROPERTY. The conditional use permit is for the following described property in the City of Pine River, Cass County Minnesota,
109 First St S, PID # 94-337-0130
Legal Description: See attached Exhibit A
CONDITIONS. The conditional use permit is issued subject to the following conditions:
(a)Applicants submit a structural engineer review (if required by the Building Official) of fence detail to determine wind load standards are being met.
(b)Applicants obtain building permit for construction of fence
(c)Fence to be built as presented in the materials made part of this application including fence placement, appearance, materials, etc.
(d)Owner has responsibility for maintenance and appearance of the fence including but not limited to debris removal and grass/weed abatement
(e)Fence will not exceed the 9 feet in height requested.
(f)Space on the fence will not be leased or used for advertising/signage.
(g)Fenced in area will be used in a commercially reasonable manner and shall not become a nuisance, a hazard, or be used for storage or disposal.
All voted aye. Carried.
SEWER: Gary Siltman not present.
AIRPORT: Gary Gardiner not present.
OPERATE A BUSINESS AT THE AIRPORT: Clerk states that the City has received a request from Ron Sieling to conduct his business, Pine River Aeromotor out of the former Witt Building at the airport and also to be able to sell aircraft from that business. Hoppe motioned to grant this request. Melby asked if it was known as to where he might be storing the planes while they are for sale and how many he might have at one time. Attorney recommended that the City require that he contact them before displaying any planes on airport property and the length of time they will be displayed. Hoppe amended her motion to include notifying the City and Melby seconded the motion. All voted aye. Carried.
PUBLIC HEARING 6:45 P.M. RE-ZONING: Purpose of the hearing is to change the zoning for Dollar General
from Industrial to Commercial which is a better fit and also allows for a lesser set back requirement which would bring them into compliance. Mayor asked for any opposition to this rezoning x 3 with no response x 3. Desanto motioned, Melby seconded to approve the re-zoning of parcel 94-006-2401 from Industrial to Commercial. All voted aye. Carried.
COUNCIL FORUM:
Desanto- Attended the Kitchigami Regional Board meeting. There was much discussion about bringing Crosby library into the Kitchigami System.
Gregory- Attended the Pine River Local Board meeting. There was not a quorum present so no business was conducted. PRB is doing Superintendent searches again. Attended the P&Z meeting.
Melby- Nothing to report.
Hoppe- Attended the P&Z
Hansen- Attended the P&Z and also represented the City at the Early Childhood coalition.
FUNDRECEIPTSDISBURSEMENT
GEN44307.7669884.08
COMM POLICE 0.0035000.00
LIBRARY 140.00 135.87
FIRE 600.00 2888.96
REV 1908.55
GEN OB BOND 4230.00
SPECIAL POLICE 1502.41
STREET CONSTRUCTION 875.00
WATER 14307.58 5226.29
SEWAGE 86.06
AIRPORT11718.50 4172.52
AIRPORT FUEL 875.33 4237.74
ADJOURN: There being no further business to be brought before this council, Desanto motioned, Melby seconded to adjourn. 6:50 p.m.
______
Tamara Hansen, Mayor
ATTEST:
______
Wanda Mongan, Clerk Treasurer
1