Council Meeting 11/22/10



Call Regular meeting to order at 6:30 p.m. by Mayor Chris Capaul


PRESENT: Mayor Capaul, Council Members Taylor, Osborn, Oman and Stieve-McPadden,  


STAFF:  Administrator Murphy, City Engineer David Martini, Public Works Jeff Frost, Deputy Chris Nelson and Clerk Maetzold

ALSO PRESENT:  Don Wachholz, Nikki Larson, Ivan Raconteur, Greg Kluver, Erick Boder, Jeff Jackson, Nate McNeilly, Steve Eggimann, Daniel Lueth and Paul Malberg.


The Meeting was opened with the Pledge of Allegiance.



MOTION made by Council Member Stieve-McPadden with a second by Council Member Osborn to approve the agenda as presented.  Motion Carried 5/0






A MOTION was made by Council Member Taylor with a second by Council Member Stieve-McPadden to approve the Consent Agenda as follows:  Motion Carried 5/0.

1.    Approve Minutes of the November 8, 2010 Regular Council Meeting

2.    Approve Additional Claims for November 2010

3.    Approve Minutes of the October 5, 2010 Park Board Meeting

4.    Approve Minutes of the October 5, 2010 Planning Commission Meeting

5.    Approve the Sheriff Department’s Report for the Month ending October 2010



  1. Public Works – Council reviewed report ending November 22, 2010
  2. City Engineer – David Martini presented a summary of the projects Bolton & Menk have been working on during the billing period September 18 and October 15, 2010.
  3. Sheriff’s Department – Deputy Nelson was on hand to answer any questions.  He asked the Council about issuing a ticket or just a warning for the first offense for parking on the street during a snowfall.  The Council was comfortable with issuing a warning unless they are a repeat offender from year to year.
  4. City Administration – The Council reviewed a report from October 25 – November 19, 2010 outlining activities by the City Administrator. 



  1. Approval of the Public Hearing Delinquent Utility Bills – Staff has sent letters to residents notifying them that the unpaid utility bill amount will be assessed to taxes if not paid by noon, Monday November 29, 2010.  The Council reviewed an updated list of outstanding utility bills as of Monday November 22, 2010.

·         Approval of Resolution 11-22-2010-24 Authorizing Assessment of Unpaid Bills for Collection in 2011- A MOTION was made by Council Member Osborn and seconded by Council Member Oman approving Resolution 11-22-2010-24 Authorizing Assessment of Unpaid Bills for Collection in 2011.  Motion Carried 5/0

  1. Approval of Engagement of ABDO, EICK and MEYERS for 2010 AUDIT – ABDO, EICK and MEYERS have completed the City’s audit for several years.  The firm is familiar with the city and the types of funds and financial activities.  EBDO, EICK and MEYERS are proposing to complete the 2010 City audit at the same rate as the 2009 audit ($18,400).  They are also proposing a three year agreement which includes 2010, 2011 and 2012 years.  For the 2011 and 2012 audit they are requesting a 2% increase in fees. The total amount of the increase over the additional two years is $1,050.  Also, not included in this total amount is the $525 fee to submit the audit to the State Auditor.  After some discussion, a MOTION was made by Council Member Stieve-McPadden and seconded by Council Member Taylor to approve the three year agreement and authorized the Mayor’s signature on the engagement letter.  Motion Carried 5/0
  2. Ordinance #171 City Council; City Employees – It was reported that a new state law does not allow City Council members to be full time City Employees.  The Council reviewed an ordinance that extends the restriction to part time employees.  Since Fire Department members are considered to be part time employees, this ordinance would restrict them from being Council Members.  Several Fire Department members were on hand to speak to this proposed ordinance, including newly elected Council Members Daniel Lueth and Erick Boder.  If passed, this ordinance would require them to terminate their part time employment with the City if elected for a second term.


Boder stated that there are fundamental problems with the proposed ordinance and that the timing is suspect.  He indicated that there are other ways to ensure the code of ethics and that the ordinance deserves further investigation.


Lueth asked whether it was researched whether or not a leave of absence could be given in such case that they were elected to a second term.  He also said that we should have faith in the electorate to decide the right person for the position.


Jeff Jackson inquired about the personnel policy, specifically how part time employees get paid.  He indicated that currently Fire Department members are paid per call/per training, and that this ordinance could potentially open up issues relating to minimum wage and per hour pay.


Mayor Capaul then called for a motion on the proposed Ordinance #171.  There was no motion.  The Council is unsure as to where to go from here.


  1. Loss Control Issues Sanitary Sewer – The League of Minnesota Cities is attempting to address the liability issue of sewer backups.  Sewer backups comprise 11% of the liability costs for the League.  Beginning November 15, 2010, the League is requiring a mandatory minimum deduction on any sewer liability claim unless the City meets specific standards for the sewer system.  In order to avoid a higher penalty, the City can complete a sewer assessment and then implement policies to deal with the deficiencies. 


The LMC conducted a loss control visit and requested that the City complete a sewer assessment.  By completing the Sanitary Sewer Maintenance Policy and implementing the requirements, the City can avoid the higher deductable on sewer backups.  The Council reviewed the findings on the sanitary sewer assessment and the recommended changes to the City’s sewer operations.  A MOTION was made by Council Member Osborn and seconded by Council Member Taylor approving the Sanitary Sewer Maintenance Policy, Emergency Response Policy and directing Staff to implement sanitary sewer assessment as funds are available.  Motion Carried 5/0



·         Council Member Stieve-McPadden asks that more research be done on proposed Ordinance #171.  Find out if other Cities have implemented similar ordinances.



There being no further business, a MOTION was made by Council Member Taylor and seconded by Council Member Oman to adjourn the meeting at 7:25 p.m.  Motion Carried 5/0







                                                                                                            Chris Capaul, Mayor



Attest: ______________________________

            Lois A. Maetzold, City Clerk