Pursuant to due call and notice thereof, the regular meeting of the Crosby City Council was held on Tuesday, May 28, 2013 at 6:00 p.m.

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1 Pursuant to due call and notice thereof, the regular meeting of the Crosby City Council was held on Tuesday, May 28, 2013 at 6:00 p.m. Mayor Joanna Lattery presided with Member Debra Shankle, Member Dusty Paul, Member Ron Prushek and Member Ed Vukelich present. The Pledge of Allegiance was given. Also present were City Attorney Pat Krueger, Public Works Foreman Steve Perpich, City Engineer Phil Martin, Hallett Community Center Manager Maurice Slepica, Fire Chief Alan Woods, Police Chief Kimberley Coughlin, and Clerk-Treasurer Lisa Sova. MOTION BY MEMBER SHANKLE AND SECONDED BY MEMBER PRUSHEK TO APPROVE THE MINUTES OF MAY 13, 2013 REGULAR MEETING. A VOICE VOTE: ALL MEMBERS VOTED AYE. MOTION BY MEMBER VUKELICH AND SECONDED BY MEMBER PAUL TO APPROVE THE CLAIMS IN THE AMOUNT OF $109, FOR PAYMENT AS PRESENTED. A VOICE VOTE: ALL MEMBERS VOTED AYE. ADDITIONS TO THE AGENDA: Member Shankle Finance Committee Member Vukelich Condemnation procedure Attorney Clerk/Treasurer Sova Permission to hire 2 student employees - Public Works Clerk/Treasurer Sova Waive cook shack fee for DNR fishing clinic Clerk Clerk/Treasurer Sova Police Chief Employment Contract Police Clerk/Treasurer Sova Fit City Proclamation HCC Mayor Lattery Assessment Workshop Unfinished Business Mayor Lattery Planning and Zoning Administrator New Business PUBLIC COMMENTS: Mary Aulie (770 Lakeshore Drive) property damage to her property by her neighbor. Neighbor stated that he owns the road and can do what he pleases. Public Works Foreman Perpich stated that he looked at the GIS map and the road in not on the map. Member Vukelich stated that he recalls years ago that the City gave the road to the residents on that street, dividing the road down the middle. The City no longer owns it to his knowledge. Ms Aulie stated that the City plows and maintains the road. Engineer Martin stated that the property owners may have an easement. Ms. Aulie stated that if the neighbor truly is the owner of the road then she will request a refund of her assessment. Member Vukelich clarified that he was thinking of a different road, not the one Ms. Aulie lives on. Ms. Aulie requested clarification on who owns the road. Attorney Krueger will research. UNFINISHED BUSINESS: A. CITY ATTORNEY UPDATE REGARDING LETTERS TO HOMEOWNERS ABOUT ALLEY BETWEEN 1 ST & 2 ND ST SE Page 30

2 Attorney Krueger stated that the letters sent to homeowners in the past requested that the homeowners make things located in the alley moveable. There was not a requirement to move items that are in the alleyway. There is one home with a fence in the alleyway. The home is believed to be in foreclosure. The alley needs to be marked. Attorney Krueger will put out another letter to homeowners stating that everything needs to be moved from the alleyway. B. ORDINANCE HARDSHIP ASSESSMENT DEFERRALS FOR SENIORS, DISABLED, OR MILITARY PERSONS MOTION BY MEMBER SHANKLE AND SECONDED BY MEMBER VUKELICH TO APPROVE ORDINANCE HARDSHIP ASSESSMENT DEFERRALS FOR SENIORS, DISABLED, OR MILITARY PERSONS. A VOICE VOTE: ALL MEMBERS VOTED AYE. C. ENGINEER REPORT REGARDING WATER ISSUE ON DAVE PETERSON S PROPERTY Engineer Martin reviewed the land. There is no good option. Member Vukelich stated that Mr. Peterson filled in the land years ago without a permit. Foreman Perpich stated that there had been a storm water pipe in place that was removed because the city didn t want swamp water going into the sanitary sewer. Member Vukelich asked Attorney Kruger what the City can do to take care of this issue once and for all. Attorney Knutson stated that if Mr. Peterson filled the land creating the problem it s his problem and not that of the City. Engineer Martin stated that the lay of the land is not conducive to drainage. There is no improvement projects planned for the area so the issue cannot be addressed as part of a larger project. Consensus of the Council is that this is the land owner s issue and not that of the City. Attorney Krueger will send Mr. Peterson a letter. D. ASSESSMENT REFUNDS Clerk/Treasurer Sova is working to organize a meeting on June 11 or 12. Notice will be given when date is set. NEW BUSINESS: A. CONSIDER APPROVING THE CLASSIFICATION AND INTENDED SALE OF PID MOTION BY MEMBER VUKELICH AND SECONDED BY MEMBER PAUL TO APPROVE APPROVING THE CLASSIFICATION AND INTENDED SALE OF PID A VOICE VOTE: ALL MEMBERS VOTED AYE. B. CONSIDER REQUEST FOR RESIDENT PARKING ONLY SIGNS ON 2 ND ST SE FROM 1 ST AVE TO 3 RD AVE MOTION BY MEMBER VUKELICH AND SECONDED BY MEMBER PRUSHEK TO APPROVE RESIDENT PARKING ONLY SIGNS ON 2 ND ST SE FROM 1 ST AVE TO 3 RD AVE. A VOICE VOTE: ALL MEMBERS VOTED AYE. C. ACCEPT THE RESIGNATION OF LOUANN MASCHLER AS PLANNING AND ZONING ADMINISTRATOR WITH REGRETS. Effective May 24, 2013 Page 31

3 MOTION BY MEMBER VUKELICH AND SECONDED BY MEMBER SHANKLE TO ACCEPT THE RESIGNATION OF LOUANN MASCHLER AS PLANNING AND ZONING ADMINISTRATOR EFFECTIVE MAY 24, 2013 WITH REGRET. LouAnn Maschler stated that she wanted to be clear that she wishes to remain the Building Inspector for the City of Crosby. A VOICE VOTE: ALL MEMBERS VOTED AYE. Mayor Lattery stated that she, Member Shankle, and Clerk/Treasuerer Sova met with the Crow Wing County Land Services Department to discuss the possibility of the County serving as P&Z Administration. Residents pay for this service at the County level through their taxes. The discussions are aimed at providing a long term solution. In the interim, Crow Wing County Land Services has agreed to provide P&Z support. MOTION BY MEMBER SHANKLE AND SECONDED BY MEMBER PAUL TO DESIGNATE THE CROW WING COUNTY LAND SERVICES DEPARTMENT AS PLANNING AND ZONING ADMINISTRATOR FOR THE CITY OF CROSBY ON A TEMPORARY BASIS, SUBJECT TO APPROVAL OF THE CROW WING COUNTY BOARD OF COMMISSIONERS. A VOICE VOTE: ALL MEMBERS VOTED AYE. D. CONSIDER APPROVING LIQUOR, WINE, BEER, AND OFF SALE LICENSES FOR JULY 1, 2013 TO JUNE 30, 2014 (a) BARSTOCK LIQUORS OFF SALE LICENSE (b) CROSBY BAR FULL ON SALE/OFF SALE LICENSE AND SUNDAY LICENSE (c) CUYUNA LANES 3.2 ON SALE, SUNDAY LICENSE (d) MINER S INC DBA SUPER ONE 3.2 OFF SALE LICENSE (e) NORDIC INN 3.2 ON SALE and WINE (f) PEANUTS PUB AT THE MIDWAY FULL ON SALE/OFF SALE AND SUNDAY LICENSE (g) SPALDING HOUSE FULL ON SALE/OFF SALE AND SUNDAY LICENSE (h) YA BETCHA ON SALE AND SUNDAY LICENSE MOTION BY MEMBER VUKELICH AND SECONDED BY MEMBER PAUL TO APPROVE LIQUOR, WINE, BEER, AND OFF SALE LICENSES AS LISTED FOR JULY 1, 2013 TO JUNE 30, A VOICE VOTE: ALL MEMBERS VOTED AYE. Mayor Lattery suggested that the Council consider appointing Abrams & Schmidt LLC, attorneys specialized in employment law, to represent the city in labor negotiations. MOTION BY MEMBER VUKELICH AND SECONDED BY MEMBER PRUSHEK TO APPROVE APPOINTING ABRAMS & SCHMIDT LLC TO REPRESENT THE CITY OF CROSBY IN LABOR NEGOTIATIONS. A VOICE VOTE: ALL MEMBERS VOTED AYE. REPORTS Fire Chief s Report One fire call since last meeting. a. Roof bids - The fire department is leaning toward the A-1 bid because the warranty is longer and the price is lower. Member Vukelich asked if the warranty will be through the manufacturer or the installer. Attorney Krueger stated that the manufacturer warranty will not apply to issues with installation. The warranty is on materials only. Page 32

4 Clerk/Treasurer Sova asked if the A-1 bid, dated December 3, 2012, would be honored. Chief Woods stated that A-1 said they will honor the bid. The total cost proposed by A-1 is $ The repair was not budgeted. The Council will take some time to consider how the repair expense will be met. b. Fire Marshal Chief Woods has not had an opportunity to look into the fire marshal yet. The 4 th of July is fast approaching. Chief Woods suggested that coolers be banned from the park on the 4 th of July to limit the amount of trash left behind and aid in cleanup. The Council will consider the idea. The Fire Department is requesting help from the City paying for port-a-potties. The City pays for a number of the port-a-potties and the Fire Dept pays for a portion. Chief Woods requests that the City consider paying for all port-a-potties. Ask that the city close the boat landing. There have been requests for less fire trucks and more floats. It takes money to attract floats. Library None HCC Report report submitted. A fund raising campaign to pay for new flooring is under way, providing an opportunity to purchase a tile. New fitness equipment is in 4 new elliptical machines, a new bike, and a rowing machine. Mr. Slepica requested permission to hang the Fit City 5/10K sign fence near the park entrance. All were in agreement to allow the sign to be placed. Requested that the Council consider proclaiming June Fit City Month MOTION BY MEMBER PAUL AND SECONDED BY MEMBER SHANKLE TO PROCLAIM JUNE FIT CITY MONTH. A VOICE VOTE: ALL MEMBERS VOTED AYE. Police Chief s Report Part Time Officer Robert DePoali has started. Coverage will be provided for the Hallett Center 5/10K race. As of June , the City of Crosby Police Department will no longer provide police protection to the City of Ironton. The City of Ironton has cancelled the contract. Mayor Lattery added that the Mayors will meet on June 8, 2013 to discuss combining police services. Chief Woods asked who will respond after June 1, does Crosby have to respond. Chief Coughlin stated that if there is an emergency then yes, Crosby will respond until the County Sheriff s Department arrives. Chief Woods thanked Chief Coughlin for all her efforts in trying to hold onto the contract with Ironton. Member Vukelich asked if the City of Crosby can charge Ironton when the Police Department responds to Ironton calls. Chief Coughlin stated that this a mutual aid question. Member Vukelich expressed concern with officers leaving Page 33

5 the City of Crosby unprotected. Chief Coughlin stated that if the officers are on another call in the City of Crosby then they will not be able to respond outside the City. Consider approving the police chief contract for MOTION BY MEMBER VUKELICH AND SECONDED BY MEMBER PRUSHEK TO APPROVE THE POLICE CHIEF CONTRACT FOR A VOICE VOTE: ALL MEMBERS VOTED AYE. Attorney s Report Mr. Dale Archambault, 704 Oak St, was present. Attorney Knudson discussed vacating Daisy Street with the affected residents. The street is not needed by the city for fire protection or passage. Attorney Kruger requested that the City consider vacating Daisy Street. Mr. Archambault is willing to sign the easement to Birch Street if the Daisy Street is vacated and property given to the adjoining land owners. If the street is vacated then the street is split and 16 feet is given to each of the adjacent landowners. Mr. Archambault asked if Daisy Street was open, where would the snow be placed? In the past all the snow had been piled in Mr. Archambault s property. Attorney Krueger asked if Mr. Archambault is willing to sign the deed. Mr. Archambault stated that the issue with the snow has not been resolved. If the road were opened, then the plow could push the snow to the alley and then it can be cleared with the alley. Mr. Archambault will be satisfied if the snow is plowed evenly to both sides of the street. Attorney Krueger stated that the Council has indicated that opening the road will allow Daisy Street to be plowed like any other street. Public Works will remove the barricades. Mr. Archambault wishes to talk with his neighbor before signing the deed. Attorney Krueger will arrange a meeting with Mr. Archambault, Tara DeRosier, and the attorney with the goal to have the deeds signed to vacate before the next council meeting. Member Vukelich asked Attorney Krueger how the City goes about condemnation of a piece of property. This is a condemnation in the interest of health and safety. Attorney Krueger will look into it and report back Public Work s Report Requested permission to hire summer help. Personnel committee will meet at 1:00 on May 31 to interview candidates. MOTION BY MEMBER VUKELICH AND SEDONDED BY MEMBER PRUSHEK TO HIRE TWO PART TIME STUDENT SEASONAL POSITIONS WORKING 40 HOURS PER WEEK, EMPLOYMENT TO BEGIN ON JUNE 3, 2013, AT A RATE OF MINIMUM WAGE SUBJECT TO BACKGROUND CHECK. A VOICE VOTE: ALL MEMBERS VOTED AYE. Engineer s Report Hematite Project The bid was received from Irondale Township. On May 13, 2013, Chief Woods attended the Irondale Township meeting and the Irondale Township Board stated that Crosby was not going to participate in the project. This is not the City s intent at this point. Mayor Lattery asked that Engineer Martin contact Irondale Township to clarify. The bid for the Crosby portion of the project is $89, The City of Crosby will be Page 34

6 responsible for half of this. In addition, the City of Crosby will be responsible for hauling gravel and 100 feet of 6 inch pipe to Glen ($11,000). Engineer Martin estimates the road cost at $53,000 +/- $5000 without the 6 inch pipe. $63,700 is the total project estimate. Of this we amount, the City will assess ½ of the road cost ($ /-$5000). Engineer Martin does not intend to perform any engineering services on the project, unless requested, so there is no engineering included. Irondale Township has requested that the City of Crosby utilize its employees and trucks to haul the gravel necessary for the project. Clerk-Treasurer Sova estimated the cost to perform hauling internally at approximately $7500. Foreman Perpich pointed out that the Irondale Township works 4 10 hour days which would mean over time for the Crosby Public Works crew. The cost estimate was prepared using straight time wages so the estimated cost will increase. It will be more economical to hire out the hauling job. MOTION BY MEMBER VUKELICH AND SECONDED BY MEMBER PAUL TO APPROVE THE HEMATITE STREET PROJECT AT AN ESTIMATED COST OF $ A VOICE VOTE: ALL MEMBERS VOTED AYE. Met with Bonnie Boyd. There was berm material left in the alley that may have contributed to the drainage issue. Cuyuna Regional Medical Center intends to expand parking to the south of the hospital toward 2 nd St SE. This will increase traffic substantially on 2 nd St SE. Clerk s Report a. Request permission to purchase Laserfiche document management program. This is a budgeted expenditure. Cost is $14, MOTION BY MEMBER SHANKLE AND SECONDED BY MEMBER PRUSHEK TO APPROVE THE PURCHASE OF LASERFICHE AT A PRICE OF $14, A VOICE VOTE: ALL MEMBERS VOTED AYE. b. Janitorial Service MOTION BY MEMBER VUKELICH AND SECONDED BY MEMBER PAUL TO APPROVE CONTRACTING WITH JON, RAYE AND JAMES CRAGUN FOR JANITORIAL SERVICES FOR $105 PER WEEK PLUS TAX. A VOICE VOTE: ALL MEMBERS VOTED AYE. MOTION BY PAUL AND SECONDED BY PRUSHEK TO ALLOW THE DNR TO USE THE COOK SHACK ON MAY 29, 2013 AT NO CHARGE FOR THE FISHING CLINIC. A VOICE VOTE: ALL MEMBERS VOTED AYE. Finance Committee Consider providing tablets (computers) to Council Members rather than providing paper council packets. All were in agreement that the concept should be pursued. Clerk/Treasurer Sova will research cost Mayor/Committee Reports: Closed session at 8:23 PM to discuss potential pending litigation. Page 35

7 MOTION BY MEMBER VUKELICH AND SECONED BY MEMBER PRUSHEK TO INSTRUCT THE CITY ATTORNEY PREPARE A LETTER NOTIFIYING MR. JIM HUNTER THAT HE IS IN VIOLATION OF HIS CONDITIONAL USE PERMIT ALLOWING 5 VEHICLE TO BE FOR SALE AT HIS PROPERTY ON THE CORNER OF MAIN STREET AND CROSS AVE. A VOICE VOTE: ALL MEMBERS VOTED AYE. MOTION BY MEMBER VUKELICH AND SECONDED BY MEMBER PRUSHEK TO ADJOURN AT 8:42 PM. A VOICE VOTE: ALL MEMBERS VOTED AYE. Joanna Lattery, Mayor Lisa Sova, Clerk/Treasurer Page 36