Minutes – October 19, 2009 Regular Meeting

November 5, 2009

REGULAR MEETING – October 19, 2009

 

Regular Meeting – Transact Routine Business 

Mayor Fish called the meeting to order at 7:00 p.m. with roll call as follows:

     PRESENT:   Fish

     COUNCIL:  Barnhart, Karper, Petersen, Plevel, Shepard

    ABSENT: Reikofski

 

 

 

ROLL CALL

Also present were City Manager Shaw, Finance Director/City Clerk Nicosia, City Attorney J. Breck, Assistant City Attorney S. Breck, and Police Chief Perry

 Pledge of Allegiance 

 

  

 PLEDGE

APPROVAL OF AGENDA:

Shepard made motion to approve the agenda as presented, second by Petersen.   Motion carried unanimously.

 

AGENDA

APPROVAL

CONSENT AGENDA:

 Karper made motion to approve the consent agenda as listed with Mayor Fish noting the finance committee reviewed claims and found no exceptions, second by Plevel. Motion carried with Council voting as follows:  AYES:  Fish, Barnhart, Karper, Petersen, Plevel, Shepard  NOES:  None  ABSENT:  Reikofski CONSENT

AGENDA

APPROVAL

 A.  Approval of Claims $298,781.67 October 5

                                           $ 85,465.43 October 19

B.   Approval of Payroll Claims $83,380.27 October 2

                                                          $62,229.05 October 16

C.   Approval of Regular Meeting Minutes – September 21

         Approval of Special Meeting Minutes – September 28

D.  Approval of 2010 DNRC Urban Forestry Program Development Grant Application and authorize City Manager to sign.

E.  Approval of Amendment No. 1 to Agreement for Engineering Services – HDR Engineering, Inc., and authorize City Manager to sign.

 

PUBLIC COMMENT: None

   

RESOLUTIONS & ORDINANCES:

A.  Resolution No. 1576  – Relating to $1,468,000 Sewer System Revenue Bonds (DNRC Water Pollution Control State Revolving Loan Program), Consisting of $390,700 Subordinate Lien Taxable Series 2009A Bond, $359,300 Series 2009B Bond, and $718,000 Series 2009C Bond; Authorizing the Issuance and Fixing the Terms and Conditions Thereof.  Mayor Fish read the opening paragraph of Resolution 1576.  City Manager Shaw reported that this is the Resolution related to the City’s loan on the Wastewater Treatment Plant Project.  Finance Director Nicosia explained the three different parts to the loan in this Resolution, including the “forgiven” amount and the reduced interest rate due to ARRA funding.  Shepard made motion to adopt Resolution 1576, second by Plevel.  Motion carried with voting as follows:  AYES:  Fish, Barnhart, Karper, Petersen, Plevel, and Shepard.  NOES:  None  ABSENT:  Reikofski  Resolution 1576 – $1,468,000 Sewer System Revenue Bonds

UNFINISHED BUSINESS – None.

   

NEW BUSINESS:  None.

A.  911 Board/Committee Appointments:  Funding Issues and Operations Board. Councilman Shepard reported that the County had received the City’s appointments to the Funding Issues of William Shaw and Susan Nicosia.  The County came back and requested that at least one person be an elected official but Shepard had sent a letter back stressing that the Council would prefer the City Manager and Finance Director.  Shepard made a motion to appoint Police Chief David Perry to the Law Enforcement Operations Board and Advisory Committees, motion seconded by Karper.  Motion carried with all members voting in favor of the motion, Reikofski absent.

B.  City Attorney Contract – City Manager Shaw reported that the current contract and appointments expire December 31, 2009 and requested Council direction on how to proceed.  Justin and Stephanie Breck noted that they are interested in the entire contract and have been getting ready to take over the entire contract.  Currently, Kaplan & Breck subcontracts the criminal prosecution portion of the contract to Hedman, Hileman & Lacosta, PLLP.  The Brecks acknowledged that neither one of them have done criminal prosecutions, such as DUI’s, but are getting further information and specific training.  Mayor Fish stated that she’d prefer to going back to one contract.  Councilman Petersen asked for additional information such as workload and case information to discuss at the next Council meeting.  Council discussed the amount and terms of the contract, including combining in to one contract again.  The matter will be discussed again at the November 2nd meeting. 

911 Board Appointment

 

 

 

City Attorney Contract

REPORTS/BUSINESS FROM MAYOR & COUNCIL

A.  Mayor Fish reported visiting the Truss Plant and Hanson Trucking and was impressed with their commitment to the community in terms of keeping people employed.

B.  Councilman Barnhart asked for a street project update.  Manager Shaw reported that Schellinger Construction started 3rd Ave. W that afternoon and is planning on completing the project within three weeks, depending on weather. 

C.  Councilman Shepard reported that the Shay Engine had sustained additional damage recently.  Manager Shaw discussed getting quotes from professionals and adequately lighting the area to prevent vandalism.

D.  Councilman Plevel reported on attending the Rotary meeting to discuss projects for Rivers’ Edge Park.

 

REPORTS/BUSINESS FROM CITY ATTORNEY  

A.  Attorney Justin Breck and Deputy Attorney Stephanie Breck presented the 2009 Legislative Update and issues presented at the 2009 City Attorney’s Seminar, including Land Use.  

REPORTS/BUSINESS FROM CITY MANAGER:                                   

A. Reported that the Wastewater Treatment Plant excavation moved six feet to the south. The concrete work is planned to be completed before the weather gets too cold.

B.  Reported that the City is involved in a lawsuit involving the clear vision triangle provisions that are within the Zoning provisions, which are also applicable outside the city limits. Later, City staff will bring forward an Ordinance revision to take the clear vision triangle provisions out of zoning and have them placed more appropriately within  City code.

 

 

 

INFORMATIONAL CORRESPONDENCE is available for thirty days in the City Clerk’s office.

 

STAFF REPORTS

             Police Department – August Activity

             Police Department – September Activity

             Police Department – Dispatch/Jail Closure Report

             City Court – 7/1-9/30 Quarterly Report

             Notice – DNRC ARRA Grant Approval

 

 

 

REPORTS

   

ADJOURN:

Upon motion duly made and seconded the meeting adjourned at 9:50 p.m. ADJOURN

 

                                                                  ____________________________

                                                                        Mayor

 

ATTEST:

 

__________________________________

City Clerk

 

 APPROVED BY COUNCIL ACTION: November 2, 2009

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