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Goodview City Council (06/24/2007)
Goodview City Council Minutes

June 4, 2007

Meeting called to order by Mayor Weimerskirch at 5:00 p.m.

Upon Roll Call: Mayor J.P. Weimerskirch, Councilmembers Dick Ledebuhr, Leon

Bowman, Bruce Brinkman, and Charlie Andring were present.

The Pledge of Allegiance was said.

Ms. Amy Berger of Senator Norm Coleman's Twin Cities' office was present in place of Mr. Matt Ketelsen. She presented a letter from the Senator to the Mayor and citizens of Goodview congratulating them on receiving authorization for federal funding for the water treatment plant. The Mayor indicated he had a phone conversation with the Senator about two weeks back, and the Senator said some projects like this one are just right and no one needs to take credit for it just as long as it gets done. Mayor Weimerskirch said he was very pleased to finally see the bi-partisan support come together for a project such as this. Councilmember Bowman indicated it is nice to see some funding come from Washington for unfunded mandates such as this one. The Mayor questioned Ms. Berger on what other issues are hot in Washington now, of which she said immigration is the main one now. Due to the fact Ms. Berger's specialty is education for the Senator; Councilmember Brinkman asked what the Senator is hearing as far as the status and main concerns of most Minnesota School Districts. With finance obviously being the number one issue facing all school districts, she pointed out that in the Twin Cities area safety is a close second, with an increase in immigrants being the main focus in out-state Minnesota. Mayor Weimerskirch asked what makes Minnesota a magnet for diversity, which Ms. Berger indicated a good educational system is certainly one factor. The Mayor also talked about various other issues, which she said is good to know to pass back to the Senator. Dan Matejka, City Administrator, reviewed the steps still needing to be accomplished before the City receives any federal funding for the water treatment project. Councilmember Ledebuhr, on behalf of the City, thanked the Senator and Ms. Berger for their efforts. State Representative Steve Sviggum was not in attendance due to a scheduling conflict.

Consent Agenda: Councilmember Brinkman moved and Councilmember Andring seconded to approve the Consent Agenda as presented. The

agenda included the minutes of the May 21, 2007 regular meeting

of the Goodview City Council. It also included the resignation of

Mr. Brett Czaplewski, and the hiring of Mr. Brandon Czaplewski. Councilmember Andring asked if the new hire was part of the original pool of candidates in January, and if we anticipate any negative recourse from applicants from the original pool. The City Administrator pointed out he checked with both The League of Minnesota Cities and the City Attorney's office to verify the procedure used by the City in filling this position, which was to initially post internally and if there were no viable candidates then to post externally. Councilmember Andring also asked if the City will post for the now vacant seasonal part-time position. Mr. Greg Volkart, Director of Public Works, indicated he will be reviewing the position and the need for it. The Mayor pointed out the Council approved a certain number of manpower hours for the Maintenance Department, and if the Department recommends replacing the vacant hours the Council should follow their recommendation. All voted aye, motion carried.

Councilmember Ledebuhr asked how the stray cat situation is going in the Sixth Street area. The City Administrator indicated the Humane Society is involved and proceeding with the project, but he indicated he will have the Chief of Police report back to the Council with a formal report. The Mayor questioned if this problem isn't a nuisance problem, and should it be covered by the nuisance ordinance. Councilmember Bowman asked why the City doesn't license cats with the same criteria and costs as dogs. The Council directed City staff to come back to Council with a proposed cat ordinance. Councilmember Ledebuhr also questioned Mr. Volkart on the timetable involved with working on City streets, specifically the Bergman Company who the City hired to fill the cracks in the City streets. Mr. Volkart pointed out under normal circumstances no work could be done after 6:00 p.m., but with the inclement weather over the last few days Bergman needed to work a little later for two days to get the job done. Finally Councilmember Ledebuhr informed the Council the Winona Elks Lodge is sponsoring a Flag Day tribute on Thursday, June 14, 2007, at 5:15 p.m. at the Winona Band Shell. Councilmember Brinkman asked the Director of Public Works if the trees along the drainage ditch next to Toby Schmidt's property in Woodhaven were going to be taken down. Mr. Volkart indicated the plans didn't call for the removal of the trees.

Ordinance 52.04, AN ORDINANCE REGULATING OPEN FIRES AND OPEN BURNING, was presented to Council by the City Administrator. He stressed to the Council this revised Ordinance was a collaborative effort of all City departments. Councilmember Brinkman moved and Councilmember Andring seconded to approve Ordinance 52.04 as presented. All voted aye. The Ordinance was declared adopted.

Ordinance 75.1, AN ORDINANCE PROVIDING FOR THE DEFERRAL OF SPECIAL ASSESSMENTS FOR PERSONS 65 YEARS OF AGE OR OLDER, OR RETIRED BY VIRTUE OF A PERMANENT AND TOTAL DISABILITY, was presented to Council by the City Administrator. He explained this was a gathering of information from the City of Winona and the City Attorney. Councilmember Ledebuhr asked what happens to the deferment when a property sells, of which he was told the deferment would cease. Councilmember Andring questioned how long the deferment could last. The deferment stays in effect as long as the individual still meets the criteria set-forth by the Ordinance. Councilmember Bowman moved and Councilmember Ledebuhr seconded to approve Ordinance 75.1 as presented. All voted aye. The Ordinance was declared adopted.

Councilmember Andring moved and Councilmember Ledebuhr seconded that RESOLUTION NO. 0756, A RESOLUTION PROVIDING FOR THE SALE OF $1,600,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2007A, be adopted. Mr. Steve Apfelbacher of Ehlers and Associates was present to explain the resolution, and to brief the Council on what steps will need to be taken between now and the time the City actually receives the money (estimated to be early August, 2007). He said the total amount of $1.6 million is more fine-tuned then the original estimate, with it being $15,000 less due to less capitalized interest. Once approved, his company will then go out on competitive bids with an opening of the bids on July 16, 2007. Ehlers and the City will have a conference with Moody's Investors Service to determine the City's bond rating for this project. Currently the City is at an A2 rating, which is a very strong rating to receive financing. Mr. Apfelbacher doesn't see any reason why the rating would change. With an A2 rating, it would be expected the City could receive more bids at lower interest rates for the financing of the project. Councilmember Bowman questioned why an individual, who was assessed a certain amount which included bonding costs, could not just pay the assessment costs for construction. Mr. Apfelbacher pointed out the City determined what commensurate value the entire project would bring, and what different costs were included in that value. The City chose to include a portion of the bonding costs in that calculation. Councilmember Bowman also asked about the difference in the various calculations of interest communicated to the residents. Mr. Apfelbacher explained if someone pays the entire amount before October 1 of this year, there would be no interest charged. If a resident pays any time between October 1 and November 15 of this year, the amount of interest would be calculated for the time from October 1. Finally, if an individual pays after November 15, 2007, they would be charged the interest not only for the remainder of 2007, but also the entire interest amount for 2008. All voted aye. The Resolution was declared adopted.

Councilmember Bowman moved and Councilmember Brinkman seconded that RESOLUTION NO. 0757, A RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE, be adopted. Mr. Apfelbacher explained the purpose behind this resolution is the fact the IRS doesn't want any municipality to pay cash for a project then issue bonds after-the-fact. He also pointed out this resolution is a blanket resolution which would be good for any future projects. Mayor Weimerskirch asked if the pending radium removal project would hurt the City when it comes to a bond rating. Mr. Apfelbacher indicated it would have to be at least discussed with the bonding authority (Moody's). All voted aye. The Resolution was declared adopted.

Ordinance 53.01, AN ORDINANCE DECLARING THE VIOLATIONS OF ANY CITY ORDINANCE TO BE A MISDEMEANOR AND SPECIFYING PENALTIES THEREFOR, was presented by the City Administrator. He explained this was a matter of updating the Ordinance to current law in respect to the maximum allowable fine for a violation. Councilmember Ledebuhr moved and Councilmember Brinkman seconded to approve Ordinance 53.01 as presented. All voted aye. The Ordinance was declared adopted.

Councilmember Ledebuhr asked if there was going to be a penalty imposed on Griffin Construction if the Woodhaven I Estates project isn't completed by November 15, 2007. Greg Volkart pointed out the contract with Griffin Construction states a $500 per day penalty.

Councilmember Ledebuhr also inquired if the City had received any of the seven requested easements signed yet. Dan Matejka indicated one has been returned, and three of the remaining six still need to be legally put together by the City Attorney.

Adjournment 6:40 p.m.



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