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Lester Prairie City Council Minutes

February 10, 2003

The Lester Prairie City Council met in regular session on Monday, February 10, 2003. Mayor Angvall called the meeting to order at 7:00 p.m. The following were in attendance for all or portions of the meeting: Councilmembers - Anderson, Foust and Hoof, (Councilmember Bruckschen was absent); Clerk M. Pawelk; Daryl DeKam, Merlin Mathews, Jake Bandemer, Zack Roberts, Robert Carlson, Len and Linda Juncewski, Dan Wroge, Paul Christensen, Kendall Schultz, and Julie Yurek

Motion - Foust; Second - Anderson; Carried - Unanimously; To accept and approve the January Minutes as submitted.

Motion - Foust; Second - Hoof; Carried - Unanimously; To accept and approve the January Treasurer's Report as submitted.

Clerk Pawelk reported on the following: A Cancellation Notice was received from Tri-State Insurance Co. of MN regarding the bond for the PortHole for non-payment of premium, the McLeod County Assessor's Office has scheduled the Local Board of Review for April 24th at 6:30 p.m., and notification was received from MN Planning Municipal Boundary Adjustments that a hearing has been scheduled for February 28, 2003 at 9:30 a.m. in city hall regarding the Krienke/Plat Annexation request.

Councilmember Foust inquired if the Planning & Zoning Commission had discussed any land plan for commercial/industrial development and also questioned if funds could be set aside for flowers for funerals, etc.

Clerk Pawelk reminded the City Council there is an employee recognition policy which she requested be updated several months ago and maybe that could be added to the policy, if approved by legal counsel.

Zack Roberts was in attendance to request support from the City Council for him to work on an Eagle Scout project for Cub Scouts. He would have to work under Scout supervision and the project would have to involve a certain amount of time, and substance.

Discussion took place.

Motion - Angvall; Second - Foust; Carried - Unanimously; To support Zack Roberts for an Eagle project to be done this summer and he will work with Councilmembers Anderson and Foust to determine the appropriate project.

Daryl DeKam from the City's auditing firm Virchow & Krause & Co. was in attendance to review the City's 2002 Audit. He stated the City received the most favorable opinion that can be given for a cash basis audit, that the City is in good financial position and that the books are well maintained. He noted that there was a substantial increase in revenues and the over all Clerk's balance at year end. This was due, in part, to the sale of lots in the Prairie Meadows Addition and the gift of stock from Mr. Schwichtenberg.

Discussion took place.

Motion - Angvall; Second - Hoof; Carried - Unanimously; To accept and approve the 2002 Audit report as submitted by Virchow Krause & Co., and to direct the Clerk to publish the portions of the audit report, in summary form if possible, as required.

John Heinsch was in attendance to discuss and renegotiate the land use "License Agreement". Peggy Banks & John Heinsch are selling the property and the current agreement is due to be re-negotiated.

Discussion took place.

Motion - Foust; Second - Anderson; Carried - Unanimously; To leave the annual rental sum in the amount of $75.00 per year for another 5 years for the garage that occupies a portion of the alley abutting Lots 19 & 20, Block 1, Lester Prairie Townsite.

Police Chief Robert Carlson was in attendance to review the Police Department activity for the month of January. He also inquired if the City Council would consider the possibility of charging a fee for Police Department response to false alarms. As far as the Police Department Office being sold and the department being relocated into city hall, he stated that a realtor appraised the Police Office at $25,000.00 and he would only be in favor of relocating if the money would be sufficient to remodel city hall to meet his department's needs as well as the Clerk's Office needs. He noted that work is being done on updating employees' comparable worth and a pay step scale. He also announced that Mark Anderson had been selected as one of KDUZ/KARP Radio's February Hometown Hero for all the volunteered time he has put in for the Police Department.

Kendall Schultz was in attendance to discuss his sketch plan for the subdivision of his property for the sale of a lot.

Motion - Hoof; Second - Anderson; Carried - Unanimously; To inform McLeod County Planning & Zoning that the City has no objections to the sketch plan as submitted for the Kendal Schultz property located in Bergen Township.

Ralph Machemehl was not in attendance to address the City Council however, Councilmember Hoof stated that Mr. Machemehl would like the City's approval to landscape a portion of railroad right-of-way by cutting down the steep embankment on the South side of the tracks. He has been in contact with the rail authority and they don't have a problem as long as the right-of-way is maintained. He stated he would do the work and pay the expenses.

Discussion took place.

General consensus of the City Council was they have no objection to Mr. Machemehl doing landscaping on a portion of the railroad right-of-way property as long as the City does not incur any expense and that he has approval from the rail authority.

Inquiry was also made if the area around the threshing machine along Highway 7 could be included in the lawn mowing agreement. Clerk Pawelk stated that unless the contract is agreeable and amended by the City and the Contractor, the contract is already in place and would not be able to be revised until 2004.

Police Chief Carlson presented information regarding a simple, basic computer use policy for use of City owned computers and network systems that he and the Clerk's Office have drafted and felt was appropriate. Discussion took place.

Councilmember Foust introduced the following resolution and moved for its adoption:


WHEREAS, the City of Lester Prairie has purchased computers for employee use, and

WHEREAS, the City has also provided internet services, and

WHEREAS, the City Council desires to establish a policy for the use of said computers and internet service,

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Lester Prairie as follows:

City of Lester Prairie

Policy for Acceptable Use of City Owned Computers

And Network Systems

1. All data collected, stored, processed or disseminated by City employees is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. Therefore, the gathering use, and dissemination of all such information through computers or other electronic means must be done in compliance with the Minnesota Government Data Practices Act and other applicable laws.

2. City owned computers and the data (confidential or otherwise) stored on them, are susceptible to loss through theft or damage to the computer. If a computer being used by an employee is later damaged or stolen, or data on the computer is stolen, the employee must notify the department head.

3. Messages that are or could reasonably be considered offensive to another on the basis of race, sex, age, sexual orientation, religious or political beliefs, national origin or disability are prohibited.

4. Solicitation of funds, political messages, and harassing messages are prohibited.

5. Personal use of computers is prohibited during working hours and the information generated from that use is not private.

6. Because the duplication of licensed software, except for backup or archival purposes, is a violation of the Federal Copyright Act, the terms of software license agreements must be strictly observed. Copying of software is not permitted.

7. No software is to be installed on any computer without the approval of the department head.

8. Passwords for the computer are not to be written down or given to anyone except to the department head.

9. The computer must be protected against virus infection; therefore, every computer file received from any outside source must be scanned for computer viruses by the department head.

10. Failure to adhere or violations of this policy will result in disciplinary action in accordance with City Policy.

By Eric Angvall

Its Mayor


By Marilyn L. Pawelk

Its Clerk

The foregoing resolution was duly seconded by Councilmember Anderson and following discussion thereon, a vote was taken. Voting for the Resolution: Foust, Anderson, Angvall and Hoof Voting against the Resolution: None Abstained from vote: None

Mayor Angvall declared resolution No. 4-03 adopted by a unanimous vote this 10th day of February, 2003.

Police Chief Carlson requested the City Council to consider violations and penalties for the liquor license violations. He stated that the Legislature is proposing a bill that would place minimum administration fees on alcohol compliance check violations and he felt the City should establish minimum standards as follows: two compliance checks per year with a follow-up done within four months on all failures and a $500.00 fine for the first violation. For violations that occur within 24 months of the first violation, the fines would be as follows: $750.00 fine for the second violation, $750.00 and a 3 day license suspension for the third violation and revocation of the license for the fourth violation.

Discussion took place.

General consensus of the City Council was for Clerk Pawelk to draft an ordinance amendment for the March meeting regarding liquor license violations.

Councilmember Anderson updated the City Council regarding the Park Board meeting. She informed the City Council that the Park board has recommended Jennifer Thiry be appointed to the open position on the Park Board; that they requested a set of bleachers be ordered for the #4 field; that the pitchers mound be removed and rebuilt on the baseball field; and that the Pool Task Force is out seeking donations for the pool project.

Motion - Anderson; Second - Hoof; Carried - Unanimously; To appoint Jennifer Thiry to the open Park Board position for the term that expires December, 2003.

Motion - Anderson; Second - Foust; Carried - Unanimously; To authorize the purchase of a 3 row, 15' bleacher set at the cost of $859.00 plus tax for the #4 ball field.

Information was received from McLeod County Planning & Zoning for two preliminary plat plans located in Bergen Township. One was for a 3 lot subdivision submitted for Craig & Barbara Lueck and the other was a 2 lot subdivision submitted for Scott & Heidi Stutelberg.

Discussion took place.

Motion - Hoof; Second - Foust; Carried - Unanimously; To inform McLeod County that the City does not have any objections to the preliminary plat for a 3 lot subdivision of property in Section 12 of Bergen Township as submitted for Craig & Barbara Lueck.

Motion - Hoof; Second - Anderson; Carried - Unanimously; To inform McLeod County that the City does not have any objections to the preliminary plat for a 2 lot subdivision of property in Section 4 of Bergen Township as submitted for Scott & Heidi Stutelberg.

Mayor Angvall informed the City Council that Police Chief Carlson has completed 6 months of service as Police Chief. He stated he has not received any complaints regarding Chief Carlson and his only concern was the short term of service as a Police Chief and noted there is still a learning curve. Discussion took place.

Motion - Angvall; Second - Foust; Carried - Unanimously; To increase Police Chief Carlson's compensation by $ .25/hr. effective this pay period.

Clerk Pawelk received a request from two property owners for adjustment to their water, sewer bill. Both properties had substantial water leaks whereby water that went though the meter was approximately 6 times higher than normal. One of the properties water leak was in a crawl space so the water drained into the sand and did not go through the sanitary sewer system, the other had a leak in the bathroom plumbing for a shower head and the water ran down the bathtub drain. Discussion took place.

Motion - Angvall; Second - Hoof; Carried - Unanimously; To give a $286.20 credit on the sewer charge for the property at 23 Hickory Street North since the water drained into the ground and did not go through the sewer system however, the water charge will remain as billed.

Motion - Foust; Second - Hoof; Carried - Unanimously; To not make any adjustment in the water or sewer charges for the property at 22 Fir Street North since the water went through the sewer system.

Fire Chief Jim Hoof had dropped off the 2003 list of of ficers for the Fire Department.

Motion - Angvall; Second - Foust; Carried - Unanimously; To approve the 2003 election of Fire Department Officers as follows: Fire Chief - Jim Hoof; Assistant Fire Chief- Dave Horsman; Rescue Captain - Fred Pawelk; Fire Captain - Lee Ortloff; Rescue Captain - Andy Heimerl; Fire Marshall Jerry Pawelk; Treasurer - Don Hoof; Secretary - Maurice Tonn; Relief Association Officers: President - Scott Christenson; Vice President - Wade Schultz; Secretary- Jerry Christenson; Treasurer- Doug Birkholz; Trustee - Dave Baumann; Trustee - Dale Dietel; Charitable Gambling Fund Manager - Paul Christenson.

Lenny & Linda Juncewski were in attendance to discuss a preliminary concepts for the subdivision of property proposed to be annexed into the City. He is considering a housing development of approximately 100 homes that would be located on the East side of County Road 9 and abut the land to be established as a habitat park. Mr. Juncewski stated he had been in contact with McLeod County and there were no concerns expressed at this time regarding the two entrances into the subdivision from County Road 9. He presented 3 drawings with one of them meeting the subdivision requirements. He inquired as to water and sewer service being provided to the development and inquired as to who would bear the cost.

Discussion took place.

General consensus of the City Council was they are in favor of the housing development; that the City would consider absorbing the cost for water and sewer mains from the #3 well and wastewater treatment facility to the intersection of Central Avenue and County Road 9 so they would be able to assess costs back to adjoining properties should they annex to the City; that they would like to see more town homes within the development; that the subdivision should be determined as to the type of housing so the proper zoning can be done when the subdivision takes place; and that approval must be obtained from McLeod County regarding the access situation from County Road 9. It is noted that the City's Wastewater Treatment Facility capacity was approved for approximately 180 homes in 2001 for the Prairie Ridge Development. Should the City allow the development by Len Juncewski, approval would have to be obtained from Pollution Control to amend the previously approved sewer extension permit for Prairie Ridge Development by transferring a number of connections to the Juncewski development or expand the current facility to increase the capacity.

Discussion took place.

Dan Wroge was in attendance to provide an update to the City Council regarding the work that was done on the #2 well and advise them to consider the drilling of a new well. No improvement has been noted for the condition of the #2 well even though the solvent loosened materials from the screen. He is currently using the #2 well as a backup and not primary well. The iron bacteria sample results have not yet been returned. He suggested a #4 well be drilled by the #3 well. Should the City ever construct a water treatment facility, both wells would be in the same proximity. The current #3 building that chemically treats the water could be used for both the #3 and #4 well. Estimated cost for drilling a new well is $80,000.00 not including permits, plans, etc.. It was noted that the MN Department of Health is accepting requests to place public water system construction projects on the Drinking Water revolving Fund Project Priority List for the 2004 distribution of funds. If the City is interested, an application must be submitted by Friday, May 23, 2003.

Discussion but no action took place.

Jake Bandemer was in attendance to discuss use of a tree/brush chipper purchased by McLeod County. Currently the Hutchinson recycling facility has the equipment however, they are required to provide the equipment to the Cities in McLeod County at no charge. The City would have to provide a grapple fork to load the brush into the hipper, which the City does not have. The cost of a grapple fork is approximately $15,000.00. The City is able to hire Litzau Excavating to load the brush at the cost of $100.00 per hour and the scheduled date for the work to be done is Tuesday, February 18, 2003.

Discussion took place.

Motion - Hoof; Second - Foust; Carried - Unanimously; To authorize the use of the McLeod County tree/brush chipper and hire Litzau Excavating to load the brush into the chipper unit at the cost of $100.00/hr.

Motion - Hoof; Second - Anderson; Carried - Unanimously; To pay the following claims:

Hiniker Co. 423.62

Darla Simon 334.10

Robert Carlson l,259.17

Glen Strom 1,198.18

Gerald Bandemer 25.98

Reada Lukes 48.25

AmeriPride 32.07

Fred Blaser 109.28

Exxon Mobil 274.84

Gavin, Olson, Savre & Winters 180.50

Reada Lukes 10.00

MN Dept. of Revenue 1,188.89

PeopleService 9,596.00

RDO Equipment Co. 59.90

Royal Tire 103.31

Sprint 281.16

US Postmaster 650.00

Wilson Hardware 121.63

Angvall Hardware 109.99

Center Point Minnegasco 1,184.11

Corporate Express 123.35

Emergency Medical Training Specialists 260.00

Herald Journal 202.30

Jerry's Transmission 305.43

Gavin, Olson, Savre 254.25

MN Chief's of Police 260.00

MN DARE Officers Assn. 160.00

NCPERS 57.00

Reynold's Welding Supply 102.21

T Mobile 81.20

Waldron & Associates 427.89

Xcel Energy 1,743.09

MN Child Support Pmt. 242.00

Marilyn L. Pawelk 1,126.80

Robert Carlson 1,231.68

Mark Thiry 1,153.22

Doug Hecksel 60.03

Marilyn L. Pawelk 1,209.66

Fred Blaser 892.33

Larry A. Peterson 68.57

Mark Thiry 1,197.06

Greg Mueller 1,164.21

A-1 Electric Service 227.91

Big Don's Carthedral 29.28

Corporate Express 261.54

First Community Bank 4,898.83

Glencoe Police Dept. 75.00

Joan Kocourek 130.00

McCarthy Well Co. 3,930.00

P.E.R.A. 1,117.33

Pitney Bowes 156.56

Reynold's Welding Supply 96.60

Southwest Metro Drug Task Force 2,100.00

City of White Bear Lake 125.00

MN Dept. of Revenue 187.00

AT & T 52.76

Conoco 161.41

DNR Water 50.00

First Community Bank 2,215.00

Frontline Plus Fire & Rescue 164.43

KEEPRS 177.01

MN Chiefs of Police 75.00

MN County Attorneys 24.50

MN State Fire Chiefs Assn.200.00

Orchard Trust 300.00

Security Bank & Trust 45,750.00

Virchow Krause & Co. 4,000.00

Wilson's Hardware 121.63

Sensible Land Use 30.00

P.E.R.A. 1080.75

Darla Simon 553.32

Glen Strom 1,161.55

Gerald Bandemer 299.47

Paul Christensen 21.70

Greg Mueller 901.09

Reada Lukes 33.01

Mollie Piehl 192.92

Mayor Angvall adjourned the meeting at 10:25 p.m.

Marilyn L. Pawelk, City Clerk-Treasurer

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