May 14th, 2007

Pursuant to due call and notice thereof, the regular meeting of the Crosby City Council was held on Monday May 14, 2007 at 6:00 p.m. in the Crosby City Hall Council Chambers.  The Pledge of Allegiance was given.

Mayor Dale Sova presided with Member Debra Shankle, Member Edward Vukelich and Member David “Butch” Ferrari present.  Member Erwin “Buzz” Neprud was absent.  Also present were City Attorney James Gammello, Police Chief Kimberley Coughlin, Fire Chief Charles Leonhardt, City Engineers Tim Houle and Mike Rude, Steve Perpich from the Public Works Department and City Clerk-Treasurer Cindy Nelson.

MOTION BY MEMBER VUKELICH AND SECONDED BY MEMBER FERRARI TO APPROVE THE MINUTES OF THE PREVIOUS MEETING ON APRIL 23, 2007 AS PRESENTED.  A VOICE VOTE:  ALL AYES.  MOTION CARRIED.

MOTION BY MEMBER VUKELICH AND SECONDED BY MEMBER SHANKLE TO APPROVE THE MINUTES OF THE MARCH 12, 2007 MEETING AS PRESENTED.  A VOICE VOTE:  ALL AYES.  MOTION CARRIED.

MOTION BY MEMBER SHANKLE AND SECONDED BY MEMBER FERRARI TO APPROVE THE CLAIMS FOR PAYMENT AS PRESENTED. A VOICE VOTE:  ALL AYES.  MOTION CARRIED.

Additions to the agenda were as follows:  Member Ferrari – Sign on Main Street, Member Vukelich – Boat on Oak & Erie – City Clerk – Change next meeting date to Tuesday, May 29, Approve Election Judges for the May 24 & June 14 special county election.

Public Hearing – Petition by Lester and Delores Chileen to vacate alley on Lots 1- 8, Block 10 Smith’s Addition to Crosby was opened at 6:05 p.m.

Charles Barnum, Attorney for Mr. and Mrs. Chileen spoke on behalf of the Chileens’ about vacating this alley.  This platted city alley has never been developed and their home sits about 2 feet from where the alley would be if it would ever be developed.  The property owners would like to sell the eight lots as one parcel and is requesting that the city vacate the platted alley.

Timothy Schmidt, Community Growth Institute gave the report from Crosby Planning and Zoning regarding this vacation application and the recommendations to the City Council.

City Attorney, James Gammello gave the City Council the options that the city has to proceed with this vacation application.  If the city would agree to this vacation there should be an agreement between the city and the applicant.

Josie Adams Doshan – Oak Street – If this alley is vacated will this property still be zoned residential?

Francis Butorac Vidmar – Would not like to see this area as a business area as it should stay residential and not for businesses. 

Charles Sellers – Planning and Zoning gave a number of reasons as to why zoning changes were made from past councils.

Charles Barnum – The alley hasn’t been there for 90 years and is sure that the property owners can come up with some type of agreement with the City.

City Attorney, James Gammello – The city will be relinquishing the area from public to private if the vacation application is approved.

Mayor Sova closed the public hearing at 6:29 p.m.

MOTION BY MEMBER VUKELICH AND SECONDED BY MEMBER SHANKLE TO VACATE THE ALLEY BEHIND LOTS 1 – 8, BLOCK 10, SMITH’S ADDITION TO CROSBY WITH THE CITY RETAINING A UTILITY AGREEMENT AND THAT THE PROPERTY BE KEPT TOGETHER AS CONTIGUOUS LOTS.  A VOICE VOTE:  ALL AYES MOTION CARRIED.

Public Forum –

Jeannine Ross representing the Spalding House and the Cuyuna Range Lion’s Club to hold their annual Steak Fry & Street Dance on July 3, 2007 requesting to block off Cross Avenue N. from Main Street to First Street for that afternoon and evening.

MOTION BY MEMBER VUKELICH AND SECONDED BY MEMBER SHANKLE TO ALLOW BLOCKING OFF CROSS AVENUE N. FROM MAIN STREET TO FIRST STREET N. ON JULY 3, 2007 FOR THE ANNUAL STREET DANCE SPONSORED BY THE SPALDING HOUSE AND THE STEAK FRY SPONSORED BY THE CUYUNA RANGE LION’S CLUB WITH THE SAME HOURS OF OPERATION AS IN THE PAST.  A VOICE VOTE:  ALL AYES.  MOTION CARRIED.

Vern Lewis of Century 21 is requesting written permission from the city to use the Crosby Park boat launch on June 10, 2007 for the weigh-in location for a fishing tournament that their firm is sponsoring to benefit the Project Play Fund for new playground equipment.

MOTION BY MEMBER VUKELICH AND SECONDED BY MEMBER FERRARI TO ALLOW VERN LEWIS OF CENTURY 21 TO USE THE CROSBY PARK BOAT LAUNCH ON JUNE 10, 2007 FOR A FISHING TOURNAMENT WEIGH-IN LOCATION FOR PROJECT PLAY.  A VOICE VOTE:  ALL AYES.  MOTION CARRIED.

Public Comments –

A note was received from Eric Dahlberg stating that there are repairs needed at the skateboard park and he would repair them if the city purchased the equipment. 

City resident Charles Sellers asked what the council is going to do when Planning & Zoning denies a commercial zone use on the alley they just vacated.

Unfinished Business –

Park restrooms – Plumbing plans have been approved by the State and are seeking bids to build the restrooms and they will be opened at the next meeting on May 29, 2007.

Playground – The committee is still collecting funds for the equipment

New Business –

Sanctuary on Serpent – Postponed to a later date

Jenkins’s Pond –

Timothy Schmidt of Community Growth Institute reported the findings of Crosby Planning and Zoning with 22 conditions and an additional 10 requirements for the preliminary plat for Jenkins’s Pond.

John Erickson representing Serpent Lake Association spoke to the council and asked that they use caution in approving this plat and to send it back to Planning and Zoning to make certain that all requirements have been met regarding drainage and Shoreland ordinances.

Tim Schmidt – The drainage plans have been consistent with our city ordinance and there is a waiver on file from the owner of the property regarding the 60 day rule.

Keith Strand – Property owner of Jenkins’s Pond was present and stated that he has been back to Planning & Zoning several times on this preliminary plat and that he would agree to waiting until the next City Council meeting on May 29, 2007 for action from the council.

Tim Schmidt of Community Growth Institute will send the information and maps to the Mayor and Council on Jenkins’s Pond for their review for the next council meeting.

Jim Traylor – Asked that the Mayor and Council be sure to review the original plat that was originally submitted.

MOTION BY MEMBER VUKELICH AND SECONDED BY MEMBER SHANKLE TO TABLE ANY DECISION ON THE PRELIMINARY PLAT OF JENKIN’S POND UNTIL TUESDAY, MAY 29, 2007, SO THAT THE COUNCIL CAN REVIEW THE FILE AND MAPS OF THIS PLAT.  A VOICE VOTE:  ALL AYES.  MOTION CARRIED.

Fire Chief Charles Leonhardt reported on the following –

-                      Submitted a report to the council as to the number of fire runs since January and that 8 more runs need to be added to the report to make a total of 26 runs for the year.

-                      A request has been made to have Crosby send a truck up to the BWCA, but nothing definite at this time and he is in contact daily with the Duty Officer and will keep the council informed if a truck is needed.

Police Chief Kimberley Coughlin reported on the following –

-                      Member Vukelich inquired about a boat that is sitting on Oak & Erie Avenue that was damaged in an accident and that is should be moved.  Chief Coughlin spoke with property owner and the boat will be moved.

MOTION BY MEMBER SHANKLE AND SECONDED BY MEMBER FERRARI TO APPROVE THE CRIMINAL HISTORY ORDINANCE AND PUBLISH THE SUMMARY OF THE ORDINANCE.  A VOICE VOTE:  ALL AYES. MOTION CARRIED.

-                      Attorney Gammello and Chief Coughlin will work on a cat ordinance for the city.

MOTION BY MEMBER VUKELICH AND SECONDED BY MEMBER SHANKLE TO APPROVE THE NEW DOG ORDINANCE AND PUBLISH THE SUMMARY OF THE ORDINANCE.  A VOICE VOTE:  ALL AYES.  MOTION CARRIED.

MOTION BY MEMBER VUKELICH AND SECONDED BY MEMBER FERRARI TO AUTHORIZE THE MAYOR AND CLERK TO SIGN THE ANIMAL CONTROL AGREEMENT FOR ANIMAL CONTROL SERVICES WITH CROW WING COUNTY.  A VOICE VOTE:  ALL AYES.  MOTION CARRIED.

-                      Captain Rick Koop presented the updated monthly computer agreement with Grant Midbrod of Midbrod Networking including a 3 year warranty on the equipment, updates and he will sign a confidentiality agreement with the city at a cost of $2,000 per month with each department paying their percent of the contract for the amount of computers within each department.

MOTION BY MEMBER FERRARI AND SECONDED BY MEMBER VUKELICH TO AUTHORIZE THE MAYOR AND CLERK’S SIGNATURE FOR A COMPUTER AGREEMENT WITH GRANT MIDBROD, OWNER OF MIDBROD NETWORKING.  A VOICE VOTE:  ALL AYES.  MOTION CARRIED.

City Attorney James Gammello reported on the following –

-                      Will be checking on the status of the union contracts for the Police Department and the Public Works Department that have been agreed upon and waiting for signatures. 

Mayor Sova stated that after the union contracts have been signed and delivered the wages for non-union personnel of the city will be looked at at that time.

-                      Meetings have been held with the hospital on their project and are progressing well.

-                      Will be following up on the Phase 2 Developer’s Agreement with Augusta Housing

Mayor Sova called for a brief recess at 7:46 p.m.

Mayor Sova called the meeting back from recess at 7:53 p.m.

Public Work’s Assistant Working Foreman Steve Perpich reported on the following in the absence of City Superintendent Laverne Booth –

-                      Working on the cemetery for Memorial Day

-                      Water school at Ruttger’s June 6 – 9, 2007 and Mike Heglund needs to get re-certified this year.

MOTION BY MEMBER VUKELICH AND SECONDED BY MEMBER FERRARI TO AUTHORIZE MIKE HEGLUND TO ATTEND THE WATER SCHOOL AT RUTTGER’S BAY LAKE LODGE ON JUNE 6 – 9, 2007 OUT OF THE PUBLIC WORK’S TRAINING BUDGET.  A VOICE VOTE:  ALL AYES.  MOTION CARRIED.

-                      Sign across Main Street is being worked on and had to be welded at an additional cost of $260.00 to Rick’s Welding.

MOTION BY MEMBER VUKELICH AND SECONDED BY MEMBER FERRARI TO AUTHORIZE PAYMENT OF $260.00 TO RICK’S WELDING FROM THE ADVERTISING BUDGET FOR REPAIRS ON THE SIGN ACROSS MAIN STREET.  A VOICE VOTE:  ALL AYES.  MOTION CARRIED.

City Engineer’s Mike Rude and Tim Houle reported on the following –

-                      Received letter from Ironton City Attorney regarding the drainage on Pine Street from the project last year.  Attorney Gammello will contact their attorney.

-                      Met with representatives of Crosby Senior Housing and others on the utilities cost and another meeting has been scheduled.

-                      Seal Coating – Ad has been placed in the Courier and bids are due by May 24^th and opened at the May 29^th council meeting.

-                      2005 Street Project Status – painting and striping was completed by the hospital and more concrete work will be done in the future.

-                      Immanuel Lutheran Church has submitted another plan for their storm water and that will be going through the proper committee.

-                      Tim has received calls from different funding agencies that fund water system improvements that there are possibly funds available and that the city needs to keep on looking for property for this project and would like to get together with Members Neprud and Ferrari to work through the topics on wells and a treatment plant.

City resident Curt Southmayd inquired if Augusta Housing were going to complete the unfinished items from Phase 1 yet?  Tim Houle stated that in the Developer’s Agreement for Phase 2 that the unfinished items from Phase 1 also need to be completed.

City Clerk-Treasurer Cindy Nelson reported on the following –

-                      Cindy has been released to come back to work on a limited part-time basis from the Doctor.

-                      City Manager position information was in the council packets and will review at the next meeting.

-                      Change next meeting to May 29, 2007 from May 28, 2007 due to the Memorial Day Holiday.

MOTION BY MEMBER SHANKLE AND SECONDED BY MEMBER FRERRARI TO CHANGE THE NEXT MEETING TO TUESDAY MAY 29, 2007 DUE TO THE MEMORIAL DAY HOLIDAY.  A VOICE VOTE:  ALL AYES.  MOTION CARRIED.

-                      Approve list of Election Judge’s for the upcoming Special Primary & General Elections for the County Commissioner District 5 position.  (See attached)

-                      A request was received from Ken Irish to hold ATV Classes at HCC in June and September.

MOTION BY MEMBER VUKELICH AND SECONDED BY MEMBER SHANKLE TO APPROVE KEN IRISH TO HOLD ATV CLASSES AT THE HALLETT COMMUNITY CENTER IN JUNE AND SEPTEMBER.  A VOICE VOTE:  ALL AYES.  MOTION CARRIED.

MOTION BY MEMBER VUKELICH AND SECONDED BY MEMBER SHANKLE TO ADJOURN THE MEETING.  A VOICE VOTE:  ALL AYES.  MOTION CARRIED.

_________________________________                  _______________________________

Dale J. Sova, Mayor                                                      Cindy S. Nelson, Clerk-Treasurer