City of Tyler, Minnesota

Minnesota's Danish Heartland

March 5, 2007

1.      The regularly scheduled meeting of the Tyler City Council was called to order at 7:00 p.m., on March 5, 2007 at the Tyler Fire Hall.  Mayor Harper and Council Members Manson and Williamson present.  Guest Present: Rick Roemer from Waste Management.  Staff Present: Luger, Lutterman, Petersen, and Spindler.


2.      The agenda and the February 5, 2007 minutes were unanimously approved by the Council.


3.      Robert Loosemore of 765 South Tyler Street expressed concern regarding an excessive amount of speeding on his street.  He asked if the City intends on correcting this problem and suggested placing a speed trailer on South Tyler Street that shows motorist the speed they are traveling.  Spindler mentioned that the police department has recently increased their patrolling on Tyler Street and recommended Loosemore contact the Police Department when he observes excessive speeding.  Spindler added that he will request the speed trailer from the State. 


4.      Rick Roemer from Waste Management showed the Council the new 64-gallon recycling cart and the informational letter that will be sent to all residents.  Roemer asked the Council how he can tell which residences are unoccupied.  Lutterman suggested delivering the recycling carts on a non-garbage day and having one of the utility employees ride with Waste Management to show them which residences are unoccupied.


5.      Gudmund Broin of 509 Kaye Street presented his revised variance request to build a garage to the Council.  Harper could not recall the Council’s rationale for denying Broin’s previous variance request.  Luger responded that the Council had concerns with the utility easement and the length of the driveway.  Lutterman stated that the utility easement is no longer a concern, but an 18 foot driveway may not be long enough to completely accommodate a vehicle.  Harper believed the length of the driveway was not as much of a concern with this variance request since it is unlikely for Maye Street to become a through street.  Motion by Manson to approve the variance request.  Seconded by Williamson and approved unanimously.


6.      Luger explained that the Pizza Ranch is expanding their building towards the alley and intend on sharing a wall with Ma and Pa’s Lanes.  Luger stated that the owners of both establishments asked her if there are any City requirements they should be made aware of.  Since the City Code does not address this type of situation, Luger requested feedback from the Council.  After little discussion, none of the Council members expressed concern with the Pizza Ranch sharing a wall with Ma and Pa’s Lanes.

7.      Luger informed the Council that when they approved the golf cart permits, the Council agreed to review the permits on a yearly basis.  Luger asked the Council if the City should continue granting golf cart permits to anyone over the age of sixteen who had proof of liability insurance and agreed to follow certain regulations.  Petersen inquired on the number of complaints regarding golf carts.  Luger stated that the most common complaint she received was that the same permit rules should apply to lawn mowers.  After some discussion, the Council agreed to continue issuing golf cart permits.


8.      Luger stated that the dog kennel agreement has been revised for a third time; under the revised agreement the City is held liable for the boarding costs of an unclaimed animal.  Luger also mentioned that she noticed a discrepancy between the animal fees listed in the dog kennel agreement and the fees listed in the City Code under the ‘Release Permit’ section.  According to the dog kennel agreement the fee is $10.00 per day per dog, but according to the City Code the first time an animal is impounded the fee is $25.00 and continues to increase based on the number of offenses.


Harper believed the dog kennel agreement and the City Code are referring to two different fees.  The $10.00 per day per dog is a fee for boarding the animal whereas the ‘Release Permit’ is an additional fee that may be applied for allowing an animal to run free.  Williamson motioned to approve the dog kennel agreement with the amendment.  Seconded by Manson and approved unanimously.


9.      Luger mentioned that she placed liquidated damages on the agenda again because she wanted to clarify some of the information that might have been misunderstood at the February Council meeting.  Luger explained to the Council that the City is currently withholding Partial Pay Estimate Number 6 for the amount of $15,378.60, which was being held for potential liquidated damages.  Since McLaughlin and Schultz accumulated only $11,000 worth of liquidated damages, the City is obligated to pay the remainder of the invoice.  If the City grants McLaughlin and Schultz the time extension they requested, the City would retain $8,000 of the invoice instead of $11,000.  Harper questioned if Bolton and Menk’s additional expenses would be around $8,000, which Luger responded yes and reminded the Council that Bolton and Menk recommend the City grant the time request.


Luger added that the City is also holding a retainer fee of $34,952, which McLaughlin and Schultz will not receive until the project is complete.  Lutterman asked if the amount from Partial Pay Estimate Number 6 is included in the retainer fee, which Luger responded no, the retainer fee does not include Partial Pay Estimate Number 6.  Based on the recommendations from Bolton and Menk and the City Attorney, Harper motioned to grant the time extension to McLaughlin and Schultz and to pay $7,000 of Partial Pay Estimate Number 6.  Seconded by Manson and approved unanimously.   


10.  Luger mentioned that Don Sandberg and Rich Borresen of Tyler Group LLC have requested permission from the City to enter the site of the proposed condominium development to conduct soil testing.  If the soil is contaminated, Tyler Group LLC requests the City be responsible for removal costs.  Petersen believed the City should not be held liable for any clean up costs until the soil testing is complete.  If contamination is found on the site, the City should work with Tyler Healthcare Center to resolve the issue before accepting the land.  Motion by Manson to allow Tyler Group LLC on the property to conduct soil testing contingent on approval from Tyler Healthcare Center.  Seconded by Harper and approved unanimously.


11.  Luger stated that the Council needs to pass a resolution that calls for a public hearing on the proposed creation of Tax Increment Financing District Number 1-2 and the adoption of the proposed Tax Increment Financing plan.  She added that the Hess property was excluded from the district since it was not within City limits.  Motion by Manson to approve the proposed resolution titled Resolution 2007-2.  Seconded by Harper and approved unanimously.


12.  Petersen informed the Council of the proposed additions and corrections to the City Code.  Two additions have been made to the City Code; Section 6.39 states it is unlawful to perform a “u-turn” in the Downtown District and Section 6.40 addresses amplified sound from vehicles.  Modifications have been made to Section 10.15.1, which adds the City Administrator as one of the enforcement officers of the nuisance ordinance and Section 12.25.3 allows the licensee of a liquor establishment to be on the premises between 3:00 AM and 6:00 AM.  Petersen added that “off-sale” liquor may now be sold on New Year’s Day and Independence Day according to revised Section 12.24.3.  Motion by Manson to approve the proposed amendments to the Tyler City Code.  Seconded by Williamson and approved unanimously.


13.  Luger gave the TRED report where she mentioned that the TRED board will be reviewing bids for the hospital parking lot at their next meeting.


14.  Luger stated that it has been brought to her attention that there may not be enough lifeguards to staff the pool this summer.  She has heard that many people will not take the lifeguard training course because it is expensive and they are not guaranteed a position.  To attract more applicants, Luger suggested the City pay for the lifeguard training course and guarantees a position at the Tyler Pool for those who complete the course.  Petersen recommended reimbursing the cost of the course once a lifeguard works at the Tyler Pool for 60 hours.  Manson motioned to reimburse individuals for the lifeguard training course once they work at the Tyler Pool for 60 hours.  Seconded by Harper and approved unanimously.


Luger added that the waterslide grant application is not being considered for funding since the organization that the City applied to is no longer distributing funds.


15.  Manson informed the Council that the public safety committee has begun working on an emergency management plan for the City.  The City adopted the County’s plan, but the County’s plan only consists of a resolution that supports the National Incident Management System (NIMS).  The public safety committee will be analyzing emergency management plans from neighboring cities, the school district, and the hospital to create a personalized plan for the City.


16.  Luger mentioned that a one-day workshop is being offered in Little Falls on the costs and considerations of community center.  Luger requested the City pay the workshop fee of $45 and mileage for two people to attend.  Harper asked who is planning to attend, which Luger responded Joyce Dass and possibly Chuck Hunt depending on the outcome of the boy’s basketball game.  Motion by Manson for the City to pay the workshop fee and mileage for two people to attend the workshop.  Seconded by Harper and approved unanimously.


17.  Spindler gave the monthly police report where he stated that the police department received 34 calls for service last month.  Some of those calls included: two gas drive offs, an accident on County Road 8, report of harassment, a runaway child, and an animal complaint.  Spindler also mentioned that an offer of $1,500 has been made on the old police vehicle.  Williamson asked if the vehicle needs to be sold through a sealed bid process.  Luger responded that since the vehicle is valued under $50,000 the City does not have to accept sealed bids, but it is sometimes recommended to obtain a higher price.


Lutterman gave the monthly utility report where he mentioned that he recently placed a limiting meter on a residence and is curious to see the effect it will have; he added that the utility department has recently completed their qualifying tests.  Lutterman also requested that a notice be published stating that it is unlawful to blow snow into the City street with the exception of the downtown business district. 


18.  Luger informed the Council that one of the residents she has taken through the collection process has paid off her utility bill.  She added that one of the residents will be held in civil contempt for disregarding court notices and not making an effort to pay his utility bill.


19.  Harper mentioned that he has heard complaints about people blowing snow so high that it is difficult to see when someone is backing out from their driveway.


20.  Motion by Manson to approve the bills.  Seconded by Williamson and approved unanimously.


21.  There being no further business before the Council, Mayor Harper adjourned the meeting at 8:30 p.m.


The Official Website for the City of Tyler, MN