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City of Tyler, Minnesota
Minnesota's Danish Heartland

February 4, 2008


February 4, 2008

(Pending Approval)


1.      The regularly scheduled meeting of the Tyler City Council was called to order at 7:00 p.m., on February 4, 2008 at the Tyler Fire Hall.  Mayor Harper and Council Members Denney, Manson, Mundt, and Williamson present.  Staff Present: Beck, Luger, Petersen, and Spindler.  Guest Present: Dale Kruger from Tyler Healthcare Center


2.      The agenda and the January 7, 2008 minutes were unanimously approved by the Council. 


3.      No items were presented under public express.


4.      Luger stated that according to the 1999 audit Tyler Healthcare Center owed the City $29,143.  However, Luger uncovered a check from March 31, 1999 which proves that this amount was paid, but never properly documented.  Luger believes that Tyler Healthcare Center may owe the City $11,220 instead of $40,363.  On the other hand, a letter written by Jason Maxwell implies that the City intended on giving Tyler Healthcare Center $35,142.90.  Harper believed the letter is misleading and that the City always expected to be repaid.


Dale Kruger from Tyler Healthcare Center asked if the $35,142.90 reimbursed to Tyler Healthcare Center was included in the original bond issue, which Luger responded yes.  Kruger questioned if the additional funding is being repaid through Tyler Healthcare Center’s rental payments which service the bond. 


Denney recalled Tyler Healthcare Center requesting the City temporarily forgive the additional debt until they were current on their rent payments.  Once the rent was current, the debt would be repaid in full.  Harper asked Denney if they intended on reimbursing the City in one large sum or through their bond payments; Denney could not remember.


Luger believed Kruger made a valid statement and asked the Council for direction.  The Council also agreed with Kruger’s statement, but tabled the item to give Luger time to research the minutes.


5.      Spindler gave the monthly police report where he stated that the police department received 24 calls for service last month.  Some of those calls included: theft, two cases of domestic assault, and a hit and run accident.  Harper commented on the large amount of engine breaking through town.  Spindler stated that it is a difficult offense to ticket because by the time they reach the intersection the offender has departed.



6.      Luger mentioned that Fire Chief Borresen has requested the City pay $2,700 to have a lung test performed on eighteen firefighters.  A lung test measures lung capacity and if often used to determine whether or not a firefighter experienced a reduction in lung capacity as a result of their service on the fire department.


Mundt asked how often the firefighters would need to be tested, which Luger responded once.  When a member becomes an interior firefighter a lung test would be conducted to establish the firefighter’s initial lung capacity.  Luger added that the test is used to protect the City from future liability by establishing a firefighter’s initial lung capacity.  Harper questioned the validity of the test and thought it might open the City to additional liability.  Denney agreed and commented that the testing would not confirm what caused the reduction in lung capacity.  Mundt requested the item be tabled until next month to determine other city’s protocols on this subject. 


7.      Harper stated that the Shaokatan Sportsmen Club has requested the Council pass a resolution which authorizes them to sell pull tabs at the Kronborg and Night Owls.  The fire department is still interested in selling pull tabs, but has not yet obtained the proper certification.  Harper explained that the resolution will not inhibit the fire department from selling pull tabs in the future, it is merely a stopgap.  Luger added that according to the Minnesota Gambling Control Board, the resolution authorizes Shaokatan Sportsmen Club to sell pull tabs within city limits; it is the establishment that decides who will sell them at their location.


Manson motioned to pass the resolution which allows Shaokatan Sportsmen Club to sell pull tabs at the Kronborg and Night Owls.  Seconded by Mundt and approved unanimously.  


8.      Petersen gave the monthly TRED report where he mentioned that the business retention surveys will begin next week.  Luger added that the city engineer is providing TRED with a cost estimate to perform a housing study.


9.      Motion by Harper to approve the subordination for Rehab Loan #16.  Seconded by Denney and approved unanimously.


10.  Luger mentioned that every year the City sends a letter to residents who have not submitted water meter readings on a regular basis requesting a meter reading.  If a resident does not respond to the letter, the utility department attempts to read their meter while they are home.  In some cases the utility department has read meters when no one is home, which puts the City at risk for a lawsuit.  To minimize this risk, Luger proposed disconnecting water service to residents who do not respond to the letter.  Water service would not be restored until a meter reading is submitted and the $100 reconnect fee has been paid.


      Denney asked why some residents do not read their meters; Beck replied laziness or that the location of their meters makes it difficult to read.  Harper asked if a lot of homes are equipped with remote meters, which Beck responded no. 

Mundt asked if the word “consistently” in the policy is intended to be ambiguous, which Luger responded yes since some residents read their meter once or twice a year and others never read it.  Harper suggested adding a timeframe to the policy language.  Luger changed a portion of the policy from “customers who have not consistently submitted water meter readings” to “customers who have not submitted meter readings in the last three months”. Denney motioned to approve the revision to the utility policy.  Seconded by Manson and approved unanimously.   


11.  Harper stated that the personnel committee recommends hiring Robert Zeug from Fairfax as a lineperson at the rate of $22.50 per hour.  The personnel committee believes he will be an excellent asset to the department with his experience and work ethic.  Motion by Harper to hire Robert Zeug as a lineperson at the rate of $22.50 per hour.  Seconded by Manson and approved unanimously.


12.  Luger informed the Council that the punch list from the 2005 Street and Utility Improvement Project is complete.  Manson motioned to pay Final Pay Estimate No 9 for the amount of $34,932.35.  Seconded by Denney and approved unanimously.


13.  Beck presented two bids for the demolition and removal of the cabin at Stony Point.  Chris Nibbe submitted a bid for $3,000 and Jeff Stenerson submitted a bid for $1,195.  Manson questioned the cost difference between the bids; Beck explained that Stenerson has low overhead costs and that his equipment is paid off.  Motion by Manson to accept Jeff Stenerson’s bid of $1,195 to demolish and remove the cabin at Stony Point.  Seconded by Mundt and approved unanimously.


14.  Beck gave the monthly utility report where he informed the Council that he plans to extend the fence and add more electrical posts to the new property at Stony Point.  He also mentioned that the utility department dealt with a frozen waterline, built additional picnic tables, and repaired/modified the snowplow.


      Beck also mentioned that the City has not re-keyed the burn site since 2004.  In the past, the burn site was re-keyed every year and keys were only issued to people who had a legitimate business purpose.  Beck proposed implementing this past practice, but raising the fee from $25.00 to $50.00.  The Council supported Beck’s proposal and instructed Beck and Luger to implement a burn site key procedure.


15.  Luger reported that the Board of Appeal and Equalization Meeting is scheduled for Monday, April 21st at 7:00 pm.


16.  No Mayor Report.


17.  Motion by Denney to approve the bills.  Seconded by Williamson and approved unanimously.


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

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