City of Tyler, Minnesota

Minnesota's Danish Heartland

September 12, 2005

1.   The regularly scheduled meeting of the Tyler City Council was called to order at 7:00 p.m., on September 12, 2005, at the Tyler Fire Hall.  Mayor VanDeVere and Council Members Carmany, Harper, Hunt, and Williamson present.  Staff Present: Luger, Lutterman, and Nafzinger. Guest Present: Garth and Sharon Jensen, Larry Hanson, Bill Helget from Bolton and Menk, Vince Robinson from Development Services Inc. (DSI), and Don Sandberg from Don Sandberg Consulting.


2.   Motion by Carmany to approve the agenda with one addition.  Seconded by Williamson and approved unanimously.


3.   Motion by Williamson to approve the August 1, 2005 minutes.  Seconded by VanDeVere and approved unanimously.


4.      No items were presented under public express.


5.      Sharon Jensen notified the Council about a letter she had received from the City of Tyler, which stated all landscaping material that encroaches on City property must be removed by September 23, 2005.  She asked the Council to allow her to maintain and keep the trees since many of them have been on City property for over twenty years.


Garth Jensen stated that when they moved to the property in November of 1982, his uncle gave him an evergreen tree, which he planted in the corner of a garden located next to a line of small trees.  The evergreen tree is now about twelve feet tall with a trunk diameter of eight inches.  Garth mentioned that Steve Helget gave him permission to plant an oak tree on City property.  He further stated that a few years later, Jason Maxwell gave him permission to plant a maple tree, which is also located on City property. 


Garth informed the Council that he paid $189 for the maple tree and $159 for the oak tree.  He stated that he would be able to move the three smaller trees, but the three larger trees would require him to rent a space mover and may not survive.  Garth told the Council that he would have never planted the trees on City property if he knew they would eventually be forced to move. 


VanDeVere stated that this is a difficult situation since some of the residents have already moved or cut down their trees located on City property.  After some discussion, VanDeVere asked the Council if they would be against leaving the trees that are currently located on City property alone; with the understanding that if the park develops, the trees may have to be removed.  Harper mentioned that he suggested that solution last month and thinks it is the best solution.  Garth informed the Council that he is willing to move the trees, but would prefer keeping them since he had gotten permission from past administrators. 


Motion by VanDeVere to leave the trees that are currently located on City property alone; with the understanding that if the park develops, the trees may have to be removed.  This understanding will be drafted into an agreement that would prohibit additional materials being located on City property without written permission from the City Council.  Seconded by Harper and approved unanimously.


6.      Since the representative from the Lake Benton Improvement District was not present at the Council meeting, this item was passed and not discussed.


7.      Don Sandberg, from Don Sandberg Consulting requested approval for a Planned Unit Development from the Council.  He informed the Council that Andy Kehren from Bolton and Menk analyzed the preliminary plan and was satisfied with the overall concept.  Sandberg stressed that he cannot proceed with the plan until an agreement is reached between Tyler Regional Economic Development (TRED) and the Tyler Healthcare Center.  VanDeVere asked Sandberg what he needs from the Council.  Sandberg stated that he basically wants the Council to ask questions and review the preliminary plan.


Harper questioned the effect the development would have on the Tyler Healthcare Center parking.  Sandberg stated that the development would reduce some of their parking, but have a minimal impact since only half of the lot is being utilized.  Sandberg stressed that once a purchase agreement is in place, he will then solicit the public to find out if there is a demand for this type of project.  Once there are three buyers, he will begin construction. 


Hunt and VanDeVere questioned the number of units per building.  Sandberg stated that each building contains 8 units with a total of 32 units once all four phases are complete.  Hunt questioned the setbacks, which Sandberg urged the Council to review this proposal differently than a single-family development.


After some discussion about the cost of providing utilities to the site, Vince Robinson from DSI explained to the Council that this project would be made into a Tax Increment Financing (TIF) district, which would fund the utility improvements.  Robinson also informed the Council that part of the agreement between the Tyler Healthcare Center and TRED is to remove the old hospital building to make space for additional parking.  At this time, TRED has solicited bids for asbestos removal and demolition, looked for a one-time disposal site, and has hired a wetlands delineator to determine where the wetlands are located.


Sandberg informed the Council that if they do not sell the remaining units, the units will be finished and then rented with the option to buy.  VanDeVere asked Sandberg if he needed anything from the Council.  Sandberg asked the Council to consult with the City Engineer and develop a list of items that should be placed in the final plan.


Robinson asked the Council on behalf of TRED, if the Council is interested in pursuing Sandberg’s preliminary plan and eventually signing a developer’s agreement.  After some discussion, Hunt and VanDeVere believed the preliminary plan is a good concept and is worth pursuing; the remaining Council members agreed.


8.      VanDeVere mentioned that the City received a check from Shokatan Charity for the amount of $319.00 and in the past the Council decided where the money should go.  Hunt suggested donating the money to “The Rock” for use of their building during the Summer Recreation program.  VanDeVere recommended using the money towards the new concession stand for the ball fields.  Motion by Hunt to give the Shokotan Charity donation money of $319.00 to the Park and Recreation Board.  Seconded by Williamson and approved unanimously.


9.      VanDeVere asked if Final Pay Estimate No. 2 was for the seal coat work, which Bill Helget from Bolton and Menk responded that it was.  Helget recommended semi-formal acceptance of the work and payment for the final estimate, which would initiate the two-year maintenance period.  Motion by VanDeVere to pay Final Pay Estimate No. 2 in the amount of $2,549.29 to Moorseal for the seal coat project.  Seconded by Williamson and approved unanimously. 


Helget also recommended payment of Partial Pay Estimate No. 4.  Motion by Harper to pay Partial Pay Estimate No. 4 in the amount of $132,686.61 to McLaughlin and Schultz.  Seconded by Carmany and approved unanimously.


10.  Luger informed the Council that the budget committee met to discuss the preliminary tax levy.  The committee agreed to raise the preliminary levy by ten percent of the 2005 proposed levy.  Hunt asked if ten percent would be a large enough increase.  VanDeVere and Luger believed the final levy would not need to be more than ten percent.  Motion by VanDeVere to approve the adoption of the proposed tax levy at ten percent.  Seconded by Hunt and approved unanimously.


11.  Luger explained that the 2003 Sewer Revenue bond is a full continuing disclosure bond, which requires the City to provide information on a yearly basis to our bonding agent about the City.  Luger recommended hiring David Drown for the first year to complete the report due to the length and depth of the report.  She further mentioned that the City of Tyler’s most recent bond is a semi-continuing disclosure bond, which requires the City to provide information to the bonding agent by request.  Motion by Hunt to hire David Drown for one year to complete the continuing disclosure bond report.  Seconded by Harper and approved unanimously.


12.  Nafziger had nothing to report for the Police Department.  VanDeVere asked Nafziger if Spindler had mentioned the Police Manual, Nafziger stated that it was never mentioned.  The discussion regarding the Police Manual was tabled to the October Council Meeting.


Lutterman had nothing to report for the Utilities Department.

13.  Carmany gave the Park and Recreation Board report where she mentioned the recommendation to donate $350.00 to “The Rock” for use of their building during the summer recreation program.  Carmany stated that at the meeting, the Board discussed how much easier it was to have the summer recreation program at “The Rock”.  VanDeVere asked if a donation to “The Rock” would be budgeted next year, Carmany believed that it would become a yearly budget item.  Motion by Carmany for the City to contribute the $319.00 they received from Shokotan Charity plus an additional $31.00 to “The Rock” as payment for the summer recreation program who utilized the building during the course of the summer.  Seconded by Williamson and approved unanimously.


14.  Luger presented the monthly delinquent utility billing report and the Utility Board report.  VanDeVere reviewed the tier system and the proposed garbage rate increases with the Council.  Luger explained that the gap between the tiers significantly increased to encourage residents to recycle more.  Lutterman mentioned that the proposed increases would bring approximately $15,000.00 more to the garbage fund.  Motion by Harper to increase garbage rates effective October 1, 2005.  Seconded by Carmany and approved unanimously. 


15.  Petersen informed the Council that Kruger is still interested in purchasing the other lot and half.  Harper asked Petersen if anyone had approached Sandberg about constructing town homes instead of condominiums.  Petersen stated that some one has approached Sandberg about constructing town homes instead of condominiums, but Sandberg is insistent on building condominiums.


16.  Luger mentioned that she had met with the auditor who recommended that the library and the fire department be two separate line items.  Motion by VanDeVere to make the library a separate line item.  Seconded by Carmany and approved unanimously.  Motion by Harper to make the fire department a separate line item.  Seconded by Williamson and approved unanimously.


Luger asked the Council if Keith Kinner had to reapply for his hangar building permit that he applied for last year, the Council agreed that he did not have to reapply, but would have to sign a lease.  Luger informed the Council that the Tyler Senior Center had a phone line installed and that their new phone number is 507-247-4249.  She also stated that the City has been brought back into compliance with the USDA.


17.  VanDeVere questioned why the City plows all three of the Tyler Healthcare Center parking lots at no additional cost.  Luger agreed to evaluate their lease with the City.


18.  Motion by Williamson to approve the bills.  Seconded by Carmany and approved unanimously.


19.  There being no further business before the Council, Mayor VanDeVere adjourned the meeting at 9:04 p.m.

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