City of Tyler, Minnesota

Minnesota's Danish Heartland

July 5, 2005

1.   The regularly scheduled meeting of the Tyler City Council was called to order at 7:00 p.m., on July 5, 2005, at the Tyler Fire Hall.  Mayor VanDeVere and Council Members Carmany, Harper, Hunt, and Williamson present.  Staff Present: Lutterman, Nafziger, and Wibben. Guest Present: Bruce Houck from the RTR School District, Gary Wozniak, and Bill from Bolton and Menk.


2.   Motion by Carmany to approve the agenda with corrections.  Seconded by Harper and approved unanimously.


3.   Motion by Williamson to approve the June 6, 2005 and June 20, 2005 minutes.  Seconded by VanDeVere and approved unanimously.


4.   No items were presented under public express.


5.   Bruce Houck, the RTR School Superintendent inquired about the title change on the land by the football fields.  The Council remembered granting the land to the school for the fee of the title change with utility easement rights.  After some discussion, the Council agreed to have the land immediately transferred to the school by means of Petersen writing a deed.  No motion was required for this item since it was approved at a previous council meeting.   

      Houck continued by asking the Council if the City would be interested in contributing to the upgrade of the softball field to a baseball field at the high school.  VanDeVere stated the City has two lighted softball fields and suggested the school utilize the field deemed a baseball field.  Houck believed that the existing fields are not an option due to Minnesota League requirements.  Petersen and VanDeVere offered funding suggestions and asked Houck if there were other baseball fields available in the area.  Houck affirmed that the surrounding cities only have softball fields.  The Council agreed not to contribute to the upgrade of the softball field.


6.   Wozniak requested a variance to build a second garage five (5) feet from the south property line and fifteen (15) feet from the curb on the east side of the property.  The garage would approximately be twenty (20) feet by thirty (30) feet and located on Jean Street, a dead-end street with a field behind it.  Wozniak requested the variance to preserve lawn space and intended on using the additional garage for access, not for parking.  VanDeVere had reservations against the fifteen (15) feet variance because a parked vehicle would stick out into the road.  Wozniak stressed the additional garage is for access, not for parking.  Motion by Harper and seconded by Carmany to approve the variance request for Wozniak to construct a garage five feet from the south property line and fifteen feet from the curb.  The Council voted on the motion, and with Carmany, Harper, and Williamson voting yes and VanDevere voting no, the motion passed. 


7.   Wibben mentioned Andy Kehren’s suggestion of holding the third payment to McLaughlin and Schulz until the patching of the road is complete.  Motion by Williamson to approve the second payment to McLaughlin and Schulz.  Seconded by VanDeVere and approved unanimously.


8.   Wibben explained to the Council about David Drown Associates’ offer to complete the TIF reporting requirements for the price of $1,500 for the first district and $500 for each additional district.  Motion by Harper to hire David Drown Associates to prepare the TIF reporting requirements for the City of Tyler.  Seconded by Williamson and Carmany and approved unanimously.


9.   Petersen informed the Council that a draft of the City Code is completed and is in the process of being reviewed.  Petersen recommended the Council setting a public hearing on the City Code adoption at the August 1, 2005 meeting.  VanDeVere recommended setting the public hearing at the August 1, 2005 meeting.


10.  Spindler gave the monthly report for the Police Department where he reviewed the police report and informed the Council of a grant the department received.  He intends on using the grant money for new software that is more congruent with the county programs.  Spindler also updated the Council on the progress of the Police Department Policy Manual and replacing the police patches.


11.  Lutterman gave the monthly report for the Utility Department where he mentioned that the power lines that Tim O’Leary requested to be moved will be completed shortly.


12.  VanDeVere gave the Utility Board report where he stressed to the Council the importance of adopting the new utility policy so enforcement can begin immediately.  Hunt asked where the policy is from.  Wibben said the policy was taken from the City of Melrose and modified to work with our utility department.  Harper questioned the policy concerning the past due notices.  VanDeVere explained that the customer has sixty-five (65) days to pay their utility bill before a disconnection letter is sent.  Hunt questioned where the reconnect fee is located in the policy.  VanDeVere stated the current reconnect fee is twenty-five dollars ($25.00) and will be raised to one hundred ($100) to deter disconnections.  Motion by Carmany to adopt the Tyler Utility Policy.  Seconded by Williamson and approved unanimously.


13.  Carmany gave the Park and Recreation Board report where she presented the issues that were addressed at the meeting.  She first questioned the status on the grant with the swimming pool and Wibben stated she has not yet researched the deadline or requirements of the grant.  Carmany then updated the Council on the status of repairing the tennis courts.  She asked if McLaughlin and Schulz would be able to pave over the tennis courts, VanDeVere stressed that paving over the tennis courts would be unfeasible due to the condition of the courts. 


14.  Petersen gave the TRED report where he reviewed the letter from the hospital board that stated their conditions with selling the land south of the hospital.  He then explained to the Council how a TIF district would work with this development.


15. Wibben asked the Council to approve her request for time off.  Hunt mentioned that the Personnel Committee was aware of her request and approves her time off request.


      Wibben updated the Council on her findings concerning dog and cat licenses.  She found most cities require both dogs and cats to be licensed and informed the Council that the proposed City Code requires both dogs and cats to be licensed. 


      Wibben informed the Council that the City was found in noncompliance by the United States Department of Agriculture (USDA).  The City failed for three main reasons: (1) The Fire Department is not reporting the population segment they serve on each call; (2) An “Equal Rights” poster was not visible; and (3) The Fire Department has many structural items that do not meet ADA requirements.


16. Hunt gave the personnel committee report where he presented their recommendations concerning reimbursement amounts for Jan, Cindy, and Nate for their extra work during the interim period of the city administrator and police chief.  The reimbursement amounts were based off of a formula that the personnel committee agreed on.  Nafziger mentioned his hourly wage was incorrect and Wibben ensured the change would be corrected.  Motion by VanDeVere to accept the Personnel Committee's recommendations.  Seconded by Harper and approved unanimously.


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


18.  Hunt inquired about the possibility of charging the cost of paving the alleys to a business’ taxes.  After some discussion, the Council agreed to have Wibben research this issue further.  Motion by Hunt to ask businesses if they would be interested in charging the cost of paving their alley to their taxes.  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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