CITY OF MONTEVIDEO CITY COUNCIL PROCEEDINGS January 7, 2013

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1 CITY OF MONTEVIDEO CITY COUNCIL PROCEEDINGS The city council met in regular session Monday, in the council chambers at city hall. Mayor Fader called the meeting to order at 7:00 P.M. with the Pledge of Allegiance. Council members present: Marvin Garbe, Karen Nieuwbeerta, Bryce Curtiss, Todd Hay and Nathan Schmidt. Absent: None. Mayor Debra Lee Fader present. Also present were: City Manager Steven C. Jones, City Engineer David Berryman, City Attorney Janice Nelson and City Clerk Glennis Lauritsen. 1(A) OATH OF OFFICE ADMINISTERED. City Clerk Glennis Lauritsen administered the Oath of Office to re-elected Mayor Debra Lee Fader and newly elected council members Todd Hay and Nathan Schmidt. 1(B) ELECTION OF COUNCIL PRESIDENT. Schmidt nominated Marvin Garbe for the position of council president. Nieuwbeerta seconded the nomination. There were no other nominations. It was moved by Nieuwbeerta, seconded by Curtiss and unanimously passed that nominations cease and Marvin Garbe be appointed president of the council. Those voting in favor of motion: Nieuwbeerta, Curtiss, Schmidt and Hay. Those voting against motion: None. Garbe abstained. Motion carried. Garbe presided over the remainder of the meeting. It was moved by Curtiss, seconded by Nieuwbeerta and unanimously passed to approve the agenda, as presented. It was moved by Curtiss, seconded by Hay and unanimously passed to approve the minutes of the regular meeting of December 17, 2012, as presented. 4. Notices/Communications/Announcements or Appearance of Interested Citizens. 4(A) EMPLOYEE SERVICE AWARD. Mayor Fader presented Police Officer George Eklund with a 10-year employee service award. Eklund was hired January 1, 2003.

2 Page No Consent Agenda. It was moved by Schmidt, seconded by Nieuwbeerta and unanimously passed to approve the following consent agenda items: 5(A) 5(B) VERIFIED CLAIMS FOR THE PERIOD ENDING JANUARY 4, 2013 IN THE AMOUNT OF $1,673, PRESIDENT GARBE NOTED THAT THE LARGE DOLLAR AMOUNT WAS DUE PRIMARILY TO THE CITY S 11 BOND PAYMENTS. LIST OF SURPLUS/SEIZED ITEMS FOR SALE BY THE POLICE DEPARTMENT. 6. Public Hearings. - None. 7. General Business. ORGANIZATIONAL ITEMS OF BUSINESS: 7(A) SECRETARY TO COUNCIL/2013. It was moved by Curtiss, seconded by Hay and unanimously passed to appoint Glennis A. Lauritsen as secretary to the council for (B) ACTING CITY MANAGER / ACTING CITY CLERK FOR BRYCE CURTISS OFFERED RESOLUTION NO. 3143, A RESOLUTION PROVIDING FOR AN ACTING CITY MANAGER (GLENNIS LAURITSEN) AND ACTING CITY CLERK (JAN FLAHERTY) WHEN SUCH MAY BE REQUIRED, AND MOVED ITS ADOPTION. MOTION FOR ADOPTION OF RESOLUTION NO WAS SECONDED BY TODD HAY. THOSE VOTING IN FAVOR OF MOTION: MARVIN GARBE, BRYCE CURTISS, NATHAN SCHMIDT, KAREN NIEUWBEERTA AND TODD HAY. THOSE VOTING AGAINST MOTION: NONE. RESOLUTION PASSED 5-0.

3 Page No. 3 7(C) DEPOSITORIES FOR It was moved by Nieuwbeerta, seconded by Curtiss and unanimously passed to designate the following institutions as depositories for city funds: KleinBank, Montevideo Minnwest Bank, Montevideo Co-Op Credit Union, Montevideo 4M Fund/League of Minnesota Cities Morgan Stanley Multi-Bank Securities, Inc. 7(D) WIRE TRANSFER OF FUNDS. NATHAN SCHMIDT OFFERED RESOLUTION NO. 3144, A RESOLUTION AUTHORIZING WIRE TRANSFER OF FUNDS, AND MOVED ITS ADOPTION. MOTION FOR ADOPTION OF RESOLUTION NO WAS SECONDED BY BRYCE CURTISS. THOSE VOTING IN FAVOR OF MOTION: NATHAN SCHMIDT, BRYCE CURTISS, KAREN NIEUWBEERTA, MARVIN GARBE, AND TODD HAY. THOSE VOTING AGAINST MOTION: NONE. RESOLUTION PASSED (E) ACTING MAYOR /2013. KAREN NIEUWBEERTA OFFERED RESOLUTION NO. 3145, A RESOLUTION PROVIDING FOR AN ACTING MAYOR (BRYCE CURTISS), AND MOVED ITS ADOPTION. MOTION FOR ADOPTION OF RESOLUTION NO WAS SECONDED BY NATHAN SCHMIDT. THOSE VOTING IN FAVOR OF MOTION: KAREN NIEUWBEERTA, NATHAN SCHMIDT, BRYCE CURTISS, TODD HAY AND MARVIN GARBE. THOSE VOTING AGAINST MOTION: NONE. RESOLUTION PASSED (F) ACTING CITY ATTORNEY/2013. BRYCE CURTISS OFFERED RESOLUTION NO. 3146, A RESOLUTION PROVIDING FOR AN ACTING CITY ATTORNEY WHEN SUCH MAY BE REQUIRED (DAVID GILBERTSON), AND MOVED ITS ADOPTION. MOTION FOR ADOPTION OF RESOLUTION NO WAS SECONDED BY TODD HAY.

4 Page No. 4 THOSE VOTING IN FAVOR OF MOTION: BRYCE CURTISS, TODD HAY, NATHAN SCHMIDT, KAREN NIEUWBEERTA AND MARVIN GARBE. THOSE VOTING AGAINST MOTION: NONE. RESOLUTION PASSED (G) APPOINTMENT OF LICENSE INSPECTOR FOR It was moved by Curtiss, seconded by Schmidt and unanimously passed to appoint the police chief as license inspector for (H) APPOINTMENT OF HEALTH INSPECTOR FOR It was moved by Hay, seconded by Nieuwbeerta and unanimously passed to appoint Dr. Tom Birkey as health inspector for (I) OFFICIAL NEWSPAPER DESIGNATION/2013. It was moved by Schmidt, seconded by Curtiss and unanimously passed to designate the Montevideo American-News as the city s official newspaper for (J) HUMAN RIGHTS OFFICER/ALTERNATES FOR It was moved by Schmidt, seconded by Hay and unanimously passed to appoint the city manager as the human rights officer, with the city clerk and police chief designated as alternate human rights officers. 7(K) APPOINTMENT OF HEARING OFFICER FOR It was moved by Nieuwbeerta, seconded by Curtiss and unanimously passed to appoint Stacey L. Lee as administrative hearing officer for 2013, at the rate of $125.00/hour, including windshield time to/from Montevideo (same rate as 2012.) 7(L) APPOINTMENT OF COUNCIL MEMBERS TO BOARDS/COMMISSIONS. Staff supplied a list of positions available on the city s various boards and commissions for review and appointment by the council. A clarification was made regarding airport commission membership, noting that term of office is two years (previously listed as

5 Page No. 5 three-year terms); and that the position held by council member Nieuwbeerta is considered a city appointment only and does not need to be filled by a council member. It was noted further that Nieuwbeerta is not eligible for reappointment to this position inasmuch as there is a five term maximum. It was moved by Nieuwbeerta, seconded by Curtiss and unanimously passed to appoint Matt VanGorp to the Montevideo Planning Commission, term expiring January It was moved by Schmidt, seconded by Curtiss and unanimously passed to appoint Todd Hay to the Airport Commission, term expiring January Council member Curtiss recommended that incumbent Mark Rekow be reappointed to the Hospital Commission and that the other interested individual (Laura Mahlum) be made aware of additional board/commission openings. Council members concurred, and Rekow s appointment will be included with the entire list of appointments (listed below.) It was moved by Hay, seconded by Curtiss and unanimously passed to appoint Lyle Henning to the Traffic Safety Improvement Committee, term expiring December 31, It was moved by Nieuwbeerta, seconded by Hay and unanimously passed to appoint Laura Mahlum to the Montevideo Park Board, term expiring January It was moved by Curtiss, seconded by Schmidt and unanimously passed to make/ratify the following appointments: Board of Health 1-year term to December 31, 2012 Planning Commission 3-year term to January 2015 Dr. Thomas Birkey (I) Adam Christopher (I) Steve Jones (I) Debra Lee Fader (I) Kathy Thalberg (I) Matt VanGorp

6 Page No. 6 Airport Commission 2-year term to January 2015 Tom Birkey (I) Todd Hay Police Civil Service Commission 3-year term to January 2016 Scott Marquardt (I) Hospital Commission 3-year term to December 31, 2015 Mark Rekow (I) Traffic Safety Improvement Committee 1-year terms to December 31, 2013 Marv Dehne (I) Stacy Tufto (I) Jim Curtiss (I) Lyle Henning Park Board 5-year term to January 2018 Laura Mahlum Cable Advisory Board 3-year term to December 31, 2015 Marv Dehne (I) Housing Commission 3-year term to December 31, 2015 Sharon Olson (I) Beth Russell (I) Convention & Visitor s Bureau 2-year terms to December 31, 2014 Donna Krueger (I)

7 Page No. 7 Building & Housing Advisory Appeals Board 3-year term to December 31, 2014 Arland Bebensee (I) Montevideo United Way Fulfills a 3-year term to March 2013 Laura Mahlum VA Home Subcommittee Marvin Garbe (I) Jim Curtiss Steve Jones (staff) Angela Steinbach (staff) Dennis Anderson (county) Tim Kolhei (county VSO) It was moved by Curtiss, seconded by Schmidt and unanimously passed to appoint council members to the various boards/commissions, as follows: MCDC - Nathan Schmidt, term expiring 12/31/13. Joint City/County Airport Zoning Board - Todd Hay - term expiring 12/31/13. County Planning Commission - Karen Nieuwbeerta - term expiring 12/31/13. County Elected Officials Committee - Debra Lee Fader - term expiring 12/31/13. County Library Board - Todd Hay - term expiring 12/31/14. 7(N) MAYORAL EDA APPOINTMENTS. It was moved by Nieuwbeerta, seconded by Hay and unanimously passed to ratify the mayoral appointment of the following individuals: Glen Moe, term expiring December 31, Marvin Garbe, term expiring December 31, Bryce Curtiss, term expiring December 31, (O) COMPREHENSIVE PLAN COMMITTEE APPOINTMENTS. Work is currently underway to update the city s comprehensive plan. Members of the city council, EDA, planning commission and other various organizations are being asked

8 Page No. 8 to participate in the process. A number of committees are being formed for this purpose; therefore, council members were polled for their interest, resulting in the following: A) Residential Development Committee Nathan Schmidt B) Commercial/Industrial Development Committee Marvin Garbe D) Transportation Plan Committee Todd Hay E) Capital Improvements Committee (community facilities, public buildings/structures) Bryce Curtiss F) Capital Improvements Committee (utilities) Bryce Curtiss G) Future Growth/Annexation Committee Karen Nieuwbeerta H) Flood Plain Issues Committee Todd Hay 7(P) RECOGNITION OF FORMER COUNCIL MEMBERS JOHNSRUD & HODGE. Al Johnsrud and Sandra Hodge have retired as Montevideo City Council members. Resolutions of Appreciation have been prepared, acknowledging four years of service by Johnsrud and 14 years of service by Hodge. BRYCE CURTISS OFFERED RESOLUTION NO. 3147, A RESOLUTION OF APPRECIATION TO AL JOHNSRUD, AND MOVED ITS ADOPTION. MOTION FOR ADOPTION OF RESOLUTION NO WAS SECONDED BY NATHAN SCHMIDT. THOSE VOTING IN FAVOR OF MOTION: BRYCE CURTISS, NATHAN SCHMIDT, TODD HAY, KAREN NIEUWBEERTA AND MARVIN GARBE. THOSE VOTING AGAINST MOTION: NONE. RESOLUTION PASSED 5-0.

9 Page No. 9 KAREN NIEUWBEERTA OFFERED RESOLUTION NO. 3148, A RESOLUTION OF APPRECIATION TO SANDRA HODGE, AND MOVED ITS ADOPTION. MOTION FOR ADOPTION OF RESOLUTION NO WAS SECONDED BY TODD HAY. THOSE VOTING IN FAVOR OF MOTION: KAREN NIEUWBEERTA, TODD HAY, NATHAN SCHMIDT, BRYCE CURTISS AND MARVIN GARBE. THOSE VOTING AGAINST MOTION: NONE. RESOLUTION PASSED 5-0. Council asked that staff invite Johnsrud and Hodge to appear at a future meeting, to formally accept the resolution. 7(Q) 2:00 A.M. CLOSING RENEWAL - GROAT S. It was moved by Curtiss, seconded by Nieuwbeerta and unanimously passed to approve submittal by Groat s, Inc., of their State Renewal Application for Optional Liquor 2AM. 7(R) UMVRDC NOMINATION. It was moved by Curtiss, seconded by Schmidt and unanimously passed to nominate Mayor Fader to a position available on the Upper MN Valley Regional Development Commission (UMVRDC). 7(S) FIRE RELIEF ASSOCIATION DONATION OF $25,500. The Montevideo Fire Relief Association requested the city accept a donation in the total amount of $25,500. Their wish is that the funds be distributed as follows: $21,950 targeted for future (new) fire hall expenses (equipment/furniture/additional expenses) and $3,550 to Monte Youth Sports. KAREN NIEUWBEERTA OFFERED RESOLUTION NO. 3149, A RESOLUTION ACCEPTING GIFT, AND MOVED ITS ADOPTION. MOTION FOR ADOPTION OF RESOLUTION NO WAS SECONDED BY NATHAN SCHMIDT. THOSE VOTING IN FAVOR OF MOTION: KAREN NIEUWBEERTA, NATHAN SCHMIDT, TODD HAY, BRYCE CURTISS AND MARVIN GARBE. THOSE VOTING AGAINST MOTION: NONE. RESOLUTION PASSED 5-0.

10 Page No. 10 7(T) FEES & CHARGES AMENDMENT. Tostenson, Inc. has received notice from McLeod County and Waste Management that effective January 1, 2013, the county tax on garbage will increase by $2.00 per ton, resulting in a $3.50/ton tipping fee. Therefore, it is necessary for Tostenson s to increase its fees by.98%, as follows: Old Rate Increase New Rate 35-gallon container $ $.16 $ gallon container $ $.21 $ gallon container $ $.25 $ This is a cost incurred by Tostenson s and passed on to the customer. In order to list the new costs in the city s fees & charges schedule for 2013, a resolution is required. TODD HAY OFFERED RESOLUTION NO. 3150, A RESOLUTION AMENDING 2013 FEES & CHARGES SCHEDULE, AND MOVED ITS ADOPTION. MOTION FOR ADOPTION OF RESOLUTION NO WAS SECONDED BY BRYCE CURTISS. THOSE VOTING IN FAVOR OF MOTION: TODD HAY, BRYCE CURTISS, KAREN NIEUWBEERTA, NATHAN SCHMIDT AND MARVIN GARBE. THOSE VOTING AGAINST MOTION: NONE. RESOLUTION PASSED (U) LEVEE PHASE 2 GRANT AGREEMENT AMENDMENT. The State of Minnesota has agreed to pay for additional costs associated with the completion of Phase 2 of the levee project. The city needs to agree to this grant amendment in order to proceed forward with attempting to close out the financing. The amendment adds $90, to the existing contract and extends the end date one year. It was moved by Curtiss, seconded by Hay and unanimously passed to approve Amendment No. 1 to PO # (V) FINAL PAYMENT - ARMY CORPS OF ENGINEERS - PHASE 2 LEVEE. It was moved by Nieuwbeerta, seconded by Curtiss and unanimously passed to approve final payment to the Army Corps of Engineers for Phase 2 levee construction in the amount of $97,000.

11 Page No. 11 7(W) 2012 STORAGE BUILDING VENTILATION BID AWARD. Bids were received by the city on the 2012 Montevideo Minnesota Storage Building Ventilation Project (former Culligan building in Smith Addition) on December 27, There were eight (8) planholders; however, only one bid was submitted from Heartland Electric, Inc., Montevideo, in the amount of $13, It was moved by Nieuwbeerta, seconded by Curtiss and unanimously passed to approve the bid from Heartland Electric, with the expense being split between the utility and the city s Capital Improvement Fund. 7(X) BENSON ROAD SAFE ROOM. City Manager Jones explained that in order to proceed on plans to erect a safe room along Benson Road, several documents need to be approved by the city council: 1) a resolution agreeing to the execution of a sub-grant agreement with the Division of Homeland Security & Emergency Management (HSEM); 2) a Letter of Maintenance; and, 3) a Letter of Commitment of Funds. Project cost is estimated at $124,600, with HSEM share of 75% at $93,450 and local cost (25%) at $31,150. Local cost includes land value at least $23,100, in-kind, pre-award costs, engineering, local staff costs.) NATHAN SCHMIDT OFFERED RESOLUTION NO. 3151, A RESOLUTION AUTHORIZING EXECUTION OF SUB-GRANT AGREEMENT, AND MOVED ITS ADOPTION. MOTION FOR ADOPTION OF RESOLUTION NO WAS SECONDED BY BRYCE CURTISS. THOSE VOTING IN FAVOR OF MOTION: NATHAN SCHMIDT, BRYCE CURTISS, TODD HAY, KAREN NIEUWBEERTA AND MARVIN GARBE. THOSE VOTING AGAINST MOTION: NONE. RESOLUTION PASSED 5-0. It was moved by Curtiss, seconded by Hay and unanimously passed to approve the Letter of Maintenance Statement for the Benson Road Safe Room Project. It was moved by Curtiss, seconded by Schmidt and unanimously passed to approve the Letter of Commitment of Funds for the Benson Road Safe Room Project.

12 Page No. 12 7(Y) SMITH ADDITION ACQUISITIONS/DEMOLITION (FLOOD MITIGATION) City Manager Jones explained that in order to proceed on plans to participate in another round of buyouts in Smith Addition (commercial and residential properties), several documents need to be approved by the city council: 1) a resolution agreeing to the execution of a sub-grant agreement with the Division of Homeland Security & Emergency Management (HSEM); 2) a Letter of Maintenance; and, 3) a Letter of Commitment of Funds. Project cost is estimated at $500,000, with HSEM share of 75% at $375,000 and local cost (25%) at $125,000. The DNR, MCDC and EDA have agreed to cover the local share, as follows: DNR - $62,500, EDA - $31,250 and MCDC - $31,250. BRYCE CURTISS OFFERED RESOLUTION NO. 3152, A RESOLUTION AUTHORIZING EXECUTION OF SUB-GRANT AGREEMENT, AND MOVED ITS ADOPTION. MOTION FOR ADOPTION OF RESOLUTION NO WAS SECONDED BY KAREN NIEUWBEERTA. THOSE VOTING IN FAVOR OF MOTION: BRYCE CURTISS, KAREN NIEUWBEERTA, TODD HAY, NATHAN SCHMIDT AND MARVIN GARBE. THOSE VOTING AGAINST MOTION: NONE. RESOLUTION PASSED 5-0. It was moved by Schmidt, seconded by Hay and unanimously passed to approve the Letter of Maintenance Statement for the Smith Addition Acquisitions & Demolition Project. It was moved by Hay, seconded by Curtiss and unanimously passed to approve the Letter of Commitment of Funds for the Smith Addition Acquisitions & Demolition Project. 8. Ordinances. - None. 9. Discussion and Miscellaneous. City Engineer Berryman stated that state aid plans would be submitted in the following week.

13 Page No. 13 Council president Garbe referred to the sewer connection issue at Park Avenue, previously discussed by the council, with concerns about the possible condition of the stub when it was connected to by the property owner. City Manager Jones reiterated ordinance language which clearly outlines ownership of utility connections by the property owner. Meeting adjourned at 8:08 P.M. Glennis A. Lauritsen, Secretary Approved by council January 22, 2013: Marvin E. Garbe - President

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