CITY OF MONTEVIDEO CITY COUNCIL PROCEEDINGS June 5, 2017

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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. Council President Garbe called the meeting to order at 7:00 P.M. with the Pledge of Allegiance. Council members present: Marvin Garbe, Bryce Curtiss, Nathan Schmidt and Todd Hay. Absent: None. Mayor Debra Lee Fader present. Also present were: City Manager Steven C. Jones, City Engineer David Berryman and City Clerk Glennis Lauritsen. It was moved by Schmidt, seconded by Curtiss and unanimously passed to approve the agenda, with the following modifications: MODIFY: 5A) CONSIDER APPROVAL OF VERIFIED CLAIMS FOR THE PERIOD ENDING JUNE 1, 2017 IN THE AMOUNT OF $273, $328, Revised amount reflects the following additional claims: LIQUOR Breakthru Beverage - Inventory $ 2, Johnson Brothers Liquor Co. - Inventory 3, MN Department of Revenue - Sales Tax 17, Paustis Wine Company - Inventory 2, Phillips Wine & Spirits - Inventory 7, Southern Glazer s of MN - Inventory 3, EDA ADMINISTRATION Wildwood Montessori School - Sponsorship 2, MCDC Wildwood Montessori School - Sponsorship 3, MISCELLANEOUS Farmer s Union Oil Co. - Gas, etc. 4,995.43

2 Page No. 2 UTILITY MN Department of Revenue - Sales Tax 7, MODIFY: 7B) CONSIDER RESOLUTION DIRECTING THE ABATEMENT OF A NUISANCE AT 620 WEST HIGHWAY 212 (FIESTA MOTEL). Modified resolution provided (correcting dates). MODIFY: 7I) CONSIDER RESOLUTION ACCEPTING GIFTS/GRANTS FROM VARIOUS ORGANIZATIONS & INDIVIDUALS. Modified resolution provided. ADD: 7L) CONSIDER APPROVAL OF OFFERING FREE DOG LICENSES (OR COUPONS) TO BOTH CITY AND NON-CITY RESIDENTS DURING THE DOG DAYS OF SUMMER EVENT AUGUST 3, It was moved by Hay, seconded by Curtiss and unanimously passed to approve the minutes of the regular meeting of May 15, 2017, as presented. 4. Notices/Communications/Announcements or Appearance of Interested Citizens. 4(A) INTRODUCTION OF INTERIM HOSPITAL CEO. Chuck Bruhn introduced himself as the interim Hospital CEO, stating he had worked 35 years in the health care industry and had been CEO of three hospitals over the past 20 years. Mr. Bruhn briefly shared with the council his role in this capacity and invited the council to contact him at any time. 5. Consent Agenda. It was moved by Schmidt, seconded by Hay and unanimously passed to approve the following consent agenda items: 5(A) VERIFIED CLAIMS FOR THE PERIOD ENDING JUNE 1, 2017 IN THE (MODIFIED) AMOUNT OF $328,

3 Page No. 3 5(B) APPLICATION FROM THE CHIPPEWA COUNTY FAIR ASSOCIATION FOR AN EXEMPTION FROM LAWFUL GAMBLING LICENSE REQUIREMENTS FOR RAFFLE ACTIVITY BY THE 4H ORGANIZATION ON JULY 30, 2017 DURING THE FAIR. 6. Public Hearings. - None. 7. General Business. 7(A) FINAL 2016 FUND BALANCES. Finance Director Jan Flaherty was on hand to present the final 2016 committed and assigned fund balances. In accordance with Governmental Accounting Standards Board Statement No. 54 (GASB54), the committed and assigned portions of the city s fund balances are to be approved by council. At the end of 2016, the General Fund reflected revenues over expenditures of $44,167. It was moved by Curtiss, seconded by Schmidt and unanimously passed to approve the committed and assigned fund balances, as presented. 7(B) NUISANCE ABATEMENT WEST HIGHWAY 212. Assistant City Manager Angela Steinbach was on hand to present a nuisance issue at the Fiesta Motel property, 620 West Highway 212. Notices have been sent to the property owners and, although some work has been done to abate the nuisances, the condition remains and continues to be in violation of city codes. Therefore, a resolution has been prepared directing the property owners to abate the nuisance by July 3, BRYCE CURTISS OFFERED RESOLUTION NO. 3436, A RESOLUTION DIRECTING THE ABATEMENT OF NUISANCE AT 620 WEST HIGHWAY 212, AND MOVED ITS ADOPTION. MOTION FOR ADOPTION OF RESOLUTION NO WAS SECONDED BY TODD HAY. THOSE VOTING IN FAVOR OF MOTION: BRYCE CURTISS, TODD HAY, NATHAN SCHMIDT AND MARVIN GARBE. THOSE VOTING AGAINST MOTION: NONE. RESOLUTION PASSED 4-0.

4 Page No. 4 7(C) VERTICAL ROAD CLEARANCE - MN/DOT BRIDGE #9287. Staff explained that the city has been working with the U.S. Army Corps of Engineers (ACOE) and the Minnesota Department of Transportation (Mn/DOT) on Stage 3A of the levee project. Mn/DOT has requested a resolution from the city approving vertical road clearance for Parkway Drive under Mn/DOT Bridge #9287 to enable them to issue a right-of-way permit to the city. BRYCE CURTISS OFFERED RESOLUTION NO. 3437, A RESOLUTION APPROVING VERTICAL ROAD CLEARANCE FOR PARKWAY DRIVE UNDER MN/DOT BRIDGE #9287, 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 AND MARVIN GARBE. THOSE VOTING AGAINST MOTION: NONE. RESOLUTION PASSED (D) UTILITIES GARDEN TRACTOR QUOTES. Utilities Superintendent Byron Hayunga was on hand to present quotes received on a garden tractor for the Wastewater Treatment Plant. Two quotes were received, with the low quote submitted by KEI (Kibble Equipment) off of the state contract in the amount of $11, The purchase would be paid out of the Utilities Capital Improvement Fund where $10,000 has been set aside for several years. It was moved by Hay, seconded by Curtiss and unanimously passed to accept the low quote of Kibble Equipment in the amount of $11, (E) REASSESSMENT (223 SOUTH 6 TH STREET). The property at 223 South 6 th Street was tax forfeited by Chippewa County and has since been sold to Deron & Shannon Homan. This property was previously provided with improvements, for which there are remaining assessments. In accordance with the city s current assessment policy regarding tax forfeited property, a portion of the balances remaining have been forgiven 1/15th each year. Therefore, the following reassessments are proposed:

5 Page No. 5 Project Amount Assessment Rate 2005 Street Project $ years 2.7% 2011 Cleanup $ years 5.25% 2008 Cleanup $ years 5.25% 2008 Curb Box Repairs $ years 5.25% The interest rate for the 2005 Street Project reflects the original rate applied. The interest rates for the other reassessments were calculated in accordance with the city s assessment policy, whereby the city may charge an interest rate of prime rate plus 2%, rounded to the nearest 1/10%, set at the time the funds are first used and as allowed by law. The Homans have executed the four (4) voluntary assessment agreements indicating their desire to have the amounts reassessed and waiving any notice or right to a hearing otherwise provided by law. By signing the agreements, the property owners waived their right to a public hearing otherwise provided by law. TODD HAY OFFERED RESOLUTION NO. 3438, A RESOLUTION AUTHORIZING (4) AGREEMENTS FOR VOLUNTARY ASSESSMENT, 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, NATHAN SCHMIDT AND MARVIN GARBE. THOSE VOTING AGAINST MOTION: NONE. RESOLUTION PASSED (F) MN/DOT MASTER PARTNERSHIP CONTRACT. A Master Partnership Contract is proposed with Mn/DOT for the purposes of constructing, maintaining and improving the trunk highway system in Montevideo. This would renew an existing five-year contract, and the new contract would expire June 30, NATHAN SCHMIDT OFFERED RESOLUTION NO. 3439, A RESOLUTION AUTHORIZING MN/DOT MASTER PARTNERSHIP CONTRACT NO FOR THE DESIGN, CONSTRUCTION, MAINTENANCE AND OPERATION OF STATE AND LOCAL ROADS, AND MOVED ITS ADOPTION. MOTION FOR ADOPTION OF RESOLUTION NO WAS SECONDED BY TODD HAY. THOSE VOTING IN FAVOR OF MOTION: NATHAN SCHMIDT, TODD HAY, BRYCE CURTISS

6 Page No. 6 AND MARVIN GARBE. THOSE VOTING AGAINST MOTION: NONE. RESOLUTION PASSED (G) UMVRDC MAP SERVICES AGREEMENT. An agreement was presented with the UMVRDC for professional services for continued work on proposed art projects by MAP in Montevideo. The agreement pays $3,000 to the UMVRDC to implement the Tractor SMAC Project Grant. It was moved by Curtiss, seconded by Hay and unanimously passed to approve the agreement, as presented. 7(H) DUININCK (UPDATED) CLAY PURCHASE AGREEMENT. The city is responsible for providing clay for the levee project and has an existing agreement with Duininck, Inc. approved in An updated agreement has been drafted extending the dates of use by two years. Cost is established at $0.75/cubic yard and staff estimated a total cost that could exceed $120,000. It was moved by Hay, seconded by Curtiss and unanimously passed to approve the agreement with Duininck, Inc., as presented. 7(I) ACCEPTANCE OF GIFTS/GRANTS. The following donations have been received by the city: Name Description Amount/Value Sally Phillips Helling MAP Project (Tractor Art) Donation $ Jane Nerison Tractor Art Donation Montevideo EDA Tractor Art Donation MCDC Tractor Art Donation MCDC Dog Days of Summer Event Donation NATHAN SCHMIDT OFFERED RESOLUTION NO. 3440, A RESOLUTION ACCEPTING GIFTS/GRANTS, AND MOVED ITS ADOPTION. MOTION FOR ADOPTION OF RESOLUTION NO WAS SECONDED BY TODD HAY. THOSE VOTING IN FAVOR OF MOTION: NATHAN SCHMIDT, TODD HAY,

7 Page No. 7 BRYCE CURTISS AND MARVIN GARBE. THOSE VOTING AGAINST MOTION: NONE. RESOLUTION PASSED (J) COUNCIL MEMBER APPOINTMENT. The council, by a majority vote, needs to fill the vacant position of Karen Nieuwbeerta with an appointed member until the next regular election is held (November 2018). Interest has been expressed by Sandra Hodge to fill the vacancy. There was no other public interest received. It was moved by Schmidt, seconded by Hay and unanimously passed to appoint Sandra Hodge to the Montevideo City Council, to fulfill the unexpired term of Karen Nieuwbeerta. 7(K) KAREN NIEUWBEERTA APPRECIATION. TODD HAY OFFERED RESOLUTION NO. 3441, A RESOLUTION OF APPRECIATION FOR RETIRED CITY COUNCIL MEMBER KAREN NIEUWBEERTA, AND MOVED ITS ADOPTION. MOTION FOR ADOPTION OF RESOLUTION NO WAS SECONDED BY NATHAN SCHMIDT. THOSE VOTING IN FAVOR OF MOTION: TODD HAY, NATHAN SCHMIDT, BRYCE CURTISS AND MARVIN GARBE. THOSE VOTING AGAINST MOTION: NONE. RESOLUTION PASSED (L) DOG DAYS OF SUMMER EVENT. Earlier this year, the council approved the use of Smith Park for a Dog Days of Summer event on Thursday, August 3 rd. To encourage owners to license their dogs, the Montevideo Police Department would like to issue coupons for free licenses. Owners who do not have up-to-date vaccinations would need to provide proof of vaccination before issuance of a license, but they would still be eligible to take a coupon for later use. Staff requested that these coupons be offered to both residents and non-residents, in an effort to encourage vaccinations and to help with returning lost dogs to their owners. It was noted that if the licenses/coupons are redeemed at Perfect Paws, the city would reimburse them their share of the license fee (50%/$10 each). If they are redeemed at city hall, there would be no direct out-of-pocket cost. It was moved by Schmidt, seconded by Curtiss and unanimously passed to approve the issuance of free dog licenses/coupons for the Dog Days of Summer event August 3 rd.

8 Page No Ordinances. 8(A) ACCESSORY BUILDING SIZE/APPEARANCE. Ordinance No. 945 was introduced at the May 15, 2017 city council meeting. The proposed ordinance language would allow two (2) additional accessory structures (sheds) not to exceed 200 square feet and would also address material, quality and appearance of the structures. IT WAS MOVED BY BRYCE CURTISS THAT ORDINANCE NO. 945, AN ORDINANCE AMENDING (A) OF THE MONTEVIDEO CITY CODE, ACCESSORY BUILDING AND STRUCTURES, RESIDENTIAL DISTRICTS, BE ADOPTED. MOTION FOR ADOPTION OF ORDINANCE NO. 945 WAS SECONDED BY TODD HAY. THOSE VOTING IN FAVOR OF MOTION: BRYCE CURTISS, TODD HAY, NATHAN SCHMIDT AND MARVIN GARBE. THOSE VOTING AGAINST MOTION: NONE. ORDINANCE PASSED Discussion and Miscellaneous. City Engineer Berryman updated the council on the 2017 street work. Contracts have been drafted, and a pre-construction meeting will be scheduled. Brief discussion took place regarding 3 rd Street and ADA requirements. Mayor Fader thanked the engineer for the ADA improvements and thanked city staff for all of its work in the community. Council member Schmidt thanked Interim Hospital CEO Chuck Bruhn for coming to the meeting. As council representative on the Hospital Board, Schmidt stated that it has been nice to have new/fresh input. Council member Hay thanked staff for the updated signage at the city s compost site. Council president Garbe commented on the successful Wellhead Protection meeting held the previous week and thanked Utilities Superintendent Hayunga for his work on this issue.

9 Page No. 9 Meeting adjourned at 7:38 P.M. Glennis A. Lauritsen, Secretary Approved by council June 19, 2017: Marvin E. Garbe, President

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