CITY OF MONTEVIDEO CITY COUNCIL PROCEEDINGS May 15, 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, Todd Hay and Karen Nieuwbeerta. Absent: None. Mayor Debra Lee Fader present. Also present were: Assistant City Manager Angela Steinbach, Rodeberg & Berryman Engineer Mike Amborn, City Attorney Janice Nelson and City Clerk Glennis Lauritsen. It was moved by Schmidt, seconded by Hay and unanimously passed to approve the agenda, with the following modifications: MODIFY: 5A) CONSIDER APPROVAL OF VERIFIED CLAIMS FOR THE PERIOD ENDING MAY 12, 2017 IN THE AMOUNT OF $187, $205, Revised amount reflects the following additional claims: MISCELLANEOUS Xcel Energy - Electricity 9, PUBLIC WORKS Bothun Insulation & Coatings - Floors - Pool & Park Restroom 7, ADD: 5B) CONSIDER APPLICATION FROM THE CHIPPEWA COUNTY FAIR ASSOCIATION FOR AN EXEMPTION FROM LAWFUL GAMBLING LICENSE REQUIREMENTS FOR RAFFLE ACTIVITY DURING THE FAIR JULY 26-30, ADD: 5C) CONSIDER APPLICATION FROM THE CHIPPEWA COUNTY FAIR ASSOCIATION FOR AN EXEMPTION FROM LAWFUL GAMBLING LICENSE REQUIREMENTS FOR RAFFLE ACTIVITY AT THE FIESTA CITY SPEEDWAY AUGUST 18, 2017.

2 Page No. 2 MODIFY: 7G) CONSIDER RESOLUTION ACCEPTING GIFTS/GRANTS FROM VARIOUS ORGANIZATIONS AND INDIVIDUALS. Updated resolution provided. ADD: 7J) CONSIDER BIDS RECEIVED FOR THE 2017 STREET & STORM SEWER IMPROVEMENT PROJECTS. It was moved by Curtiss, seconded by Nieuwbeerta and unanimously passed to approve the minutes of the regular meeting of May 1, 2017, as presented. 4. Notices/Communications/Announcements or Appearance of Interested Citizens. 4(A) EMPLOYEE SERVICE AWARD - DOUG DOTY. Mayor Fader presented Utilities Department employee Doug Doty with a Certificate of Appreciation for 20-years of service with the City of Montevideo. Doug was hired May 12, Consent Agenda. It was moved by Hay, seconded by Schmidt and unanimously passed to approve the following consent agenda items: 5(A) 5(B) 5(C) VERIFIED CLAIMS FOR THE PERIOD ENDING MAY 12, 2017 IN THE (MODIFIED) AMOUNT OF $205, APPLICATION FROM THE CHIPPEWA COUNTY FAIR ASSOCIATION FOR AN EXEMPTION FROM LAWFUL GAMBLING LICENSE REQUIREMENTS FOR RAFFLE ACTIVITY DURING THE FAIR JULY 26-30, APPLICATION FROM THE CHIPPEWA COUNTY FAIR ASSOCIATION FOR AN EXEMPTION FROM LAWFUL GAMBLING LICENSE REQUIREMENTS FOR RAFFLE ACTIVITY AT THE FIESTA CITY SPEEDWAY AUGUST 18, 2017.

3 Page No Public Hearings. 6(A) FINAL PUBLIC HEARING STREET & STORM SEWER IMPROVEMENTS. President Garbe called the public hearing to order at 7:07 P.M. for the purpose of providing the final public hearing on the proposed assessment roll for the 2017 Street & Storm Sewer Improvements. Rodeberg & Berryman Engineer Amborn briefly reviewed the handout prepared by their office for the 2017 Projects, which discussed the city s assessment policy and provided assessment costs associated. The council took public comment on the following projects: # Project 1 - Merriam Avenue, 3 rd Street to 8 th Street & Extending East to Alley: Amborn stated that he had been contacted by the property owner of 324 South 3 rd Street with a concern relative to the curb improvement cost. It was noted that some of the curb had been done with the 2016 projects and, therefore, the engineers recommended an adjustment to the assessment for this property and the property across the street at 404 South 3 rd Street. There was no one present to speak on Project 1. # Project 2 - Nichols Avenue, 12 th Street to 14 th Street: There was no one present to speak on Project 2. # Project 3 - Ashmore Avenue, Ridgeview Drive to Highway 29: There was no one present to speak on Project 3. # Project 4 - Miscellaneous Paving Projects: City-owned property - non-assessable. # Project 5 - Smith Park/Division Street Drainage Project: This is considered a storm sewer improvement; therefore, costs are assessed 100% to the Storm Sewer Improvement District (entire city).

4 Page No. 4 # Project 6 - Watermain Relocation for Levee: City-owned property - non-assessable. Inasmuch as there were no interested persons present to speak, President Garbe closed the public hearing at 7:10 P.M. KAREN NIEUWBEERTA OFFERED RESOLUTION NO. 3431, A RESOLUTION ADOPTING ASSESSMENT, AND MOVED ITS ADOPTION. MOTION FOR ADOPTION OF RESOLUTION NO WAS SECONDED BY BRYCE CURTISS. THOSE VOTING IN FAVOR OF MOTION: KAREN NIEUWBEERTA, BRYCE CURTISS, TODD HAY, NATHAN SCHMIDT AND MARVIN GARBE. THOSE VOTING AGAINST MOTION: NONE. RESOLUTION PASSED General Business. 7(A) BOND SALE/ISSUANCE. In order to provide funding to pay for the construction of the 2017 improvements, the city needs to sell bonds. A resolution has been prepared for this purpose, which calls for the sale of bonds on June 19, 2017 and authorizes city staff to work with Ehler s & Associates to facilitate that sale. BRYCE CURTISS OFFERED RESOLUTION NO. 3432, A RESOLUTION PROVIDING FOR THE SALE OF $725,000 GENERAL OBLIGATION BONDS, SERIES 2017A, 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, KAREN NIEUWBEERTA AND MARVIN GARBE. THOSE VOTING AGAINST MOTION: NONE. RESOLUTION PASSED (B) BENSON ROAD SPEED/NOISE ISSUES. The city received a letter from Diane Landmark, 1636 North 6 th Street, regarding noise and speed issues along Benson Road/Highway 29. Landmark had also sent a letter to Mn/DOT, and their response was provided to the council for its review. Staff had suggested that if the council feels the issue warrants a review by the State of Minnesota, direction be given to contact Mn/DOT to make that request.

5 Page No. 5 Council discussed location of the speed signs (30 mph / 55 mph) and their proximity to each other. A transitional speed of 40 mph was also discussed, similar to the East Highway 7 corridor. It was moved by Hay, seconded by Schmidt and unanimously passed to direct staff to request a speed study by Mn/DOT of that area. 7(C) STATE MASTER SUBSCRIBER AGREEMENT - POLICE DEPARTMENT. A new Master Subscriber Agreement is required with the State of Minnesota Office of State Court Administration to allow the police department to view appropriate electronic court records/documents. The state has moved towards a completely electronic system, and the police department s existing MNCIS Odyssey online access and non-disclosure agreement is no longer valid with the new system. A similar agreement was passed in 2016 for the city attorney s office. It was moved by Hay, seconded by Nieuwbeerta and unanimously passed to approve the agreement, as presented. In addition to the agreement approval, a resolution is required to authorize signing authority for the city and the police department. NATHAN SCHMIDT OFFERED RESOLUTION NO. 3433, A RESOLUTION AUTHORIZING SIGNING AUTHORITY ALLOWING ACCESS TO MGA ACCOUNTS FOR ELECTRONIC COURT RECORDS AND DOCUMENTS, 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, TODD HAY AND MARVIN GARBE. THOSE VOTING AGAINST MOTION: NONE. RESOLUTION PASSED (D) COUNCIL MEMBERSHIP - HOSPITAL JOINT POWERS AGREEMENT REVIEW. It was moved by Schmidt, seconded by Nieuwbeerta and unanimously passed to appoint council members Schmidt and Hay to the committee formed to review the existing Hospital Joint Powers Agreement. Suggested meeting times were the off council meeting Mondays, at 6:00 P.M.

6 Page No. 6 7(E) $20,000 SMAC GRANT - TRACTOR ART PROJECT. The city has received a $20,000 Grant with the Southwest Minnesota Arts Council (SMAC) to help complete the proposed tractor art project. Total project cost is estimated at $25,000-$30,000. MAP will raise the remainder of the cost. It was moved by Hay, seconded by Curtiss and unanimously passed to approve the online agreement and acceptance of the grant. 7(F) LPA APPOINTMENT. It was moved by Curtiss, seconded by Schmidt and unanimously passed to ratify the mayoral appointment of Edith Hendrickson to the Local Public Authority (city s HRA), term expiring June 4, (G) ACCEPTANCE OF GIFTS/GRANTS. The following gifts/grants have been received by the city: Name Description Amount/Value Peggy Danielson MAP Project (Tractor Art) Donation Nick & Donna Krueger MAP Project (Tractor Art) Donation Minnwest Bank MAP Project (Tractor Art) Donation MN Department of Health Grant Airport Fuel System Project 10, SW MN Arts Council Legacy Grant Tractor Art Project 20, BRYCE CURTISS OFFERED RESOLUTION NO. 3434, 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: BRYCE CURTISS, TODD HAY, NATHAN SCHMIDT, KAREN NIEUWBEERTA AND MARVIN GARBE. THOSE VOTING AGAINST MOTION: NONE. RESOLUTION PASSED (H) MIDC LAND SWAP. Staff has worked for some time with the Montevideo Industrial Development Corporation (MIDC) to secure land for a potential new public works building. This land is north of

7 Page No. 7 Jennie-O, alongside Ashmore Avenue and 24 th Street. The benefit to the MIDC would be that all utilities would be available to the site and make it more shovel ready. The land the MIDC owns is approximately 11 acres and sits next to land already owned by the city (6.67 acres but located in an Airport A Zone, so it can only be used for storage.) Splitting the MIDC piece into two lots (MIDC 6 acres; City 5 acres) would allow both to have land that could be developed. It was moved by Curtiss, seconded by Hay and unanimously passed to direct staff to continue to work on this project, including the development of a subdivision plat. 7(I) NIEUWBEERTA RESIGNATION. Karen Nieuwbeerta has submitted a letter of resignation as city council member, effective June 1, A resolution is required to accept the resignation and declare the vacancy. The council will need to fill the vacant position with an appointed member until the next regular election is held November NATHAN SCHMIDT OFFERED RESOLUTION NO. 3435, A RESOLUTION ACCEPTING RESIGNATION AND DECLARING A VACANCY ON THE MONTEVIDEO CITY COUNCIL, 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, KAREN NIEUWBEERTA, BRYCE CURTISS AND MARVIN GARBE. THOSE VOTING AGAINST MOTION: NONE. RESOLUTION PASSED 5-0. President Garbe invited any member of the community interested in the vacancy to submit a letter of interest to the City Office prior to the June 5 th council meeting. 7(J) BID AWARD STREET & STORM SEWER IMPROVEMENTS. The following bids were received Thursday, April 13, 2017 for the proposed 2017 Street & Storm Sewer Improvement Projects: Bidder Bid Duinincks, Inc. $1,094, Prinsburg, MN Riley Brothers Construction, Inc. $1,127, Morris, MN

8 Page No. 8 Bidder Bid Kraemer Trucking & Excavating, Inc. $1,287, Cold Spring, MN Crow River Construction $1,346, New London, MN States Border Construction $1,360, Graceville, MN Central Specialties, Inc. $1,386, Alexandria, MN It was moved by Curtiss, seconded by Nieuwbeerta and unanimously passed to award the bid to Duinincks, Inc., in the low amount of $1,094, Ordinances. 8(A) ACCESSORY BUILDING SIZE/APPEARANCE. Assistant City Manager Steinbach reported that earlier this evening, the planning commission held a public hearing to consider proposed ordinance language amending of the Montevideo City Code entitled, Accessory Building and Structures, Residential Districts, by Adding (6) Accessory Structures (Sheds) up to 200 Square Feet AND Adding (7) Accessory Structures. Steinbach explained that staff has received inquiries from the public on how many accessory buildings less than 200 square feet are allowed on a property and what materials those buildings can and cannot be made of. The code does not currently specify either. 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. TODD HAY INTRODUCED ORDINANCE NO. 945, AN ORDINANCE AMENDING (A) OF THE MONTEVIDEO CITY CODE, ACCESSORY BUILDING AND STRUCTURES, RESIDENTIAL DISTRICTS.

9 Page No Discussion and Miscellaneous. Council members and staff voiced their appreciation to Council Member Nieuwbeerta for her service to the community. Mayor Fader relayed a citizen concern regarding dog feces in the cemetery. Fader reminded the community to clean-up after their pets in ALL areas of the city. Mayor Fader also reminded the public to take pride in their properties and to spruce up for spring! Hay asked staff to check into the days/hours that the compost site is open. He had gone out on a Sunday and the sign indicated the site was closed. Hay suggested an adjustment to the schedule so that the site is available throughout the weekend. Schmidt reported that the interim Hospital CEO will start on Thursday, the 18th; Mark Paulson s last day is Tuesday, the 16 th. President Garbe complimented the Public Works Department on its mowing of all of the various city properties. Meeting adjourned at 7:40 P.M. Glennis A. Lauritsen, Secretary Approved by council June 5, 2017: Marvin E. Garbe, President