CITY OF MONTEVIDEO CITY COUNCIL PROCEEDINGS July 5, 2016

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CITY OF MONTEVIDEO CITY COUNCIL PROCEEDINGS The city council met in regular session Tuesday, 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, Todd Hay, Karen Nieuwbeerta, Nathan Schmidt and Bryce Curtiss (7:05). Absent: None. Mayor Debra Lee Fader present. Also present were: City Manager Steven C. Jones, Rodeberg & Berryman Engineer Mike Amborn and City Clerk Glennis Lauritsen. It was moved by Nieuwbeerta, 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 JUNE 30, 2016 IN THE AMOUNT OF $237,679.88 $834,853.65. Revised amount reflects the following additional claims: LIQUOR Locher Brothers - Inventory 18,143.80 Madison Bottling Co. - Inventory 5,915.05 MN Department of Revenue - Sales Tax 18,938.00 2015 UTILITY & STREET IMPROVEMENTS Duininck, Inc. - Estimate #6 120,654.25 2016 UTILITY IMPROVEMENTS Hjerpe Contracting, Inc. - Estimate #2 321,922.22 CABLE CHANNEL 180 Morecom - Upgrade Project 21,442.75 ENGINEERING Rodeberg & Berryman, Inc. - June services 15,620.36

Page No. 2 MISCELLANEOUS SW/WC Service Co-Op - August BC/BS Premium 60,972.00 UTILITY Hawkins, Inc. - Aluminum Sulfate, etc. 5,173.34 MN Department of Revenue - Sales Tax 8,392.00 ADD: 7E) CONSIDER QUOTES RECEIVED FOR PURCHASE OF NEW CASH REGISTERS AT THE LIQUOR STORE. ADD: 7F) CONSIDER QUOTES RECEIVED FOR PURCHASE OF CREDIT CARD PROCESSOR AT THE LIQUOR STORE. ADD: 7G) CONSIDER CHANGES TO CHANNEL 180 UPGRADES. MODIFY: 8B) CONSIDER INTRODUCTION OF AN ORDINANCE AMENDING 11-3-9E(2) OF THE MONTEVIDEO CITY CODE ENTITLED, PROCEDURE TO INITIATE REZONING. Modified copy of ordinance provided (underlined portions did not appear on the original copy.) It was moved by Schmidt, seconded by Hay and unanimously passed to approve the minutes of the regular meeting of June 20, 2016, as presented. 4. Notices/Communications/Announcements or Appearance of Interested Citizens. - None. 5. Consent Agenda. It was moved by Nieuwbeerta, seconded by Schmidt and unanimously passed to approve the following consent agenda items: 5(A) 5(B) VERIFIED CLAIMS FOR THE PERIOD ENDING JUNE 30, 2016 IN THE (MODIFIED) AMOUNT OF $834,853.65. SALE OF SEIZED/SURPLUS ITEMS BY THE POLICE DEPARTMENT.

Page No. 3 5(C) APPLICATION FROM THE CHURCH OF ST. JOSEPH FOR AN EXEMPTION FROM LAWFUL GAMBLING LICENSE REQUIREMENTS FOR BINGO AND RAFFLE ACTIVITY ON SEPTEMBER 18, 2016, IN CONJUNCTION WITH ITS FALL FESTIVAL AT 512 BLACK OAK AVENUE. 6. Public Hearings. - None. 7. General Business. At this time, Item 7(G) was pulled forward for discussion. 7(G) CHANNEL 180 UPGRADE CHANGES. Kyle Moorhead, Morecom, was present to discuss proposed changes to the Channel 180 Upgrade Project. Moorhead reviewed the nine (9) modifications being offered, noting that one had already been completed due to site conditions. If all changes are approved, the project cost will increase by $7,272.65. Staff had estimated having the project paid for in 2018 out of PEG fees. The new increase would extend the payment period about four months. Council Member Curtiss arrived at 7:05 P.M. The item already completed (Change 04: Raised Platform - $1,071.38) was necessary due to a rather complex construction of the raised platform, which resulted in a significant increase in hours of labor to remove the face and rebuild the platform. Staff had given a verbal approval so that the project could continue. It was moved by Hay, seconded by Nieuwbeerta and unanimously passed to approve Changes 01-09, as proposed, in the total additional amount of $7,272.65. The original order of the agenda resumed. 7(A) COUNTY FAIR BOARD USE OF PUBLIC RIGHT-OF-WAY. The Chippewa County Fair Association has applied for a Temporary Event or Festival Signage Permit. The permit was issued by city staff for four (4) signs, but in two or three

Page No. 4 locations, city right-of-way may be used for props for their signage (tractor or hay bales). The areas that may be used include the McDonald s area, Southtown Plaza entrance and possibly the area by the Burger King/City of Montevideo entrance sign. It was moved by Schmidt, seconded by Curtiss and unanimously passed to approve the use of city property for props for the county fair signage, with the understanding that these props would be hay bales and/or tractors. 7(B) ACCEPTANCE OF GIFTS/GRANTS. A resolution was prepared for the acceptance of donations received from various organizations and individuals, as follows: Name Description Amount/Value Chippewa County-Montevideo Hospital Montevideo Rail Car Project 250.00 Montevideo Industrial Development Corporation Montevideo Rail Car Project 250.00 Enevoldsen Enterprises (Leslie/Richard/Robert) Montevideo Rail Car Project 750.00 TODD HAY OFFERED RESOLUTION NO. 3362, A RESOLUTION ACCEPTING GIFTS/GRANTS, AND MOVED ITS ADOPTION. MOTION FOR ADOPTION OF RESOLUTION NO. 3362 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 5-0. 7(C) POLLING SITES/ELECTION JUDGE APPOINTMENTS - PRIMARY ELECTION. NATHAN SCHMIDT OFFERED RESOLUTION NO. 3363, A RESOLUTION DESIGNATING THE MONTEVIDEO NATIONAL GUARD AS THE POLLING PLACE AND APPOINTING ELECTION JUDGES FOR THE AUGUST 9, 2016 PRIMARY ELECTION, AND MOVED ITS ADOPTION. MOTION FOR ADOPTION OF RESOLUTION NO. 3363 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.

Page No. 5 7(D) PORTABLE GENERATOR CONNECTION PROJECT. Bids were received until 2:00 P.M. on Tuesday, June 28, 2016 for the Portable Generator Connection Project. This project would add connections to three wells that would allow the city to use its existing portable generator to power those wells, if power was lost to the site. One bid was received from Heartland Electric in the amount of $17,750. Engineer s estimate for the project was $18,000. It was moved by Nieuwbeerta, seconded by Curtiss and unanimously passed to approve the bid from Heartland Electric in the amount of $17,750. 7(E) LIQUOR STORE CASH REGISTER ACQUISITION. Two (2) quotes were obtained for the acquisition of new cash registers at the municipal liquor store: Zabinski Business Services - $14,673.94 and NCR - $22,931.00 Both quotes include the equipment, software and support and are chip and PIN compliant. Assistant Liquor Store Manager Jeff Andreas presented the information, noting that the existing equipment is over 10 years old and needs to be replaced. The software is no longer supported. Staff recommended approving the quote from Zabinski Business Services. It was moved by Hay, seconded by Schmidt and unanimously passed to approve the quote of Zabinski Business Services in the amount of $14,673.94, as recommended by staff. 7(F) LIQUOR STORE CREDIT CARD PROCESSOR PURCHASE. Assistant Liquor Store Manager Jeff Andreas was present to explain that because the existing processing costs of credit cards is so high, quotes were solicited from other firms. Two quotes were submitted from NCR and U.S. Bank/Evalon. Simply, without looking at other fees, the average transaction costs with NCR would be $.10, for a savings of $11,378/year over the existing contract and the average transaction costs with U.S. Bank/Evalon would be $.05 cents, for a savings of $21,600/year over the existing contract. Staff recommended approving the quote from U.S. Bank/Evalon. It was moved by Schmidt, seconded by Hay and unanimously passed to accept the quote from U.S. Bank/Evalon, as recommended by staff. 7(G) CHANNEL 180 UPGRADES - CONSIDERED PREVIOUSLY.

Page No. 6 8. Ordinances. 8(A) TEMPORARY FAMILY HEALTH CARE DWELLINGS. Recent law created a process for landowners to place mobile residential dwellings on their property to serve as a temporary family health care dwelling. Community desire to provide transitional housing for those with mental or physical impairments, and the increased need for short-term care for aging family members served as the catalysts behind the Legislature taking on this initiative. The law goes into effect September 1, 2016 and automatically applies to all cities that do not opt out or don t already allow these types of dwellings as a permitted use under their local ordinances. The city does not have an ordinance specific to this issue and, specifically, the size allowance for such temporary dwellings. The typical size is between 100 and 400 square feet. Staff does not support allowing this type of use and has recommended pursuing the opt out option of this law, which requires the passage of an ordinance. An ordinance has been prepared by the city attorney for that purpose. BRYCE CURTISS INTRODUCED ORDINANCE NO. 941, AN ORDINANCE OPTING OUT OF THE REQUIREMENTS OF MN STATUTES SECTION 462.3593. 8(B) PROCEDURE TO INITIATE REZONING. A modification has been proposed to the current city code language discussing the public notification processes for rezoning and changes to district regulations. An ordinance has been prepared by the city attorney that basically removes references of city-wide mailed notice requirements and replaces that language with a 350' parameter requirement. NATHAN SCHMIDT INTRODUCED ORDINANCE NO. 942, AN ORDINANCE AMENDING 11-3-9E(2) OF THE MONTEVIDEO CITY CODE ENTITLED PROCEDURE TO INITIATE REZONING. 8(C) ADMINISTRATIVE CODE INTERNET & E-MAIL POLICY. Changes to state and federal regulations, as well as some grant and insurance regulations, require an update to the Administrative Code to include an Internet and E-Mail Policy. An ordinance has been drafted for that purpose.

Page No. 7 TODD HAY INTRODUCED ORDINANCE NO. 943, AN ORDINANCE AMENDING THE CITY OF MONTEVIDEO ADMINISTRATIVE CODE BY ADDING A CHAPTER 9 - INTERNET & E-MAIL POLICY. 9. Discussion and Miscellaneous. Mayor Fader referred to the Regional Outlook publication of the Upper MN Valley Regional Development Commission (UMVRDC), noting that individual correspondence will be generated by the RDC to council members for their use in possible additional discussion items at the end of the council meetings. City Manager Jones updated the council on the cultural mitigation issue. Jones stated that the issue is not going away, and that he had spoken with the Corps earlier today on the matter of the additional fees being proposed to undertake further research at the site ($100,000-$150,000). The city s position remains firm in that this is not a cost the city should incur for the levee project and, therefore, Jones will continue to try to work it out and keep the council updated. City Manager Jones discussed briefly the revised FAA interpretation regarding hangar site and building leases. Changes to the existing leases will be necessary, with a compliance date of July 1, 2017. Rodeberg & Berryman Engineer Amborn said it is hoped that Duininck s will begin the 2016 Street Improvements sometime in the next week or so. Meeting adjourned at 7:46 P.M. Glennis A. Lauritsen, Secretary Approved by council July 18, 2016: Marvin E. Garbe, President