CITY COUNCIL MEETING

AUGUST 20, 2013

7:00 PM

The Aug. 20, 2013 council meeting was called to order by Mayor Mark Brown at 7:45 PM due to a hearing that was held at 6:00 PM. Those present include Brown, Phil Jensen, Mike Rothmeier, City Attorney Paul Muske, City Manager Mac Tilberg, and City Clerk Amy Vogel. Absent were Lowell Helget and Chett Bisel. Others present include John, Tim and Peter Schwartz, Mark Miller, John Graupman and Andy Kehren with Bolton & Menk, Merle Krueger, Clayton Beyer, TJ Brown, Dennis Potter, Jim Julien and Teresa Schreurs with DSI, Tim Penny and Colleen Skillings with Southern MN Initiative Foundation, Doris Weber, Donna Woidylla, Tim Petersen, John Nicholson and Ben Luense.

Motion by Rothmeier, second by Jensen to adopt the agenda with the addition of the Schneider Family Trust request. All ayes.

Tim Penny reviewed the SMIF offerings and thanked the city for their contribution to SMIF. A large portion of their funding goes to early childhood education. There was a $50,000 grant to Brown County for this education. They have provided about 1,500 to the county. They also support the YES (Youth Energy Summit) program in Springfield. Tilberg stated that they have been involved with loans to Anytime Fitness and Barron Fabrication and noted that there are revolving loan funds available through them.

Motion by Jensen, second by Rothmeier to approve the July 16, 2013 minutes. All ayes.

Motion by Rothmeier, second by Jensen to approve payment of the audited claims. All ayes. Rothmeier requested that before Rec Complex projects get started, the council should be notified of them to make sure the council agrees with the improvement.

Motion by Rothmeier, second by Jensen to approve the consent agenda. All ayes.

Jim Julien and Teresa Schreurs presented a contract to put together a preliminary application to the Small Cities Grant Program for 2014. DEED has changed some of the requirements with one being that a target area be specified in the application and not the whole city. A windshield survey would indicate what area would benefit the most from the grant. They would also include in the application what amenities set the city apart from others. There is a 2 step procedure as in the past – the preliminary application ($3,000) and, if approved, the final application (an additional ($3,500). The deadline for the preliminary ap is Nov. 14. The current fund balance in the past grants is about $13,800, which could be used to clean up blight areas or for another improvement project. This matter will be discussed more at the September meeting.

Muske recapped the recommendation from the Planning Commission to approve the Conditional Use permit for Schwartz Farms Inc to construct a truck wash/dry facility in the city limits with a height not to exceed 40 ft with the following conditions: use of the facility shall be restricted to trucks and trailers operated by Schwartz Farms Inc in the course of their business; no noxious or offensive trade or activity shall be carried on, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the property hereby restricted, whether such annoyance or nuisance be by reason of unsightliness or excessive emission of odors, dust, fumes, smoke or noise or by reason of excessive vibrations, glare and heat, fire hazards or industrial waste; all wood shavings or compost removed from trailers at the truck wash/drying station shall be stored in a fully contained storage unit, which includes a roof; the CUP shall expire after 10 years unless an extension request is received and approved prior to expiration; the CUP is non-transferable, and shall expire should the property be transferred to a person or entity that is not Schwartz Farms Inc; the truck/wash/drying station and any accessory buildings or uses shall comply with Springfield airport zoning ordinances; and a violation of any of these conditions shall constitute a violation of the terms of the CUP.

Motion by Jensen, second by Rothmeier to adopt Res. #13-082001 approving the CUP for the truck wash/drying facility at Wilson St with all the conditions listed above. Ayes - Brown and Jensen. Abstain – Rothmeier. Motion passed.

The Sportmen’s Club has requested approval to make application to the planning commission to tear down the old granary at the trap range and construct a new building 30 x 60 with 12 ft sidewalls. Half the floor would be concrete with the other half being dirt. There were questions on ownership of the building. It would be a leasehold improvement with ownership becoming the city’s. It was noted that it could be moved if necessary. Motion by Rothmeier, second by Jensen to approve the request to apply for a zoning permit. All ayes.

A complaint was received on the noise coming from the trap range after 10 PM. The lease states that the hours of operation are to be daylight hours, unless otherwise agreed to by Landlord. It happens a couple times per summer that they go past the daylight hours. They asked the council to set provisions for when this happens. They did install lights out there that make it possible to shoot past daylight hours. This is the first complaint in 6 years and they haven’t changed anything. Motion by Rothmeier, second by Jensen to amend the lease to “allow operations from sunrise to 11 PM” and omit “restricted to daylight hours, unless otherwise agreed to by Landlord.” All ayes.

Kehren submitted pay estimate #8 for $56,675.30 for Schmidt Construction on the levee project. All necessary forms have not been submitted so therefore could not submit a final pay estimate. Retainage is still outstanding in the amount of $32,154.46. There were also liquidated damages amounting to about $16,000 from last fall. It was noted that the contractor did additional work at Sticker Field that amounted to more than $7,000. Kehren commented that in the past the city has ignored the liquidated damages if the project is completed to their satisfaction. The council agreed that if all paperwork gets submitted timely that they would not subtract the liquidated damages from the retainage. Motion by Rothmeier, second by Jensen to approve payment of pay estimate #8 to Schmidt Construction for $56,675.30. All ayes.

Steve Carson, building inspector, was hired to inspect the properties at 320 W Central and 314 N Bagen. Pictures were reviewed of the two properties that Carson has determined to be hazards to the public and the cost of repair exceeds the value of the buildings. With council’s approval, the owners will have 20 days to remedy the situation or the city will make an order to the district court to raze these buildings with all costs associated being assessed against the respective property. Motion by Rothmeier, second by Brown to adopt Res. #13-082002 ordering the repair or removal of a hazardous building at 320 W Central St. All ayes.

Motion by Rothmeier, second by Brown to adopt Res. #13-082003 ordering the repair or removal of a hazardous building at 314 N Bagen Ave. All ayes.

Motion by Rothmeier, second by Jensen to adopt Res. #13-082004 adopting the Brown County all-hazard mitigation plan. All ayes.

Brown stated that they met with township officials and it was agreed upon to leave the township fire rate of $175/section the same for 2014 and increase it to $200/section for 2015 and 2016. Motion by Jensen, second by Rothmeier to approve the township fire contract at $175 for 2014 and $200 for 2015 and 2016. All ayes.

A subordination request was received for 310 S Burns, which would help a business reorganize from the residential property. Motion by Jensen, second by Rothmeier to approve the subordination request for 310 S Burns. All ayes.

Motion by Jensen, second by Rothmeier to approve the state aid agreement for airport maintenance or operations for the state fiscal years of 2014-15. All ayes.

Motion by Jensen, second by Rothmeier to appoint Jeanette Pidde to the unexpired vacant term on the library board. All ayes.

Motion by Jensen, second by Rothmeier to approve Linda Kelly attending the Bridging Brown County Leadership program. All ayes.

Tilberg mentioned that staff was very aggressive with tree trimming along the walking trail adjacent to Brian and Becky Veenstra’s property. It is unknown if it will grow back next year. The branches were hanging over the trail. Motion by Jensen, second by Rothmeier to acknowledge the receipt of claim, review the claim again spring 2014 and authorize Rothmeier to speak with the Veenstras. All ayes.

Motion by Jensen, second by Rothmeier to set the budget workshop for 6 PM on Aug. 27, 2013 at the fire hall. All ayes.

A request from the Schneider Family Trust to authorize them to withdraw up to $20,000 principal each year to provide funds for distribution to the beneficiaries and to cover operating expenses and waive the notice of hearing. The Community Center is a beneficiary of this trust fund and approved the request this afternoon. Motion by Jensen, second by Rothmeier to approve the trust’s request as well. All ayes.

The school has requested the use of the pool on Aug. 20, 23 and 29. They were told the rent was $50. Motion by Rothmeier, second by Brown to allow the school to use the pool for $50/hr of use for this year. All ayes.

There will be work done on the pool rule book that will reflect more operation procedures.

The library is interviewing now for their vacant position. They would like to have someone start before the next council meeting. It was noted that the shrubs at the library need trimming.

Motion by Jensen, second by Rothmeier to adjourn at 9:10 PM. All ayes.

Submitted by City Clerk Amy A. Vogel