CITY OF BLUE EARTH
MINUTES
CITY COUNCIL MEETING
Tuesday, January 20, 2015 5:00 P.M.
CALL TO ORDER
Mayor Scholtes called the meeting to order at 5:00 P.M.
ROLL CALL
Councilmembers Gaylord, Huisman, Erichsrud, Gartzke, Cassem and Mayor Scholtes were present. Councilmember Brod arrived at 6:00 P.M. Staff members present: City Administrator Timothy Ibisch, Assistant City Attorney Ryan Gustafson, City Engineer Wes Brown, Police Chief Tom Fletcher and Fire Chief Roger Davis.
DETERMINATION OF A QUORUM
Quorum present.
PLEDGE OF ALLEGIANCE
Mayor Scholtes led the pledge of allegiance.
MEETING OPEN TO THE PUBLIC
At this time Mayor Scholtes addressed Jean Dikken from Ag-Star. Dikken presented a grant check to the City of Blue Earth in the amount of $5,000.00 for the Rural Feasibility Study. Scholtes reported that the funds will be used toward a feasibility study for a new housing development north east of town.
At this time Police Chief Tom Fletcher presented the 2014 Department end of year report. Fletcher reported that there were a total of 5,874 calls in 2014 most of which happened on Friday and Saturday. Fletcher reported that they were able to purchase a high definition digital camera and GPS mapping to be from DWI forfeiture funds to be used in the squad cars.
Fletcher noted that this year there were 8 block parties for the National Night out held on the first Tuesday in August. This was the first year that Blue Ridge Apartments held a block party. Donations were received from Kwik-Trip, Walmart, Dollar General and Juba’s Super Value.
Fletcher informed the Council that the 2011 Crown Victoria Lease was up and there are no other leased vehicles in use at this time. The new Explorer should be ready for the road next month.
Fletcher reported that he is working on a summer bike safety program.
Erichsrud asked if the drugs have been a problem around Blue Earth. Fletcher reported that 2013 was worse than 2014. Meth has been a problem over the last 20 years. There was a decrease in house labs but they seem to be on the rise again.
Gartzke asked about the animal complaints. Fletcher reported that there were 148 last year. Fletcher reported that he was glad that we have an animal control officer now and for the most part that has gone well.
Ibisch asked if Fletcher could address the South Central Drug Investigation Unit Joint Powers Agreement. Fletcher reported that the Blue Earth Police Department has been a member of the Joint Powers for over 16 years. Deputy Berry Meyers is in charge of our area and if we need investigation, they come here. We pay $1,500.00 so if we need a violent crime investigated or a SWAT team is needed we have access to that service.
Scholtes asked Fletcher about the traffic concern when the busses are dropping students off by the school and people stop in the intersection and let students off. Fletcher agreed that this has been a problem for years. Huisman noted that that Region 9 has done some research on this problem and are working on a recommendation for us on the south side of the school. Huisman added that the school should have a recommendation as well. Huisman reported that there is a meeting scheduled on Thursday so he will have more information after that meeting is held.
At this time Mayor Scholtes recognized Fire Chief Roger Davis to present the 2014 Annual Fire Department Report. Davis reported that fire calls are up and accidents are down. There were 81 fire calls in 2014. Davis reported that they were called 15 times for Elmore mutual aid.
There were a total of 14,019 of hours for members in 2014. The equipment stayed the same. There were no retirements and no leave of absence taken but there were 3 resignations. Nicolas Bleess was hired last year.
Davis reported that in 2014, 2015 and 2016 they will be receiving $500.00 per firefighter serving from January 1 through December 31st. This money will come from the Firefighter Recruitment and Retention Stipend Pilot Program. In 2014 the Minnesota Legislature passed into law the Volunteer Retention Stipend Aid Pilot Program for 14 Counties. The 14 Counties are Faribault, Fillmore, Freeborn, Houston, Watonwan, Chippewa, Kandiyohi, Redwood, Renville, Morrison, Todd, Beltrami, Clearwater and Mahnomen. The legislation will provide a $500.00 annual incentive payment for each firefighter that has served for the full year.
Mayor Scholtes noted that Tim Stoner was not present to discuss the new Water Ordinance. Scholtes placed Stoner and Ordinance 15-04 on the Council Agenda of February 2, 2015. Assistant City Attorney Ryan Gustafson noted that the Ordinance will prohibit the use of wells in the City Limits and require new or future construction to hook up to the Light and Water.
APPROVAL OF MINUTES
Motion by Gaylord, second by Huisman to approve the minutes from the Work Session and the Council Meeting of Monday, January 5, 2015. The motion was approved unanimously.
LICENSES AND PERMITS
There were no licenses or permits at this time.
CORRESPONDENCE
There was no correspondence at this time.
PUBLIC HEARINGS
Mayor Scholtes noted that there is an upcoming Hearing on Assessments for Improvements on Smith Drive and North Circle Drive on Monday, February 2nd at 5:30 PM at the Public Safety Center. Notices will be mailed to the property owners.
REPORTS FROM STAFF
At this time Mayor Scholtes addressed Assistant City Attorney Ryan Gustafson.
Gustafson reported that Ordinance 15-01, an Ordinance Amending Section 1030.06 Highway Business Zone.
Motion by Gartzke, second by Gaylord to adopt Ordinance 15-01 amending Section 1030.06 for Highway Business Zoning.
Roll call vote was taken:
Councilmember Gaylord Aye
Councilmember Huisman Aye
Councilmember Erichsrud Aye
Councilmember Gartzke Aye
Councilmember Brod Absent
Councilmember Cassem Aye
Mayor Scholtes Aye
The motion passed unanimously.
Ordinance 15-02 an Ordinance Amending Existing Boundaries for Zoning Districts
Motion by Gaylord, second by Erichsrud to adopt Ordinance 15-02 amending the existing boundaries for Zoning Districts within the City of Blue Earth.
Roll call vote was taken:
Councilmember Gaylord Aye
Councilmember Huisman Aye
Councilmember Erichsrud Aye
Councilmember Gartzke Aye
Councilmember Brod Absent
Councilmember Cassem Aye
Mayor Scholtes Aye
The motion passed unanimously.
Ordinance 15-03 an Ordinance Amending sub section 1030.07 related to Limited Industry Districts within the City Limits of Blue Earth.
Motion by Gartzke, second by Erichsrud to adopt Ordinance 15-03 related to limited industry.
Roll call vote was taken:
Councilmember Gaylord Aye
Councilmember Huisman Aye
Councilmember Erichsrud Aye
Councilmember Gartzke Aye
Councilmember Brod Absent
Councilmember Cassem Aye
Mayor Scholtes Aye
The motion passed unanimously.
At this time Mayor Scholtes addressed City Engineer Wes Brown. Brown presented Amendment #1 to Addendum #6 Engineering Agreement for the extra block on Smith Drive between Galbraith and Ramsey Street. Brown explained that this block was not in the original project scope so the amendment for the project that includes the extra block is before the City Council for consideration.
Erichsrud reported that the Street Committee discussed the mill and overlay portion of the project. The Committee took into consideration the lower oil prices and recommended that the mill and overlay be included in the project with the option to reject the bid if it comes in too high. The mill and overlay does not have to be done right away but should be done within the next 2 years. Brown estimated the mill and overlay cost to be approximately $216,000.00 but with oil prices going down there is a possibility of a much lower price for the asphalt. Scholtes noted that there is nothing in our assessment policy that details the assessments for mill and overlay. Erichsrud reported that the Street Committee recommended a 70/30 cost share to cover the cost of the mill and overlay. Gartzke asked if seal coating is assessed. Scholtes responded that we do not assess for seal coating. Erichsrud reported that the surface is peeling so in order to save the road the Street Committee is recommending the mill and overlay that can prolong the life of the street another 15 years. The infrastructure is in good shape and does not need any replacing at this time. Erichsrud added that the hope is to get a cheaper bid because the equipment will already be in place so the bid could come in cheaper.
Brown noted that Council does have the authority to authorize the assessments to cover the cost of mill and overlay. Scholtes noted that the policy says the assessments is for reconstruction and a resident could make the argument that the mill and overlay is not reconstruction. Scholtes said that we need to get our policy clarified if someone would challenge the policy. Brown reported that the policy does not clarify what is considered maintenance. Ibisch explained that according to the City Attorney it is perfectly legal for the City to assess for mill and overlay. Ibisch added that if Council wants to add terminology specific to the policy they can do so. Brown reported that the City of Wells assesses residents for mill and overlay.
Scholtes asked if Brown could provide what the cost per foot for the mill and over lay versus the cost to tear out the road curb to curb and bring that estimate to the hearing on February 2nd.
Motion by Gaylord, second by Erichsrud approving Amendment No. 1 to Addendum No. 6, 2014 Bolton and Menk Inc. Professional agreement for General Engineering Services for Smith Drive, North Circle Drive, Tanglewood Lane and Oak Knoll Court improvement including the additional block on North Circle Drive between Galbraith and Ramsey Street. The motion passed unanimously.
At this time Brown addressed the Royal Acres Sewer Drainage Diagram for the storm sewer sizing where the storm sewer goes down the hill off the end of Smith Drive. The 48 inch pipe drains into a 36 inch pipe. Brown explained the hydraulics of the drainage and explained that the drain pipes would be adequate for the drainage. Council asked if Holland could camera the pipes draining off from Smith Drive to the River making sure the current pipe is in good condition.
Liquor Report.
November 2013 $129,735.00 to November 2014 $122,063.00
Down $7,672.00.
December 2013 $153,062.00 to December 2014 $161,659.00
Up $8,597.00.
REPORTS FROM BOARDS AND COMMISSION
Minutes were provided from Library Board meeting of 12-8-14.
Minutes from the 12-4-14 Economic Development Authority meeting were provided.
Minutes from the Housing and Redevelopment Authority meeting of 12-8-14 were provided.
Minutes from the 12-9-14 meeting of the Senior Center Board were provided.
The Faribault County Fitness Center Board will be meeting on 2-11-15.
Minutes were provided from the Board of Public Works meeting of 12-8-14.
REPORTS FROM STANDING COMMITTEES OF THE COUNCIL
Minutes from the Street Improvement Subcommittee meeting held 12-8-14 were provided.
Motion by Gaylord, second by Huisman to accept the reports of the Boards and Commissions as presented. The motion was approved unanimously.
CONSENT AGENDA
None.
OLD BUSINESS
At this time Mayor Scholtes addressed the FBO Lease and Airport Manager Agreement. Ibisch explained that the agreement is for 3 years. Gaylord asked if there were any big changes. Ibisch responded that there were no big changes. Ibisch reported that the fuel flow surcharge change reflects the current 7 cent per gallon that will got up to 8 cent then to 9 cents and 10 cents over the 3 year contract term.
Motion by Gaylord, second by Gartzke approving the 3 year FBO and Airport Manager Agreement. The motion passed unanimously.
Mayor Scholtes brought to the attention of the Councilmembers about revisiting the Gambling Ordinance. Scholtes reported that a few years ago the Council did some revisions on the Gambling Ordinance. In July of 2013 the State made some changes on permitting for lawful gambling. The theory in 2013 was to leave the fee at $15.00 because the State does the approval. Out of the lawful donations there was to be a certain percentage that would be given back to the trade area. Somehow the Ordinance language was changed from the required 50% to 100% of its lawful purpose expenditures within the City’s trade area. Council agreed to have City Attorney Frundt draft an ordinance revision.
Motion by Huisman, second by Gaylord to have City Administrator Ibisch move forward in working with the City Attorney in working with the code revision for the Gambling Ordinance. The motion passed unanimously.
NEW BUSINESS
At this time Mayor Scholtes addressed the request of 325 North Holland for $212.00 sewer reimbursement. The faucet in the basement laundry room failed. The home at 305 South Circle Drive request for $448.00 sewer reimbursement from a basement toilet that kept running. Scholtes reported that the issues with each bill was that that the water used was not water that needed to be treated. Huisman said that living in a home these things happen. Scholtes noted that there are cases that are beyond the residents control such as a broken water line. Brod noted that the resident is paying for the water but they are asking for a break on the sewer cost. Erichsrud said that maybe do a 50% cost break. Gartzke was not in favor of giving breaks on utility bills.