CITY OF BLUE EARTH

MINUTES

CITY COUNCIL MEETING

Monday, June 24, 2013 5:00 P.M.

CALL TO ORDER

Mayor Scholtes called the meeting to order at 5:02 P.M.

ROLL CALL

Mayor Scholtes noted that Councilmembers Gaylord, Huisman, Erichsrud, Brod and Haase. Councilmember Gartzke was excused. Staff members present: City Administrator, Assistant City Attorney Daniel Lundquist and City Engineer.

DETERMINATION OF A QUORUM

Quorum present.

PLEDGE OF ALLEGIANCE

Mayor Scholtes led the pledge of allegiance.

MEETING OPEN TO THE PUBLIC

Public Present: Light and Water General Manager Tim Stoner, Stacy Thompson, Deb Johnson and County Commissioner John Roper.

APPROVAL OF MINUTES

Minutes were not available from the Council meeting of June 17th for tonight’s meeting.

LICENSES AND PERMITS

There were no licenses or permits at this time.

CORRESPONDENCE

Region 9 Budget Report

FCDC Newsletter

Mn/DOT Construction

PUBLIC HEARINGS

REPORTS FROM STAFF

Assistant City Attorney Daniel Lundquist addressed Ordinance 13-08 and reported that there are still adjustments that need to be done so there is no final document to present at this time.

City Administrator Kathy Bailey reported that there would not be a closed session regarding Andrew Hertges due to his resignation this afternoon.

City Engineer Wes Brown reported that there have been some challenging events with the reconstruction of Hwy 169. Brown explained that the weather has given some challenges. Brown reported that there have been no reports of flooding in the area and the crews are doing everything that they can to keep that from happening. Contractors found contaminated soil when digging in the area of Hwy 169 and 7th Street. This stopped the progress on the sewer installation. Staff is currently testing the material to determine what type of disposal will be required. This will create additional costs for the project. However, there was some additional cost factored into the project for some possible contamination that MNDOT had identified but this location was not one that had been identified.

Scholtes discussed the truck traffic issues on Sailor Street in addition to people jumping the curb on East 2nd Street. Brown said that barricades have been ordered for those locations. Bailey reported that no truck traffic allowed in the area of Sailor Street north of 7th Street. Bailey reported that people coming from south on the detour, when they come to the stop sign at 7th Street they just continue going north on Sailor and end up on the dead end and are not able to get back out. The detour at 7th Street tells them to turn right but they are not following the signs.

Haase reported that there has also been an excessive amount of truck traffic on east 2nd Street which is in front of her house.

REPORTS FROM BOARDS AND COMMISSION

The Library Board will be meeting on 7-8-13.

The Economic Development Authority is scheduled to meet on 7/11/13.

There will not be a meeting held in July for the Housing and Redevelopment Authority Board.

The Senior Center Board will be meeting 7/9/13.

The Board of Public Works will meet on 7/8/13.

REPORTS FROM STANDING COMMITTEES OF THE COUNCIL

None

CONSENT AGENDA

None.

OLD BUSINESS

At this time Mayor Scholtes asked that the New Business discussion for the Blue Earth Public Utility Authorization for Loan be moved in front of the Humane Society Lease Agreement.

Light and Water General Manager Tim Stoner was present to answer any questions with regard to the Loan. Stoner explained that a month ago Light and Water received notice from the City with regards to the requirements to cover their portion of Hwy 169 reconstruction for water and street lighting. In order to be able to fund those items and maintain their current cash flow they have looked into a loan of which they were able to secure $1,065,000.00 as an interim loan to carry them through the next 6 months. They were able to secure a loan at 1.6% fixed interest over 5 years tax exempt but the intent is to pay it off sooner.

Stoner reported that the Board of Public Works met tonight and approved a Resolution authorizing the Blue Earth City Council to pledge utilities revenues for payments under the lease purchase agreement.

Assistant City Attorney Daniel Lundquist reported that Frundt and Johnson’s office reviewed the document and found everything to be in order.

Motion by Gaylord, second by Brod to adopt Resolution 13-8 authorizing tax exempt capital lease financing under a Governmental Lease Purchase Agreement naming U.S. Bancorp Government Leasing and Finance, Inc. as the lender for the purchase of Public Utilities Equipment; pledging the net revenues of the Blue Earth Light and Water for lease payments. The motion passed unanimously.

At this time Mayor Scholtes addressed the modified Impound Lease Agreement with the Humane Society. Scholtes referenced an attached preliminary draft copy of the lease agreement that is being recommended for discussion between the City and the Faribault County Humane Society for the care of animals in the Blue Earth pound. The current lease is shown in black and the changed areas in blue to facilitate discussion (see attachment “A”).

Scholtes addressed the first section of proposed change # 3 as follows:

The leased premises is to be used solely for an animal impound facility for the housing of animals impounded by the City of Blue Earth and not for the sheltering of Humane Society owned animals, and provide for necessary care of said impounded animals. No other use is authorized by this agreement. (Maybe have an option for the City to contract with other governmental group’s impounded animals by the agreement of both the Lessor and the Lessee.)

Council offered no discussion to the proposed change. Thompson had suggestion on some of the verbiage that would mean taking the word “option” out and replace it with “will contract”. Bailey noted that we can put that option in and extend ourselves to ask each respective city to contract but if any city does not want to contract we cannot do anything about that. Scholtes noted that we wanted to have the option open. Scholtes did not have an issue to the suggested change that Thompson suggested. Brod asked if the animal control officer picks up an animal from the County, where does that animal go. Bailey reported that right now it goes to our pound. Brod asked if that will continue after this agreement is in place. Scholtes explained that a separate agreement will be required with each entity. Roper asked on behalf of the County if the County would be making an agreement with the City of Blue Earth or the Humane Society. Scholtes reported that there could be a possibility of 2 separate agreements. The first agreement would be to authorize the County to place animals in the City Pound. The second agreement would detail that after the state statue regulation for holding an animal for 20 days. After the 20 days has passed and the animal is not claimed, the Humane Society would take the animal and find a home. Scholtes said that the Humane Society would write an agreement to that affect with each of the other respective entities. Bailey noted that the City would be taking on the paperwork part of the agreements.

Johnson reported that the Humane Society is not actively looking for animals for the Humane Society; they are coming in as strays. If there is no home for the animal or they come in sick or wounded that is the reason they remain in the pound. Scholtes explained that the reason “not for the sheltering of Humane Society owned animals” was put in the document was because when an animal comes in from the City it has to have a place to go and if the shelter is occupied with Humane Society owned animals there is no place for the new ones coming in. The animals that have been in the pound for an extended time need to be removed to make room for the new animals.

Scholtes reported that number 5 was changed to take out the American Humane Society and add the Minnesota Statutes 346.39 Dogs and Cats.

Thompson addressed number 5 where it says “No potentially dangerous or dangerous dog delivered to Lessee by Lessor shall be fostered out for care or placement for adoption by lessee”. Thompson said that this area might be small group discussion item. Scholtes said this section is State Law. Thompson wanted to know what should be done with the animal. Scholtes reported that the animal can only go back to the owner and if the owner takes the animal back all the rules need to be followed getting the animal up to standards. Thompson asked if the owner chooses not to take the animal back. Bailey reported that the animal would have to be put down. Johnson said that most of them have been bit by dogs before. Bailey explained that the bite has to be an unprovoked biting. Thompson also noted that the dog can be reevaluated after 6 months. Bailey said that the City is not going to keep an animal in the pound for 6 months.

Scholtes explained that number 6 basically says that the City will pay the $5.00 per day not to exceed 10 days which is business days or holidays. Johnson added that at some point we might want to reconsider the $5.00 per day.

No changes to number 7.

Scholtes discussed the changes to Number 8 and said that the word

“removed” does not mean euthanize, it just means that it will be removed from the pound and transferred somewhere else. Johnson was curious where the animal would be taken. Scholtes said that it would be taken by the Humane Society to a foster home of some kind because the timeframe would be up and ownership would then be transferred to the Humane Society. Thompson clarified that at that time the Humane Society would be required to provide proof of vaccination at that time. Bailey said “yes” that would be the Humane Society’s responsibility.

Scholtes explained that number 9 says that when one of our officers or the animal control officer takes an animal to the pound they will stop at City Hall and fill out paperwork detailing the date the animal was brought to the pound and any other information about that animal. Once the 10 days are up then the Humane then takes responsibility of the animal and the City takes care of any billing. Johnson also reported that the Humane Society needs to know the history for each respective animal that comes into the pound. Bailey reported that they can only claim the animal through the Blue Earth Police Department. Brod discussed vaccinating each animal for the safety of the people handling the animals and if the animal is claimed the owner would have to pay for that vaccination in addition to the other fees to get the animal back. Scholtes will address that issue in the details of the agreement.

Johnson asked how an animal gets its shot when it is in the pound. Council suggested that the person leave a deposit of some sort that they would get back when they can prove the animal has received the required shots. If it is a weekend the animal would not be released and they would have to wait until Monday.

Scholtes read through the changes suggested for number 10. Thompson made a statement that the over head lines have been at the pound for the last 2 ½ years so what is the big deal now. Scholtes suggested that instead of no overhead, it should state that animals not be left unattended. Bailey explained that they have had concerns from neighbors that their children have ventured to pet the dogs that are on the lines. Johnson reported that it would be more ideal if the area could be all fenced in and would include both of the door areas so that in the event one of the animals were to get loose they would be confined to the fenced in area. This would keep the kids out and the animals in. Lundquist noted that there is a liability issue in terms of the City standpoint even though parents should keep their kids home. The legal issue is that the dogs would be considered an attractive nuisance and because of that the city would fall under liability concerns. Johnson said that having a fence all around the pound would solve many issues and concerns. Scholtes will look into possibly getting some of the fencing that is surrounding the former Go-Kart track. Johnson asked that the fence be dug into the ground so an animal would not be able to go under the fence. Scholtes asked if the fence were to be installed, would the Humane Society be able to mow inside of the fenced in area. Thompson and Johnson both agreed that they would be able to do the mowing.

Scholtes concluded that the above discussed was all the changes made to the Animal Control Agreement. Gaylord said that he still had some concerns that he would be thinking about and present at a later time.

NEW BUSINESS

Work session Agenda Item for July 15.

1.  Animal Control Agreement.

2.  Huisman asked that absentee landlords be addressed. Huisman reported that he has had several calls regarding landlords who do not take care of property. Bailey informed the Council that Blue Earth does not license rental property.

BILLS AND INVESTMENTS

There were no bills to pay.

REPORT OF CITY ADMINISTRATOR

City Administrator Kathy Bailey gave her report (see attachment “B”).

Bailey reported that the heavy use of our ball fields has caused some extra expenses to the City. Bailey researched what other City’s do for tournaments. Councilmember Brod discussed the use of the ball fields in Mankato and noted that Mankato gets the fields ready for use but the people that use our fields do the prep themselves.