CITY OF BLUE EARTH

MINUTES

CITY COUNCIL MEETING

Monday, October 15, 2007– 5:00 P.M.

CALL TO ORDER

Vice Mayor Brod called the meeting to order at 5:10 P.M.

ROLL CALL

Roll call was taken: Councilmembers Brod, Gaylord, Wiborg, Maher, Scholtes, and Huisman were present. Mayor Hammond was excused. Staff members present were: City Administrator Ben Martig, City Attorney David Frundt and City Engineer Bill Sayre.

DETERMINATION OF A QUORUM

After roll call, Vice Mayor Brod determined there was a quorum.

PLEDGE OF ALLEGIANCE

Vice Mayor Brod led the pledge of allegiance.

MEETING OPEN TO THE PUBLIC

Vice Mayor Brod noted that there was no one from the public present for comment at this time.

APPROVAL OF MINUTES

Motion by Councilmember Maher, second by Councilmember Huisman approving the minutes from the Regular Council Meeting of Monday, October 1, 2007 and the minutes from the Works Session of Monday, October 1, 2007. The motion was approved unanimously.

LICENSES AND PERMITS

At this time City Administrator Ben Martig presented a request for the consideration to approve the Transient Merchant permit for TAP Enterprises. City Administrator Ben Martig explained that this request has been approved for several years to sell tools and general merchandise at the fairgrounds with prior years held in the former VFW. Discussion included Councilmember Huisman addressing the minimal rate that the City charges suggested reviewing the fees with consideration given to increasing the fee of $60.00. City Administrator Ben Martig will address fees and rates under next year budget. Mr. Martig added that the State does establish some guidelines to what Cities can charge.

Motion by Maher, second by Wiborg approving the request of TAP Enterprise for a Transient Merchant permit to sell tools and general merchandise at the fairgrounds on October 25th, 2007. The motion passed unanimously.

CORRESPONDENCE

At this time Vice Mayor Brod addressed the following correspondence documents provided.

Storm water Mgt. Meeting, chamber of Commerce Newsletter, Seneca Business after Hours in recognition of Minnesota’s Manufacturers Week. Region 9 Development Commission Minutes Sept. 12, 2007 meeting, Thank you to Steier’s for Airport use, Raffle Permit to Deer Hunters at Hamilton Hall. City Administrator Ben Martig noted that this is an administrative approval requiring no council action.

City Administrator Ben Martig explained the information provided from the Faribault County Auditor. Mr. Martig reported that the information on tax forfeit properties provided also includes property that have assessments and or pending assessments that would have the right to be reassessed through a hearing process such as the Kutsi property. City Administrator Ben Martig explained that the Council needs to consider what portion of the assessments if any that should be reassessed to the respective properties in order for the city to recoup cost for services rendered.

PUBLIC HEARINGS

At this time City Administrator Ben Martig explained the Order for Nuisance Abatement. Mr. Martig explained that Staff has received a complaint about the property as described in the order. A house was demolished and the site was never properly leveled and reseeded. The owner has received a number of orders and requests to complete the site requirements that have followed the house demolition. The site cleanup requirements are incomplete as of today’s meeting. Mr. Martig noted that the property remains a liability and recommends a motion to proceed with the order of action to correct the violations that would include backfill the pit, block off area with fencing by the end of October. The order would include the requirements to restore the property with the natural grade and slope by November 15. Mr. Martig asked that the motion include the ability to proceed to court if necessary.

Motion by Councilmember Wiborg, second by Councilmember Scholtes approving the proceeding with Order 07-02 for nuisance abatement to Terrance Armon of 310 South Holland for property owned in lot 7, block 10, Dow & Bowen’s Addition with the conditions as set out. City Administrator Ben Martig added that Mr. Armon was notified of the hearing but was not present for the hearing. The motion passed unanimously.

At this time Vice Mayor Brod addressed Fire Chief Terry Campbell who was present to update the Council on details that occurred regarding the Kerry Ingredients Fire on Thursday, October 4, 2007.

Chief Campbell explained that at 2:17 P.M. Thursday, October 4th the Blue Earth Fire Department was called to a ware house fire at Kerry Ingredients plant in the Blue Earth Industrial Park. The following report was made available:

Fire Department on scene (15)

Blue Earth, Bricelyn, Delavan, Easton, Elmore, Fairmont, Frost, Granada, Ledyard, Lakota, Rake, Truman, Winnebago, Welcome and Wells.

Water Used (Approximate)

1.4 Mil Blue Earth

29,000 Gal Elmore

20,000 Gal Fairmont

200,000 Gal Winnebago

100,000 Gal Blue Earth River

10,000 Gal Frost

Approximately 1.7 Million Total Gallons used on the Fire

Man Hours

Blue Earth Fire Department 634 Hours

Other Departments 940 Hours

Total Hours 1,574 Hours

Equipment

3  Aerials

6  Pumpers

20  Tankers

4 Light Trailers

3 Rescue Units

2 Area Ambulances

Media

KEYC Mankato KSTP Twin Cities

KIMT Mason City KARE Twin Cities

KAAL Austin/Albert Lea Sentinel

KROC Rochester Faribault County Register

FOX 9 Twin Cities Free Press

WCCO Twin Cities KBEW

Chief Campbell reported that he met with the Insurance Adjusters and investigators in efforts to determine the cause of the fire. Chief Campbell reported that there were no injuries. Questions and discussion included whether there had been a lack of fire hoses available in the warehouse with Chief Campbell referring that the lack of hoses was in part due to the lack of a trained fire brigade to operate a hoses/sprinkler system so Kerry decided to remove them from the facility. It is unknown whether the hoses were there would have made an impact on early control of the fire. Councilmember Maher questioned the cost involved in fighting this fire. Chief Campbell responded that the City has mutual aide agreements with many of the surrounding towns; however, the cost is yet to be determined. Fire Chief Campbell added that that cost to replace equipment lost during the fire will be addressed as not been determined as of yet. The extreme heat in the warehouse forced the firemen out of the building late in the afternoon. The pre-stress walls in the building protected the office. At one point G&S Drainage assisted removing a 16X16 foot section of wall that help deal with the fire more effectively. The high demand on water alerted Blue Earth residents to be conservative throughout the evening of the 4th. Fire Chief Campbell informed the Council that Department losses included the engine and the electrical went out in the aerial truck.

Discussion concluded with expressions of gratitude to all who assisted with every detail involved during the actual fire and the hours and days following the fire at Kerry Ingredients.


REPORTS FROM STAFF

City Attorney

City Attorney David Frundt had no report at this time.

City Engineer

City Engineer Bill Sayre began his report with reference to the Walnut Street final assessment roll.

Police Chief

City Administrator Ben Martig reported that he and Police Chief

Dean Vereide has reviewed issues and concerns from Crescent Appartments. Mr. Martig reported that the Police already visit the apartments on a weekly basis and are in contact with Crescent Apartment Manager Nancy Cole. Applicants are required to be 18 or over with background check completed on all applicants. Mr. Martig reported that due to the vacancy of the City EDA Director’s position, HRA President Lars Bierly and Director Nancy Cole will address the issues and concerns and keep the Council informed.

Council discussion included addressing noise complaints, making sure the proper background screening is completed. City Administrator Ben Martig reported that there are security cameras and the police reports are available upon request.

CITY OF BLUE EARTH PUBLIC NOTICE

TO WHOM IT MAY CONCERN:

Notice is hereby given that the Council of the City of Blue Earth will meet at 5:05 p.m. on Monday, November, 5, 2007 in the City Council Chambers of the City Hall to consider, and possibly adopt, the proposed assessment for Walnut Street Reconstruction between 6th Street to 7th Street. Adoption by the council of the proposed assessment may occur at the hearing.

Plans prepared by Bolton & Menk, Inc. with reference to the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated cost of the improvement of $186,000.00. Such persons as desire to be heard with reference to the proposed assessment will be heard at this meeting.

Note:

PROPERTY OWNER INTERESTED IN DISCUSSING THIS PROJECT IS URGED TO PHONE: City Administrator Ben Martig at 507-526-7336 during normal business hours between 8:00 a.m. and 5:00 p.m. Monday through Friday.

The following properties will be affected:

21.200.8810, Brian and Dianne Frey, 804 East 6th Street.

21.200.8811, Ankeny & Wiederholt, Inc., 111 South Walnut Street.

21.200.8820, Mark S. and Dianne Mensing, 803 East 7th Street.

21.200.8830, Julie Olson, 809 East 7th Street.

21.200.8960, Economic Development Authority of Blue Earth.

21.200.8870, Economic Development Authority of Blue Earth.

City Engineer Bill Sayre reported that the assessment roll includes:

Water main $21,501.60

Sanitary sewer $12,765.35

Curb and Gutter, under drain and catch basins $16,588.00

Bituminous Pavement of 5-ton $7,464.00

Portion of assessment deferred $3,032.50

Total $58,318.95

City Engineer Bill Sayre reported that the owners will have the opportunity of appeal the value of the increase to their property.

Mr. Sayre reported that Blue Earth Landscape has been awarded the seeding for the Public Safety Center. City Administrator Ben Martig explained that the Public Safety Center is under the ownership of the Economic Development Authority and is under lease revenue bond until the bond is paid in full.

City Engineer Bill Sayre reported on the interceptor and point repair project time line and completion details. Mr. Sayre indicated that the point repair restoration work will be finalized within the next 2 weeks. Council discussion included expressed disappointment in the project coordinating for the curb, street and boulevard restoration once the spot repairs were completed. Those present agreed that the contract needs to be more specific for any subcontractors involved with all aspects to the projects as listed. Councilmember Wiborg was insistent to include clauses and dates on construction projects from this point forward and try to avoid future projects. City Engineer Bill Sayre explained that the above discussed issue has been almost a universal problem with construction companies and related projects all over.

City Administrator Ben Martig reported on the Economic Development Administrative plans include the increase of Secretary Bonnie Ankeny’s duties to full time and will include full time benefits as well. Mr. Martig noted that this year’s budget will not be impacted. Mr. Martig reported that the duties will include more time in the office and have been approved through the EDA Board. City Administrator Ben Martig explained that discussions are still under advisement of the board and other related entities as to the future of the Economic Development Authority.

REPORTS FROM BOARDS AND COMMISSION

City Administrator Ben Martig had no additional report at this time for the following:

Library Board Liaison

Economic Development Authority Liaison

Housing and Redevelopment Authority Liaison

Senior Center Board Liaison

Faribault County Fitness Center Board Liaison

Board of Public Works Liaison

Other Boards and Commissions

Joint Fire Service Advisory board

Joint Powers Agreement Board/School Resource Officer

Planning Commission

Charter Commission

Board of Zoning Appeals

Joint Airport Zoning Board

Blue Earth Airport Advisory Board

Board of Review

REPORTS FROM STANDING COMMITTEES OF THE COUNCIL

City Administrator Ben Martig had no reports for the following:

Parks & Recreation Subcommittee

Budget & Finance Subcommittee

Street Improvement Subcommittee

Highway 169 Landscape Subcommittee

City Administrator Ben Martig reported that Budget continues to be a priority. The above committees will reconvene in late December or early January.

Motion by Councilmember Maher, second by Councilmember Huisman to approve the reports of the Boards and Commissions as presented. The motion was approved unanimously.


CONSENT AGENDA

There were no consent agenda items at this time.

OLD BUSINESS

There were no old business items to discuss at this time.

NEW BUSINESS

There were no issues discussed at this time.

BILLS AND INVESTMENTS

Motion by Councilmember Gaylord, second by Councilmember Wiborg to pay the bills. The motion was approved unanimously.

REPORT OF CITY ADMINISTRATOR

City Administrator Ben Martig reported that he would be meeting with Kerry Ingredients this week. Mr. Martig added that Kerry communications with Kerry Ingredients have been good to deal with. City Administrator Ben Martig reported that he has had follow up with Rick Juba regarding several ongoing issues. Councilmember Gaylord has been very involved with the Steinberg Park involvement. Mr. Martig reported that Faribault County Soil and Water staff have offered to remain involved with the Steinberg Park project.

The time being 6:00 P.M., Vice Mayor Brod called for a motion to closed the Regular Council Meeting and return to the remaining Work Session agenda.

Motion by Huisman, second by Wiborg to close the Regular Session at 6:00 P.M. and return to Work Session. The motion passed unanimously.

City Administrator Ben Martig addressed the proposed wage differential of an additional $5.00 per hour for personal training and instructional classes to the Fitness Center Director retroactive to January 1, 2007. Mr. Martig explained that action will be presented at the next Regular Council meeting of Monday, November 5, 2007.

City Administrator Ben Martig noted that the Budget Review will be continued.

OTHER BUSINESS

Time being 6:06 P.M. Vice Mayor Brod closed the Council Meeting for Union Negotiation discussion.

ADJOURNMENT

Vice Mayor Brod opened the Regular Meeting at 6:220 P.M. Having no other issues to discuss the Regular Council Meeting adjourned at 6:23 P.M.

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