City of Blue Earth s3

CITY OF BLUE EARTH

MINUTES

CITY COUNCIL MEETING

Monday, July 5, 2006– 5:00 P.M.

CALL TO ORDER

Mayor Hammond called the meeting to order at 5:00 P.M.

ROLL CALL

Roll call was taken: Councilmembers Brod, Gaylord, Barslou, Oswald, Maher, Keister and Mayor Hammond were present. Staff members present were: City Administrator Ben Martig, Community Development Director Rick Juba, City Attorney David Frundt and City Engineer Bill Sayre.

DETERMINATION OF A QUORUM

After roll call, Mayor Hammond determined there was a quorum.

PLEDGE OF ALLEGIANCE

Mayor Hammond led the pledge of allegiance.

MEETING OPEN TO THE PUBLIC

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

APPROVAL OF MINUTES

Motion by Maher, second by Barslou to approve the minutes from the Regular Council Meeting of Monday, June 19, 2006 and the minutes from the Works Session of Monday, June 19, 2006 Minutes of the joint Light and Water Audit meeting Monday, June 12, 2006. The motion was approved unanimously.

LICENSES AND PERMITS

There were no licenses or permits at this time.

CORRESPONDENCE

The was no discussion on the correspondence at this time.

PUBLIC HEARINGS

Mayor Hammond opened the Seal Coat Assessment hearing at 5:05 p.m. Those in attendance were Wayne Hermanson of 720 South Ramsey Street, Bonita Hagedorn of 226 South Circle Drive, Michael Dorsey of 409 North Holland Street Joe Fering of 701 North Main Street, Midge and Harlan Schmitgen of 218 Oak Knoll Court and Paul Johnson of 326 West 3rd Street.

City Engineer Bill Sayre referred to the consideration of Resolution 06-33.

RESOLUTION 06-33

CITY OF BLUE EARTH RESOLUTION ORDERING IMPROVEMENT

AND PREPARATION OF PLANS

WHEREAS, a resolution of the city council adopted the 5TH day of July, 2006 fixed a date for a council hearing on the proposed Street improvements of:

Holland Street- First Street to Seventh Street

Holland – Eighth Street to Tenth Street

Ramsey- Fourteenth Street to Twenty First Street

Moore – Fourteenth Street to North Circle Drive

Galbraith - Fourteenth Street to South Circle Drive

All of Circle Drive

Queens Drive

Kings Drive

Fifteenth Street- Galbraith to Ramsey

Oak Knoll Court

Tanglewood Lane

Smith Drive

Meadow Lane

AND WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 5th day of June, 2006 at which all persons desiring to be heard were given an opportunity to be heard thereon,

NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BLUE EARTH, MINNESOTA:

Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report.

Such improvement is hereby ordered as proposed in the council resolution adopted 5th day of July, 2006.

Plans and specifications prepared by Bolton and Menk Inc., engineer for such improvement pursuant to council resolution, a copy of which plans and specifications is attached hereto and made a part hereof, are hereby approved and shall be filed with the city clerk."

City Engineer Bill Sayre noted that the estimate cost to the project is $73,700.00 and is the first time such a proposal of assessment has been done. The estimated cost per front foot of property is $3.09 with the final amount depending on the bids received for the project. Discussion included Wayne Herman son’s concern why the traffic is not better monitored for weight limits on the streets that are not able to handle the tonnages. City Engineer Bill Sayre and City Administrator Ben Martig both responded that the streets are over due for repair with some streets being over 35 years old. This seal coat project will help the life of the streets until which time some will be scheduled for reconstruction as.

Mike Dorsey expressed objection to homeowner paying for repair/maintenance with the question why are there some areas that are under repair and not on the list for assessment. Midge and Harlan Schmitgen noted that their lot has a large frontage pie shape lot and it did not seem fair that they would be charged such a large amount of assessments given their lot dimension irregularity. Harlan Schmitgen questioned the cost of red rock versus pea rock and gets a longer life out of the maintenance. City Engineer Bill Sayre responded that the red rock is sharp and shortens the life of the snow plow blades.

Additional discussion included vehicle parking complaints that have grass growing under them due to the fact they are not road worthy and why stricter enforcement is not implemented/.

Staff is currently putting together the preliminary assessment roll to be provided a public hearing. The Bid opening scheduled for July 13 on this project.

Paul Johnson questioned the determining factor of repair versus reconstruction of certain Streets. Response given by City Engineer Bill Sayre included the plans for five year street repair and reconstruction and added that there are many streets that need major work and continuous spot repair. Mayor Hammond noted that the intent is to preserve the surface. City Administrator Ben Martig informed those present that the assessment would be over a three to five year period with the interested charge slightly higher than current savings interest.

Bonita Hagedorn was not in favor of residents charged assessments for general street maintenance and asked why there is not a consideration of an equal cost share to the proposed project.

Councilmember Gaylord did not agree that residents should be assessed for the proposed seal coat project. City Administrator Ben Martig and City Engineer Bill Sayre noted that 250 residents received letters informing them of the proposed assessment and 10 people present at tonight’s meeting objecting to the assessments, leaves a majority having no issues.

City Administrator Ben Martig noted that the assessment policy has been in place for a number of years and the Council did vote in favor of assessment of seal coating cost to residents. City Administrator Ben Martig informed those present they have the right to appeal the assessments. Mayor Hammond closed the hearing at 5:50 P.M.

Motion by Councilmember Maher, second by Councilmember Brod to approve Resolution 06-33 as presented. The motion passed with Councilmember Gaylord apposing.

City Engineer Bill Sayre informed the Council of the proposed July 17, 5:05 p.m. hearing for the consideration of Resolution 06-30 for the Public Hearing on Housing Program and Interim Loan Transaction.

City Engineer Bill Sayre also informed the City Council on the proposed Resolution 06-34 declaring adequacy of petition and ordering preparation of report for Walnut Street between 7th and 6th Street. City Engineer Bill Sayre noted that the Light and Water Board are in support of the repairs due to the current watermain reconstruction needed.

Motion by Oswald, second by Brod to adopt the following resolution as presented.

RESOLUTION 06-34

CITY OF BLUE EARTH

RESOLUTION DECLARING ADEQUACY OF

PETITION AND ORDERING PREPARATION OF REPORT

BE IT RESOLVED BY THE CITY COUNCIL OF BLUE EARTH, Minnesota:

1. A certain petition requesting the improvement of Walnut Street between sixth Street and seventh, filed with the council on July 5, 2006 , is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minn. Stat. § 429.035.

2. The petition is hereby referred to City Engineer Bill Sayre and that person is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended.

The resolution passed unanimously.

Motion by Maher, second by Brod to approve the letting date of Thursday, July 13, 2006 at 2:00 P.M. for the seal coat project. The motion passed unanimously.

City Engineer Bill Sayre referred to last weeks hearing with regard to the Minnesota Pollution Control Agency funds to be directed to the Public Safety Facility Fund.

REPORTS FROM STAFF

City Administrator Ben Martig noted that the following reports were given during the Work Session. There was no further discussion regarding the departments as follows:

Police Chief

Public Works

Fire Chief

Economic Development Director

City Attorney

City Engineer