CITY OF BLUE EARTH

MINUTES

CITY COUNCIL MEETING

Monday, November 18, 2013 5:00 P.M.

CALL TO ORDER

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

ROLL CALL

All Councilmembers were present. Staff members present: City Administrator, City Attorney, City Engineer, Police Chief and Fire Chief.

DETERMINATION OF A QUORUM

Quorum present.

PLEDGE OF ALLEGIANCE

Mayor Scholtes led the pledge of allegiance.

MEETING OPEN TO THE PUBLIC

Public Present: Debby Johnson, Amy Schepers, Staci and Bill Thompson, Laura Larsen, Lynn Preuss, Dale Henke, Steve Lawrence and Ron Lawrence.

At this time Mayor Scholtes addressed the Ag Star Grant Award presentation to the Fire Department. Fire Chief Roger Davis was present to accept the grant for the air fill station for the SCBA Trailer from Ag Star representative Lynn Preus.

Bailey also reported that Benco awarded a grant to the Fire Department for a multi-gas air monitor in the amount of $250.00. The DNR awarded a grant to the Fire Department in the amount of $2,000.00 to purchase radios and pagers. Davis reported that they are also planning on purchasing a radio for the proposed new tanker truck.

At this time Mayor Scholtes addressed Police Chief Tom Fletcher, Officer Chad Bonin and Law Enforcement Liaison Scott McConkey. McConkey was present to award the “Toward Zero Deaths Award” to the Police Department. McConkey reported that the Blue Earth Police Department is a partner with hundreds of other departments that strives toward zero deaths by focusing traffic enforcement efforts. Speed is one of the main contributing factors in crashes and in determining their severity. Higher speed means greater force and less time to react. In Minnesota it is the law that you must travel at the appropriate speed to maintain control of your vehicle in any conditions like snow, ice, rain, fog, etc. The Blue Earth Police Department is receiving a new piece of equipment to assist them with their traffic enforcement efforts keeping drivers at a safe and legal speed. The “Stalker Radar” is a tool to help make our community safer. McConkey reported that the equipment is valued at approximately $4,000.00.

At this time Mayor Scholtes recognized Dale Henke who was present to discuss his concerns over the placement of his new driveway on Highland Drive. Steve and Ron Lawrence were also present regarding their driveways on Highland Drive. Henke proceeded to present the Council with handouts discussing concrete curing tips. Henke noted that his cement was poured on Monday, November 4th and temperatures dipped between 30 and 24 degrees over the night. Contractors did not cover the cement nor did they spray the new cement. Henke expressed concern that the cement might begin to flake after 2 or 3 years because of the freezing temperature and the lack of the proper precautions to protect the curing process. Henke wanted it recorded that he has concerns for the new concrete. City Engineer Wes Brown reported that there is a 2 year contract warranty. Scholtes noted that the warranty begins after the project is finished. Brown explained that the concrete generates its own heat in the curing process so the likelyhood of damage is very low. Henke reported that he had also paid $1,000.00 for additional concrete work. Steve Lawrence reported that on Monday, November 4th, the State poured cement and they covered theirs that evening when the temperature dropped. Henke reported that he had discussed his concerns with the Highland project director Dana Draper.

APPROVAL OF MINUTES

Motion by Huisman, second by Gaylord approving the minutes from the Special Budget meeting of Monday, October 28, 2013, Work Session and Council Meeting of Monday, November 4, 2013. The motion was approved unanimously.

LICENSES AND PERMITS

There were no licenses or permits at this time.

CORRESPONDENCE

Mayor Scholtes noted that there was a letter from Lutheran Social Services Senior Nutrition regarding the Blue Earth Senior Meal site closure effective December 31, 2013. Bailey reported that 5,251 meals were served in 2012. This closure will impact the Senior Center’s budget by $8,400.00 of funds that was received from Lutheran Social Service per year. Bailey explained that Lutheran Social Services is a sponsor of a Federal program that helps subsidize Senior Nutrition and added that there have been other sites to close across the nation. Bailey reported that Parker Oaks will still be providing meals to the nutrition sites of Elmore and Wells.

PUBLIC HEARINGS

None

REPORTS FROM STAFF

At this time Mayor Scholtes addressed the preliminary joint animal impound facilities and services agreement. Scholtes explained that he and Kathy Bailey have met with Elmore, Faribault County Sheriff, Wells and Winnebago. Scholtes reported that the draft of Joint Powers Agreement (see attachment A draft joint animal impound agreement) is for a joint animal impound facilities and services. Scholtes noted that the discussion from the meeting led to the draft agreement that has been presented to the Council so the group could hire an animal control officer to serve the respective areas. If Council were to consider this agreement with the City of Elmore, City of Winnebago, City of Wells and the County. A joint Board would establish how the facility would be run according to their rules and the expenses would be split according to the respective populations. Blue Earth City staff would keep track of the fees and be then be reimbursed by the board. Any maintenance for the facility and/or expansion would be decided on by the advisory board. City Attorney David Frundt explained that this is a very preliminary draft agreement established with very little direction. Frundt reported that the City of Wells has opted out of the agreement at this time. Frundt explained that the concept is a joint powers arrangement which means a new level of government is being created to be dealing with animal control. The City of Blue Earth would have the right to appoint a representative on that body. The body sets the budget and makes the decisions and then brings them back for Council consideration. Frundt reported that this draft document is open to full discussion as to what Council would like in the agreement.

Scholtes reported that all of the other entities have to agree on the document as well. Scholtes shared that the prior concern over the pound was that the other communities were not putting any money into the facility and the joint venture seems to be a good solution to remedy that concern. Huisman reported that he was familiar with joint power agreements but wondered how the Humane Society fits into this agreement. Frundt responded that it is not addressed in this agreement because there has not been a body created to address that issue. Frundt reported that the first step was to create the agreement then to select and use a body to establish how the facility will operate. Huisman interjected that if he were the Humane Society, he would want to know what their roll will be with this new venture. Huisman added that Joint Powers could decide that they do not want to use the Humane Society.

Scholtes reported that the goal from the meeting was to draft a basic agreement with plans to possibly expand the facility. However, the cost for a new facility could cost $100,000.00 and none of the entities have funds readily available to pay for a facility at this time.

Brod discussed the fact that this is a proposed joint effort and they need to come together and decide which direction they will take whether they want to contract with the Humane Society or not. Brod added that this venture will help spread the cost between the different communities that will potentially be the users of the facility. The primary user will be the county because there are more people throughout that area. Brod added that at this point the Humane Society is not included because if they were they would have to be added as a financial backer to the facility. Huisman noted that at the least we as the City of Blue Earth have to let the Humane Society know they will still be a part. Scholtes reported that the Joint Powers want to be in sole control of the facility and they want to hire the Animal Control Officer. The ACO would take care of the animals at the pound and once the time limit is up for an unclaimed animal, that animal would be turned over to the Humane Society to be adopted out. The board’s intention is to use the pound for only the animals that they take in. Scholtes told the Council that they need to decide if they want to continue the way we are now or join the joint powers. Huisman was not comfortable with just the police officers on the board. Huisman felt that there should be some non officers on the board.

Stacy Thompson did not understand why the Humane Society would be booted out. Police Chief Fletcher explained that it was his understanding that if the City goes with the Joint Powers agreement then the board would want full control and the Humane Society would not be caring for the animals. Scholtes reported that the entities felt that the facility was big enough to house the animals that they would be taking to the pound. Scholtes added that whether we agree or not is what Council needs to decide the direction they intend to go. Huisman argued that there should not be any decisions tonight due to the fact that this is the first time any of them has had to see the document.

Laura Larson asked what the city has to lose if they don’t include the County, Elmore and Winnebago in the agreement to house animals outside of the City of Blue Earth. Scholtes responded that the City of Blue Earth does not have anything to lose. However, Scholtes understood that the Humane Society needs the whole county in order to make the Faribault County Humane Society work. Thompson reported that they depend on the income from the impounding fees. Deb Johnson said that she liked the idea of the Joint Powers Board to oversea the pound. Johnson added that there are a lot of issues County wide that might get resolved through more standardization of regulations through the joint powers. She added that as a Humane Society, they could possibly get grants to help fund projects that the City might not be eligible to receive.

Mayor Scholtes explained that the City of Wells and the City of Winnebago and Elmore in addition to the County already have said that they are going in a different direction whether Blue Earth joins forces or not so the Humane Society is already out those possible funds. The only animals that the Humane Society will get paid for are the ones that come in from Blue Earth.

Laura Larson reported that the current pound as it sits right now is not even close to meeting proper code regulations. Bailey reported that a lot of the discussions were based on the Animal Collection Officer throughout the County and how we are going to hire that person, how will the ACO be paid, who would oversee the ACO time card and mileage. Bailey added that this will make the ACO position more manageable.

Thompson asked if the City of Elmore and the City of Winnebago definitely said that they would not enter into an agreement even if 2 kennels were left open at the pound at all times. Chief Fletcher reported that as this agreement sits, the way we understand is that the Humane Society would be out. Huisman interrupted by saying for a joint powers agreement to be successful, you have to have all parties involved represented. Huisman asked who was at the joint powers meeting. Scholtes reported that he was there along with Kathy Bailey, Tom Fletcher, Mike Gormley, Scott Adams, Chief from Elmore and the Chief from Winnebago.

Brod reported that the Joint Power Board can detail what is going to happen to the animal after 5 days which means that the animal could be decided to be turned over to the Humane Society should no one claim the animal. There is no intent to euthanize the animals because there is no home for them. Fletcher reported that had been discussed and made clear that there was no reason not to continue working with the Humane Society. Thompson reported that their main concern is to not euthanize animals unnecessarily. Scholtes noted that the biggest concern is that there is not enough space. Huisman asked that the issue be tabled till we have a chance to look over the information. Erichsrud said he would like the Humane Society to know that we support them so that is what we have to decide do we support them. Scholtes was trying to be fair to the Humane Society so where does Council want to go? Scholtes noted that if we continue working with them the way we have been because it will be the City of Blue Earth and the Humane Society and we still need an ACO. Erichsrud asked what would happen if they don’t find an ACO. Scholtes reported that would be up to the Joint Board. Scholtes reported that the bottom line is that the Joint Powers wants control and they would be in favor of turning the animals over to the Humane Society after the required stay and the animal is unclaimed.

Scholtes placed the animal control issue on the agenda for Monday, December 2nd. Council will be considering if they want to stay with the current situation or go with the Joint Powers agreement. Bailey noted that if it is going to be a Joint Powers agreement then it needs to go before all the other entities involved.

At this time Mayor Scholtes addressed Ordinances 13-10 and 13-11. City Attorney David Frundt explained that the Ordinances are related to the Federal EDA Grant and the land transactions involved with the new proposed North Industrial Park. Frundt explained that because of section 12.02 of the City Charter the Ordinances are being presented tonight. Frundt reported that the fee title to real property of the city may be conveyed by the Mayor and Clerk Administrator by authority of an Ordinance duly adopted and that Ordinance is subject to the potential of a referendum at a later date. Frundt reported that within 30 days of the passage of the Ordinance if there is a petition filed, the Ordinance is subject to a referendum vote that has to occur. Traditionally we pass Ordinances for the sale of property because we are not in the business in acquiring property on a regular basis but this is a very large real-estate transaction and this is the first step in being able to purchase the land.