CITY OF BLUE EARTH

MINUTES

CITY COUNCIL MEETING

Tuesday, September 5, 2006– 5:00 P.M.

CALL TO ORDER

Mayor Hammond called the meeting to order at 5:04 P.M.

ROLL CALL

Roll call was taken: Councilmembers Brod, Gaylord, Barslou, Oswald, Maher and Mayor Hammond were present. Councilmember Keister was not 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

Present from the Public: Mike Blumenschein, Dr. Terry Cahill, Chad Cooper, Commissioners Barb Steier and Loren Lein.

Staff recommends the Council amend the City code to restrict leaf burning around United Hospital as illustrated on the attached document. Also, staff recommends monitoring of the burning during the fall with potential to restrict burning at the burn site. Lastly, staff recommends a review of the policy at the end of next fall and to re-evaluate policies at that time.

Background

City Administrator Ben Martig reported that the City has received communication from United Hospital from last November regarding concerns of local burning. Mr. Martig reported that he had a follow up phone conversation with Hospital Administrator Chad Cooper in which he explained that on November 7, 2005 in the late afternoon the smoke from leaf burning was so thick there was a haze in the hospital lobby. He explained that on certain days the smoke can be a significant health concern for staff and patients.

St. Lukes Director Gene Nelson explained last November that burning is a concern for staff and their clients. However, he noted that burning in the area has been limited. He is more concerned of increased burning at the burn site than restricting burning in the immediate area of St. Lukes. He did suggest that he would support a city-wide ban on burning of leaves. He provided a letter stating his position and is attached for your information.

Blue Earth Area School Superintendent Brandsoy last November indicated that he is not aware that burning has been a significant concern for staff or students.

City Administrator Ben Martig informed the Council that he phoned the City of Fairmont last year to see how they regulate leaf burning. They stated that they allow burning by permit at no charge. They issue about 500-600 permits per year. They also have one scheduled leaf pick up bag each year (Nov.5, 2005) where they have three drop sites for residents. Residents are charged $.25 per bag and the waste haulers remove the material and properly dispose of the leaves. They do have a city brush site where they accept trees and branches year-round at no charge.

City Administrator Ben Martig noted that everyone has the current city code that regulates burning within the City of Blue Earth. The City has tried composting in the past which was ineffective. It required too much maintenance and also had a smell issue. The restriction of burning in areas around the hospital and nursing home could be a one year trial and may be worth pursuing in addition to voluntary residential curbside pickup may reduce the amount of leaves burned in the city and if the City were to try this for one year we can also see how residents like the service. Mr. Martig discussed this issue with both B&B sanitation and Waste Management about providing leaf pickup for the fall of which both have expressed an interest in providing this service. Waste Management has indicated they would be willing to provide voluntary curbside leaf pickup for one year at $.75 per bag. They would do so for three Fridays every other week from about mid-October to early November. I would leave open opportunity to amend this in order to discuss with B&B as well and potentially bid service but figured the Waste Management proposal could be used as starting point for discussion purposes.

City Administrator Ben Martig reported that recent discussions with Mr. Cooper indicated that the above discussed actions are appropriate.

The Community Survey that was conducted this year had the following results related to rating the “smoke from leaf burning”:

Not a problem = 43%

Minor problem = 26%

Moderate problem = 13%

Major problem = 15%

Although a clear majority indicated this is a minor problem or not a problem, there are a significant number of people from the public that feel it is a minor or major problem. For those people with a major problem, it could have serious health implications.

City Administrator Ben Martig noted that there is no impact to the City budget with the proposed policy change. Residents may have to pay if they choose the curbside pickup option. The Council could choose to leave the leaf burning and burn site policy as-is or Council could choose to restrict burning in the City and alternatively allow for curb side pick up at the expense of the homeowner. In this case, the Council could either leave the burn site available for residents or restrict to burning of brush and leaves from streets only or other options may be suggested by the Council.

City Administrator Ben Martig provided a map of proposed restricted burning areas in addition to letters from the United Hospital staff, St. Lukes Letter, City Code excerpt leaf burning and State Statute reference leaf burning.

Motion by Councilmember Barslou, second by Councilmember Oswald to approve an Ordinance implementing the City of Blue Earth allows burning of leaves on private property from September 15 through December 1. Burning is allowed during the hours of 3:00 P.M. until dusk except on Saturday and Sunday burning is allowed from 12:00 P.M. to dusk. All fires shall be completely extinguished by dusk. Such fires shall not be less than twenty-five (25) feet away from any structure, wood fence, hedge or brush, and not less than five (5) feet away from any property line. The burning of leaves is prohibited on City streets, boulevards, and any public property by private citizens. Additionally, there is no leaf burning allowed for properties within two blocks of United Hospital (see map below).

The open burning of leaves produces particulate matter and hydrocarbons, which contain a number of toxic, irritant and carcinogenic compounds that are can have particularly irritating effects to children under the age of 10, people over age 65, pregnant women, people with respiratory diseases, people with asthma, smokers and people with allergies. Considering these health concerns, residents are encouraged to choose alternatives to burning in town by either mulching leaves on their property or hauling the leaves to the burn site on the south end of Blue Earth off Ramsey Street. Lastly, please consider limiting burning during periods when heavy smoke is prevalent.

Roll call vote was taken:

Councilmember Brod Aye

Councilmember Maher Nay

Councilmember Barslou Aye

Councilmember Gaylord Aye

Councilmember Keister Absent

Councilmember Oswald Aye

Mayor Hammond Aye

The motion passed 5 to 1.

Council discussion included Resolution 06-46 as follows:

CITY OF BLUE EARTH

RESOLUTION OF SUPPORT

FOR THE UNITED HOSPITAL DISTRICT

WHEREAS, UHD was founded in 1968;

WHEREAS, UHD serves the communities of Faribault County and North Iowa;

WHEREAS, UHD employs 230 full and part-time employees and has an annual payroll in excess of $7.5 million;

WHEREAS, UHD is an acute-care hospital that provides a variety of medical, surgical and emergency care services;

WHEREAS, UHD has gone through recent renovations investing in $8 million into its local facilities since 2000 as well as approximately about $500,000.00 to $750,000.00 investment in equipment and technology on an annual basis:

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

United Hospital District--its physicians, providers and employees--be commended for all it has done in providing quality health care services to residents both in the City of Blue Earth as well as throughout Faribault County. Be it further resolved that the City of Blue Earth fully supports United Hospital District in its mission and efforts to continue to provide quality health care services to the residents of Faribault County for years to come.

The Council had unanimous support to the above presented Resolution. Dr. Terry Cahill expressed his appreciation to the support as presented. The Council discussion included the recognition to the smoke exposure hazards and the permanent affect on lungs and gave the following vote of support to the Hospital District as presented.

Motion by Maher, second by Barslou to adopt Resolution 06-46 in support of the United Hospital District as presented. The motion passed unanimously.

Mayor concluded the discussion by stating the United Hospital is an asset to the community and gratify to the comments and issues as they have been discussed and there is no more to be said other than the compete support as given in Resolution 06-46.

Motion by Councilmember Brod, second by Councilmember Maher to approve the minutes from the Regular Council Meeting of Monday, August 21, 2006 and the minutes from the Works Session of Monday, August 21, 2006. 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

There was no public hearing at this time.

REPORTS FROM STAFF

Police Chief

City Administrator Ben Martig reported that Officer Jeff Marks will be leaving the Blue Earth Police Department effective October 1, 2006.

Public Works

City Administrator Ben Martig had no report at this time.

Fire Chief

City Administrator Ben Martig had no report at this time.

Economic Development Director

There was no report at this time.

City Attorney

City Attorney David Frundt had no report at this time.

City Engineer

City Engineer Bill Sayre reported that bids for the Walnut Street project have been included in the Council Pack. Mr. Sayre reported that 2 bids were received as follows:

Bidder Bituminous Concrete High-Early Base Bid Alternate bid Strength Concrete

7” pavement addition

Engineer Est. $163,246.50 $172,302.50

Bob Moore $160,213.41 $159,847.41 $4.80 5%BB

Drainage

As read as read

Mike Backhoe Serv. $230,027.40 $245,944.75 $8.00 5%BB

LeCenter MN as tabulated as tabulated

$490,582.75 $214,542.15

Council discussion included the life cycle of the bituminous and cost of concrete. The Council agreed that they wanted a road that would wear over a 30 year period.

City Engineer Bill Sayre reported that Walnut Street is proposed to be open for traffic in November.

Motion by Maher, second by Brod to adopt Resolution 06-44

CITY OF BLUE EARTH

RESOLUTION 06-44

RESOLUTION ACCEPTING BIDS FOR WALNUT STREET IMPROVEMENT

WHEREAS, pursuant to an advertisement for bids for the reconstruction of Walnut Street from 6th to 7th Street.

WHEREAS, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement,

AND WHEREAS, it appears that Bob Moore Drainage and Excavation of Blue Earth. is the lowest responsible bidder,

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

1. The Mayor and Clerk-Administrator are hereby authorized and directed to enter into the attached contract with Bob Moore Drainage and Excavation for Walnut Street improvements according to the plans and specifications therefore prepared by Bolton & Menk, Inc. with reference to the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $186,000.00

2. The city clerk is hereby authorized to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed.

Mayor Hammond questioned the estimated cost of $186,000.00 versus the bid amount of $159,847.41 to Moore’s Drainage. City Engineer Bill Sayer noted that the $186,000.00 is the estimated cost of improvement. The motion passed unanimously.

At this time City Engineer Bill Sayre presented change order number 1 signed by contractor Pearson Brothers, Inc. in the amount of $48,376.37. City Engineer Bill Sayre explained that there is 5% retained in the amount of $2,546.13.

Motion by Councilmember Brod, second by Councilmember Maher to approve pay estimate number 1 payable to Pearson Brothers Inc, for the 2006 Bituminous Seal Coat project in the amount of $48,376.37. Councilmember Barslou question if this is the last payment. Mr. Sayre report of the next will be payment number 2 then the final. The motion passed unanimously.

REPORTS FROM BOARDS AND COMMISSION

Library Board Liaison

City Administrator Ben Martig had no report at this time.

Economic Development Authority Liaison

Housing and Redevelopment Authority Liaison

Community Development Director Rick Juba reported that the EDA and the HRA Boards. Mr. Juba reported that he has been working on a Central District Development program. The Committee plans on visiting several communities on Wednesday, September 13, 2006 that would include the city of Humboldt Iowa. Mr. Juba noted if there were any Councilmembers interested in the tour, they are to inform Mr. Juba of the interest.

Community Development Director Rick Juba reported that Lisa Hughs from Minnesota Southwest Housing Program has been a valuable resource and contact person. Mr. Juba reported that he recently visited St. Peter Minnesota with regard to their low to high housing expansion.

Community Development Director Rick Juba discussed the Southwest Minnesota Housing Partnership program of which 2 homes in Blue Earth have been purchased with rehab plans developed for the resale of the two homes. Mr. Juba noted that licensed contractors have been contacted to assess the repairs needed to complete the scope of the rehab and submit bids for the proposed project.

Senior Center Board Liaison

City Administrator Ben Martig had no report at this time.

Faribault County Fitness Center Board Liaison

City Administrator Ben Martig had no report at this time.

Board of Public Works Liaison

At this time City Administrator Ben Martig addressed the consideration of Resolution 06-48 accepting the Offer of the Minnesota Public Facilities Authority to Purchase a $324,500 General Obligation water revenue note of 2006, providing for its issuance and authorizing execution of a bond purchase and project loan agreement.