Minutes of the regular March 11, 2014 Motley City Council Meeting

REGULAR MEETING – MOTLEY CITY COUNCIL

Motley, MN March 11, 2014

Pursuant to due call and notice thereof, Mayor Nieken called the meeting to order at 6:00 p.m. with the following council members present: Rob Sampson, Steve Johnson & Pat O’Regan. Amy Hutchison was absent. The meeting took place at city hall.

The following persons were present for all or part of the meeting: Attorney Tom Pearson and Dan Hawley, Gammello Qualley Pearson & Mallak; Mary Backlund and John Archer, Schlenner Wenner CPA; Brian Madison; Tim Schneider; Bruce Brotherton; Patty Zahler and Forrest Reichel, Morey’s Seafood Int’l; Dawn Timbs; John Graupman, Bolton & Menk; County Commissioner Kevin Maurer; Dan Euerle, Di-Mar Construction & Terri Smith.

The pledge of allegiance to the flag was given.

O’Regan moved with a second by Sampson, to approve the consent agenda as follows:

A.  Outstanding bills - Claim # 8189 - 8240

Check # 28489 - 28536 & EFT #171-175

Check # 14035 - 14054

B.  Employee Leave Report

C.  Minutes of the Regular February 11, 2014 meeting

Sampson, Johnson, Nieken and O’Regan voted aye, none nay. The mayor declared the motion carried.

City Attorney/Engineer

Tom Pearson clarified that his rate would be $150.00 per hour unless it was a situation where attorney’s fees would be passed on to an applicant (such as sub-division). In that situation it would be his standard hourly rate.

Addressing the bid situation for the Water Treatment Facility, he spoke of the council’s latitude and discretion when awarding the bid. If a council decides that they want to award the bid to someone other than the low bidder, he advised that it would need to be done by resolution with the reasons clearly listed within the resolution.

John Graupman reminded the council that April 24th was the deadline for awarding the bid on this set of bids.

Annual Audit

Mary Backlund and John Archer represented Schlenner Wenner is presenting their findings for the annual audit year ended December 31, 2013. They reported that there were no issues found. Backlund stated that the Water Fund is committed to contribute a portion of the debt service for several projects and if that were to continue we may need to raise rates in the future.

Sampson moved, with a second by O’Regan, to accept the annual year ended December 31, 2013 audit as presented. Nieken, Sampson, Johnson and O’Regan voted aye, none nay. The mayor declared the motion carried.

Planning Commission

The Planning Commission held two (2) public hearings regarding a Conditional Use Permit and Variance applications from Morey’s Seafood International for two (2) building additions to an existing manufacturing/processing facility.

The PC is recommending approval of the requested conditional use with no additional conditions based on the following findings of fact:

1.  The use or development is an appropriate conditional use in the land use zone.

2.  The use with condition is compatible with the existing neighborhood.

3.  The use with conditions would not be injurious to the public health, safety, welfare, decency, order, comfort, convenience, appearance or prosperity of the City.

4.  The conditional use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose permitted on that property, nor substantially diminishes or impairs values in the immediate vicinity.

5.  The conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area.

6.  The conditional (use will not increase) public cost for public facilities and services and will not be detrimental to the economic welfare of the community.

7.  The conditional use will have vehicular approaches to the property which are so designed as not to create traffic congestion or indifference with traffic on surrounding public thoroughfares.

8.  Adequate measures have been taken to provide sufficient off-street parking and loading space to serve the proposed use.

9.  Adequate measures have been taken or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration, so none of these will constitute a nuisance and to control lights and signs in such a manner, that no disturbance to neighboring properties will result.

10. The conditional use will not result in the destruction, loss or damage of a natural, scenic or historical feature of major significance.

11. The conditional use will promote the prevention and control of pollution of the ground and surface waters including sedimentation and control of nutrients.

The following findings of fact were presented for consideration by the City Council regarding the variance application:

1.  Will the granting of the variance be in harmony with the general purposes and intent of the Motley Land Use (Zoning) and/or Subdivision Ordinance? The spirit and intent of the 50ft required setback from a road right of way is to ensure that buildings do not crowd too closely to a road, to ensure that any vehicles that may leave the road do not create damage and to ensure adequate space for road maintenance activities.

The proposal would place permanent buildings closer to the right-of-way and could potentially impact the issues mentioned above. So long as the potential for damage to vehicles and road maintenance activities are not significantly different with 24-26 foot setbacks instead of 50, it could be argued that the lesser setbacks are in harmony with the general purposes of the ordinances.

2.  Will the granting of the variance be consistent with the Motley Comprehensive Plan? The Comprehensive Plan does not directly address issues such as building setbacks. It makes general statements about a desire to improve the quality of life for residents of the City, improve access to employment and support economic development activities.

3.  Is the proposed use of the property reasonable? The proposed use of the property for an addition to increase the efficiency of the facility and make more efficient use of space within the building is reasonable given the long standing presence of the business in the community and the need to place such improvements within close proximity to related operations within the building.

4.  Is the plight of the landowner due to circumstances unique to the property not created by the landowner? The need for the road right-of-way setback variance is created primarily by the existing location of the building and the layout of certain operations within the building. The building pre-dates the City’s zoning ordinance – so it would have been difficult for the business to predict what the required setbacks might be when they originally built the facility.

5.  Will the variance, if granted, alter the essential character of the locality? The site has been used for manufacturing/processing for many years and the character of the locality will not be changed in any significant manner as a result of these relatively small additions.

6.  Are economic considerations the only reason the applicant cannot meet the strict requirements of the ordinance? It appears the primary reason for the variance request is to place the new equipment in a location that makes the most efficient use of the existing operations and floor layout.

O’Regan moved, with a second by Johnson, to approve the conditional use and variance applications with no additional conditions for Morey’s Seafood International. Nieken, Sampson, Johnson and O’Regan voted aye, none nay. The mayor declared the motion carried.

Orton’s BP is proposing a 2 x 6 sign to be placed on the same pole as the carwash sign, directly under the other sign. The question is…..was a sign already there? Sampson felt that he would need more information as we would be looking at expanding a non-conformance.

The March P & Z meeting will be cancelled unless the sign issue needs to be addressed before that.

Unfinished Business

The draft weed ordinance needs to be sent to the City Attorney for review.

Fire Department

The February 2014 fire report was given. The department wishes to purchase a positive pressure fan and K-12 kit. A positive pressure fan pushes the smoke out of the room instead of letting it take a natural way out. It helps the fire fighter to be able to use their eyes instead of feeling their way through the smoke. A K-12 kit is a maniac saw….like a chain saw but with a big steel blade.

O’Regan moved, with a second by Johnson, to approve the purchase of the positive pressure fan and the K-12 kit but requiring quotes to be brought forward at the next meeting. Nieken, Sampson, Johnson and O’Regan voted aye, none nay. The mayor declared the motion carried.

The subject of advertisement for explorers will be brought forward to the next meeting.

Sampson moved, with a second by O’Regan, to advertise for firefighters. Nieken, Sampson, Johnson and Mills voted aye, none nay. The mayor declared the motion carried.

Sampson moved, with a second by Johnson, setting a hiring committee for firefighter applicants as follows: Smith, Dille, Schneider, Judd, Sampson and a firefighter chosen by Dille. Nieken, Sampson, Johnson and O’Regan voted aye, none nay. The mayor declared the motion carried.

The fire department asked for authorization to re-key 3 pedestrian doors in the fire hall. There has been talk in the past about a new security system. The clerk reported that there has been suspicious activity at city hall. City Clerk, Police Chief, Maintenance Supervisor and Fire Chief have been the committee in the past to look into a security system for city buildings. This subject will be brought back.

Police Department

The February 2014 police report was given.

Madison reported that the department has spent $2,225.00 in repairs for the squad car and it is currently in the shop again with estimated repair costs of $300.00. Payments for a new car are part of the budget and the new Tahoe’s are $176.00 higher than last proposed. Bluebook on the Charger is $10,500.00 and the Crown Victoria is $2,400.00. The number of years that the vehicle is financed will be the key to meeting budget numbers. Madison stated that it is not cost effective to keep two (2) vehicles because of the cost to equip them. Most of the equipment from the Charger will not be able to be used on a Tahoe but could be sold with the Charger.

O’Regan moved, with a second by Sampson, authorizing the purchase of a 2015 Tahoe. Sampson expressed concerns that the item had not been placed on the agenda, Johnson agreed. This motion was tabled until the next meeting.

Maintenance Department

The February 2014 maintenance report was given. Brotherton spoke briefly about a future meeting with Mn Dept of Health to look at the quarterly averages.

Brotherton asked if the city would be willing to pay for part of his personal cell phone as he uses it for city business. He will bring back information about partnering on a plan with the police department for a city issued cell phone for the maintenance department.

Sampson moved, with a second by O’Regan, approving the purchase of an electronic tablet for the maintenance department not to exceed $800.00. Nieken, Sampson, Johnson and O’Regan voted aye, none nay. The mayor declared the motion carried.

$850.00 was budgeted for American flags for poles along Hwy 10. If we want good quality we only have enough money budgeted for 14 poles.

Sampson moved, with a second by Johnson, approving the purchase of the better quality flags. Nieken, Sampson, Johnson and O’Regan voted aye, none nay. The mayor declared the motion carried.

Administrative Department

The February 2014 Water Usage Report was given.

Smith asked the council to consider giving a break on the bill for those that needed to run their water to prevent their water lines from freezing. She recommended it be based on past usage.

Sampson moved, with a second by O’Regan authorizing Smith to adjust the bills based on past usage for those that had contacted the city to make us aware of the problem with a cap adjustment at $150.00 total between water and sewer. Nieken, Sampson, Johnson and O’Regan voted aye, none nay. The mayor declared the motion carried.

Smith asked for authorization to advertise for a part time Deputy Clerk’s position based on the duties that will be required of the applicants. The position will be a Pay Grade 6, minimum step and 28 hours per week. She noted that currently the Personnel Policy Manual requires the Clerk to live within 8 miles of the intersection of Birch St E and Hwy 10. Since it is desired that the Deputy Clerk will be trained to replace the City Clerk Treasurer upon retirement in 3.5 to 4 years, Smith asked that the current 8 mile requirement be noted in the advertisement for the Deputy Clerk.

Sampson moved, with a second by O’Regan authorizing the advertisement for a Deputy Clerk as presented by Smith. Nieken, Sampson, Johnson and O’Regan voted aye, none nay. The mayor declared the motion carried.

O’Regan moved, with a second by Johnson, approving a Clean Up Day Grant Agreement with Morrison County. Nieken, Sampson, Johnson and O’Regan voted aye, none nay. The mayor declared the motion carried.

Sampson moved, with a second by O’Regan, approving the Recycling Agreement Grant funding with Morrison County. Nieken, Sampson, Johnson and O’Regan voted aye, none nay. The mayor declared the motion carried.