Page 1 of 6 Regular Meeting Minutes 8/15/2011

Sharon More

Montgomery City Council

Regular City Council Meeting

August 15, 2011

7:00 p.m.

CALL TO ORDER

Mayor Jean Keogh called the City Council meeting to order at 7:00 p.m. in the Montgomery City Council Chambers.

ROLL CALL

All Council members were present: Jean Keogh, Bonnie Sery-Malecha, Dave King, Tim Siebsen, and Bill Wencl . Also in attendance City staff: Steve Helget, Tim Warnemunde, Sharon More, John Schmidt, and Dan DeRudder. Others present: Jake Keohen of the Montgomery Messenger. Residents present: Dan Hardel, Chuck Way, Roman Malecha, LeNette Kuelper, and Steve Flicek.

PLEDGE OF ALLEGIENCE

ADOPT AGENDA

Helget requested that an Item be added to the agenda and an item be changed

(B.) Police Department (2.) Request for 5th Street and Mill Avenue

(J.) Public Works-Utilities Dept. (2.) Purchase Blower

Motion made by King to adopt the agenda with changes. Second by Sery-Malecha and carried unanimously.

PUBLIC FORUM

No one

CONSENT AGENDA

Motion made by Sery-Malecha to approve the Consent Agenda which consisted of the minutes from the August 1, 2011 Regular Council Meeting, the August bills, and the Departments Monthly Reports and dispense with the full readings of Ordinances No. No. 6-2011. Second by Wencl and carried unanimously.

PUBLIC HEARINGS AND PRESENTATIONS

REPORTS AND ACTION REQUESTS FROM DEPARTMENTS

ADMINISTRATION

1.  Reschedule September Council Meeting

Motion made by Siebsen to reschedule the September 5, 2011 regular meeting to September 6, 2011 at 7:00 P.M. Second by King and carried unanimously.

2.  Property & Liability Insurance Renewal

Steve Flicek of Flicek Insurance Agency provided an overview on the renewal for the City's property and liability insurance with the League of MN Cities. Flicek also answered Council members questions regarding current coverage and will provide Helget with additional historical information regarding workers compensation coverage that can be given to the Council at a later date. There was a question raised regarding coverage for the new flag project downtown and who is responsible for insurance coverage.

There was a consensus amongst the Council to direct Helget and Warnemunde to work on an agreement with Mobilize for flag insurance coverage and bring back to the Council.

3.  Street Closing Application

LaNette Kuelper of LaNette's Antiques requested a street closing one block along First Street from Elm Avenue to Ash Avenue for the purpose of holding a Flea & Farmers Market on Saturday, September 17, 2011, from 7:00 a.m. to 4:00 p.m. Vendors will set up on the sidewalk and may also utilize the parking stalls on the street.

Motion made by King to approve LaNette Kuelper's Street Closing Application. Second by Siebsen and carried unanimously.

4.  Off-Sale Liquor License Moratorium

Chuck Way owner of Wayside Liquor requested a moratorium for no off sale liquor establishments until the population reaches a minimum of 3,500.

Helget informed Council members that this request went before the EDA Board and following discussion they were not in favor as they felt it would take away from free enterprise in the community. Warnemunde reminded Council members that any limit to off-sale licenses would need to be done by Ordinance. Each Council member shared their own opinion on the request and overall they expressed appreciation for Way's business efforts and contributions to the Community.

Motion made by King to deny the request for an Off-Sale Liquor License Moratorium. Second by Sery-Malecha and carried (4) yes and (1) no.

5.  City Attorney Service Contract

Helget stated that the contract with Tim Warnemunde, City Attorney will expire on December 31, 2011 and the Finance Committee recommends going out for proposals. Discussion followed the Committee's recommendation that all Montgomery attorney firms be sent a letter inviting them to submit a proposal, as well as Christian, Keogh, Moran, & King Law Firm in Le Center; and to also advertise in the Montgomery Messenger and Le Center Leader.

Motion made by Siebsen to advertise for City Attorney services for both civil and criminal prosecution only in the Montgomery Messenger and LeCenter Leader, and to send letters to only Montgomery Attorneys. Second by Sery-Malecha and carried unanimously.

Helget stated that they do not have to go out for proposals and could just agree to renew the contract with Warnemunde. Additional discussion followed with regard to how frequently to request proposals, the proposals received last time and consideration to number of years (3 or 5) to renew current contract. There was concern expresses for the need to request proposals on a regular basis and to take time to review the contract.

Motion made by Siebsen to remove previous motion. Second by Sery-Malecha and carried (4) yes (Siebsen, Sery-Malecha, King, Wencl) and (1) no (Keogh.)

Motion made by Siebsen to extend current contract with Warnemunde for (3) additional years. Second by Sery-Malecha and carried (3) Yes (Siebsen, Sery-Malecha, King) (2) abstain (Keogh, Wencl.)

6.  Bicycling Around Minnesota Bike Tour

Renee Southworth of Mobilize Montgomery is requesting that 2 - 3 parking stalls in front of the Mobilize office be closed off to parking and reserved for a rest stop for the BAM bike tour riders on Thursday, August 18, 2011 from about 9:00 - 4:00 P.M.

Motion made by Siebsen to allow the closing of 2 - 3 parking stalls in front of the Mobilize Montgomery office from 6:00 a.m. - 4:00 p.m. on August 18, 2011. Second by Wencl and carried unanimously.

POICE DEPARTMENT

1.  Police Chief Monthly Report

Chief Schmidt distributed a department report of calls officers responded to for the Month of June 2011 and stated that everything is going well. Schmidt stated that the department's reduced level of staff for Kolacky Days worked out ok. Schmidt is also looking into school parking issues on Fir Avenue and parking congestion on 2nd Street. They will be working at the shooting range to remove and flatten extra dirt plus take care of some drainage issues. There are still someCapture TAC 10 software issues to work on.

Mayor Keogh asked Chief Schmidt to look into a report she received of a truck parked on boulevard by the school. She also asked what the City policy is for driving golf carts on City Streets.

Helget will look on the League of Minnesota Cities listserv if other City's allow golf carts to be driven on city streets.

2.  Added Item - Request for 5th Street and Mill Avenue

Request from Pat Filipek a concerned resident at 603 5th Street NE for the Council to place a blinking stop light or something at the intersection of 5th Street NE and Mill Avenue to bring attention to the problem of vehicles not seeing the stop sign and not stopping or even slowing down for the intersection.

Following Council discussion there was a consensus to place in a new stop sign, an add a stop ahead sign and trim any branches that are in front of the sign. Helget and DeRudder will also look into a couple of school crossing signs for the intersection.

Council also expresses a concern on Mill Avenue for pedestrian safety and especially concerned for children walking to and from school. Helget stated that there is no sidewalk in the area that extends from the intersection of 5th Street and Mill Avenue directly to the east. Council discussed removing parking space along the south side of Mill Avenue from 5th Street NE to 714 Mill Avenue and adding a pedestrian walkway.

Motion made by Siebsen to remove parking spaces on the south side of Mill Avenue from 5th Street NE to 714 Mill Avenue and designate it a pedestrian walkway. Second by King and carried unanimously.

Helget will notify property owners in the area of the change.

AMBULANCE SERVICE – Nothing

ECONOMIC DEVELOPMENT

1.  EDA Board Update

Dan Hardel, EDA Board Chairperson provided an update on the Board's activities highlighting the primary goals. They still have the carryover NSP and SCDP Grant projects. The Board is focusing on reaching out to existing businesses and seeing what can be done to fill vacant properties in the City. Their next meeting will be Thursday, August 18, 2011. They will be planning to visit with commercial business owners, and discuss build revolving loan funds and other partnership options.

FINANCIAL

1.  Schedule Budget Workshop Meeting

The Finance Committee recommends scheduling a 2012 Budget Workshop meeting for the week of August 22, 2011. There was a consensus to try and limit the meeting to only (3) hours.

Motion made by Siebsen to set a special City Council meeting for Tuesday, August 23, 2011 at 6:00 p.m. for the purpose of reviewing the preliminary 2012 Budget. Second by Wencl and carried unanimously.

FIRE DEPARTMENT - Nothing

LIBRARY – Nothing

PARKS & RECREATION – Nothing

PLANNING AND ZONING

1.  Ordinance No. 6-2011, Zoning Code Revision

Helget stated that Mayor Keogh's comments will be incorporated into the final version. Helget also wanted to thank the Planning and Zoning Commission expressing appreciation for the time and efforts of the members to the Zoning Code Revision.

Motion made by Siebsen to approve Ordinance No. 6-2011 as changed with Mayor Keogh's comments. Second by Wencl and carried unanimously.

Motion made by Siebsen to approve the summary of Ordinance No. 6-2011 and its publication. Second by Sery-Malecha and carried unanimously.

PUBLIC WORKS-UTILITIES DEPARTMENTS

1.  Public Works-Utilities Director Monthly Report

DeRudder provided department updates: Vic Braith has finished cleaning the County Ditch. Public Works crew will be jetting and flush hydrants. Wetland cleanup material has been taken out to Krocak's. Septic Station is doing real good and having it's best month for revenues. Waste Water Treatment Plant is good and he will be having plant serviced. It is time for a routine inspection of the Water Tower. DeRudder received a quote for $3,900 for a submersible pump.

2.  Public Utilities Commission - Deleted item Purchase Blower

3.  Street Overlaying Proposal

DeRudder proposed to contact for the street overlaying of three streets. Bituminous Materials, LLC was the low bid for overlay on 5th Street SW, Second Street, and Elm Avenue in the amount of $26,701.10. Council discussion followed and concern was expressed for the cost and what is budgeted for this year compared to the cost of waiting and not doing anything.

Motion made by King to approve the overlay and accept the proposal by Bituminous Materials, LLC. Second by Wencl and carried (4) Yes (Wencl, Sery-Malecha, King, and Keogh) (1) abstain (Siebsen)

OLD BUSINESS

A.  Second Street Project - Resolution 34-2011

Helget stated that financing proposals were requested from both CornerStone State Bank and Frandsen Bank & Trust. Corner Stone State Bank was the only one that submitted a proposal for the $250,000 2011B General Obligation Improvement Bonds. Resolution 34-2011 provides for the issuance of the $250,000 bonds and the pledging of special assessments and levying a tax for payment of the bonds. The bond sale closing date is scheduled for September 1, 2011.

Motion made by Sery-Malecha to approve awarding financing for the Second Street Project to CornerStone State Bank. Second by Siebsen and carried unanimously.

Motion made by Siebsen to approve Resolution 34-2011. Second by King and carried unanimously.

NEW BUSINESS

MISCELLANEOUS ITEMS AND INFORMATION

Next Regular Council meeting – September 6, 2011 at 7:00 p.m.

HRA meeting – Tuesday, August 16, 2011 at 5:30 p.m.

EDA meeting – Thursday, August 18, 2011 at 4:00 p.m.

MAYOR’S REPORT

Mayor Keogh inquired as to the status of the agreement for Veteran's Park. Helget stated that there will be a meeting tomorrow at 4:00 p.m. to discuss.

Keogh will be holding the next Chat with the Mayor session at Ace Hardware on Saturday, September 10, 2011 from 9 – 11 a.m.

ADJOURN

There being no further business, motion was made by Siebsen to adjourn the meeting. Seconded by Wencl and carried unanimously. The meeting was declared adjourned at 10:04 p.m.

Respectfully submitted,

Sharon More

Clerk – Treasurer