City of Blue Earth s7

1 CITY OF BLUE EARTH 2 MINUTES 3 CITY COUNCIL MEETING 4 Monday, April 18, 2011 5:04 P.M. 5 6 CALL TO ORDER 7 8Mayor Hammond called the meeting to order at 5:00 P.M. 9 10 ROLL CALL 11 12All Councilmembers were present. Staff members present: City 13Administrator, City Attorney and City Engineer. 14 15 DETERMINATION OF A QUORUM 16 17Quorum present. 18 19 PLEDGE OF ALLEGIANCE 20 21Mayor Hammond led the pledge of allegiance. 22 23 MEETING OPEN TO THE PUBLIC 24 25Mayor Hammond noted that there was no one from the public present 26for comment at this time. 27 28 APPROVAL OF MINUTES 29 30Motion by Huisman, second by Aukes to approve the minutes from 31the Work Session and Council Meeting of Monday, April 4, 2010. 32The motion was approved unanimously. 33 34 LICENSES AND PERMITS 35 36Fairboard Temporary Beer License for the Fairbault County Fair 37July 19 through 23, 2011. Mayor Hammond recognized Joe Salisbury 38who was present to answer questions related to the beer license 39application. 40 41City Administrator Kathy Bailey reported that the Fairboard has 42provided the insurance and plans for control of the area that the 43beer will be sold. 44 45John Gartzke questioned if the beer will be cash bar or ticket. 46Joe explained that tickets will be used. Rick Scholtes questioned 47how late they will be serving. Joe explained the hours of 1 1 1operation will depend on the crowd and who is performing in the 2grandstand. Joe added they would not be serving past midnight. 3Rick questioned if the dates on the permit were correct. Joe 4responded that no they would like to have the permit from Tuesday, 5July 19th through Sunday July 24th as the grandstand show would run 6to closing the beer garden at 1:00 A.M. on Sunday. 7 8Motion by Scholtes, second by Gaylord approving the Fairboard’s 9application for a Temporary Beer License effective July 19 through 10July 24, 2011. The motion passed unanimously. 11 12 CORRESPONDENCE 13 141. Faribault County Commissioner’s Agenda 4-19-2011. 152. Faribault Co Communication Team Workshop Min 3-31-2011. 16 17There was no Council discussion related to the above presented 18correspondence. 19 20 PUBLIC HEARINGS 21 22There was no scheduled hearing at this time.- 23 24 REPORTS FROM STAFF 25 26City Attorney 27At this time Mayor Hammond recognized City Attorney David Frundt. 28David stated that Council reviewed Ordinance 11-03 at the last 29work session of April 4th. David noted that there were no other 30noted changes. 31 32Motion by Huisman, second by Gartzke to adopt Ordinance 11-03 an 33Ordinance amending subsection 1040.30 of the Blue Earth City Code 34regulating Wind Energy Conversion Systems. 35Roll call vote was taken: 36Councilmember Gaylord Aye 37Councilmember Huisman Aye 38Councilmember Scholtes Aye 39Councilmember Erichsrud Aye 40Councilmember Gartzke Aye 41Councilmember Aukes Aye 42Mayor Hammond Aye 43Ordinance 11-03 passed unanimously. 44 45City Engineer

1 2 1At this time Mayor Hammond recognized City Engineer Bill Sayre. 2Bill noted that a copy of the agreement for professional services 3for 10th Street and Galbraith Street has been provided. Bill 4reported that the engineering rates are the same as they were for 5the Fourth Street reconstruction project. Bill referenced the 6appendix that lists the duties for the construction project. 7 8Mayor Hammond expressed the importance to keep on task with the 9coordinating everything with United Hospital with regard to this 10project. 11 12Motion by Gaylord, second by Scholtes approving the Agreement 13with Bolton and Menk for Professional Engineering Service for the 1410th and Galbraith Street project. The motion passed unanimously. 15 16Linsey Warmka was present to give the Council and update for the 17Faribault County Redevelopment Corporation. Linsey reported that 18the City of Blue Earth HRA has hired them to administer their 19housing programs at a reduced cost due to our membership with 20FCDC. This program will address fixing and demolition of homes. 21In addition the program would assist a fund for footing tile 22correction. There will be 2 public meetings to get the 23information to those interested in the program. They are 24scheduled to be held at the Public Safety Center at 5:15 P.M. on 25Thursday, April 21st and Tuesday, April 26th. Linsey also updated 26the Council to the professional meetings she has been attending. 27 28 REPORTS FROM BOARDS AND COMMISSION 29 30A copy of the Library Newsletter for April 2011 was provided. 31 32Economic Development Authority Minutes 3-11-2011 were provided. 33 34Housing and Redevelopment Authority Minutes from 3-14-2011 and the 35minutes from the Special Meeting 4-1-2011 were provided. 36 37Board of Public Works Minutes from 3-14-2011 were provided. 38 39Board of Review is scheduled to meet on 5/4/11 @ 4:30 p.m. Mayor 40Hammond reminded the Council that we need to have a quorum at this 41meeting. 42 43 REPORTS FROM STANDING COMMITTEES OF THE COUNCIL 44 45The Highway 169/Main Street Subcommittee is scheduled to meet on 464/27/11 @ 4:00 p.m.

1 3 1 2Motion by Huisman, second by Gartzke to approve the reports of 3the Boards and Commissions as presented. The motion was approved 4unanimously. 5 6 CONSENT AGENDA 7 8None. 9 10 OLD BUSINESS 11 12None. 13 14 NEW BUSINESS 15 16LMC Tort Liability MN Statutes 466.04 Liability Coverage Waiver. 17City Administrator Kathy Bailey explained that this waiver 18includes the City, HRA, and EDA of which the City addresses this 19liability limit every year. The option to not waive the tort 20liability limits the liability coverage for a claimant to 21$500,000.00 per occurrence or a group claim to $1,500,000.00. 22This is the standard coverage for cities and does not require 23additional insurance coverage costs. If the City chose to waive 24the monetary limits, a claimant may be eligible for an unlimited 25amount of damages and the City would be either purchasing 26additional coverage or would be gambling that no claims were 27hirer than the amounts shown on the example that was provided the 28Council. 29 30City Attorney David Frundt said he has never seen anyone waive 31the Liability and added that the League of Minnesota gives 32recommendation to not waive the tort liability. 33 34Motion by Gartzke, second by Erichsrud not to waive the Tort 35Liability Limits for the City of Blue Earth, HRA and EDA. The 36motion passed unanimously. 37 38Work session Agenda. 39 40Councilmember Huisman asked that we continue to try and find 41someone from the LMC to speak to the Council about weaning off the 42LGA. Kathy noted that she has been trying to line someone up but 43they have been tied up with Loss Control Workshops. 44

1 4 1Councilmember Gartzke questioned when Hwy 169 reconstruction would 2begin. Kathy responded that it depends on the State funds 3available in 2012 or 2013. 4Councilmember Gartzke reported that there are no more tenants 5living in the trailer park and the demolition of the trailers is 6almost completed. 7 8Councilmember Erichsrud asked how the tornado testing turned out. 9Kathy responded that she has not had any feedback from the County 10and added that the new sirens are not in place as of yet. Kathy 11noted that they are waiting on the poles. 12 13 BILLS AND INVESTMENTS 14 15Motion by Gaylord, second by Huisman acknowledging the payment of 16bills and the receiving of financial reports. The motion was 17approved unanimously. 18 19 REPORT OF CITY ADMINISTRATOR 20 21City Administrator Kathy Bailey asked if there were any questions 22or comments to her report that was provided in the packet. 23Councilmembers offered no comments to the information provided. 24 25Kathy recognized Dave Classon and Mark Mensing who were present 26on behalf of the United Hospital building project and demolition 27of the old hospital. Kathy stated that Mark and Dave were going 28to bring these items to the Street Commission but due to no 29quorum for the Street Commission, she asked them to attend the 30City Council Meeting to explain their fence proposal. Mark and 31Dave stated that they wanted to protect the public as the old 32Hospital Building is being torn down. They also explained the 33truck traffic route during the demolition. 34 35Kathy reported that the trucks will come in empty from 7th Street 36and go south on Galbraith Street. They will then load behind the 37fenced area and continue south on Galbraith Street which is a 38street already in bad shape. The fence would protect the public 39during the demolition and loading. 40 41Dave and Mark explained that it will take about 3 weeks to get 42the temporary fencing installed. They noted that it is temporary 43fencing but will be chain link fence not the snow fence that we 44think of when discussing temporary. Once the old hospital is 45down the fencing will be moved back to allow Street construction. 46Mark Mensing reported that he has discussed the parking concerns

1 5 1with Dr Lee so he is aware of the plans. Dave Classon reported 2that they plan on dust control efforts during the demolition that 3will include a liquid application product to the roads and 4monitoring the speed of the trucks as they travel in and out of 5the construction zone. Councilmember Huisman questioned the 6hours of operation. Mark Mensing explained that they will begin 7at 7:00 am and work no later than 6:00 pm. 8 9Council discussion addressed limiting parking to one side of 10Galbraith during the construction project so that vehicular 11traffic passage is safer. 12 13 OTHER BUSINESS 14 15Kathy Bailey reported that the bid opening for 10th and Galbraith 16Street will be on Tuesday, April 19th at 10:00 am. Kathy added 17that there are over 40 sets of plans out for this project. 18 19 ADJOURNMENT 20 21Motion by Huisman, second by Gartzke to adjourn the meeting Mayor 22Hammond adjourned the Regular City Council Meeting at 5:47 P.M. 23The motion passed unanimously.