Regular Meeting Motley City Council

REGULAR MEETING - MOTLEY CITY COUNCIL MOTLEY MN August 12, 2008

Pursuant to due call and notice thereof, Mayor Alexander called the meeting to order at 7:00 p.m. with the following council members present: Steve Johnson, Rob Sampson, Nancy Nieken and Bruce Mills. The meeting took place at city hall.

The following persons were present for all or part of the meeting: Troy Davis; Brian Madison; Wayne Barros; Bruce Brotherton; Aric Welch; Mark Hallan; Duane Solga; Lydia Goodwater; Betty Starke; Charlie Brown; Tad Tureson; Jeff Jares and Dawn Timbs.

The pledge of allegiance to the flag was given.

Sampson moved, with a second by Johnson, approving the consent agenda as presented: A. Outstanding Bills - Claim # 4606 – 4647 Check # 25154 – 25197 Check # 12498 – 12511 B. Minutes of the Regular July 22, 2008 meeting C. Employee Leave Report Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.

Charlie Brown explained that he feels the city should pay for damage to the walls in his basement. He stated that the sewer comes into his basement every time the lift station doesn’t work. He also stated that his realtor has photos from when the property was listed and there is not any damage shown in those photos. Barros explained that when he received the call about the backup he checked the lift station and it was okay. He checked manhole 59-6 and it too was okay. The manhole was jetted and the city line was found to be okay. They ran a snake from Brown’s home and a plug was found at approximately 87 feet, still 30 feet short of the city main. The homeowner is responsible from their home to the main. Brown doesn’t believe that the lift station is working. Brown submitted his estimate for the repairs and the clerk will submit the information to the city’s insurance carrier.

Mark Hallan explained that there had been a meeting with Morey’s Seafood International and Trident Seafoods regarding the upcoming wastewater project. The meeting went well and Hallan requested a resolution allowing him to proceed with the renewal application for a revised NPDES permit. The cost for the revised permit will not exceed $2,500.00.

Alexander moved, with a second by Sampson, authorizing Widseth Smith Nolting to submit the NPDES permit application in September rather than December. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.

Hallan stated that he expects Mercury testing will be required in April and October. The numbers for the design will be presented in late September or early October.

Sampson moved, with a second by Alexander, approving a rezoning of Block 3 of the Original Plat of the City of Motley from C-2 to C-1 based on the following Findings of Fact:

of 7 Minutes of the regular August 12, 2008 Motley City Council meeting

1. The requested zoning map amendment has been initiated by the Planning Commission, reviewed by the Zoning Administrator, and properly noticed; 2. The requested zoning map amendment is not being issued indiscriminately, but is being requested in recognition of the present use and development of land in the area and surrounding it. Specifically, the land is located adjacent to other lands zoned C-1 and south of the existing rail lines, which could reasonably serve as a natural boundary line between the pedestrian-oriented and auto-oriented commercial zoning districts. The proposed ordinance change is not inconsistent with the City’s Comprehensive Plan, which does not contain any goal statements or maps that would discourage the zoning of Block Three to a pedestrian-oriented vs. an auto-oriented commercial zoning classification. Upon roll call vote Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.

Sampson moved, with a second by Johnson, approving an Ordinance amendment to modify uses in the C-1 zoning district, Section 5.5 of the City of Motley Land Use Ordinance based on the following Findings of Fact: 1. The requested zoning ordinance amendment has been initiated by the Planning Commission, reviewed by the Zoning Administrator, and properly noticed; 2. The requested zoning ordinance amendment is not being issued indiscriminately, but is being requested in recognition of the present development of land with principal structures and that uses accessory to those structures are reasonable and customary. 3. The proposed ordinance change is not inconsistent with the City’s Comprehensive Plan, which does not contain any goal statements or maps that would discourage the allowance of accessory structures. Upon roll call vote Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.

Alexander moved, with a second by Sampson, approving a Metes and Bounds Subdivision for Tad Tureson based on the following Findings of Fact: 1. The property is properly zoned, R-2, for residential uses. 2. Each parcel contains more than 2.5 acres of buildable area and is thus able to be put to a reasonable use without need for a variance. 3. Each parcel has enough area for a conforming sewage treatment system and at least one alternate site. 4. Each parcel exceeds the minimum lot width (50 feet) and area (2.5 acres) requirement. 5. Each parcel abuts public right of way, 67th Avenue, and is thus accessible. 6. There are no proposed improvements or required improvements with this subdivision. 7. There is no public dedication of land required. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.

Sampson moved, with a second by Alexander, to advertise for Planning and Zoning Commissioners. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.

The need for a replacement Building Official was discussed due to the desire of Dan Girtz to retire.

Sampson moved, with a second by Alexander, to do a Request for Proposal for a replacement Building Official. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.

Sampson moved, with a second by Mills, approving Ordinance #165, an interim ordinance establishing a moratorium on the installation, erection or construction of any new billboards or the alteration, modification or replacement of any existing billboards in all zoning districts. Upon roll call vote Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.

Discussion took place regarding the pros and cons of the city owning the water lines from the main to the curb stop. The water ordinance in the Minnesota Basic Code could be used as a base to work off of.

Johnson moved, with a second by Alexander, directing Barros that the ordinance should read that the city would be responsible for the line from the main to the curb stop and include all the legal language needed. The home owner will still be required to pay for the installation of the line. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.

Smith explained two ways for the city to foreclose on the loan given to the former owners of the ElRay property by the City of Motley. The city has mortgages on their personal homes and the choices are as follows: Foreclose by Advertisement  Choose one property.  Publish notice in newspaper for 6-8 weeks.  Go to the sheriff’s sale and place bid.  We would be buying interest in the property for the debt.  Ultimately, if the property is not worth our debt, our debt is not paid.

Foreclose by Action  We don’t have to pick and choose between the properties initially.  One lawsuit against all three (3) defendants and properties at once.  Get a decree of foreclosure and order for judgment.  Get personal judgments against the individuals for any deficiency.

One person has filed bankruptcy and did not list us as a debtor. They would be able to easily amend the petition to discharge the personal obligation to pay us. We still have a mortgage on the property owned by the bankruptcy. Bankruptcy does not affect mortgages. There doesn’t appear to be enough equity in the properties to cover our debt. There is a possibility that one can come close. We could get a personal judgment against the other two.

Alexander moved, with a second by Johnson, to advise Attorney Peter Vogel of our intent to Foreclose by Action. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.

Davis and Barros presented a plan to address the drainage problem on the corner of the building to avoid ice build up in the winter. It will involve putting a small catch basin in, running 4” PVC pipe along the sidewalk with 120 feet of heat tape not to $ 1,000.00. Davis reported that the rest of the sidewalk in that area needs to be repaired or replaced as well.

Alexander moved, with a second by Sampson, approving the project with the additional concrete at the same time. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.

The July 2008 Maintenance Report was reviewed with no questions or concerns.

A new part for the sickle mower will be approximately $700.00. Barros feels that the mower will be a sellable item if it remains in working condition. Used sickle mowers are hard to come by.

Alexander moved, with a second by Sampson, authorizing the purchase of the part for the sickle mower up to $ 700.00. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.

Barros informed the council that $3,600.00 remains in the budget for Class 5. This will cover approximately 5 blocks at 3-4 inches thick. Barros received two (2) quotes as follows: 1. Country Road Construction - $ 9.00/yd and $200.00 for blading to level 2. JL Lund Excavating - $ 9.50/yd dropped or $ 11.50/yd with their blade to level it.

Sampson moved, with a second by Johnson, approving the quote from Country Road Construction as presented and authorizing Alexander and Barros to distribute the Class 5 where needed. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.

Barros asked for a 10 x 10 concrete pad in front or behind the garage for storing extra cold patch.

Alexander moved, with a second by Sampson, approving the concrete pad up to $ 700.00. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.

Betty Starke and Bruce Mills stated that 4th Avenue is starting to look nice with no grading and the opinion was that it doesn’t look like it needs it.

Sampson stated that he would like to see the rock cleaned up in front of the fire hall and the hedges trimmed up. This will be addressed at the time the sidewalk is done.

Nieken asked if the water meters are checked on a periodic basis. Barros answered that only when there is a complaint or the billing system kicks it out as “in excess”.

Sampson moved, with a second by Alexander, to accept the resignation of Police Chief Gary Lambert with regrets and the best of luck. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.

Nieken asked if Motley could contract out for police services. Sampson suggested a committee to see what we want and what we expect from a Chief of Police.

Johnson moved, with a second by Mills, to appoint Officer Brian Madison as Chief of Police with a one (1) year probationary period. Discussion is listed below. Mills, Alexander and Johnson voted aye, Nieken voted nay and Sampson abstained. The mayor declared the motion carried.

Discussion on the above motion was as follows:  Johnson acknowledged that Madison has stuck with the city through all the turmoil. He believes Madison is ready and has proved himself.  Sampson questioned if the motion should be made that night or if another look should be given to the position.  Nieken described the motion as “too hasty”.  Mills stated that he and Madison have worked together for 10 months and described Madison as excellent to work with. He also acknowledged that Madison has been performing some chief’s duties already. He feels Madison would be successful and a good chief for the City of Motley.  Sampson expressed that he had no qualms about Madison as a police chief but asked – 1. Do we want to do this tonight? 2. What is it that we are looking for? 3. Where does Madison fit in? 4. Should we be evaluating not the person but the position?  Alexander stated that he feels Madison deserves it, should be given a chance and asked Madison how he felt.  Madison stated that he is more than willing to do it.  Mills stated he believes that this can be worked through and recommended that if anyone has suggestions and input that they be brought to the Police Liaison.  Congratulations were extended to Chief of Police Brian Madison.

Madison reported that Officer Amy Mattison had a drug bust. When asked if he thought the city needed two cars on Friday nights, Madison answered, “Definitely for Special Events.” Madison will continue the mileage report that was a directive given to Gary Lambert.

Sampson moved, with a second by Alexander, approving the 2008-2009 School Resource Officer Agreement with ISD #2170. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.

Sampson moved, with a second by Alexander, setting a committee as follows to review the needs of the police department, full time vs. part time officer, etc. and to place Madison at the minimum step of Grade 10. 1. Chief Madison 2. Steve Johnson 3. Konrad Alexander Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.

As a result of more complaints and review, Madison recommended at four (4) way stop at the intersection of 1st Ave S and Cedar St E. Mills reported that Lambert had spoken with MnDot about city wide 20 mph speed signs and he was told that MnDot would do a study and make a determination.

Alexander moved, with a second by Johnson, authorizing the installation of two additional stop signs at the intersection of 1st Ave and Cedar St, making it a four (4) way stop. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.

Discussion took place about putting the Crown Victoria in rotation to avoid going over the mileage limits on the lease agreement for the Charger.

Sampson moved, with a second by Alexander, directing Madison to bring back to the August 26, 2008 meeting, pricing for tires, correct rating, size and alignment pricing for the Ford Crown Victoria. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.

Smith will invite staff from Crisis Line and Referral Service to speak at a meeting of the city council.

Alexander moved, with a second by Sampson, approving Resolution 2008-9, a resolution setting a slate of judges for the September 9, 2008 Primary Election and the November 4, 2008 General Election. (A copy of the resolution is on file in the office of the City Clerk) Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.

Johnson moved, with a second by Alexander, to reschedule the September 9, 2008 regular meeting of the City Council to September 10, 2008 due to conflict with Primary Election. Mills, Nieken, Alexander, Johnson and Sampson voted aye, none nay. The mayor declared the motion carried.

The Budget Committee will meet on Saturday, August 16th at 8:00 am.

The Receptionist Hiring Committee will meet on Wednesday, August 13th at 4:30 pm.

Smith will contact Peter Vogel about the questions posed for the Personnel Policy Manual.

Barros will contact the property owner on Cleveland Ave requesting that the large hole in the yard be fixed.

Sampson asked for Requests for Additions or Deletions be placed at the beginning of the agenda. Alexander questioned whether it was needed. Mills stated that others use the line item on their agendas and it seems to work. The item will be added to the agenda directly after the Pledge of Allegiance on a trial basis.

Alexander moved, with a second by Sampson, to adjourn the meeting. The meeting was duly adjourned at 10:02 p.m.

Terri Smith Clerk Treasurer