REGULAR MEETING - MOTLEY CITY COUNCIL MOTLEY MN December 8, 2009

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

The following persons were present for all or part of the meeting: Lerton Zander, LP Sanitary; Lona Zander, LP Sanitary; Machel Marshal; Dave Greig; Brian Madison; Steve Johnson; Aric Welch, WSN; April Alexander; Greg Revering, WM; Allison Bender, WM; Birten Herman; Brad Brichacek, Bricks Travel Center; Dawn Timbs; Jon Alexander, Nig Boyz Truck & Tire; Kari Alexander, Big Boyz Truck & Tire; Bruce Brotherton; Joe Brichacek, Bricks Travel Center; Rod Enberg; Luther Nervig, Attorney; Wayne Barros; Tad Tureson; Denny Schneider, Villard Twp; Greg Scheler, Villard Twp and Rudy Bjerga, Sr., Villard Twp.

The Pledge of Allegiance to the flag was given.

Alexander moved, with a second by Solga, to approve the consent agenda as follows: 1. Claim # 5524 – 5559 2. Check # 26099 – 26119 3. Check # 12859 – 12881 4. Minutes of the Regular November 24, 2009 meeting 5. Employee Leave Report Nieken, Alexander, Solga, Mills and Sampson voted aye, none nay. The mayor declared the motion carried.

Nieken moved, with a second by Sampson, to approve Resolution # 2009-15, a resolution ordering the Beaulieu Street Area Project and designating WSN as the engineer to prepare the plans and specifications for the project. Upon roll call vote Nieken, Alexander, Solga, Mills and Sampson voted aye, none nay. The mayor declared the motion carried.

WSN will send the project to design and will bring back a proposal.

Charges incurred by the city for the lot split application involving American National Bank of Minnesota and Big Boyz Truck & Tire have exceeded the application fee. The amount chargeable to the applicant is $2,429.00. It is clearly stated on the application that the applicant will be responsible for the additional charges.

Solga moved, with a second by Mills, that if the lot split were to be permitted, the additional charges in the amount of $2,429.00 would need to be paid prior to the approval. Nieken, Alexander, Solga, Mills and Sampson voted aye, none nay. The mayor declared the motion carried.

The December 1, 2009 P & Z Council Report was tabled until 7:30 at which time representatives from Villard Township would arrive.

Page 1 of 5 Minutes of the regular December 8, 2009 Motley City Council meeting Lona Zander of Long Prairie Sanitary Service addressed the council with a new proposal for solid waste and recycling collection. The new proposal showed Long Prairie with an overall city savings of $4.32 per month over Waste Management.

Discussion took place that going with a smaller business would keep big business in check, lower rates are not always the best, need to look at the service and cost quality for the dollar.

Alexander moved, with a second by Nieken, to contract with Waste Management for solid waste and recycling collection service. Upon roll call vote Nieken, Alexander and Mills voted aye, Sampson and Solga voted nay. The mayor declared the motion carried.

A committee of Sampson, Jace Carlson, Barros, Solga and Birten Herman will meet on December 15, 2009 at 5:30 p.m. to discuss the purchase of tables and chairs for the meeting rooms at city hall. Machel Marshal will get information together from National Joint Powers Alliance for the purchase of the items. Mills was complimented on the tables that he had built for the city at no cost to the taxpayer.

Sealed bids were opened for the 1979 International Pumper Tanker. The bids were as follows: David Horn $ 444.00 Bjerga Feed Store $ 2,901.00 Joe Eischeid $ 2,300.00

Alexander wished to go back to the bid process, Solga was surprised they are as high as they are, Barros would like to have it for applying calcium chloride but the tank would be destroyed in a couple of years.

Alexander moved, with a second by Mills, to put out for bids again. Nieken, Alexander, Solga, Mills and Sampson voted aye, none nay. The mayor declared the motion carried.

Alexander moved, with a second by Sampson, to reject all bids presented and go through the bid process again with a minimum bid of $3,100.00 and a due date of March 9, 2010. Nieken, Alexander, Solga, Mills and Sampson voted aye, none nay. The mayor declared the motion carried.

The council went back to the P & Z Council Report. CGI is recommending that the city get a 33ft easement for roads and utilities for future residential projects. Dust control was also an issue. The entrance should be moved 150ft from corner pin for safety reasons. MnDot had desired a 300ft separation from Hwys 10/210 for safe operations. Villard Twp representatives stated that all their township roads are going to be 5 ton roads and Morrison Line Road (the road proposed to have the property entrance off) would need to be brought up to a 10 ton road. They suggested that the road is under the jurisdiction of Villard Twp and they would post signs so that truck traffic would not be allowed to use the road. Rod Enberg stated that when the road was built there was an additional 8-9 inches of class five added in anticipation of truck traffic for a certain portion but after that point the road would not withstand truck traffic. Luther Nervig stated that the lot split complies with the ordinance and all they want to do is have two owners instead of one.

Page 2 of 5 Minutes of the regular December 8, 2009 Motley City Council meeting Alexander moved, with a second by Sampson, to approve the Tract A & Tract B split with a 33ft public road and utility easement along the north boundary of the property (both Tracts A and B) and along the east boundary of Tract B. Upon roll call vote Alexander and Sampson voted aye, Mills, Nieken and Solga voted nay. The motion failed.

Solga moved, with a second by Mills, to approve the Tract A & B split with the following requirements:  The road must be moved 150 feet from the corner pin and paved within three (3) years of the approval.  Dust control must be implemented within one (1) year if there are complaints.  The property owner has the right to close the road rather than to comply.  A 33 foot public road and utility easement must be provided along the north boundary of the property (both Tracts A and B) and along the east boundary of Tract B.  There will be the option to appeal the road requirement in three (3) years. Upon roll call vote Nieken, Alexander, Solga and Mills voted aye, Sampson nay. The mayor declared the motion carried.

There is an application from Jon Alexander for a freestanding sign pending the lot split.

Solga moved, with a second by Alexander, to approve the freestanding sign application for Jon Alexander of Big Boyz Truck & Tire. Nieken, Alexander, Solga, Mills and Sampson voted aye, none nay. The mayor declared the motion carried.

The fire department presented a slate of officers for recommendation to the council as follows: Chief Dave Greig 1st Assistant Chief Bryan Hutchison 2nd Assistant Chief Steve Dille Secretary Todd Judd Safety Officers Tim Schneider, Kyle Frisk, Todd Judd Training Officers Jason Olson, Tim Schneider, Jace Carlson & Mike Zimmerman

Alexander moved, with a second by Nieken, approving the fire departments slate of officers as presented. Nieken, Alexander, Solga, Mills and Sampson voted aye, none nay. The mayor declared the motion carried.

Chief Greig asked the council for authorization to order jackets to present to 3 retired fire fighters, Troy Davis, Ron Stoltz and Mark Frisk. The employee recognition policy states that any employee that has been with the city for 20 years will be given a jacket. The jackets cost $130.00 per jacket.

Sampson moved, with a second by Alexander, approving the purchase of jackets for Davis, Frisk and Stoltz. Nieken, Alexander, Solga, Mills and Sampson voted aye, none nay. The mayor declared the motion carried.

Page 3 of 5 Minutes of the regular December 8, 2009 Motley City Council meeting Alexander moved, with a second by Sampson, to advertise for sealed bids on the old grass rig “as is”. Nieken, Alexander, Solga, Mills and Sampson voted aye, none nay. The mayor declared the motion carried.

A new slide-in unit for the newer grass rig would be approximately $10,000.00 however one can be made for approximately $1,500.00 by using pieces from the old truck.

Greig stated that there are approximately 14 keys for the fire department that can not be accounted for. There was an incident recently where a former fire department employee handed out a $10,000.00 piece of equipment without the chief’s knowledge. Key fobs were discussed and a committee was set up.

Solga moved, with a second by Alexander, setting a committee for key fobs as follows: Sampson Smith Grieg Madison Barros Alexander-Alternate Nieken, Alexander, Solga, Mills and Sampson voted aye, none nay. The mayor declared the motion carried.

The November police report was given and Mills requested that the number of hours spent at the school be added to the report.

There will be quotes from Cyrus Auto, Motley Muffler and Big Boyz Truck & Tire for repairs on the Crown Victoria. Tire and Auto Lodge recalled their quote that had been previously given.

The November maintenance report was given as well as informing the council that the camera and skid steer have arrived.

Mills moved, with a second by Sampson, choosing “Do Not Waive” on monetary limits on tort liability for city insurance. Nieken, Alexander, Solga, Mills and Sampson voted aye, none nay. The mayor declared the motion carried.

Nieken moved, with a second by Solga, approving Resolution #2009-16. A resolution accepting a donation of Christmas lights from the Motley Lions Club. Nieken, Alexander, Solga, Mills and Sampson voted aye, none nay. The mayor declared the motion carried.

Nieken moved, with a second by Alexander, approving Resolution #2009-17. A resolution authorizing financial transfers from First International Bank and Trust and the 4M Fund into Unity Bank checking for the Fire Fund. Nieken, Alexander, Solga, Mills and Sampson voted aye, none nay. The mayor declared the motion carried.

The regular meeting was recessed at 9:20 p.m. and the Public Hearing was called to order to hear comments from the public regarding the final levy and final budget for the year 2010. There was no public present wishing to speak regarding either item.

Page 4 of 5 Minutes of the regular December 8, 2009 Motley City Council meeting The Public Hearing was closed at 9:22 p.m. and the regular meeting was reconvened.

Nieken moved, with a second by Alexander, to approve Resolution #2009-18, a resolution adopting the final levy for 2010. Upon roll call vote Nieken, Alexander, Solga, Mills and Sampson voted aye, none nay. The mayor declared the motion carried.

Prior to the above vote, Mills expressed that he had concerns about continuing with two (2) full time police officers. It was stated that even if the final levy was passed it did not mean that the city had to continue with current police staffing. It can be revisited any time during the year.

Sampson moved, with a second by Nieken, approving Resolution #2009-18, a resolution adopting the 2010 Final Budget as presented. Upon roll call vote Nieken, Alexander, Solga, Mills and Sampson voted aye, none nay. The mayor declared the motion carried.

The regular meeting was recessed at 9:35 p.m. and the council moved into closed session for the purpose of employee evaluations.

The regular meeting was reconvened at 11:17 p.m.

Solga informed the council that he feels it is very important for council members to attend Planning and Zoning meetings because he does not feel that the council and P & Z are meshing. Alexander stated that he feels it is important to keep costs down for business’ to get them to come to town. Solga states that that the planning and zoning is based on what is best for the whole city not just one individual. Sampson stated that he knows what Solga is talking about because he has been with the city since the inception of the P & Z and we did not bend the ordinances. Nieken expressed disappointment that the city pays for professional help and then the council doesn’t listen to the advice they give. She questioned why we even have them then.

The December 22, 2009 meeting was cancelled due to the close proximity to the holidays.

Sampson moved, with a second by Alexander, to adjourn the meeting. The meeting was duly adjourned at 11:32 p.m.

Terri Smith Clerk Treasurer

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