blue earth city council regular council meeting agenda...

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BLUE EARTH CITY COUNCIL REGULAR COUNCIL MEETING AGENDA FOR MONDAY, APRIL 7, 2014 @ 5:00 P.M. COUNCIL CHAMBERS 1. Call To Order by the Mayor. 1.1 Roll Call. 1.2 Determination of a Quorum. 1.3 Pledge of Allegiance. 2. Meeting opened to the Public. 2.1 3. Approval of the Minutes. 3.1 Minutes from the Work Session and Council Meeting of Monday, March 17, 2014. 3.2 Minutes Special Council Meeting (closed session) Monday, March 24, 2014. 4. Licenses and Permits. 4.1 Raffle Permit Faribault County Food Drive. 4.2 Garbage Hauler’s License 5. Correspondence. 5.1 FCDC Newsletter 5.2 Save the date Faribault County Elected Officials Meeting 6. Public Hearings. 6.1 Local Board of Appeal hearing Wednesday, April 30 th at 4:30 P.M. 7. Reports from Staff Members. 7.1 City Attorney, Frundt & Johnson, Ltd. (Frundt & Johnson). a. Closed Session to Consult with Legal Council Concerning Todd Purvis 7.2 City Engineer, Bolton & Menk, Inc. (Brown). a. Engineering Addendum 1 for 2015 Main Street Project 7.3 Liquor report 8. Reports from Boards and Commissions. (See attachment in Committee report section). 8.1 Library Board Liaison (Huisman). Meeting 4-14-14, Min 2-10-14 8.2 Economic Development Authority Liaison (Scholtes & Huisman) Meeting 4-10-14 8.3 Housing and Redevelopment Authority Liaison (Scholtes). Meeting 4-14-14 8.3 Senior Center Board Liaison (Gaylord). Meeting 4-15-14 8.5 Faribault County Fitness Center Board Liaison (Erichsrud) Min 2-19-14.

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Page 1: BLUE EARTH CITY COUNCIL REGULAR COUNCIL MEETING AGENDA …becity.org/FileLib/4-7-14CouncilMeeting.pdf · BLUE EARTH CITY COUNCIL REGULAR COUNCIL MEETING AGENDA FOR MONDAY, ... Bailey

BLUE EARTH CITY COUNCIL REGULAR COUNCIL MEETING

AGENDA FOR MONDAY, APRIL 7, 2014 @ 5:00 P.M.

COUNCIL CHAMBERS 1. Call To Order by the Mayor. 1.1 Roll Call.

1.2 Determination of a Quorum. 1.3 Pledge of Allegiance. 2. Meeting opened to the Public. 2.1 3. Approval of the Minutes. 3.1 Minutes from the Work Session and Council Meeting of Monday, March 17, 2014. 3.2 Minutes Special Council Meeting (closed session) Monday, March 24, 2014. 4. Licenses and Permits. 4.1 Raffle Permit Faribault County Food Drive. 4.2 Garbage Hauler’s License 5. Correspondence. 5.1 FCDC Newsletter 5.2 Save the date Faribault County Elected Officials Meeting 6. Public Hearings. 6.1 Local Board of Appeal hearing Wednesday, April 30th at 4:30 P.M. 7. Reports from Staff Members. 7.1 City Attorney, Frundt & Johnson, Ltd. (Frundt & Johnson). a. Closed Session to Consult with Legal Council Concerning Todd Purvis 7.2 City Engineer, Bolton & Menk, Inc. (Brown). a. Engineering Addendum 1 for 2015 Main Street Project 7.3 Liquor report 8. Reports from Boards and Commissions. (See attachment in Committee report section). 8.1 Library Board Liaison (Huisman). Meeting 4-14-14, Min 2-10-14 8.2 Economic Development Authority Liaison (Scholtes & Huisman) Meeting 4-10-14

8.3 Housing and Redevelopment Authority Liaison (Scholtes). Meeting 4-14-14 8.3 Senior Center Board Liaison (Gaylord). Meeting 4-15-14 8.5 Faribault County Fitness Center Board Liaison (Erichsrud) Min 2-19-14.

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8.6 Board of Public Works Liaison (Gartzke). Min 2-10-14 Meeting 4-14-14 8.7 Other Boards and Commissions. 9. Reports from Standing Committees of the Council. 9.1 Main Street 2015 Committee (Huisman). Joint with Street Committee Meeting 4-16-14 9.2 Chamber Building Committee (Haase). Meeting 4-28-14 9.3 Street Improvement Subcommittee (Scholtes, Erichsrud). Meeting 4-16-14 10. Consent Agenda. 11. Old Business. 11.1 CBS Squared – Public Works Building 11.2 Mosquito Contract a. More Than Mowing Bid. b. Clark Environmental Bid. 11.3 Purchase Agreement Wetland 11.4 Senior Center Director Position 12. New Business. 12.1 Preliminary and Final Plat for North Industrial Park 12.2 Annexation 12.3 Airport Farmland Lease 12.4 First Quarter 2014 Donations 12.5 Ordinance 14-01 Brewer Malt Liquor Sales On & Off Sale 12.6 Resolution 14-04 Fee Schedule 12.7 Ordinance 14-02 Conveyance of property 12.8 Resolution 14-3 Surplus Property (PWD) 13. Transfer of Funds and Other Budgetary Matters. 14. Payment of Claims and Approval of Claims and Appropriations. 14.1 Consideration of payment of the bills 15. City Administrator's Report. (Kathy Bailey)

16. Adjournment. By Order of the Blue Earth City Council Kathy Bailey, City Administrator Post @ City Hall-Friday, Friday, April 4, 2014 through Monday, April 7, 2014 Distribute to Mayor & Councilmembers-Media & file

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CITY OF BLUE EARTH 1 MINUTES 2

CITY COUNCIL WORKSESSION 3 MONDAY, MARCH 17, 2014 @ 4:30 P.M. 4

Call to order. 5 Mayor Scholtes called the meeting to order at 4:30 P.M. 6 7 Roll call. 8 Mayor Scholtes noted that Councilmembers Gaylord, Huisman, Brod, Erichsrud, Gartzke and 9 Haase were present. Staff present: City Administrator Kathy Bailey, City Attorney David 10 Frundt, City Engineer Wes Brown and Fire Chief Roger Davis. 11 12 Others present: Fireman Ryan McGuire, Rich Walter from Mosquito Control of Iowa. 13 14 Old Business. 15 At this time Mayor Scholtes addressed the request for mosquito control bids. 16 17 City Administrator Kathy Bailey noted that everyone had a copy of the Mosquito Control 18 Services Ad and the RFP for Mosquito Control Services. Bailey explained that she placed the 19 following add for 2 weeks with proposals due Friday March 21st. 20 21

The City of Blue Earth is requesting proposals for mosquito abatement services for the 22 2014 season. The proposals should be on a per application basis and requires pesticide 23 to be used, application method, equipment list, and applicator’s license. Each vendor 24 will be required to meet with Council for description of services. Proof of insurance 25 will be required of accepted proposal. Proposals must be received at City Hall, 125 W. 26 6th Street, PO Box 38, Blue Earth, MN. 56013 until March 21, 2014. 27

28 Brod said that in the past the city did a year at a time. Brod asked why we are doing the biding 29 different. Bailey explained that she took the information from when Ben Martig was 30 administrator and made changes to that request. The RFP talks about the bids are good 31 through December. Brod asked if it is contracted for the season. Bailey explained that the 32 bids are held firm until December 31, 2014. Bailey added that past few years have been very 33 dry and once the farmers start spraying for the aphids the mosquitoes are pretty much gone by 34 the first of August. 35 36 Bailey explained that she will be attending a mosquito control meeting on Tuesday, March 18th 37 in Willmar Minnesota to learn about how to set up mosquito control and get information on 38 any new technology. 39 40 Gartzke asked what it would cost for the city owning their own equipment and doing the 41 mosquito control. Brod noted that the licensing is very complicated. Holland checked into 42 equipment for his own farm use and found that a pickup mount sprayer was about $24,000.00. 43 Holland added that licensing, insurance and bonding can be expensive and someone would be 44 required to have a commercial pesticide license. 45 46 Rich Walter from Mosquito Control of Iowa spoke about the difficulty in our bidding 47 requirements and presented a memo for mosquito control (see attachment “A”). 48 49

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Huisman questioned why the method has changed. Bailey explained that this is the process 1 that has been used since she came in 2008. Huisman was adamant that Bailey check the 2 address for Mosquito Control of Iowa. Huisman went on to say that last year he received 3 many complaints about the mosquito control treatment not being effective and said that the 4 citizens want an effective job done. Bailey noted that City Hall received compliments for the 5 mosquito control. 6 7 Mayor Scholtes noted that last year’s mosquito control application did not have the fogging 8 but the application given was just as effective. The public seems to like to see the fogging 9 because they are under the impression that they are getting better coverage. Scholtes asked 10 that each of the bidders need to submit their application process and let the city decide what 11 the best program is for Blue Earth. Huisman said that Council would not necessarily go with 12 the lowest bidder. Erichsrud like the option of aerial spraying. Walters will put together a bid 13 option that will best meet Blue Earth’s needs. Scholtes concluded that all of the bidders will 14 be invited to the Council Meeting for a question and answering opportunity. 15 16 New Business. 17 At this time Mayor Scholtes addressed the request from Fire Department to install new 18 walkway door. 19 20 Fire Chief Roger Davis and Fireman Ryan McGuire were present to answer any questions 21 from the Council. 22 23 Bailey provided information from United Builders Proposal for new door project and copy of 24 building plans to understand where this door would be located. The request, has two pieces to 25 it. The first is seeking permission to alter the building by adding an additional pass through 26 from the meeting room, through the Department meeting room to the Fire Garage floor space 27 to assist in serving food at Relief Association Fund raising. 28 29 The second is to seek the pledge of Liquor Store funds of $2,054.00 to pay for this 30 construction. The Liquor Store Cash is at $391,745.00 half year budgeted expenditures is 31 $150,000.00. Council 2014 Budget transfers $8,000.00 from the Liquor Store cash to the 32 General Fund. As of the 2012 Relief Associations audit, the cash balance is $26,749.00. This 33 is above the Pension Trust fund. 34 35 Bailey reminded Council that the Fire Department Relief Association is an entity that raises 36 and invests funds for the firemen’s pension to match funds given by the State and the City. 37 This is the only group associated of members of a City staff that have been given by the 38 legislature the authority to fund raise for their interests. 39 40 Davis explained that the door was discussed in the original plans of the building but was never 41 included in the final building. McGuire reported that the Firemen are doing a fundraiser in 42 April for Child Abuse Prevention so it would be nice to have the door access to the kitchen 43 area by then. Bailey asked if there will be a way to restrict the public from entering those 44 doors. Davis explained that the door will be secured with the master key. Scholtes asked if 45 they were going to spend the extra $78.00 to have the door match the other doors. Davis said 46 that they would and added that they are concerned that there might be extra cost for electrical 47 wires but they will not know that until they open up the area to install the door. Gaylord asked 48 that Council vote on the door during regular session tonight. 49

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1 Adjourn. 2 Having no other business Mayor Scholtes adjourned the Work Session at 4:58 P.M. 3

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CITY OF BLUE EARTH 1 MINUTES 2

CITY COUNCIL MEETING 3 Monday, March 17, 2014 5:00 P.M. 4

5 CALL TO ORDER 6

7 Mayor Scholtes called the meeting to order at 5:00 P.M. 8 9

ROLL CALL 10 11

Mayor Scholtes noted that Councilmembers Gaylord, Huisman, 12 Erichsrud, Gartzke and Haase were present. Councilmember Brod 13 arrived at 5:05 P.M. Staff members present: City Administrator 14 Kathy Bailey, City Attorney David Frundt, City Engineer, Police 15 Chief Tom Fletcher, Public Works Supervisor Jamie Holland and 16 Officer Todd Purvis. 17 18

DETERMINATION OF A QUORUM 19 20

Quorum present. 21 22

PLEDGE OF ALLEGIANCE 23 24

Mayor Scholtes led the pledge of allegiance. 25 26 Mayor Scholtes addressed a few changes to the agenda as follows: 27 28 Reports from Staff members. 29

1. Closed Session. 30 a. Complaint of a Public Works Employee. 31 b. Internal investigation of Police Officer. 32

Old Business. 33 1. Mosquito Control. 34

New Business. 35 1. Wetland Contract. 36 2. Public Safety Center New Door. 37

38 Motion by Gaylord, second by Erichsrud to approve the agenda 39 changes. The motion passed unanimously. 40

41 MEETING OPEN TO THE PUBLIC 42

43 Public Present: Deb Johnson, Roger Malwitz arrived at 6:05 P.M. 44 45 There was no discussion offered at this time. 46

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1 At this time Mayor Scholtes addressed the Mayoral Appointments. 2 Scholtes reported that this would be for the Joint City/School 3 Recreation Committee that has Councilmembers Huisman and Brod 4 representing the City and Kathy Bailey as Staff member. The 5 Mayoral appointments from the School include Rob Norman, Al 6 Geiser and Jessie Haugh. 7 8 Motion by Councilmember Huisman, second by Councilmember Gaylord 9 approving the appointments of Rob Norman, Al Geiser and Jessie 10 Haugh to the Joint City/School Recreation Committee. The motion 11 passed unanimously. 12 13

APPROVAL OF MINUTES 14 15

Motion by Huisman, second by Gaylord approving the minutes from 16 the Special Council Meeting of Monday, February 24, 2014, the 17 minutes from the Regular Council Meeting of Monday, March 3, 2014 18 and the Special Council meeting of Monday, March 10,2014. The 19 motion passed unanimously. 20

21 LICENSES AND PERMITS 22

23 Licenses with the City of Blue Earth effective April 15, 2014 to 24 April 15, 2015. 25 26 Club Licenses $128.00 each 27 American Legion Post 89 28 Beer Licenses $125 each 29 Pizza Hut 30 China Restaurant 31 Liquor Licenses $1,859 each 32 Double Play 33 Hamilton’s 34 Wine Licenses $200 each 35 China Restaurant 36 Tobacco Licenses $128 each 37 Wal-Mart 38 Kwik Trip 39 Blue Earth Auto and Truck Stop 40 Juba’s 41 Shell Food Mart 42 Dollar General 43 Sunday Liquor Licenses $200 each 44 Double Play 45 Hamilton’s 46

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China Restaurant 1 Garbage/Recycling Licenses $118 each 2 B&B Sanitation 3 Waste Management Systems Garbage 4 Waste Management Systems Recycling 5 Thompson Sanitation 6 Hometown Sanitation Services 7 Hansen Sanitation, Inc. 8 Peterson Refuse and Demo 9 10 Motion by Gartzke, second by Erichsrud approving the 2014 annual 11 license renewal as presented. 12

Discussion included the question from Councilmember Huisman 13 if the sale e-cigarettes would be included with the 14 cigarette licensing. Bailey reported that there is no 15 licensing for that and the Legislation has been looking into 16 State wide regulations regarding them. 17

The motion passed unanimously. 18 19

CORRESPONDENCE 20 21 Chamber News Letter. 22

23 PUBLIC HEARINGS 24

25 None. 26 27

REPORTS FROM STAFF 28 29 City Attorney David Frundt had no report other than the closed 30 session at the end of the meeting. 31 32 City Engineer Wes Brown reported that there would be bid opening 33 for 2nd Street project that is scheduled for April 16th. The 34 recommendation for the bids will come before the Council on 35 Monday, April 21st for consideration. 36 37 Liquor Report 38 January 2014 $100,057 January 2013 $97,832 39 Up in January 2014 $ 2,225 40 41 February 2014 $97,242 February 2013 $102,082 42 Down in February 2014 $ 4,840 43 44

REPORTS FROM BOARDS AND COMMISSION 45 46

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Minutes were provided from the Economic Development Authority 1 Meeting of 2-6-14. 2 3 Minutes were provided from the Housing and Redevelopment Authority 4 Meeting of 2-10-14. 5 6 Senior Center Board is scheduled to meet on 3/18/14. 7 8 Minutes were provided from the Joint Fire Service Advisory Board 9 Meeting of 1-23-14. 10 11

REPORTS FROM STANDING COMMITTEES OF THE COUNCIL 12 13 Minutes were provided from the Main Street 2015 Committee public 14 input meeting of 2-19-14. 15 16 Gartzke asked for an update on the EDA Authority loan to Coxworth. 17 Bailey noted that he is behind in his payment. 18 19 Motion by Gaylord, second by Huisman approving the reports of the 20 Boards and Commissions as presented. The motion was approved 21 unanimously. 22 23

CONSENT AGENDA 24 25 None. 26 27

OLD BUSINESS 28 29 Attached are the Joint Animal Impound Facilities and Services 30 Agreement forwarded by the forming committee. 31 City Administrator Kathy Bailey noted the following Information; 32 33 Key points: 34

• Participating Entities; Faribault County Sheriff’s Office, 35 City of Delevan, City of Elmore, City of Winnebago, and the 36 City of Blue Earth. The County, Delevan and Elmore are 37 already committed. Winnebago has had its first reading and 38 plan to pass at their April meeting. 39 40

Bailey reported that the County, City of Delavan and the City of 41 Elmore have all committed and approved the document. Winnebago 42 has had first reading and they plan to approve the agreement at 43 their next regular meeting. 44 45

• Each entity will have one representative on the board. 46

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• Entities will share in operations of the impounding of 1 animals and other services (such as collection). The group 2 will initially rent the Blue Earth pound for $1.00. 3

• Costs will be split based on population of the entities 4 population. (Budget will be determined by the Board.) 5

• Agreement commits one year at a time and includes a 6 month 6 notice by May 1st of each year if an entity wishes to 7 withdraw from the agreement. 8

• Additional parties may join later, but there may be a fee to 9 cover a portion of not contributed capital from that entity 10 if there is any. 11 12

Bailey explained that an entity such as the City of Kiester who 13 is covered by the Sheriff’s Department is participating and then 14 becomes a member on its own standing. Through the Sheriff’s 15 Department they would have contributed to any assets that the 16 group would buy. However, communities such as the City of Wells 17 or Minnesota Lake who are not covered by the Sheriff’s contract 18 and at this time are not opting to join us, they would need to 19 contribute to any of the assets purchased by the group. Gaylord 20 asked if the County Sheriff is the same as the County 21 Commissioners. Bailey explained that the County Sheriff has 22 their own budget. 23 24 Gartzke asked how often this board will meet. Bailey noted that 25 the board will meet at least 2 times a year but ultimately is up 26 to the board. Scholtes explained that the Board knows that there 27 is a lot of work to be done in the beginning and they will 28 address the work accordingly. The Board will set up their own by 29 laws. Huisman asked how the City of Blue Earth selects members 30 to this board. Scholtes will appoint members that will be a 31 first person and an alternate. Scholtes informed the Council 32 that the members have to be an elected official or a City 33 employee. The hiring of an animal control officer will be up to 34 this board. Huisman expressed the need for structure and wanted 35 it on record that he thought that he felt that the general 36 consensus is to continuing to work with the humane society and 37 that this message will be taken to the board to strive to 38 continue working with the Humane Society. 39 40 Frundt added that the population will be reviewed each year and 41 is determined by Region 9 data. 42 43 Motion by Gaylord, second by Gartzke approving the Joint Animal 44 Agreement as presented. The motion passed unanimously. 45 46

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Scholtes reported that his appointment to the Joint Animal Board 1 will be Police Chief Tom Fletcher and back up will be City 2 Administrator Kathy Bailey. Bailey will be serving every meeting 3 as Staff on behalf of the City. Huisman asked if Bailey is a 4 permanent member or temporary staff member. Bailey said that she 5 is assuming that it will be permanent but the board would have to 6 make a request back to the Council. Frundt explained that this 7 is set until the board can meet and decide what they want for 8 staff. Huisman asked that the Council receive timely reports 9 from this board. 10 11 Motion by Gaylord, second by Huisman approving Police Chief Tom 12 Fletcher as the first representative and City Administrator Kathy 13 Bailey as alternate to the Joint Animal Control Board. The 14 motion passed unanimously. 15 16 At this time Mayor Scholtes recognized Public Works Supervisor 17 Jamie Holland with regard to the Public Works Building Update. 18 19 Bailey explained that she and Holland will both be walking 20 through the plans and rough costs for the proposed Public Works 21 building. Holland reported that back in August Council agreed to 22 work with CBS Squared. Council wanted to use an architect ran 23 designed, bid, and construct process. The thought was that the 24 City would gain knowledge of OSHA requirements for the building 25 that other communities found necessary and required for 26 operations. The cost of that was to be $55,435.00. 27 28 Holland explained that the bidding requirement was to have the 29 architect visit the proposed site of the new shop. Holland added 30 that there are several buildings involved in the project that 31 included a wash bay area. Holland explained that CSB was on site 32 several times and they were told we wanted a bare bones building 33 with the ability to work on large pieces of equipment. They told 34 us that a 50 X 100 building would not cost much more than a 50 X 35 80 building. The initial project budget was $400,000.00 to 36 $600,000.00 with a $600,000.00 maximum amount targeted. Holland 37 reported that CSB Squared came in with an amount in the 7 figure 38 range. 39 40 Holland said that he was not comfortable with the numbers and is 41 asking the Council to break the contract with CSB and go back to 42 the design build proposal option. Bailey explained that there are 43 2 options. If the City continues with the current architect 44 there is a little over $50,000.00 commitment. We move forward 45 and get the bids to see if they come in lower than estimate. The 46

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other option would be to give the architect a 7 day notice and 1 pay them whatever they feel they have invested. Bailey explained 2 that to eliminate any of the work would be difficult. However, 3 the exterior work to the old liquor store building could be 4 eliminated because that part is more cosmetic. The interior work 5 could also be eliminated to a certain extent. The storage 6 building would need the concrete floor removed and added water to 7 the building in order to have a wash bay area. Jamie noted that 8 the architect did bring up a number of important things that had 9 not been considered. 10 11 Holland reported that the old liquor store building needs a roof 12 which brings up some of the costs for that building. The parking 13 lot paving could be done at a later date. Bailey explained that 14 both sets of buildings did include new heating which was a 15 duplication. 16 17 Gartzke suggested that the bid for the old liquor store remodel 18 be taken from the plan and bid it separately. 19 20 Brod asked if there were any blue prints for the project and 21 Holland said that there were no blue prints. CBS wanted to find 22 out where we were going with the project before putting any more 23 into it other than what has been provided in the packet. Bailey 24 explained that once we give a 7 day notice, CBS would then 25 calculate how much time they have committed to the project. Brod 26 asked if we use a design and build process would the city find 27 someone to design the building for us. Bailey reported that it 28 would be like we did for the Fitness Center when the contractor 29 would hire the plans. 30 31 Gaylord questioned if it would help to contact CSB and have them 32 reconfigure. Holland noted that CBS had indicated that they 33 stand by their numbers. Gaylord said that he thought the City 34 needed to go back to the architect and tell them that we need the 35 numbers reworked. If they are not able to do that then we will 36 go somewhere else. Huisman agreed that CBS should be contacted 37 one more time letting them know that Council has discussed their 38 concerns and there is no way the building can go forward with the 39 amount of money proposed. Huisman asked that CBS be made aware 40 that we want the numbers more in line. Holland will do whatever 41 Council wants. Scholtes asked that CSB be made aware that we are 42 the City of Blue Earth not Blue Earth County as it states on the 43 bid. Holland wanted to have all the information for the next 44 Council meeting of April 7th. 45 46

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At this time Mayor Scholtes addressed the Township Fire Service 1 Contracts. Everyone received a copy of the sample contract 2 3 Bailey reported that she met with Fire Chief Davis, Fire Officer 4 Rosenau, and Councilmember Erichsrud on several occasions to 5 discuss and develop a cost sharing between the department and the 6 Townships we serve. Bailey wanted to come to an agreement that 7 was fair, was understandable, covered the equipment costs and 8 committed the members to several budget years. 9 10 Bailey reported that the Joint Fire Service Advisory Board met on 11 March 4th with the townships. The townships had met 12 independently, but had no plan to present at the meeting. Bailey 13 reviewed 8 communities’ budget formulas. None were simple; few 14 contained equipment in the formula and most had some basis 15 relating back to property values. The proposed agreement was for 16 three years (2015-2017); it seeks to divide the costs of the 17 department operations and equipment in a more balanced, but 18 affordable manner between the City, townships and Elmore. The 19 cost per section for each township went from $190.00 to $212.00. 20 At this time, three of the five townships have returned their 21 agreements. 22 23 Bailey explained the proposed budget for the Fire Department that 24 included the Township contribution (see Attachment “A”). 25 26 Motion by Huisman, second by Erichsrud approving the Township 27 Fire Contracts for 2015 through 2017 at $212.00 per section as 28 presented. The motion passed unanimously. 29 30 At this time Mayor Scholtes addressed the Mosquito Control. 31 Scholtes expressed concern over going outside of what we have 32 published as had been discussed in the Work Session. Scholtes 33 wanted to see the bids first. Gartzke suggested waiting until 34 Bailey has attended the Mosquito conference in Willmar and added 35 that she might find information that would be beneficial to 36 Council making a decision. Gartzke wanted to look at the City 37 purchasing our own equipment and doing our own mosquito control. 38 Scholtes placed action at the April 7th Council meeting. Scholtes 39 added that anyone submitting a proposal will be invited to that 40 meeting. 41 42

NEW BUSINESS 43 44 At this time Mayor Scholtes addressed the Waste Water Rates for 45 2014. Bailey reported that the rate studies have been conducted 46

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for a number of years. There are operating expenses and non-1 operating expenses. Bailey noted that for several years council 2 has had a goal of targeting rate increases not to exceed 3% 3 growth rate but to meet the needs of our projects past and 4 future. 5 6 Bailey presented information regarding past and future projects, 7 and costs that are involved in those projects. Bailey reported 8 that a grinder, sludge pump and boiler has been added to the 9 projects in the amount of $435,000.00. Bailey went on to explain 10 that waste water fees are collected on monthly basis therefore 11 the fund continues to grow. Holland has been looking at the 12 above discussed project for several years. Holland reported that 13 the primary sludge pumps were installed in 1983-84 project and 14 was proposed to have a 20 year life span. The technology is 15 obsolete and parts are not available therefore they need to be 16 replaced. The next issue within the plant is that the material 17 is not able to get through so grinders need to be installed. The 18 project done in 2008 and 2009 with the sludge storage tanks has a 19 deficiency with being short a pump. In order for the system to 20 work better we need another pump and boiler. Holland noted that 21 it takes a special boiler to deal with methane gas. Holland is 22 asking to replace it with a new technology pump and boiler. The 23 funds to pay for the above discussed items was taken from 1 24 year’s cash that gets replenished by the Waste Water Fund. 25 Bailey explained that another way to pay for the project is to do 26 a 5 year bond instead of a 15 year bond. Brod asked how much the 27 bonding would cost. Bailey explained that there will be a number 28 of items to finance at one time that will include the Fitness 29 Center, Industrial Park expansion so the cost will be blended. 30 Scholtes reported that at 3% interest the cost would be 31 $35,000.00 on the interest alone. 32 33 City Engineer Wes Brown noted that Holland should get a list of 34 equipment and detail the cost for each piece so we will know the 35 risk of cost for equipment that could fail. 36 37 Motion by Gartzke, second by Gaylord to bond $435,000.00 for 5 38 years and combine with other bond projects for this summer. 39 40 After a brief discussion concerning the list of equipment prices 41 and possible other funding options Gartzke and Gaylord withdrew 42 their vote. Scholtes tabled it until further information is 43 obtained. 44 45

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Motion by Gartzke, second by Gaylord to proceed with the project 1 at the Waste Water Plant in the amount of $435,000.00. The 2 motion passed unanimously. 3 4 At this time Mayor Scholtes addressed Resolution 14-02. Bailey 5 reported that the flat rate would increase at a 3% rate as 6 follows: 7

8 RESOLUTION NO. 14-02 9

RESOLUTION SETTING SEWER SERVICE RATES 10 IN THE CITY OF BLUE EARTH 11

12 WHEREAS, the City Council desires to set Sewer Service Rates pursuant to Section 720 of the 13 City Code: 14 15 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BLUE EARTH, 16 MINNESOTA that the following Sewer Service Rates shall apply: 17 18

SEWER SERVICE RATES 19 Wastewater Residential monthly flat rate 20

$16.79 21 Wastewater Residential usage rate 22 $5.02 23 (Per thousand gallons of water usage) 24 Wastewater Commercial monthly flat rate 25 $21.18 26 Wastewater Commercial usage rate 27 $6.15 28 (Per thousand gallons of water usage) 29

Residential Sewer Usage Calculation for Property at 801 North East Street 30 (private well so no water meter) 6,080 gallons/month 31 a. Usage Calculation: 200 gallons of water per day (national 32 average is 100 gallons per day per person x 2 persons). 33 b. Multiply 200 gallons per day by 30-days per month equals 34 6,080 gallons per month. 35 36

Motion by Brod, second by Gaylord approving Resolution 14-02 as 37 presented. The motion passed unanimously. 38 39 At this time Mayor Scholtes addressed the Brew Pub Liquor License 40 Fees. Bailey reported that she is waiting on more information 41 from the State. Scholtes placed the Brew Pub Liquor License on 42 the April 7th Council agenda. 43 44 Scholtes asked for agenda items for the Work Session on April 7th. 45

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11

1. 2014 and 2015 Bonding Discussion; Under Construction, 1 Current and Future Projected Projects. 2

2. Wetland purchase agreement. 3 4 At this time Mayor Scholtes addressed the Fire Department door 5 request as discussed during the Work Session. 6 7 Motion by Huisman, second by Gaylord approving the request for a 8 new door at the Public Safety Center. 9 10

Bailey explained that the request is a 2 part request. The 11 first part was if they could install a door and the second 12 part to use liquor funds or is the Fire Department to use 13 their own funds. 14 15

Huisman and Gaylord agreed that they should put in the door and 16 use liquor funds to pay for the project. 17 The motion passed unanimously. 18 19

BILLS AND INVESTMENTS 20 21

Motion by Brod, second by Erichsrud to acknowledge the receipt of 22 the financials and the payment of bills. The motion was approved 23 unanimously. 24

25 REPORT OF CITY ADMINISTRATOR 26

27 City Administrator Kathy Bailey (See Attachment “B”). 28 29

OTHER BUSINESS 30 31 Time being 5:35 P.M., Mayor Scholtes called for a 5 minute break 32 before entering into closed session. 33 34 Mayor Scholtes reconvened the meeting at 6:40 P.M. 35 36 Motion by Gaylord, second by Huisman to enter into closed session 37 at 6:40 P.M. The motion passed unanimously. 38 39 The first discussion regarding a Public Works employee ended at 40 6:55 P.M. An investigation will be conducted. 41 42 The second discussion regarding the investigation of a Police 43 Officer began at 6:56 P.M. and concluded at 7:50 P.M. 44 45

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Motion by Gaylord, second by Huisman to enter back into the 1 Regular Council Meeting. The motion passed unanimously. 2 3 Mayor Scholtes opened the Regular Council Meeting at 7:52 P.M. 4 5 Motion by Huisman, second by Gaylord to complete the Police 6 Officer investigation on Monday, March 24, 2014 at 5:00 P.M. The 7 motion passed unanimously. 8 9

ADJOURNMENT 10 11

Motion by Huisman, second by Gaylord to adjourn the Council 12 Meeting. Mayor Scholtes adjourned the Regular City Council 13 Meeting at 7:54 P.M. 14

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Advisory Board Thoughts 3/4/142011 2012 2013 2014

Fire Dept. Expenditures 210,446.00 1,061,587.00 301,573.00 234,205.00 Capital Purchases - (862,347.00) (64,730.00) (55,250.00)

210,446.00 199,240.00 236,843.00 178,955.00

State Revenue Training - 3,837.00 18,396.00 4,000.00 Relief Assoc. 17,397.00 20,488.00 27,712.00 27,712.00

17,397.00 24,325.00 46,108.00 31,712.00

Expenditures minus State Revenue 193,049.00 174,915.00 190,735.00 147,243.00

Average Cost 176,485.50 33,440.00 Average CIP Cost 23/1,538,250 66,880.00 Split 50/30/20 20,064.00 Total Cost 243,365.50 13,376.00

% of CostTownship Revenue 2015 24,634.40 ($212 per sec.) 10.12%Elmore Avg 9,750.00 4.01% 16,250.00 6.68%Call Revenue Avg 23,408.00 9.62%City Cost Avg 185,573.10 76.25% 73.58%

TownshipSections Covered 2014 $190.00

Jo Daviess 36.00 $6,840.00Blue Earth 32.70 $6,213.00Pilot Grove 18.00 $3,420.00Prescott 17.50 $3,325.00Verona 12.00 $2,280.00Totals 116.20 $22,078.00

TownshipSections Covered 2015 $212.00

Jo Daviess 36.00 $7,632.00

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Blue Earth 32.70 $6,932.40Pilot Grove 18.00 $3,816.00Prescott 17.50 $3,710.00Verona 12.00 $2,544.00Totals 116.20 $24,634.40

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3-17-14 Attachment Administrator’s Report State of the Cities 2014 Report is only on line this year. 141 Cities participated in the LMC survey that discussed current financial conditions, ability to meet needs and future view of conditions. http://lmc.org/page/1/sotc-current.jsp I participated in an LMC webinar on March 7 which focused on legislative bills that cities should be tuned into. This session is to end May 19 and currently has almost 1,000 bills before the bodies of the house and senate. Current estimates show that the State has $1.233 billion in excess of the budget, a $408 million improvement since fall report. This is after the fund shuffle of school and airport money has been returned. Big talk is how much reserve is needed and how much should go where. So the rush is one to receive funds. HF1777 will probably move forward to conform the Minnesota tax laws to match the Federal tax regulation. This would cost Minnesota $500,000. Governor’s priorities are increased funding to water/wastewater infrastructure, transportation and housing. Bills that may have a direct effect on Blue Earth HF2403 & SF1862 remove the sales tax difficulties that current law has for cities to be able to make construction project purchases tax free. For many years schools have been able to make tax free purchases, but have proven that the savings are made not cost effective by the process. These bills seek to remove those difficulties for cities, counties and schools. Online posting of meetings if this is the most effective method of public notice. Many small communities do not have local news papers. This would give the added option for Councils to determine the best method of giving notice. Many communities will opt to do both and do so already. SF1152 & HF1286 Street Improvement Districts HF 745 & SF 607. This is one that the LMC has been working on for years and have added an Advocacy Toolkit and video to help cities promote and increase knowledge of this concept. www.lmg.org/SID Workforce Housing, this bill is TIF legislation that allows a City with expanding business to assist with market rate housing needs! Jackson, Willmar, Worthington are all facing the challenge of new and expanding industry that needs new homes to house workers. Another discussion to keep tuned to is the e-cigarette regulation. Several larger cities are already seeing businesses in their communities without any ability to regulate the unique business for the sale to minors, indoor air act and health/safety issues. Your LMC has a section dedicated to Legislative Action Center. Updates, articles, schedules, contacts, law summaries and how to get involved is all given in one spot. Student Spring Clean-up is set for May 7th, 2014. Once again the students will be performing many needed clean-up tasks throughout the City. The rain date will be May 9th. If you see the students out, thank them for their work! I met on March 4th with the County Commissioners on the wetland agreement. At this time I have not been given the agreement to bring forward. A tentative purchase date for the industrial park land has been set for April 1.

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The Library Board met on March 11 with Evan Gough to discuss the expanding use of technology in the schools and how the Library might be affected. It was a very interesting and exciting subject. The Library Board has set two goals. One was to answer the challenge of expanding technology use in the library and the second was to form a “Friends of the Library” group to expand involvement and funding of projects. The Chamber Building Committee is having its second meeting on Thursday, March 13 to look at the Chamber’s past discussions of building concept. Next week I will be attending a seminar in Willmar on mosquito control programs on the 18th in the morning. Following that I will be meeting with city staff there to talk about that community’s recent growth. Later that afternoon I will be back in Blue Earth for our rescheduled Senior Board meeting. On March 20 and 21 I will be in Alexandria accepting our Concrete Association and Mn/DOT award for our 2012 & 2013 Airport Improvement projects.

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1

BLUE EARTH CITY COUNCIL 1 MINUTES SPECIAL COUNCIL MEETING 2

MONDAY, March 24, 2014 @ 5:00 P.M. 3 COUNCIL CHAMBERS 4

5 CALL TO ORDER 6

7 Mayor Scholtes called the meeting to order at 5:00 P.M. 8 9

ROLL CALL 10 11

Mayor Scholtes noted that Councilmembers Gaylord, Huisman, Brod, 12 Erichsrud and Gartzke were present. Haase arrived at 5:06 P.M. 13 Councilmember Huisman was excused. Staff members present: City 14 Administrator Kathy Bailey, City Attorney David Frundt, Police 15 Chief Tom Fletcher and Police Officer Todd Purvis. 16 17

DETERMINATION OF A QUORUM 18 19

Quorum present. 20 21

Motion by Gaylord, second by Erichsrud to enter into closed 22 session at 5:06 P.M. The motion passed unanimously. 23 24 Motion by Gaylord, second by Erichsrud to return to open session 25 at 5:36 P.M. The motion passed unanimously. 26 27 City Attorney David Frundt stated that the City Council has made 28 a determination concerning the employee investigation. Nothing 29 is to be released at this time per union agreement. 30

31 ADJOURNMENT 32

33 Motion by Brod, second by Gaylord to adjourn the meeting. Mayor 34 Scholtes adjourned the Special City Council Meeting at 6:14 P.M. 35

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Council Agenda Date: 4/7/14

Agenda Heading: Licenses and Permits Item: Raffle Permit – Faribault County Food Drive Information: Attached is the permit for a raffle being conducted for the Food Shelf. Ticket sales for the raffle of Twins tickets will take place from 4/19/14 through 8/23/14. There will be multiple awards The group has obtained raffle permits in the past and are in good standing for their events. Action: Motion for Approval and Second.

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Council Agenda Date: 4/7/14

Agenda Heading: Licenses & Permits Item: Garbage Haulers License – Mike’s Trailer Rental Information: Attached is the garbage license for Mike’s Trailer Rental. This was a new business last year and he felt his first year was successful and has made new application for a garbage hauler’s license. The applicant is in good standing with the City and requires customers to complete a dumpster permit before placing a unit in Blue Earth. Action: Motion to approve and Second.

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March 2014 / Faribault County Development Corporation / 507-526-2151

NEWSLETTER Welcome: In this issue

1. Southern Minnesota Economic Summit

2. Elmore Wildcat Cafe

3. Job Increase for sixth straight month

4. Looking for a Spring or Summer Intern?

5. Our Investors

SOUTHERN MINNESOTA ECONOMIC SUMMIT

SAVE THE DATE……

Greater Mankato Growth is presenting the first

ever Southern Minnesota Economic Summit

April 29-30 at the Verizon Wireless Center in Mankato. Come and connect with business

leaders, economic experts, regional resource providers and industry specialists.

Breakout sessions will appeal to the seasoned business owner as well as the emerging

entrepreneur.

Register with your local Chamber of Commerce to receive discounted pricing.

ABOUT THE SUMMIT:

Faribault County’s very own Steve Malchow, owner of Roerig Hardware and Appliance of Winnebago will be a panelist for one of the sessions. You will also see FCDC’s Linsey Warmka at the event as a moderator. This will be southern Minnesota’s local summit for business and economic stakeholders. Come and connect with business leaders, economic experts, valuable regional resources and industry specialists. Keynote addresses will include expert economists as well as a panel of business leaders with a wide range of experiences from diverse industry sectors. Breakout sessions will appeal to the seasoned business owner as well as the emerging entrepreneur.

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Manager taking reins at 'Wildcat'

January 23, 2014

Jodelle Greiner - Staff Writer , Fairmont Sentinel

ELMORE - Cinda Hagedorn never wanted to run the Wildcat

Cafe, but soon she will own it.

"I originally started the Wildcat Cafe for YSI, but I never, ever wanted to

manage," she said.

Hagedorn worked for Elmore Academy for 16 years, beginning as a youth

counselor on the floor, then moving into a secretary position with the

facility for at-risk teens, run by Youth Services International

The Wildcat Cafe was the former senior center and newspaper office before

being converted into a restaurant where the teens at Elmore Academy

could get some work experience.

"We had a different manager for a while; it didn't work out," Hagedorn

said. "They did talk me into managing. I don't even remember how that

came about, but here I am."

And here she's been for 10 years.

It all could have come to an end when T.J. Mauer, acting facility

administrator, announced earlier this month that Elmore Academy would

be closing and the Wildcat Cafe with it.

"I was upset, like everybody was who'd lose a job," Hagedorn said of

hearing the news. "Plus, I worked there so long. It was disappointing.

"I thought about the community. I knew [the cafe] would be missed," she

added.

Hagedorn just couldn't let go.

"When T.J. called and told me [about the closing], I immediately said, 'I'll

buy it; see if they'll sell it to me,'" she said.

She is excited about taking over, but realizes, "I just made more work for

myself."

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State Adds Jobs for Sixth Straight Month

Despite one of the coldest Januaries in recent memory, Minnesota employers continued to add jobs during the month.

DEED released figures this morning that showed the state gained 600 jobs in

January – the sixth consecutive month of job growth in Minnesota. Total employment in the state is now over 2.8 million for the first time in history.

The state has added 52,200 jobs in the past year, led by education and health services (up 11,400), trade, transportation and utilities (up 10,200) and

construction (up 9,600). All 11 of the state’s industrial sectors have gained jobs since January 2013.

The unemployment rate was unchanged in January from the seasonally adjusted revised rate of 4.7 percent in December. That compares favorably with a U.S.

unemployment rate of 6.6 percent in January. Among other highlights of today’s report:

1. Benchmarking – the annual revision of federal employment figures, based on

more accurate data – showed Minnesota gained 12,700 more jobs than originally reported over the previous 21 months.

2. Construction, in particular, had major adjustments upward because of benchmarking. The industry is now the state’s fastest-growing sector, expanding by

11.9 percent in the past year, compared with 3.4 percent nationally. The state has added 9,600 construction jobs since January 2013.

3. Minnesota has regained 190,400 jobs since the low point of the recession and is now 31,400 jobs above the state’s pre-recessionary peak. The country as a whole,

however, remains 866,000 jobs shy of its previous peak.

4. The strongest job growth in January occurred in leisure and hospitality (up 3,000), manufacturing (up 2,000), and education and health care (up 1,200).

5. Statewide employment in manufacturing has grown to a seasonally adjusted 313,100 – its highest level in five years.

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STEM Internships with all the benefits, half the cost!

Looking for a spring or summer intern?

Interested in a

50% cash match on the intern's wages

up to $2500?

SciTechsperience is an exciting internship program that creates the opportunity for

Minnesota businesses to work with talented college STEM (science, technology, engineering and math) students to develop solutions for real world challenges.

SciTechsperience provides a low-cost solution for small and medium-sized companies that

otherwise may not have access to qualified interns. Participating companies receive matching funds of 50% of the intern’s wages up to $2,500.

Benefits:

Dollar for dollar cash match up to 50% of the intern’s wages ($2,500 max) Get help finding qualified interns – SciTechsperience does the recruiting for you The hiring decision is yours Find future employees, increase productivity and revitalize your organization with

fresh perspectives Develop Minnesota’s STEM workforce by providing hands-on experience to talented

college students in dynamic industries like yours Keep talented STEM students in Minnesota after they graduate in order to strengthen

and advance Minnesota’s knowledge-based economy

Eligibility requirements:

Must be a for-profit company conducting business in Minnesota Seven-county metro area companies must have fewer than 150 employees;

companies outside the 7-county metro area must have fewer than 250 employees The internship must provide hands-on experience in the company’s industry The company is doing business in one of the following industries:

o Aerospace and Defense o Agriculture, Food, Forestry o Biotechnology, Life Sciences and Health IT o Engineering Services o Fuels, Energy, Energy Management o IT/Computer Technology o Mining, Materials, Manufacturing and Processing

Apply today at SciTechMN.org!

For more information, please contact Becky Siekmeier, Minnesota High Tech Association SciTechsperience Program Director at: [email protected] 952-230-4241

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Thanks to our Investors:

Helping Your Business, Your Farm and Your Community GROW!

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Save the Date! April 24, 2014 For an Elected Officials Meeting. Blue Earth will host a meeting and speaker at the Public Safety Meeting room, 120 Walnut St. (Police/Fire Hall) 6:30 social time and 7:00 speaker. The next two decades will bring big changes to the Land of 10,000 Lakes. Susan Brower, Minnesota’s state demographer, will discuss the growth patterns in Faribault County, and describe how demographic shifts are likely to play out in the years ahead. Join us for a lively discussion about what these changes will mean to current and future residents of the region. RSVP for attendance to Sue Hauskins [email protected]

Susan Brower became the State Demographer in February 2012. In that capacity, she travels the state talking with Minnesotans about the new social and economic realities that are brought about by recent demographic shifts. Susan’s work applies an understanding of demographic trends to changes in a range of areas including the state’s economy and workforce, education, health, immigration and rural population changes. Susan joined the State Demographic Center after working as a researcher on the Minnesota Compass project at Wilder Research in St. Paul. Prior to that, she worked at the Population Studies Center at the University of Michigan.

Susan earned her Ph.D. in sociology at the University of Michigan, specializing in demography and family sociology. She also holds a master’s degree in public policy from Humphrey School of Public Affairs at the University of Minnesota.

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Council Agenda Date: 4/7/14

Agenda Heading: Reports from Staff Members Item: City Engineer – Engineering Addendum 1 for Main Street 2015 Project Information: The County policy adopts the usage of the City Engineer for the County/State Aid projects to be built or reconstructed within a municipality. By adopting this now it allows for per-planning work toward the final engineering and Main Street reconstruction project in 2015. Action:

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Blue Earth Community Library Library Board Minutes

February 11, 2014 - 4:30 pm

Members present: Sue Ellingsen, John Huisman, Cindy Lyon, Lenny Clement, Wilma Bittinger, Director Eva Gaydon and City Administrator Kathy Bailey Meeting called to order at 4:30 by John Minutes: January minutes were approved. Bills: January expense report was reviewed and approved. Director’s Report: 1. Winter Story Time began Feb.13. 2. Two receipt printers died in the last few months. Replacements compatible with the vendors of

the RFP for the new automation system will cost $200 each and will be ordered soon. 3. Eva has begun gathering statistics for the library annual state report 4. January Stats:

Circulation: 2600 Items added 120 Users added 19

Ebook circulation 193

ILL borrowed 30 ILL loaned 63 Zinio Circulation 35

Old Business: SWOT review: Board members discussed the prioritized items from the original SWOT list and decided the top 2 goals were: Adding computers and establishing a “Friends of the Library” group. Eva has sent out a survey to area libraries on their experiences with a Friends of the Library group. No responses yet. John will check to see if the Blue Earth Community Foundation could include the Friends of the Library under their umbrella.

It was decided that actions should be put on hold until the final results of the school board’s plans to possibly provide every student in BE area schools with tablets. This would affect the need for more computers in the library. The media people from the school will be asked to report on the decisions at the next library board meeting.

Use of the community room was also part of the SWOT discussion. The drivers’ exams that are held in that room are part of a 3 years contract which is about to expire. A motion was made, seconded and passed to counter their usual 3 year contract with a one year contract, pending the board’s plans for upgrading the library. New Business: The Traverse de Sioux membership agreement was discussed and on a motion by Lenny, second by Wilma, the board voted to accept it and John signed it. The cost now is $10,504 and if North Mankato can work out a way to be a part of the group, that fee will drop to $10,481 Motion to adjourn was made at 5:25 and carried unanimously. Next meeting will be March 10, 2014 Respectfully submitted Wilma Bittinger

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Faribault County Fitness Center Board Minutes

Thursday Feb 19th 2014 @ 4:30 PM. At

Faribault County Fitness Center Call to order: David Lein called the meeting to order at 4:30 PM. Roll Call

Members present: Brent Haase, Chris Ankeny, David Lein, Norm Hall, Travis Preuss, Joe Fering, Matt Dikken, Staff members, Michelle Hall, and Council Members, Russ Erichsrud.

Minutes A motion to approval of minutes from Feb 5th 2014 was made by Haase, 2nd by Hall, all approved.

Old Business: Painting of the weight equipment: Ankeny of Tafco has a sales rep looking in to the best option. Once we get the weight equipment to ground floor we can paint one or two pieces a week. TV Cost: We have two bids for installing six TV’s in the addition. Tvedten $10,562 and ECS, of Mankato $7,558. The board felt the Tvedten had some extra equipment in the bid that wasn’t needed. A motion was made to have Lein and Fering talk to Tvedten and if he could get the cost down to $8,500 including TV’s then have Tvedten do the work. Bevcomm cost, Card Key and Security: Hall reported she had estimation from Bevcomm of $7,900 to move the door access system, move camera system and install 4 new cameras, materials and labor. The bid did not include cabling. Floor mats: Hall ordered the rubber floor mats for the Strength area from Farmers Supply in Mankato at a cost of $1004,75. Lein will pick-up the mats.

Budget review Building:

Review/Update of construction: Hall reported that construction is on schedule and the target moving date (moving the weight room to ground floor) was still Mar 7th 2014. Hall also reported that we have a good group of volunteers lined up for moving day. RB Ventilation: Preuss reported that the ventilation in the racquetball court still wasn’t as good as it was before we added the AC system. Hall will talk to Kaduce. Sports Interior Ceiling: Hall is trying to get a bid from Sports Interior to cover ceiling for the 3rd bay over the old weight room. Sports Interior did the ceiling (2 bays) over the tennis courts in 2011 at a cost of $9850.00 Extras: Hall has put together and extra cost sheet. The bid for the addition did not have any tech cost (TV’s, security, and Door Card key moving cost.) A motion was made to cover Tech cost and any other unforeseen cost out of our cash on hand totaling $50,000.00 and $50,000.00 to buy down the bond size. by Fering and 2nd by Hall. All approved. Motion forward to Council.

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New Business: Programming: Other Business:

Next meeting: Mar 19th 2014. Adjourn: Meeting was adjourned. Submitted by: Michelle Hall Director/Sec/Tres.

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Council Agenda Date: 4/7/14

Agenda Heading: Old Business Item: CBS Squared – Public Works Building Information: Public Works Director Jamie Holland spoke with Bob Sworski of CBS Squared concerning the Council’s direction on the Public Works building. Bob said he would sharpen his pencil and get back to the City. Last week the attached billing for their service hours arrived to the City. Originally the firm was contracted to the City for architectural services in the amount of $55,435.00. The bill is for $12,849.29. The payment of this is included in the bills to be paid with this meeting. The payment of this will end our contract with the company. Staff is requesting to place the shop project out for as a Design/Build project for contractors to bid on. Taking bids will allow the Council and Staff to evaluate the costs of this project completed under this authority. Once bids are received the Council can evaluate if this is the direction to proceed with a contractor or to re-evaluate the whole project and look at other options. Action:

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Council Agenda Date: 4/7/14

Agenda Heading: Old Business Item: Mosquito Contracting Information: Attached is the information in brief from the session I attended in Willmar on March 18th. It was very informative but pointed out to me that training and knowledge of the pesticides is very important to not only getting a good service but also to the safety of the citizens. Councilman Gartzke asked for information as to what equipment would cost for this type of operation and I have attached that information. Following several calls to venders I now have two proposals to provide Blue Earth with mosquito control services in 2014. I have asked the two venders to attend the Council meeting to answer questions on their programs. In the interest of fair competition I will distribute the information from each vender prior to the Council meeting with that vender. I would suggest that we ask each vender to take turns for the discussions by stepping out while the other is asked questions. The material came to me first from More Than Mowing, Josh More and from Clarke Environmental Mosquito Management, Inc., Rob Olson. Action:

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Mosquito Control Seminar: Willmar, March 18, 2014

Notes: Recommendations for a mosquito control program:

Education: Removing all standing bodies of water in residential yards, dress to prevent biting and defend by application of repellents.

Larvacide: Since Mosquitos lay 200-400 eggs each and they hatch from 24 hrs. – 48 hrs. and become flying/biting mosquitos in 14 -20 days. They then repeat the cycle again and again. Mosquitos travel up to 75 miles. The most effective treatment is to treat the eggs and larva before they fly. Method most popular was a concentrated treatment (bricket or doughnut) of storm sewer drop inlets and water detention ponds. The treatment pesticide recommended lasts for 180 days, so it covers one season and is heavy enough to remain in the catch basin through heavy rains.

Spraying: All spray equipment should be calibrated each year by the manufacture’s rep. All equipment used must be ULV (Ultra Low Volume) certified. No homemade equipment. All commercial applicators must be licensed and insured. Calibrated equipment makes 5 to 30 droplets to be effective for differing pesticides. All of the communities in attendance did not spray through town, but used spot application of parks and other public gathering areas (campgrounds, pool areas, event grounds). Several pesticides were discussed, but few were for use near agriculture or gardens.

Spray only is affective about 24 hours and only affects flying mosquitoes. Many of the pesticides encourage flight of mosquitos. If there are bee hives in the area, spraying must take place once cooler temps and hiving has occurred, generally after sunset.

Spraying of agriculture crop fields will usually end the community spraying in late June early July in rural areas having soy bean crops. Communities in canning operation areas may be affected as early as first crop sprays. “As Needed” spraying is recommended in areas of rural populations.

Capture and lab testing is only done in the five state area when a suspected disease out-break occurs. Metro mosquito district has a private lab for their member communities only. Colorado, California and Florida have labs to determine species and maturity of the insect. They are also able to determine if they are disease carrying. Captures must include counts and multiple captures over a time period. Reports from labs must be given to municipalities and records kept for a period of five years.

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The COUGAR provides the professionalperformance of larger ULV units, in an economi-cal size and price. This ULV cold aerosol generator is lightweight and easy to operate. It features a high output rate, while operating efficiently and reliably. Now with new larger fuel tank for operation up to 8 hours at 6 PSI and 11 hours at 4 PSI.

An 10 HP Briggs & Stratton engine combined with an electric starter gives you the power you need to get the job done right the first time. With standard features you’d expect, the COUGAR is an economical choice for professional use.

DISCOVER THE CLARKE ADVANTAGE TODAY:

• Unmatched craftsmanship

• Technical support hotline

• Easy parts ordering

• Strictest quality control

• User friendly operation

• Easy installation

• Low maintenance

• Products made in the USA

SPECIFICATIONS

COUGAR

Engine 10 HP (305cc)

Blower 105 CFM at 3600 RPM

Weight 250 lbs. (112 kg.)

Nozzle IHPLAT

Dimensions 42”Lx38”Wx43”H (107cmLx91cmWx102cmH)

Flow Rate ULV 18 oz./min. (532ml)

Formulation Tank 15 gal. (56.7 liter)

Flush Tank 2 qt. (1.9 liter)

Fuel Tank 2.84 gal. (10.7 liter)

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GLOBAL HEADQUARTERS

110 E. Irving Park Road, 4th Floor, Roselle, IL 60172

Phone: +1.630.894.2000 Fax: +1.630.894.1774

www.clarke.com

COUGAR

STANDARD POWER FEATURES

The COUGAR is ideal for use in insect control,\ pest and odor control, public health and disinfection. With application rates up to 18 ounces per minute, fuel capacity for up to 8 hours and an advanced flow control system, the COUGAR may be the perfect choice for you:

Larger fuel tank – 2.84 gallons

• High Performance Laminar Air Flow nozzle swivels 360º horizontally and 200º vertically

• Meets all label requirements for ground ULV products, including malathion at 4.3 oz./ minute

• Remote cab flow control

• Non-shear anti-vibration mounts

• FMI electric lab pump, with waterproof, lockable enclosure

• Electric start

• Built-in flusher

• Lockable pour-clean 15 gallon poly chemical tank

• 10 HP Briggs & Stratton OHV IC Engine

• All steel construction with Z-base rails for easier vehicle mounting

• Rotary positive displacement blower 105 CFM at 3600 RPM

• Remote engine start/stop/choke/flush

• Automatic low pressure cutoff

• Engine hour meter and tachometer

• Chemical flow hour meter

• Two stage powder coat finish on all frame parts

• Automatic engine idle back

• Automatic throttle control reduces wear and noise

• Smartflow -The SmartFlow system offers an unprecedented level of accuracy and precision and can be used in tandem with GPS for variable flow. With one-step calibration and three preprogrammed rates, you have the ability to adapt quickly to varying field conditions.

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The GRIZZLY cold aerosol ULV generator sets the standard for professional equipment. An 18 HP engine, combined with the powerful features you demand makes the GRIZZLY the ideal choice for the big, tough jobs.

Competitively priced, the Grizzly is the tool professionals count on to tackle a wide variety of needs. Top performance and a competitive price combine to make it a perfect choice for professionals in mosquito control, public health and odor control.

DISCOVER THE CLARKE ADVANTAGE TODAY:

• Unmatched craftsmanship

• Technical support hotline

• Easy parts ordering

• Strictest quality control

• User friendly operation

• Easy installation

• Low maintenance

• Products made in the USA

SPECIFICATIONS

GRIZZLY

Engine 18 HP (694cc)

Blower 350 CFM @ 10 P.S.I.

Weight 475 lbs. (216 kg.)

Nozzle IHPLAT

Dimensions 54”Lx42”Wx42”H (121.9cmLx99cmWx91.4cmH)

Flow Rate ULV 18 oz./min. (532ml)

Formulation Tank 15 gal. (56.7 liter)

Flush Tank 1 gal. (3.8 liter)

Fuel Tank 10.25 gal. (38.8 liter)

(121.9cmLx99cmWx91.4cmH)

Flow Rate ULV 18 oz./min. (532ml)

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GLOBAL HEADQUARTERS

110 E. Irving Park Road, 4th Floor, Roselle, IL 60172

Phone: +1.630.894.2000 Fax: +1.630.894.1774

www.clarke.com

GRIZZLY

STANDARD POWER FEATURES

The GRIZZLY is a great choice for applying insecticides, fungicides and odor control products. It features application rates up to 18 oz./minute and all the standard features professionals demand:

FEATURES:

• High Performance Laminar Air Flow nozzle swivels 360º horizontally and 200º vertically

• Rotary positive displacement blower 350 CFM @ 10 P.S.I.

• Glycerin fi lled pressure gauge

• Meets all label requirements for ground ULV products, including malathion at 20 mph rate

• Remote cab fl ow control featuring the SmartFlow

• Non-shear anti-vibration mounts

• FMI electric lab pump, with waterproof, lockable enclosure

• Electric start

• Flush system with 1 gallon solution tank

• Lockable pour-clean 15 gallon poly chemical tank

• 18 HP OHV Briggs & Stratton engine with automotive typelubrication with spin-on-oil fi lter

• All steel construction with Z-base rails for easier vehicle mounting

• 10.25 gallon marine aluminum gas tank (EPA approved)

• Remote engine start/stop/choke/fl ush

• Automatic low pressure cuto�

• Engine hour meter and tachometer

• Chemical fl ow hour meter

• Features EPC module (Electronic Pressure Control) which electronically maintains set pressure

• Two stage powder coat fi nish on all frame parts

• Smartfl ow -The SmartFlow system o� ers an unprecedented level of accuracy and precision and c can be used in tandem with GPS for variable fl ow. With one-step calibration and three preprogrammed rates, you have the ability to adapt quickly to varying fi eld conditions.

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Council Agenda Date: 4/7/14

Agenda Heading: Old Business Item: County Wetland Purchase Agreement Information: Attached is the County Wetland agreement. It is the same as was distributed at the 3/17/14 Council meeting. The County Commissioners have not agreed to separate the 3.c. clause into another contract. So refer to section 3.c. of the second page of the attached agreement. This clause commits the City to a future reimbursement of $10,350 for a section of an easement established in an as yet not filed Plat for a Public Way, should it be required to be built at any time in the future. I spoke with the city’s auditor and this would commit the City to set aside the $10,350 until some date at which we should determine that the public road is not going to be built. I do not like the City being asked to agree to this tied to the purchase of wetland credits to move our industrial park project forward, but the fact that these funds will need to be designated for this purpose indefinitely adds to the awkwardness of this agreement. The wetland permit application fees, registration, State tax, and the County’s request for the purchase equals $42,584.24. The $10,350 is in addition to that amount. So committing to this agreement, commits the City to $52,934.24. None of these funds are being reimbursed from the FEDA grant. Action:

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Council Agenda Date: 4/7/14

Agenda Heading: Old Business Item: Senior Center Director Position Information: Council referred the questions of filling the Senior Center Director position to the Sr. Center Board. The Board met on March 18 and reviewed the attached calendar of activities and received the petition from the Bridge Players in support of the Assistant Sr. Center Director becoming the new Director. Following discussion of hours, Center goals, activities the Board makes these recommendations.

• The Center fills a very important piece of the community citizen’s needs. • The Sr. population of Blue Earth is 27% of the total population and rising. • The Center should continue to expand its activities, not reduce them. • The Center is volunteer dependent and currently has 4 volunteers working each

day to provide meals and many volunteer activities such as foot clinics, bone builders exercise, etc.

• The director position is necessary to coordinate and recruit the volunteers and activities.

• The director position is required to do cleaning and activity site arranging (tables or rooms).

• That the hours of the Center operations have already been cut as a method of reducing costs and the Board felt that was a compromise.

• A new Director would start at a reduced wage from the former, thereby save an additional $8,422.37 per year.

• The Board feels the Linda Jahnke should be offered the position of Director. Action:

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Council Agenda Date: 4/7/14

Agenda Heading: New Business Item: Preliminary and Final Plat for North Industrial Park Information: See attached documents for the process. Much of the process described in the Ordinance applies to Developers requesting a plat for the development of land not owned by the City. The process is to send the Preliminary Plat to Staff for review then to the Planning Commission. (Section 1110.02 of Chapter 11) Once Planning Commission approval is reached a recommendation of adoption is sent on to the Council for approval. Since the City is the owner of the parcel to be platted and the project is under tight time constraints Staff has reviewed the Preliminary Plat and moved it to the Council to act as the Planning Commission to schedule the hearing and in forwarding the plat to the Final Plat process. (Section 1110.03) Subd. 2. Planning Commission Meeting and Report. Within forty-five (45) days after the Plat was filed and after reports and certifications have been received as requested, the Planning Commission shall hold a public hearing on the Preliminary Plat after notice of the time and place thereof has been published once in the official newspaper at least ten (10) days before the day of the hearing. This shall constitute the public hearing on the Plat as required by State law. Within fifteen (15) days of the date of the public hearing, the Planning Commission shall make its report to the Council. The Planning Commission and the Zoning Administrator may forward to the Council a favorable, conditional or unfavorable report and said reports shall contain a statement of findings and recommendations. The following definitions may help Council in this process: CHAPTER 11 SUBDIVISION REGULATION (PLATTING) Definitions Subd. 25. Plat. The term “plat” means a map or drawing which graphically delineates the boundary of land parcels for the purpose of identification and record of title. The plat is a recorded legal document and must conform to all Minnesota State laws. Subd. 26. Preliminary Plat. The phrase “preliminary plat” means the preliminary map, drawing or chart indicating the proposed layout of the subdivision to be submitted to the Planning Commission and council for their consideration. Action:

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Council Agenda Date: 4/7/14

Agenda Heading: New Business Item: Annexation Information: Attached is the State Office of Municipal Boundary Adjustment’s Process Overview and the State Statute 414.033 concerning Annexation by Ordinance. Subd. 2 of the State Statute item (1) is for land owned by the municipality. Since the land is owned by the City the public hearing is not necessary. In addition to this request to begin this process for the State requirements, Staff is requesting direction to notify the Township per our Orderly Annexation Agreement. The last annexation done by this process is attached as an example. Action:

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Municipal Boundary Adjustment Unit - Process Overview Initiating Documents Non-Contested Proceedings

Hearing Proceedings Dispute Resolution

Hearing

Appeal

Initiating Documents: For all docketed proceedings, initiating documents and fees are received and collected according to statutory requirements. Any legal or procedural

issues are addressed at this point.

Non-Contested Proceedings: A non-hearing file is a proceeding that is non-contested because it is filed

under a section of Minnesota Statutes Chapter 414 that does not require a hearing, or where a hearing is not necessary due to a waiver of a right to

object or a joint filing, as provided for by law.

The Chief Administrative Law Judge reviews non-hearing proceedings for

decision on a monthly basis or as needed. Expedited review is available when requested for good cause.

Hearing Proceedings: Hearing proceedings include proposed boundary adjustments filed under any section of Chapter 414 that requires a hearing or where a hearing is

triggered by the receipt of a timely objection as provided for by law.

The statute requires a hearing to be held within 30 to 60 days after receipt of initiating documents or a timely objection. A decision on the matter must

be made one year from the date of the first hearing pursuant to Minn. Stat.

§ 414.09 Subd. 1(a). The decision deadline may be extended for a specific period of time with the written consent of all parties of record pursuant to

Minn. Stat. § 414.07 Subd. 1. Legal notice must be published for two

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consecutive weeks prior to the hearing pursuant to Minn. Stat. § 414.09

Subd. 1(d).

Dispute Resolution: Prior to the first hearing, the Chief Administrative Law Judge reviews the file and considers whether to send the matter to hearing or invoke either:

• Minn. Stat. § 414.01, Subd. 16, which requires parties to meet locally at least three times during a 60-day period and report back the results

of those meetings. Extension of this time period may be granted if circumstances warrant.

• Mediation, in which a neutral third party facilitates a compromise

settlement. If mediation is invoked, either at the outset of a file or after Minn. Stat. § 414.01, Subd. 16 meetings prove unsuccessful, the

parties have input as to the kind of mediation:

- parties choose a mediator on their own; or

- parties contract for mediation services provided by the Office of Administrative Hearings

If parties disagree as to their preference of mediation, an administrative law

judge from the Office of Administrative Hearings will be assigned as the mediator. Parties are responsible for the costs of mediation pursuant to

Minn. Stat. § 414.12 Subd. 3.

Hearing: Under Chapter 414, a hearing file may be sent directly to hearing at any

time. If local meetings or mediation is required, the hearing record is opened as scheduled and continued to an indefinite date to allow time for

those alternative dispute resolution processes to occur. If the parties do not resolve their dispute, the hearing is reconvened on the evidence at some

future date.

Parties are responsible for all costs of dispute resolution and hearing

pursuant to Minn. Stat. § 414.12, Subd. 3.

Appeal: Pursuant to Minn. Stat. § 414.07, any person aggrieved by any order issued

under Chapter 414 can challenge the authority and actions of the decision-maker as well as the underlying facts of the decision.

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Council Agenda Date: 4/7/14

Agenda Heading: New Business Item: Airport Farmland Lease Information: Attached airport farmland lease, lease payment received and aerial photos of land. History of the rental of land is given below: 2006 David Anderson $139.89 (2 yrs.) 2008 Smith/Meyer $161.57 (2 yrs.) 2010 Smith/Meyer $211.68 (2 yrs.) 2012 Ron Aukes $327.00 2013 Smith/Meyer $411.57 (3yrs.) 2013, 2014 & 2015 Steve Smith and Jim Meyer requested to speak to Council wanting to request a reduction in the farmland rent based on drainage issues. The aerial photos show that the land condition is not changed from 1991 to present day conditions. If the runway had been extended there had been approval for funding to add additional drainage to drain under the new extended section. This runway extension was not approved so there was no extended runway for additional drainage to take place. The current farmers are well aware of this wet area and that some years it is smaller or larger depending on the weather conditions of that year. The three year bid was taken by the Airport Commission to stabilize the farm rent toward long-term debt reduction, and a known farmer from year to year. The benefit for the farmer is also knowing the land, fertilizer and tillage can be planned for better crop rotation and production and the farmer has the land for farming. Recently Fairmont addressed a similar issue with the farmer wanting to be released from the multiple years contract. The City offered to release the farmer on the condition that the farmer pay the rent difference from lease to new bid and rebid the track of land. The farmer felt he would be in a better position to continue farming the land. Action:

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1

(Tract 1) FARM LEASE

THIS AGREEMENT made this ____ day of _____________, 2012, by and between the

City of Blue Earth, a municipal corporation, secured party, hereinafter referred to as Lessor, and Steve Smith & James D. Meyer, as Lessees (Tenant).

WITNESSETH:

1. That Lessor, in consideration of the agreements herein contained, does hereby demise and let unto Lessee for the amount indicated; the following described premises situated in Faribault County, State of Minnesota, to-wit:

The Northeast Quarter, the East half of the Southeast Quarter and the East Half of the East Half of the Northwest Quarter of the Southeast Quarter all in Section Thirty-two (32), Township One Hundred Two (102) North, Range Twenty-seven (27) West of the Fifth Principal Meridian, excluding runways, taxiways, aprons, airport no directional beacon area (5.7 acres), other airport operational areas. (Total acres 246.44) Land totaling 246.44 acres, more or less, of which 147.69 acres as determined by FSA shall be tillable by Lessee. Said property to be occupied and used by Lessee for farm crop purposes only.

2. Tenants agree that they are renting only the tillable crop acres; non-cropland such as

natural grassland areas, slough, meadow or building site are not part of the lease and use to the premises is prohibited unless written permission is granted by the landlord. 3. To hold for a term of three (3) years from the 1st day of January, 2013, to the 31st day of December, 2015, at a rental of $60,784.77 per year, based on the per acre rate of $411.57 per acre, payable on April 1, 2013 or each April thereafter.

4. The Lessees do hereby covenant and agree that lessees will pay the said rent in the manner foresaid, and at the end of the leasing period will deliver up the premises peacefully and quietly.

5. The premises will be used for crop farming only and no livestock shall be permitted thereon.

6. Crops which would violate federal and state aviation regulations are not permitted. 7. The leased premises includes sites used by the Lessor for land application of

biosolids from the City’s wastewater treatment plant; the biosolid sites comprise 32.8 acres and

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42.58 acres of the tillable land as shown on attached Exhibit “A” made a part hereof by reference. Lessees may farm the biosolid sites, but acknowledges that Lessor shall have the right to land apply biosolids when necessitated by treatment plant capacity. The Lessees shall allow the Lessor adequate time to land apply biosolids before tilling and planting. Lessees shall receive no rent abatement or crop expense reimbursement for Lessor’s use of biosolid sites. The Lessor shall have the right to expand existing biosolid sites and to increase the number of sites to accommodate needs of the wastewater treatment facility.

8. The leased premises include a contaminated soil disposal area of approximately 4.75 acres. Lessor may farm the soil site as long as it is determined to be safe but acknowledges that the lessor shall have the right to spread the contaminated soil on the site set forth at Exhibit “A” when necessitated. If the disposal occurs during a crop year, then the Lessees shall be compensated for all incurred crop input cost on destroyed acres, less any salvage value. If the contamination carries over to a subsequent year, then the rental rate shall decrease by the number of acres of the site no longer available for crop production due to the deposits of contaminated soils. The Lessor reserves the right to adjust the location or increase the area for spreading upon 60 days notice to the Lessees.

9. Landlord will send a letter to Lessee on all the sites that biosolids are spread disclosing the essential plat nutrients supplied by biosolids and because nitrogen is a limiting factor, exactly how much is put on and also tell how much the tenant can put on so they do not exceed the maximum allowable nitrogen rate. Information on trace metals applied is given and information is included on a biosolids quality and nutrient information sheet furnished to Tenant.

10. The Lessor and Lessees further agree that this lease may be terminated as to all or a portion of the premises by the Lessor upon 120 days written notice in the event any condition develops whereby these premises or any portion thereof may be needed for airport purposes, and in the event of the exercise of such right by the Lessor, then the Lessees shall have the right to remove any and all fences erected by them upon the leased premises and any rent paid in advance shall be

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returned on a prorated basis. In the event of the repossession of an portion of the leased premises for airport purposes, the Lessees shall be reimbursed for crop expense incurred. There shall be no rent or crop reimbursement for Lessor’s use of the sludge sites aforementioned.

11. Lessees further agree with Lessor that the working and tilling of the land will be subject to the direction and control of the City of Blue Earth for the safety of those using the airport, and all machinery used by Lessees in the working and tilling of the land shall be removed from the property upon completion of a day’s work and no machinery shall remain on the above leased premises overnight and that no work will be accomplished on the leased premises during the hours of darkness without the permission of the Airport Manager.

12. Lessees agree that there will be no tall crops within 250 feet from the center line of the runway and 400 feet from the end of runways and 50 feet from the center line of taxiways and at no time shall equipment and personnel be permitted to cross any runway, taxiway or aircrop parking area without permission from the Airport Director. Owner shall establish tillage lines pursuant to this paragraph. Lessees agree to mow ditches as required by local, State or Federal authorizes and directed by the City of Blue Earth.

13. This lease shall be subordinate to the provisions of any existing or future agreement

between Lessor and the United States relative to the operation or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of general funds for the development of the airport.

14. As security for the payment of the rents herein specified and the faithful performance and strict fulfillment of all the covenants of Lessees in this lease contained, Lessees do hereby grant a security interest to Lessor in all crops grown or growing on the premises during the term of this lease and in products and contract rights with respect thereto and all proceeds of each. Upon any default on the part of Lessees in paying said rent or in performing any of the covenants of this lease, and at all time thereafter, Lessor shall have, in addition to the rights and remedies granted hereby, all rights and remedies of a secured party under the Uniform Commercial Code or other applicable

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law, and Lessor may require Lessees to assemble the property and make it available to Lessor at a place to be designated by Lessor that is reasonably convenient to both parties. Expenses of retaking, holding, preparing for sale, selling and the like, shall include the reasonable attorneys fees and legal expenses of Lessor.

15. Lessor and Lessees further agree that this lease will not automatically renew and will terminate on December 31, 2013.

16. Succeeding Tenant. Lessee(s) agree to allow a succeeding tenant, after crops have been harvested, to plow or cultivate or otherwise prepare the land for the following year.

17. Fertilization. Tenant is required to apply fertilizer at or above maintenance levels as set forth by the area Extension Services and in accordance with common local practices. Said fertilizer shall not be applied to the biosolid application areas as specified herein and shown on the attached Exhibit “A” or the contaminated soil disposal area as specified herein and shown on attached Exhibit “A.”

18. Weed Control. Tenant is required to maintain adequate weed control in a husband

like manner but is prohibited from using chemicals that have a residual effect beyond the term of this lease.

19. No Hunting. Lessor will post “no hunting” signs around the perimeter of the leased premises. Tenant shall not grant hunting rights to any third parties in order to protect the Lessor against potential liability claims arising out of hunting activities.

20. Hold Harmless. The Lessees shall indemnify and hold the Lessor and the property

of the Lessor, including the premises, free and harmless from any and all claims, liabilities, loss, damage or expenses resulting from Lessees’ occupation and use of the premises including any claim, liability, loss or damage arising by reason of the injury to or death of any person or persons or by reason of damage to any property caused by the condition of the premises, the condition of any improvements or personal property in or on the premises with the expressed or implied consent of the Lessees. Duties of the Lessees under the section to indemnify and hold the Lessor and the

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property of the Lessor free and harmless from any such claim, liability, loss or damage shall extend to any claim, liability or loss of damage arising by reason of the injury to or death of (a) Lessees, (b) any agent, officer or employee of the Lessees, (c) any independent contractor hired by the Lessees to perform work or render services on the premises.

21. Indemnification of lessor. The Lessor shall not be liable, and the Lessees shall indemnify, save, hold harmless, and defend the lessor, for any loss, injury, death, or damage to persons or property which at any time may be suffered or sustained by the Lessees or by any person whosoever may at any time be using or occupying or visiting the premises, or be in, on, or about the premises, whether such loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, negligence, or intentional misconduct of the lessee or of any occupant, subtenant, visitor, or user of any portion of the premises or shall result from or be caused by any other matter or thing whether the same kind as or of a different kind than the matters or things above set forth, and the Lessees shall indemnify the Lessor against all claims, liability, loss, or damage whatsoever on account of any such loss, injury, death, or damage. The Lessees hereby waive all claims against the Lessor for damages to any building and improvements which are now on or hereafter placed or built on the premises and to the property of the Lessees in, or about the premises and for injuries to persons or property in or about the premises, from any cause arising at any time.

The two preceding sentences shall not apply to loss, injury, death or damage arising by reason of the negligence or misconduct of the Lessor, its agents, or its employees.

22. This Agreement constitutes the entire agreement between the parties and it is distinctly understood that no verbal agreement or understanding existing so that the terms hereof may be contradicted or varied by an oral understanding.

23. Tenant has no obligation to perform fall tillage at the termination of this lease. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal the day and year first above written.

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CITY OF BLUE EARTH TENANT BY: _______________________ ________________________

Robert L. Hammond, Jr. Its: Mayor ________________________

ATTEST: ___________________________ City Administrator STATE OF MINNESOTA

SS COUNTY OF FARIBAULT

On this _____ day of _____________, 2012, before me, a notary public within and for said County and State, personally appeared Robert L. Hammond, Jr. and Kathy Bailey, to me personally known, who, being each by me duly sworn, did say that they are, respectively, the Mayor and the City Administrator of the City of Blue Earth, the corporation named in the foregoing instrument, and that the seal affixed is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation.

____________________________________ Notary Public

STATE OF MINNESOTA

SS COUNTY OF FARIBAULT On this _____ day of _______________, 2012, before me, a notary public within and for said County, personally appeared ____________________, to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed.

____________________________________ Notary Public

STATE OF MINNESOTA

SS COUNTY OF FARIBAULT On this _____ day of _______________, 2012, before me, a notary public within and for said

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County, personally appeared _______________________, to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed.

_________________________________ Notary Public

This Instrument Drafted by: David F. Frundt FRUNDT & JOHNSON, LTD. 117 West Fifth Street Blue Earth, MN 56013 (507) 526-2177

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(tract 2)

FARM LEASE THIS AGREEMENT made this ____ day of _____________, 2012, by and between the

City of Blue Earth, a municipal corporation, secured party, hereinafter referred to as Lessor, and

Steve Smith and James D. Meyer, as Lessees (Tenant).

WITNESSETH:

1. That Lessor, in consideration of the agreements herein contained, does hereby

demise and let unto Lessee for the amount indicated; the following described premises situated in

Faribault County, State of Minnesota, to-wit:

The North 500 feet of the East 800 feet of the Northeast Quarter of the Northeast Quarter in Section Five (5) in Township One Hundred One (101), Range Twenty-seven (27) West of the Fifth Principal Meridian, Faribault County, Minnesota. (Total acres - 10.33)

Land totaling 10.33 acres, more or less, of which 9.61 acres as determined by FSA shall be tillable by Lessee.

Said property to be occupied and used by Lessee for farm crop purposes only.

2. Tenants agree that they are renting only the tillable crop acres; non-cropland such as

natural grassland areas, slough, meadow or building site are not part of the lease and use to the

premises is prohibited unless written permission is granted by the landlord.

3. To hold for a term of three (3) year from the 1st day of January, 2013, to the 31st day of December, 2015, at a rental of $3,955.19 per year, based on the per acre rate of $411.57 per acre, payable on April 1, 2013 or each April thereafter.

4. The Lessees do hereby covenant and agree that lessees will pay the said rent in the

manner foresaid, and at the end of the leasing period will deliver up the premises peacefully and

quietly.

5. The premises will be used for crop farming only and no livestock shall be permitted

thereon.

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6. Crops which would violate federal and state aviation regulations are not permitted.

7. The leased premises includes sites used by the Lessor for land application of

biosolids from the City’s wastewater treatment plant; the biosolid sites comprise 32.8 acres and

42.58 acres of the tillable land as shown on attached Exhibit “A”, made a part hereof by reference.

Lessees may farm the biosolid sites, but acknowledges that Lessor shall have the right to land apply

biosolids when necessitated by treatment plant capacity. The Lessees shall allow the Lessor

adequate time to land apply biosolids before tilling and planting. Lessees shall receive no rent

abatement or crop expense reimbursement for Lessor’s use of biosolid sites. The Lessor shall have

the right to expand existing biosolid sites and to increase the number of sites to accommodate needs

of the wastewater treatment facility.

8. The leased premises include a contaminated soil disposal area of approximately 4.75

acres. Lessor may farm the soil site as long as it is determined to be safe but acknowledges that the

lessor shall have the right to spread the contaminated soil on the site set forth at Exhibit “A” when

necessitated. If the disposal occurs during a crop year, then the Lessees shall be compensated for all

incurred crop input cost on destroyed acres, less any salvage value. If the contamination carries

over to a subsequent year, then the rental rate shall decrease by the number of acres of the site no

longer available for crop production due to the deposits of contaminated soils. The Lessor reserves

the right to adjust the location or increase the area for spreading upon 60 days notice to the Lessees.

9. Landlord will send a letter to Lessee on all the sites that biosolids are spread

disclosing the essential plat nutrients supplied by biosolids and because nitrogen is a limiting factor,

exactly how much is put on and also tell how much the tenant can put on so they do not exceed the

maximum allowable nitrogen rate. Information on trace metals applied is given and information is

included on a biosolids quality and nutrient information sheet furnished to Tenant.

10. The Lessor and Lessees further agree that this lease may be terminated as to all or a

portion of the premises by the Lessor upon 120 days written notice in the event any condition

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develops whereby these premises or any portion thereof may be needed for airport purposes, and in

the event of the exercise of such right by the Lessor, then the Lessees shall have the right to remove

any and all fences erected by them upon the leased premises and any rent paid in advance shall be

returned on a prorated basis. In the event of the repossession of a portion of the leased premises for

airport purposes, the Lessees shall be reimbursed for crop expense incurred. There shall be no rent

or crop reimbursement for Lessor’s use of the sludge sites aforementioned.

11. Lessees further agree with Lessor that the working and tilling of the land will be

subject to the direction and control of the City of Blue Earth for the safety of those using the airport,

and all machinery used by Lessees in the working and tilling of the land shall be removed from the

property upon completion of a day’s work and no machinery shall remain on the above leased

premises overnight and that no work will be accomplished on the leased premises during the hours

of darkness without the permission of the Airport Manager.

12. Lessees agree that there will be no tall crops within 250 feet from the center line of

the runway and 400 feet from the end of runways and 50 feet from the center line of taxiways and at

no time shall equipment and personnel be permitted to cross any runway, taxiway or aircrop parking

area without permission from the Airport Director. Owner shall establish tillage lines pursuant to

this paragraph. Lessees agree to mow ditches as required by local, State or Federal authorizes and

directed by the City of Blue Earth.

13. This lease shall be subordinate to the provisions of any existing or future agreement

between Lessor and the United States relative to the operation or maintenance of the airport, the

execution of which has been or may be required as a condition precedent to the expenditure of

general funds for the development of the airport.

14. As security for the payment of the rents herein specified and the faithful performance

and strict fulfillment of all the covenants of Lessees in this lease contained, Lessees do hereby grant

a security interest to Lessor in all crops grown or growing on the premises during the term of this

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lease and in products and contract rights with respect thereto and all proceeds of each. Upon any

default on the part of Lessees in paying said rent or in performing any of the covenants of this lease,

and at all time thereafter, Lessor shall have, in addition to the rights and remedies granted hereby,

all rights and remedies of a secured party under the Uniform Commercial Code or other applicable

law, and Lessor may require Lessees to assemble the property and make it available to Lessor at a

place to be designated by Lessor that is reasonably convenient to both parties. Expenses of

retaking, holding, preparing for sale, selling and the like, shall include the reasonable attorney’s fees

and legal expenses of Lessor.

15. Lessor and Lessees further agree that this lease will not automatically renew and will

terminate on December 31, 2013.

16. Succeeding Tenant. Lessee(s) agree to allow a succeeding tenant, after crops have

been harvested, to plow or cultivate or otherwise prepare the land for the following year.

17. Fertilization. Tenant is required to apply fertilizer at or above maintenance levels as

set forth by the area Extension Services and in accordance with common local practices. Said

fertilizer shall not be applied to the biosolid application areas as specified herein and shown on the

attached Exhibit “A” or the contaminated soil disposal area as specified herein and shown on

attached Exhibit “A.”

18. Weed Control. Tenant is required to maintain adequate weed control in a husband-

like manner but is prohibited from using chemicals that have a residual effect beyond the term of

this lease.

19. No Hunting. Lessor will post “no hunting” signs around the perimeter of the leased

premises. Tenant shall not grant hunting rights to any third parties in order to protect the Lessor

against potential liability claims arising out of hunting activities.

20. Hold Harmless. The Lessees shall indemnify and hold the Lessor and the property

of the Lessor, including the premises, free and harmless from any and all claims, liabilities, loss,

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damage or expenses resulting from Lessees’ occupation and use of the premises including any

claim, liability, loss or damage arising by reason of the injury to or death of any person or persons

or by reason of damage to any property caused by the condition of the premises, the condition of

any improvements or personal property in or on the premises with the expressed or implied consent

of the Lessees. Duties of the Lessees under the section to indemnify and hold the Lessor and the

property of the Lessor free and harmless from any such claim, liability, loss or damage shall extend

to any claim, liability or loss of damage arising by reason of the injury to or death of (a) Lessees, (b)

any agent, officer or employee of the Lessees, (c) any independent contractor hired by the Lessees

to perform work or render services on the premises.

21. Indemnification of lessor. The Lessor shall not be liable, and the Lessees shall

indemnify, save, hold harmless, and defend the lessor, for any loss, injury, death, or damage to

persons or property which at any time may be suffered or sustained by the Lessees or by any person

whosoever may at any time be using or occupying or visiting the premises, or be in, on, or about the

premises, whether such loss, injury, death, or damage shall be caused by or in any way result from

or arise out of any act, omission, negligence, or intentional misconduct of the lessee or of any

occupant, subtenant, visitor, or user of any portion of the premises or shall result from or be caused

by any other matter or thing whether the same kind as or of a different kind than the matters or

things above set forth, and the Lessees shall indemnify the Lessor against all claims, liability, loss,

or damage whatsoever on account of any such loss, injury, death, or damage. The Lessees hereby

waive all claims against the Lessor for damages to any building and improvements which are now

on or hereafter placed or built on the premises and to the property of the Lessees in, or about the

premises and for injuries to persons or property in or about the premises, from any cause arising at

any time.

The two preceding sentences shall not apply to loss, injury, death or damage arising by

reason of the negligence or misconduct of the Lessor, its agents, or its employees.

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22. This Agreement constitutes the entire agreement between the parties and it is

distinctly understood that no verbal agreement or understanding existing so that the terms hereof

may be contradicted or varied by an oral understanding.

23. Tenant has no obligation to perform fall tillage at the termination of this lease.

IN WITNESS WHEREOF, the parties have hereunto set their hands and seal the day and

year first above written.

CITY OF BLUE EARTH TENANT BY: _______________________ ______________________________ Robert L. Hammond, Jr. Its: Mayor ATTEST: ______________________________ ___________________________ City Administrator STATE OF MINNESOTA SS COUNTY OF FARIBAULT On this _____ day of _____________, 2012, before me, a notary public within and for said County and State, personally appeared Robert L. Hammond, Jr. and Kathy Bailey, to me personally known, who, being each by me duly sworn, did say that they are, respectively, the Mayor and the City Administrator of the City of Blue Earth, the corporation named in the foregoing instrument, and that the seal affixed is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation. ____________________________________ Notary Public STATE OF MINNESOTA SS COUNTY OF FARIBAULT On this _____ day of _______________, 2012, before me, a notary public within and for said County, personally appeared ______________, to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. ____________________________________ Notary Public

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STATE OF MINNESOTA SS COUNTY OF FARIBAULT On this _____ day of _______________, 2012, before me, a notary public within and for said County, personally appeared __________________, to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. ____________________________________ Notary Public This Instrument Drafted by: David F. Frundt FRUNDT & JOHNSON, LTD. 117 West Fifth Street Blue Earth, MN 56013 (507) 526-2177

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Council Agenda Date: 4/7/14

Agenda Heading: New Business Item: First Quarter Donations Information: Attached is the list of 2014 First Quarter Donations received by the City. Action: Motion to accept donations and Second.

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Donations for Council Approval

April 7, 2014

DONATION AMOUNT DONATION DATE DONATION DESIGNATED USE

General Fund

2,000.00$ Fire Dept. Thermo imager camera4.00$ Library library program services

2,500.00$ Senior Center AED for Senior Center20.00$ Senior Center Memorial

300.00$ Senior Center Senior noon meals269.45$ Senior Center coffee fund

5,093.45$ Total General Fund

5,093.45$ Total donations for Council approval, April 7, 2014

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Council Agenda Date: 4/7/14

Agenda Heading: New Business Item: Ordinance 14-01 Brewer On-Sale and Off-Sale Information: Attached is an updated ordinance for the purpose of the Brew Pub on and Off-Sale permits and an image of growlers. These updates became necessary upon review by the State Liquor Commission. Brew Pubs and the serving of “Growlers” or containers of beer for purchase beer that was brewed at the micro establishment and taken off site. This is standard for these micro establishments and allow the beer to be bottled there and taken home for consumption. Action:

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ORDINANCE NO. 14-01 CITY OF BLUE EARTH

AN ORDINANCE AUTHORIZING BREWER ON-SALE AND OFF-SALE MALT LIQUOR SALES IN THE CITY OF BLUE EARTH AND ESTABLISHING A BREWER MALT LIQUOR

SALES LICENSE REQUIREMENT

The City Council of the City of Blue Earth does ordain as follows:

SECTION I.

That a new Subdivision 3 is hereby added to Subsection 420.01 of the Blue Earth City Code stating as follows: Subd. 3. Brewer Malt Liquor License Required. It is unlawful for any person to be a Brewer Malt Liquor manufacturer without a Brewer’s license therefor issued by the State of Minnesota. It is further unlawful for any person to sell Brewer Malt Liquor products as either a retail Taproom or retail (Growler) off-sale liquor within the City or have in his or her possession for sale of said Brewer Malt Liquor products without a license therefor issued by the City.

SECTION II.

That a new Subsection 420.03 is hereby adopted stating the following: 420.03. Brewer Malt Liquor License Fees. The annual license fee for a retail Taproom Brewer Malt Liquor license is the fee specified in the City license fee schedule as set by the Council from time to time, subject to the limitations specified in Section 340A.408, Subd. 2 of the Minnesota Statutes. The annual retail (Growler) off-sale Brewer Malt Liquor license fee is the fee specified in the City license fee schedule as set by the City Council, subject to the limitations specified in Section 340A.408, Subd. 3 of the Minnesota Statutes. The City may not increase the Brewer Malt Liquor license fees without first holding a public hearing on the proposed increase where notice of the hearing has been provided to all affected licensees at least thirty (30) days before the date set for the hearing.

SECTION III.

That a new Subdivision 6 is hereby added to renumbered Subsection 420.03, now 420.04 of the Blue Earth City code stating the following: Subd. 6. Brewer Taproom Malt Liquor Licenses shall be issued to only those persons who are holders of a valid Minnesota Brewer’s License issued by the State of Minnesota.

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SECTION IV.

That a new Subdivision 7 is hereby added to the renumbered Subsection 420.03, now 420.04 of the Blue Earth City Code stating the following: Subd. 7. A license fee for retail (Growler) off-sale malt liquor sales shall be issued only to those persons who have a license from the Minnesota Commissioner of Public Safety to brew no more than 3,500 barrels of malt liquor per year.

SECTION V.

That the renumbered Subsection 420.04, Subd. 1, now Subsection 420.05, Subd. 1 is hereby amended to state the following: Subd. 1. Manufacturer’s or Wholesaler’s Interest in Retail Establishment. A holder of a license as a manufacturer, brewer or wholesaler may not have any ownership in whole or in part in a business holding a retail intoxicating liquor license or non-intoxicating malt liquor license except for retail Taproom malt liquor license holders and retail off-sale malt liquor license holders who may own, in whole or in part, the business and/or premises without restriction.

SECTION VI.

That the current Subsections 420.03, 420.04, 420.05, 420.06, 420.07, 420.08, 420.09, 420.10 and 420.11 are hereby re-numbered as 420.04, 420.05, 420.06, 420.07, 420.08, 420.09, 420.10, 420.11 and 420.12 respectively.

SECTION VII.

This Ordinance shall become effective thirty (30) days after its passage and publication.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BLUE EARTH ON THIS 7th DAY OF APRIL 2014 BY: ATTEST: _______________________________ ________________________ Richard Scholtes, Mayor Kathy Bailey Mayor City Administrator

Seal

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S:\Shared for Web\2014\4-7-14\12.5Ordinance14-01Brewer Malt Liquor Sales.docx

CERTIFICATION

STATE OF MINNESOTA SS COUNTY OF FARIBAULT I, Kathy Bailey, duly appointed and qualified City Administrator of the City of Blue Earth, Minnesota and keeper of the records of the City do hereby certify that I have carefully compared the attached copy and that it is a true and correct copy of the original ordinance passed by the City Council of Blue Earth on the ____________________, 2013 and that I further certify that the seal affixed hereto is the seal of the City of Blue Earth, County of Faribault, Minnesota. _____________________________ Kathy Bailey City Administrator _____________________________ Date Seal

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Council Agenda Date: 4/7/14

Agenda Heading: New Business Item: Resolution 14-04 Amending Fees and Rates Information: Attached is the Resolution 14-04 Amending Fees and Rates. The only changes in fees and rates is the addition of the fees to match the two new brewery ordinances. The fee of Brewer Malt Liquor is set by the State and is based on the volume of beer brewed on site. The Brewer Malt Liquor is the off sale license and to establish this fee I referenced several communities that already had these licenses established. All of them went with the $200.00 fee. The fee is established by the City but cannot be more than the cost to regulate the license. If we should feel costs justify a hirer fee we can change that at a later date. Liquor Licenses are renewed yearly in April or at the opening of a new establishment. Action:

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CITY OF BLUE EARTH RESOLUTION 14- 04

A RESOLUTION AMENDING FEES AND RATES NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BLUE EARTH, MINNESOTA, WHEREAS, the City Council desires to set fees and rates on an annual basis; WHEREAS, the following fees and rates apply as of April 7, 2014: General Licensing and Regulation Peddler and Transient Merchant $60.00 Section 310.03, Subd. 4 one-time license fee, for up to five days.

$115.00 annual license fee.

Solicitor No fee, application required. Retail Sale of Tobacco Products $128.00 annual license Section 320.01, Subd.2. Local Gambling Permit Fee $100.00 annual license Section 330.06

(Maximum set by MN State Statutes 349.16 Subd.8) $15.00 one time license Garbage and Refuse Haulers Section 340.03 $118.00 annual license Dogs & Cats Registration $5.00 360.02, Subd. 2 $50.00 administrative fee for unlicensed animals identified by City or Animal Control Officer. Release Permit (impounded animals) $20.00 first offense. Section 360.01, Subd. 6 $40.00 second offense. $60.00 third offense. Animal Running at Large (Admin. Fine) 360.02, Subd. 1 $50.00 Habitual Barking (Admin Fine) 360.06, Subd. 1 $50.00

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Animal Damage to Property (Admin. Fine) 360.06, Subd. 2 $50.00 Animal Waste (Admin. Fine) 360.06, Subd. 3 $50.00 Reclaiming (impounded animals) $22.00 Section 360.11, Subd. per day for maintenance. Burning of Leaves $10.00 Section370.02 per permit when required. Liquor Licenses 410 Beer Licenses Annual On-Sale Beer License Fee $125.00 410.03, Subd. 1 Annual Off-Sale Beer License Fee this license is not issued (municipal liquor). 410.03, Subd. 2 Temporary Beer License Fee $60.00 410.03, Subd. 3 Section 420 - Intoxicating Liquor and Wine Licenses and Regulations Intoxicating Liquor License Fee $1,859.00 Section 420.02 Brewer Malt Liquor License Fee $500.00 Section 420.04, Subd. 6 (as per State of MN.) Brewer Malt Liquor (Growler) $200.00 420.04, Subd. 7 On-Sale Wine License Fee $200.00 Section 420.10, Subd. 2 (Maximum Set by MN State Statutes 340A.408) Temporary On-Sale Liquor License $36.00 Section 420.11 Club License Fee $128.00 Handling fee for license requests via state with local certification/other licenses not covered $30.00 Section 430.01, Subd. 2 Consumption and Display of Liquor. $128.00 430.02, Subd. 2 2 AM Special License (This license is issued by the State of MN 430.04, Subd. 2 Statutes Chapter 34A)

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Sunday Liquor License $200.00 Section 430.05, Subd.2 (Maximum set by MN State Statutes 340A.504 Sub3b) Nuisances in General Nuisance Affecting Health (Admin. Fine) 500.02 Subd. 1-11 $50.00 Nuisances Affecting Morals (Admin. Fine) 500.03, Subd. 1-6 $50.00 Nuisances Affecting Public Safety (Admin. Fine) 500.04 , Subd. 1-19 $50.00 Trees (Admin. Fine) Subd. 3 $50.00 Accumulations of unused appliances, misc. (Admin. Fine) $50.00 510.02 Failure to cut grass (Admin. Fine) 510.03 $50.00 Burning (Admin. Fine) 510.04, Subd. 1-2 $50.00 Noise (Admin. Fine) 510.05, Subd. 2 G.5 $50.00 Junk Vehicle (Admin. Fine) 520.05 $50.00 Building maintenance (Admin. Fine) 530.04 (1-20) $50.00 Blue Earth City Impound Lot fee $3.00/day Section 520.05 Subd.4 ATV permit ATV permit - Annual $25.00 ATV permit - 7 day $5.00 Section 620.04, Subd. 8 ATV – Fines Operation without a permit $120.00 620.04, Subd. 2 Operation in a prohibited area $120.00

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620.04, Subd. 62. Operating ATV after dusk $120.00 620.04, Subd. 7 Failure to wear helmet under age 18 $120.00 620.04, Subd. 11 Failure to stop at intersection $120.00 Operating in excess of 15 MPH $120.00 Failure to display permit $120.00 Failure to operate in single file $120.00 620.04, Subd. 12 Franchise Fee Payment - Board of Public Works 0.0035 mills per kilowatt hour (per City Charter) Section 710.02 Fixing Rates and Charges for Municipal Utilities. Section 710.03 (controlled by Board of Public Works) Sanitary and Storm Sewer permit fee $1,000.00 Refundable upon inspection. Section 710.05.1.11 Sewer inspection denial of entry surcharge $25/month in addition Section 710.05, Subd. 6 to regular sewer Unlawful Act and Penalties $25.00 monthly fee first Natural/Ground Water Infiltration and Inflow three months. Surcharge Section 720.02, Subd. 3 will increase $25 per

month for each succeeding Three-month interval of noncompliance until it reaches a maximum of $100 per month.

Significant Industrial Users Set by separate resolution. Section 720.02, Subd. 1 (C) (7) Private Wastewater Disposal (MN Rules 7080) Section 720.02, Subd. 2 (D) Permit Required $20.00 Building Sewers and Connections Connection Fee Set in Special Assessment Policy – Section 4(b) Section 720.02, Subd. 2 (E) Sewer hookup fees for all single family dwellings, mobile homes,

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and multiple family dwellings up to and including four-plexes $125.00 per family unit. Sewer hookup fees for multiple family dwellings greater than four-plexes $250.00 Sewer hookup fees for commercial property $250.00 Sewer hookup fees for industrial property $500.00 Water Service Connection Fees Connection Fee Set in Special Assessment Policy – Section 6(b) set by the Board of Public Works. Section 720.03, Subd. 11 Right-of-Way Regulations-Permit Fee (per project) $15.00 Section 800.01, Subd. 4. plus actual engineering fees $15.00 additional administrative fee for work begun prior to receiving a permit. License to Replace Bituminous or Concrete Materials in a Public ROW (for contractors) $55.00 per year Section 800.017, Subd. 3 Boulevard tree permit (Admin. Fine) 820.02, Subd. 2 $50.00 Tree Trimming (Admin. Fine) 820.05 $50.00 LAND USE REGULATION (ZONING) Exterior Storage (Admin. Fine) 1040.02, Subd. 1-2 $50.00 Refuse (Admin. Fine) 1040.03 $50.00 Parking (Admin. Fine) $50.00 1040.07 Charges for Services Recycling Service 1.77 per household per month $20.00 for replacement recycling bin First recycling bin free

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Public Works Services Per rate schedule Administrative Services 5% late fee on invoices over 30 days $5.00 special assessment searches $0.25 per photocopy $2.00 per page fax domestic $3.00 per page fax international $40.00 City Budget $30.00 City Audit $30.00 Comprehensive Plan $115.00 City Code $12.00 City Charter $10.00 Zoning Map (full size) $5.00 Zoning Map (letter size) $1.00 Meeting Agendas $10.00 Council Packet Police Services $5.00 – Picture (if requested) $.25 - Accident Report (local) $.25 – Accident Report (non- local/insurance company) Lockouts - Free Brush Site Fees No fee for regular hours $2.00 for same day return $10.00 return for 24-hrs next business day. $75.00 contractor annual fee Fire Call Charges $750.00 for rural calls $750.00 for city calls $150.00 hour fire truck usage Expense coverage for specialized Services – i.e. HAZMAT, foam, glass/debris/accident cleanup, etc. $100 False Alarm after three (See Resolution 13-07 for

increase to fire call fee) Building Permit Fees Total Value Fee $1.00 to $5.00 $21.00 $501.00 - $2,000.00 $21.00 for the first $500.00 plus $2.75 for each additional $100.00, or fraction thereof, to and including $2,000.00

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$2,001.00 - $25,000.00 $62.25 for the first $2,000.00 plus $12.50 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 - $50,000.00 $349.75 for the first $25,000.00 plus $9.00 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 - $100,000.00 $574.75 for the first $50,000 plus $6.25 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 - $500,000.00 $887.25 for the first $100,000.00 plus $5.00 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 - $1,000,000.00 $2,887.25 for the first $500,000.00 plus $4.25 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $5,012.25 for the first $1,000,000.00 plus $2.75 for each additional $1,000.00, or fraction thereof Other Inspection Fees: 1. Inspections outside of normal business hours……………………. $ 42.00 per hour 2. Reinspection fees assessed under provisions of Section 305.8 …. $ 42.00 per hour 3. Inspections for which no fee is specifically indicated ………….. $ 42.00 per hour 4. Additional plan review required by changes, additions or revisions $ 42.00 per hour 5. For use of outside consultations for plan checking and inspection. Actual Cost Flat Fees: Furnace $40.00 Water Heater $40.00 Fireplace $40.00 Gas Lines $40.00 Unit Heater $40.00 Corn/Wood Burner $40.00 Air Conditioner $40.00 Re-Roofing $40.00 Siding $40.00 Ventilation Systems $40.00 Air and Material Handling Systems $40.00 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BLUE EARTH ON THIS 7th DAY OF APRIL 2014

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_____________________________________ _________________________________ Richard Scholtes Kathy Bailey Mayor City Administrator (seal)

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Council Agenda Date: 4/7/14

Agenda Heading: New Business Item: Ordinance 14-02 Conveyance of Land Information: Attached is a copy of the purchase agreement brought forward by realtor Wade Barslou for the purchase of the lot at 410 N. Grant St. (former Hinshaw demo). The HRA demo program paid for the building demo with HUD funds under the HRA Demo program. The HRA established a price of $5,000 for the lot. The HRA has three demo lots listed with Barslou Realty. The purchase offer is $4,000. The person wishing to purchase is Tim Glanzman. He has placed the $500.00 earnest check with Barslou Realty. Action:

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Council Agenda Date: 4/7/14

Agenda Heading: New Business Item: Resolution 14-03 Declaring Surplus Property Information: See attached resolution for list of Public Works equipment that needs to be declared surplus in order to sell the items. Action:

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CITY OF BLUE EARTH

RESOLUTION 14-3

A RESOLUTION DECLARING PROPERTY SURPLUS AND AUTHORIZING THE SALE OF SUCH PROPERTY

WHEREAS, the City Council declares that the following surplus property:

1987 Chevy S-10 Pickup: VIN 1GCB514E1H2255304 67,270 miles 4cy 5speed 2-door short box

Snow Blower: IH 80 Blower, 7 foot width, 3pt mount, previous damage caused removal of ID tags

Bench Top Blade Sharpener: BG-121 Rotary Blade Grinder, Wahl Enterprises Inc. ½ hp

WHEREAS, the City Council has been recommended by the Public Works Director that these pieces of equipment are no longer used, and; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE EARTH, MINNESOTA:

To authorize the Public Works Director to sell to the highest bidder, the surplus property as listed.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BLUE EARTH ON THIS 7th DAY OF APRIL, 2014 BY: ATTEST:

Richard Scholtes Kathy Bailey Mayor City Administrator (Seal)

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Council Agenda Date: 4/7/14

Agenda Heading: Administrator’s Report Information: All of the Township/Fire Service Contracts have been signed and returned as of last week. I attended the Mosquito Control Program Seminar in Willmar. The notes from the meeting are included with the agenda item of Mosquito Contract. I attended the Concrete Association Annual Awards on March 20 in Allexandria and received out recognition award for the work over three years at the Blue Earth Airport. The contractors had representatives there also from Ulland, SMC and Hoffman Concrete. The HRA is currently taking RFP’s for a new Housing Study. I have received 6 RFP’s. Next week we will begin reviewing and comparing the proposals. I was happy to see so many RFPs. The City had last done a Housing Study in 2003 and the EDA had added their request for the HRA to get us one that contains current information. The Study can be of assistance in receiving grants, in recruiting a developer of housing and of interest to new or expanding business interested in Blue Earth. Insurance for the City went through the annual review last week. This refreshes equipment or land that has been sold to be removed from our policy and adds any new equipment to the schedule of insured property. Our local agent Minn-Iowa reviews the listings with myself and department heads. Our agent also updates us on the LMCIT changes to coverage. The Senior Center received its AED that was obtained through a grant from Ag Star. The staff of the Sr. Center and Library will receive training in the use. It’s a great addition and there will be an opportunity in the future to thank Ag Star at a Council meeting. The new Industrial Park West had a ribbon cutting on April 3 and in spite of wet weather had a good turnout. I would like to thank EDI for allowing the sign placement on their corner property and mention that I think this is a good symbol of the Manufactures of the industrial park working with BEISCO and the EDA to achieve a goal that represents them well. Last week the campground was visited by the State and we were given the green line to finish a few remaining items and receive our campground license. On that same note Public Works Director, Jamie Holland has arranged a contractor to sand blast the restroom floors and epoxy the floors. Once that is complete in the next week and cures, and the weather is steady warm temp. the bathrooms will be reopened for summer.

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Next week the auditor will be here on Tuesday, Wednesday and Friday. We delayed their coming until the Light & Water Board had finished their audit. L&W audit is not complete yet so we hope that there will not be deals again this year in completing our audit prior to bonding and bond review in May and June. The Rain Garden Workshop for 2nd Street will take place on the 29th at the Ag Center at 6:00 p.m. in the evening. Don’t forget the State Demographer is coming to speak with the elected officials and general public on April 24 at 6:30 in the Blue Earth Public Safety room. Please RSVP so we know if attendance will warrant a move to a larger location. Should be very interesting to hear what the rural trends in population are showing. Also Don’t Forget we have the annual Board of Appeals set for April 30 at 4:30 p.m. to allow citizens to meet with the County Assessor’s representatives on their property values.