Minutes of the regular September 13, 2006 Motley City Council meeting

REGULAR MEETING - MOTLEY CITY COUNCIL

MOTLEY MN September 13, 2006

Pursuant to due call and notice thereof, Mayor Pat O’Regan called the meeting to order at 7:00 p.m. with the following council members present: Betty Starke, Nancy Nieken, Bruce Mills and Larry Holub. The meeting took place at city hall.

The following persons were present for all or part of the meeting: Lee Bundy; Jeff Weitemier; Dawn Timbs; Chris Sonmor, Widseth Smith Nolting; Lydia and Cliff Goodwater and Pam Swanson.

The pledge of allegiance to the flag was given.

Nieken moved, with a second by Starke, to approve the consent agenda, as follows:

A.  Outstanding bills – Claim # 3136-3173

Check # 23708-23735

Check # 11931-11946

B.  Minutes of the Regular August 22, 2006 meeting

C.  Employee Leave Report

D.  Vacation request – Brian Madison – Oct 17th – 28th , 2006

Mills, Starke, O'Regan, Holub and Nieken voted aye, none nay. The mayor declared the motion carried.

Mills moved, with a second by Holub, to accept Widseth Smith Nolting’s proposal for Beaulieu St W. as presented. Mills, Starke, O'Regan, Holub and Nieken voted aye, none nay. The mayor declared the motion carried.

Building Official, Pam Swanson explained to the council that she would like to replace her regular business hours with a toll free telephone number beginning in October. There were no objections from the council.

The clerk explained the Emergency Preparedness Administration Calling Tree stating that the Clerk Treasurer would be the initial contact. She would in turn call the mayor and they each would then call two council members as designated. The police, fire and utilities departments will have a calling tree specific to their departments

Holub stated that the Emergency Management Committee will be bringing a flyer on storm shelters to the city council to be placed in with the spring city wide mailing.

Pictures of property located at 381 – 3rd Ave S taken by Bundy were reviewed for public nuisance. Complaints of unkempt buildings and animals living in, under and around them have been received.

The mayor recessed the regular meeting and called the public hearing regarding a Rental Housing Ordinance to order at 7:30 p.m.

There were no persons present wishing to be heard regarding the ordinance.

The mayor closed the public hearing and reconvened the regular meeting at 7:33 p.m.

Nieken moved, with a second by Holub, to adopt Ordinance #162 as the Rental Housing Maintenance Code of the City of Motley. (A copy of the ordinance is attached to the clerk’s records at city hall.) Upon roll call vote Mills, Starke, O'Regan, Holub and Nieken voted aye, none nay. The mayor declared the motion carried.

Swanson explained that the committee consisting of two council members, several rental property owners and Swanson had met to review the proposed rental housing ordinance. Several changes were made to the original document regarding inspections of rental housing. Swanson stated that the group made proposed revisions that made it less restrictive on existing rental properties. Any rental properties that are registered with the City of Motley within the first six (6) months of the adoption of the ordinance will be grandfathered in on existing units. All units will be inspected once initially and then it will be done if there are issues with the health department or if city hall has received a complaint regarding the property.

Discussion resumed regarding the condition of property located at 381 3rd Ave South.

Holub moved, with a second by Starke, to declare the two (2) out buildings, garage, weeds and grass located at 381 3rd Ave South a public nuisance. The clerk informed the council that because the property is in the process of foreclosure, until the time period for reclaiming the property has lapsed, there will be limitations as to what can be done with the property. At this point the outbuildings cannot be removed by anyone other than the former occupants. Further discussion was delayed.

Mayor O’Regan recessed the regular council meeting and called the public hearing on Contractor Registration Ordinance #163 to order at 7:45 p.m.

Swanson asked that a change be made on the application for registration under the Requirements for State Licensed Contractors Section from $100,000 to $300,000 for property damages.

There were no other persons present wishing to be heard regarding the Contractor Registration Ordinance.

Mayor O’Regan closed the public hearing and reconvened the regular meeting at 7:50 p.m.

Nieken moved, with a second by Starke, to adopt Ordinance #163, an ordinance requiring contractor registration with the City of Motley. (A copy of the ordinance is attached to the clerk’s records at city hall.) Upon roll call vote. Mills, Starke, O'Regan, Holub and Nieken voted aye, none nay. The mayor declared the motion carried.

Swanson stated that the registration is an annual requirement and all registration will be handled by the building official.

Discussion resumed regarding the nuisances at 381 3rd Ave South. Councilmember Mills asked Chief Weitemier why the police department is not handling this because ordinance enforcement is part of the police chief’s job description. Mills expressed frustration at the fact that this same property has been an ongoing problem for three (3) years and we don’t seem to be getting anywhere. Weitemier replied that it is a civil ordinance that has the guidelines necessary to take care of the violation. There was no action taken on the previous motion regarding this property.

Holub moved, with a second by Starke, directing Bundy to mow the property after Smith has contacted the attorney’s office that is handling the foreclosure to get clarification on where they are in the foreclosure process and what the plans are to abate the nuisances on this property. Mills, Starke, O'Regan, Holub and Nieken voted aye, none nay. The mayor declared the motion carried.

Holub moved, with a second by Mills, to accept the resignation of Fire Fighter John Brichacek with regrets. Mills, Starke, O'Regan, Holub and Nieken voted aye, none nay. The mayor declared the motion carried.

Bundy informed the council that there are three (3) problem areas with the sewer lines in the city. They are as follows:

  1. Line between Cedar and Birch Streets West-there was a lot of sand when they did the jetting but he has delayed the televising of the line.
  2. In front of NW Transit-large volumes of sand. The plan is to clean the sand out next year and then televise to see where the break is.
  3. Lift Station #5-behind the school. There is clean ground water running into the lift station. It will be a minimum of $800.00 to bring Ritter and Ritter in to televise this line. It will be monitored over the winter and televised in the spring.

Bundy would like to install a stop sign at the intersection of Pine Ave and Main Street. Now that there is traffic from the compost site it is more congested.

Holub moved, with a second by Mills, to install two stop signs on Main Street East as it intersects with Pine Ave. Mills, Starke, O'Regan, Holub and Nieken voted aye, none nay. The mayor declared the motion carried.

There will be a Lawn and Leaf Day at the end of October and the compost site will be open until the road is impassable.

Bundy informed the council that he would like to purchase a hoist. One of the main purposes for the equipment would be to lift the pumps from the lift stations for repair and replacement. The clerk will bring numbers to the next council meeting reflecting how much it costs the city to hire a company to travel here to remove the pumps and repair them.

Weitemier informed the council that there will be training at the sheriff’s department for felony stops and the use of stop sticks. He also stated that it is not his understanding that he is responsible for the enforcement of all city ordinances.

Bundy was instructed to take photos of the Bjerga Feed Store property for nuisances that they were given an extension until the end of July to clean up. He will bring these photos to the next city council meeting.

O’Regan moved, with a second by Starke, to appoint Lee Bundy as Safety Coordinator for the City of Motley. Mills, Starke, O'Regan, Holub and Nieken voted aye, none nay. The mayor declared the motion carried.

A letter given to the council was reviewed regarding a request from Sprinkle Sprout Garden Club for trash receptacles to be placed at Veteran’s Memorial Park. The clerk will contact the club to see what type of receptacle, where it would be placed and who would be responsible for the costs incurred for the receptacle and bring it back to the next council meeting.

Cliff Goodwater expressed concerns about the proposed rate increase for sewer only customers. He stated that he understands the need for an increase but feels that the sewer only customers will experience a higher increase than users with water and sewer. As the clerk didn’t have the spreadsheet at the meeting, she encouraged Goodwater to come to city hall so they could discuss the rates.

Weitemier will check out a report of a light on the side of the ElRay Travel Plaza that shines in the eyes of travelers on the highway.

Holub moved, with a second by Nieken, to adjourn the meeting. The meeting was duly adjourned at 9:50 p.m.

Terri Smith

Clerk Treasurer

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