Minutes of the regular January 27, 2009 Motley City Council meeting

REGULAR MEETING - MOTLEY CITY COUNCIL

MOTLEY MN January 27, 2009

Pursuant to due call and notice thereof, Mayor Alexander called the meeting to order at 7:00 p.m. with the following council members present: Nancy Nieken and Rob Sampson. Rena Underhill and Duane Solga arrived during the Pledge of Allegiance. The meeting took place at city hall.

The following persons were present for all or part of the meeting: Brian Madison; Troy Davis; Bruce Mills; Cliff Goodwater; Lydia Goodwater; Bruce Brotherton; Dawn Timbs; TomZetah; Ervin Bjerga; Marvin Swecker; Duane Strack; Ron Starke; Harry Meyer; Steve Johnson; Mitch Tavares and Amy Mattison.

The pledge of allegiance to the flag was given.

Additions to the agenda were 1) Sealed Bid Opening-Dodge Intrepid & 2) Old Methodist Church Building.

Nieken moved, with a second by Sampson, approving the consent agenda as follows:

A.  Outstanding bills – Claim # 4948 - 4966

Check # 25499 – 25526

Check # 12632 – 12643

B.  Minutes of the Special January 6, 2009 meeting

C.  Minutes of the Regular January 13, 2008 meeting

D.  Employee Leave Report

Solga, Underhill, Nieken, Alexander and Sampson voted aye, none nay. The mayor declared the motion carried.

Members of the Motley Historical Society were present requesting permission to construct a small bell tower for the 1918 school bell to be housed at Veteran’s Memorial Park. The cost of construction and maintenance will be paid for by the Historical Society. They have spoken to the American Legion and will meet with Wayne Barros, Parks Committee Chair and will send a letter back to the City.

Sampson has been working with CGI and Mike and Sandy Lorber regarding the former Get Fit building. Zoning currently allows for housing but retail sales are an excluded use. Sampson talked of a “Mixed Use” zone to put a buffer between residential and commercial, to blend the two zones together. Sampson expressed that the solution for this applicant should be a long term solution. Alexander asked about a variance. The item was sent to Planning and Zoning Commission.

February 21, 2009, 10:00 a.m. at the Countryside Restaurant was chosen for a Council Work Session to discuss the following items:

~  Building Codes and Official.

~  Legal Newspaper.

~  Changing council meeting time and frequency

~  Fee Schedule

Smith presented tobacco and liquor license fees from other cities. The City of Motley fees are comparable.

Alexander moved, with a second by Solga, to leave the existing tobacco license fee’s the same. Nieken, Alexander, Solga, Underhill and Sampson voted aye, none nay. The mayor declared the motion carried.

Sampson moved, with a second by Nieken, to approve the renewal of existing tobacco and 3.2 licenses with the 3.2 liquor license fee’s remaining the same as well. Nieken, Alexander, Solga, Underhill and Sampson voted aye, none nay. The mayor declared the motion carried.

Smith asked if the council had any attorney’s in particular that they would like RFP’s sent to and said that the process couldn’t go forward until there was a solution to the appointment of the legal newspaper debate. The process will go forward after the issue is resolved.

Sampson moved, with a second by Solga, appointing Peter Vogel as City Attorney. Nieken, Alexander, Solga, Underhill and Sampson voted aye, none nay. The mayor declared the motion carried.

Sampson moved, with a second by Alexander, to accept the resignation of Fire Fighter Ron Stoltz effective December 31, 2008 with regrets. Nieken, Alexander, Solga, Underhill and Sampson voted aye, none nay. The mayor declared the motion carried.

Davis presented and asked for approval of an amendment to the Relief Association By-Laws. The amendments requested are as follows:

~  Change length of service calculations from year to year and months.

~  Changes to be politically correct….he/she, fireman/firefighter, etc.

~  From 4 trustees to 2 trustees.

Smith presented examples of past years that the City of Motley was required to contribute extra due to a shortage in the Relief Associations investments. Sampson expressed that he feels it would be equitable to change the service calculations however was concerned about the past required contributions.

Alexander moved to accept the changes to the Motley Fire Department Relief Association By-Laws as presented. The motion did not receive a second.

Sampson requested the item be tabled so everyone would have a chance to review the information. Davis stated that the decision needed to be made tonight as the changes would be due to be received by the state shortly.

Sampson moved, with a second by Nieken, to accept the politically correct and trustee changes only with the length of service calculations remaining at “year”. Solga, Nieken and Underhill voted aye, Alexander and Sampson voted nay. The mayor declared the motion carried.

Smith asked for permission to pay an invoice from Price Fire and Rescue Equipment. Early approval and payment would result in a savings of $328.50.

Solga moved, with a second by Alexander, to pay the invoice from Price Fire and Rescue Equipment in the amount of $2,956.50 after savings. Nieken, Alexander, Solga, Underhill and Sampson voted aye, none nay. The mayor declared the motion carried.

The Tort Liability Waiver was presented.

Nieken moved, with a second by Alexander, choosing “Do Not Waive” on the Tort Liability. Nieken, Alexander, Solga, Underhill and Sampson voted aye, none nay. The mayor declared the motion carried.

Smith explained that Unity Bank had made a presentation of Remote Deposit Capture. The device would allow deposits to be done up to 3 times per day from the office without going to the bank. This would cut down on time for deposits, help to avoid insufficient fund checks and interest would accumulate immediately. Unity Bank will provide the equipment and software at no cost, reimburse for costs associated with recently ordered checks and service and processing fees will be waived for 6 months. Accounts with a balance over $100,000.00 are not subject to service and processing fees. It would require the checking account to be moved to Unity Bank to a Public Funds Account at 1.5% Rate with an APY of 1.51% with free check images available. Updates will be provided at no cost to the City of Motley and they will come to our location.

Sampson moved, with a second by Nieken, to move the checking account and to enter into an agreement with Unity Bank. Nieken, Alexander, Solga, Underhill and Sampson voted aye, none nay. The mayor declared the motion carried.

Alexander and Davis expressed concerns regarding the current burning restrictions in December, January, February, June, July and August. They proposed following the guidelines followed by the DNR.

Alexander moved, with a second by Solga, to follow burning restrictions and guidelines the same as the DNR. Nieken, Alexander, Solga, Underhill and Sampson voted aye, none nay. The mayor declared the motion carried.

Wayne Barros and Bruce Brotherton requested permission to attend a Water/Wastewater Conference from March 3 through March 5, 2009 in St. Cloud. The cost is $160.00 each plus meals and motel. Nieken asked if there are additional sessions of this same thing as there is still the possibility of snow in March. It was decided that they could always come back if needed.

Alexander moved, with a second by Sampson, approving the conference as requested. Nieken, Alexander, Solga, Underhill and Sampson voted aye, none nay. The mayor declared the motion carried.

Alexander moved, with a second by Sampson, to adjourn the meeting. The meeting was duly adjourned at 8:40 p.m.

Realizing the need to open the sealed bids for the Dodge Intrepid, Mayor Alexander called an Emergency Meeting to order at 8:41 p.m. with the following council persons present: Underhill, Alexander, Sampson, Solga and Nieken. Also present: Dawn Timbs and Bruce Brotherton.

Sealed bids were opened and read as follows:

  1. Wayne Barros $ 610.00
  2. Robert Kauman $ 502.00
  3. Michael Weyer $ 600.00

Sampson moved, with a second by Nieken, to accept the bid of Wayne Barros in the amount of $ 610.00. Nieken, Alexander, Solga, Underhill and Sampson voted aye, none nay. The mayor declared the motion carried.

Sampson moved, with a second by Alexander, to adjourn the meeting. The meeting was duly adjourned at 8:45 p.m.

Terri Smith

Clerk Treasurer

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