Pursuant to due call and notice thereof, a City Council Meeting was duly held in the City Council chambers at 7:00 p.m. on the 9th day of May 2023. The meeting was called to order by Mayor Henke.
The following members were present: Mayor Doug Henke, Council Members Kim Helgeson, Lee Sjolander, Mary Bailey, Molly Ryan (left at 7:45 pm)
Absent: None
Also, present: City Administrator Mark Vahlsing, Police Chief Jeff Sjoblom, Attorney Scott Riggs, Administrative Assistant Linda Bean, Public Works Director Wayne Ehrich, Cal Bean, Ed Doyle, Mrs. Doyle
The meeting opened with the Pledge of Allegiance.
CITIZEN COMMENT
Ed Doyle addressed the Council on his opinion on the clean-up and the abatement order on the 1 Langford property. He felt that the property owner had met the conditions of the abatement order.
ADOPT AGENDA
Motion by Ryan second by Bailey to approve the agenda. Motion carried 5-0-0.
CONSENT AGENDA
Motion by Sjolander second by Bailey to approve the Consent Agenda, which includes payment of check numbers, 74760 through 74858; 4502E through 4533E.
Motion carried 5-0-0.
PRESENTATIONS/PUBLIC HEARINGS/RECOGNITIONS/PROLAMATIONS
ENGINEERING
2023 Street Improvement Summary
Engineer Olinger provided on update on the status of the Street Improvement Project. He reported that the 2023 street improvement final plans are complete and have been reviewed with public works. The plans are ready to advertise for bids.
Resolution 2023-09: Approving Plan and Specifications and Ordering Advertisement for Bids 2023 Street Improvements
Motion by Bailey, second by Ryan to adopt Resolution 2023-09. Motion carried 5-0-0.
Pearl Creek Sanitary Sewer Improvements
Engineer Olinger provided on update on the status of the stated that plans for the Pearl Creek Sewer project are complete and ready to advertise for bids.
Update on Easements for Project
Engineer Olinger updated the council on the progress of gaining easements for the project.
Resolution 2023-10: Approving Plan and Specifications and Ordering Advertisement for Bids 2023 Pearl Creek Sanitary Sewer & Gates Ave Utility Improvements
Motion by Helgeson second by Henke to adopt Resolution 2023-10. Motion carried 5-0-0.
LEGAL
Request for City to relocate alley/ROW - Jeff and Ann Traxler
Attorney Riggs stated that Jeff and Ann Traxler are asking for the City to conduct a land swap of right-of-way area that abuts their property to the west. They are requesting the land area to be traded with the City to help with a planned expansion project of their business. They are also applying for a variance related to the proposed building project. A planning commission meeting to consider the variance will be held in late May.
Request for Reasonable Accommodation – Fence
Attorney Riggs stated that the city received a request for Reasonable Accommodation under the Federal Fair Housing Act (FHA). He stated that under this act the cities are required to make reasonable accommodations for individuals with disabilities. A reasonable accommodation is exception or adjustment to regulations or policies to give persons with disabilities equal opportunity to use their property. In this case the property owner is requesting approval to construct a 6-foot-high fence in the front yard. City Code only allows a maximum height of 3 1/2 feet.
Adopt Reasonable Accommodation Ordinance
Motion by Sjolander second by Ryan to authorize the City Administrator and City Attorney to develop a reasonable accommodation ordinance.
Roll Call Vote: Henke- Aye, Sjolander – Aye, Bailey – Aye, Ryan – Aye, Helgeson - Aye
Motion carried 5-0-0
OLD BUSINESS
Request for Chickens within City Limits
The City Attorney provided examples of Chicken ordinances and applications from neighboring communities. City Attorney Riggs reviewed some options for ordinances.
Councilmen Bailey stated that she supported allowing Chickens in the City with restrictions and permitting.
Councilmen Ryan has concerns with enforcement.
Mayor Henke also had concerns with enforcement but he had seen more communities on League of Minnesota Cities Mayors forum that did allow chickens then didn’t.
Councilmen Sjolander stated that the City Attorney and administrator should write a draft Chicken ordinance.
Motion by Sjolander second by Bailey to authorize the City Administrator and City Attorney to develop a draft application and ordinance. Motion carried 5-0-0
Roll Call Vote: Henke- Nay, Sjolander – Aye, Bailey – Aye, Ryan – Aye, Helgeson - Aye
Motion carried 4-1-0
Molly Ryan left the meeting at 7:45 pm
Solid Waste Hauler Agreement
Administrator Vahlsing stated that the current agreement for Solid Waste hauling with Flom Disposal expires on June 30, 2023. Attorney Riggs developed a new 3-year agreement with Flom Disposal. The new agreement contains increased rates based on CPI increases for the last two years and higher tipping fees at the Red Wing Land Fill.
Motion by Henke, second by Bailey to approve 3-year solid waste hauling agreement with Flom Disposal. Motion Carried 4-0-0
Solid Waste Clean-up Day Update
Administrator Vahlsing stated that a spring clean-up day is scheduled at for Saturday, May 20 from 9:00am to 12:00 pm. at the pool parking lot. The event is open to City residents.
NEW BUSINESS
Approve Memorial Day Parade Permit for May 29, 2023
Mayor Henke stated that the annual Memorial Day parade is going to go down 2nd Street ending with a ceremony at the cemetery.
Motion by Henke, second by Bailey to approve the Memorial Day Parade permit for May 29, 2023.
Motion carried 4-0-0.
LMCIT Liability Coverage Waiver
City Attorney Riggs stated that the City Council is required to decide whether to waive the liability insurance limits. State statutes limit a city’s tort liability to a maximum of $500,000 per claimant and $1,500,000 per occurrence. These limits apply whether the claim is against the city, against the individual officer or employee, or against both. Cities can choose to waive the state liability limits. Cities can purchase additional insurance coverage up to $3,000,000 annually.
Motion by Sjolander seconded by Helgeson not to waive the LMCIT State Liability limits.
Motion carried 4-0-0.
Schedule of Upcoming Meetings
KMU Meeting: Tuesday, May 16th @ 4:00 p.m.
City Council Meeting: Tuesday, June 13th @ 7 p.m.
COUNCIL AND STAFF GENERAL COMMENTS
Councilmen Sjolander thanked Public Works Superintendent Ehrich and Police Chief Sjoblom
for their recent work.
Councilmen Helgeson discussed the upcoming Farmers Market.
City Administrator Vahlsing welcomed new Finance Director Kelly Perry and thanked Deputy Clerk/administrative assistant Holli Gudknecht, Administrative Assistant Linda Bean and Sue Dodds for their work in the interim of the hiring of a new finance director.
Chief Jeff Sjoblom stated that the city had been awarded a grant for new defibrillator units.
Motion by Helgeson second by Bailey to adjourn the meeting at 8:05p.m.
Motion carried 4-0-0.
Mark Vahlsing, City Administrator Douglas Henke, Mayor
