CITY OF MONTEVIDEO CITY COUNCIL PROCEEDINGS December 21, 2015

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1 CITY OF MONTEVIDEO CITY COUNCIL PROCEEDINGS The city council met in regular session Monday, in the council chambers at city hall. Council President Garbe called the meeting to order at 7:00 P.M. with the Pledge of Allegiance. Council members present: Marvin Garbe, Todd Hay, Nathan Schmidt, Karen Nieuwbeerta and Bryce Curtiss (7:25 P.M.) Absent: None. Mayor Debra Lee Fader present. Also present were: City Manager Steven C. Jones, Rodeberg & Berryman Engineer Mike Amborn, City Attorney Janice M. Nelson and City Clerk Glennis Lauritsen. It was moved by Hay, seconded by Nieuwbeerta and unanimously passed to approve the agenda, with the following modifications: MODIFY: 5A) CONSIDER APPROVAL OF VERIFIED CLAIMS FOR THE PERIOD ENDING DECEMBER 18, 2015 IN THE AMOUNT OF $88, $167, Revised amount reflects the following additions/deletions: LIQUOR Locher Brothers, Inc. - Inventory $ 5, Locher Brothers, Inc. - Inventory 10, Madison Bottling Co. - Inventory 1, Madison Bottling Co. - Inventory 9, CABLE Morecom - Program document/technical design 5, MISCELLANEOUS Delta Dental of MN - January premium 2, REFUSE Tostenson, Inc. - November services 57,543.47

2 Page No. 2 UTILITY MN Pump Works - Ashmore Lift Station Work 11, MN Pump Works - Smith Addn. Lift Station Work 2, (2016 projects - estimates only at this time) MODIFY: 7G) CONSIDER AUTHORIZING BUSINESS AND LIQUOR LICENSES FOR Updated listing provided. MODIFY: 7L) CONSIDER RESOLUTION ACCEPTING GIFTS/GRANTS FROM VARIOUS ORGANIZATIONS AND INDIVIDUALS. Corrected resolution provided. It was moved by Schmidt, seconded by Hay and unanimously passed to approve the minutes of the regular meeting of December 7, 2015, as presented. 4. Notices/Communications/Announcements or Appearance of Interested Citizens. 4(A) INTRODUCTION - POLICE OFFICER CARMEN BENINGA. Police Chief Adam Christopher introduced Police Officer Carmen Beninga, hired fulltime as of 12/21/15. Mayor Fader administered the Oath of Office to Beninga. 5. Consent Agenda. It was moved by Nieuwbeerta, seconded by Schmidt and unanimously passed to approve the following consent agenda items: 5(A) VERIFIED CLAIMS FOR THE PERIOD ENDING DECEMBER 18, 2015 IN THE (MODIFIED) AMOUNT OF $167, Public Hearings. - None.

3 Page No General Business. 7(A) 2016 GOVERNOR S PHEASANT HUNT OPENER. The state has asked the Chamber of Commerce to take over management of the 2016 Governor s Hunt and the Chamber has agreed. They have asked the city to act as fiduciary agent. An agreement was prepared for consideration by the council. It was moved by Nieuwbeerta, seconded by Hay and unanimously passed to authorize the mayor and city manager to execute the 2016 Governor s Hunt Revenue & Expenditure Requirements agreement, as presented. 7(B) 2015 AUDIT TERMS. Nancy Aagesen, Dana F. Cole & Company, LLP, was on hand to present their engagement letter outlining audit terms and fees for the 2015 audit. The increase in fee is 3.0%, which is $ The audit fee for 2015 is proposed at $24,200. It was moved by Hay, seconded by Schmidt and unanimously passed to authorize the mayor and city manager to execute the engagement letter, as presented. 7(C) PURCHASE OF USED CHASSIS/NEW SANDER UNIT. Public Works Director Greg Schwaegerl was on hand to discuss a request for a used chassis/new sander box for use in the public works department. Schwaegerl explained that there is $60,000 available in the 2016 Capital Budget for equipment purchases. He is recommending two separate purchases - a 2007 International chassis from Olson & Johnson International, Inc., in the amount of $26,500 and a Monroe Vee Box Sander from Crysteel Truck Equipment in the amount of $23, Schwaegerl further explained that by taking the existing oil distributor off of a 1971 chassis and using the 1997 chassis from the existing sander instead, all of the new equipment can be purchased for under $50,000 (a cost savings of $10,000). The 1971 chassis and old sander unit would then either be sold on MinnBid or traded in. Even though the Olson & Johnson quote is higher than the quote from Kohls-Weelberg Ford, it is the more desirable quote inasmuch as there are less miles on the chassis from Olson & Johnson; better tires; and, it is equipped with a differential lock. City Attorney Janice Nelson confirmed that this is sufficient reason to go with the higher quote.

4 Page No. 4 Schwaegerl added that both of these purchases would be made in 2016, for delivery in the spring. It was moved by Nieuwbeerta, seconded by Hay and unanimously passed to authorize the purchase of both pieces of equipment, as recommended by staff. 7(D) OPTIONAL 2:00 A.M. CLOSING - GROAT S. Groat s, Inc., 309 South 1 st Street, wishes to submit a renewal application to the State of Minnesota for the optional 2:00 A.M. closing of their liquor establishment. The application must first be approved in an official meeting by the governing body of the city approving the sale of alcoholic beverages until 2:00 A.M. Their current permit expires 1/24/16. It was moved by Schmidt, seconded by Nieuwbeerta and unanimously passed to approve the renewal. 7(E) $2,000 PLANNING GRANT (MAP). On behalf of the Montevideo Arts Project (MAP), the Upper Minnesota Valley Regional Development Commission (RDC) has applied for a $2,000 planning grant from the Southwest Minnesota Arts Council. The grant will help in planning for the Rail Car Project. It was moved by Hay, seconded by Schmidt and unanimously passed to authorize the mayor and city manager to execute the Art Legacy Planning Grant Award Contract, as presented. 7(F) 2016 COUNCIL MEETINGS. NATHAN SCHMIDT OFFERED RESOLUTION NO. 3327, A RESOLUTION FIXING TIME AND PLACE FOR REGULAR CITY COUNCIL MEETINGS FOR CALENDAR YEAR 2016, AND MOVED ITS ADOPTION. MOTION FOR ADOPTION OF RESOLUTION NO WAS SECONDED BY KAREN NIEUWBEERTA. THOSE VOTING IN FAVOR OF MOTION: NATHAN SCHMIDT, KAREN NIEUWBEERTA, TODD HAY AND MARVIN GARBE. THOSE VOTING AGAINST MOTION: NONE. RESOLUTION PASSED 4-0.

5 Page No. 5 7(G) 2016 BUSINESS & LIQUOR LICENSES. It was moved by Nieuwbeerta, seconded by Hay and unanimously passed to authorize the issuance of the following 2016 business and liquor licenses, contingent upon all deficiencies being eliminated. Key: (1) = Application not returned - NOT LICENSED FOR 2016 (2) = Incomplete application. (3) = Proof of Insurance needed (4) = Menu needed (restaurants) (5) = Food license needed (restaurants) (6) = Payment needed LIQUOR ON-SALE (3-2A-2: $1,500 Fee/Liq.Liab./Worker s Comp./Food License/Menu) 16-1 Groat s, Inc., DBA/Groat s None 16-2 Frommel, Inc., DBA/Topper s Bar & Grill None 16-3 Inn Like Flinn, Inc., DBA/Inn Like Flinn None 16-4 Henning-Erickson VFW Post #380, Inc. None 16-5 American Legion Post #59 None ON-SALE WINE (3-2C-2: $265 Mon-Sat.; $70.00 Sunday Only/Liq. Liab./Worker s Comp/Food License/Menu.) 16-6 Valentinos s Restaurant (Monday-Saturday) (5) 16-7 Java River (Monday-Saturday) (5)

6 Page No PERCENT MALT LIQUOR ON SALE (3-2B-2: $ Fee/Sunday Fee $70.00/Liq. Liab./Worker s Comp/Food License/Menu, when applicable) 16-8 Montevideo Business Association, LLC, DBA/Mel ody Lanes Bowling None Center (& SUNDAY ON-SALE) 16-9 Inn Like Flinn, Inc., DBA/Inn Like Flinn (SUNDAY ONLY) None Valentino s Restaurant (MONDAY-SATURDAY) (5) (In conjunction with a wine license, strong beer is allowed.) Java River (Monday-Saturday) (5) Henning-Erickson VFW Post #380 for Racetrack Concessions None (Special Event - Monday-Saturday during the racing season) (This license application is on-hold pending the result of the bid process being conducted by the Racing Association. The license would only be issued if the VFW is the successful bidder.) 3.2 PERCENT MALT LIQUOR - OFF SALE (3-2B-3: $70 Fee/Liq. Liab./Worker s Comp.) Casey s Retail Company, DBA/Casey s General Store #3269 (7 th Street) None Inn Like Flinn, Inc., DBA/Inn Like Flinn None Casey's Retail Company, DBA/Casey s General Store #1806 (1 st Street) None Casey's Retail Company, DBA/Casey s General Store #2085 (Benson Road) None Wal-Mart Stores, Inc., DBA/Wal-Mart Supercenter #1858 None SET-UP LICENSE (3/31/16 to 3/31/17) ($80.00 Fee/Liq. Liab. & Work. Comp. Insurance and copy of State License.) Montevideo Business Association, LLC, dba/mel ody Lanes Copy of State License Bowling Center, Inc Inn Like Flinn, Inc. Copy of State License

7 Page No. 7 CIGARETTE LICENSE ( 3-5-2: $ Fee/Worker s Comp.) Dooley s Petroleum, Inc., DBA/Dooley s Handistop of Monte (3) City of Montevideo, DBA/Fiesta City Liquor None Wal-Mart Stores, Inc., DBA/Wal-Mart Store #1858 None Coborn s, Incorporated None Casey s Retail Company, DBA/Casey s General Store #3269 (7 th Street) None Farmer s Union Oil Co., DBA/CENEX (124 W. Nichols Avenue) (3) Bill s Foods, Inc., DBA/Bill s Supermarket None Casey's Retail Company, DBA/Casey s General Store #2085 (1206 Benson Road) None Casey's Retail Company, DBA/Casey s General Store #1806 (418 S. 1 st Street) None Farmer s Union Oil Co., DBA/CENEX C-STORE (2402 E. Hwy 7) (3) Farmer s Union Oil Co., DBA/CENEX C-STORE (603 Hwy 212 W.) (3) REFUSE/RUBBISH HAULING LICENSE (4-2-7: $40 Fee/Bond/Public Liab. & Property Damage Ins./Worker s Comp.) Lonny Tostenson, DBA/Tostenson, Inc. None 7(H) BAD DEBT WRITE-OFF. It was moved by Schmidt, seconded by Hay and unanimously passed to authorize the following items to be written off as uncollectible/bad debt: Description Date of Service Location Amount Rescue Call 7/08/2014 Highway 7/59 $ Rescue Call 3/30/2014 C.R. 42/Highway Fire Call 01/01/ Brenda Lane (I) BOARDS/COMMISSION APPOINTMENTS. It was moved by Nieuwbeerta, seconded by Hay and unanimously passed to make the following appointments to the various boards and commissions:

8 Page No. 8 (I) = Incumbent. Board of Health 1-year term to December 31, 2016 Planning Commission 3-year term to January 2019 Airport Commission 2-year term to January 2018 Dr. Thomas Birkey (I) Adam Christopher (I) Steve Jones (I) Matt VanGorp (I) Lonnie Bork Todd Hay (I) Tom Birkey (I) Hospital Commission 3-year term to 12/31/18 Mark Rekow (I) Traffic Safety Improvement Committee 1-year term to December 31, 2016 Cable Advisory Board 3-year term to 12/31/2018 Marv Dehne (I) Jim Curtiss (I) Lyle Henning (I) Daniel Sanborn (I) Marv Dehne (I) Housing Commission 3-year term to 12/31/2018 Kevin Thompson (I) Convention & Visitor s Bureau 2-year term to 12/31/2017 Steve Birkey Building & Housing Advisory Appeals Board 3-year term to 12/31/2018 Arland Bebensee (I) Council member Bryce Curtiss arrived at 7:25 P.M. It was moved by Hay, seconded by Schmidt and unanimously passed to make the following appointments to the Police Civil Service Commission:

9 Page No. 9 Scott Marquardt - three-year term expiring January 2019 Chris Weber - two-year term expiring January (J) COUNCIL MEMBER APPOINTMENTS TO BOARDS/COMMISSIONS. It was moved by Schmidt, seconded by Curtiss and unanimously passed to reappoint council members to the following various city or community boards/commissions: Board/Commission Incumbent Length of Term MCDC Nathan Schmidt term expires 12/31/17 Joint City/County Airport Todd Hay term expires 12/31/16 Zoning Board Karen Nieuwbeerta term expires 12/31/16 Chippewa County Historical Society Debra Lee Fader term expires 12/31/18 County Planning Commission Nathan Schmidt term expires 12/31/18 (Limit of three consecutive 3-year terms) (2 nd term) County Elected Officials Comm. Debra Lee Fader term expires 12/31/16 7(K) 2016/2017 MOTOR FUEL QUOTES. Quotes for motor fuel have been solicited from local vendors, with one quote submitted by Farmer s Union Oil Company (Cenex). Staff has reviewed the quote and recommends accepting the quote, as submitted. It was moved by Nieuwbeerta, seconded by Hay and unanimously passed to accept the quote of Cenex, as submitted.

10 Page No. 10 7(L) GIFTS/GRANTS. The following gifts/grants have been received by the city: Name Description Amount/Value American Legion Post #59 Gambling Acct. Ambulance Equipment/Maintenance $ 6, Montevideo Area Foundation Grant MAP Project/Rail car 1, Quality Line Company Vets Home Project SW MN Arts Council Planning Grant MAP Project 2, BRYCE CURTISS OFFERED RESOLUTION NO. 3328, A RESOLUTION ACCEPTING GIFTS/GRANTS, AND MOVED ITS ADOPTION. MOTION FOR ADOPTION OF RESOLUTION NO WAS SECONDED BY TODD HAY. THOSE VOTING IN FAVOR OF MOTION: BRYCE CURTISS, TODD HAY, NATHAN SCHMIDT, KAREN NIEUWBEERTA AND MARVIN GARBE. THOSE VOTING AGAINST MOTION: NONE. RESOLUTION PASSED Ordinances. - None. 9. Discussion and Miscellaneous. - None. Meeting adjourned at 7:34 P.M. Glennis A. Lauritsen, Secretary Approved by council January 4, 2016: Marvin E. Garbe, President