Grey Eagle City • April 12, 2016

These are unapproved minutes.
The regular meeting of the Grey Eagle City Council was called to order by Mayor Jim Gohman at 7:00 p.m., on the 12th day of April, 2016 in council chambers. Council members present were Thom Muellner, Roland Ahrendt and Joe Arnzen. Council member Ralph Muellner was absent. Also in attendance were Chico Hellmann, Lori Hellmann and guests Bryan Bye, Craig Tschida, Loren Fellbaum, Ken Messer and Romie Gessell.
A motion was made by Roland Ahrendt to approve the amended agenda. A second was made by Thom Muellner and upon vote, with all members voting in favor, motion carried.
A motion was made by Joe Arnzen to approve the minutes of the March 8, 2016 meeting as written. A second was made by Thom Muellner and upon vote, with all members voting in favor, motion carried.
Bryan Bye updated the council on the progress of the preliminary engineering report for the proposed sewer rehab project. Part of the process was to contact the County and State offices regarding the project to see if either entity had any projects that could be incorporated into the project at the same time. Loren Fellbaum stated that Todd County would be interested in doing a project on County Road 102 and County Road 33 within city limits. The county road project would first have to be approved by the Todd County Board of Commissioners before any formal agreement would come to the council for approval. If the county road project moves forward, any portion of that project that falls within the proposed sewer rehab project could be included in the grants. The majority of the costs related to the county road project would be paid by Todd County. Bryan Bye stated that MnDOT has no plans for a project on the State Highway at this time.
Ken Messer was in attendance to ask for a building permit to move in a 30’x20’ garage on his property. Pictures of the garage were presented to the council. The siding would be replaced with steel to match the back shed, and a cement slab would be installed on which to place the garage. The council would like a time frame on when the project would be completed. Ken Messer stated that he wasn’t sure when he would get the garage but thought it would be completed by fall. A motion was made by Thom Muellner to approve the building permit to install a cement slab and move in a 30’x20’ garage. The garage would be set back far enough from Woodman Street that it would not block the view of the road for the neighbors backing out of their driveway safely. Upon a roll call vote, the council voted as follows: Thom Muellner: aye, Roland Ahrendt: nay, Joe Arnzen: aye, Jim Gohman: aye. Motion carried. Upon further discussion, the council determined that work could only take place between the hours of 8:00 a.m., and 9:00 p.m.
Romie Gessell was in attendance to discuss a property split, and requesting approval of creating a subdivision of that parcel. Romie is selling approximately 1.29 acres to the Overland Group for a Dollar General store. A big portion of the current building will be moved off the property and either sold or relocated to another location on the Gessell property. A building permit would be required if the building would be moved to another location on the property. A motion was made by Joe Arnzen to call for a public hearing regarding the subdivision on Tuesday, May 10, 2016 at 6:30 p.m. A second was made by Roland Ahrendt and upon vote, with all members voting in favor, motion carried. Romie is requesting water only for the remaining portion of the building for washing cars as this portion of the building was never connected to the city sewer. The council will discuss the request at the May meeting.
The following water/sewer/maintenance items were discussed:
1. Street sweeping and cleaning of the catch basin for the storm sewer could be done by the City of Sauk Centre, for approximately the same price as last year. A motion was made by Thom Muellner to contract with the City of Sauk Centre for street sweeping and the cleaning of the catch basin. A second was made by Roland Ahrendt and upon vote, with all members voting in favor, motion carried.
2. The dirt pile at Lakeview Cemetery is getting too large and needs to be moved.
3. Once weight restrictions are off, gravel will be placed in the alleys as needed.
4. Chase from Johnson Jet-Line wanted to know if the council would like the sewer mains televised in sections where the roots were the worst. The council felt that we should wait to see if the sewer rehab project takes place before anything more is done.
5. The Council was informed that the insurance company reimbursed the city for everything that was billed by Electric Pump for the lift station repairs.
6. There is a wooden trailer at the ponds that is no longer used. The council decided to sell it for $100.
7. Discussion was held on the bids for crack sealing and seal coating streets that would not be a part of the proposed sewer project. Midwest Asphalt submitted a bid for $2,625 for crack sealing, All Things Asphalt submitted a bid for $2,300 for crack sealing, Asphalt Preservation submitted a bid for $20,159.28 for seal coating and Caldwell Asphalt submitted a bid for $19,320 for seal coating. A motion was made by Joe Arnzen to contract with All Things Asphalt to do crack sealing for the bid price. A second was made by Thom Muellner and upon vote, with all members voting in favor, motion carried.
The council reviewed a copy of the draft ordinance submitted by the City Attorney. The clerk was instructed to contact the City Attorney regarding questions and changes that the council had.
The council discussed abandoned vehicles on vacant city lots as well as some properties that need to be cleaned up. The clerk was instructed to send letters.
A motion was made by Thom Muellner to approve Resolution No. 2016, A Resolution Establishing Limited Clean Up and Property Damage Protection for Sewer Back-ups and Water Main Breaks for Water and Sewer Customers. A second was made by Joe Arnzen and upon vote, with all members voting in favor, motion carried. The resolution is as follows:
Resolution No. 2016-05: Resolution Establishing Limited Clean Up And Property Damage Protection For Sewer Back-Ups And Water Main Breaks For Water And Sewer Customers
Whereas, the City of Grey Eagle (the Governmental Unit) provides water and sanitary sewer services to property within its jurisdiction; and
Whereas, water main breaks may cause water to enter into property causing damage; and
Whereas, blockages or other conditions in the Governmental Unit’s sanitary sewer lines may cause the back-up of sewage into properties that are connected to those Governmental Unit’s sanitary lines; and
Whereas, water main breaks and sewer back-ups pose a public health and safety concern; and
Whereas, it may be difficult to determine the exact cause and responsibility for a water main break or sanitary sewer back-ups; and
Whereas, the Government Unit desires to encourage the expeditious clean-up of properties that have encountered damage from water main breaks and sewer back-ups; and
Whereas, the Governmental Unit desires to minimize the potential of expensive lawsuits arising out of water main breaks and sanitary sewer back-up claims; and
Whereas, the Governmental Unit is a member of the League of Minnesota Cities Insurance Trust (LMCIT); and
Whereas, LMCIT has offered the Governmental Unit limited “no fault” sewer coverage and water main break coverage (No-Fault Coverage) that will reimburse users of the water and sewer system for certain clean-up costs and property damage regardless of whether the Governmental Unit is at fault.
Now Therefore, Be It Resolved,as follows:
The Governmental Unit will reimburse water and sanitary sewer customers for up to $0 of clean-up costs and property damages caused by a water main break or sanitary sewer back-up, regardless of whether the Governmental Unit is negligent or otherwise legally liable for damages, subject to the following conditions:
I. Sanitary Sewer Back-Ups. For Sanitary sewer back-ups:
A. The back-up must have resulted from a condition in the Governmental Unit’s sanitary sewer system or lines and not from a condition in a private line.
B. The back-up must not have been caused by any catastrophic weather or other event which has been declared by the President of the United States to be a major disaster pursuant to 42 U.S.C. 5121-5206, commonly known as the Stafford Act.
C. The back-up must not have been caused by an interruption in electric power to the Governmental Unit’s sewer system or to any Governmental Unit lift station, which continues for more than 72 hours.
D. The back-up must not have been caused by an amount of precipitation equivalent to rainfall amounts which exceed:
• 2.0 inches in a 1-hour period; or
• 2.5 inches in a 3-hour period; or
• 3.0 inches in a 6-hour period; or
• 3.5 inches in a 12-hour period; or
• 4.0 inches in a 24-hour period; or
• 4.5 inches in a 72-hour period; or
• 5.5 inches in a 168-hour period.
E. Neither the Governmental Unit nor LMCIT will reimburse any costs which have been or are eligible to be covered under a property owner’s own homeowners’ or other property insurance, or which would be eligible to be reimbursed under a National Flood Insurance Protection (NFIP) policy, whether or not the property owner actually has NFIP Coverage.
F. The maximum amount the Governmental Unit or LMCIT will reimburse is $0 per building, per years. A structure or group of structures served by a single connection to the Governmental Unit’s sewer system is considered a single building.
II. Water Main Breaks. For water main breaks:
A. Neither the Governmental Unit nor LMCIT will reimburse any costs which have been or are eligible to be covered under a property owner’s own homeowners’ or other property insurance.
B. The maximum amount that the Governmental Unit or LMCIT will reimburse is $0 to any claimant, regardless of the number of occurrences or the number of properties affected.
C. Neither the Governmental Unit nor LMCIT will pay more than $250,000 for water main break damages resulting from any single occurrence. All water main break damage which occurs during any period of 72 consecutive hours is deemed to result from a single occurrence. If the total water main break damage for all claimants in a single occurrence exceeds $250,000, the reimbursement to each claimant will be calculated as follows:
1. A preliminary reimbursement figure is established for each claimant, equal to the lesser of the claimant’s actual damages or $0.
2. The sum of the preliminary reimbursement figures for all claimants will be calculated.
3. Each claimant will be paid a percentage of his or her preliminary reimbursement figure, equal to the percentage calculated by dividing $250,000 by the sum of all claimants’ preliminary reimbursement figures.
III. The Governmental Unit’s determination to make these payments is contingent on and expressly limited to the extent that No-Fault Coverage is in force and available to reimburse the Governmental Unit for the costs set forth herein.
IV. The Governmental Unit retains the right, in its sole discretion, to revoke, rescind, or modify this resolution at any time.
V. The Governmental Unit hereby rescinds any prior resolution providing no-fault sewer back-up coverage and water main break coverage.
In Witness Whereof, the Governmental Unit, by action of its governing body, caused this Resolution to be approved on April 12, 2016.
The Spring Leaf and Brush pick up provided by Tom’s Refuse is scheduled for Friday, April 29, 2016. Leaves should be bagged and twigs should be bundled. No large brush piles will be taken.
The Board of Equalization meeting is scheduled for Monday, April 25, 2016 at 1:00 p.m., in council chambers.
The Bovee Street request was tabled as there were no residents in attendance regarding the request.
A motion was made by Roland Ahrendt to approve summer and fall broadleaf spraying to be done by Terrain Aesthetics. A second was made by Thom Muellner and upon vote, with all members voting in favor, motion carried.
The council reviewed a letter from Todd-Wadena Community Corrections seeking donations for equipment for the Sentence to Serve program. The request was tabled.
Council member Thom Muellner informed the council that the Grey Eagle Burtrum Lions Club would like to donate $10,000 to the City to be used towards the resurfacing of the parking lot owned by the First State Bank of Swanville. The total cost of the project is approximately $20,000 with the First State Bank of Swanville paying the balance. The Clerk was instructed to submit a government request form requesting $10,000 from the Grey Eagle Burtrum Lions Club.
The Clerk was instructed to proceed with delinquent utility bills as allowed by ordinance.
A motion was made by Joe Arnzen to approve the various fund transfers as follows: $17,790 from the Sewer Fund to the Rural Development Debt Service Fund, $6,016 from the Sewer Fund to the Street Improvement Debt Service Fund for 2011, $4,863 from the Water Fund to the Street Improvement Debt Service Fund for 2013, $748.26 from the Fire Fund to the Fire Hall Debt Service Fund, $95.31 from the General Fund of which $31.31 goes to the Water Fund and $62 goes to the Sewer Fund for Fire Hall and Library utilities, and $57.90 from the Sewer Fund to the Sewer Rehab Fund. A second was made by Roland Ahrendt and upon vote, with all members voting in favor, motion carried.
A motion was made by Thom Muellner to approve the payment of the regular bills as listed and to include the payment to Minnesota Power for $2,206.62. A second was made by Roland Ahrendt and upon vote, with all members voting in favor, motion carried.
A motion was made by Roland Ahrendt to adjourn at 9:15 p.m. A second was made by Joe Arnzen and upon vote, with all members voting in favor, motion carried.
The next regular meeting of the Grey Eagle City Council will be held on Tuesday, May 10, 2016 in council chambers.
Lori Hellmann, Clerk