The regular meeting of the Grey Eagle City Council was called to order by Mayor Jim Gohman at 7:00 p.m., on the 13th day of January, 2015 in council chambers. Council members present were Thom Muellner, Ralph Muellner, Roland Ahrendt and Joe Arnzen. There were no council members absent. Also in attendance were Lori Hellmann, Chico Hellmann and guests Scott Hedlund and Jeff Ledin.
Oath of office was given to all newly elected members.
A motion was made by Thom Muellner to approve the amended agenda. A second was made by Ralph Muellner and upon vote, with all members voting in favor, motion carried.
A motion was made by Thom Muellner to approve the minutes of the December 9, 2014 meeting with the following changes: page 1511, item 3 under the water/wastewater/maintenance report: change the word or for of, and change North Lake Street West to Jackson Street East; page 1511, paragraph six, last sentence, change “would is” to “would require”. A second was made by Ralph Muellner and upon vote, with all members voting in favor, motion carried.
A motion was made by Thom Muellner to approve the minutes of the December 15, 2014 special meeting as written. A second was made by Ralph Muellner and upon vote, with all members voting in favor, motion carried.
A motion was made by Thom Muellner to approve the minutes of the December 19, 2014 special meeting as written. A second was made by Ralph Muellner and upon vote, with all members voting in favor, motion carried.
Scott Hedlund and Jeff Ledin from SEH gave a report to the council regarding a Water Tank Maintenance Service program that they offer to the communities they serve. This program covers a wide variety of water system maintenance and improvements. Jeff stated that all work and any maintenance to be done would be for a term the council chooses. In order to get on the State wide project priority list, the council would need to have an engineering report done by May. Chico will discuss the recommendations presented by SEH with Matt and report at the February meeting.
In order to move forward with bringing natural gas to the city, Greater MN Gas is seeking approval from the council to market to the residents to determine if there is enough interest in connection to natural gas. Greater MN Gas also provided the council with a proposed franchise agreement. The Clerk had the city attorney review the franchise agreement and found that the four areas of concern regarding length of the agreement, protective indemnification language, restoration language for projects and maintenance, and reservation for a franchise fee were all included in the proposed agreement.
A motion was made by Joe Arnzen to approve marketing of city residents by Greater MN Gas, with the stipulation that any mailings be done through the clerk’s office to protect the data privacy of the residents. 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 Resolution No. 2015-03, A Resolution Calling for a Public Hearing for a Natural Gas Franchise Ordinance. A second was made by Ralph Muellner and upon vote, with all members voting in favor, motion carried.
The following water/wastewater/maintenance items were discussed:
1. Chico updated the council on water and sewer issues during the past month that included sewer jetting, checking sewer mains for resident issues, and water tower issues.
2. The Council discussed the quote from Johnson Jet-Line for jetting and televising the city sewer mains. It was the consensus of the council to do the entire city at one time and then decide on whether or not to do a four year maintenance agreement. Chico will contact Johnson Jet-Line for more information.
A motion was made by Thom Muellner to purchase and install ten inch steps for the F450 truck for $120 plus labor costs. A second was made by Roland Ahrendt and upon vote, with all members voting in favor, motion carried.
A motion was made by Joe Arnzen to have PJ Signs install the City logo on new truck for $135. A second was made by Ralph Muellner and upon vote, with all members voting in favor, motion carried.
A motion was made by Ralph Muellner to approve attendance at the Minnesota Rural Water Conference in St. Cloud in March for Chico. A second was made by Roland Ahrendt and upon vote, with all members voting in favor, motion carried.
The council discussed work hours for Chico. Due to issues with the water and sewer systems during the recent cold weather, Chico has worked more hours in the two week pay period than what was set at the time he was hired. A motion was made by Joe Arnzen to allow extra hours if needed, without abusing the flexibility of the extra hours, during the “training” period. A second was made by Thom Muellner and upon vote, with all members voting in favor, motion carried.
The council discussed the culvert on Woodman Street North and Jackson Street East. Chico will check with Tim at Eagle Fabricating to see if the cover has been made.
Chico informed the council that the John Deere lawn mower with the bagger needs to be repaired or replaced. He spoke with Mike at Eagle Auto and it would cost approximately $5,000 to put a new motor in it which would include labor costs. Chico obtained an estimate from Midwest Machinery for a 72 inch zero turn John Deere lawn mower for $11,350, and an estimate from Renville Sales, Inc., for a 72 inch zero turn Hustler lawn mower for $10,220. Chico was instructed to contact Midwest Machinery for further clarification.
A motion was made by Joe Arznen to hire Carpet Masters to clean the floors in the council meeting room and the Fire Department meeting room, which includes sanding, waxing and putting a finish on for $450. A second was made by Ralph Muellner and upon vote, with all members voting in favor, motion carried.
The Mayor informed the council that the annual Community Builders meeting is scheduled for January 15, 2015 at 7:00 p.m., at the Double R Saloon back room. Council member Roland Ahrendt will attend as a representative of the City.
A motion was made by Thom Muellner to approve Resolution No. 2015-01, 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 Roland Ahrendt and upon vote, with all members voting in favor, motion carried. The above stated resolution is as follows:
Resolution No. 2015-01: 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 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 City of Grey Eagle desires to encourage the expeditious clean-up of properties that have encountered damage from water main breaks and sewer back-ups; and
Whereas, the City of Grey Eagle desires to minimize the potential of expensive lawsuits arising out of water main breaks and sanitary sewer back-up claims; and
Whereas, the City of Grey Eagle is a member of the League of Minnesota Cities Insurance Trust (LMCIT); and
Whereas, LMCIT has offered the City of Grey Eagle limited “no fault” sewer coverage and water main break coverage (No-Fault Coverage) that will reimburses users of the water and sewer system for certain clean-up costs and property damage regardless of whether the City of Grey Eagle is at fault.
Now Therefore, Be It Resolved, as follows:
The City of Grey Eagle will reimburse water and sanitary sewer customers for up to $0.00 of clean-up costs and property damages caused by a water main break or sanitary sewer back-up, regardless of whether the City of Grey Eagle 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 City of Grey Eagle’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 City of Grey Eagle’s sewer system or to any City of Grey Eagle 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 City of Grey Eagle 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 that the City of Grey Eagle or LMCIT will reimburse is $0.00 per building, per year. A structure or group of structures served by a single connection to the City of Grey Eagle’s sewer system Is considered a single structure.
II. Water Main Breaks. For water main breaks:
A. Neither the City of Grey Eagle 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 City of Grey Eagle or LMCIT will reimburse is $0.00 to any claimant, regardless of the number of occurrences or the number of properties affected.
C. Neither the City of Grey Eagle 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 $0.00.
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 City of Grey Eagle’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 City of Grey Eagle for the costs set forth herein.
IV The City of Grey Eagle retains the right, in its sole discretion, to revoke, rescind, or modify this resolution at any time.
V. The City of Grey Eagle hereby rescinds any prior resolution providing no-fault sewer back-up coverage and water main break coverage.
In Witness Whereof, the City of Grey Eagle, by action of its governing body, caused this Resolution to be approved on January 13, 2015.
A motion was made by Joe Arnzen to approve Resolution No. 2015-02, A Resolution Adopting 2015 Appointments. A second was made by Ralph Muellner and upon vote, with all members voting in favor, motion carried.
A motion was made by Roland Ahrendt to approve the liability waiver form for insurance. By approving the waiver, the City council Does Not Waive the monetary limits on municipal tort liability established by Minnesota Statutes, Section 466.04. A second was made by Thom Muellner and upon vote, with all members voting in favor, motion carried.
There were no building permit applications for council consideration.
The council discussed the vehicles that were towed from a vacant lot by Petrie’s Towing in Long Prairie. There is another vehicle on another vacant lot that will be addressed.
A motion was made by Joe Arnzen to approve the Pay Equity Compliance Report for 2014. A second was made by Ralph Muellner and upon vote, with all members voting in favor, motion carried.
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: $3,596.58 from Schoenstatt Court Fund to Schoenstatt Court Debt Service Fund, $1,496.52 from the Fire Fund to the Fire Hall Debt Service Fund and $87.41 from the General Fund of which $27.91 goes to the Water Fund and $59.50 goes to the Sewer Fund for Fire Hall and Library utilities. A second was made by Roland Ahrendt and upon vote, with all members voting in favor, motion carried.
A motion was made by Ralph Muellner to approve the payment of bills as listed and to include the payment of the following: $10,787.50 to First State Bank of Swanville, $2,046.71 to Minnesota Power and $8,807.38 to Gessell Auto Sales. A second was made by Joe Arnzen and upon vote, with all members voting in favor, motion carried.
A motion was made by Roland Ahrendt to adjourn the meeting at 9:26 p.m. A second was made by Thom Muellner and upon vote, with all members voting in favor, motion carried.
Lori Hellmann, Clerk