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 November, 2014 in council chambers. Council members present were Ralph Muellner, Andrea Kraska, Dennis Barrett and Thom Muellner. There were no council members absent. Also in attendance were Lori Hellmann, Andy Bartkowicz, and guests Mike Allen and Bill Berscheit.
A motion was made by Dennis Barrett 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 October 14, 2014 with the following changes: page 1501, paragraph five, first sentence: change the word west to east, page 1501, paragraph six, first sentence change Dan Berscheit to Dan Berscheid, page 1503, last paragraph, first sentence remove “a complaint”, and page 1504, third paragraph, first sentence, change the word vacation to the word vacated. A second was made by Andrea Kraska and upon vote, with all members voting in favor, motion carried.
The council discussed complaints received of a wood stove that is installed in a resident’s garage that is alleged to also be heating the home. After speaking with the city attorney, it was determined that if this resident is also heating the home, then the wood stove would be considered an outdoor wood burning stove, which is not allowed by city ordinance. A certified letter will be sent to the resident regarding this issue, along with a copy of the ordinance. The property owner will be given fourteen days to comply with the inspection portion of the ordinance to determine that the burner is only being used to heat the garage. Failure to comply with the inspection requirements will result in the city applying for an application for a court order. A motion was made by Dennis Barrett to send the letter, stating what is required by ordinance and giving fourteen days to comply with the inspection. A second was made by Jim Gohman and roll call vote was taken with members voting as follows: Thom Muellner-aye, Dennis Barrett-aye, Andrea Kraska-aye, Ralph Muellner-aye, Jim Gohman-aye. Motion carried.
Mayor Jim Gohman opened the public hearing regarding the vacation of Bovee Street North from North Lake Street West at 7:30 p.m.
The purpose of the public hearing was to allow input from affected property owners regarding the vacation of Bovee Street North from North Lake Street West. There were no residents in attendance for the public hearing. The public hearing was closed at 7:36 p.m.
A motion was made by Dennis Barrett to approve Resolution NO. 2014-20, A Resolution Vacating (a portion of) Street upon a Petition of a Majority of Abutting Landowners. A second was made by Andrea Kraska and roll call vote was taken, with council members voting as follows: Dennis Barrett-aye, Andrea Kraska-aye, Ralph Muellner-abstained, Jim Gohman-aye, Thom Muellner-aye. Motion carried. The above stated resolution is as follows:
Resolution No. 2014-20: A Resolution Vacating a (portion of) Street upon a Petition of a Majority of Abutting Landowners
The City Council Of The City Of Grey Eagle, Minnesota Does Hereby Resolve As Follows:
Whereas, a petition signed by the majority of property owners abutting Bovee (a portion of) Street in Grey Eagle City was received by the City Clerk on the 13th day of August, 2014 and;
Whereas, the petition requested that the City Council pursuant to Minnesota Statute 412.851 vacate Bovee (a portion of) Street between Bovee Street North and North Lake Street West legally described as:
That part of Bovee Street lying between Block 1 and Block 2 as included in and dedicated to public use within the plat of Callahan’s Addition to the Town Site of Grey Eagle, according to the recorded plat thereof on file and of record in the office of the County Recorder, Todd County, Minnesota, described as follows:
Beginning at the southeast corner of said Block 2; Thence North 00 degrees 00 minutes 00 seconds east, assumed bearing, along the east line of said Block 2, a distance of 228 feet to the northeast corner of said Block 2; Thence easterly and along the north line of said Callahan’s Addition to the Town Site of Grey Eagle, 66 feet to the northwest corner of said Block 1; Thence south 00 degrees 00 minutes 00 seconds west, along the west line of said Block 1, a distance of 228 feet to the southwest corner of said Block 1; Thence South 89 degrees 59 minutes 05 seconds West 66.00 feet to the point of beginning.
The tract contains 0.35 acre more or less and is subject to easements, reservations or restrictions of record, if any.
Whereas, the City Clerk reviewed and examined the signatures on said petition and determined that such signatures constituted a majority of the landowners abutting upon the (portion of) street to be vacated; and
Whereas, a public hearing to consider the vacation of such street was held on the 12th day of November, 2014, before the City Council in the City Hall located at 202 Woodman Street South at 7:30 p.m. after due published and posted notice had been given, and all interested and affected persons were given an opportunity to voice their concerns and be heard; and
Whereas, any person, corporation or public body owning or controlling easements contained upon the property vacated, reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace or otherwise attend thereto; and
Whereas, the Council in its discretion has determined that the vacation will benefit the public interest because: the portion of street to be vacated will no longer be beneficial to the City for future development.
Now Therefore, Be It Resolved By The City Council Of The City Of Grey Eagle, County Of Todd Minnesota that such petition for vacancy is hereby granted and the (portion of) street described as follows is hereby vacated:
That part of Bovee Street lying between Block 1 and Block 2 as included in and dedicated to public use within the plat of Callahan’s Addition to the Town Site of Grey Eagle, according to the recorded plat thereof on file and of record in the office of the County Recorder, Todd County, Minnesota, described as follows:
Beginning at the southeast corner of said Block 2; Thence North 00 degrees 00 minutes 00 seconds east, assumed bearing, along the east line of said Block 2, a distance of 228 feet to the northeast corner of said Block 2; Thence easterly and along the north line of said Callahan’s Addition to the Town Site of Grey Eagle, 66 feet to the northwest corner of said Block 1; Thence south 00 degrees 00 minutes 00 seconds west, along the west line of said Block 1, a distance of 228 feet to the southwest corner of said Block 1; Thence South 89 degrees 59 minutes 05 seconds West 66.00 feet to the point of beginning.
The tract contains 0.35 acre more or less and is subject to easements, reservations or restrictions of record, if any.
Be It Further Resolved, that the Mayor and the City Clerk are hereby authorized to sign all documents necessary to effectuate the intent of this resolution.
Adopted by the Council this 12th day of November, 2014.
A motion was made by Thom Muellner to approve Resolution No. 2014-21, A Resolution Canvassing the November 4, 2014 Municipal Election Returns and Declaring Results. A second was made by Ralph Muellner and a roll call vote was taken with the council members voting as follows: Dennis Barrett-aye, Andrea Kraska-aye, Ralph Muellner-aye, Jim Gohman-aye, Thom Muellner-aye. Motion carried. The above stated resolution is as follows:
Resolution No. 2014-21: A Resolution Canvassing the November 4, 2014 Municipal Election Returns and Declaring Results
Whereas, the City of Grey Eagle held a municipal election on November 4, 2014; and
Whereas, the City Clerk has prepared a summary of the returns of the forenamed election; and
Whereas, the City Council must canvass the municipal election returns and declare the results after the election.
Now, Therefore Be It Resolved, by the City of Grey Eagle City Council that the following returns are hereby canvassed and declared the official results of the November 4, 2014 election.-
Mayor Votes
James Gohman 112
Write – in 10
Council Members – 4 year term Votes
Joseph Arnzen 111
Roland Ahrendt 77
Write – in 12
Voting Aye: Dennis Barrett, James Gohman, Andrea Kraska, Ralph Muellner, Thom Muellner. Voting Nay: None.
Whereupon, said resolution is hereby declared passed on this 12th day of November, 2014.
The council discussed complaints they received about a resident that is keeping chickens on their property. The Clerk was instructed to send a letter along with a copy of the ordinance to have the chickens removed or the matter will be turned over to the Todd County Sheriff’s Office.
The council discussed the three quotes that were received to jet and televise the sewer lines to determine the condition of the lines. The council will look over the estimates more closely and will discuss further at the December meeting.
Fire Chief Bill Berscheit discussed the new chassis for the 5,000 gallon tanker. The cost would be approximately $130,000 – $150,000 fully equipped. Between fire funds and investments there is $294,208.27 available to use towards this purchase. A motion was made by Dennis Barrett to approve the new fully equipped chassis for the 5,000 gallon tanker. A second was made by Ralph Muellner and a roll call vote was taken with the council voting as follows: Andrea Kraska-aye, Thom Muellner-aye, Ralph Muellner-aye, Dennis Barrett-aye, Jim Gohman-aye. Motion carried.
The following water/wastewater/maintenance items were discussed.
1. Update Building Supplies submitted a quote for a 9×14 fire proof room in the attic of the old city hall to store city records. The quote was for $1,969.61 for the cost of the supplies and does not include labor to build the room, electrical, taping and painting. The matter was tabled until other issues with the old city hall are repaired.
2. The council discussed the purchase of a commercial dehumidifier to help remove the moisture in the old city hall, as well a means to allow air movement while the building is unused. The Council will look over the situation within the next month and discuss at the December meeting.
3. Andy will check all the Christmas decorations and have them up by Thanksgiving.
4. The council discussed the first snow of the season and how it pertains to snow removal. Andy contacted Herdering and the streets will be widened.
5. The council discussed the use of the city ponds. It was brought to the council’s attention that someone had gained access without authorization or knowledge of city staff. Any unauthorized entry or access to the pond is considered trespassing. Residents are reminded that arrangements need to be made with city hall and that brush, leaves, grass clippings and garden vegetation are the only items allowed to be dumped. No wood, wood chips, cement, appliances, etc., are allowed to be dumped by the ponds.
6. A question was asked whether or not the city has received a water quality report for the city water supply. There has been no report received at this time.
A motion was made by Thom Muellner to set Tuesday, December 9, 2014 at 6:30 p.m., as the date for the Truth in Taxation Meeting with a continuation date of Wednesday, December 10, 2014 at 6:30 p.m., if needed. A second was made by Dennis Barrett and upon vote, with all members voting in favor, motion carried.
The council discussed whether or not to include recycling as offered by Tom’s Refuse for an additional $3.00 per month to city residents after the recycling dumpster had been removed in the City of Burtrum. If recycling were to be included to the residents, everyone would have to pay for it whether they used it or not. The council decided that they would not include recycling at this time.
The council discussed the water and sewer rates. The council will look at what the rates were before the increases and discuss at the December meeting.
The Clerk discussed the adding of late fees to the utility bills. The Clerk will check into when the late fees would be applied to an account and what happens if payment is made by the due date but was not posted to the account on the due date.
The council received complaints on garbage cans that remain on the street after the garbage has been picked up. Residents are asked to not leave their containers at the end of the driveway as a courtesy to other residents and for snow removal purposes. Letters will be sent to those that do not put their garbage cans away in a timely manner.
There were no building permit applications for council consideration.
There was no yard clean up concerns for council consideration.
The Clerk informed the council that Bob Lefavor would like to donate the sign by the school to the city. The city would have to find a new location for the sign and have it removed before May 2015.
A motion was made by Ralph Muellner to approve the various fund transfers as follows: $748.36 from the Fire Fund to the Fire Hall Debt Service Fund and $82.70 from the General Fund of which $24.70 goes to the Water Fund and $58 goes to the Sewer Fund for Fire Hall and Library utilities. A second was made by Andrea Kraska and upon vote, with all members voting in favor, motion carried.
A motion was made by Thom Muellner to approve the payment of bills as listed and to include a payment to Minnesota Revenue for $694. 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 adjourn the meeting at 9:47 p.m. A second was made by Andrea Kraska 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, December 9, 2014 at 7:00 p.m., in Council chambers.
Lori Hellmann, Clerk
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