REGULAR MEETING OF THE MONTGOMERY CITY COUNCIL MONTGOMERY CITY HALL 7:00 P.M. MONDAY, SEPTEMBER 21, Minutes

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1 REGULAR MEETING OF THE MONTGOMERY CITY COUNCIL MONTGOMERY CITY HALL 7:00 P.M. MONDAY, SEPTEMBER 21, 2015 Minutes Call Meeting to Order Mayor Jean Keogh called the City Council meeting to order at 7:00 p.m. in the Montgomery City Council Chambers. Swearing in of Dennis Lambrecht City Administrator Heck swore in newly appointed Dennis Lambrecht to the Council. Roll Call Council Members present: Bob Taraba, Jim Mladek, Mick McGuire, Dennis Lambrecht and Mayor Jean Keogh. Also present were Brian Heck, City Administrator, Heather Slechta, Clerk-Treasurer, Shane Oksanen, Public Utilities Director, Jake Keohen, Montgomery Messenger, Chris Cavett, SEH, City Engineer, Lynn Lambrecht, PUC, Tom Eisert, PUC, Tim Bisek, Planning and Zoning, John Morgan, Janet Pan, and Dawn Anderson, Planning and Zoning. Pledge of Allegiance was recited Public Comment John Morgan raised concern on the impact the storm water fee would have on the golf course. Mayor Keogh requested that the concerns be brought up during the public hearing later in the evening. Adopt Agenda Motion by Mladek to approve the agenda with the addition of 5-F, to approve the hiring of Joseph Anderson to the Montgomery Fire Department and the removal of the closed session. Seconded by Taraba and carried unanimously. Consent Agenda The Consent Agenda consisted of approval of the minutes of the August 17, August 31, and September 8, 2015 Council Meetings; approval of the claims in the amount of $119,916.70; acknowledge the use of Abrams & Schmidt, LLC for employment legal services; acknowledge placement of Dennis Lambrecht as liaison to the Park Commission and Mick McGuire as liaison to the PUC; and to approve Fireworks Permit Application for September 25, 2015 at the TCU Homecoming Game beginning at 7:00 p.m.

2 Motion was made by McGuire to approve the consent agenda. Seconded by Taraba and carried unanimously. Reports and Presentations HRA Mayor Keogh informed the Council that the HRA is currently looking for available properties to add additional affordable housing. The HRA will be holding a public hearing on October 20, to review the annual plan at 5:30. Also Bob Rotter, HRA Director has resigned from his position effective 12/31/2015. PUC Tom Eisert, PUC, informed the Council that the PUC is working hard on putting together the storm water utility program. The committee is also reviewing utility rates as well as looking into different marketing opportunities for area businesses in the monthly utility bills. Eisert also stated that the 5 th Street project is moving along. Planning Commission Tim Bisek, Planning and Zoning Commission stated that the Subdivision Ordinance has been completed. The Commission is currently working through a new zoning code that will match the Comprehensive Plan that was approved in The new zoning code should be ready for the Council to review in November. The Commission is also working on a boiler plate development agreement as well as a designated offender ordinance. Public Hearings Storm Water Utility Ordinance # Mayor Keogh closed the regular meeting and opened the public hearing at 7:35 p.m. The Council accepted the recommendation of the Public Utilities Committee in February and removed the storm water assessment from the assessment policy. This reduced the total assessment by $1,500. The assessment was going to cover the cost of the storm water construction for the 5th Street project. The council directed the Public Utilities Committee to develop a recommendation on how to best finance storm water maintenance, construction, and repair. The committee worked with S.E.H., Inc to evaluate different possibilities and arrived at a recommendation to the Council to create a storm water utility supported by a separate fee on the city utility bill. The fee generated would go to support storm water projects. The committee put together a draft ordinance and suggested fee for the storm water utility. The current method of paying for storm water activities is based on property value and not on potential impact on the storm water system. Additionally, those properties that are exempt from the property tax do not contribute toward the system. The other method adopted by the Council was to assess a one-time fee of $1,500 to be used toward storm water when the city does a street project from a full reconstruction to a mill and overlay. Due to concerns raised by residents that this was not equitable, the council

3 looked to find a different method of covering the cost. The storm water utility and related fee proposed is an attempt to generate the dollars necessary to cover the costs of maintaining the system in an equitable manner. Chris Cavett walked the council through the proposed ordinance and fees. The proposed fee will generate approximately $105,000 annually. During the public hearing John Morgan, Montgomery Greens Golf Course, was concerned about the cost that the golf course would end up paying and would like the City to investigate how much storm water run-off is actually caused by the course and how much is from properties surrounding it. Tim Bisek questioned if the fees would be dedicated to storm water or if they could be used for other projects. Heck explained that it would take Council action to use the dollars for another purpose. Janet Pan, stated that she felt the city does not do an adequate job sweeping and felt that residents should not be paying a fee if the city would not be maintaining its infrastructure. Mayor Keogh closed the public hearing at 7:55 p.m. The Council discussed the concerns that were brought up during the public hearing. Motion by Mladek to hold first reading of the ordinance; take public input, investigate the cost for Seneca and the Golf Course and schedule second reading of ordinance. Seconded by Lambrecht and carried unanimously. Administration Ordinance # Moratorium on Relocation of Structures The planning and zoning commission has been going through the zoning code over the past several meetings making updates and amendments so that there is conformity with the recently adopted update to the Montgomery Comprehensive Plan. During the discussion of the code, the planning and zoning commission has reviewed conditional use permits for the relocation of structures to the City and has made recommendations to the council on these CUP s. During the process of reviewing and holding public hearings on the two CUP s, the commission concluded that this specific section of the code needed to be updated. This became more of an issue upon learning that staff has taken calls regarding moving homes into the community. The commission would like to temporarily stop the move in of principal structures so they have ample time to review and update the code. The main purpose for placing a moratorium on the moving in of principal structures is to give time to the P & Z to review and revise the current requirements and conditions. Without the moratorium applications can be submitted and processed under the existing requirements and this may result in significant disparities. A moratorium, when lifted in six months will make everyone meet the same requirements and make processing the applications easier. The one exception to the moratorium will be Mr. Bill Otting. He executed an agreement with the city in 2010 that permits him to move a structure on to 201 Elm Avenue S.E.

4 Motion by Mladek to approve Ordinance , Establishing a Six-Month Moratorium on the Issuance of CUPs Permitting the Moving of Principal Buildings From Within or Without the City to a New Location Within the City, as proposed and recommended by the planning and zoning commission, waive second reading and authorize summary publication. Seconded by Taraba and carried unanimously. North Ridge tax forfeits property Resolutions 49, 50 and 54 The City received notice from the County on August 12, 2015 that several parcels in the North Ridge development are now tax forfeit. Under MS the city needs to approve the parcels for public auction or auction to adjacent property owners or request conveyance to the city for public use. Costs for obtaining non-conservation land from the County should be minimal. The city is required to approve a resolution authorizing the desired action. There are two parcels that the Council considered acquiring for public use within 60 days of the notification. If the city does not respond within the 60 days, the county will proceed with the sale of property. Resolution , is related to the property located at 1210 Pondview (PID ). Heck informed the Council that the city should acquire this parcel as there is a sanitary lift station located on the parcel. If we do not acquire the parcel we will need to obtain an easement for access to the lift station. Heck believed ownership of the lot was preferable to negotiating an easement. Resolution , is to acquire 1130 North Ridge Drive (PID ). This is an un-platted 56.8 acre parcel. This property could be used as a large park area that could host several different activities and can be developed over time. Resolution approvs the remaining parcels for auction by the county. Motion by McGuire to approve Resolution , Authorizing Application to State of Minnesota for Conditional Use Deed. Seconded Mladek and carried unanimously. Motion by Mladek to approve Resolution , Authorizing Application to State of Minnesota for Conditional Use Deed. Seconded by McGuire and carried unanimously. Motion by Keogh to approve Resolution , Authorization to Sell Non- Conservation Land. Seconded by Lambrecht and carried unanimously. Resolution # Setting Preliminary Draft Levy The council began working on the 2016 budget and levy in June of this year and discussed budget parameters and priorities. The council is required by statute to adopt a draft levy and certify it to the County Auditor by September 30. Heck explained that

5 after the draft levy is certified, the Council may continue to refine the budget as long as the levy is not increased. The only action the council is allowed to take regarding the levy before it is certified in December is to lower the levy. Mladek moved approval of Resolution , establishing the draft levy for 2016 and certify it to the County. Seconded by Lambrecht and carried unanimously. Executive Director Housing and Redevelopment Authority Bob Rotter, the Executive Director for the Housing and Redevelopment Authority tendered his resignation to the HRA Board on Tuesday, September 15. He plans to stay on until the end of the year and will also be available to assist a new director when one is hired. During the discussion on how to fill the position, a suggestion was made to consider combining the Executive Director position with a planner position making the position full-time with benefits. The individual would be a city employee and the cost to keep the employee on would be shared by the HRA and the city at an approximate 60/40 split. Heck explained that the HRA Board felt that recruiting a qualified individual would be easier if the position were full-time and included benefits. Since the city is also looking to bring on a part-time planning intern, this might be a good pairing as several cities that have HRA s use city staff to cover the HRA duties. The HRA Board is wondering if the City Council would be open to such an arrangement. Financial Implications: approximately 40% of the cost of the salary and benefits, roughly $21, budget has $19,600 allocated in personnel costs with an additional $10,000 in consulting for a total possible $29,600 for allocation to a position. The Consensus of the Council is to combine the two positions into one. Public Works Park Signs Slechta explained that the Parks and Recreation Board has received requests to improve and update the park signage. The Board solicited the help from Brushworks, the same company that was responsible for the welcome to Montgomery sign on Hwy. 13. The Board met on August 17, 2015 and discussed the sign options. It was the recommendation of the Board to go with the light sign and omit the tagline Kolacky Capital of the World. These signs would be placed at Northside, Memorial and Westside Park with the option to add one to Veterans Memorial Park. The signs would be ordered this year. The costs of the signs are as follows: $3,800 to $4,000 Initial DS dimensional sign / posts / sink & set.

6 $3,600 to $3,800 First additional DS dimensional sign when ordered at later date after initial sign. $3,400 to $3,600 Each additional sign when ordered with the initial sign, or with the first sign of a later order. $225 to $300 Travel charge per trip; two men and mileage. Motion by Mladek to approve the recommendation of the Parks and Recreation Board and order the light signs for the parks. Seconded by Lambrecht and carried unanimously. Mayors Report Mayor Keogh attended events in Heidleberg, New Prague and Kilkenny over the weekend. The Le Sueur County Officials meeting will be held on September 24, 2015 at the American Legion in Le Center. The League has scheduled all of its regional meetings for 2015, there are some in our area, if you would like to attend please let Heather know and she will register you. Mayor Keogh stated that she will be on KCHK radio on October, 12 th at 9:10 a.m. The monthly Chat with the Mayor has not been set as of today but she will let everyone know when she has a date. Adjourn There being no further business, motion was made by Taraba to adjourn the meeting. Seconded by Lambrecht and carried unanimously. The meeting adjourned at 8:47 p.m. Respectfully Submitted, Heather Slechta City Clerk-Treasurer