City of Brownton - Meeting

City of Brownton

Brownton City Council Meeting
July 7, 2020
7:00 p.m.

Council Present: Norman Schwarze, Curt Carrigan, Lori Copler, Doug Block
Council Absent: Jesse Messner
Staff Present: Lori Cacka, Spencer Glaeser, Ken Bauer
Visitors: Brianna Taggart, John Rodeberg, Melissa & Steve Westphal
Mayor Schwarze called the meeting to order.
Melissa and Steve Westphal were disputing their blight citation. It was tabled until next month.
Motion by Council Member Carrigan, seconded by Council Member Block and carried to approve the consent agenda as follows: Approve minutes of regular meeting 6/2/2020 and special meeting 6/29/2020. Approve July Treasurers Report. Approve payment of the claims and payroll including check numbers 42625-42669 in the amount of $86,103.97. Approve new bills written/to be written.
2020 – 051

John Rodeberg from SEH reported that the 2 projects for water/wastewater and sewer lining should be ready within the next week. Water meter quote should be approved in the next couple weeks. There is approximately $160,000 of contingency money left.
RESOLUTION NO. 2020 – 052
ACCEPTING BID
WHEREAS, pursuant to an advertisement for bids for the construction of the 2020 Water Tank Rehabilitation, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement:

Contractor Total Bid Amount
TMI Coatings, Inc.
St. Paul, MN $148,700
Champion Tank Services
Elko, MN $172,000
Pittsburg Tank & Tower Maintenance Co., Inc.
Henderson, KY $173,205
Maguire Iron, Inc.
Sioux Falls, SD $173,750
Viking Industrial Painting
Omaha, NE $192,100
Seven Brothers Painting
Shelby Township, MI $198,300
M.K. Painting, Inc.
Wyandotte, MI $212,000
Classic Protective Coatings Inc.
Menomonie, WI $276,000
G&L Tank Sandblasting and Coatings LLC
Shelbyville, TN $341,000

AND WHEREAS, it appears that TMI Coatings, Inc. of St. Paul, Minnesota, is the lowest responsible bidder,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BROWNTON, MINNESOTA:
1. The mayor and city clerk are hereby authorized and directed to enter into a contract with TMI Coatings, Inc. of St. Paul, Minnesota, in the name of the City of Brownton, Minnesota, for the construction of the 2020 Water Tank Rehabilitation, according to the plans and specification therefore approved by the city council and on file in the office of the city clerk.
2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed.
Motion was made by Council Member Block, seconded by Council Member Carrigan and adopted by the city council this 7th day of July, 2020.

Mayor
City Clerk

Progress on the Dollar General is moving forward. There are a few things we are waiting to get back from the land owner and the civil engineering firm. Quade is working on acquiring the wire. The 2019 Street Improvement Rebid Project is almost complete. We are waiting for 1 form back from R & R to finally close out on that project.

JOINT RESOLUTION 2020 - 055
IN THE MATTER OF THE ORDERLY ANNEXATION BETWEEN
THE CITY OF BROWNTON AND SUMTER TOWNSHIP
PURSUANT TO MINNESOTA STATUTES § 414.0325
WHEREAS, the City of Brownton and Sumter Township designate for orderly annexation, the following described lands located within Sumter Township, County of McLeod Minnesota:
That part of the Southwest Quarter of the Northwest Quarter of Section 23,
Township 109, Range 22, McLeod County, Minnesota, described as follows:
Commencing at the southeast corner of said Southwest Quarter of the
Northwest Quarter: thence North 00 degrees 25 minutes 38 seconds West, assumed bearing, along the east line of said Southwest Quarter of the
Northwest Quarter, a distance of 338.00 feet to the point of beginning of the parcel to be described; thence South 89 degrees 21 minutes 36 seconds West, a distance of 380.00 feet; thence South 00 degrees 25 minutes 38 seconds East, a distance of 263.00 feet, more or less, to the north right of way line of US Highway No. 212; thence easterly, northeasterly, and easterly, along said north right of way line, a distance of 425 feet, more or less, to the east line of said Southwest Quarter of the Northwest Quarter; thence North 00 degrees 25 minutes 38 seconds West, along said east line, a distance of 154.97 feet to the point of beginning and there terminating.
and,
WHEREAS, the City of Brownton and Sumter Township are in agreement as to the orderly annexation of the unincorporated land described; that both believe it will be to their benefit and to the benefit of their respective residents; and
WHEREAS, Minnesota Statutes § 414.0325 provides a procedure whereby the City of Brownton and Sumter Township may agree on a process of orderly annexation of a designated area; and
WHEREAS, on June 23rd, 2020 a Notice of Intent to include property in an orderly annexation area was published pursuant to the requirements of Minnesota Statutes § 414.0325 Subd. 1b; and
WHEREAS, the City of Brownton and Sumter Township have agreed to all the terms and conditions for the annexation of the above-described lands within this document and the signatories hereto agree that no alteration of the designated area is appropriate and no consideration by the Chief Administrative Law Judge is necessary. The Chief Administrative Law Judge may review and comment, but shall within thirty (30) days, order the annexation in accordance with the terms of the resolution.
NOW, THEREFORE, BE IT RESOLVED, jointly by the City Council of the City of Brownton and the Township Board of Sumter Township as follows:

1. (Property.) That the following described lands in Sumter Township are subject to orderly annexation pursuant to Minnesota Statutes § 414.0325, and that the parties hereto designate those areas for orderly annexation, to wit:

That part of the Southwest Quarter of the Northwest Quarter of Section 23,
Township 109, Range 22, McLeod County, Minnesota, described as follows:
Commencing at the southeast corner of said Southwest Quarter of the Northwest Quarter: thence North 00 degrees 25 minutes 38 seconds West, assumed bearing, along the east line of said Southwest Quarter of the Northwest Quarter, a distance of 338.00 feet to the point of beginning of the parcel to be described; thence South 89 degrees 21 minutes 36 seconds West, a distance of 380.00 feet; thence South 00 degrees 25 minutes 38 seconds East, a distance of 263.00 feet, more or less, to the north right of way line of US Highway No. 212; thence easterly, northeasterly, and easterly, along said north right of way line, a distance of 425 feet, more or less, to the east line of said Southwest Quarter of the Northwest Quarter; thence North 00 degrees 25 minutes 38 seconds West, along said east line, a distance of 154.97 feet to the point of beginning and there terminating.
2. (Acreage/Population/Usage.) That the designated area consists of approximately 1.97 acres, the population in the subject area is 0, and the land use type is agricultural.
3. (Jurisdiction.) That Sumter Township and the City of Brownton, by submission of this joint resolution to the Municipal Boundary Adjustment Unit of the Office of Administrative Hearings, confers jurisdiction upon the Chief Administrative Law Judge so as to accomplish said orderly annexation in accordance with the terms of this resolution.
4. (Need). That the above-described property is urban or suburban or about to become so, and since the City of Brownton is capable of providing services to this area within a reasonable time, the annexation would be in the best interest of the area.
5. (Conditions): That Sumter Township and the City of Brownton mutually agree that the timing of the annexation shall coincide with the transfer of ownership of the described property to Ratcliff Development, LLC, anticipated to take place in September, 2020.
6. (Municipal Reimbursement). Minnesota Statutes § 414.036.
a. Reimbursement for lost taxes on annexed property.
There will be no reimbursement.
b. Assessments and Debt.
That pursuant to Minnesota Statutes § 414.036 with respect to any special assessment assigned by the Township to the annexed property and any portion of debt incurred by the Township prior to the annexation and attributable to the property to be annexed, but for which no special assessments are outstanding, for the area legally described (herein or attached exhibit) there are no special assessments or debt.
7. (Review and Comment). The City of Brownton and Sumter Township agree that upon receipt of this resolution, passed and adopted by each party, the Chief Administrative Law Judge may review and comment, but shall within thirty (30) days, order the annexation in accordance with the terms of the resolution.
Adopted by affirmative vote of all the members of the Sumter Township Board of Supervisors this 14th day of July 2020.

SUMTER TOWNSHIP
ATTEST:
By: _________________________
By: _________________________
Gary Waller, Chairperson Janel Zimmerman, Township Clerk
Board of Supervisor

Adopted by affirmative vote of the City Council of Brownton, this 7th day of July, 2020.

CITY OF BROWNTON
ATTEST:

By: _________________________
By: _________________________
Norman Schwarze, Mayor
Lori Cacka,
City Administrator

Approved this 7th day of July, 2020

Public Works submitted their report. Chad will work on getting replacement costs for a gutter and driveway apron on 2nd Ave S.

Chief Bauer reported that our part time help should be available for coverage again starting August 1st. Council Member Copler received a grant award of $400 for the PD to use toward a new AED machine. Great job Lori. The department requested a new computer. Theirs is old and slow and a new one would be used for on-line meetings during Covid.
BE IT RESOLVED by the City Council of Brownton, to approve the computer bid from Victor’s PC Solutions in the amount of $1,082.48.
THE FOREGOING RESOLUTION was introduced and moved for adoption by Council Member Copler, seconded by Council Member Block and with all members voting in favor thereof, said resolution was declared duly passed and adopted.
2020 – 053

Council Member Carrigan brought up the Police Chief salary. He feels that his wage is too low. He commended him on the great job he is doing. Mayor Schwarze has talked to Chief Bauer and would like to meet to discuss salaries. Council Member Copler feels that everyone should be looked at and not just the chief. This was tabled to next month.
Fire permits were discussed. It seems fires are becoming more for burning and getting rid of unwanted items. The Mayor would like to see a fire permit similar to Glencoe’s so residents know what is acceptable to burn. It was decided to assemble a hand-out that police give out as a reminder to residents that may not be aware of recreational fires standards. Citations may be issued if they have repeat offenders.
BE IT RESOLVED by the City Council of Brownton, to approve the addition to ordinance #49-An Ordinance Prohibiting the Consumption of Intoxicating Liquor and Non-intoxicating Malt Liquors Within the City of Brownton, Section 2-Violations, paragraph a, to include the Brownton Area Civic Center.
THE FORGOING RESOLUTION was introduced and moved for adoption by Coucnil Member Block, seconded by Council Member Copler and with all members voting in favor thereof, said resolution was declared duly passed and adopted.
2020 -054

A copy of the entire ordinance can be obtained at the Brownton City Office.
RESOLUTION APPOINTING ELECTION JUDGES FOR THE PRIMARY ELECTION OF
AUGUST 11, 2020 AND THE GENERAL ELECTION OF NOVEMBER 3, 2020, AND RESPECTIVE SALARIES
2020 - 056

WHEREAS, a Primary Election will be held August 11, 2020 and a General Election will be held November 3, 2020; and
WHEREAS, MN Statute 204B.21, subd.2, requires election judges for precincts in a municipality be appointed by the governing body of the municipality; and
WHEREAS, the City of Brownton has one voting precinct; and
WHEREAS, the following City of Brownton and McLeod County residents have agreed to serve as election judges and agree to meet the qualifications established by the State of Minnesota; and
NOW THEREFORE, BE IT RESOLVED, that the City of Brownton hereby appoints the following persons to serve as election judges for the Primary and General Elections of 2020: Jeanie VonBerge, Jan Kreie, Carolyn Bipes, Jan Messner, Ginette Schwarze, Roxanne Wendlandt; Head Election Judges: Lori Cacka, Diana Klabunde.
NOW THEREFORE, BE IT ALSO RESOLVED THE City Council Judge Pay remain at $9.00 per hour.
Motion was made by Council Member Block second by Council Member Copler with all present voting in favor thereof, said resolution was adopted by the City Council of the City of Brownton this 7th day of July, 2020.
BE IT RESOLVED by the City Council to approve the annual gambling application for exempt permit for Central MN Sportsman’s Alliance on September 19, 2020 at the Brownton Area Civic Center.
THE FOREGOING RESOLUTION was introduced and moved for adoption by Council Member Copler, seconded by Council Member Carrigan and with all voting in favor resolution was declared duly passed and adopted.

2020 – 057

Brownton Bar & Grill has requested permission to hold the annual street dance on Saturday July 25th, 2020. Council approved the request with the understanding they follow the CDC/MDH guidelines for outdoor events and social distancing.
RESOLUTION WAIVING PROVISIONS OF ORDINANCE #49
BE IT RESOLVED by the Brownton City Council to waive the provisions in Section 2 of Ordinance # 49, “An Ordinance Prohibiting the Consumption of Intoxicating Liquor and Non-Intoxicating Liquor within the City of Brownton” on Saturday July 25th, 2020.
BE IT FURTHER RESOLVED that this waiver pertains to the following locations: Fourth Avenue North between Division Street and Second Street North to accommodate the street dance for the Brownton Bar & Grill.
THE FOREGOING RESOLUTION was introduced and moved for adoption by Council Member Carrigan, seconded by Council Member Block and with all present voting in favor thereof, motion carried.
2020 – 058

BE IT RESOLVED by the City Council of Brownton, to approve the rezoning permit fee of $250 per application as recommended by the Planning and Zoning Commission.
THE FOREGOING RESOLUTION was introduced and moved for adoption by Council Member Copler, seconded by Council Member Block and with all members voting in favor thereof, said resolution was declared duly passed and adopted.
2020 – 059

It was discovered by an Attorney for TC & W Railroad that a resolution from May 5, 1925 was never recorded with McLeod County. It was confirmed and the following resolution will enable us to record it now.
RESOLUTION BY THE CITY COUNCIL OF THE CITY OF BROWNTON, MCLEOD COUNTY, MINNESOTA, RATIFYING AND AFFIRMING A RESOLUTION ADOPTED ON MAY 5, 1925, BY THE VILLAGE COUNCIL OF THE VILLAGE OF BROWNTON that was submitted by Twin Cities & Western and Railroad Company.
CITY OF BROWNTON
P.O. BOX 238
BROWNTON, MN 55312

STATE OF MINNESOTA
COUNTY OF MCLEOD
CITY OF BROWNTON
I, Lori Cacka, being the City Clerk for the City of Brownton, McLeod County, Minnesota, hereby certify that the attached document, entitled “A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF BROWNTON, MCLEOD COUNTY, MINNESOTA, RATIFYING AND AFFIRMING A RESOLUTION ADOPTED ON MAY 5, 1925, BY THE VILLAGE COUNCIL OF THE VILLAGE OF BROWNTON,” constitutes a complete, accurate, and correct copy of the Resolution adopted July 7th, 2020, by the City Council of the City of Brownton, which Resolution is on file in the office of the City Clerk/Treasurer, City of Brownton, McLeod County, Minnesota.
WITNESS my signature as such City Clerk and the Corporate Seal of the City of Brownton this 7th day of July, 2020.
_________________________________________
Lori Cacka
City Clerk/Treasurer
City of Brownton

A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF BROWNTON,
MCLEOD COUNTY, MINNESOTA,
RATIFYING AND AFFIRMING A RESOLUTION
ADOPTED ON MAY 5, 1925, BY
THE VILLAGE COUNCIL OF THE VILLAGE OF BROWNTON

2020 - 60

THE CITY COUNCIL OF THE CITY OF BROWNTON, MCLEOD COUNTY, MINNESOTA, DOES HEREBY RESOLVE AS FOLLOWS:
WHEREAS, the records maintained by the City of Brownton, formerly the Village of Brownton and Town of Brownton, include a resolution adopted by the Village Council of the Village of Brownton on May 5, 1925, a copy of which, consisting of a single page, is appended hereto.
WHEREAS, the appended resolution refers to and incorporates an agreement between C. M. & St. P. Railway Co. and the Village of Brownton and also refers to and incorporates an attached blueprint; C. M. & St. P. Railway Co. is an abbreviation of Chicago, Milwaukee and St. Paul Railway Company (“CM&StPRy”).
WHEREAS, despite a diligent search of the City’s files and records, the City Clerk has not been able to locate said agreement or blueprint.
WHEREAS, Twin Cities & Western Railroad Company (“TCW”) is the custodian of files of its railroad predecessors in title, including files and records of CM&StPRy.
WHEREAS, TCW has located within those files a CM&StPRy file containing a copy of the May 5, 1925, resolution by the Village Council, to which is attached an undated agreement between CM&StPRy and the Town of Brownton; that agreement was executed on behalf of CM&StPRy by its Division Superintendent and on behalf of the Town of Brownton by the President of its Village Council and includes a blueprint drawing dated August 19, 1924; on the blueprint drawing north is to the right.
WHEREAS, a copy of said undated agreement and blueprint drawing (collectively, the “Undated Agreement”) is appended hereto.
WHEREAS, the City Council has determined that the Undated Agreement is, in fact, the agreement and blueprint referred to and incorporated in the May 5, 1925, resolution by the Village Council.
WHEREAS, the attached copies of the May 5, 1925, resolution and the Undated Agreement, taken together, constitute a true and complete copy of the said May 5, 1925, resolution and its attachments (collectively, the “1925 Resolution”).
WHEREAS, the 1925 Resolution contemplated that CM&StPRy would dedicate for street purposes two parcels of property in the Town of Brownton, which parcels are outlined in red on the blueprint drawing; these two parcels were dedicated for street use by CM&StPRy by dedication instrument dated September 6, 1924.
WHEREAS, the 1925 Resolution contemplated that the Village would vacate certain portions of Commerce Street, Hudson Avenue (now 2nd Avenue North), and the alley in Block 9, Town of Brownton, all as outlined in yellow on the blueprint drawing.
WHEREAS, the City Council has determined that the obligations of CM&StPRy and the Village of Brownton, as set forth in the Undated Agreement, have been satisfied by those parties and their successors in interest and that the Undated Agreement remains in force.
WHEREAS, CM&StPRy and its successors in title, including TCW and United Farmers Cooperative (“UFC”), have acted in reliance on the 1925 Resolution.
WHEREAS, it has now come to the attention of TCW and UFC that the 1925 Resolution has not been recorded in the files and records of the County Recorder for McLeod County, Minnesota (the “County Recorder”).
WHEREAS, TCW and UFC have requested that the City Council adopt a resolution ratifying and affirming the 1925 Resolution, so as to make it possible to provide public notice of the 1925 Resolution in the files and records of the County Recorder.
WHEREAS, the City Council has determined that the action requested by TCW and UFC will benefit the public interest by clarifying the status of those portions of Commerce Street, Hudson Avenue (now 2nd Avenue North), and the alley in Block 9 that were vacated by the 1925 Resolution.
WHEREAS, the City Council has determined that the action requested by TCW and UFC will further benefit the public interest by minimizing the risk that the Council will adopt confusing and duplicative street-vacation resolutions, as happened on February 24, 2011, when the Council adopted a resolution purporting to vacate a portion of Commerce Street that had already been vacated by the 1925 Resolution; that February 24, 2011, resolution, duly certified by the City Clerk, was recorded with the County Recorder on December 16, 2011, as document number 399992.
WHEREAS, the City Council has determined that the action requested by TCW and UFC will further benefit the public interest by clarifying the status of the two parcels that were dedicated by CM&StPRy for street use pursuant to the Undated Agreement; one consists of the southerly 10 feet of Lot 9, Block 5, Town of Brownton, and remains in street use as part of the unimproved road connecting 3rd Street North (formerly Chamberlain Street) and 4th Avenue North (formerly Pollock Street); the other consists of a 66-foot-wide strip across a portion of CM&StPRy’s original station grounds that served as an extension of Nelson Street (now 2nd Street North) until vacated by resolution of this Council adopted February 24, 2011, which resolution, duly certified by the City Clerk, was recorded with the County Recorder on December 16, 2011, as document number 399992.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROWNTON, MCLEOD COUNTY, MINNESOTA: that the attached resolution of the Village Council of the Village of Brownton is ratified and affirmed in its entirety and that the Mayor and City Clerk of the City of Brownton are authorized to execute any and all documents that may be necessary or appropriate to effectuate the purposes and intents of this resolution.

*******************************
A quorum of the Council being present, the foregoing resolution was introduced and moved for adoption on July 7th, 2020, by Council Member Block and seconded by Council Member Carrigan. Upon a roll call vote, Council Members Schwarze, Carrigan, Block, and Copler voted in favor of the resolution, there were no votes in opposition to the resolution, and Council Member Messner was absent, whereupon the resolution was declared duly passed and adopted.
It was confirmed that residents over the limit of 4 pets will be charged $50 yearly. Owners that fail to license a pet will be issued a citation. 1 final letter will be sent with a $50 fee. Failure to pay will result in a state citation. It is to the homeowners benefit to have their pet registered in case they ever get loose.

Upon Motion, Meeting was adjourned.

Minutes to be presented for approval 8/4/2020

______________________________________
Lori Cacka,
City Clerk

(Published in The McLeod County Chronicle August 12, 2020)