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City Council Minutes 3/20/23

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Monday, March 20, 2023


The Regular Meeting of the City Council of the City of Olivia, Minnesota, was called to order by Mayor Hawkinson at 5:30 P.M.
Council Members Present: Jon Hawkinson, Blanca Ferguson, Matt Baumgartner, George Ebbers and Landon Padrnos.
Others present: Aaron Walton, City Attorney; Jason Krumheuer, Police Chief; Mary Jo Halliday, Interim City Administrator; Jodi Gilberts, Administrative Assistant; Ross Okins, Renville County Register; Marissa Castillo, Planning and Zoning; Guest (via zoom), Jasmine Miller, Deputy Clerk, Mary Tietjen, Kennedy and Graven; Kendra Lyngaas, SEH; Aaron Clouse, Police officer; Gregory Rauenhorst, Resident; Betty Ochs, resident (via zoom);

Mayor Hawkinson temporarily suspended the regular meeting and opened the public forum at 5:30 P.M. He clarified the amount of time allocated for public comments and the decorum expectations for those who participate in the Public Forum.

Greg Rauenhorst, resident, wanted to address Walton about going around and picking stuff up at the park asking if he needed verification to do so. Walton responded that they could discuss it at a later time.

No other public comments were offered. Mayor Hawkinson reopened the regular meeting at 5:31pm.


Motion by Padrnos, second by Baumgartner: to approve the agenda. Motion passed unanimously .


Motion by Baumgartner, second by Ebbers: to approve the consent agenda as submitted. Motion passed unanimously.

• Workshop Minutes and Regular Meeting Minutes of March 6, 2023
• Resolution 2023-35, Approving a Permit for a 1 Day Temporary On-Sale Liquor License to the Olivia Chamber of Commerce


SEH En gineer Updates
Kendra Lyngaas gave updates on the 2023 Seal Coat Project, Highway 212 Water Main project, DePue Avenue Project and Safe Routes/Active Living Trail Phase 3. Lyngaas first started with an update on Highway 212 water main replacing the water main on north side of 212. The City will be replacing 2,500

feet of water main from Bever Creek east to 15th St S. MnDot has approved the permit to allow work in the right-of-way. Easement letters have been sent out to 3 property owners for permanent easements and once signed will advertise for bid. Lyngaas also reported that seal coating in an area of town is done every season to maintain streets. The project area is located on the north side of town and includes approximately 20 blocks. Halliday will be reaching out to surrounding communities to see if there is an interest in adding to Olivia’s existing plan. Opinion of probable cost is $120,000. Halliday stated the Public Works budget for professional services is $150,000 and the 2023 seal coat project fits into that along with planned crack ceiling, dust chloride and snow removal. Lyngaas stated the start date for the DePue Ave Improvement Project depends on weather and how quickly snow melts. The project includes replacing all underground utilities, installing sidewalk on north side of the street, curb and gutter, and street restoration. Lyngaas stated that the Safe Routes to School/Active Living Trail: Phase 2 is slated for construction in 2024 which will include the area from BOLD School to Pond Park. There will be a RRFB Crossing Beacon at Chestnut and HWY 71. Lyngaas also shared the Park Board recommended continuing the trail to the west, from Pond Park to Memorial Park as phase 3.

Hazardous Buildin g (PID 35-02835-00)
Walton directed Council to review the inspection reports provided in the council packet. Walton shared that the building official provided an interior and exterior inspection report deeming the structures on the property hazardous. Walton stated the City can require it to be repaired or taken down. Halliday stated there is approximately $40,000 in the budget available to be used to raise the structures on the property. Walton explained that moving forward the Council can allow the owner a reasonable amount of time to repair or take the structures down, if they don’t comply Walton will file an action with the Court to enforce the order. Council directed Walton to notify the property owner via letter that they have 30 days to comply, and the item will return to Council with an update if the property owner does not comply.

Resolution 2023-36, Employment Authorization for Sam Zeitz as Part- Time Office Assistant
Motion by Ferguson, second by Ebbers: to approve Resolution 2023-36, Employment Authorization for Sam Zeitz as Part-Time Office Assistant. Motion passed unanimously.

No additional items or new business items were presented.

Ebbers reported that the board discussed the Chrysler Center. Hawkinson added that the board also discussed air quality at Bayberry.

Pool Board
Padrnos shared that no new information was available but the board was hoping to meet by end of March.

Park Board
Hawkinson shared that the Park Board discussed safe routes to school and park improvement projects.

Other Re port s of Council / Staff
Hawkinson shared that the Community Education Board met and a youth bowling league will be starting in the fall.

No additional reports were presented.

• Employment Opportunities Posted Publicly (Patrol Officer & Summer Public Works Worker)
• Mn DOT Hwy 71 Weigh in Motion Sensor Project – Mary Jo Halliday
• Next Regular Meeting Monday, April 3rd at 5:30pm

Mn DOT Hwy 71 Weigh in Motion Sensor Project – Halliday received an email from MnDOT informing the City of an upcoming project in 2025 for a weigh in motion sensor along south highway 71.

Motion by Padrnos, second by Ebbers: to close the regular meeting. Motion passed unanimously. Hawkinson called for a motion to close the meeting pursuant to MN Statute 13D.05 subd. 2(b) and MN Statute 13D.05 subd. 2(a)(2} to start the conversations around preliminary considerations of allegations against an individual subject to our authority.

Hawkinson reopened the regular meeting at 6:29.
Motion by Ferguson, second by Ebbers: To reopen the regular meeting. Motion passed unanimously.

Tietjen stated the City Attorney, Aaron Walton, requested that allegations against him be open to the public. Halliday stated that there is a conflict between Police Chief Jason Krumheuer and City Attorney Aaron Walton. Police Chief filed complaints dated 2/24 and 3/15 alleging attorney misconduct. Aaron Walton filed a complaint dated 2/27 against Police Chief. Staff recommends hiring a special counsel and an investigator.

Motion by Ebbers, second by Baumgartner: to hire the firm Kennedy and Graven as special counsel and Everett Law as an investigator. Motion passed unanimously.

Motion by Baumgartner, second by Ebbers: to establish a review committee made up of the Mayor, City Administrator and Council Member Padrnos. Motion passed unanimously. Tietjen informed the public that the purpose of the review committee is to have a smaller subset of the council to receive and review the findings from the investigator and make a recommendation back to the City Council if necessary.

Ferguson shared there would be a memorial for Isaac Hoff on Friday March 24th at BOLD High School.

Motion by Padrnos, second by Baumgartner: to adjourn the meeting at 6:35 P.M. Motion passed unanimously.

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