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HomeMy WebLinkAbout2013-08-27 Council MinutesFaribault City Council Minutes Regular Council Meeting of Tuesday, August 27, 2013 1. Call to Order / Roll Call Pledge of Allegiance Mayor Jasinski called the meeting to order at 7:00 p.m. in the Council Chambers of the Faribault City Hall. Council members present included Duchene, Rowan, Underdahl, VanDyke, Voracek, Walls, and Mayor Jasinski. City staff present included City Administrator Brian Anderson, Public Works Director Travis Block, Police Chief Andy Bohlen, Planning Coordinator Rebecca Bowers, Community Development Coordinator Kim Clausen, Building Official Al Ernste, Library Director Delane James, City Engineer Tim Murray, Buckham Center Director Paul Peanasky, City Attorney Scott Riggs, Community Development Director Peter Waldock, and Deputy City Clerk Carole Luczak, 1A. Police Officer Oath of Office - Joshua W. Sjodin Police Chief Andy Olson introduced the new Police Officer Joshua Sjodin and provided a brief background. City Administrator Brian Anderson administered the oath, swearing in Joshua Sjodin as Police Officer for the City of Faribault. Officer Sjodin thanked his family, friends and co- workers for their support as he accepted the position of a Faribault Police Officer. 2. Approve minutes of August 13, 2013 Regular Council Meeting Motion by Council member Underdahl, seconded by Council member VanDyke, carried unanimously, to approve the minutes of the August 13, 2013 Regular Council Meeting. 3. Routine Business Motion by Council member Duchene, seconded by Council member Rowen, carried unanimously, to approve Items A — L. A. Approve list of bills to be paid B. Approve Exempt Gambling Permit for Ladies of Ducks Unlimited -Girls with Guns Chapter 329 to be held on October 11, 2013 at the American Legion C. Resolution 2013 -141 Approve Charitable Gambling Board Recommendation of $2,000 Donation to Old Prairieview Cemetery D. Resolution 2013 -142 Approve Charitable Gambling Board Recommendation of $1,000 Donation to Ruth's House of Hope E. Resolution 2013 -143 Approve Charitable Gambling Board Recommendation of $5,000 Donation to Faribault Soccer Association F. Resolution 2013 -2014 Agreement for Youth Liaison Program (SRO) and Reimbursement from the School District #656 08 -27 -2013 City Council minutes Page 1 of 7 G. Approve Temporary Liquor License for the Faribault K. C. Home, Inc. Annual Fall Festival to be held on September 13, 2013 at the Knights of Columbus Hall, 17 3rd Street NE and Parking Lot No. 13--- - - - - - -- H. Approve Quote to Repair Lily Pad Floats at Faribault Family Aquatic Center I.- Approve Agreement for 2013 Airfest at Municipal Airport on September 13 -14, 2013 J. Approve 2013 Industrial Wastewater Discharge Contract for Roberds Lake Service District K. Approve Professional Services Proposal for Interim Planning & Zoning Services L. Approve Installation of Wellhead Protection Signs 4. Requests to be Heard A. Citizen Comment Period 5. Public Hearings - None 6. Items for Discussion A. Resolution 2013 -151 Approve Fire Chief Hiring Human Resources Coordinator Kevin Bushard requested Council consideration of approval of Resolution 2013 -151 to approve the hiring of Dustin Dienst as Fire Chief for the City of Faribault. Bushard reported that the City had received twenty -three applications for the posted position. Six candidates were selected for interviews, and four finalists were selected for the final panel interviews conducted on August 21 and 22, 2013. Mr. Dienst was conditionally offered the position pending Council approval, with an expected start date no later than October 7, 2013. Council members thanked the Staff for their hard work, and commented that the promotion was an advancement opportunity for Dusty within the City. Dustin Dienst thanked the Council and Staff for the opportunity to work as the new Fire Chief for the City of Faribault. No one from the public wished to be heard on this item. Motion by Council member Duchene, seconded by Council member Voracek, carried unanimously, to adopt Resolution 2013 -151 Approve Fire Chief Hiring of Dustin Dienst. B. Resolution 2013 -144 Approve Deer Management Hunt Plan at River Bend Nature Center (RBNC) - Bow Only Buckham Center Director Paul Peanasky provided an update on the proposed River Bend Nature Center deer hunt, bow only, which would be held the last week of November or the first week of December 2013. Deer hunts have been conducted in the past, and the City and DNR would be notified with the approved hunt date(s). RBNC would be staffing 08 -27 -2013 City Council minutes Page 2 of 7 i all entrances to the facility. Garrett Genereux, RBNC staff member, confirmed the last deer hunt in 2005 and 2006 ---w—as—g-un and archery. The-201-3-hunt-would-be-archery only, which can -be- safer -a &-the Nature Center is close to residential areas. Greg Carlson, RBNC Board of Directors member, stated they want to institute a Deer Management Policy, bow only, due to staffing concerns and it is a work in progress. It would encompass more than just a hunt, and they were requesting authority to have a deer hunt. Mr. Carlson confirmed that all entrances to RBNC volunteers would be staffed during the hunt. Council members discussed the fact that the deer appear very tame, food sources are readily available, and apparently a large population. They also expressed concerns about resident safety. RBNC stated that the public would be notified during the hunt. Motion by Council member Walls, seconded by Council member Underdahl, carried unanimously, to adopt Resolution 2013 -144 Approve Deer Management Hunt Plan at River Bend Nature Center - Bow Only C. Resolution 2013 -147 Approve a Conditional Use Permit Amendment for Faribault Energy Park at 4100 Park Avenue Planning Coordinator Rebecca Bowers presented a Conditional Use Permit Amendment (CUPA) request to construct a gazebo and install benches on the trails through the wetland area of the property located at 4100 Park Avenue. The gazebo and benches would enhance the site's education theme for visitors that wish to view the natural areas. The Planning Commission considered the CUPA at the August 19, 2013 meeting. The adjacent property owner did call and was supportive of the project. The Commission discussed the proposed additions stating the gazebo and benches had been approved in the previous CUP's. The request supported the site's educational theme and the Commission recommended approval of the project. Bowers stated she just received a verbal request about the addition of a monument sign, and that the applicant would like to have it placed at the south entrance. Council members discussed the project, stating it would be a positive addition to complete their project. Safety concerns were expressed as to placement of a monument sign due to the steam during cooler weather and the visibility becomes poor. Bowers reported that the applicant still needed to apply for a sign permit, and further information would be necessary prior to approval. No one from the public wished to be heard on this item. Motion by Council member Duchene, seconded by Council member Voracek, carried unanimously, to adopt Resolution 2013 -147 Approve Conditional Use Permit Amendment for Faribault Energy Park at 4100 Park Avenue 08 -27 -2013 City Council minutes Page 3 of 7 D. Resolution 2013 -148 Approve a Variance for Building Materials for a Greenhouse Addition for Living Greens Farm at 1512 30th Street NW Planning Coordinator Bowers presented a request from Living Greens Farm, to construct a 17,280 square foot greenhouse addition to their current facility. The Planning Commission held a public hearing on August 19, 2013; no members of the public attended. The Commission discussed the variance request proposal was unique, as the materials are part of the manufacturing process, and also noted that the City had previously granted a similar request for the power plant. The applicant's request is actually opposite of City ordinance, which requires materials match the existing building. The Planning Commission unanimously recommended the variance for approval. CEO Dana Anderson, thanked the Council for approving their project and talked briefly about the hydroponic system currently being developed. * They are 3 -4 months out before finalizing their design and would build in'the spring. Council members queried if the company would be utilizing a rain water collection system. Mr. Anderson responded that 95% less water (from the City) was a possibility but was not part of the current design. Motion by Council member Voracek, seconded by Council member VanDyke, carried unanimously, to adopt Resolution 2013 -148 Approve Variance for Building Materials for a Greenhouse Addition for Living Greens Farm at 1512 30th Street NW E. Tobacco License for Holy Smoke at 328 4th Street NW, Suite 100 — REMOVED F. Resolution 2013 -136 Approve Purchase Agreement for 29 1 st Ave SW Community Development Coordinator Kim Clausen provided the Council with an update regarding the purchase of the property at 29 1St Avenue SW. Council had previously directed Staff to negotiate the purchase on June 25, 2013, contingent on the hazardous materials testing. Environmental Assurance testing has indicated that the fourplex contains asbestos. The current building owner, Wells Fargo, declined to do additional testing and has agreed to a new purchase price of $35,000.00. The City and Attorney Riggs have also reviewed the Purchase Agreement. Staff plans to complete the asbestos abatement upon purchase. The demolition of both this building and at 21 1St Avenue SW would be done at the same time to minimize the City's costs. Council confirmed with Staff that the purchase of the building was part of the overall Master Plan for the area. No one from the public wished to be heard on this item. Motion by Council member Voracek, seconded by Council member Walls, carried unanimously, to adopt Resolution 2013 -136 Approve the Purchase Agreement for 29 1st Avenue SW, Faribault, Minnesota for $35,000.00. 08 -27 -2013 City Council minutes Page 4 of 7 G. Resolution 2013 -149 Order Improvements, Approve Plans and Specifications, and Establish Bid Date for 2013 Miscellaneous Storm Sewer Improvements — Contract City Engineer Tim Murray requested Council approval to order improvements, approve plans and specifications, and establish a bid date the 2013 miscellaneous storm water improvements. Five project locations have been identified for replacement or improvements in 2013, but the overall completion of the project may be flexible. Two projects would be required for completion in 2013: 2nd Street NW— Central Avenue to 150 west and County Club 6th Addition— Paulis Drive Low Point Overflow Grading, with the remaining projects to be completed by July 2014, The Storm Water Utility Fund will fund the proposed project. No one from the public wished to be heard on this item. Motion by Council member Underdahl, seconded by Council member Duchene, carried unanimously, to adopt Resolution 2013 -149 Order Improvements, Approve Plans and Specifications, and Establish Bid Date for 2013 Miscellaneous Storm Sewer Improvements — Contract 2013 -08 H. Nuisance Abatement Action, Petro Wash, 3044 Highway 60 West Community Development Director Peter Waldock provided a brief update on the Petro property located at 3044 Highway 60 West. The owner appealed the abatement action to the Council held during the Special Council meeting on August 13, 2013, and were granted an additional 2 weeks to address the issues. City Attorney Scott Riggs and Waldock have not received the business plan or bond as required by the City. It was recommended the City proceed with the Nuisance Abatement Action approved by Resolution 2013 -110 on June 25, 2013, Zachary Klaus, MPCA Tank Inspector, presented the history of the three tanks on the property which were installed in 1977. Inspection records and violations indicated the owner has numerous violations and failure to comply with MPCA requirements. Mr. Klaus indicated that hazardous conditions exist at this site, and hazardous waste exists in the tanks and ground due to improper maintenance of the tanks. The extent of the contamination would need to be determined. Council members discussed the options regarding code enforcement, the owner's liability caused due to the contamination, the City's responsibility, recouping costs of the City's enforcement actions, or if the City should consider purchasing the property. Council realized that it was difficult to proceed with the enforcement action as the City's taxpayers will end up footing the bill. They also inquired if Staff and City could have proceeded differently to minimize or eliminate the abatement action. City Attorney Scott Riggs replied that State statute limits cities when dealing with enforcement issues but the lack of action from the owner does not prohibit the City from the abatement action. The Council directed Attorney Riggs to proceed with notifying the property owners of record with the costs being assessed to the property. 08 -27 -2013 City Council minutes Page 5 of 7 Motion by Council member Voracek, seconded by Council member Duchene, carried unanimously, to deny the appeal of Resolution 2013 -110, to approve Bob's Electric quote - of$2,640- for - removal -of- the- signs,—and -approve— up- t-o$4-,000- for - the - demolition- o€the -sig foundation in the public easement. 7. Bids A. Resolution 2013 -150 Accept Bids for St. Paul Avenue /Eastside High Pressure Zone — 2013 Watermain Improvements - Contract 2013 -07 City Engineer Tim Murray requested Council consider accepting the bids for the 2013 Watermain Improvements. The project includes the work for St. Paul Avenue /Eastside High Pressure Zone. Construction on the project would begin early September with substantial completion by late October 2013, and would be funded from the Water Utility Fund. Council members requested that notification letters be mailed to abutting property owners as it may impact some business owners. Murray stated that the affected street will remain open during the construction project, and would also notify the additional property owners. No one from the public wished to be heard on this item. Motion by Council member Duchene, seconded by Council member Rowan, carried unanimously, to adopt Resolution 2013 -150 Accept Bids for St. Paul Avenue /Eastside High Pressure Zone — 2013 Watermain Improvements, awarding the contract to Wencl Construction. B. Approve Quote for Buckham Memorial Library Restoration of East Facade Library Director Delane James requested Council consider approval to proceed with the exterior restoration of the Library's east fagade. The Library's operating budget will fund the restoration project. Three quotes were received for the proposed project, with low bid received from Met -Con Construction, Incorporated for $44,023.00. Council inquired if an alternate bid was necessary for the project. James responded it was not required. No one from the public wished to be heard on this item. Motion by Council member Voracek, seconded by Council member VanDyke, carried unanimously, to accept the low quote of $44,023 from Met -Con Construction, Incorporated for restoration of the East Facade of the Buckham Memorial Library. 08 -27 -2013 City Council minutes Page 6 of 7 8. Announcements mil member Wa1 s�naed resiae—nts--that the 2-013 =2014 school year has begun, and to please be mindful of the students. Mayor Jasinski requested an update of the current road construction project on State Highway 21, since school is now in session. City Engineer Murray stated the project is on schedule, and may continue until mid - September. The City is also aware of the extra dust caused by the various construction projects. Council member Voracek informed the residents that the Council was now utilizing (pads in the City's effort to go paperless, and tonight's meeting saved over 1,500 sheets of paper. 9. Adjournment Motion by Council member Walls, seconded by Council member VanDyke, carried unanimously, to adjourn the meeting at 8:25 p.m. Respectfully submitted, Carole A. Lucza , Deput City Clerk 08 -27 -2013 City Council minutes Page 7 of 7