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City Council Minutes 01-12-2015MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, January 12, 2015 — 7 p.m. Mississippi Room, Monticello Community Center Present: Brian Stumpf, Charlotte Gabler, Lloyd Hilgart, Tom Perrault, Glen Posusta Absent: None Oath of Office: City Administrator Jeff O'Neill administered the oaths of office to newly elected Council Member Charlotte Gabler and Mayor Brian Stumpf. 1. Call to Order and Pledge of Allegiance Mayor Stumpf called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was recited. 2A. Approval of Minutes — December 8, 2014 Special Meeting (eval) TOM PERRAULT MOVED TO ACCEPT THE DECEMBER 8, 2014 SPECIAL MEETING MINUTES AS PRESENTED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 3 -0. (Charlotte Gabler and Lloyd Hilgart did not vote.) 2B. Approval of Minutes — December 8, 2014 Special Meeting (budget) LLOYD HILGART MOVED TO ACCEPT THE DECEMBER 8, 2014 SPECIAL BUDGET MEETING AS PRESENTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 2C. Approval of Minutes — December 8. 2014 Regular Meeting LLOYD HILGART MOVED TO ACCEPT THE DECEMBER 8, 2014 REGULAR MEETING AS PRESENTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 2D. Approval of Minutes — December 22, 2014 Special Meeting TOM PERRAULT MOVED TO APPROVE THE DECEMBER 22, 2014 SPECIAL MEETING AS PRESENTED. GLEN POSUSTA SECONDED THE MOTION AND REMINDED STAFF TO FOLLOW UP WITH ANSWERS TO QUESTIONS ON THE BILLS. MOTION CARRIED 5 -0. 3. Consideration of adding items to the agenda • Council Updates (Brian Stumpf) City Council Minutes — January 12, 2015 4. Citizen comments, public service announcements, and updates A. Citizen Comments: None B. Public Service Announcements: 1) Planning Commission vacancy — Angela Schumann announced that the city is accepting applications for an opening on the Planning Commission created by the resignation of Charlotte ;abler, who is serving on Council. This is a 3 -year term and candidates must be city residents; go to the city website for an application. C. Updates: 1) FiberNet upgrade - Rachel Leonard talked about the recent upgrade to the system which resulted in a more stable platform. Next step is an upgrade in the switch from a C7 platform to an E7 platform. The first section of the city has been transitioned today (January 12th) and everything went according to plan. This area will be monitored for two weeks before the next step is undertaken. Rachel Leonard also reported that some of the cable television packages will see price increases; this is the first rate increase in several years. The notice has gone out with the January bills. 2) AV System upgrade - Bill Bruce from Sherburne Wright Cable Commission (SWCC) updated Council on the new upgrade to an HD platform. He gave a brief explanation of the function of the SWCC in providing AV systems for the ten member cities, including Monticello. The commission approved utilizing franchise fees to make the HD upgrade. Bill invited staff to take a look at the new equipment in the AV Room. The next step will be an upgrade to the audio system. Bill also announced that the commission is busy taping various high school games including several at Monticello which will be published on Channel 19 TV. Bill also thanked Cathy Shuman for her years of service on the Cable Commission as a representative from Monticello. 5. Consent Agenda: A. Consideration of approving payment of bills for January 12a`. Recommendation: Approve bill and purchase card registers for a total amount of $805,292.64. B. Consideration of approving new hires and departures for City departments. Recommendation: Ratify the new hires and terminations for Parks, MCC, and FiberNet. C. Consideration of adopting Resolution #2015 -001 appointing directors to the Sherburne Wright Cable Commission. Recommendation: Adopt Resolution #2015 -001 appointing Jeff O'Neill as director and Kitty Baltos as alternate director to represent the City on the Sherburne Wright Cable Commission. City Council Minutes — January 12, 2015 D. Consideration of approving an application for a temporary charitable gambling permit for a raffle conducted by the Monticello Chamber of Commerce for Frostbite Days on January 10th, 2015. Recommendation: Approve an application for a temporary charitable gambling permit for the Monticello Chamber to conduct a raffle for Frostbite Days on Saturday, January 10, 2015. E. Consideration of approving a contract with the Wrie -it County Assessor's Office for 2016 -2017 assessing services. Recommendation: Approve a contract with the Wright County Assessor's Office for assessing services from January 2, 2015 to June 30, 2017 at the rates proposed including a fee of $10.50 per parcel. F. Consideration of appointing two representatives to the Monticello Planning Commission to fill vacancies for terms to expire on 12/31/2017. Recommendation: Approve the appointments of Linda Buchmann and Sam Murdoff to the Monticello Planning Commission with terms to expire December 31, 2017. G. Consideration of appointing two representatives to the Monticello EDA to fill vacancies for terms ending on 12/31/2017 and 12/31/2020. Recommendation: Approve appointments to the Monticello EDA for Jim Davidson for a 6 -year term to expire December 31, 2020 and Steve Johnson to fill the vacancy created by a resignation with term to expire on December 31, 2017. TOM PERRAULT MOVED TO APPROVE THE CONSENT AGENDA WITH THE ADDITION OF 5G BY MOVING 7C FROM THE REGULAR AGENDA. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 6. Consideration of items removed from the consent agenda for discussion No items were removed from the consent agenda. 7. Regular Agenda: A. Public Hearing - Consideration of adopting Resolution #2015 -002 approving amendments to the Waste Water Treatment Facility Plan for the Digester Cover Improvements, City Project No. 14CO02 Shibani Bisson provided a brief introduction to Council, explaining that the public hearing is required as part of the facility plan amendment for this project. If the Council moves forward, this project will take place as part of the Phosphorous Reduction Improvement Project which is slated to begin this year. Shibani Bisson turned the presentation over to Tom Roushar, a project manager from WSB. Tom Roushar pointed out that the City intends to take advantage of a low interest loan through the Public Facilities Authority (PFA), which requires an amendment to the Facility Plan for the digester cover replacement project. Tom Roushar City Council Minutes — January 12, 2015 summarized the situation concerning the digester covers. Digester #1 is the primary digester, was originally constructed in 1982, and the cover was replaced in 1996. Digester #2 was constructed in 1982 and, due to poor condition, the cover was replaced in 1993. Tom Roushar talked about alternative digester cover replacements of either membrane or steel. WSB is recommending the steel covers which should last a minimum of 20 years. There are no membrane covers older than 15 years and no evidence that they would last 20 years. Tom Roushar discussed some additional digester improvement measures including concrete deterioration repair, replace piping as needed, overhaul of the digester #2 mixer, and cut hatches into the side of the digesters for easier access. Tom Roushar also noted that WSB has evaluated the conversion of the unused 650,000 gallon biosolids storage tank into a digester. Having additional digester capacity would increase solids reduction and reduce costs related to operating the screw press, hauling, and landfilling. However, WSB found that the cost to convert the tank into a digester would exceed the cost savings that could be realized. Charlotte Gabler asked if it would be better to add this digester into this project or to wait. Tom Roushar said that they would recommend waiting until the time that another digester would be needed, such as when there is a future increase in development. Tom Roushar cautioned against overbuilding as that can be very expensive in terms of operations and maintenance. WSB recommends replacing the digester covers by placing a fixed cover on digester #1 and a floating cover on digester #2. The City would realize about $40,000 cost savings with a fixed cover on digester #1. Tom Roushar estimates a total cost of $1,587,000 for this project, with an annual debt service cost of $92,500 over a 20 year term. It is anticipated that this would require a 5% increase in water and sewer rates to fund this debt. As part of the public hearing process, WSB recommends that Council adopt the resolution accepting the Digester Cover Replacement Facility Plan amendment. If approved, the plan amendment will be submitted to the MN Pollution Control Agency (MPCA) to secure a low interest loan through the PFA. Tom Roushar also noted some of the additional requirements for submittal of the facility plan docu- nents. Tom Roushar reviewed the project schedule that is anticipated for this project with submission of the plan to the MPCA by January 23ra Lloyd Hilgart asked Tom Roushar to explain the process for replacing the covers. Tom Roushar explained that basically one digester would be shut down at a time; that one would be cleaned, repaired, and a new cover put in place. The other digester would continue running while the other is down. It is hoped to complete this in one year but may run over a two -year time frame for the entire project to be completed depending on seasonal conditions. Lloyd Hilgart asked if would be possible to bid this project in two options, with one cover at a time or both covers, in the case that the project would run more than a year. Tom Roushar indicated City Council Minutes — January 12, 2015 that it would be hoped to complete the project in one season so he would prefer bidding both covers at once. He believes that would also be more cost effective. Charlotte Gabler asked about the number of gallons of water per day that is released by the Wastewater Plant. Tom Roushar explained that about 1.08 million gallons on average are discharged daily. Charlotte Gabler asked if it would be possible to recycle the discharged water for other uses. Tom Roushar stated that may be possible but there are a number of considerations for recycling of discharged water. It was concluded that may be a discussion for another day. Mayor Stumpf opened the public hearing. As there were no comments, he closed the public hearing. GLEN POSUSTA MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2015 -002 APPROVING AN AMENDMENT TO THE MONTICELLO WASTEWATER TREATMENT FACILITY PLAN FOR DIGESTER COVER IMPROVEMENTS, CITY PROJECT NO. 14C002. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. B. Consideration of ap roving appointments and designations for 2015 Jeff O'Neill explained that the first meeting of the year is set for Council to approve designations and appointments for the year. He suggested that Council review the recommendations and make adjustments. Lloyd Hilgart stated that he was interested in making a few changes. He talked to Tom Perrault who was okay with taking the liaison for Emergency Planning for both Xcel and the County and the liaison for the Safety Committee. Charlotte Gabler said she was okay with all. Glen Posusta stated that he could not serve on the Police Advisory Commission (PAC) due to a conflict with his schedule; Tom Perrault is willing to continue as the liaison for the PAC. Glen Posusta also suggested that the Mayor should be on the Bertram Chain of Lakes Advisory Council; Brian Stumpf will replace Charlotte Gabler as a voting representative. Tom Perrault was concerned about the reappointment of Elizabeth Cooper on the PAC as she has not attended a meeting since being appointed to fill out the term of Chuck Fradella. TOM PERRAULT MOVED TO NOT REAPPOINT ELIZABETH COOPER FOR THE POLICE ADVISORY COMMISSION AND ADVERTISE TO FILL THE POSITION. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. LLOYD HILGART MOVED FOR ALTERNATIVE #1 APPROVING THE PROPOSED APPOINTMENTS AND DESIGNATIONS FOR 2015 WITH THE CHANGES AS RECOMMENDED BY COUNCIL MEMBERS. CHARLOTTE GABLER SECONDED THE MOTION. MOTION CARRIED 5 -0. City Council Minutes— January 12, 2015 C. Consideration of ap op intro two representatives to the Monticello EDA to fill vacancies for terms ending on 12/31/2017 and 12/31/2020 This item was moved to 5G on the consent agenda. D. Consideration of ap op inting two Council members to the Steering Committee for the Bertram Chain of Lakes Regional Athletic Park RFP & Master Planning Project Angela Schumann explained the purpose of the Steering Committee for the BCOL Athletic Park Planning Project and the structure of the committee which is to include two city council members. Council is asked to appoint two members to the committee. Glen Posusta asked when the committee anticipates that their meetings would take place. Angela Schumann explained that it may be likely that the group will meet in the morning. Brian Stumpf asked for volunteers to serve. Council members commented that they were not comfortable volunteering until they know when the group will meet. Lloyd Hilgart suggested that perhaps they could volunteer and then make changes if it doesn't work out. Charlotte Gabler and Lloyd Hilgart volunteered to serve on the Steering Committee. GLEN POSUSTA MOVED FOR ALTERNATIVE #1 TO APPOINT CHARLOTTE GABLER AND LLOYD HILGART TO SERVE ON THE STEERING COMMITTEE FOR THE BERTRAM CHAIN OF LAKES REGIONAL ATHLETIC PARK RFP AND MASTER PLANNING PROCESS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. E. Administrative Hearing — Consideration of an appeal of Administrative Decision as related to application of Monticello Zoning Ordinance Chapter 4, Section 2 — Tree Protection. Applicant: Aitchison/Brent and Lanette, 612 W 4t' Street Angela Schumann provided an overview of the request for Council to consider an appeal of an administrative decision related to the Monticello Zoning Ordinance Chapter 4, Section 2 — Tree Protection. Angela introduced the parties that are present to speak at the hearing: Brent and Lanette Aitchison, their attorney and arborist, the city's consulting arborist and city attorney, and Pat Benoit. At the Planning Commission's administrative hearing on December 2, 2014, the Planning Commission, acting as a Board of Adjustment and Appeals, found in favor of the City that the tree in question does not meet the definition of a specimen tree. The subject tree, a silver maple, is located on the property line between 612 W 4t' Street and the Vine Street plat proposed by Benoit Properties LLC. During the Planning Commission public hearing on July 7, 2014 related to the preliminary plat and variance request, Brent and Lanette Aitchison brought up the subject of tree protection for the large tree on the property line. The Planning City Council Minutes — January 12, 2015 Commission added a condition to the approval of the plant and variance for protection of the tree during the development process. When Council reviewed the preliminary and final plat for Vine Street Place on August 11, 2014, the tree was again noted as a concern by the Aitchison's. When Council approved the request, the approval condition relating to tree protection was included in the city council resolution. To address the condition relating to tree protection, Pat Benoit of Benoit Properties LLC, consulted with a certified arborist with Tri- County Tree Service. This arborist measured the tree at 34 inches and provided recommended protection measures in keeping with the conditions of approval. The Aitchison's hired a certified master arborist, Faith Appelquist of Tree Quality, Inc. to complete an evaluation of the tree. During her evaluation, Ms. Appelquist measured the tree at 38 inches. Her report was forwarded to the City by the Aitchison's attorney, Amy Sauter. For purposes of determining the proper application of the city zoning ordinance, the City Attorney recommended that the City obtain an independent measurement of the tree. Manuel Jordan of Heritage Shade Tree Consultants was engaged by the City to measure the subject tree and provide an explanation of his methodology. The city's arborist found the "diameter at breast height" (DBH) measurement to be 34 inches, whereas the Aitchison's arborist found the DBH measurement to be 38 inches. The city's Tree Protection ordinance states that a DBH of 36 inches or greater would qualify as a specimen tree. Brian Stumpf asked Pat Benoit to speak on how this might affect him if this tree is found to be a specimen tree. Mr. Benoit noted that it affects his ability to develop his property the way he desires. He wanted to trim the canopy of the tree so that the structure would not interfere with the tree, but was told by the Aitchison's that would not be satisfactory with them. Attorney Amy Sauter and Master Arborist Faith Appelquist introduced themselves and spoke on behalf of the Aitchison's. Ms. Sauter provided background on the tree, which is a 50 year old silver maple, and showed an aerial of the tree. Under Monticello's tree protection ordinance, a tree with a DBH of 36 inches or more is considered a specimen tree and would be afforded tree protection. Appelquist provided technical information on measuring DBH on a tree, concluding that it should be measured at 4.5 feet from the soil line. Lloyd Hilgart asked why her measurement was also lower than 4.5 feet. Appelquist explained that she actually measured the tree lower than 4.5 feet due to a large knot on the tree where a branch had been removed. Appelquist commented that the city's consulting arborist measured the DBH at 34 inches based on slightly different criteria. Appelquist then quoted Dr. Kim Coder, who is considered an expert on the tree appraisals and was contacted by the Aitchison's about this tree. According to Dr. Coder's opinion: "the narrowest diameter below 4.5 feet should represent the diameter for appraisal. Appraisal is not usually considered for most City Council Minutes — January 12, 2015 ordinances and regulatory systems. A tree of this size should be measured at 4.5 feet above the soil surface." Appelquist feels that the city would be violating its own ordinance if they do not consider the measurement at 38 inches to be the correct one. Angela Schumann noted that the city's ordinance states the measurement of a specimen tree should be at DBH of 36 inches or more, but does not indicate that measurement should be taken at 4.5 feet. Appelquist asked the parties to consider if there is a solution that could meet everyone's interest. She suggested perhaps the developer could reconfigure the duplex layout to save the tree or design a courtyard around the tree. Tom Perrault asked Pat Benoit to comment on what he could possibly do. Pat Benoit stated that they have adjusted their plans to meet the setbacks and cannot alter the duplex layout any further. Pat Benoit stated that he is interested in having the tree trimmed professionally to reduce the canopy with the goal of preserving the tree, which lies on the property line and extends over his property. Faith Appelquist indicated that her concern is not only with trimming the tree at the canopy, but taking care that the roots are not disturbed. She noted that the tree roots need a distance of 28 feet from the base of the trunk for a 100% chance of survival. Appelquist suggested there are ways to make adaptions to protect the roots, but cutting them or putting a building in that area would reduce the chance of survival. Glen Posusta stated that he does not necessarily agree with Ms. Appelquist and feels that the canopy can be trimmed as Mr. Benoit desires without impacting the survival of the tree. Angela Schumann reiterated that the decision of Council should be based on whether the DBH is correct at 34 inches (non - specimen tree) or 38 inches (specimen tree). Schumann pointed out that the Tree Protection ordinance does not specify where a tree measurement for DBH should be taken. The ordinance does mention tree protection for specimen trees in terms of the dripline or within 12 feet of the trunk. The Planning Commission is likely to consider clarifying the ordinance to include a description of measurement of DBH following this. Lloyd Hilgart asked to have the city's consulting arborist explain the rationale that he used to determine the DBH of the tree. Manuel Jordan from Heritage Shade T ree Consulting explained that he had done research for this case which indicated that there are a number of ways that the DBH measurement could be taken in order to measure the trunk diameter. He studied the tree and determined the site of measurement based on the "branch bark ridge" (where two sets of tree tissue come together) which can be viewed in some of the pictures included in the supporting data. Lloyd Hilgart pointed out his appreciation for the difficulty in determining the method to measure the DBH and felt the explanation provided by Mr. Jordan was helpful. Jordan also spoke to the email response provided by Dr. Coder, and noted that Dr. Coder spoke to a variety of methods that are used for tree diameter measurements as well as the 4.5 foot height. Mr. Jordan also commented that the "purpose of the measurement" helps determine where the measurement would take place to find the DBH of a tree. City Council Minutes — January 12, 2015 GLEN POSUSTA MOVED FOR ALTERNATIVE #1 DENYING THE APPEAL AND AFFIRMING THE DETERMINATION BY THE COMMUNITY DEVELOPMENT DEPARTMENT THAT MONTICELLO ZONING ORDINANCE, CHAPTER 4, SECTION 2 — TREE PROTECTION, IS NOT APPLICABLE TO THE SUBJECT TREE, BASED ON FINDINGS AS FOLLOWS. LLOYD HILGART SECONDED THE MOTION. MOTION r n n n TED 4 -1 WITH CHARLOTTE GABLER VOTING I1VT OFPOSITIGN. CARRIED • Diameter at breast height is a variable measurement based on characteristics of the tree being measured for ordinance. • The subject tree has been measured at 34" diameter breast height by the City of Monticello's consulting arborist, using commonly accepted and practiced methodology. • The determination by the Community Development Department that the tree is not a specimen tree is reasonable and supported by the record. Brent Aitchison asked to make a final comment. Mr. Aitchison indicated that he has never been opposed to the building proposed by Mr. Benoit. His concern is based on preserving the tree on his property, and he feels that the tree would be compromised by the location of the proposed building, according to the information provided by the tree experts. Faith Appelquist added that, if the city accepts the measurement of 34 inches for DBH, she feels the City would not be following their own ordinance. City Attorney Tom Scott provided his opinion on the city ordinance, which he noted does not specify a measurement, but rather presumes that DBH will be determined based on obtaining the best site of measurement, which could be at 4.5 feet if the trunk was straight and had no deformities. Mr. Scott feels that the city's consulting arborist properly determined the DBH as 34 inches based on his best knowledge and review of industry literature, and this does not violate the city's ordinance. The Planning Commission, the City Council, and the Board of Appeals have all agreed on the application of the Tree Protection ordinance in determining DBH for this tree. Brian Stumpf asked Tom Scott to comment on what would happen if the tree would not survive. Mr. Scott stated that would not matter at this time because the determination at this time is whether or not this is a specimen tree. Tom Perrault asked Tom Scott to reaffirm that the measurement determined by Manuel_ Jordan was appropriate. Tom Scott explained that he attended the Planning Commission's administrative hearing on December 2, 2014, and he was able to listen to both sides of the discussion that took place at that time. He is satisfied that the city's arborist did an appropriate job of measuring the DBH. Lloyd Hilgart stated that he is comfortable with the measurement taken by the City Council Minutes — January 12, 2015 city's arborist and the information that he provided to the city to substantiate his findings. F. Consideration of authorizing city staff to investigate selling the biosolids farm property at 1645 CR 39 NE (PID 213 - 100 - 081400) Jeff O'Neill explained that this request is being made so that city staff can move ahead to look at the options for putting the biosolids fare.. on the market. He noted a number of items that should be looked at before marketing the property. Glen Posusta feels this does not need to be done now as the farmland is leased out for the next two years. Brian Stumpf indicated that he would like to see staff begin on this now so it is ready to market when the lease is up. Glen Posusta noted that land values have been increasing, and he thinks the city should take advantage of the maximum amount they can get for the land. Tom Perrault noted that the irrigation system appears to be impacted by the acreage that is being taken from the property for the athletic complex, and therefore should be included in the study by city staff. CHARLOTTE GABLER MOVED FOR ALTERNATIVE #1 TO AUTHORIZE CITY STAFF TO INVESTIGATE SELLING THE BIOSOLIDS FARM PROPERTY AT 1645 CR 39 NE AND REPORT BACK TO COUNCIL WITH THE FINDINGS. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. 8. Added items • Council Liaison Updates — Brian Stumpf encouraged council members to share reports from the boards on which they serve so that all members and the public can be kept updated. • Charlotte Gabler commended the various city departments for their hard work and all they do. 9. Adjournment GLEN POSUSTA MOVED TO ADJOURN THE MEETING AT 9:19 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Catherine M. Shuman Approved: January 26, 2015 Attest: &8p�) "'e'l Ci inistrator City Council Minutes— January 12, 2015 10