City Council – 08-09-11 – Page 1

MINUTES

REGULAR SAINTMICHAELCITY COUNCIL MEETING

AUGUST 9, 2011

Saint Michael City Center7:00 p.m.

Present: Mayor Jerry Zachman; Council Members Kevin Kasel, Joe Marx, Nadine Schoen, and Cindy Weston;Community Development Director Marc Weigle; City Engineer Steve Bot; City Attorney Dave Lenhardt; City Administrator Bob Derus; and City Clerk Diana Berning. Mayor Zachmancalled the meeting to orderdeclaring a quorum present. The pledge of allegiance was said and the mayor welcomed those in the audience.

Set Agenda.Rescheduling a special meeting at the motocross track on property located at 9221 10th Street NE and a Planning Commission report were added to the Community Development Report. Council MembersMarx/Kaselmoved approval of the agenda as amended. All voted aye.

Citizen Input.No one asked to be recognized under Citizen Input.

Consent Agenda.Item f) was removed from the consent agenda to allow time for the City Attorney to review the language prior to approval. Council Members Kasel/Westonmoved approval of Consent Agenda Items a) throughe) and g),as listed below. All voted aye.

a)Resolution #08-09-11-01 Approving Minutes of the July 26th City Council Meeting

b)Resolution #08-09-11-02 Approving a Two-Day Liquor License for the St. Michael Catholic Church

c)Resolution #08-09-11-03 Thanking Veolia Water and Meiny’s Diggers for Donating and Installing a Water Hydrant for the Community Garden

d)Resolution #08-09-11-04 Approving a Conditional Use Permit for a DVD Dispensing Box at the Holiday Station

e)Resolution #08-09-11-05 Approving a Conditional Use Permit for a Minor Auto Repair Business at 398 Central Avenue East

f)Resolution #08-09-11-06 Adopting Ordinance No. 1106 and Authorizing the Publication of a Summary of Ordinance No. 1106 (Not approved on consent, but approved later in meeting)

g)Resolution #08-09-11-07 Accepting Bids and Awarding CSAH 19 Trail Project

Community Development Report.

Special Meeting at Motocross Track. Due to unforeseen circumstances, the special meeting that was scheduled at 6:00 p.m., August 9th was cancelled. The council discussed other available dates for a special meeting out at the track. Council Members Marx/Kasel moved to set a special meeting out near the track on Tuesday, August 23rd at 6:00 p.m. All voted aye.

Banner Sign Test Project. Community Development Director Weigle explained that due to load restrictions on the street light poles, staff recommends purchasing four city logo banners that could be installed and tested on the light poles prior to allowing businesses to sponsor banners. He noted the brackets are spring loaded and would be able to flex with the wind. If the poles are able to sustain the extra wind load of the banners, the Shop St. Michael group would coordinate the opportunity for any local business to sponsor a banner which would remain up year-round. The council discussed the banners. Most other cities in the area have some type of banner or flag on their poles. The test banners and brackets would be purchased out of the EDA fund. The consensus of the council was to purchase four double panel test banners and brackets to be placed on various street light poles throughout the city.

City Welcome Sign.Weigle discussed the location and potential layout of a City Welcome Sign on the Kwik Trip site with the council. He said the brick work, including footings and foundation, is estimated to cost $10,000; with another $5,000-7,000 needed for the materials of the sign and site work. Kwik Trip has agreed to provide an outlet and lighting for the sign. The council was also provided with samples of stone options for the sign. Weigle noted the materials and stone do not need to be decided at this meeting, but the council should decide whether to move ahead with the sign, so the footings and foundation can be installed before Kwik Trip starts it’s landscaping. There was discussion on where the funds would come from for the sign, which would likely be the EDA fund, unless it could be included as part of the TIF District. The council also suggested staff get quotes from other local contractors for the stone work. Council Members Schoen/Marx moved to direct staff to get quotes and move forward with having the footings and foundation installed for a Welcome sign on the Kwik Trip site. All voted aye.

Donation Box Policy. Weigle stated the Planning Commission discussed and approved a Donation Box policy at its last meeting. He explained the policy is for the large red boxes that are showing up at various locations throughout the city. Some are for non-profit organizations (Salvation Army), others are for profit organizations. The policy limits the location and number of the boxes. The council questioned whether other cities have such policies. Weigle said St. Michael is likely one of the first to create a policy for the donation boxes; but it makes sense to have some regulations on the boxes for the safety of residents and aesthetics of the city. Council Members Weston/Marx moved to adopt the Donation Box Policy as presented. All voted aye.

Planning Commission Report. The council was provided with the draft minutes from the August 3rd Planning Meeting and Weigle reviewed several of the discussion items with the council. He explained that over the years, St. Michael has done a good job of amending ordinances to respond to advances in technology and other changes. He noted staff is proposing to work on an overhaul of the Zoning and Subdivision Ordinances this fall and winter to make them more user friendly for the general public. Charts and diagrams will be added to help explain the language. The council was generally supportive of working on the ordinances to make them more user friendly; however several council members were concerned about the tangible costs associated with the work – whether the ordinance books would need to be re-codified and how much staff time it would take. Weigle will research some of the costs involved and report back to the council later in the year.

There was brief discussion on several other ordinance amendments the Planning Commission considered at the August meeting. It was noted Ordinance No. 1106, which was removed from the consent agenda, allowed for backup generators in residential areas. Several residents have inquired about the use of backup generators and there is one couple waiting for the ordinance to be approved due to health concerns. Council Members Kasel/Weston moved to approveResolution No. 08-09-11-06Adopting Ordinance No. 1106 and Authorizing the Publication of a Summary of Ordinance No. 1106, contingent upon the City Attorney’s review. All voted aye.

City Engineer Report.

Civic Building Basement Dehumidified Discussion. Engineer Bot explained the basement at the Civic Building was built as an unoccupied space; therefore, it was not designed with any conditioning. With the high humidity we have had this summer, there is a lot of moisture and condensation in the basement, which will not be good long-term since it could cause the pipes to rust and deteriorate the items being stored down there. Bot talked with both B&D Plumbing and Heating and the mechanical engineer on the project and both suggested a dehumidifier would help decrease the moisture. The council was provided with several different options for dehumidifiers. The JPWB Water Treatment Plant has several HI-E DRY 195 dehumidifiers, which are high efficient heavy duty dehumidifiers that would work well, but are fairly expensive. The council was provided with the current budget sheet for the Civic Building project which shows there is an adequate amount in the contingency budget to purchase a dehumidifier. Bot noted an outlet would also need to be installed in the basement to run the dehumidifier. After discussion, Council Members Kasel/Marx moved to authorize staff to purchase a HI-E DRY 195 Dehumidifier and to have an electrical outlet installed for the dehumidifier. All voted aye.

Beebe Lake Update. Bot explained Public Works continues to monitor the water levels at Beebe Lake. He noted Beebe Lake still needs to drop 1.68 feet before the outlet can be shut down; however, due to restrictions on downstream flow and the amount of precipitation received this year, he does not anticipate reaching the shutdown level until at least next spring. He also informed council the water is still being pumped from Mud Lake to allow the Beebe Lake outlet to remain open. The pump costs $2,000/month to rent and uses about 50 gallons of diesel fuel/day; and the city is currently on its third month of renting the pump. Bot has been working with the DNR and residents along Mud Lake to receive approval to bounce Mud Lake a foot higher than normal levels, which would alleviate the need to continue pumping. The council questioned whether an electric pump could be used that would be more efficient. Staff has been considering pumping options – whether to buy a used pump rather than rent and will also check into whether there is an electric pump that could be used. Bot commented the pump is shut down on weekends to avoid overtime costs for employees.

The council discussed possible ways to recover some of the extraordinary costs associated with the water levels on Beebe Lake. A comment was made that when the city fixes a street, the residents who benefit the most are assessed; and if we are fixing a lake, the residents who benefit the most should be assessed as well. If all the signatures could be obtained for allowing Mud Lake to bounce a foot higher, it would greatly help decrease the water level concerns on Beebe Lake. There was additional discussion on other types of mechanisms that could be used to recoup some of the costs for maintaining the water level at Beebe Lake – possibly a special tax district or setting up a lake improvement district. Staff will continue to work on getting signatures to bounce Mud Lake, research other pumping options, and look into ways to assess the properties that are benefiting from the work.

Project Updates. Bot provided updates on several current and upcoming projects. The street overlay project is about halfway done. He noted Public Works is about a month behind on street work because of all the rain received this year. The County Road 19 trail project was delayed because of the state shutdown. The bids came in higher than the engineer’s estimate, but they were able to secureapproximately $50,000 more in federal funding to help cover the higher cost. St. Michael engineer techs will inspect the project – which will bring the one employee whose hours were cut at the beginning of the year back up to 40 hours a week. The Albertville Interchange project is also delayed because of the shutdown, but it is still anticipated that some of the work will begin this year. St. Michael engineer techs will also inspect that project. Bot said we have not heard back from the DNR regarding the two applications for grants that we submitted earlier this year – both were delayed because of the shutdown. Iffert Avenue is planned for reconstruction next year. Bot said he has heard from a number of residents along Iffert who are supportive of the project and understand there will be assessments as part of the project. The NE corner of the former St. Michael downtown area is scheduled for 2013 reconstruction. Bot noted the streets in the area are holding up ok, but the storm sewer in that area is undersized and dilapidated and in need of upgrading when the reconstruction project occurs.

City Attorney Report. Attorney Lenhardt provided a report of ordinances and regulations that are in violation at 9221 10th Street, the property with the motocross track on it. He explained a number of ways the council or County Attorney’s office could take action against the track. The noise and dust generated from the track appear to violate public nuisance laws. However, a more simple violation is the use of the motocross track in a residential zoning district. He recommended that if the council were to require the property to comply with current ordinance, it should be based on the land use ordinance instead of the nuisance ordinance since that is easier to enforce. After additional discussion, Council Members Kasel/Weston moved to direct the City Attorney to draft a letter to the owner of 9221 10th Street notifying him that the motocross track is in violation of the city’s land use ordinance. All voted aye. The council also decided a special meeting at the property would no longer be necessary; therefore, Council Members Weston/Kasel moved to cancel the special meeting that was previously scheduled for Tuesday, August 23rd at 6:00 p.m. All voted aye.

City Administrator Report.

2011 2nd Quarter Financial Report. The council was provided with the 2011 2nd Quarter Financial Report. Administrator Derus explained a few revenue related items and noted that it is still too early in the year to determine how the year-end numbers will look. Council Members Kasel/Marx moved to approve the 2011 2nd Quarter Financial Report as presented. All voted aye.

Approval of Claims.After brief discussion, Council Members Marx/Kaselmoved to approve checks #30973-31037 (excluding voided check #30984),credit card transactions, and August dental premiums in the amount of $283,880.39. All voted aye.

Adjourn. Council Members Marx/Schoenmoved to adjourn at9:13p.m. All voted aye.

Attest:

______

City ClerkMayor