September 4, 2012 Council Meeting

1. CALL TO ORDER – Mayor Reinhardt called the meeting to order at 7:30 p.m.
2. ROLL CALL – Stone, Williamson, Hughes, Widmer, Reinhardt
3. INTRODUCTIONS – Mayor Reinhardt introduced the council and staff to the public. Administrator Tolsma, Clerk Lewin, Attorney Beck.
5. ADOPT AGENDA – Williamson makes a motion and Stone seconded to adopt the agenda. All votes ayes, motion carries.
6. ADOPT CONSENT AGENDA – Hughes makes a motion and Widmer seconds to adopt the consent agenda. All votes ayes, motion carries.
a. City Council Meeting Minutes from August 20, 2012
b. Work Session Minutes from August 27, 2012
7. PUBLIC FORUM – No one.
a. Resolution 12-17: BCA Agreement (No action required) – Reinhardt explained this is for e-notification for the police department and the city prosecutor to file actions electronically. Tolsma said this has been discussed with everyone involved. He said if the council isn’t comfortable, it doesn’t have to be adopted tonight. Williamson said the key questions he raised seem to have been addressed in the memo. He wondered who drafted the resolution. Tolsma said it was provided by the BCA. Williamson wondered if the city attorney is comfortable with this. She said the city has certain obligations and it’s mostly record keeping because of contracting out for police services and Orono will be doing it on the city’s behalf. Beck suggests a one page agreement with the City of Orono as part of the provided services that they will undertake all these obligations. Beck said Tolsma has discussed this with Chief Farniok and he is willing to do this. Reinhardt asked if they can approve this tonight but have the contingent agreement drafted. Williamson said he thinks the advice to cover that agreement is wise and since this is not time-critical he suggests this be laid over one more time so the supplemental agreement can be reviewed. He makes a motion to lay this over to the next council meeting contingent with the supplemental agreement with Orono Police Department. Widmer seconds. All votes ayes, motion carries. Hughes wonders if it could be prepared, sent to the Chief for his review, and perhaps approved and ready for adoption at the next meeting.

b. Resolution 12-18: Preliminary Levy (Action required) – Reinhardt said a preliminary levy has to be set by September 15. She said in the past the levy has been consistently flat or reduced since 2009. Tolsma has a small presentation for the viewing public. He said expenditures are a little over $1 million. He has broke these expenses out to public safety, public works, debt service, administration and legal, planning and assessing. He said revenue is 91% property taxes. Payment in lieu of taxes and licenses, permits and fees make up the remaining. Tolsma talks about levy history. He said the major capital projects for 2013 are street lighting but, that could be financed. He also reviews other 2013 projects that could happen. Tolsma discussed water pumped and water sold and the water conservation rates adopted are not noticeable yet due to not enough time to track. Reinhardt thanks staff for coming up with a budget that has remained flat. Williamson moves adoption establishing the proposed tax levy as outlined. Hughes seconds at $950,000. All votes ayes, motion carries. It is noted the date for the adoption of the final levy will be at the City's Truth and Taxation hearing scheduled for December 3, 2012.
a. Mayor and Council – Reinhardt does not have anything this evening other than the recent agreement with Mound contracting with Orono for their police services.
b. City Administrator
i. Certified Auto Landscaping Agreement (No action required) – Reinhardt said this was reviewed at the study session. Tolsma said Beck has done the work on this and believe it protects the city’s interest and achieves the goal of beautifying the area. Tolsma said in discussion with the tenant and owner, feedback has been positive. Tolsma said if the council is comfortable, they can approve and take this to the tenant and property owner. Hughes wondered what happens if the owner of the property changes hands. Beck said it will be recorded with the property so future owners will be bound by this. Williamson said he’s concerned about item 6, page two about if Spring Park does not maintain. He is concerned about the “one month” timetable and thinks it’s too tight of a window. Hughes also wonders about the time of year it can be trimmed. Tolsma said it’s the same hedge that’s in front of City Hall and they trim it periodically. Beck said the way this works is if the hedge hasn’t been trimmed for a period of more than one month, the property owner can give notice to terminate and the city has 30 days to trim the hedge. She said the concern is the untrimmed hedge could affect visibility of the owner’s business. She said 30 days was not a magic number so it could be changed. Williamson thinks it’s too easy of an out for the money that the city is spending for the public good. He suggests the time be made longer or the remedy less severe such as an appeal versus a cancelation. Beck said the property owner is the one that has to put the city on notice. Beck suggests there might be a longer period to cure the problem, such as 60 days instead of 30 days. Stone refers to the hedge in front of city hall and said this is automatically groomed according to Norling’s scheduling so she thinks this is not going to be a problem. Williamson makes a motion to extend the time period from 30 to 45 days. Widmer seconds. Widmer said Norling watches things but sometimes things slip so she too is concerned about the 30 days. All votes ayes, motion carries.
ii. Channel Road Rain Garden Improvements (No action required) – Tolsma said this is the ongoing improvement to the rain garden and it’s been worked on for several months at the request of the Channel Road residents. He got feedback from the Watershed District and what was recommended. The administration committee recommended a letter be sent to the residents soliciting input from them. Tolsma said the feedback has been positive. He said the Norling proposal has been updated and the price is up slightly by a few hundred dollars. He said the plantings are low maintenance. Widmer asked about the language in the agreement saying it does not include underground utility relocation. She wondered if they would be running into any of that. Tolsma said he doesn’t think they’ll encounter anything. Reinhardt thinks this is boilerplate language. Reinhardt wondered about the optional items and if they are on the photo and if this is what was sent to the residents. Reinhardt said she likes the ornamental grasses but doesn’t think the fourth birch tree is necessary. Williamson said the basic project is what is in mind. The additional suggestions might be marginal. The key benefit is the cattails have been objected to by the residents and this landscaping is to camouflage this. Hughes makes a motion to approve the project and moves to add the six ornamental grasses to the project. Stone seconds. All votes ayes, motion carries.
c. City Engineer – nothing.
d. City Attorney – nothing.
Williamson asked about the Pres Homes escrow account. Beck asked the status of the as-builts. Tolsma said there were some modifications to the as-builts. Those were completed and received on Friday. The engineer reviewed them and had a couple small changes. Brimeyer agreed this wasn’t a rush at this point and everything should be complete before this is closed out.
e. Utility Superintendent
i. Snow Removal Contract (Action required before snow season) – Reinhardt said there are a few small changes regarding a fuel surcharge and some equipment changes. Tolsma said they’ve been reviewing this occasionally throughout the summer. He said Beniek wants to keep the contract with Spring Park. Tolsma said it depends upon the winter. Hughes asked about the fuel surcharge. He wonders what kind of fuel the equipment burns because oxyfuel is over $4 a gallon now. Beck wondered if there is an additional item to be signed establishing the pricing. Tolsma said there is a separate sheet showing the pricing and that is adopted with the contract. Williamson thinks under provision two where it references contract prices would be appropriate to insert per attachment or addendum. Beck agrees that would be more clear. Williamson said he’s wondering about the three year agreement and then the reference to 2012 and 2013. Tolsma said it’s a typo. Beck said pricing is in effect for two years, the third year they’d go up another $5 and the possibility of a fuel surcharge. Reinhardt said this needs to be clarified before agreeing to it. She requests this be cleared up with Goman before this is approved.
a. September 5, 2012 – Police Commission – 8:00 AM
b. September 12, 2012 – Administration Committee – 11:00 AM
c. September 12, 2012 – Planning Commission – 7:00 PM
d. September 12, 2012 – LMCD – 7:00 PM
e. September 17, 2012 – City Council – 7:30 PM
f. September 18, 2012 – LMCC – 5:00 PM
g. September 27, 2012 – Appreciation Dinner (Please verify if this date will work) – Reinhardt asks about availability. Perhaps October 11th would work, staff will check. Williamson suggests the Planning Commission be consulted on these dates.
a. Bills & Payroll – Reinhardt said there was an additional bill for BP as it always comes in late. Williamson makes a motion to pay the bills. Widmer asked about gas purchase and there being multiple dates. Reinhardt explained it’s split out to different accounts. Hughes seconds. All votes ayes, motion carries.
15. MISCELLANEOUS (Information Only)
a. Lord Fletcher’s Sound Test Results – Reinhardt said LF was in compliance with the ordinance.
b. Pres Homes Escrow Report
c. Emerald Ash Borer Seminar – Reinhardt said it’s on October 19th. Tolsma said he’s thinking about attending.
16. ADJOURNMENT – Widmer makes a motion and Stone seconds to adjourn the meeting at 8:35 p.m. All votes ayes, motion carries.