February 16, 2016, Council Minutes

FEBRUARY 16, 2016 – 7:30 PM

1. CALL TO ORDER – Mayor Williamson called the meeting to order at 7:30 p.m.
2. ROLL CALL – Williamson notes a full council is in attendance: Pavot, Hughes, Bren, Horton and Williamson and Planning Commissioner Mason. Williamson acknowledges the recent passing of Supreme Court Justice Anthony Scalia who served five presidents and 15 congresses.
3. INTRODUCTIONS – Williamson introduces the staff to the public. Administrator Tolsma, Public Works Superintendent Goman, City Engineer Kuno.
5. ADOPT AGENDA – Horton makes a motion to adopt the agenda and Hughes seconds. All votes ayes, motion carries.
a. City Council Regular Meeting Minutes from February 1, 2016
Hughes makes a motion to adopt the consent agenda and Pavot seconds. Hughes has a question on the closed session minutes. Tolsma said this section of the minutes was drafted by Attorney Beck. Hughes said he therefore doesn’t question it. All votes ayes, motion carries.
7. PUBLIC FORUM – No one.
a. Request for Letter of Support – Senior Community Services –
Williamson said this came up at the last council meeting and a request was made to lay this over to investigate whether any monies were diverted to an unintended purpose. The answer was found to be no and Gillespie Center does realize a net benefit because of this arrangement. Williamson makes a motion to approve remittance of this letter and Horton seconds. All votes ayes, motion carries.
b. Lord Fletcher’s Music Permit Applications –
Williamson said this an annual approval and sometimes there have been modifications made. He said there are specific conditions they have to abide by and they mostly consist of health, safety and noise. He said there is a specific criteria for decibel readings and consequences. Williamson referred to two holes in the application, one being its title, Musical Event application and yet some of the complaints received were loud speakers due to announcements and fishing contests wherein no music was involved. He said it is probably covered under the term “DJ amplification” but believes this should be revisited. He said the other complication is there might be three hours of live, amplified music within limits and standards set but then the live music goes away and recorded music is played. This music doesn’t exceed noise standards but it does exceed time and duration standards. Williamson said this does present an interruption to the peace and tranquility residential properties. He believes, under conditions to the permit, item number four, one suggestion is to limit what goes on after the live music has ended.

Tolsma said he went through revisions of the language and settled on “Live music played by a band or DJ within the building shall not be amplified outside by use of speakers.” Tolsma said there were comments last year regarding loud music continuing to be played once the live music had stopped. Hughes said what isn’t covered in the application are the events with amplified public announcement systems for fishing contests or other events held. He thinks there should be language addressing amplification of “any event” needs to meet specific criteria. Tolsma said the language in the city code is the peace and tranquility of the neighborhood. He said the other issue is the timing. He said for some events the PA system was used at early morning events so he thinks it’s difficult to use blanket standards for entirely different events. Hughes wonders about construction noise standards and Tolsma said he believes it follows state standards as noted in the Kimmley Horn (?) report conducted last year. He continued the State of MN has determined decibel limits according to time of day and that is what the city follows. Bren noted from the report that road noise could sometimes be louder than the live music. Tolsma said the argument is that loud road noise such as motorcycles goes away and live music doesn’t.

Tolsma said due to past experience he feels a good set of criteria has been established for live music but other, non-musical events taking place now needs new discussion. Bren wonders about the proposed language and suggests recorded music. Tolsma said if there is music inside, it’s being directed outside through speakers and it sometimes is in violation of the time limitations. Williamson said every year memory has to be refreshed and, with technology being what it is, recordings can be attached to emails. He said residents across the bay were being affected by the loud music but studies indicated the sound levels were within allowed limits. He said there are some people that don’t like any type of elevated noise but peace and tranquility has to be noted. He recommends the suggested change in item number four be made and then revisit this. Hughes suggests “Live music played by a band or DJ or prerecorded music played…” Pavot and Tolsma agree that the recorded music doesn’t seem to be the problem, it’s when there is live music inside that is being sent through speakers outside. Williamson wants to remind the council about language in item number seven stating the city council can modify or limit at any time the conditions of the permit. Horton likes the modification option and states she sympathizes with the residential impact due to noise resonating whenever it is close to a body of water. Hughes wonders about the crappie contest and Tolsma said that application has not been received yet. Williamson asks for a motion including the new language. Tolsma said there are two separate permits requiring two separate motions. Williamson said the first one is the clean-up event. Horton makes a motion for the Coors Light Clean-up scheduled for May 7th including the new suggested language. Pavot wonders about the timing of the event. Williamson said there is a floating time of three hours. Tolsma said remembering the event last year it was intended to be inside and because of nice weather it was moved outside. Therefore he suggests the new language being included. Bren seconds the motion and all votes ayes, motion carries. Williamson said the seasonal permit application is up for motion and he outlines the dates and times requested. Bren makes a motion to approve the application for summer music concerts and to include the suggested new language for item number four. Pavot seconds. Hughes asks Tolsma to check the load limits of the dock regarding square footage for weight. Williamson reminds the language is in the permit stating compliance with all codes and requirements. He said the city is covered under this. All votes ayes, motion carries.
a. Mayor and Council –
Williamson said the recent meeting of the LMCC had two items, one dealing with Qam tuners in television sets wherein local cable access channels disappeared. He said the channels are there but they have to be hunted for. Upgrades should remedy the problem but it still has not been remedied. Thirty days notice has been given or a daily fine will be levied from the letter of credit. Hughes said there is a digital adapter available but there will be a monthly add-on fee. Williamson said the other item is a channel will be converted to high definition. He said there will be some downtime of about three days in March for the conversion process. Williamson said he received an email regarding the Heart Safe program and Deputy Chief of Police of Orono, Chris Fischer, will be in contact with the council in order to get more involved.
b. City Administrator
1. LMCIT Liability Waiver –
Williamson said this is an annual standard form limiting the maximum liability a city can be sued for. City’s can insure for more if they want to. He said the suggestion is to continue as in the past and not waive monetary limits to tort liability. Pavot makes that motion and Horton seconds. All votes ayes, motion carries.
2. Raised Garden Beds Authorization –
Williamson said there have been discussion at work sessions and some work has been done and not finalized. He said the concept is outlined and is a minimal physical construction capability. Tolsma passed around a plan drawing of planter boxes. Williamson said the council has a rough idea and it will be involved in Wilkes Park, the northwest quadrant. He said final disposition has not been resolved and there will be future discussion. He said this allows staff to proceed with the containment features. He said management procedures can be discussed at a later time. Horton likes what is being proposed and is impressed with the cedar construction. Pavot agrees as cedar lends itself to organic growth being planted. Horton makes a motion to approve the proposal for construction of raised beds and compost bin for $10,448.95 and Pavot seconds. Hughes said at a work session the twelve gardens proposed is really a starting point and this could be doubled in the future. Tolsma agreed that demand will determine. All votes ayes, motion carries.
c. City Engineer
1. Slip Lining Discussion & Recommendation –
d. New quotes were received.
Williamson said City Engineer Mike Kuno is taking retiring Paul Pearson’s place. Kuno said the slip lining project has been reviewed and criteria to focus on is pipe condition and reviewing the televised tapes and reports. He said a high priority was placed on annual televised pipes. Kuno said segments of pipe were looked at below the 930 foot elevation and the as-built plans for the sanitary sewer plan and it was noted segments constructed in wet soil conditions. He said pipe installed below the 930 foot level or wet soil conditions are more susceptible to I&I. Kuno said based upon that review two more segments were identified as high priority with one being on Mapleton from Lilac to Hazeldell and the other being Togo Rd east of Park Lane. He said because of this the $100,000 limit was exceeded. Kuno said both contractors were willing to honor their original quotes and he feels they are good quotes. He recommends the city move forward with the original project of 3000 feet, work with the low-bid contractor and allow city staff to develop a change order adding the other two suggested segments.

Williamson is interested in the low bid Insituform of $89,000 whereas the Visu-Sewer is $84,000 for that 2400 feet and $19,000 for the extra. He wonders if apples and oranges are being compared. Goman said the quote for Visu-Sewer is for the same footage that Insituform is quoting. He said the 437 feet is not the additional footage that was the original footage from the segment from 2015. He said the quotes in front of the council are for the full 3000 feet, not the 3400 feet. Williamson said the comparison then is $84,000 to $89,000. Goman said no, $89,000 to $103,193. Kuno agrees; he said the two proposals are the two original for the original proposed 3000 feet for Visu-Sewer broke it out by diameter.

Hughes said as he looks at the numbers they are relatively close but when looking at the 8” the footage is different. Goman said the numbers are skewed when looking at the as-builts as compared to the recordings. He said they’re going off the as-builts. Hughes asked which is correct, 649 and Goman confirms.

Williamson asks for suggested action to be taken. Kuno recommends awarding the project to Insituform and the proposed project of 3000 feet for $89,000. Tolsma said he’s been in consultation and agrees there has been a good job done of vetting the vendors and coming to the proper numbers and the bid price for linear foot and Insituform is the better price. Kuno said of the 3000 feet about 700 feet is in the area of recommended annual televising and that is 700 feet that won’t have to be televised annually and instead put in the normal four-year rotation. He also said roughly 1700 feet of the 3000 feet is in the I&I condition area so about 60% of the project will show reduction of I&I. Pavot asks if that will reduce lift station costs and Goman said yes. Electrical and maintenance costs will be reduced as a result. Hughes makes a motion to move forward with the proposal from Insituform for the price of $89,765. Pavot seconds. All votes ayes, motion carries. Hughes wondered if Horton wanted to bring up the fountain. Horton said there is a water fountain at the tennis courts and she noticed it wasn’t working. Goman said it was damaged and replacement parts are no longer available. He said because of the other upgrades to the park, this repair will be coming before the council this spring.
e. City Planner
f. City Attorney
g. Public Works Superintendent - Nothing further.
a. February 22 – City Council Work Session – 7:00 PM
b. February 24 – LMCD – 7:6:00 PM – Hughes said the first meeting is at 7 and the second meeting is at 6 p.m. so this meeting is at 6 p.m.
c. March 7 – Regular City Council Meeting – 7:30 PM
a. Bills & Payroll –
Tolsma said he wanted to clarify the invoice from Orono where the detail lists 55 hours at $50/hour and that is for the entire year and it is $50 a day, not per hour. Bren said she questioned Pro-Lawns Association for lawn road-right-of-way and she was informed this was for work done at the parks. Goman said it’s the weed and feed of the city parks and road right-of-way for weed control. Hughes asked if this was a pre-payment and Goman confirmed. Bren asked about Norlings invoice for Bobcat service to move city picnic tables. She said she noticed that picnic tables were moved to the water tower and she said they’ll have to be moved again when the construction starts. She wonders why those weren’t put in the underground storage to begin with. Goman said they didn’t charge originally to move them to Norling’s garage in order to repair and restain. This charge was to move them back to city hall. He said they won’t need to be moved for the upcoming construction. Bren wonders what they’ll be used for. Goman said one to go to Wilkes Park and future consideration to the corner of West Arm Rd and the trail area. Hughes thinks one by the proposed garden area. Bren asked about expense for winter boots. Goman said as part of the safety apparel required and part of his employee agreement uniforms are supplied by the city. She wonders if this part of his salary packet and Goman said it’s part of his agreement. Bren wonders why garbage service is paid for the parks during the winter and Goman said it’s spread over the year. She asks about gas line antifreeze for maintenance for the truck. Goman said it’s a fuel stabilizer for the city truck. Bren thinks it would be nice to tour the lower level of city hall and the rented area of Norling’s. Hughes makes a motion and Horton seconds to pay the bills. All votes ayes, motion carries.

Bren also asked about the trouble-shooting of the generator and wonders if anything was found. Goman said it was found the voltage display and oil pressure screen was defective. Bren wondered if this was solved and Goman said not quite. He said it was an anomaly because they don’t fail and why this one did, they’re not sure. Horton wondered if he is satisfied and Goman said yes. Everything is working fine since then but it is being monitored. Williamson said this conversation raises the question on a signaling system. He said suggestions have been made and what is the status of Lift Six and the check valves. Goman said it’s scheduled for this coming Thursday and it will take an entire day. He said Lift Three, the programming alarm monitoring, the temporary fix is the alarm condition is doubled up to monitor a communication failure and a power fail alarm. They aren’t sure what the fail will be so they’ve doubled up. He said that is part of the proposal for battery back-up. Williamson said when systems shut off and it switches to generator there should be a signal when it restores as well. He said when the restoral signal does not come it indicates further investigation is needed. Goman said as part of the battery back-up an alarm would be installed for the transfer switch. Williamson said this alarm should also go out to more than just Goman. Goman said the system is set up with redundancy with the City of Orono with a roll-down effect. He said there are eight employees that it rolls to if Goman doesn’t acknowledge. Pavot said the notification requesting is part of the battery-back up plan and is not what she was intending to communicate. What she is saying is separate. She’s saying implement what the email said, now. Goman said the software can be programmed. Pavot wants this accomplished and the battery back-up.

Hughes said this is a meeting where Goman has attended in a while and there have been a lot of questions answered and he would like to see Goman at more meetings. Williamson said maybe from time-to-time he can attend. Horton asked about the tennis nets being left up all winter and wonders if they could be taken down and stored. Goman said the summer weather conditions is more damaging than the snow. He said they do degrade a little faster but if there is nice weather there are those who want to use the courts.
15. MISCELLANEOUS (Information Only) -
a. January Fire Department Report -
16. ADJOURNMENT – Horton makes a motion and Bren seconds to adjourn at 9:02 p.m.. All votes ayes, motion carries.

Wendy Lewin, City Clerk

Dan Tolsma, City Administrator