MINUTES
REGULAR WASECA CITY COUNCIL MEETING
TUESDAY, JULY 19, 2016
CALL TO ORDER/ROLL CALL
1 The regular Waseca City Council meeting was called to order by Mayor John Clemons at 7:02 p.m.
Councilmembers present:
Mayor John Clemons Allan Rose
Ann Fitch Daren Arndt
Les Tlougan
Absent: Fred Salsbury
Mark Christiansen
Staff present:
Danny Lenz, City Manager
Mark DuChene, City Engineer
Carl Sonnenberg, Utilities Director
Shelly Kolling, Finance Director
Samantha Meyer, Intern
Mary Buenzow, Records Secretary
MOMENT OF SILENCE/PLEDGE OF ALLEGIANCE
2 A moment of silence was observed. The Pledge of Allegiance to the Flag was recited
APPROVAL OF AGENDA
3 The City Manager asked that item 4a be removed from the Agenda.
It was moved by Tlougan, seconded by Arndt, to approve the agenda as amended; the motion carried 5-0.
VISITORS, REQUESTS AND COMMUNICATIONS
4 None
Mayor Clemons asked if there was anyone in the audience, not on the agenda, who wished to address the City Council at this time. There were no comments.
ACTION AGENDA
5a Public hearing – Wellhead Protection Plan, Part 2
Mark Janovec, Geologist with Stantec, addressed the Council and presented the following information regarding the Wellhead Protection Plan, Part 2:
Minutes – Regular Waseca City Council Meeting – July 19, 2016 – page 2
In 2012, the City was officially entered into the Minnesota Department of Health’s (MDH) wellhead protection program. Wellhead protection planning is a means by which to identify the area of the underlying aquifer that is supplying water to the City’s wells over a 10-year time span and develop a means to protect that aquifer from contamination. The program is mandated for all public water suppliers in the State of Minnesota.
The City of Waseca completed the Part 1 Wellhead Protection Plan in July 2014. The Part 1 plan identified the 10-year capture zone for the City’s water supply wells and identified the level of vulnerability for the aquifer(s) in this area. The attached Figure 1 shows the extent of the 10-year capture zone and the vulnerability of the aquifer supplying the City’s wells. For the City’s Wellhead Protection Plan, the aquifer was determined to have “low” vulnerability, due to the depth of the aquifer and the amount of geologic protection that lies between the aquifer and the land surface.
Based on the results of the Part 1 plan, the City retained Stantec Consulting Services, Inc. to assist with the completion of the Part 2 Wellhead Protection Plan. The Part 2 plan includes an inventory of potential contamination sources located within the wellhead protection area that could potentially impact the quality of the water in the aquifer(s), if not managed appropriately. The plan also established management strategies in order to mitigate the risk of contaminating the aquifer(s) within the 10-year capture zone. Management strategies fall under six main categories:
1. Manage other wells within the area that could act as a conduit for contamination to reach the aquifer.
2. Manage Class V shallow disposal wells which are not outlawed by the U.S. EPA.
3. Manage other potential contamination sources to ensure proper setbacks are maintained from the City’s wells.
4. Educate the public about wellhead protection planning and local water quality issues
5. Collect data relevant to local groundwater issues.
6. Conserve water.
The public hearing was opened and closed at 7:13 p.m. with no public comments.
It was moved by Tlougan, seconded by Fitch, to approve submittal of the plan for final review and approval as presented; the motion carried 5-0.
5b Public hearing – Adoption of Ordinance No. 1046 – Amending Chapter 37 of the City Code, Boards, Commissions and Authorities
The Airport Board has had a vacancy for 6+ months following the resignation of a board member and has not received any applications or interest to be on the board from Waseca residents. The board has received interest from a couple of users of the airport who live just outside of the Waseca City limits. After review of some surrounding airport board governance structures it is not uncommon for airport boards to include a non-majority of members who reside outside of the municipal jurisdiction of the airport but reside within the unofficial service area of the airport.
Section 37.01(C) (1) (c) governs membership for City boards, commissions and agendas
Minutes – Regular Waseca City Council Meeting – July 19, 2016 – page 3
Ordinance 1046 proposes to modify subsection (c) above as follows:
(c)A person who resides within city limits.
Exceptions: The Planning Commission may have one non-resident member who resides outside of the municipal city limits, but resides within the two-mile planning area.
The Airport Advisory Board may have up to two (2) non-resident members who reside outside of the municipal city limits, but reside within the limits of Waseca County.
Mayor Clemons opened the public hearing at 7:16 p.m. There were no public comments. The public hearing was closed at 7:17 p.m.
It was moved by Rose, seconded by Arndt, to adopt Ordinance No. 1046, AN ORDINANCE OF THE CITY OF WASECA, MINNESOTA AMENDING CHAPTER 37 OF THE CITY CODE, BOARDS, COMMISSIONS AND AUTHORITIES regarding Airport Board Membership; the motion carried 5-0.
5c Resolution No. 16-32 – Amendment to Conditional Use Permit – Alex’s Transitional Homes, LLC
Renata Berg, on behalf of Alex’s Transitional Homes, LLC, owner of the property located at 615 East Elm Avenue, is requesting an amendment to an existing Conditional Use Permit to allow a change in property management from Frazier Recovery to Alex’s Transitional Homes, LLC. A Conditional Use Permit was granted in April of 2015 to allow a multi-family dwelling (Housing with Services Use Serving up to Ten (10) Plus a Live-in Manager).
The amendments to the Conditional Use Permit consist of changing the policy and procedure manual the house operates under and adding a restriction that individuals convicted of certain crimes of violence not be permitted to reside at the facility.
Nikki Tirivepi, 2404 2nd Street NE, Minneapolis, MN addressed the Council and explained the policy changes will be stricter and, as the Program Manager, she will be enforcing the policy.
It was moved by Fitch, seconded by Arndt, to adopt Resolution No. 16-32, A RESOLUTION OF THE WASECA CITY COUNCIL APPROVING CONDITIONAL USE PERMIT AMENDMENT TO ALLOW CHANGE OF PROPERTY MANAGEMENT FROM FRAZIER RECOVERY TO ALEX’S TRANSITIONAL HOMES, LLC as presented; the motion carried 5-0.
5d Ordinance No. 1047 – Authorizing sale of property located at PID #090130500
The City and Birds Eye Foods (BEF) operating under the Pinnacle Foods parent company and their predecessors have had a relationship regarding the large wastewater lagoon directly south of the City’s Wastewater Treatment Plant (WWTP) dating back to the 1920’s. The City is the underlying property owner of the lagoon land but BEF has been the sole operator of the lagoon since its construction.
Following the completion of the construction on the new BEF wastewater treatment lagoon system south of the TH 14 bypass and west of TH 13, per BEF’s conditions of their permit with the Minnesota Pollution Control Agency (MPCA) and the conditional use permit for the new lagoons with Waseca County, BEF must decommission their old lagoon. After discussions between the City and BEF representatives it has been determined that the most expedient and economical way for the old BEF lagoon to be decommissioned is for BEF to own the land and the lagoon.
Minutes – Regular Waseca City Council Meeting – July 19, 2016 – page 4
City Staff and BEF have negotiated the terms of the attached draft agreement to sell the majority of the lagoon parcel (parcels B and C on attached exhibit) for $1 to BEF in exchange for BEF assuming all responsibility for the decommissioning of the old lagoon. Once the lagoon is decommissioned BEF would sell back Parcel B to the City for $1. Parcel B is intended to provide a buffer to the City’s WWTP from future BEF activities on Parcel C as well as keep the County ditch within publicly owned property. Parcel A identified on the attached exhibit will be deeded to the County for ROW and areas D and E on the exhibit will be access and utility easements from the City to BEF for BEF to maintain existing infrastructure. Final parcel and easement descriptions and exhibits will be completed following feedback from Waseca County on any parcel split requirements.
It was moved by Tlougan, seconded by Fitch, to approve the introduction of Ordinance No. 1047, A RESOLUTION OF THE WASECA CITY COUNCIL DECLARING EXCESS PROPERTY AND AUTHORIZING THE SALE OF SUCH REAL PROPERTY TO PINNACLE FOODS and set the hearing date for its adoption to August 3, 2016; the motion carried 5-0.
There was some discussion among Councilmembers regarding the odor in town. The City Engineer stated the odor is likely not coming from the City’s Wastewater Treatment Plant.
5e Accept 2015 Audit Report
Tom Olinger, Abdo Eick & Meyers, was present to provide the 2015 Audit Report to the City Council. He presented a detailed power point presentation and stated the City is in good financial position.
It was moved by Tlougan, seconded by Arndt, to accept the 2015 Audit Report as presented; the motion carried 5-0.
5f Resolution No. 16-34 – Approval to place the Local Option Sales Tax on the November General Election Ballot
During the June work session the City Council directed staff to bring back a resolution to the July 19th, 2016 Regular City Council meeting approving the Local Option Sales Tax and directing staff to take the necessary steps to place it on the November General Election ballot. The projects to include in the resolution and on the referendum are:
· Completion of the City’s Trail System to the areas identified in the City’s 2013 Comprehensive Plan;
o Estimated Cost of $1,000,000
· Lake Water Quality Improvements including the construction of a regional stormwater holding pond, lake shoreline restoration and alum treatment;
o Estimated Cost of $1,500,000
· Construction of capital improvements to the City’s Park facilities as outlines in the City’s Parks Capital Improvement Plan.
o Estimated Cost of $1,000,000 (total Capital Improvement Plan significantly exceeds this amount)
If the Council approves the resolution the question will be placed on the next General Election ballot, which will be held on November 8, 2016. If the sales tax is approved by the voters, staff will take the issues to the State Legislature for their approval before it can be implemented. If the legislature approves staff anticipates the sales tax would become effective starting at the
Minutes – Regular Waseca City Council Meeting – July 19, 2016 – page 5
beginning of 2018. The Local Option Sales Tax would be in effect for 10-years, or until the projects the tax was approved for are completed.
It was moved by Rose, seconded by Clemons, to adopt Resolution No. 16-34, A RESOLUTION OF THE WASECA CITY COUNCIL APPROVING PROPOSED LOCAL SALES AND USE TAX AND AUTHORIZING AN ELECTION THEREON DURING THE 2016 GENERAL ELECTION as presented; the motion carried 5-0.
5g Ordinance No. 1048 – introduction & set hearing date – Amendment to the Zoning Map for the Heritage Preservation Overlay District
At their June 6, 2016 the Waseca Heritage Preservation Commission voted to request amendment to the City of Waseca Official Zoning Map to add six properties to the Heritage Preservation Overlay District.
The six properties listed below are already required to receive Site Alteration Permits through their designation as a Heritage Preservation Site. The proposed action will only identify the properties on the Official Zoning Map. The properties are:
· Bailey-Lewer House, 401 2nd Avenue NE, (Owner: Waseca County Historical Society)
· William Wolf House, 522 2nd Avenue NE, (Owner: Charles & Linda Cone)
· Ward House, 804 East Elm Avenue, (Owner: John & Edita Mansfield)
· Aughenbaugh House, 831 3rd Avenue NE (Owner: Masonic Temple)
· Southern Minnesota Grocery, 204 2nd Street SW (Owner: Gene Miller)
· Waseca County Courthouse, 307 North State Street (Owner: Waseca County)
It was moved by Tlougan, seconded by Arndt, to approve the introduction of Ordinance No. 1048, AN ORDINANCE OF THE CITY OF WASECA, MINNESOTA AMENDING HERITAGE PRESERVATION OVERLAY DISTRICT ON THE CITY’S OFFICIAL ZONING MAP and set the hearing date for its adoption to August 3, 2016; the motion carried 5-0.
5h West Interchange Utility Design Contract
At the May 18, 2016 Council work session, the City Council directed staff to proceed with negotiating a contract for the design and preparation of plans and specifications for the extension of sanitary sewer and watermain trunk utilities to the west interchange area. City Staff met with representatives of Stantec, a consulting engineering firm who has completed the preliminary west interchange utilities memo in September 2012 and discussed the proposed project scope and timeline.
Councilmember Rose expressed concerns as to the cost of this project and stated he cannot support it at this time.
It was moved by Fitch, seconded by Tlougan, to approve the West Interchange Utility Design Contract as presented; the motion carried 4-1 (nay-Rose).
5i Direction on Tobacco Ordinance changes
On April 5, 2016, the City Council imposed a temporary moratorium on new licenses or permits for tobacco-related businesses or related uses within the City to allow the City time to study the regulatory controls which may need to be adopted or revised to protect the public’s health,
Minutes – Regular Waseca City Council Meeting – July 19, 2016 – page 6
safety and welfare related to licensing and permitting of such tobacco-related businesses. The temporary moratorium is in effect until October 5, 2016.
Staff presented the Council with Zoning and Tobacco Licensing Ordinance Amendments that have been reviewed by Legal Counsel and found to be within the authority of the City to enact. The Zoning related items would need to go through the Planning Commission, and direction would be needed immediately if the desire is to enact them prior to the expiration of the moratorium. The Tobacco Licensing items can be enacted at any time, and can be moved on based on the desire of the Council.