City Council Minutes October 19, 2015 The Fergus Falls City Council held a regular meeting on Monday October 19, 2015 at 5:30 pm in the City Council Chambers. Pastor Doug Dent of the Federated Church gave the invocation and the Pledge of Allegiance was recited. Mayor Leland called the meeting to order at 5:33 pm. Council members in attendance were Hicks, Appert, Schierer, Rachels, Fish, Arneson, and Hurley. Spidahl was absent. Fergus Falls Fire Department Badge Ceremony Wes Drake, Joseph Fields, Derek Hubert, James Komestakes, Dan Lipson, and Ryan Schroeder received their firefighting badges and were sworn into office by Mayor Leland. Best Robotics Day Proclamation Mayor Leland read a proclamation declaring December 1, 2015 as BEST Robotics Day. 2016 Fergus Falls Visitor s Guide Jean Bowman reported the Convention and Visitors Bureau is working collaboratively with Otter Tail County on a regional tourism campaign. A county-wide visitor guide will be produced that will include a special section for Fergus Falls. Minnesota Avenue Project A public hearing for PI 5296, improvements to Minnesota Avenue was conducted on July 6, 2015. No action was taken at that meeting and residents of the neighborhood were encouraged to provide their thoughts on the project. The project was proposed as a 36 paved street with curb and gutter. No parking restrictions would be imposed and the special assessment would be $10,305 per unit. The City Engineer shared alternate options including a 32 wide street with curb and gutter at $9,850 per unit or a 28 wide street with curb and gutter at $9,400 per unit. If the 32 or 28 street width option is chosen, the city would not have to place on street parking restrictions unless maintenance problems or complaints arise in the neighborhood. The city s concerns with street width involved maintaining a clear width for equipment and maintenance. If the project were to move forward at the 36 width, the project cost would be $201,012.66. Special assessments would be over 15 years and would not exceed a 7% interest rate. Public comments were invited. Skip Zielen, 1425 Minnesota Avenue stated the majority of property owners on this street have expressed interest in the city implementing the project at 36 width with curb and gutter. They are supportive of the plan, and he asked the council to vote on the project tonight. He later said the council has the right to deviate from their set of standards, but he encouraged consistent enforcement and protection of the citizens. Dan Mollerud, 1416 Minnesota Avenue said he would like to see a paved road for the neighborhood and expressed his support for the 36 width street. Jon Anderson, 1427 Minnesota Avenue, said there is now 55% of the linear footage of property owners against the project, including him. 1 P a g e
Rick Anderson, 1335 Minnesota Avenue was in favor of a paved road, but felt a 36 wide street is overbuilding a dead end street. He was concerned with his property values and special assessments and he submitted written objections to the City Engineer. Scott Davis, 1435 Minnesota Avenue likes the gravel street and expressed financial objections to his proposed assessment. He questioned the total project cost and the portion the city would be paying. Kari Tollerson, 1516 Minnesota Avenue spoke in support of the project reiterating safety, traffic, and parking concerns and asked the council to move the project forward at the 36 width. Loni Jacobson, 1311 Minnesota Avenue said she and her husband were fully supportive of the project at the 36 width and expressed her concerns with traffic and safety. Jason Lee, 1334 Minnesota Avenue fully supports the 36 width project due to concerns with dust, water, snow, ice, traffic and safety and he expressed his concerns with inflation costs if the project does not move forward. Edwards explained how the city determines the project costs, special assessments and he spoke about the city s liability concerns with water and maintenance issues. Mayor Leland expressed his opinion this street should meet the standards of the other streets in the community. He would like to see Minnesota Avenue paved to 36 width with curb and gutter while parking availability and the cul-de-sac are maintained. Rachels offered Resolution #227-2015 ordering in the improvement of PI 5296, the bituminous pavement with curb and gutter of Minnesota Avenue at the 36 width, which was seconded by Fish and was defeated as five affirmative votes are required. Hicks, Schierer, Rachels and Fish voted in favor of the resolution while Appert, Arneson and Hurley voted in opposition. Hurley offered Resolution #228-2015 ordering in the improvement of PI 5296, the bituminous pavement with curb and gutter of Minnesota Avenue at the 28 width, which was seconded by Arneson and was defeated as five affirmative votes are required. Appert, Arneson and Hurley voted in favor while Hicks, Schierer, Rachels and Fish voted in opposition. Schierer offered Resolution #229-2015 ordering in the improvement of PI 5296, the bituminous pavement with curb and gutter of Minnesota Avenue at the 32 width, which was seconded by Hicks and was adopted with Appert voting in opposition. City Administrator Recruitment Update Rachels offered Resolution #230-2015 authorizing the city to enter into a contract for City Administration recruitment services with David Drowd Associates in the amount of $16,000, which was seconded by Fish and was adopted. Women s Small Business Month Proclamation Mayor Leland read a proclamation declaring the month of October as Women s Small Business Month. Consent Agenda The following items were approved under Resolution #231-2015 by Arneson: Resolution #232-2015 approving budget adjustments; Resolution #233-2015 initiating PI 9760, riverside development 2 P a g e
for LCCMR grant application area; Resolution #234-2015 initiating PI 9761, riverside development for former mill and dairy building site areas; a motion approving the open and closed minutes from the October 5, 2015 meeting and a motion approving the following licenses: Paving Contractor: Henry Price Construction (2015); Tobacco: Pebble Lake Take 5, Casey s General Store # 2161, Casey s General Store #1820, Fleet Farm, Fergus Falls Tobacco Superstore, Erickson s Diversified Corp (dba Sunmart), Erickson s Diversified Corp (dba Sunmart Express), Lakeway Express (2015 and 2016); 3.2% Malt Liquor Off Sale: Erickson s Diversified Corp (dba Sunmart), Lakeway Express (2015 and 2016); Mechanical Class A : John s Heating & A/C Inc, Country Heating & Air; Mechanical Class B : John s Heating & A/C for John Wedll, Kevin Knick, Thomas Wedll; Sign Permit: DeMars Signs. The resolution was seconded by Hicks and was adopted. Ordinance 35, Seventh Series Ordinance 35, Seventh Series, Pedestrian and Bicycle Advisory Committee was adopted by a roll call vote. Ordinance 36, Seventh Series Ordinance 36, Seventh Series, Otter Com Cable Services Franchise Agreement was adopted by a roll call vote. Ordinance 36 Summary Hurley offered Resolution #235-2015 authorizing the publication of a summary of Ordinance 36, Seventh Series, Otter Com Cable Services Franchise Agreement, which was seconded by Hicks and was adopted. Resolution of Accounts Rachels offered a resolution authorizing the payments and claims thereof in the amount of $1,411,583.96 which was seconded by Hurley and was adopted. Amos Addition Plat Schierer offered Resolution #236-2015 approving the Planning Commission recommendation to approve a preliminary and final plat for the Amos Addition located on Sumac Circle as requested by Larry Krohn, which was seconded by Appert and was adopted. NE Residential Park Rezoning Fish offered Resolution #237-2015 approving the Planning Commission recommendation to approve the rezoning of the NE Residential Park located on County Highway 111 from R-A to R-1 and R-4 as requested by the Fergus Falls Port Authority, which was seconded by Hicks and was adopted. NE Residential Plat Arneson offered Resolution #238-2015 approving the Planning Commission recommendation to approve a subdivision plat request for the NE Residential Park located on a parcel of land on County Highway 111 as requested by the Fergus Falls Port Authority, which was seconded by Appert and was adopted. 3 P a g e
CarMart Conditional Use Permit The Planning Commission recommended the following five conditions to the Conditional Use Permit for CarMart: Site lighting is not to be directed to any adjacent property Cars are not stored on a trailer longer than 72 hours unless there are uncontrollable site conditions No oils or fuel can be flowing from the business into the street or into neighbor s yards A phone number must be provided to the Fergus Falls Police Department in case of noise or other problems in the sales lot A dust free parking lot must be obtained within two years Lucky Jayasuriya approached the council and confirmed these conditions to the CarMart Conditional Use Permit are mutually acceptable to him. Schierer offered Resolution #239-2015 approving the Planning Commission recommendation on the CarMart Conditional Use Permit, which was seconded by Hurley and was adopted. Community Arena Improvements Bill Sonmor spoke about the proposed improvements at the community arena by using the local option sales tax dollars being generated for the facility before the sales tax expires in December of 2016. It has been proposed additional bleachers are added, the parking lot is redone, a larger chiller is installed and a capital maintenance fund is established for future facility needs. The council was in consensus to move forward with these improvements and staff was directed to further research the city s ability to use sales tax dollars for these projects and report back on cost estimates and future plans to the council. 2016 Budget and Tax Levy Sonmor presented an update on the 2016 budget and levy. In September the council approved a 10.8% increase on the levy and authorized additional council input into the budget process. The Tax Levy Committee is now proposing the levy be reduced by $230,696 bringing the 2016 proposed levy to $5,240,050, an increase from 2015 in the amount of $305,545 or 6.19%. The levy is estimated to increase the city tax rate of 3.45%. The council was in favor of the recommended changes of the Tax Levy Committee. Billboard Discussion Mortenson Outdoor Sign requested the council consider allowing a billboard on the city property in front of the liquor store on West Lincoln Avenue. The council discussed their stance on allowing not only billboards, but other private uses on city property. The city does have an agreement with Mortenson Outdoor Signs at the landfill and there is a cell tower being leased on city property near the shop. Questions on the cell towers on top of the old mill were addressed as well. The council was in consensus that private gain should not be made on public property. A motion and second were made by Hicks and Rachels to discontinue discussion on allowing private billboards on public property and the motion carried. 4 P a g e
Work Session for Potential Sale of Excess/Unused City Property The council will be holding a work session on Monday November 2 at 4:30 pm to discuss excess/unused city properties. Donation for Rain Garden Rachels offered Resolution #240-2015 accepting donations for a rain garden, which was seconded by Fish and was adopted. RTC Film and Tour Requests A film company has requested access to the Regional Treatment Center to film a documentary. The city is unable to accommodate the numerous building access requests and the council has previously agreed to refer such requests to the Springboard for the Arts. They participate in tours and project advancement if it advances their mission. Mayor Leland asked the council to consider a process to allow films that would keep the dignity of the facility s history to be given permission for such requests. It was suggested a detailed outline of what the project would entail and services required be submitted to the mayor. Staff time to accommodate a request and the amount of access to the facility will be evaluated. Other Business Wayne Hurley and Justin Arneson challenged the other council members to participate in No Shave November for men s health awareness. The meeting adjourned at 7:24 pm Lynne Olson 5 P a g e