##VIDEO ID:vzdR9p2oDk4## good all right call to order safety and public works this is uh October 21st 2024 7.m council chambers we have five items tonight first item is a discussion on sanitary sewer rates and this is uh Public Works director Jesse Dean go ahead thank you Mr chair the council requested at the last meeting to have a discussion on the sanitary sewer rates ATT test is a presentation from ufs regarding the race study that was completed in 2023 um based on the rate study a resolution was adopted to increase the rates per the recommendation for 2024 and 2025 and revisit the rates in 2025 for future years as reported at the last meeting we have encountered multiple unforeseen SE collapses and adding the replacement of the Rosewood Quint alley sewer M the amount of unplanned repairs total is over 75,000 uh in addition staff will need to perform some additional emergency repairs to stabilize a large sewer M adjacent to Evergreen Cemetery that is exp experienced significant wash out unsure unsure on the cost on on that at this time uh in the study the capital plan indicated a sewer project for 302,000 in 2024 it was intended that this was to continue the sewer Force main rehab work that was started by Rotary Park to the main lift station unfortunately when staff received the report from SE the estimate for the project was 1.1 million uh staff held off until future Direction could be h received by Council however of the roughly $100,000 in unexpected costs to sewer repair in 2024 um there were dollars factored into the rate study based on the $332,000 uh for that project that was not completed this year um however staff would like some discussion and direction from the Council on how to proceed with the rates in the sewer lining project uh staff has laid out a few options for the council to consider on this agenda item Mr chair yeah Mr chesak yeah uh Jesse if we were to say let's change the rates anyway um what what time period is that actually take effect when when do they start changing on somebody's utility uh collection fee bill it would be the effective read of the resolution uh we would need a little bit of time to notify BPU to make those adjustments with the bill uh but it would be the effective rate of the res or effective date of the resolution uh so I could say we probably turn that around in about 30 days typically we've done it as of the beginning of a new year thank you that's all I got for now thank you so we're we're talking about either adjusting the rates um well adjusting the rates is something that obviously we need to consider um and then this this main Force main rehab project we need to figure out when when we can do that obviously we don't want it to fail it's not imminent right now this year hopefully it's good for a couple few years but what we need to figure out is how to have the money available when we do that looks like we're good this year that might be more pertinent to your question looks like we're good this year for the repairs that have been identified that we need to have done this year um but that fund is getting lower than what's comfortable for what's ahead so um I don't I don't know if tonight's the night we would decide okay let's go ahead and put this in the plan the capital plan three years out but I think it's definitely something we need to decide sooner than later and then figure out how to get those funds in there so whether we push ahead those rate changes push it ahead by a year two years um something like that is what I see I'd rather not do a study because the studies are expensive too we just did a study we know somewhat about what the increased amounts are going to be that we need so we can just add that into whatever we had in the last study but I think just doing a little math and coming back you know in two weeks four weeks whatever we want to do I think we can get the answers and set that up for Success does that make sense one more question yeah go ahead Mr chz um Jesse I think we we did touch on this but I don't I don't know if Connie's here but you you and I talked about bonding for this and then as far as you understand and maybe that we don't know for sure but the the rates this sanitary sewer collection fees can pay off that Bond we wouldn't be necessarily having to Levy taxpayers for that or we could do either right we could do either you could set it up with the sanitary sewer Bond um to be paid back by those uh rates okay I don't I didn't I kind of asked them for everybody's information so okay yeah definitely makes sense we got to put all our options on the table before we decide number one when that big project is going to get done so I I guess I would feel comfortable and I'm sorry yes um I would feel comfortable asking staff to I me we're going to have to do it and I think staff can come back which year in that 10year plan we want it um but I would feel comfortable telling them that we need to put it in the 10year plan tonight if you question yeah go ahead Mr so did I understand you correctly that you would have been probably moving forward that this to get it done either this year or next year had the price not been so exorbitant we had it in the budget for 2024 um but based on what the cost was on the estimate versus what we had budgeted we knew we wouldn't be able to uh afford it in this uh budget cycle without further Direction especially from the right side so there is a need it isn't like you want you probably don't want to sit on this too long is why you wanted to get it done sooner than later is a fair assessment maybe yes sir okay so so yeah I I I don't like kicking these things on the road so I'd be kind of leaning towards what Tiffany said about getting staff to come back with uh is there more details we need I guess is that my qu that's my question what what more do we need to act on this if we want to move forward with the liner the sanitary sewer liner project I don't think I have anything further than that report at this time if staff could come back with a recommendation with some options on how to change our rates um funding sources funding sources uh and what what year we would like to do that big project that I think that would be good for either our next meeting or or the one after wherever it fits better I would like to see it the rate increase maybe on Janu January one does that make sense Jeff's looking at me like I don't I don't know what you mean see the rate increase I I I'm assuming we're going to do a rate increase because that's the math and I rather I know we can get it done sooner but I think January 1st would be my preferential date even if we could get it done by December 1 just because New Year seems like a better time you talking about the options staffan need oh no I think you're talking about the rate increase I'm talking about an actual rate increase make make sure we have our decision before then so that the rate increase can happen January 1 yeah rather than timeline okay okay well if we decide to do a rate increase correct fair enough but right I'm the math is you guys need a motion on that I don't think so I think general direction from the council is what's needed yeah there's a few things there so if you guys want to put it in a motion that's fine but otherwise we can move on with staff Direction on that I would just move that we come back with the uh information that we're asking for if somebody wants to go through and sort that out um and have that back I guess at probably at the next uh two meetings from now whatever that would be first of uh first meeting in December end November okay second meeting November motion we have a second second motion and a second any more discussion none go to a vote all in favor I motion passes next item we have a resolution for improvement 2313 no parking on South forth and Willow roundabout area uh again Public Works director Jesse Dean thank you Mr chair so staff is recommending adoption of the attached resolution restricting parking on South forth and Willow streets immediately adjacent to the South 6 Street intersection uh as part of the upcoming roundabout project mot is requiring the city to have a resolution that restricts the area within 260 ft of the intersection as no on street parking uh the current condition does not allow for on street parking due to the turn Lanes but mot still requires a resolution be passed regardless so staff is recommending adoption of the attached resolution thank you so really a formality on this one nothing's really changing I would move to approve the staff's recommendation second motion and a second any more discussion none go to a vote all in favor I motion passes next we have authorization of an application for the national Scenic byway grant program again Public Works director Jesse Dean thank you Mr chair so the national Scenic byway program is for projects on the national Scenic byway system which the Highway 210 Lum Park pedestrian bridge is located on the Minnesota Great River Road byway uh srf has provided a proposal for just under 10,000 to prepare an application for this Grant on the city's behalf for the pedestrian bridge project in addition mot offers a program that provides up to $30,000 towards assistance uh with hiring consultant firms to apply for federal iig Grant programs so staff is recommending authorization to srf to authorization for srf to apply for the nsbp grant uh for the pedestrian bridge project for $1 million conditional that the city be awarded the menot technical assistance funding to cover the cost of the application by srf thank you I think it's I think it's a good idea we're looking for all sources of funding to get this pedestrian bridge done without having to go into um our Levy or any taxpayer dollars directly from the citizens of Brainard I move to approve second motion and second any more discussion done go to a vote all in favor motion passes item number four we have uh item regarding ing the direction for Paradigm auto code violations this one is uh community development director James cranck so James I'll have you introduce this I think we have individuals here that might want to speak on that um so we'll have them speak on that afterwards and then if there's any questions we can go from there thank you Mr chair uh so city council decided to table this item until tonight to give Paradigm Autos owners alment a chance to speak about the U-Haul business uh as outlined in a previous letter in 2016 from former city planner o Garden uh Mr Schmidt was aware that the code allowed for seven spaces for U-Haul parking and then it must be paved uh staff did receive a complaint this spring about multiple U-Hauls parking on the grass and uh look back at the property in our um laser fish which um has recorded letters in there and found the previous correspondents uh staff did meet with Mr Schmidt and provided options in which he indicated that it would be too expensive to meet the requirements uh so Mr Schmidt as you had stated is here to speak tonight and staff is seeking Direction how to proceed with the cases thank you uh we have an individual here just uh name and address when you get up to the microphone make sure the green light is on on the microphone first uh I'm Al Schmidt I live in baxer 11 uh 11573 River Vista driveing Baxter uh I'm the owner of Paradigm automotive and the U-Haul there and I guess what I'm trying to do is get clarification on this whole situation um as we know the parking lot to my building and that lot next door that I have have never been paved even when the city was using that building it was never paved in there so I was trying to figure out because the the city ordinance says asphalt concrete or pavers okay that's that's what it says the usage are but it doesn't say if it's crushed asphalt crushed concrete pavers you know they all everything kind of floats down through pavers so if you're looking for something that's hard surfaced and has runoff you know then you're going to have concrete or asphalt but if you're looking for something that's going to fit the needs and kind of I guess in my interpretation of the rules or the ordinance would fit the ordinance crushed concrete or crushed asphalt and put that in and take and you know steamroll it over and make it nice hard packed on there um the three options that I was given actually I've got four options I guess and the first one was do nothing and have seven units on my lot which is very hard to control because I've got no say over what's coming in from U-Haul and when we're gone on a weekend they just bring them in and a lot of times what been happening and I've been working with U-Haul on this for the last month they just come in and they're not even supposed to come to us okay they're supposed to go to a different U-Haul dealer but because we're so Central they just come in and they drop it off and they Park wherever they want type deal so on Monday morning when we come in I've got two people just go out there start moving vehicles and checking them back in trying to get them all back somewhat you know in a line if you want to call it that um so I really have no control over what comes into me or what goes out as a matter of fact because it's a it's a very fluid situation on that now going back to the options that I have uh the second option which was you know 15% of and it's actually 8,000 ft building but you know 15% is going to be about 1,800 Square ft um put that in but that really doesn't do anything for us other than okay well now we can take those same seven units that we've got and park them on the T instead of in my parking lot okay that's all that really does for me the other one is to rezone to an me okay but then it says in the ordinance that if I rezone to me not only do I have to have it hard surfaced I have to put up a privacy fence around it okay you have to have a Wastewater pond all that and I'm trying to figure out a balance here between best usage and fiscal responsibility okay and right now to do that on an me um I've even talked with the mayor about this if you got to put up a fence around it especially where we're at it's going to look like a junkyard okay it's going to look like somebody's got a junkyard in there and is just putting all that the second thing is the fence isn't going to do anything because the U-Hauls are taller than fence so no matter what you're still going to see the U-Hauls there okay so having a fence around it really just doesn't make sense in my opinion the other thing is the Wastewater uh storm Pond what we were told it's probably seven seven years ago by now uh we had somebody come over there because we were going to take and we were looking at putting down asphalt at the time things have changed you know economically but uh they had said that because of the lot where it's at and this is what I was told okay I don't have anything to back it up but it does make sense from where the lot is to put a Wastewater retention Pond that close to the river would be environmentally stupid okay especially when the railroad has their Wastewater Pond right on the other side of Southwest forth hold on okay yes is it storms storm water or waste water I think I'm sorry it's storm water storm water it's okay yeah um but everything goes down by the tracks and runs over to that pond then they put that over there so it wouldn't go into the river okay so to have another storm water retention Pond that close to the river doesn't make sense to me in that aspect the other thing that I I really want clarification on is why does it if it says concrete or asphalt why does it have to be poured concrete or um asphalt put down with a you know a hot asphalt mix why couldn't we use a crushed granite crushed uh crushed asphalt if you can find it right now it's very hard to find crushed asalt but crushed concrete is readily available and we could take and put in there Crushed Concrete in there and have it rolled out and make it very nice and very usable in there and if we had to for dust control which the rest of the lot is basically sand but for dust control we could actually go in there a couple times a year and just put down calcium chloride like they do on the dirt roads and all that to control dust and that would that would take care of the dust control on it um but if it's if it's where we have to put hot asphalt in then we're going to have to go through resoning conditional use permit all that stuff in order to park anything over there and I'm still only I'd be allowed 8,000 square ft to match the size of the building that I've got that would that would work for us and we could put down that 8,000 ft of crushed concrete without being fiscally irresponsible on it and we could re as best as we can I can't say that it would be all the time but the best we could try is to keep all the vehicles on that crushed crushed concrete now like I said we we can do that on Monday morning and put them all back but whether the customers from U-Haul park it back where they're supposed to be parked or not your guess is as good as mine you know we just find that out on Monday when we come in and we adjust from there so I'm kind of asking for your help as to determine what actually needs to be done what can we do because the way that the ordinances is there it doesn't have a balance between best usage and fiscal responsibility it's got basically it's basically telling me that I have to go and put myself further in debt in order to Asphalt this parking lot and then the way that the rules read is I've got to put up a fence around it okay and I have to do the storm water so I mean that in itself is you know it's basically undoable you know in this situation and I think honestly it would make it look worse over there make it look like more of a junkyard over there by doing that instead of just having the U-Hauls there where they're readily seen by the the customers and such like that looks like you got a question Mike well we have we have limited time so if you have anything specific that you want to ask us of or ask of us um and then I wanted make sure these guys get their questions asked of you if they have any too okay the question question number one I've got can we use crushed concrete and do it with that and I know I've talked with James before and he said that he's talked to to other people and they said no we can't do that I'm unclear as to why because if you can use pavers and it goes down through the pavers why can't we use crushed concrete which is basically crushed pavers okay you know and then do our responsibility of putting some calcium chloride down if there if everybody's messing about the dust control so that's one okay the second one is if I'm forced to go and do the resoning and such like that are you guys are are is a city going to work with me on it as far as the fencing and the storm water retention and such like that because those two things right there just don't make sense in this application they don't I think it would be a worse case to put the fence up around it than anything okay thank you so those those questions we refer to these guys you know the staff knows our code it's all gone through Planning Commission um if you want variances typically in a situation like this when you show up here we would be discussing a variance or or or some type of conditional use permit we want we want people to operate their businesses in the city but they have to follow code everybody has to follow what our code is so whatever that is those are questions for these guys I guess what I've been they can come to us to see if we want to to verify that or or change anything that but it has to be specific we're not going to figure that out tonight we have about 7 minutes before we have to start the council meeting got it so in my in my eyes this has been going on since 2016 and really nothing has changed so we we need to figure out the best way for you to either get in to within the lines of what our code is or you have to move it to somewhere where you can operate that business better and I I I offered it up at the last meeting I don't know if it's worth discussing we don't really have time to discuss it at this point but we can discuss it at some other time that we could do a land swap with some other city land where it would be easier for you to do that where you would trade that property with the city and maybe we can make it easier for you and more affordable in the in the long run so I don't think we have a whole lot of time to discuss that right now but Mr chz go ahead um perhaps if we gave staff Direction it would get um I I I would like to investigate your idea of land swap I don't even know if we can do that so I would make a motion to that effect and also just to come back with clarification if we can or cannot allow this property owner this business owner to have a crushed concrete and foro Away fence and use the calcium chloride to keep dust down if we do allow cross crush concrete I'll make that a motion first St to come back second have a motion and second any more discussion I I just have one quick question here do I need to go through you James for variance yeah variances or requesting a code change um yep you know to to change how you maybe we have a specific thing to U-Haul rentals or like vehicle rental something like that code changes rezoning variances that' be through our office okay um I'll get with you later okay any more discussion you guys I I think that while we want to support a wide variety of businesses in our community some places are not conducive to certain types of businesses and so a maybe some sort of moving this to someplace else might be better Mr chair yeah Mr and to to Tiffany's Point uh it it ures by listening here I don't if this was something to just say okay we have a a property they want to have a business like this I know this has gone through some zoning already but I don't think this would pass muster if it came out of the gate looking like this so we have we have and what let's speak for you but we got to be cognizant of all property owners and how they follow code we can't just start making exceptions so that's kind of what we're stuck with here so so I don't mind explor the option you gave thank you any more discussion hearing none go to a vote all in favor I motion passes thank you for your time thank you uh last item we have for safety Public Works we have uh brainer Community Action requesting uh semi-permanent statues in the right of way uh and this one is again Public Works director Jesse Dean thank you Mr chair so staff has received a request from Briner Community Action to install 5 to six semi-permanent cookie themed statues in downtown beginning before the lighting ceremony in late November until after the New Year uh Community Action would like to partner with sponsors to fund the project and local artists to decorate the installations uh attached for some mockups and example images of what the installations may look like um Dave B the chair or the executive director of Community Action uh is also here if you have any questions in regards to uh the proposal but staff is recommending approval of the request to install the semi-permanent statues in the RightWay in the downtown area uh during the time requested Mr B would you like to talk about the cookies absolutely uh Dave BAU executive director Brandon Community Action 321 South 7th Street uh yeah just a a small idea for getting some fun decorations for downtown for this Christmas season we've been working with some artists on uh figuring out how it would potentially work and we think we can make it work pretty easily um obviously with the semi-permanent nature of the the sculptures uh longevity would kind of be the issue uh that we'd be looking at but we'd keep an eye on them and make sure that if anything does happen to them we're either trying to get them repaired or have them uh removed uh so that they're not unsightly but goal being to have them up for the tree lighting carry them through the new year and then remove them and then hopefully it would be something that we could expand from year to year but uh we want to start off with five or six of them Mr chair yeah Mr chair installing them and removing them so we would we would operate in terms of placing them we would want to work with the city and figuring out where the city would like them uh they will be concrete base and then the structures themselves are created from foam and then um it's a it's a coating it's not quite fiberglass but a coating that goes on top of it there so they should be very durable and then pretty heavy so we shouldn't be too concerned about people running off with them you know if they do if somebody wants a cookie that bad guess they can have one thank you I'm not going to lie at first I thought these were permanent and then I had to reread it again so I thought it was a joke at first but I like this idea I think it's good for uh the Christmas season um we can always add more of that stuff downtown makes it fun especially may be proposing a joke yeah never in my life never do statues downtown I mean it's Unique but no I like this I like this project so um I have no problem with it I'd move to approve with my blessings motion and a second any more discussion done go to a vote all in favor can't wait to see passes thank you but