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City Council Minutes 09-25-2017REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, September 25, 2017 — 6:30 p.m. Mississippi Room, Monticello Community Center Present: Brian Stumpf, Jim Davidson, Bill Fair, Charlotte Gabler, and Lloyd Hilgart Absent: None. 1. General Business A. Call to Order & Pledge of Allegiance Mayor Stumpf called the meeting to order at 6:30 p.m. All City Councilmembers were present. B. Approval of Meeting Minutes Special Meeting Minutes from September 11, 2017 Councilmember Gabler moved approval of the special meeting minutes. Councilmember Hilgart seconded the motion. Motion carried unanimously. Regular Meeting Minutes from September 11, 2017 Councilmember Fair moved approval of the regular meeting minutes. Councilmember Davidson seconded the motion. Motion carried unanimously. C. Consideration of Adding Items to the Agenda None. D. Citizen Comments • Mike Niewind, Rolling Hills Landfill, addressed the City Council and provided information on a possible expansion. This rezoning request will be brought to the Wright County Board on October 26 for approval. E. Public Service Announcements - Fire Department Open House being held September 30 from 11 a.m. — 3 p.m. - Library Community Meeting & Book Sale — scheduled for September 30 and October 2 during regular business hours. - Bertram Athletic Fields BBQ fundraiser, hosted by Monticello Soccer Club, will be Saturday, October 7. City Council Minutes — September 25, 2017 Page 1 1 7 F. Council Liaison Updates Library Board — Councilmember Gabler noted the following: Library is hosting a community meeting on September 27; all GRRL branches will be closed on October 9; and legacy funds increased for 2018. • EDA — Councilmember Davidson noted that there was a pre -meeting workshop held in regard to TIF Financing. The EDA adopted a marketing plan at their regular meeting. • I-94 Coalition — A memo recapping the Washington D.C. trip was included in the agenda packet. • Ellison House Committee — Mayor Stumpf noted that the group met and authorized staff to obtain contractor estimates on renovating the home for public use. In addition, the group discussed potential uses of the property. G. Department Updates • Jeff O'Neill, City Administrator, provided updates on the following: 1. MCC staff and Cable Commission were recognized for their efforts to provide technology for Cargill's tele -conference event that was held in the Mississippi Room. 2. Staff received a complaint in regard to mailboxes. There was a request for a change to policy to allow neighborhoods to construct cluster mailbox structures to their standards or preference. 3. Xcel Energy is looking at a land management/prairie restoration project of 800 acres. This replicates the Tyrone project — presentation of this project included in the packet. 4. Wright County Economic Development Partnership hosted an event for brokers from the metro area to learn more about Wright County. 5. Reminded the council of the Xcel Energy Community Breakfast on Thursday, September 28. • Construction Update — Shibani Bisson provided an update, including an overview and history of actions related to Gillard Avenue, specifically at the intersection of County Road 39. She also commented on improvements that have been made or are planned to be implemented in this area. There was a handout provided to the council on the timeline of all of these items. Ms. Bisson mentioned that Wright County is in the process of conducting a safety audit/plan. There was discussion of installing the right turn lanes on Gillard. Ms. Bisson noted that this will be brought back to the next meeting. 2. Consent Agenda Councilmember Hilgart moved approval of the consent agenda excluding items A and L. Councilmember Fair seconded the motion. Motion carried unanimously. A. Consideration of approving the payment of bills. Recommendation: ITEM WAS REMOVED FROM CONSENT AGENDA. City Council Minutes — September 25, 2017 Page 2 1 7 B. Consideration of approving new hires/departures. Recommendation: Approved the hire for Streets and departures for MCC and Parks. C. Consideration of approving the sale/disposal of surplus city property. Recommendation: Approved as presented. D. Consideration of adopting a resolution accepting donations for Industry of the Year. Recommendation: Adopted Resolution 2017-72 accepting donations for the Industry of the Year breakfast. E. Consideration of approving a Credit Card Security Policy. Recommendation: Approved the card security policy. F. Consideration of approving Change Order No. 2 and adopting Resolution 2017-67 accepting improvements and authorizing final payment of $79,850.11 to DI -MAR Construction for the WWTF Phosphorous Reduction and Digester Cover Improvement Project, City Project No. 14C002. Recommendation: Adopted Resolution 2017-67 approving Change Order No. 2, accepting improvement and authorizing final payment of $79,850.11 to DI -MAR Construction for the WWTF Phosphorous Reduction and Digester Cover Improvement Project, City Project No. 14C002. G. Consideration of adopting Resolution 2017-68 declaring costs to be assessed, ordering preparation of assessment roll, and calling for an assessment hearing on October 23, 2017, to adopt assessment for 2017 Street Reconstruction and Utility Improvement Project, City Project 16C003, for Hart Boulevard and Sandberg Road. Recommendation: Adopted Resolution 2017-68 declaring costs to be assessed, ordering preparation of assessment roll, and calling for the assessment hearing for October 23, 2017, to adopt assessments for the 2017 Street Reconstruction and Utility Improvement Project, City Project No. 16CO03 for Hart Boulevard and Sandberg Road. H. Consideration of approving Resolution 2017-69 accepting improvement and authorizing final payment of $10,021.48 to Barber Construction for the Bertram Chain of Lakes Regional Park — Athletic Park Interim Improvements. Recommendation: Adopted Resolution 2016-69 accepting improvement and authorizing final payment of $10,021.48 to Barber Construction for the Bertram Chain of Lakes Regional Park — Athletic Park Interim Improvements. I. Consideration of adopting Ordinance 681 amending the Fee Schedule by adding Shall Wireless Facility fee and collocation fees to Right -of -Way Pen -nit section of Fee Schedule. Recommendation: Adopted Ordinance 681 amending the 2017 Fee Schedule to add the Small Wireless Facility fee. City Council Minutes — September 25, 2017 Page 3 1 7 J. Consideration of approving an amendment to a Conditional Use Permit for Planned Unit Development for Final Stage PUD Review of a multi -tenant commercial building in a B-3, Highway Business District. Applicant: Larson, Andy/Crown Bay. Recommendation: Approved the amendment to Conditional Use Permit for Final Stage PUD, based on the findings in Resolution 2017-71, and contingent on compliance with the conditions listed in Exhibit Z. K. Consideration of adopting Resolution 2017-66 awarding the sale of General Obligation Bonds, Series 2017A, in the original aggregate principal amount of $5,000,000; fixing their form and specifications; directing their execution and delivery; and providing for their payment. Recommendation: Adopted Resolution 2017-66 approving the sale of $5,000,000 G.O. Bonds, Series 2017A. L. Consideration of approving solar garden subscription agreements with NRG. Recommendation: ITEM WAS REMOVED FROM THE CONSENT AGENDA. 2A. Consideration of items removed from the Consent Agenda for discussion. A. Consideration of approving payment of bills. Councilmember Hilgart questioned a refund made to Chadwick. Angela Schumann responded that this was a refund from an escrow. Councilmember Hilgart moved approval of the bill and purchase card registers for a total amount of $1,184,368.52. Councilmember Gabler seconded the motion. Motion carried unanimously. L. Consideration of approving community solar garden subscription agreements with NRG. Mayor Stumpf removed the item and recognized Bradford Pete -Hill and Rob Martine from NRG Energy. Mayor Stumpf noted that NRG presented on community solar gardens at the special meeting. Councilmember Gabler questioned whether or not staff conducted a reference check on NRG with other public entities. Wayne Oberg noted that he spoke with other cities and Xcel Energy, who confinned everything that NRG had presented. Wayne Oberg commented on his recommendation of a flat fixed rate, without an escalator, of 11.95. Discussion ensued among councilmembers which included the requirement of a drop dead date. NRG is slated to start construction in April/May 2018. Mr. Oberg requested some discretion in setting the start date. Mayor Stumpf questioned whether or not the city would have any negotiation capability. Mr. Oberg responded that the 11.95 was a negotiated number. City Council Minutes — September 25, 2017 Page 4 1 7 Mayor Stumpf moved approval contingent on authorizing the Finance Director the flexibility of setting the start date and negotiating with NRG a rate of 11.90. Councilmember Fair seconded the motion. Motion carried 4-1; Councilmember Hilgart voted against. Councilmember Hilgart was concerned that it wasn't approved if rate of 11.90 wasn't accepted. 3. Public Hearings 4. Regular Agenda A. Consideration of adopting Ordinance 682 b adding Title 8, Chapter 10 — Rights - of -Way Regulation and adopting Summary Ordinance 682 for publication. Shibani Bisson gave a brief presentation on the new right-of-way ordinance. Currently, the city regulates the use of right-of-way by issuing permits for private utilities and FiberNet. An ordinance hasn't been established in conjunction with these permits. A new law allowing wireless companies to work with cities to place small cell wireless equipment within public rights-of-way led to the City attorney recommending that the city adopt an ordinance regulating such permits. Councilmember Hilgart moved approval of Ordinance 682, Right -of -Way Regulation and Summary Ordinance 682A for publication. Councilmember Davidson seconded the motion. Motion carried unanimously. B. Consideration of approving a request for Amendment to Conditional Use Permit for Planned Unit Development, Development Stage Planned Unit Development, and Preliminary Plat for Carlisle Village 6th Addition for single family lots in an R-2 (Single Family and Two Family Residential) District. Applicant: Paxmar LLC. Steve Grittman, NAC, presented the item to council and noted that the Planning Commission voted 3-2 to approve the decisions for Development Stage PUD Approval and Preliminary Plat. The site includes previously platted land that was planned as attached townhouse units. Of the 25 planned units, only 8 were completed. The applicant requests to convert the remaining 17 lots to single family detached townhouse lots, including the portion of outlots that were set aside as common area. Alan Roessler, PAXMAR (applicant), addressed staff's concern in regard to the Homeowner's Association. The concern was for the applicant to clarify the relationship to the existing HOA and responsibilities. Mr. Roessler noted that his preference is to join with the existing HOA and amend the declaration to fit this proposal. If that isn't an option, they would create a new HOA which would manage maintenance, art control, and common area. There were other items City Council Minutes — September 25, 2017 Page 5 1 7 discussed, including decks, sidewalks, setbacks. The Planning Commission's recommendation differed from staff s recommendation on some of these items. There were members of the neighborhood that addressed the city council. The following testified: John Erickson, 8848 Gatewater Drive, expressed concern that the applicant's request may set precedent for future lots. He feels that the applicant can build or develop within the R-2 framework, of which it is zoned, and that it should keep with the aesthetics as attached townhomes. Kara Moore, 8635 Gatewater Drive, stated that she was concerned about the unit facing Bakken Street. She explained that this is a change from the original plat. She noted that adding this unit in the outlot takes away the common area space. Katie Pearson, 8605 Gatewater Drive, expressed concern about the potential of decreasing home values because the project does not match the other townhomes. She also mentioned that Jon Morphew started a petition opposing the project and has received 85 signatures. Tamara Erickson, 6442 84t" Street NE, commented on the fact that there is only one access into Carlisle Village. She also stated that there won't be adequate parking for the additional vehicles. She also expressed concern about having two different HOAs, especially since they may not have the same standards. Scott Brouwer, 8547 Gatewater Drive, is concerned about aesthetics, especially in the back of the townhomes. He is also concerned about the limited parking that is available. The council discussed the proposal and the concerns mentioned. Mayor Stumpf is concerned about the proposed development and is opposed to the reduced setbacks. He looked to the council to possibly tabling the item to come to some agreement on the Exhibit Z items. Councilmember Gabler concurred on the setbacks and noted that there should be 6 foot side setbacks and 25 foot front setback (staff s recommendation). She also would like to see Lot 1, Block 1 (open common area) be removed from plan for development and suggested that the developer review these items. Councilmember Davidson is concerned that the project does not fit within the development, that there wasn't more consideration given applicant for Exhibit Z and the needs of the neighborhood. Councihneinber Fair feels that the developer needs to address Exhibit Z and develop a model HOA draft agreement. Councilmember Hilgart commented that he prefers attached units and is concerned that there will be traffic issues. City Council Minutes — September 25, 2017 Page 6 17 Councilmember Davidson moved to table the item and directed staff to prepare findings of fact for denial of request for Amendment to Conditional Use Permit for Planned Unit Development, Development Stage Planned Unit Development, and Preliminary Plat for Carlisle Village 6t" Addition for single family lots in an R-2. Councilmember Hilgart seconded the motion. Motion carried unanimously. C. Consideration of approving an amendment to the Monticello Comprehensive Plan by adopting the Downtown Small Area Plan. Applicant: City of Monticello. Angela Schumann introduced Andrew Dresdner, Cuningharn Group, who gave a brief presentation on the proposed Downtown Small Area Plan. Mr. Dresdner presented the study for approval. He commented on how this plan differs from the Embracing Downtown Plan. He spoke on the purpose of the plan, the process of development, and the goals and objectives of the plan. Primary recommendations were reviewed and illustrated. The city council thanked staff and the Cuningham Group on their efforts. Councilmember Davidson moved to adopt Resolution 2017-70 approving amendments to the Monticello Comprehensive Plan for adoption of the Downtown Small Area Plan, based on findings in resolution. Councilmember Fair seconded the motion. Motion carried unanimously. 6. Adiournment By consensus, the meeting was adjourned at 8:33 p.m. Recorder: Jennifer Schreiber Approved: Attest: City Administrator City Council Minutes — September 25, 2017 Page 7 1 7