City Council Minutes 05-23-2011MINUTES
REGULAR MEETING — MONTICELLO CITY COUNCIL
Monday, May 23,2011 — 7 p.m.
Present: Clint Herbst, Lloyd Hilgart, Tom Perrault, Glen Posusta, Brian Stumpf
Absent: None
1. Call to Order and Pledge of Allegiance
Mayor Herbst called the meeting to order at 7:02 p.m. and declared a quorum present.
The Pledge of Allegiance was recited.
2A. Approval of Minutes — May 9, 2011 Regular Meeting
GLEN POSUSTA MOVED TO ACCEPT THE MINUTES OF THE MAY 9, 2011
REGULAR MEETING AS CORRECTED. BRIAN STUMPF SECONDED THE
MOTION. MOTION CARRIED 5 -0.
3. Consideration of adding items to the agenda
The following items was added to the consent agenda: 5K) Consideration of adopting
Resolution #2011 -42 authorizing an Intent to Consider an application for a Cable
Franchise and calling for a Public Hearing to consider issuance of a franchise in the City
of Monticello; Applicant, Bridgewater /TDS Telecom.
The following items were added to the regular agenda: a) Weeds /mowing on rights -of-
way, b) No- parking sign, and c) Modifications to state reconstruction project across the
river.
4. Citizen comments, public service announcements, and staff updates
a. Citizen Comments:
Jim King, Carefree Lawn Service: Mr. King extended an apology to Tom Pawelk
and Bob Paschke and noted that he did not intend to harass them when he called
to ask about mowing that did not appear to be done. He was not happy about
receiving an email from Mr. Paschke asking him not to harass his employee. Mr.
King stated that he had called back to say it looked good when the mowing was
done. He shook hands and thanked the Council members.
James Vanderlinden (6317 NE 86`h Street): Mr. Vanderlinden noted that he
recently talked to Lloyd Hilgart, a neighbor of his, and wanted to share some
pictures of his driveway that had been impacted during work by FiberNet last
year. He received sealant from the City to cover his driveway and hired a
professional to apply it. It looked good last fall, but he feels this was an inferior
grade of sealant as it does not look very good anymore. Clint Herbst summarized
a prior meeting with James Vanderlinden at a FiberNet Advisory Board meeting.
Clint noted that the pothole was dug as required in the city right -of -way and the
City Council Minutes — May 23, 2011 Page 1
City repaired the work in the same way they would normally do it. Clint feels the
City has taken care of their obligations beyond the legal requirements. Glen
Posusta questioned James Vanderlinden about the sealing process. Bret Weiss
suggested that the picture shows a slight sinking in the pothole, which the City
might want to fill and even off, Bret noted that driveway sealants are pretty much
the same and they wear off after a year. He suggested that it should not be
necessary for the City to reseal the driveway again.
b. Public Service Announcements:
1) Bertram Family Fun Day (6/11) - Angela Schumann noted this will be the
3`d Annual Bertram Fun Day and the public is invited for this free event on
June l 1`h from 11 a.m, to 4 p.m. Enjoy hiking, face painting, fishing,
swimming, canoeing, kayaking, and amphitheater events. Concessions
available or bring a picnic lunch.
2) Walk & Roll (6/18) - Angela Schumann summarized this annual event that
will take place starting at 9 a.m. on June 18. The New River Hospital will
provide activities and bike helmets. Get your pathport stamped for a
chance to win one of about 13 bikes offered for door prizes.
C. Staff Updates: none
5. Consent Agenda:
A. Consideration of approving payment of bills for May 23rd. Recommendation:
Approve the bill registers for May 23rd for a total amount of $1,100,879.30.
B. Consideration of approving new hires and departures for City departments.
Recommendation: Ratify new hires and terminations for Parks, FiberNet, and
MCC.
C. Consideration of adopting Resolution #2011 -39 approving contributions from
Tom Perrault for the General Fund and Refer a Friend Program for the Fire
Department. Recommendation: Adopt Resolution #2011 -39 approving donation
of $250 from Tom Perrault and $150 from the RMG Refer a Friend Program for
fire department supplies or equipment.
D. Consideration of establishing change fund for MCC for operation of concessions
cart. Recommendation: Approve establishment of a change fund for MCC
portable concessions trailer.
E. Consideration of approving the 2010 Storm Water Pollution Prevention Program
( SWPPP) Annual Report. Recommendation: Approve the 2010 SWPPP Annual
Report and authorize submittal to the MPCA.
F. Consideration of adopting Ordinance #529 amending the Monticello Zoning
Ordinance, Chapter 2.4 - Specific Review Procedures & Requirements, Chapter
City Council Minutes — May 23, 2011 Page 2
5.3(D) - Accessory Use Standards, and Chapter 5.4 — Temporary Uses.
Recommendation: Adopt Ordinance #529 amending the Monticello Zoning
Ordinance, Title 10 as follows:
Section 1:
2.4(B) Zoning Ordinance Text and Zoning Map Amendments
(2) Initiation of Proceedings
(c) Recommendation ofthe Community Development
Department; or
(d) Action of the City Council.
Section 2:
5.3(D) Additional Specific Standards for Certain Accessory Uses
(2) Accessory Building — Minor
(b) In the M -H district, one minor accessory building for
storage of equipment and refuse is permitted for each
manufactured home provided the accessory building can
meet all required setbacks, and is designed of weather
resistant material that will enhance the general appearance
of the lot.
(3) Accessory Building — Major
(a) In all residential districts except M -H, the following shall
apply:
(b) In the M -H district, the following shall apply:
Section 3:
5.4(D) Table ofAllowed Temporary Uses and Structures
Table 5 -8: Temporary Uses & Structures — Temporary Structure
Amend text for: Construction Dumpster (on private property)
• Allowable Duration: 30 days without building permit.
• Permit Required: No.
• Additional Requirements: 5.4(E)(1)(b).
Table 5 -8: Temporary Uses & Structures — Temporary Sale
Amend text to add line item for: Seasonal Sales
• Allowable Duration: 60 days per permiW 20 days per calendar
year maximum term.
Permit Required: Yes.
Additional Requirements: 5.4(E)(7) and 5.4(E)(12)
Section 4:
5.4(E) pecific Standards for Temporary Uses
(1) Construction Dumpster
Under (b), add this item and text:
(vi) Be secured with a cover to prevent litter and debris
from escaping the dumpster.
(7) Tents, Canopies, Tarp Garages, and Hoop Buildings
City Council Minutes — May 23, 2011 Page 3
(d)
Not to be erected for more than a total of 30 days in any
calendar year with the exception of those uses with valid
permits issued under 5.4(E) (8 -12).
Add this new subsection to Section 5.4(E):
(12) Seasonal Sales
Seasonal sales shall:
(a)
Be authorized in writing by the property owner if
conducted on property not owned by the seasonal sale
operator;
(b)
Not be located within any right -of -way;
(c)
Not reduce available parking areas below that which is
required by code;
(d)
Provide adequate ingress, egress and off - streetparking
areas; and
(e)
Be subject to the sign standards in Section 4.
G. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA.
H. Consideration of a request for Conditional Use Permit for Veterinary Facilities
(Neighborhood) and an amendment to Planned Unit Development for Monticello
Business Center 5`h Addition/Quad Development. Applicant: Quad
Development, LLC. Recommendation: Approve CUP for Veterinary Facility
for Lot 1, Block 1, Monticello Business Center 6th Addition and apXrove an
amendment to the CUP for PUD for Monticello Business Center 6 Addition,
contingent on compliance with the following conditions:
1. The area provided for animals shall not be exposed to stormwater and the
waste shall immediately be picked up and disposed ofproperly.
2. Animals shall not be kept outdoors overnight or be allowed to remain
outside unsupervised.
3. All animals must be leashed.
4. No outside storage of carcasses shall be permitted.
5. The facility shall be subject to an annual inspection by a City Health Officer
at owner's expense.
6 The applicant shall comply with final building elevations provided to the
Planning Commission on May 17'h, 2011, which are consistent with code
requirements and compatible with the original PUD.
7. The applicant shall submit a final building elevation✓site plan illustrating
the following:
a. The location and configuration of landscaping of screening for large
trash handling and recycling collection areas.
b. Large trash handling and recycling shall be at least six feet from a side
or rear lot line, and shall not be located within front yards or corner
side yards.
c. If a wall or detached accessory structure is used to screen or define a
large trash handling and recycling collection area, the building
City Council Minutes — May 23, 2011 Page 4
materials used for the wall or accessory structure shall be compatible
with the principal structure and be readily served through swinging
doors.
d. Areas intended for large trash handling and recycling collection areas
shall be surfaced with concrete that meets or exceeds minimum City
standards.
e. Sign placement and size.
8. The applicant shall submit a detailed landscaping plan illustrating the
following:
a. The number and species of plantings in order to verify compliance with
the original PUD and base landscaping code requirements.
b. The location, number, species and configuration of landscaping for
large trash handling and recycling collection areas.
9. A photometric plan compliant with the original approval will be required at
building permit.
10. A cross- access easement document shall be provided to the City, verifying
that Lot 1, Block 1 of the proposed Monticello Business Center shall have
direct access to School Boulevard and to PUD parking facilities.
11. The applicant shall comply with the comments per City Engineer's memo
dated April 26h, 2011.
12. The approval is subject to the re plat and execution of Development
Agreement for Monticello Business Center 6`4 Addition.
I. Consideration of approving a subsidy for the Building Plan Check Fee for
Aroplax in accordance with the Business Expansion Incentive Pilot program.
Recommendation: Approve subsidizing the $3,047.66 building plan check fee
on the building permit for Aroplax through the Business Expansion Incentive
Pilot program.
Consideration of approving an agreement between Matt Maier and the City of
Monticello to harvest hay and maintain boulevards on specified City properties.
Recommendation: Approve the lease agreement with Matt Maier for harvesting
hay and maintaining boulevards on the following City properties:
• 155035000010
• 155164000040
• 155164000030
• 155177000010
• 155194000010
• 155191000020
• 155191000080
• 155194000050
• 155181000010
• 155194000030
• 155194000020
• 155171000050
• 155018001050
• 155018003040
City Council Minutes — May 23, 2011 Page 5
• 213100151400
K. Consideration of adopting Resolution #2011 -42 authorizing an Intent to Consider
an application for a Cable Franchise and calling for a Public Hearing to consider
issuance of a franchise in the City of Monticello; Applicant, Bridgewater /TDS
Telecom. Recommendation: Adopt Resolution #2011 -42 authorizing an Intent
to Consider an application for a Cable Franchise and calling for a Public Hearing
to be held on June 27, 2011 at 7 p.m.
Tom Perrault pointed out a correction in the SWPPP report for Item 5E that should have
listed BMP inspections at 27% (page 4, Measure 6 -C).
BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE
ADDITION OF ITEM K AND REMOVAL OF ITEM G. TOM PERRAULT
SECONDED THE MOTION. MOTION CARRIED 5 -0.
6. Consideration of items removed from the consent agenda for discussion
5G. Consideration of reimbursing planning review application and deposit for NAPA
Auto
Glen Posusta questioned whether this was a normal process and thought perhaps the City
should keep a portion of the fees to cover some of the expenses incurred by the City.
Angela Schumann stated that the fee for the vacation application was paid in advance for
the initial public hearing that was held. In addition, they paid fees to expedite the process
for preparing their plans for review. Clint Herbst suggested that the reimbursement be
for the additional fees but less the $125 for the vacation application. Angela explained
that the motion for reimbursement does not include the $125.
GLEN POSUSTA MOVED TO APPROVE ALTERNATIVE #1 TO REIMBURSE
$2400 TO NAPA AUTO FOR LAND USE APPLICATIONS AND DEPOSIT. TOM
PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0.
Angela Schumann noted that NAPA is in the process of selecting an alternative site and
will be bringing in plans for review for the new site.
Consideration of adopting Resolution #2011 -40 ordering Improvements and
Bruce Westby summarized the project for street lighting consisting of 34 LED lamps
along the East 7a' Street corridor from Union Crossings to Hwy 25. This will include 11
stand -alone street lights, 19 street lights with backside pedestrian lighting, and 4 stand-
alone pedestrian lights. Bruce Westby explained that the contract with Wright Hennepin
Electric would include a maintenance agreement in which they hope to include a clause
to decrease the maintenance if found not to be needed. The existing lights along 7eh
Street would be removed (they belong to Xcel Energy). The recommendation is to pay
City Council Minutes — May 23, 2011 Page 6
for this project with funds from the Street Light Improvement Fund.
BRIAN STUMPF MOVED TO APPROVE ALTERNATIVE #1 TO ADOPT
RESOLUTION #2011 -40 ORDERING IMPROVEMENTS AND AUTHORIZING
REQUEST FOR PROPOSALS FOR THE 2011 STREET LIGHTING
IMPROVEMENTS FOR 7TH STREET EAST, CITY PROJECT NO. 11C002. GLEN
POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0.,
8. Consideration of adopting Resolution #2011 -41 authorizing preparation of a
Feasibility Report for Walnut Street Boulevard Improvements, City Proiect No.
11C003
Bruce Westby noted that Council is aware that the pavers used along Walnut Street are
deteriorating and will need to be replaced. Near the Community Center, there are a
number of the pavers that are to the point of being safety hazards. Bruce Westby
explained that city staff has inventoried the pavers and pictures were provided in the
Council packet. With a feasibility report, they would explore costs for replacing the
pavers over time with colored, stamped concrete. The feasibility report would also look
at the sidewalk, especially along the Cargill plant, that is spauling and breaking apart. If
Council would want to consider assessing any of the work, this could be addressed in a
feasibility report. Clint Herbst stated that he did not think it would be fair to assess again
for a project to repair the problems. He also noted that he did not think that Council
would have to authorize an internal feasibility report. Brian Stumpf thought it might be
useful for Council to review a feasibility report to give their approval before getting
quotes. Brian Stumpf noted that he would probably prefer to have the pavers in the
crosswalks replaced with asphalt and suggested that the feasibility report include options
besides colored, stamped concrete..
Glen Posusta suggested that City staff should go ahead and get quotes for the various
components of work to be done. He felt that the quotes should also include colored
(only) concrete as well as colored, stamped concrete. Glen Posusta also suggested
looking at asphalt replacement in the crosswalks, possibly with a strip of white to define
the crosswalk. Lloyd Hilgart prefers colored concrete without the stamping. Bruce
Westby said they would work with the contractor to address various alternatives.
LLOYD HILGART MOVED TO APPROVE ALTERNATIVE #1 TO ADOPT
RESOLUTION #2011 -41 AUTHORIZING PREPARATION OF A FEASIBILITY
REPORT AND SOLICITATION OF QUOTES FOR WALNUT STREET
BOULEVARD IMPROVEMENTS, CITY PROJECT NO. 11 C003. GLEN POSUSTA
SECONDED THE MOTION. MOTION CARRIED 5 -0.
9. Consideration of approving a Maple Street right -of -way river bank restoration
project
Clint Herbst noted that he had been contacted by Joseph Mahoney in regard to this
project. Angela Schumann explained that there are actually two decisions for Council as
City Council Minutes — May 23, 2011 Page 7
part of this item. She noted that the restoration of the river bank is a desired objective.
However, this project would only address a small section of the riverbank. Therefore
staff is recommending that Council delay action at this time to allow staff more time to
put together a plan for restoration of a larger portion of the riverbank in coordination with
the Wright County Soil & Water Conservation District (WCSWCD). This way, the City
could benefit from cost sharing on this project through the WCSWCD. If the City
participates in the Mahoney project, the cost would be approximately $4300 and would
not be eligible for cost sharing for the 33 ft portion in Mahoney's request.
Clint Herbst suggested this might be an opportunity for the City to test the restoration
process based on principles of the WCSWCD. Glen Posusta commented that Mr.
Mahoney had also contacted him and Mahoney stated he did not have a problem with
waiting a year or so, but he would still like to plant grass seed in the 33 ft area. Clint
Herbst asked what the cost sharing brings to Mahoney's project. Angela Schumann
noted that he receives 50% match from WCSWCD for his portion of the riverbank but
that would not apply to the city's 33 ft portion.
Clint Herbst suggested that, if the City elects not to participate in Mahoney's project, the
city should get some before and after pictures so they can track the success of his project.
Decision 1— Approval of a Maple Street right -of -way riverbank restoration project:
CLINT HERBST MOVED TO APPROVE ALTERNATIVE #2 DENYING
IMPLEMENTATION OF THE MAHONEY RIVERBANK RESTORATION PROJECT
AT THIS TIME. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED
5 -0.
Decision 2 — Development of a right -of -way restoration feasibility report:
BRIAN STUMPF MOVED TO APPROVE ALTERNATIVE #1 FOR DEVELOPMENT
OF A RIGHT -OF -WAY RIVERBANK RESTORATION FEASIBILITY REPORT.
GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0.
10. Added items
a) Weeds /mowing on rights -of -way — Lloyd Hilgart commented that he has noticed a lot
of areas on city rights -of -way and empty lots where the weeds are getting out of
control. Angela Schumann explained that the City put in place a plan for thistle
control and sent out letters giving specific property owners until May 27th to spray
for thistles before they cut grasses. City staff is aware of the problem and are ready to
address it as soon as they can legally. Glen Posusta asked why the City can't just go
in and mow or take care of the noxious weeds without going through all these steps.
Angela Schumann explained that legally the City is required to take these steps and
they cannot avoid these steps; this was confirmed by Attorney Joel Jamnik. Ron
Hackenmueller noted that staff is meeting with the mowing contractor to discuss the
process for handling the problem areas.
City Council Minutes — May 23, 2011 Page 8
Clint Herbst asked about the cemetery as he understood it was just recently mowed
for the first time this season. Bob Paschke explained that Hellman's Service cleaned
and mowed the cemetery, and they will be mowing it again on Thursday in advance
of Memorial Day.
Glen Posusta reminded Bob Paschke about placing flags on Broadway for Memorial
weekend.
b) No parking signs — Tom Perrault asked about no- parking signs placed along Hillcrest
Park. A resident had questioned him on where they could park along that section of
road. Bob explained that they were placed about 2 signs per block to indicate the no-
parking side of the street. Clint Herbst explained that they did not want to flood the
streets with no- parking signs.
c) Mod fcation to state reconstruction project across river - Bruce Westby explained
that the state is proposing to direct traffic to one lane in Monticello which has a big
impact on traffic in Monticello. The City and WSB had made a request to do the
traffic control on the bridge instead of on Hwy 25 in Monticello during the initial plan
review process. The final plans were let with the traffic control still taking place on
Monticello streets so the City and WSB contacted MnDOT to reconsider a change to
push traffic control to the bridge. The City and WSB submitted a rough plan to
MnDOT showing traffic control on the bridge. The State agreed to work with the
contractor to adjust the traffic control plan as long as the cost did not exceed $30,000.
If cost is greater than that, they would ask the City to pay for the excess amount.
11. Adiournment
BRIAN STUMPF MOVED TO ADJOURN THE MEETING AT 8:19 P.M. GLEN
POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0.
Recorder: Catherine M. Shuman OjyAJ
Approved: June 13, 2011
Attest:
, minrstrator
City Council Minutes — May 23, 2011 Page 9