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City Council Minutes 06-27-2011MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, June 27, 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 — June 13, 2011 Special Meeting /Workshop BRIAN STUMPF MOVED TO ACCEPT THE MINUTES OF THE JUNE 13, 2011 WORKSHOP AS PRESENTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 2B. Approval of Minutes — June 13, 2011 Regular Meeting GLEN POSUSTA MOVED TO ACCEPT THE MINUTES OF THE JUNE 13, 2011 REGULAR MEETING AS CORRECTED. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 3. Consideration of adding items to the agenda The following items were added to the regular agenda: a) Riverfest signage at old Garden Center and b) MCC use of Prairie Center Office building 4. Citizen comments, public service announcements, and staff updates a. Citizen Comments: Steve Conroy, owner of an office building at 261 Broadway East - Conroy has been having a lot of issues with the sewer line on the property. Apparently this is related to a problem stemming from the time the sewer line was installed over 50 years ago. Matt Theisen explained that he has documented a number of problems experienced by Conroy's. At their expense they put in some extra clean -outs, but there are still problems that occur. Matt explained the improvements that were made in 2001 on the mainline sewer; however, there was some settling and not enough grade in the line, and this appears to contribute to the problem. Matt noted that ordinance states that the property owner is responsible for repairs from the mainline in the street to his property. Matt did get a quote from Redstone Construction to find out an approximate cost to dig up the mainline and correct the problem. Matt described the process that would be proposed to correct the problem. A lift pump could be put in as an option for about $1000 and Matt explained how that would be done. Matt noted that there would be some cost for the electricity to run the lift pump. To redo the mainline sewer line, cost is City Council Minutes —June 27, 2011 Page 1 estimated at $12,900 for contractor to do the digging and road work, and the City would need to mill a new section of overlay later on due to county /state aid requirements. Totals would run over $18,000 for a 6" line and over $19,000 for an 8" line. Clint Herbst commented that he had sat in with Matt when he met with Steve Conroy and explained the problem. This would prove to be almost impossible for the property owner to rectify on his own. Clint feels that the City should try to correct the problem in a manner that would correct the problem for Conroy. GLEN POSUSTA MOTION TO PUT IN A LIFT PUMP FOR CONROY'S BUILDING FOR AN APPROXIMATE COST OF $1,000. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 1) Veolia landfill presentation — Theresa Berg from Veolia Rolling Hills Landfill provided a presentation to show the purpose and impacts of landfills for the proper management of waste. Landfills minimize groundwater pollution and contamination. Rolling Hills sits on about 50 acres and the company owns over 460 acres, part of which is in agricultural use. She explained the liner system used in their landfill. Leachate is rainwater or melting snow that comes in contact with the waste in the landfill. There is a collection system to pump out leachate so it does not contaminate the groundwater. The actual waste is compacted into cells by heavy equipment. A closed cell is covered with a top layer system and not used for over 20 years. Methane is produced when waste breaks down; therefore a methane collection system is installed to collect the gas and burn it off. Some landfills collect the methane and use it to generate electricity. The landfill is open for tours. An Open House is scheduled on Saturday, September 17th from 9 a.m. to 1 p.m. 2) Jessie Hart, MnGFOA, presentation of Comprehensive Annual Financial Report Award — Jessie introduced herself as President -elect for the MN GFOA. She was pleased to present the Comprehensive Annual Financial Report Award of Excellence to the City of Monticello and explained the importance of the award and how prestigious it is to earn this award, as there are only 92 other cities in Minnesota that received this award last year. She noted that this is the first time that the City of Monticello has earned this award and complimented Finance Director Tom Kelly on his dedication to governmental accounting. Public Service Announcements: 1) Downtown Final Concept Review (6/28) — Angela Schumaim announced the upcoming meeting for the Embrace Downtown project on June 28 from 4 to 6 p.m. at the Community Center. 2) Block Party at MCC (7/7) — Kitty Baltos reminded everyone of the annual Riverfest Block Party to be held on July 7 from 11 a.m. to 1 p.m. on the south side of the community center. Sponsored by: MCC, City Hall, City Council Minutes —June 27, 2011 Page 2 Monticello Tithes, National Guard, Senior Center and FiberNet. Lunch will be served and there will be fun activities. 3) Riverfest (7/7 -10) — Kitty Baltos explained that Riverfest kicks off on Thursday, July 7 at Pioneer Park; Friday talent show; Saturday Art in the Park, Fun Run, and dance at MCC along with a new pie- eating contest; Sunday starts with Worship Service with parade at 12:30 followed by activities and chicken dinner at Ellison Park including royalty coronation and duck race; fireworks at dusk sponsored by the City of Monticello. C. Staff Updates: 1) Introduction of Ben Ranft, FiberNet General Manager — Jeff O'Neill introduced Ben Ranft as the new General Manager for FiberNet. Jerry Olson talked about Ben's background and the selection process. Ben has telecommunications experience along with management experience. HBC will continue to provide continued support as the contract management team to FiberNet. 2) Potential State shutdown impacts — Jeff O'Neill pointed out that the City is not impacted by state aid payments but there are potential areas that may affect the City in their contact with state departments, such as with the Sentence to Serve program and some of the DMV operations. 5. Consent Agenda: A. Consideration of approving payment of bills for June 27th. Recommendation: Approve payment of bill registers for June 271h in the amount of $927,716.91. B. Consideration of approving new hires and departures for City departments. Recommendation: Ratify new hires and departures for MCC, FiberNet, and Liquor Store. C. Consideration of adopting Resolution 42011 -55 approving contribution from Tom Perrault for the General Fund. Recommendation: Adopt Resolution #2011 -55 approving donation of $250 from Tom Perrault. D. Consideration of approving city assistance related to a special event permit for Rotary Taste of the Town event on September 15th at the Park & Ride Lot. Recommendation: Approve temporary use of Park & Ride Lot beginning at 3 p.m. on Wednesday, September 14 through 10 p.m. on Thursday, September 15, 2011, including use of public parking facilities and City services, contingent on development of a site plan with Streets Superintendent and notification of affected local businesses by permit holder. E. Consideration of approving application for 1 -day temporary on -sale liquor license for the Monticello Rotary Club Taste of the Town event. Recommendation: Approve application for 1 -day temporary on -sale liquor license for Rotary Taste of the Town event on September 15, 2011. City Council Minutes —June 27, 2011 Page 3 F. Consideration of approving city assistance related to a special event pen-nit for the Downtown Block Party to be held on July 6"'. Recommendation: Approve temporary closing of Walnut Street and use of 3'd Street parking lot from 9 a.m. through 11 p.m. on Wednesday, July 6, 2011, including use of public parking facilities and City services, contingent on: proper proof of insurance coverage, development of a site plan with Streets Superintendent, and notification of affected local businesses by permit holder. G. Consideration of approving an application for a temporary charitable gambling permit for the Wright County /West Metro Whitetails on September 11, 2011 at River City Extreme. Recommendation: Approve the application for a temporary charitable gambling permit for the Wright County /West Metro Whitetails to hold a raffle on September 11, 2011 at River City Extreme. H. Consideration of approving applications for a temporary 2 -day liquor license and a charitable gambling permit for the Church of St Henry's fall festival on September 17 -18, 2011. Recommendation: Approve applications for a temporary 2 -day liquor license and charitable gambling permit for the St Henry's Fall Festival on September 17 -18, 2011. Consideration of ratifying the negotiated Labor Agreement between the City of Monticello and the International Union of Operating Engineers, Local 49 for April 1, 2011 to March 31, 2013. Recommendation: Ratify 2011 -2013 Labor Agreement between the City of Monticello and International Union of Operating Engineers, Local 49. J. Consideration of adopting Ordinance #531 approving a request for rezoning from I -1 (light industrial) to B -2 (limited business) for Lots 1 and 2, Block 1, Oakwood Industrial Park (101 Chelsea Road); Applicant: Quarry Community Church/City of Monticello. Recommendation: Adopt Ordinance #531 to rezone Lots 1 and 2, Block 1, Oakwood Industrial Park from I -1 to B -2 and amend the Official Zoning Map accordingly under Item 5K. K. Consideration of adopting Ordinance #532 approving an amendment to the Official Monticello Zoning Map; Applicant: City of Monticello. Recommendation: Adopt Ordinance #532 approving the following amendments to the Office Monticello Zoning Map: • Hidden Forest Addition, Phase I and II — rezoned as R -1 • Niagara Falls Addition — rezoned as R -1 • Parcel at NE corner of Locust and Third Streets; located in CCD district - remove CCD--R overlay • Adult Use ordinance amendments — Special Use Overlay district applied to parcels identified in Ordinance #528, Adult Uses • Lots 1 and 2, Block 1, Oakwood Industrial Park— rezoned as B -2 City Council Minutes —June 27, 2011 Page 4 • The legend on the Official Zoning Map was re- organized to make it easier to identify zoning districts L. Consideration of adopting Resolution #2011 -58 accepting streets and utilities for Carlisle Village 1" through 5tt' Additions. Recommendation: Adopt Resolution #2011 -58 accepting public improvements at Carlisle Village 1" through 5 1 Additions. M. Consideration of approving Monticello Community Center policies for 2011. Recommendation: Approve the policies for the Monticello Community Center including the following changes: • Page 2, 3D, changed to identify that non City information will not be posted on the community center's entry doors. These doors are for community center building information only. • Page 7, IE, added adult supervision is strongly recommended for all ages in the Romp 'n' Stomp Room. Also added to Romp `n' Stomp policies on page 17 item 3. • Page 7, If added children ages 0 to 11 are not allowed in the fitness center. This has been our policy in place all along and is identified on the Fitness Center policies on page 12. The Board wanted it also included in the supervision section. • Page 11, 9. We added no public or private displays of affection allowed. This has been an infrequent problem in the family locker room. • Page 16, item 2 and IL Added to policies to reflect the change to our new payment method of adding childcare to their monthly membership. • Page 18, Deleted Teen Center policies and inserted Public Skate Policies. We are no longer maintaining a teen center in the Warehouse. • Page 19, item 13 and page 6 item 15f, Added vandalism or graffiti policy to room rentals and general facility policies. Lloyd Hilgart asked about the purchase of paint from a non -local vendor. Tom Kelly explained that was needed for specialized painting such as crosswalks and is not available locally. Glen Posusta asked about the purchase of woodchips and what they are for. Torn Kelly pointed out that is for landscaping and the woodchips are coning fron Silver Springs golf course, where they are removing trees. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH NO CHANGES. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5- 0. 6. Consideration of items removed from the consent al;enda for discussion No items were removed from the consent agenda. City Council Minutes —June 27, 2011 Page 5 7. Applicant: Quad Development, LLC Angela Schumann explained the purpose of this request to vacate a portion of the drainage and utility easements for Outlot A of Monticello Business Center 5t1' Addition in order to finalize the plat for Quad Development where the Pet Hospital is expected to relocate. By adopting the resolution, the vacation will be approved. Mayor Herbst opened the public hearing. As there were no comments, he closed the hearing. Tom Perrault asked about the lack of setback for the easements along the south side of the plat. Angela Schumann noted that they will be requesting a 6 -foot easement as part of the final plat. LLOYD HILGART MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2011 -54 VACATING A PORTION OF DRAINAGE AND UTILITY EASEMENTS FOR OUTLOT A, MONTICELLO BUSINESS CENTER 5TH ADDITION, CONTINGENT ON REESTABLISHING DRAINAGE AND UTILITY EASEMENTS AS DESCRIBED ON THE FINAL PLAT FOR MONTICELLO BUSINESS CENTER 6TH ADDITION AND SUBJECT TO FINAL UTILITY CONFIGURATION. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 8. Public Hearing — Consideration of adopting Resolution #2011 -56 for issuance of a cable franchise in the City of Monticello to Bridgewater Telephone Company, dba TDS Telecom Jeff O'Neill explained that the City had received a request from TDS to grant them a cable franchise under the requirements of MN Statutes 238. The application submitted by TDS appears to meet the requirements and the City Attorney recommends adoption of the resolution. Joel Jamnik noted that an ordinance will need to be developed and that will need to be approved by both the City and the Sherburne Wright Cable Commission before the franchise would go into effect. Those items will be brought to Council at future meetings. Mayor Herbst opened the public hearing. As there were no comments, he immediately closed the hearing. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION 92011 -56 ISSUING A CABLE FRANCHISE IN THE CITY OF MONTICELLO TO BRIDGEWATER TELEPHONE COMPANY, DBA TDS TELECOM; SUBJECT TO COUNCIL ADOPTION OF A FINAL CABLE FRANCHISE ORDINANCE AND APPROVAL BY SHERBURNE WRIGHT CABLE COMMISSION. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. City Council Minutes —June 27, 2011 Page 6 9. Consideration of accepting the 2010 Audit Report Jim Eichten of MMKR gave a presentation about the City of Monticello's annual audit for 2010. He noted that the State Statutes require the City to have an audit performed annually by an independent audit firm. Documents are prepared by the auditors: Management Report; Auditor Opinions and Findings of the basic financial statements, internal controls and legal compliance; and Audit Summary, where the auditors give information on various topics such as state funding, property taxes, tax rates, fund balances and revenues and expenditures. Mr Eichten provided comparisons between actual and budget figures for the General Fund and Enterprise Funds. Overall the City is experiencing some positive trends in its fiscal status. Jim noted that the City received the CAFR award for excellence in financial reporting for 2009 and they should fully expect to receive the award again for 2010. Lloyd Hilgart asked for an explanation of the areas that create more debt for the City. Tom Kelly pointed out the wastewater treatment facility loan, the community center facility, and the I -94 interchange project. The large amount of debt is not necessarily bad; they were generally assets that the City felt were worthwhile to invest in. Jeff O'Neill also noted there are a number of infrastructure projects that have taken place over the years. LLOYD HILGART MOVED FOR ALTERNATIVE #1 ACCEPTING THE 2010 AUDIT REPORT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 10. Consideration of adopting Resolution #2011 -53 for approval of the 2011 Monticello Parks & Trail Plan and amending the 2008 Comprehensive Plan with an addendum to Chapter 5 for the Parks & Trail Plan Steve Grittman from NAC summarized the process for development of the 2011 Monticello Parks & Trails Plan, essentially forming Chapter 5 of the 2008 Comprehensive Plan. The Plan establishes a series of pathways and trails that encompass the overall parks and pathway system within the City. It also looks at future trails outside of the city boundaries and how they would tie into the current parks and pathways. The committee that worked on the plan consisted of members from current city commissions, school district representatives and community representatives. The adoption of the 2011 Parks & Trails Plan is recommended by both the Plamring Commission and the Parks Commission. Steve explained that the adoption of the plan is the first step to introduce the Parks & Trails Plan to the community. Angela Schumann introduced the online interactive Parks & Trails map that is in the process of being developed by WSB. This map is fully interactive; by scrolling over the reap, there will be many links showing detail about the maps and trails. All parks and trails in the system will be included on the map. All amenities and interesting facts and features about each park and pathway will be available with the map. A new brochure is City Council Minutes —June 27, 2011 Page 7 being developed about the Parks & Trails System and will reference the interactive map. Eventually, mobile applications will be developed to access the map. Tom Perrault commented that he felt the Silver Springs golf course area should be included in the map with a notation that it is an inactive golf course; it is listed currently as a place for recreation. Steve Grittman indicated that could be incorporated since it is part of the Comprehensive Plan. Tom Perrault also noted that the 0' Street Park is classified as a "neighborhood park" and he wondered why it was not a "community park." Steve explained the classification system and noted that, although the park attracts uses outside of the neighborhood, it is really too small to be classified as a community or regional park. Tom Perrault asked about the policy in the Plan for use of park dedication funds and park dedication credits. He was wondering if this was a change in policy; he thought previously credits were not given for water resources as a trade -off for parkland. Steve explained that the objective with the policy was to encourage looking at other spaces that could be traded off in lieu of developing a park, such as green or open spaces that are unique. Steve indicated that this might be considered a change to the previous policy; the group felt it is important to develop and promote a variety of park improvements within given parameters. Tom Perrault indicated that his main disagreement with the Parks Plan is some of the policies that are included. Steve did note that the adoption of the Plan as an addendum to the 2008 Comp Plan requires a 4/5 vote of Council. Glen Posusta noted that a pedestrian underpass at CSAH 75 is not included in the Plan and wondered whether they could actually go ahead with that. Steve Grittman noted that the Plan does include a crossing in that area of CSAH 75 and an underpass would qualify as a crossing. LLOYD HILGART MOVED FOR ALTERNATIVE 91 TO ADOPT RESOLUTION 92011 -53 APPROVING THE 2011 MONTICELLO PARKS AND PATHWAYS SYSTEM PLAN AND RELATED AMENDMENTS TO CHAPTER 5 OF TH 2008 COMPREHENSIVE PLAN. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH TOM PERRAULT VOTING IN OPPOSITION. 11. Consideration of approving City match for 2011 Phase 3 acquisition at the Bertram Chain of Lakes Regional Park/YMCA Camp Manitou Angela Schutnarm asked Council to consider approving a City match for Phase 3 property acquisition at Bertram Chain of Lakes. Through a presentation, Angela Schurnann reviewed the Memorandum of Understanding between the City and County and the YMCA that details the process of acquiring 1200 acres of land at Bertram Chain of Lakes. In 2008, 318 acres were purchased for $1.2 million. In Phase II, 58 acres were purchased at a cost of slightly over $500,000. For Phase 1II, there are a combination of grants and awarded totaling a little more than $1 million. The City's match would be City Council Minutes —June 27, 2011 Page 8 $602,999 to acquire about 80 acres of land. This includes some of the land adjacent to the lakes and would allow the City and County to enter into an agreement with YMCA for use of the beach. Angela Schumann explained the funding sources for the City's match coming from park dedication fees and consolidated bond fund balances. Angela Schumann mentioned that Bertram Chain of Lakes is the most visited park in the City's system and outlined the public support for the Bertram regional park through activities surrounding Bertram Chain of Lakes, such as Family Fun Day and events sponsored by Friends of Bertram. The 2011 Parks & Trails Plan supports acquisition of land at Bertram Chain of Lakes in four of its objectives. Clint Herbst commented on the amount of work that has gone into the Bertram Park planning and land acquisition and the value this will bring to the region. Clint noted that the intent for the money spent now is to repay those fiends when development picks up again. Lloyd Hilgart asked about the recent appraisal and the results. Angela Schumann explained there was an appraisal done in late 2010 which found that the land values remain at fair market value compared to the prices identified in the Memorandum of Understanding. Clint Herbst and Glen Posusta noted that the values have remained stable because of the lakes on the property. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 APPROVING 2008 AND 2010 NON -METRO REGIONAL PARKS GRANT AND 2010 PARK & TRAIL LEGACY GRANT FUNDING MATCHES IN THE AMOUNT OF $602,999 FOR 2011 LAND ACQUISITION AT BERTRAM CHAIN OF LAKES IN CONJUNCTION WITH WRIGHT COUNTY; AND DIRECTING STAFF TO PREPARE CLOSING AND PURCHASE DOCUMENTATION. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH TOM PERRAULT VOTING IN OPPOSITION. Lloyd Hilgart recommended that the Park Dedication fiends should be repaid for the amount that is being withdrawn for this acquisition and Clint Herbst concurred. 12. Consideration of adopting Resolution #2011 -57 to participate in the Performance Measures Program developed by the state's Council on Local Results and Innovation and adopt the corresponding ten Performance Measures Tom Kelly explained the establishment by the State of the Council on Local Results and Innovation (CLRI), which developed the performance measures proposed to be adopted by the City. As part of the program, the City would be responsible for following up and reporting on the performance measures. The program provides a formula for a small amount of state aid reimbursement and exempts participating entities from levy limits. Clint Herbst commented that he did not feel this would be worthwhile for the City to adopt as he thinks any funds that the City would receive would probably not be enough to cover the cost of the program. He feels that the City is doing a good job of monitoring the public's opinion and there have been good improvements made in the finance area. City Council Minutes —June 27, 2011 Page 9 GLEN POSUSTA MOVED FOR ALTERNATIVE #2 TO DENY ADOPTION OF THE RESOLUTION AND NOT PARTICIPATE IN THE PERFORMANCE MEASURES PROGRAM. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5- 0. Jeff O'Neill pointed out that the City is not opposed to performance measures or surveying public opinion; Council prefers not to participate in this program. 13. Added items a) Riverfest sign — Clint Herbst noted that there is a large temporary sign for Riverfest on a lot along East Broadway where there is no designated principal use. As the chair of the Riverfest Committee, he would like Council to allow the sign to remain for this year's Riverfest event. Clint noted that the lot is currently being used to stage the 2011 Street Reconstruction project so there is a temporary use of the property. GLEN POSUSTA MOVED TO ALLOW THE TEMPORARY SIGN FOR RIVERFEST TO REMAIN IN ITS LOCATION ON EAST BROADWAY THROUGH RIVERFEST. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. b) MCC use of Prairie Center building— Clint Herbst explained that, when the Prairie Center building was purchased, it was intended for the MCC to rent out space in the building when there is a need for additional space for meetings and such. He would like to see if the extra space can be utilized for rentals. Consensus was to investigate what is needed to get the building ready for rentals. 14. Adjournment GLEN POSUSTA MOVED TO ADJOURN THE MEETING AT 8:41 P.M. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Catherine M. Shuman Approved: July 11, 2011 Attest: C-S Ci y Mministrator City Council Minutes —June 27, 2011 Page 10