Loading...
City Council Minutes 09-26-2011MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, September 26, 2011— 7 p.m. Mississippi Room — Monticello Community Center 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 7:01 p.m. and declared a quorum present. The Pledge of Allegiance was recited. Mayor Herbst also noted that he helped provide commentary at the Elk River/Monticello football game on September 23 "d in Elk River. He lost a bet with Elk River's mayor and had to wear an Elk River shirt at the meeting tonight. 2A. Approval of Minutes — September 12, 2011 Special Workshop GLEN POSUSTA MOVED TO ACCEPT THE MINUTES OF THE SEPTEMBER 12, 2011 SPECIAL MEETING AS PRESENTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 2B. Approval of Minutes — September 12, 2011 Regular Meeting BRIAN STUMPF MOVED TO ACCEPT THE MINUTES OF THE SEPTEMBER 12, 2011 REGULAR MEETING AS PRESENTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 2C. Approval of Minutes — September 14, 2011 Special Meeting (Joint EDA) TOM PERRAULT MOVED TO ACCEPT THE MINUTES OF THE SEPTEMBER 14, 2011 SPECIAL JOINT MEETING OF THE EDA AND CITY COUNCIL AS PRESENTED. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 3. Consideration of adding items to the agenda • Add item 5K — Adopt resolution for conveyance of property and business subsidy for Suburban Mfg (Angela Schumann) • Question on Walgreen's parking lot (Tom Perrault) • Employee purchasing cards (Glen Posusta) • Junk Amnesty Day (Brian Stumpf) 4. Citizen comments, public service announcements, and staff updates a. Citizen Comments: none b. Public Service Announcements: City Council Minutes — September 26, 2011 Page 1 1) Business Expo (10/2) — Angela Schumann reported that the Chamber invites the public to the Business Expo on October 2 "a from 11 am to 3pm at Monticello High School. Door prizes will be drawn throughout day. Please come and support your local businesses. 2) Beyond the Yellow Ribbon Committee (10/25) — Cathy Shuman announced that the City of Monticello is hosting a community meeting on October 25t11 at 6:30 p.m. at the Monticello Community Center to establish a Beyond the Yellow Ribbon Committee. The Beyond the Yellow Ribbon Community Campaign provides a network the coordinates and connects agencies, organizations, resources and employers to support those affected by military deployments. Invitations have been sent out and community members are welcome to attend. C. Staff Updates: 1) Embracing Downtown — Megan Barnett - Livgard invites you to a public open house on October 24 at 5:30 p.m. in the Mississippi Room. The Embrace Downtown committee is looking for input from the public on the study and plans that have been developed. 2) Construction Projects — Bruce Westby provided an update on various transportation projects in progress around the City: • 2011 Street Reconstruction — most work completed on East River Street except for some mailbox replacement, turf establishment and final wear course. The contractor may not be able to complete the final lift of pavement this season which could create a bit of a problem for snow removal. On East 7t" Street we are waiting for materials for the flashing pedestrian crosswalk sign. Outstanding work consists of turf establishment, striping and signing. • Streetlights — the contractor indicated they hope to have 90 —100% of the underground work and pole bases done by end of September; will place poles and lights in next couple weeks afterwards. • Walnut Street Boulevard improvements — concrete work almost completed; crosswalks were done last week; a small amount of work near the Liquor Store remains to be finished. • Balboul ponds — culvert under Prairie Rd is installed and seems to be draining the ponds south of Prairie Road to the north side as planned; finishing turf establishment. • CSAH 75 Pedestrian Underpass — installed box culvert about 2 weeks ago. Some minor additional grading was completed which prevented us from having to bury the ends of the underpass; should be able to keep it open over the winter. Still working on grants for pathway segments; will have to resubmit applications due to changes in the program by the State Legislature; grant awards will be announced in December. • Block 35 dumpster enclosure— work on the roof to be completed by staff as time allows. City Council Minutes — September 26, 2011 Page 2 CSAH 75 (Wright County project) — Wright County plans to begin paving this week for the road section that was realigned with the at -grade railroad crossing extending from the easterly Xcel plant entrance to the west. Following that, they will remove the old highway section from the Xcel plant entrance to West River Street and realign West River Street to the new segment. Glen Posusta asked if there were going to be any signals or signage at the grade railroad crossing. It was not known what would be placed at the crossing, but Jeff O'Neill noted that they would need to provide flagmen, if a train crosses at that site. TH 25 /CR 11/14 Intersection Improvements (Mn/DOT project) — Hwy 25 is down to one lane in each direction. Mn/DOT expects the work to be completed toward the end of October. They are now placing State troopers at Hwy 25 & CR 17 and Hwy 25 & CSAH 75 intersections to help with traffic control during evening rush hour from 3 — 6 pm. Brian Stumpf said he had heard that the traffic signal at 200`x' Street in Big Lake was temporary. Staff could not confirm that but the light appears to be permanent. 5. Consent Agenda: A. Consideration of approving payment of bills for September 26th. Recommendation: Approve payment of the bill registers for September 26`x' in the amount of $1,449,047.29. B. Consideration of approving new hires and departures for City departments. Recommendation: Ratify terminations for MCC and DMV. C. Consideration of adopting Resolution #2011 -88 to accept contribution from Tom Perrault for the General Fund. Recommendation: Adopt Resolution #2011 -88 accepting donation of $250 from Tom Perrault. D. Consideration of adopting Ordinance #537 establishing a Cable Franchise between the City of Monticello and Bridgewater Telephone Company, dba TDS Telecom, and consideration of adopting Ordinance #537A for summary publication. Recommendation: Adopt Ordinance #537 establishing a Cable Franchise between the City of Monticello and Bridgewater Telephone /TDS Telecom and adopt Ordinance #537A for summary publication. E. Consideration of adopting Resolution #2011 -89 ordering preparation of assessment roll and calling for an Assessment Hearing to adopt assessments for 2011 Street Reconstruction, City Project No. 11 C001. Recommendation: Adopt Resolution #2011 -89 ordering preparation of the assessment roll for the 2011 Street Reconstruction, City Project No. 11 C001, and calling for an Assessment Public Hearing on October 24, 2011 at 7 p.m. City Council Minutes — September 26, 2011 Page 3 F. Consideration of approving an application for an on -sale intoxicating liquor and Sunday liquor license for Capitan Pancho Villa Mexican Restaurant at 100 West 7 t Street. Recommendation: Approve application for on -sale intoxicating liquor and Sunday liquor license for IC Enterprises LLC, dba Capitan Pancho Villa Restaurant at 100 West 7`1' Street. G. Consideration of approving a waiver of the Building Plan Review Fee for Suburban Manufacturing in accordance with the Business Expansion Incentive Pilot Program. Recommendation: Approve waiving $5,000 of the building plan review fee for Suburban Manufacturing under the Business Expansion Incentive Pilot Program. H. Consideration of adopting Resolution #2011 -90 approving final payment to Fuller Concrete and Masonry, LLC and accepting work on the second Common -Use Dumpster Enclosure in Block 35 Municipal Parking Lot, City Project No. I 00008. Recommendation: Adopt Resolution #2011 -90 accepting work on the 2nd Common Use Dumpster Enclosure in Block 35 Municipal Parking Lot, City Project No. 100008 and approve final payment of $4,277 to Fuller Concrete and Masonry, LLC, subject to receipt of final paperwork. I. Consideration of approving an amendment to Conditional Use Permit for Planned Unit Development for Lot 1, Block 2, Carcone Addition (103 Sandberg Road); Applicant: West Metro Auto Dealership. Recommendation: Approve amendment to CUP for Planned Unit Development for Lot 1, Block 2, Carcone Addition for West Metro Auto Dealership, subject to the following conditions. • The proposed car wash shall be for the private use of West Metro Auto Dealership and shall not be made available for the use of the general public without approval of a new amendment to the Planned Unit Development. • The entire area shall have a drainage system which is subject to the approval of the Community Development Department. • All lighting shall be in compliance with Section 4.4 of the Monticello Zoning Ordinance. • Intermittent sounds produced by car wash operation such as the sound of a vacuum, dryer system, or warning signal shall not be audible to adjoining residential. Consideration of approving a plat correction for Morning Glory Addition. Recommendation: Approve the plat correction for Morning Glory Addition by renumbering the lots to match the legal descriptions. (A resolution will be presented at the October 10`x' Council meeting.) K. Consideration of adopting Resolution #2011 -93 approving conveyance of land and business subsidy agreement between the City of Monticello Economic Development Authority and M & B on Chelsea, LLC, for Lot 1, Block 1, Otter Creek Crossing 4"' Addition (TIF District 1 -39). Recommendation: Adopt Resolution #2011 -93 approving conveyance of Lot 1, Block 1, Otter Creek City Council Minutes — September 26, 2011 Page 4 Crossing 4th Addition and approve the business subsidy agreement between the City of Monticello Economic Development Authority and M & B on Chelsea, LLC related to TIF District 1 -39 (Suburban Manufacturing). BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE ADDITION OF 5K. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. 6. Consideration of items removed from the consent agenda for discussion No items were removed from the consent agenda. 7. Public Hearing — Consideration of cancelling a public hearing amending the budget plan for Tax Increment Financing District No. 1 -5 Megan Barnett - Livgard explained that the original intent of the hearing was to amend the financing plan for TIF District 1 -5. The notice was not published correctly; therefore it is recommended to cancel. Clint Herbst asked about continuing the public hearing and Megan Barnett - Livgard explained that it has not yet been determined when this would need to come to Council. LLOYD HILGART MOVED FOR ALTERNATIVE #1 TO CANCEL THE PUBLIC HEARING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 8. Consideration of adopting Resolution #2011 -91 approving sale of G.O. Refunding Bonds, Series 2011A Tom Kelly summarized the process for the bond sale which took place this morning on September 26th. He explained the results of the ratings call with Moody's on September 19t' and noted copies of the report were handed out for the Council members. Todd Hagen from Ehlers presented the results of the bond sale. They took bids up to 10 a.m. this morning and received 9 bids. He explained this bond issue is an advance refunding bond which will be used to pay off the 2005A bonds when they are callable in February, 2014. The low bid was 1.5909% ranging up to a high of 2.2294 %. The bond issue was adjusted to $10,036,910.40 from the original proposal of $11,005,000. The winning bidder is BAIRD of Red Bank, New Jersey. They offered a premitun to the City of approximately $300,000, which benefits the City in addition to the anticipated interest savings. The actual bond amount for Series 2011A totals $10,735,000. The total savings to be realized by the City will be $598,000 over 10 years starting in 2014. GLEN POSUSTA MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2011 -91 APPROVING THE SALE OF $10,735,000 G.O. REFUNDING BONDS, SERIES 2011A. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. City Council Minutes — September 26, 2011 Page 5 9. Consideration of adopting Resolution #2011 -92 amending the Monticello Applicant: Riverwood Bank Angela Schumann explained the purpose of this request is for an amendment to the Comprehensive Plan and a rezone of Lot 1, Block 1, Monticello Commerce Center 5`h Addition from I -1 to B -4. She reviewed the reasons for the request and presented the analysis of the Comp Plan amendment criteria and Zoning amendment criteria. The Planning Commission reviewed this request and passed a recommendation for Council approval on this request, with one dissenting vote. Lloyd Hilgart asked if there was any use proposed that fit the definition for the I -1 zoning. Angela Schumann explained that office /professional uses would be allowed in I- 1, such as the Crisis Nursery that is located there now. Lloyd Hilgart wanted to know if there were any light manufacturing uses currently. Angela said she would defer to the applicant's representative whether anything fits the strict definition of light manufacturing. Lloyd explained that he did not have a problem with that; he was curious why the property was not rezoned at the time it was built. Angela explained that the contractor originally envisioned some other uses which are no longer in place. LLOYD HILGART MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2011 -92 AMENDING THE COMPREHENSIVE PLAN DESIGNATION OF FUTURE LAND USE FOR THE SUBJECT PARCEL FROM "PLACES TO WORK" TO "PLACES TO SHOP" AND REZONING THE PROPERTY FROM I -1 (LIGHT INDUSTRIAL) TO B -4 (REGIONAL BUSINESS) BASED ON THE FOLLOWING FINDINGS OF FACT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. (a) The amendment and rezoning address the need resulting from a trend toward commercial land uses in the area arising since the adoption of the Comprehensive Plan; (b) The proposed amendment and rezoning accommodate commercial uses which are compatible with existing and proposed commercial uses surrounding the subject property; the proposed design and land use is appropriate for the land with adequate parking, green space, and expansion area for similar land uses; and the proposed amendment will maintain or improve compatibility among nearby existing and planned commercial uses and ensure efficient development within the City; (c) The proposed amendment and rezoning to a commercial land use designation and zoning is consistent with the guiding principles of the Comprehensive Plan; (d) The amendment and rezoning to a commercial land use designation and zoning will result in a logical, orderly and predictable development pattern; and (e) The proposed amendment and rezoning to a commercial land use designation and zoning with the purpose of the Monticello Zoning ordinance. City Council Minutes — September 26, 2011 Page 6 10. Consideration of reimbursing property owner at 102 Cedar Street for retaining wall materials, City Project No. 11CO01 Bruce Westby explained that as a part of the 2011 Street Reconstruction project, a sidewalk was placed along the east side of Cedar Street between Broadway and River streets. The property at the southeast corner of Cedar and East River Street is the property of concern in this item. Bruce Westby showed a picture of the property prior to the beginning of the project showing existing landscaping along Cedar Street, with a large portion within the city right -of -way. He then showed a picture showing the landscaping after the sidewalk was completed, which showed the landscaping with a newly- placed retaining wall immediately adjacent to the new sidewalk. It was noted that the wall and landscaping now encroach even further into the City right -of -way, and that the wall was not necessary to allow a maintainable slope to be constructed between the back of the sidewalk and the existing landscaping. During the process of the preparation work, and before the sidewalk concrete was poured, the property owner inquired about placing a retaining wall behind the sidewalk in the city right -of -way. The City took a look and indicated that should be possible. The next time the City reviewed the site, the property owner had already placed the retaining wall without getting a permit or contacting the City to discuss their work within the right -of- way. The City then had to pour the concrete sidewalk in the original planned location as the ready mix company was on site to do the work. The concern of the City is with snow removal and maintenance of the sidewalk and retaining wall, and lack of a permit to construct within the right -of -way. Dave Stromberg, property owner at 102 Cedar Street, spoke briefly and explained that he preferred a retaining wall rather than sodding or seeding, and that is why he requested that he be able to put in a retaining wall. He was not going to ask for reimbursement as he considered it a lesson learned when he found out that he should have worked more closely with the City when he built the wall. Mr. Stromberg explained that Glen Posusta happened to stop by and they discussed the retaining wall. Glen Posusta said he would see if there would be any reimbursement for his materials being that the wall is on the city's right -o£- -way. Glen Posusta commented that he thinks the end result looks very nice and dresses the area up nicely. Mayor Herbst agreed. Tom Perrault commented that he understood the property owner was not looking for reimbursement and he is concerned about setting a precedent for the future. Brian Stumpf said he does not think it will set a precedent as he thinks this was more of a miscommunication with the property owner. GLEN POSUSTA MOVED FOR ALTERNATIVE #2 TO REIMBURSE THE PROPERTY OWNER UP TO $500 FOR MATERIALS TO CONSTRUCT THE LANDSCAPE RETAINING WALL AT 102 CEDAR STREET. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH TOM PERRAULT VOTING IN OPPOSITION. City Council Minutes — September 26, 2011 Page 7 Clint Herbst asked City Engineer Bruce Westby to work with the property owner to execute an agreement defining the property owner as the responsible party for maintenance and upkeep of the retaining wall. Bruce Westby confirmed that the property owner will submit receipts to substantiate the reimbursement in accordance with city audit requirements. Lloyd Hilgart asked about the sidewalk width and Bruce Westby explained that 6' is the standard width the city uses. Jeff O'Neill asked about the remaining landscaping for the boulevard created in the new cul -de -sac at that intersection. Bruce Westby noted that the property owner has planted some flowers into the boulevard and the City has added two old bridge railings. 11. Added items a) Walgreen's parking lot— Tom Perrault has heard comments from observers that drivers are exiting from the Walgreen's lot onto Broadway, which should not be allowed. Bruce Westby confirmed that entrance is a "right in" only. He will talk to the Sheriff's Department to check it out. b) City purchasing cards —Glen Posusta noted that the Green Sheet mentioned the city's plans to institute a purchasing card plan. He recognizes the need for a program like this. His concern was with the wording in the proposed employee signature form regarding misappropriation of funds. He would like to see this tightened up to "cause for dismissal" if anyone is found to have misappropriated funds. c) Junk Amnesty Day — Brian Stumpf would like to hear from city staff on the possibility of resurrecting Junk Amnesty Day. Bob Paschke reported that he has been researching various options but is still working on it. Brian Stunipf commented that the program can probably be scaled back and possibly utilize volunteers to help during the day. Bob Paschke explained they will be sending out a letter to organizations to see if there is interest in it. d) Local Board of Equalization training -Brian Stumpf reported that he attended the 4- hour LBAE training class at the County on September 15th, which will be good for four years. 12. Adiournment GLEN POSUSTA MOVED TO ADJOURN THE MEETING AT 8:03 P.M. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Catherine M. Shuman Approved: October 10, 2011 Attest:�1� CM istrator City Council Minutes — September 26, 2011 Page 8