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City Council Minutes 01-09-2012MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, January 9, 2012 — 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 p.m. and declared a quorum present. The Pledge of Allegiance was recited. 2A. Approval of Minutes — December 12, 2011 Special Meeting BRIAN STUMPF MOVED TO ACCEPT THE DECEMBER 12, 2011 SPECIAL MEETING MINUTES AS PRESENTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 4 -0. (Glen Posusta abstained from voting.) 2B. Approval of Minutes — December 12, 2011 Regular Meeting TOM PERRAULT MOVED TO ACCEPT THE DECEMBER 12, 2011 REGULAR MEETING MINUTES AS CORRECTED. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 4 -0. (Glen Posusta abstained from voting.) 2C. Approval of Minutes — December 22, 2011 Special Meeting GLEN POSUSTA MOVED TO ACCEPT THE DECEMBER 22, 2011 SPECIAL MEETING MINUTES AS PRESENTED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 3. Consideration of adding items to the agenda • Situation with drainage culvert at Olson Electric (Brian Stumpf) 4. Citizen comments, public service announcements, and staff updates a. Citizen Comments: None b. Public Service Announcements: 1) Frostbite Challenge (1/6 -8) — Kitty Baltos provided a recap of the 2 °d annual Frostbite Challenge held over the weekend. Congratulations to Wes Olson and the Chamber for another successful Frostbite Challenge. The NAIFC tournament was successful with many fish caught; Lions cleaned fish and donated to Monticello Foodshelff, Kids Fishing Clinic was down in numbers from first year, but went well. Pond Hockey Tournament was City Council Minutes — January 9, 2012 Page 1 a hit, held on a holding pond by Dahlheimer's Distributing. The Smoosh Racing Tournament had 5 teams competing and was a lot of fun. Glen Posusta complimented Wes Olson on his work on making this a successful event. Bob Paschke commented that it appears that the Pond Hockey and Smoosh Racing went very well at the site along Chelsea Road and will move there for coming years. C, Staff Updates: 1) Snowplowing Techniques — Tom Moores provided an update on snowplowing and also talked about tasks that the Streets Department completes when there are no snowfall events. Some of those tasks include: boulevard tree trimming (winter is the best time of the year to trim most trees); pond maintenance, mowing and inspections; facility maintenance and cleaning; equipment repair; and sign and streetlight inventory. Tom Perrault asked about the brine treatment that is applied to streets and was wondering how long the application lasts prior to a storm. Tom Moores indicated that it lasts approximately 12 hours prior to a storm. This is done to apply chemicals ahead of a storm as an anti -icing measure to make it easier to clear the snow. Jeff O'Neill asked if this reduces the amount of chemicals that would be applied during a storm. Tom Moores said that it does make a difference and does reduce the chemical applications. 5. Consent Agenda: A. Consideration of approving payment of bills for January 9th. Recommendation: Approve payment of the bill registers for January 9th totaling $481,960.83. B. Consideration of approving new hires and departures for City departments. Recommendation: Ratify new hires and terminations for MCC and FiberNet. C. Consideration of adopting Resolution #2012 -005 accepting contributions from Scott Gearey and Daryl Gilles for the Fire Department. Recommendation: Adopt Resolution #2012 -005 accepting donations of $200 from Scott Gearey and $100 from Daryl Gilles to be used for light bars on the Squad 5 vehicle. D. Consideration of adopting Resolution #2012 -006 approving the Post - Issuance Compliance Procedure and Policy for Tax - Exempt Governmental Bonds. Recommendation: Adopt Resolution #2012 -006 approving the Post - Issuance Compliance Procedure and Policy for tax - exempt governmental bonds. E. Consideration of approving a revised license for on -sale intoxicating liquor and Sunday liquor for TDDC, LLC dba The Station Bar and Grill at 512 Pine Street; Applicants: Debra Cox and Tara Thurber. Recommendation: Approve on -sale City Council Minutes —January 9, 2012 Page 2 intoxicating and Sunday liquor license for TDDC, LLC dba The Station Bar and Grill at 512 Pine Street effective through June 30, 2012, contingent on completion of background check by the Wright County Sheriff's Department. F. Consideration of adopting Ordinance #542 amending Title 3, Chapter 15 Pawn Shops and consideration of adopting Summary Ordinance #542A for publication. Recommendation: Adopt Ordinance #542 amending Title 3, Chapter 15 for Pawn Shops and adopt Summary Ordinance #542A for publication. G. Consideration of approving 2012 Wright County Annual Highway Maintenance agreement. Recommendation: Approve the 2012 Wright County Annual Highway Maintenance agreement with compensation set at $23,084.76. H. Consideration of approving Federal funding application for TH 25 /CSAH 75 Intersection Improvements. Recommendation: Approve submission of Federal funding application for TH 25 /CSAH 75 intersection improvements. I. Consideration adopting Resolution #2012 -007 approving Federal Transportation Enhancement funding application for Monticello Great River Trailways and Trailhead Improvements (CSAH 75 pathway). Recommendation: Adopt Resolution #2012 -007 authorizing submission of Federal Transportation Enhancement funding application for Monticello Great River Trailways and Trailhead improvements related to the CSAH 75 pathway. J. Consideration of adopting Resolution #2012 -008 approving a Simple Subdivision and Administrative Lot Combination in a B -4 (Regional Business) District for Lots 10, 18 and 19 of Auditor's Subdivision No. 1; Applicant: Mills Properties. Recommendation: Adopt Resolution #2012 -008 approving a Simple Subdivision and Lot Combination of Lots 10, 18, and 19 of Auditor's Subdivision No. 1 for Mills Fleet Farm final plat. K. Consideration of accepting quotes and awarding contract for improvements to ventilation equipment for Public Works Shop facility. Recommendation: Accept quotes and award contract to All -Ways Heating & Air Conditioning for improvements to ventilation equipment, including electric powered hose reel, in the amount of $10,315. L. Continued - Consideration of approving City Business Hours Schedule. Recommendation: Approve the City Business Hours schedule for 2012 as presented. M. Consideration of continuing this item to January 23, 2012 -- Consideration of approving an Amendment to Conditional Use Permit for Planned Unit Development as related to residential design standards for R -1 (Single - Family) District lots; Applicant: McCann, Steve /Sunset Ponds, LLC. Recommendation: Approve continuing this item to the January 23, 2012 Council Meeting. City Council Minutes — January 9, 2012 Page 3 N. Consideration of adopting Resolution #2012 -009 confirming partial vacation of utility easements on the southern boundary of Lot 8, Block 1, Meadow Oak 4 t Addition; Applicant: Edina Realty. Recommendation: Adopt Resolution #2012 -009 vacating the southerly 5 feet of utility easements of Lot 8, Block 1, Meadow Oak 4h Addition extending for a distance of 125.01 feet. O. Consideration of authorizing a revised final payment to Redstone Construction for the 2010 Street Reconstruction Improvements, City Project No. l 00001. Recommendation: Authorize revised final payment to Redstone Construction in the amount of $50,760.14 for the 2010 Street Reconstruction Improvements, City Project No. 1000O1. P. Consideration of adopting Resolution #2012 -010 accepting Improvements and authorizing Final Payment to Hardrives, Inc. for the NE Quadrant Improvements to State Highway 25, CSAhl 75, and East River Street, City Project No 100005. Recommendation: Adopt Resolution #2012 -010 accepting improvements and authorizing final payment to Hardrives, Inc. in the amount of $24,430.17 for the NE Quadrant Improvements to TH 25, CSAH 75 and East River Street, City Project No. 100005. Q. Consideration of approving a request for Conditional Use Permit for Co- location of a Wireless Telecommunication Service Antenna; Applicant: New Cingular Wireless PCS. Recommendation: Approve a Conditional Use Permit for co- location of a Wireless Telecommunication Service Antenna for New Cingular Wireless PCS. R. Consideration of adopting Ordinance #541 approving a request for Amendment to the Monticello Zoning Ordinance, Section 5.2 as related to Conditional Uses in the R -3 (Multiple Family Residential) District and Consideration of approving a request for Conditional Use Permit for a duplex residential use in an R -3 District; Applicant: Mary K Bondhus. Recommendation: Adopt Ordinance #541 amending Monticello Zoning Ordinance, Section 5.2 related to conditional uses in the R -3 (Multiple Family Residential) District, allowing conversion of single family residential dwellings to duplex dwellings, and approve a Conditional Use Permit for a duplex residential use in an R -3 District for Mary K. Bondhus, contingent on the following items. 1. City Officials approve the Zoning Ordinance Amendment making an allowance for the conversion of single family residential dwellings to duplex dwellings in the R -3 Zoning District by conditional use permit. 2. The floor area of the duplex dwelling complies with the minimum area requirements of Chapter S of the Zoning Ordinance (based upon the number of bedrooms provided). 3. Not less than two off-street parking spaces be provided per dwelling unit within an enclosed garage. Such garage shall measure not less than 400 square feet in size. City Council Minutes — January 9, 2012 Page 4 4. During the use of the property as a two-family structure under the CUP, no subdivision shall be permitted that would alter the use of the property. This restriction is not intended to restrict conveyances ofportions of the property forpublic use. 5. All driveways and required off - street parking spaces be surfaced with concrete, bituminous or approved equivalent. 6. Issues related to grading and drainage shall be subject to review and comment by the City Engineer. S. Consideration of approving a request for Conditional Use Permit for Cross Parking for a commercial use in a B -3 (Highway Business) District; Applicant: Ray Croaston/Landform. Recommendation: Approve a Conditional Use Permit for cross parking for a commercial use in a B -3 (Highway Business) District for Ray Croaston/Landform (McDonald's), contingent on the following items. 1. Access - related issues shall be subject to comment and recommendation by the City Engineer and MnDOT. 2. All easement related documents shall be subject to review and approval by the City Attorney 3. Exterior light fixture heights be reduced from 30 to 25 feet as required by Ordinance. Such fixtures shall be designed to direct light downward. 4. Issues related to grading and drainage shall be subject to review and comment by the City Engineer. 5. Issues related to site utilities shall be subject to review and approval by the City's Utility Department. Lloyd Hilgart had a question on the bill payment for Cintas First Aid & Safety regarding Liquor Store bathroom cleaning. Finance staff will bring back an explanation. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA. TOM PERRAULT 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. Consideration of adopting Resolution #2011 -011 approving the Embracing Downtown Plan and amendinp- the 2008 Monticello Comprehensive Plan accordingly Megan Barnett Livgard introduced this item and provided a presentation explaining the major components of the Embracing Downtown Plan incorporating market analysis, transportation, land use, financial analysis and implementation. In the process of developing the plan, the feasibility of downtown revisions were looked at in depth and the findings were incorporated in the plan design. Redevelopment objectives and implementation steps were identified. City Council Minutes — January 9, 2012 Page 5 Council is asked to adopt the resolution approving the Embracing Downtown Plan and amendment to the Monticello Comprehensive Plan. The Steering Committee, Planning Commission and EDA recommend this action. Clint Herbst noted that he had a chance to talk to Steve Johnson last week and appreciates that property owners are willing to put time and effort into this project. Glen Posusta stated that this is a big bold plan and may seem "scary" in its entirety. He would not support purchasing property unless the owner is a willing seller. He is willing to listen to any developers that are interested in coming in and improving the Monticello Downtown area, provided it can be done in a manner conducive to current owners. Brian Stumpf stated that he thinks this is a good effort toward improving the downtown area. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 ADOPTING RESOLUTION #2012 -011 APPROVING THE NOVEMBER 4, 2011 EMBRACING DOWNTOWN FINAL REPORT AND AMENDING THE 2008 MONTICELLO COMPREHENSIVE PLAN. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. Tom Perrault noted he is not real convinced on the river components but feels those can be addressed in the nature. 8. Consideration of funding a share and installing two signs for TH 25 commemorating Monticello High School Girls State AA Cross Country Championship; Applicant: Rob Seidenkranz Jeff O'Neill introduced this item by explaining the request from Rob Seidenkranz asking the City to purchase and display signs at the entrance to the City commemorating the state championship victory by the Monticello High School Girls AA Cross Country team. Mr. Seidenkranz spoke briefly noting that he had sent several letters out to Monticello organizations asking for donations toward the signs. He has not heard back at this time. Tom Perrault asked where the money would come from. It was suggested that it could be taken from the donation fund. GLEN POSUSTA MOVED FOR ALTERNATIVE #2 AUTHORIZING UP TO $300 FOR STAFF TO PURCHASE TWO SIGNS WITH THE MESSAGE "2011 GIRLS STATE AA CROSS COUNTRY CHAMPIONS" AND INSTALL THEM UNDER THE CITY LIMIT /POPULATION SIGNS ON T.H. 25. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 9. Consideration of approving appointments and designations for 2012 Clint Herbst asked council members to indicate whether they would want to make any changes in their appointments. Tom Perrault indicated that he would stay involved in the EDA but would like to look at the EDA committee. City Council Minutes — January 9, 2012 Page 6 Brian Stumpf commented that he is not satisfied with the current set up of the EDA as another level of government that has to go through the City Council before taking action. He would like to have a workshop held in the near future to discuss the role of the EDA and the value and benefits of merging the EDA into the City Council. He also noted that he was not comfortable with re- appointing Bruce Hamond at this time and would like to discuss that at the upcoming EDA meeting. There was some discussion about holding a workshop to discuss options for streamlining the EDA. Jeff O'Neill noted that a similar discussion to have the Council operate as the EDA was discussed at the time the EDA and HRA were merged. At that time, it was felt that it was good to have an independent board. BRIAN STUMPF MOVED TO CONFIRM APPOINTMENTS AND DESIGNATIONS AS RECOMMENDED WITH THE TABLING OF THE APPOINTMENT OF BRUCE HAMOND PENDING FURTHER DISCUSSION, AND CALL FOR A WORKSHOP PRIOR TO THE NEXT COUNCIL MEETING TO DISCUSS OPTIONS FOR MERGING EDA AND CITY COUNCIL. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. 10. Consideration of adjusting City salary schedules for non -union employees for 2012 Jeff O'Neill summarized this item and noted that Council is being asked to consider adjusting the salary schedule in some manner. He noted there are a number of potential reasons that Council may wish to deny any increases but felt there are also reasons to justify granting some increase. He emphasized that step increases are not automatically granted; rather employees must show advancement in skill and ability. Brian Stumpf commented on several points and feels that it is a difficult time to grant increases. He feels that it is a positive that no staff cuts have been made up to this point in time given the economic conditions. TOM PERRAULT MOVED TO GRANT NO COLA INCREASES FOR CITY SALARY SCHEDULES FOR 2012. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH LLOYD HILGART VOTING IN OPPOSITION. Lloyd Hilgart stated that he feels there are good reasons to make some kind of salary adjustment to sustain employee morale. He has found this is valuable with his own employees. TOM PERRAULT MOVED TO GRANT A HALF STEP INCREASE FOR EMPLOYEES ENTITLED TO AN INCREASE IN 2012. MOTION FAILED FOR LACK OF A SECOND. Clint Herbst said that he was not in favor of a half step increase and does not feel that the public would be receptive to any increases. City Council Minutes — January 9, 2012 Page 7 GLEN POSUSTA MOVED TO GRANT NO STEP INCREASES FOR 2012. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH TOM PERRAULT VOTING IN OPPOSITION. 11. Consideration of participating in and funding a share of costs related to Public Utility Commission Hearings pertaining to maintenance and establishment of the Nuclear Facility Decomnussioning Fund Jeff O'Neill explained the reasons for the request for the City to participate in the upcoming Public Utility Commission (PUC) proceedings regarding establishment and maintenance of funds to support decommissioning of the Monticello and Redwing nuclear power plants. Jeff O'Neill pointed out the concerns of the City related to public safety, future land use, and land value impacts. Glen Posusta asked why the City would need to contribute funds toward legal expenses if there is already money being set aside in a decommissioning fund. Joe Sullivan, attorney with Flaherty & Hood, explained that there was legislation passed last year that requires accounting for the decommissioning funds. Participation by the host cities is asked in order to keep on top of these assessments and look out for their best interests. Mr. Sullivan explained that Xcel Energy is required to contribute to the fund based on estimated costs for future decommissioning. Federal law requires the contributions and the fund is protected from other uses. The participation by the host cities would fund the legal costs for attorneys that represent the cities and lobby on their behalf. Flaherty & Hood would be involved in the tri- annual assessments of the decommissioning fund, keep track of legislation related to nuclear energy, and advocate on behalf of the host cities. Clint Herbst commented that he looks at this as kind of an insurance policy to address future issues with removal of dry cask storage. Glen Posusta feels that this is out of the city's control and ultimately is subject to federal legislation. The federal government established Yucca Mountain as a waste storage repository and then later changed their mind eliminating that site as a repository. Clint Herbst is concerned about the decommissioning fund and possible changes to the assessments that would not favor the host cities. Clint Herbst feels that it is important for the city to have a voice to make sure we are heard and kept in consideration. Brian Stumpf said he is concerned whether this is a necessary investment and would the City see any results from the money they spend. Jeff O'Neill explained that the City should be involved at the state level to ensure there is a consolidated effort to address plans for decommissioning and removal of dry casks at some future point in time. Council questioned the term of the contract which only covers this year; however, the PUC process is a tri- annual review. Mr. Sullivan explained that the review comes before the PUC once every three years and the contract covers this year (2012) when the review will take place. City Council Minutes — January 9, 2012 Page 8 Tom Perrault questioned where the funds would come from and why this item was not included in the 2012 budget process. Jeff O'Neill noted that he was not aware of this item at the time the budget process took place. CLINT HERBST MOVED FOR ALTERNATIVE #1 TO AUTHORIZE FLAHERTY & HOOD TO REPRESENT THE CITY OF MONTICELLO IN PUC PROCEEDINGS RELATED TO THE NUCLEAR FACILITY DECOMMISSIONING FUND AT A COST NOT TO EXCEED $20,000. LLOYD HILGART SECONDED THE MOTION. MOTION FAILED 2 -3 WITH GLEN POSUSTA, BRIAN STUMPF, AND TOM PERRAULT VOTING IN OPPOSITION. 12. Added items a) Culvert at Olson & Sons Electric - Bruce Westby commented on the culvert under Marvin Road in the vicinity of Olson Electric. The ditch system is not working correctly and the water runs across the business driveway. Bruce Westby and Tom Bose have been looking at the situation to come up with a remedy. It is planned to work on the ditch and culvert in the spring. b) Jeff O'Neill noted that he will continue to monitor the status of the PUC hearing process and keep Council updated. Clint Herbst added that he thinks it is important for the City to be involved in the legislative process in order to be heard on issues relative to the City. 13. Adjournment TOM PERRAULT MOVED TO ADJOURN THE MEETING AT 8:35 P.M. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Catherine M. Shuman 6K11- Approved: January 23, 2012 Attest: r� C' strator City Council Minutes — January 9, 2012 Page 9