City Council Minutes 01-23-2012MINUTES
REGULAR MEETING — MONTICELLO CITY COUNCIL
Monday, January 23, 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 7:00 p.m. and declared a quorum present.
The Pledge of Allegiance was recited.
2A. Approval of Minutes — January 9, 2012 Special Meeting
GLEN POSUSTA MOVED TO ACCEPT THE JANUARY 9, 2012 SPECIAL
MEETING MINUTES AS PRESENTED. TOM PERRAULT SECONDED THE
MOTION. MOTION CARRIED 5 -0.
213. Approval of Minutes — January 9, 2012 Regular Meeting
TOM PERRAULT MOVED TO ACCEPT THE JANUARY 9, 2012 REGULAR
MEETING MINUTES AS CORRECTED. LLOYD HILGART SECONDED THE
MOTION. MOTION CARRIED 5 -0.
3. Consideration of adding items to the agenda
• Ford site (Glen Posusta)
4. Citizen comments, public service announcements, and staff updates
a. Citizen Comments: None
b. Public Service Announcements:
1) Recognition of Betty Chatfield (city transit driver) — Jeff O'Neill
introduced Betty Chatfield, bus driver for 23 years in the city with
Heartland Express and River Rider. He commented on how well -liked she
has been, her fabulous smile, and how she will be missed. Angela
Schumann also noted that there is a party for Betty on February 8 from 2 -4
p.m. at the Senior Center.
2) Friends of Bertram open house (2/11) - Angela Schumann welcomed all
community members to come to the Monticello Community Center on
February 11 from 10 a.m. to noon to learn more about what is happening
at the 500 acre regional Bertram Chain of Lances park. Join the Friends for
cookies and coffee.
City Council Minutes — January 23, 2012 Page 1
C. Staff Updates:
1) Monticello Community Center report — Kitty Baltos provided a review of
the year 2011 and a preview of 2012. In 2011, facility users numbered
over 190,000. The MCC has 7 full -time and over 75 part-time employees,
many of whom work in more than one area and with outside activities
such as Movies in the Park and ballfield concessions.
This year the Warehouse was remodeled to accomodate group fitness
classes. New programming includes unlimited fitness classes which can
be added to membership; 85 members have signed up already. Monticello
Community Center is a popular place for rentals with 32 weddings and a
number of other large events. Some fitness equipment was replaced, a
personal trainer (contract employee) was added, and unlimited childcare
can be included in your membership for a fee. Friendship Island had its
most popular year. Community Garden was successful and will start
registration in February. MCC now takes care of the park rental
reservations.
Membership stats: 43% resident; 46% non - resident; remainder is
corporate, group homes and miscellaneous. The walking track is
extremely popular — averages 16,000 users a year (based on those that sign
in). MCC also manages open skate and leagues at Moose Sherritt Arena.
Community events are also part of the MCC programming, such as
Bertram Family Fun Day, Halloween Kiddie Parade, Home for the
Holidays, National Night Out, and softball leagues.
2012 Preview - Kitty announced the following plans for this year:
• Natatorium improvements and fitness area expansion
• 24 weddings booked so far
• Movies in the Park
• Canoe and kayak events at Bertram Chain of Lakes or on the
Mississippi River
• Farmer's Market
• Community Garden
• Public skate and Learn to Skate
• Birthday parties
• Leagues: hockey and softball
• Park reservations
5. Consent Agenda:
A. Consideration of approving payment of bills for January 23`x. THIS ITEM WAS
REMOVED FROM THE CONSENT AGENDA.
City Council Minutes — January 23, 2012 Page 2
B. Consideration of approving new hires and departures for City departments.
Recommendation: Ratify the hires and terminations for MCC and Liquor Store.
C. Consideration of adopting Resolution #2012 -012 accepting contribution from
Tom Perrault for the General Fund. Recommendation: Adopt Resolution
42012 -012 accepting donation of $250 from Tom Perrault to go to the General
Fund.
D. Consideration of accepting quotes and awarding contract for Monticello
Community Center lighting upgrades. THIS ITEM WAS REMOVED FROM
THE CONSENT AGENDA.
E. Consideration of ratifying the EDA recommendation to enter into a contract with
Jim McComb and Janna King for six months to begin implementing the approved
Embracing Downtown Plan. THIS ITEM WAS REMOVED FROM THE
CONSENT AGENDA.
F. Consideration of calling for a Public Hearing on February 27, 2012 to consider
amendments to the EDA bylaws and enabling documents. Recommendation:
Call for a public hearing to be held on February 27, 2012 to consider amendments
to the EDA bylaws and enabling documents.
GLEN POSUSTA MOVED TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEMS A, D AND E. TOM PERRAULT SECONDED THE MOTION.
MOTION CARRIED 5 -0.
6. Consideration of items removed from the consent a¢enda for discussion
5A. Consideration of approving paynaent of bills for January 23rd
Glen Posusta questioned the cost of oil changes paid to West Metro for FiberNet. Staff
will bring back an explanation of the charges.
GLEN POSUSTA MOVED TO APPROVE PAYMENT OF THE BILL REGISTERS
TOTALLING $905,114.44. LLOYD HILGART SECONDED THE MOTION.
MOTION CARRIED 5 -0.
5D. Consideration of accepting quotes and awarding contract for Monticello
Community Center lighting upgrades
Glen Posusta had questions on the specifications that the City required for the light
fixtures to include bulb guards and safety straps. The low bidder (Olson & Sons Electric)
did not include this wording in their quote so it appears they might not be in compliance
with the specs. Kitty Baltos stated that she thought Olson Electric did intend to include
that in their quote. Glen asked staff to follow up and make sure those parts would be
included in the work.
City Council Minutes — January 23, 2012 Page 3
GLEN POSUSTA MOVED TO ACCEPT THE QUOTES AND AWARD THE
CONTRACT FOR THE MCC LIGHTING TO OLSON & SONS ELECTRIC IN THE
AMOUNT OF $7,250 (BEFORE REBATE), CONTINGENT ON THEIR QUOTE
INCLUDING THE BULB GUARDS AND SAFETY STRAPS. LLOYD HILGART
SECONDED THE MOTION. MOTION CARRIED 5 -0.
5E. Consideration of ratifying the EDA recommendation to enter into a contract with
Jim McComb and Janna King for six months to begin implementing the approved
Embracing Downtown Plan
Glen Posusta expressed concerns about what would be included in the proposed contracts
for implementing the Embracing Downtown Plan and future ongoing costs. Megan
Barnett Livgard explained that the Embrace Downtown committee wants to keep the
momentum going on this project and the EDA supports this expenditure to start the
implementation. Glen Posusta stated that he has heard concerns from some downtown
businesses about this project and he doesn't see what this contract would accomplish.
Brian Stumpf pointed out that there is a 6 -month review built into the contract. Clint
Herbst suggested that the City has already put more than $200,000 into this project and
feels that there could be an investment from some other sources too. Glen Posusta
expressed concern over how much more the City would be asked to continue putting into
this project for planning and consulting.
Jeff O'Neill talked about some of the goals to be accomplished with this implementation
plan. Glen Posusta feels that this might not be the best time to implement the plan with
the economic conditions; he was concerned that the money might be spent and nothing
realized from the effort. Brian Stumpf stated that the EDA had discussed the amount of
the investment and they were concerned also about the amount. However, the consensus
of the EDA was to approve the contracts for a 6 -month period given the momentum that
has been developed so far. At the end of 6 months, the EDA will be reviewing the
progress.
Lloyd Hilgart stated that he feels the amount spent on the plan was staggering, but should
go ahead with implementation being that there is already a large investment made. If
nothing comes out of the implementation after 6 months, then he thinks the City should
not put more money into it. Tom Perrault stated that he would vote for the plan but with
some apprehension on the inconsistent dating of the contracts. Megan Barnett Livgard
assured him that would be corrected.
BRIAN STUMPF MOVED TO RATIFY THE EDA RECOMMENDATION TO
ENTER INTO A CONTRACT WITH JIM MCCOMB AND JANNA ICING TO BEGIN
IMPLEMENTATION OF THE EMBRACING DOWNTOWN PLAN WITH A STATUS
REVIEW AT SIX MONTHS. LLOYD HILGART SECONDED THE MOTION.
MOTION CARRIED 4 -1 WITH GLEN POSUSTA VOTING IN OPPOSITION.
City Council Minutes — January 23, 2012 Page 4
Consideration of adopting Resolution #2012 -013 accepting bids and awarding
contract for Monticello Community Center Natatorium Improvements, City Protect
No. 11CO06
Kitty Baltos introduced Tyler Kavanaugh from Wold Architects to review the bid
process, and requested Council to award a contract to Ebert Construction for the base bid
plus all alternates. Mr. Kavanaugh noted that there were 9 bids received and Ebert
Construction was the low bidder. Wold has worked with Ebert Construction before and
found them to be very competent.
Glen Posusta pointed out that a number of bids came in less than the estimate, which he
felt was a good sign. Glen Posusta also noted that the City was put on notice from union
leadership because Ebert Construction is a non -union shop.
GLEN POSUSTA MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION
#2012 -013 ACCEPTING BIDS AND AWARDING A CONTRACT TO EBERT
CONSTRUCTION IN THE AMOUNT OF $1,283,300 FOR THE MONTICELLO
COMMUNITY CENTER NATATORIUM IMPROVEMENTS AND 4 ALTERNATES
AS LISTED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5-
0.
• Alternative No. 1: Frame Replacement /FRP Doors ($19,700)
• Alternative No. 2: Fitness Expansion West ($30,200)
• Alternative No. 3: Fitness Expansion East ($29,700)
• Alternative No. 4: Web -Based Pool Controls ($8,900)
8. Consideration of adopting Ordinance #543 establishing a new ordinance under Title
3, Chapter 12 regulating Lawful Gambling and adopting Summary Ordinance
#543A for publication
Jeff O'Neill explained that Council held a workshop prior to the January 9th Council
meeting to discuss drafting a new gambling ordinance after it was found that the existing
ordinance had a sunset clause in it. During the discussion, Council consensus was to
limit gambling premises to 3 sites per organization. This would still allow businesses to
select the organizations that locate at their premises. Council also directed that the
ordinance should define a trade area, consisting of the City and contiguous townships, in
which at least 75% of lawful expenditures must be made within the trade area.
Lloyd Hilgart asked City Attorney what other cities do in terms of regulating gambling
sites. Joel Jamnik stated that the ordinance is very similar to many other cities in the
regulations although they may vary in the number of sites they allow (usually 3 -5) and
trade area percentages. Brian Stumpf asked if it was necessary for the City to actually
have a gambling ordinance in place. Joel Jamnik said that it is most common for a city to
adopt an ordinance regulating gambling in some manner. Otherwise, state statutes would
dictate gambling operations in the City.
City Council Minutes — January 23, 2012 Page 5
Clint Herbst stated that he had thought more about the discussion at the special meeting
and was wondering whether it would be more or less advantageous to limit the number of
gambling sites. He does feel it is helpful to establish a trade area to try and keep the
spending within the community. Glen Posusta stated that it seems like a good idea to
restrict the number of sites so that no one organization monopolizes the gambling in the
City. Lloyd Hilgart asked what would happen if another organization comes into town
and would like to sell pulltabs — would Council be asked to further restrict the number of
sites to allow another group that wants to come into town? Clint Herbst explained that he
also has a concern that there could be potential issues down the road with limiting the
number of sites. Brian Stumpf asked if the Council feels that 75% is an adequate amount
for the trade area. Clint Herbst said he feels it is a good number
Torn Perrault asked about Section 3 -12 -15 Subd. 2 and wondered if the section reference
within that should be #14 rather than #16. Attorney Jamnik concurred with that and it
will be corrected. Tom Perrault wondered if gambling hours of operation was correct or
should it be closed from 2 to 8 a.m. to match allowances for bar hours if they are
permitted until 2 a.m. Attorney Joel Jamnik commented that the City can keep the hours
closed from 1 to 8 a.m. or they can change it to allow closing at 2 a.m. in accordance with
hours of operation at the bar. Clint Herbst asked if there was someone from gambling
operations that could comment on the hours.
Jim Preusse, gambling manager for Monticello Youth Hockey Program, commented on
the hours for gambling. The rules of the State say that they cannot sell past their posted
hours. Mr. Preusse also commented on the proposed site limits of 3 premises. He does
not oppose a limit of 3 booth operations but would prefer that there not be a limit on the
number of bar operations. That way an organization could still ran occasional gambling
operations at a bar where they do not have a booth operation under a premises permit.
LLOYD HILGART MOVED FOR ALTERNATIVE #1 TO ADOPT ORDINANCE
#543 BUT REMOVE A LIMIT ON NUMBER OF SITES AND CHANGE HOURS TO
ALLOW OPERATIONS FROM SAM TO 2AM DEPENDING ON THE BAR HOURS.
CLINT HERBST SECONDED THE MOTION. MOTION CARRIED 3 -2 WITH
BRIAN STUMPF AND GLEN POSUSTA VOTING IN OPPOSITION.
Brian Stumpf prefers to limit the number of sites. Tom Perrault is okay either way on
limiting sites or not. He also verified the trade area definition as Monticello City and
townships of Becker, Big Lake and Monticello.
TOM PERRAULT MOVED TO ADOPT SUMMARY ORDINANCE #543A TO
ALLOW SUMMARY PUBLICATION OF ORDINANCE. LLOYD HILGART
SECONDED THE MOTION. MOTION CARRIED 5 -0.
9. Continued - 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
City Council Minutes — January 23, 2012 Page 6
Angela Schumann introduced this item and summarized the background leading to
tonight's request. This item was previously presented to Council and was tabled due to
concerns from some of the residents in the development. Alan Roessler from Paxmar
commented that he thought the meeting with the residents went well and he is willing to
abide by the conditions discussed at the meeting. Dan Moffitt, 9348 Giffort Court,
commented that the meeting went well and he is satisfied with the results of the meeting.
He did question what would happen if Paxmar did not build houses on all 5 lots and sold
the lots to another builder. Joel Jamnik stated that the PUD amendment would run with
the land and a new builder would be subject to these requirements, if approved. Mr.
Moffitt also asked about the recommendation of the building official to install an air
exchanger system rather than a traditional forced air furnace. Mr. Roessler stated that the
builder would prefer not to have an air exchanger system mandated. Building Official
Ron Hackenmueller noted that this would improve the value and longevity of the house,
but is not included in the building code or the conditions of the CUP amendment at this
time.
Lloyd Hilgart wanted to make sure that conditions specified an irrigation system, which
was verified. Tom Perrault asked about including shutters on all models; Alan Roessler
explained that this differentiates the models. Tom Perrault also asked about some of the
design standards. Rod Dragsten, Planning Commission Chair, explained how the
Planning Commission arrived at their decision. Although they preferred to have two -
story homes built on these lots, this amendment was a compromise at getting slightly
better quality homes on these lots.
BRIAN STUMPF MOVED FOR ALTERNATIVE 91 TO APPROVE AN
AMENDMENT TO CONDITIONAL USE PERMIT FOR PLANNED UNIT
DEVELOPENT AS RELATED TO RESIDENTIAL DESIGN STANDARDS FOR R -I
(SINGLE FAMILY) DISTRICT LOTS FOR SUNSET PONDS, SUBJECT TO THE
FOLLOWING CONDITIONS. LLOYD HILGART SECONDED THE MOTION.
MOTION CARRIED 5 -0.
a. Approval is limited to the five lots legally described as Lots 6, 10, Hand 14, Block 2,
and Lot 4, Block 3, Sunset Ponds.
b. Approval is limited to building and performance standard modifications as illustrated in
the "Hickory Standard ", "Hickory Deluxe" and "Hickory Premium" home plans as
provided by the applicant.
c. No homes on abutting properties may be constructed of the same home plan.
d. Concrete driveways required
e. Two trees required within 6 months of occupancy
f. Front yard sodding required; seeding allowed with irrigation system
g. Architectural shingles required
10. Consideration of approving a request for Amendment to Conditional Use Permit for
Planned Unit Development for a proposed parking lot expansion for an industrial
use in the Central Community District (CCD); Applicant: Cargill Kitchen Solutions
City Council Minutes — January 23, 2012 Page 7
Steve Grittman (NAC) provided an explanation of this request for amending the CUP for
Cargill Kitchen Solutions to expand their parking. Steve Grittman described the
proposed parking site which would contain angled parking, the landscaping proposed on
the site adjacent to the house, and the lighting plan.
Clint Herbst asked about the potential for vacating Linn Street and allowing Cargill
employees to park in that area. Kurt Zweibel from Cargill stated they had looked at that
but there is a need to keep enough allowance for trucks entering and leaving the property
to the east. Glen Posusta asked if it would be possible to move the parking lot to the east
and further from the house to the west. Steve Grittman explained that they wish to leave
a setback for future needs if and when Linn Street would be vacated.
Glen Posusta asked about the number and height of light poles. Steve Grittman explained
how the lights will be designed so the light is deflected into the parking lot and away
from the neighboring house.
Glen Posusta asked about the size of the trees at 36" or 48" and noted he would rather
have them at 5 or 6 feet. Kurt Zweibel noted that this was discussed at Planning
Commission and the height was lowered because Cargill is putting in a fence in addition
to the trees. Steve Grittman noted that the trees are arbor vitae which will create quite a
thick barrier in time.
LLOYD HILGART MOVED FOR ALTERNATIVE #1 TO APPROVE THE
AMENDMENT TO CONDITIONAL USE PERMIT FOR PLANNED UNIT
DEVELOPMENT FOR CARGILL KITCHEN SOLUTIONS, CONTINGENT ON THE
FOLLOWING CONDITIONS. TOM PERRAULT SECONDED THE MOTION.
MOTION CARRIED 5 -0.
1. City Officials find the proposed north, south and eastparking lot setbacks (all less than 6
feet) to be acceptable.
dead end di--i've aisle eondifiens. A Mi;g eeg�wk4, a desigiishniiiii, to that depieted upon
This condition has been met with the revised site plan provided.
This condition has been met with the revised site plan provided.
4. Landscaping is intensified along the western boundary with evergreen shrubs at least
36" to 48" in initial planting height.
5. No semi - trailer parking or outdoor storage shall be permitted to the proposed parking
area.
6 The applicant shall submit a revised photometric plan illustrating cut -off shields for the
proposed light standards, as well as a redaction in light standard height from 27' to 25'.
7. Issues related to grading and drainage shall be subject to review and comment by the
City Engineer.
8. Issues related to utilities shall be subject to review and comment by the City Utilities
Department.
City Council Minutes - January 23, 2012 Page 8
11. Consideration of allowing Fire Department command vehicle to be signed out to the
Duty Officer for emergency response on a 6 -month trial basis
Jeff O'Neill introduced this item by noting that the Fire Department received Council
approval several months ago to purchase a duty vehicle for emergency response. This
request is being brought to Council following a period of discussions on what should be
allowed in use of the duty vehicle by Fire Department officers. Jeff O'Neill explained
that there are a number of reasons for establishing a policy for use of the command
vehicle which would allow response by officers from their home or work which might be
located outside of city limits. Steve Joerg explained that there a variety of situations for
which the Fire Department gets called out. A number of these calls do not require a full
response, such as: elevator calls, carbon monoxide detectors, and false alarms. The Fire
Chief will work with the Sheriff s Dispatch Center to monitor and direct calls for
emergency response. They expect that this program would save the City money in
reducing the number of firefighters that respond on the first call out.
Tom Perrault wanted to make sure that the public was aware of this change and wondered
who they should contact if question. Steve Joerg said that he would welcome calls from
the public and would be glad to answer any questions.
GLEN POSUSTA MOVED FOR ALTERNATIVE #1 TO ALLOW THE FIRE
DEPARTMENT DUTY OFFICER TO TAKE THE COMMAND VEHICLE HOME OR
TO WORK FOR EMERGENCY RESPONSE ON A 6 -MONTH TRIAL BASIS TO BE
REVIEWED IN JULY OF 2012. BRIAN STUMPF SECONDED THE MOTION.
MOTION CARRIED 5 -0.
12. Added items
a) Ford Site Redevelopment —Glen Posusta asked Angela Schumann to update the
public on this item. Angela Schumann explained that the City has received plans for the
redevelopment of the Ford site but has not received a signed application and appropriate
fees or deposit. Angela Schumann also said that she has tried to reach the applicant but
has not received a response, so the project is on hold at this time. Glen Posusta also noted
that the land has not yet been sold yet. He wanted the public to tmderstand that the City
is still interested in working with the developer and the next steps are in their hands.
13. Adiournment
BRIAN STUMPF MOVED TO ADJOURN AT 8:45 P.M. GLEN POSUSTA
SECONDED THE MOTION. MOTION CARRIED 5 -0.
Recorder: Catherine M. Shuman
Approved: February 13, 2012
Attest:
y linistrator
City Council Minutes — January 23, 2012 Page 9