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City Council Minutes 02-27-2012MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, February 27, 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 7:03 p.m. and declared a quorum present. The Pledge of Allegiance was recited. 2A. Approval of Minutes — February 13, 2012 Special Meeting GLEN POSUSTA MOVED TO ACCEPT THE MINUTES OF THE FEBRUARY 13, 2012 SPECIAL MEETING AS PRESENTED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 2B. Approval of Minutes — February 13, 2012 Regular MeetinE BRIAN STUMPF MOVED TO ACCEPT THE MINUTES OF THE FEBRUARY 13, 2012 REGULAR MEETING AS PRESENTED. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 3. Consideration of adding items to the agenda • Legislative Conference (Jeff O'Neill) • Update on FiberNet Monticello (Jeff O'Neill) • Signs at Freeway Fields (Glen Posusta) 4. Citizen comments, public service announcements, and staff updates a. Citizen Comments: None b. Public Service Announcements: 1) Stuart & Arleen Hoglund Pathway— Angela Schumann introduced the origination of this pathway being named in honor of Stuart & Arleen Hoglund. The Hoglunds made contributions to the community over many years and the family approached the City about creating a memorial in their honor. It was decided they would adopt a section of pathway for a 5 year term and the Stuart & Arleen Hoglund Memorial Pathway was approved by the Parks Commission under their Parks and Trails Adoption program. The family will clean along the pathway and provide the signage. City Council Minutes — February 27, 2012 Page 1 2) Swan Cam — Angela Schumann displayed the FiberNet website where the Swan Cain can be accessed to view the swans. The Swan Cam went live recently and is also available through links on the City and Chamber websites. She noted that the contributors are listed on the website. Clint Herbst noted that the live feed is also being shown on FiberNet channels 6, 14, and 19. e. Staff Updates: 1) Economic Development Annual Re>l ort Megan Barnett Livgard showed a presentation of Business Development that has taken place over the past year including Belde Chiropractic, NAPA, DLLK (Mielke), Suburban Manufacturing, Monticello Big Lake Pet Hospital, and Aroplax. A new TIF district has been created for Suburban. Economic Development is very active in responding to inquiries from DEED and is a certified "Shovel Ready" site. The BR &E Program is moving along well with various activities taking place such as: 60 businesses interviewed, approval of a City Transportation Plan, enhanced business communications, and much more. Megan Barnett Livgard talked about the Industry of the Year event and noted the businesses selected for 2010 and 2011 — Electro Industries and Aroplax Corporation. Megan Barnett Livgard talked about various marketing efforts that she has initiated. Redevelopment is taking place through the new Embracing Downtown project and purchase of blighted property. Megan Barnett Livgard also talked about some of the administrative accomplishments in her area: obtained Economic Development Finance Professional certification, TIF Management Plan and analysis was completed, and a records retention project was completed for 38 TIF districts. Megan Barnett Livgard pointed out some of the initiatives for 2012: • Embracing Downtown • BR &E • Transportation • School District & IEDC workforce initiatives • Wetlands delineation in industrial park • Branding & image project 5. Consent Agenda: A. Consideration of approving payment of bills for February 27th. Recommendation: Approve payment of the bill registers for February 27`h in the amount of $480,853.37. B. Consideration of approving new lures and departures for City departments. Recommendation: Ratify new hires for FiberNet. City Council Minutes — February 27, 2012 Page 2 C. Consideration of adopting Resolution #2012 -019 accepting contribution from Tom Perrault for the General Fund. Recommendation: Adopt Resolution #2012 -019 accepting donation of $250 from Tom Perrault for the General Fund. D. Consideration of approving an application for a temporary charitable gambling permit for a raffle conducted by Wright County Ducks Unlimited. Recommendation: Approve application for a temporary gambling permit for a raffle to be conducted by Wright County Ducks Unlimited on May 7, 2012 at River City Extreme. E. Consideration of waiving statutory liability limits for City insurance renewals. Recommendation: Deny waiving the monetary lilnits on tort liability established by Minnesota Statute 466.04. F. Consideration of accepting quotes and awarding contract for Riverfest fireworks display. Recommendation: Accept quotes and award a three -year contract for the Riverfest fireworks display to RES Specialty Pyrotechnics at a total cost of $24,000 including the bonus for the City. G. Consideration of adopting Ordinance 9544 to approve rezoning from R -1 (Single - Family Residential) to I -1 (Light Industrial) for 1400 East Broadway. Applicant: City of Monticello. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. H. Consideration of approving Farm Maintenance Agreement for farmland in Bertram Chain of Lakes Regional Park, THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. I. Consideration of ratifying the Monticello EDA's approval authorizing an extended contract with Wilson Development to continue to implement the Embracing Downtown Plan. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. Consideration of adopting Ordinance #548 approving the City's 2012 Official Zoning Map. Recommendation: Adopt Ordinance #548 approving the City of Monticello 2012 Official Zoning Map with the following rezoning actions included: • Rezoning from I -1 (Light Industrial) to B -2 (Neighborhood Business) for 101 Chelsea Road — Ordinance #531 • Rezoning from I -1 (Light Industrial) to B -4 (Regional Business) for 102 Thomas Park Drive — Ordinance #534 • Rezoning from I -1 (Light Industrial) to B -4 (Regional Business) for 9766 Fallon Avenue — Resolution 2011 -092, completed with Comprehensive Plan Amendment • Rezoning from R -1 (Single - Family Residential) to I -1 (Light Industrial) for City Council Minutes — February 27, 2012 Page 3 1400 East Broadway (155- 011- 000031 & 155- 011- 000130) — Ordinance #544 K. Consideration of adopting Ordinance #549 amending City Ordinance Title 8, Chapter 2 — Utility Excavations and adopting Summary Ordinance #549A for publication. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. L. Consideration of accepting preliminary 4«' Quarter Financial Report for the City. Recommendation: Accept the preliminary 4 1 Quarter Financial Report for 2011. M. Consideration of modifying City Cell Phone Policy for cost savings and information security purposes for communication devices. Recommendation: Approve amending the city's Cell Phone Policy as proposed and in accordance with the proposed service levels. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS G, H, I, AND K. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 6. Consideration of items removed from the consent agenda for discussion 5G. Consideration of adopting Ordinance #544 to approve rezoning from R -1 (Single - Family Residential) to I - -1 (Light Industrial) for 1400 East Broadway. Applicant: City of Monticello Tom Perrault had a question on the date for the Planning Commission resolution included with the supporting data. Angela Schumann confinned the date and will make sure it is correct on the signed copy. TOM PERRAULT MOVED TO ADOPT ORDINANCE #544 APPROVING REZONING FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO I -1 (LIGHT INDUSTRIAL) FOR PORTIONS OF LOT 3, 6 AND 13 OF AUDITORS SUBDIVISION NO. 1 (OWNER: BONDHUS MANUFACTURING). LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 511. Consideration of approving Farm Maintenance Agreement for farmland in Bertram Chain of Lakes Regional Park Tom Perrault wanted to know what was important about the Oak Savannah provision. Angela Schumann explained the interest in restoring a section of the Bertram Chain of Lakes Park to oak savannah which was the original use of that land. Cargill is interested in investing in the parkland and this seemed a natural fit for their dedication to environmental and ecological issues. Glen Posusta asked if this would be impacted by Oak Wilt disease and encouraged Angela Schumann to investigate this further. City Council Minutes — February 27, 2012 Page 4 Tom Perrault asked how much area would be taken up with tree planting and Angela Schurnann confirmed it would be the entire area of the farmland. LLOYD HILGART MOVED TO APPROVE THE FARM MAINTENANCE AGREEMENT WITH MARK HOLKER FOR THE YEAR 2012 CONSISTING OF 29.6 ACRES IN BERTRAM CHAIN OF LAKES REGIONAL PARK. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH TOM PERRAULT VOTING IN OPPOSITION. 51. Consideration of ratifying the Monticello EDA Is approval authorizing an extended contract with Wilson Development to continue to implement the Embracing Downtown Plan Glen Posusta pulled this item as he is concerned about the costs involved with this entire project. Clint Herbst stated that he had talked to Dan Wilson at length today and he noted that it is probably important to work with someone with his type of expertise. The rate would be about the same as working with the City Attorney, but the City would gain the expertise of Wilson Development in handling the relocation negotiations. Megan Barnett Livgard noted that the proposal shows the estimated costs but the negotiations performed by Mr. Wilson would be based on an hourly rate. GLEN POSUSTA MOVED TO RATIFY THE EDA AUTHORIZATION OF A CONTRACT WITH WILSON DEVELOPMENT AT A NOT TO EXCEED AMOUNT OF $60,000 FOR REDEVELOPMENT WORK WITH THE EMBRACING DOWNTOWN PLAN. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 5K Consideration of adopting Ordinance #549 amending City Ordinance Title 8, Chapter 2 — Utility Excavations and adopting Summary Ordinance #549A for publication Tom Perrault noted several language adjustments that he would like to see incorporated: • Definition of Permittee to include "any person or company" • Under 8 -2 -11, add language for automobile and worker comp insurance requirements Tom had discussed this with Bob Paschke before the meeting. Bob Paschke stated that he agreed with the changes and they have been incorporated into the ordinance to be signed. TOM PERRAULT MOVED TO ADOPT ORDINANCE #549 AMENDING TITLE 8, CHAPTER 2 - UTILITY EXCAVATIONS WITH THE WORDING CHANGES AS PROPOSED AND TO ADOPT SUMMARY ORDINANCE #549A FOR PUBLICATION. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. City Council Minutes — February 27, 2012 Page 5 Public Hearing — Consideration of adopting Resolution #2012 -020 vacating a Lane); Applicant: Matt Formato Angela Schumann introduced this item with an explanation of the history leading up to the request for Council this evening. She noted that the Council action in 1996 did not vacate the correct drainage and utility easement portion and the action tonight would correct that. The new property owners submitted a petition for vacation of a portion of the easement which legally allows the home to extend into the easement area. Angela Schumann displayed an aerial of the property and showed the easement area under consideration. She also noted that, during the review of the case, staff found that a fence was located in the right -of -way. An encroachment license agreement has been drawn up and is also included in this Council action. The City Engineer has confirmed that the Meadow Lane ROW will not be used for street construction and the encroachment license allows the fence to be located in the ROW with a stipulation that the owner would be responsible for removal if it should ever conflict with use of the ROW. Staff is recommending approval contingent on the owners providing a revised Certificate of Stuvey illustrating the vacation configuration and provision of a proper legal description of the area to be vacated. Mayor Herbst opened the public hearing. As there were no comments, the public hearing was closed. Glen Posusta asked why this wasn't fixed earlier. Angela Schumann explained that the action taken by Council in 1996 did not include a resolution and the recommended action was changed by Council resulting in an incorrect description of the easement. This action will define the correct easement area and formalize it by resolution. CLINT HERBST MOVED TO ADOPT RESOLUTION #2012 -020 VACATING THE 12 FT DRAINAGE AND UTILITY EASEMENT RUNNING ALONG THE SOUTHERN BOUNDARY OF LOT 8, BLOCK 1, MEADOW OAK 4TH ADDITION, EXCEPT THE 6 FT PORTION ALONG THE WEST PROPERTY LINE AND THE 12 FT PORTION LYING ALONG THE EAST PROPERTY LINE, AND APPROVE THE ENCROACHMENT LICENSE AGREEMENT; SUBJECT TO THE FOLLOWING CONDITIONS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. • Property owner shall provide a revised Certificate of Survey showing the reestablishment of drainage and utility easements; and • Property owner shall provide a complete and accurate legal description of the drainage and utility easement area to be vacated; and • Property owner shall be responsible for removing the fence from the right -of -way should the fence ever conflict with the use of the right -of -way. City Council Minutes — February 27, 2012 Page 6 8. Public Hearing - Consideration of adopting Resolution #2012 -021 amending and restating EDA Enabling Resolution No. 2008 -05 and adopting Ordinance #551 amending Title 2, Chapter 3 of City Code related to the Economic Development Authori Megan Barnett Livgard summarized the purpose of this public hearing to approve a change in the critera for membership on the EDA. Currently, the criteria calls for EDA members to be city residents or there can be a maximum of two non residents as long as they are a business and property owner. The new criteria proposed in the resolution states: "All of the members who are not members of the City Council must be either residents of the City, business - owners in the City, or property- owners in the City." In addition to the update to the Enabling Resolution, City Attorney Joel Jamnik recommends that Council adopt the amendment to the EDA ordinance which would reference the Enabling Resolution as the establishment and authority for the EDA. Mayor Herbst opened the public hearing. As there were no comments, the public hearing was closed. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2012 -021 AMENDING AND RESTATING EDA ENABLING RESOLUTION NO. 2008 -05 AND ADOPTING ORDINANCE #551 AMENDING TITLE 2, CHAPTER 3 OF CITY CODE — ECONOMIC DEVELOPMENT AUTHORITY. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH TOM PERRAULT VOTING IN OPPOSITION. Tom Perrault stated that he prefers that there be a requirement for the majority of representatives on the EDA to be a city resident. 9. Public Hearing — Consideration of adopting Ordinance #550 approving amendments to the 2012 Fee Schedule for escrow for land use applications and utility excavation permits, and approve Continuation of Public Hearing for further consideration of water and sewer rates Tom Kelly explained the purpose of this request which would amend the Fee Schedule to include a fee for utility excavation permits and adjust the escrow chart for residential land use applications. He also noted that he would like Council to continue the hearing for consideration of adjusting water and sewer rates for 2012 to the March 12th council meeting. Mayor Herbst opened the public hearing. As there were no comments, the public hearing was closed. GLEN POSUSTA MOVED FOR ALTERNATIVE #1 TO ADOPT ORDINANCE #551 APPROVING THE FOLLOWING AMENDMENTS TO THE 2012 FEE SCHEDULE AND CONTINUE THE PUBLIC HEARING TO MARCH 12, 2012 FOR FURTHER City Council Minutes — February 27, 2012 Page 7 CONSIDERATION OF WATER AND SEWER RATES. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. LAND USE_APPLICATI.ON PLAN REVIEW-ESCROW EXISTING ESCROW - RESIDENTIAL PROPOSED ESCROW - RESIDENTIAL 1 -5 units $1,000 1 unit $500 (single family) 6+ units $150 per unit 2+ units $1000 base +$100 per unit Utility Excavation Perntit Fee (water, wastewater, stormwater) - $SO (Bonding and Insurance required) 10. Consideration of calling for a Public Hearing for citizen input on the application for a DNR 2012 Outdoor Recreation grant Angela Schumann explained that the City is beginning work on a grant application for the next acquisition at Bertram Chain of Lakes. The grant application process requires holding a public hearing for citizen input on the grant to include the following information: • Project scope and type of activities • Implementation schedule • Overall cost and proposed funding • Cost to be assessed to community residents • Associated project costs BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO CALL FOR A PUBLIC HEARING ON MARCH 12, 2012 TO CONSIDER SUBMISSION OF A GRANT APPLICATION TO THE DNR 2012 OUTDOOR RECREATION GRANT PROGRAM. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. 11. Consideration of authorizing submission of application for DNR 2012 Local Trails and Regional Trails grant Angela Schumann explained that she and Bruce Westby have been working on a series of grants for local trails and trailhead on the west end of the City. Previously, Council approved submission of two grant applications and staff is now asking Council to approve submission for the 2012 round of DNR Local and Regional Trails grants. The City received word that the 2011 state and federal grant applications were very successful for the trail segments associated with the CSAH 75 area and pedestrian underpass. The City received confirmation of state match funding of 50% for trail segments 1 and 2 and for federal funding of 80% of the costs on segment 3 and the trailhead facility and 50% of the costs on segments 1, 2 and 4. Angela Schumann explained that the application for the 2012 DNR grant would include a resubmission for the remaining 20% of costs on segment 3 and a new submission for the City Council Minutes — February 27, 2012 Page 8 balance of funding on segment 4 (50 %) and the trailhead (20 %). If the City is awarded the funding, the only cost that the City would have is approximately $67,000 in indirect costs, which cannot be funded through these grants. Clint Herbst complimented staff on the work that was done to accomplish the award of these grants. LLOYD HILGART MOVED FOR ALTERNATIVE #1 TO AUTHORIZE APPLICATION FOR 2012 DNR LOCAL AND REGIONAL TRAIL GRANTS FOR THE CSAH 75 PATHWAY IMPROVEMENTS AS INDICATED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 12. Consideration of ratifying the Monticello EDA's motion authorizing City staff to create and publish a Request For Proposal (RFP) soliciting marketing consultants to initiate a City -wide Branding and Image Project Megan Barnett Livgard explained that the EDA has authorized creation of an RFP for soliciting marketing consultants to initiate a city -wide branding and image project. Megan Barnett Livgard explained the reasoning behind this project and the importance of a unified image for the City. She discussed examples of other cities that have a unified presence such as Eden Prairie, who consistently ranks very high as a "Best Place to Live" city; Faribault; Anoka; and Elk River. Megan Barnett Livgard noted that the IEDC discussed this topic at their February 7th meeting and felt that this concept should go to the EDA. The EDA discussed this at their February 81h meeting and authorized up to $30,000 for this initiative. Clint Herbst noted his concern with the initiative as the $30,000 is seed money and it will probably require more funding for this project. He is not sure about taking marketing dollars away from other sources to find this project at the expense of other departments. Tom Perrault commented that not everyone on the EDA was in favor of this. Clint Herbst thinks that some of the cities that have done these projects haven't necessarily benefited that greatly from introducing a new image. Glen Posusta questioned why the City should spend the money to have a consultant study this. He feels that city staff could work on some of this to come up with ways to promote the City's name and image. Megan Barnett Livgard talked about Greater MSP and its efforts to unify the metro area and the State in terms of the approach for business development. Clint Herbst commented that he does not feel that Minneapolis is necessarily a good example for Monticello to follow. He really would like to have a better idea of the total cost that could be expected to implement the findings of a study to improve the city's image. Megan Barnett Livgard explained that many of the aspects could be implemented without a lot of upfront costs. For example, changes would not be made until there is a need to replace supplies such as letterhead or banners. City Council Minutes — February 27, 2012 Page 9 Lloyd Hilgart asked about the $30,000 and whether it was to create the RFP or for the project to study the city's image and make a recommendation. Megan Barnett Livgard explained that was authorized for the project itself; staff would create and publish the REP. Lloyd Hilgart asked if EDA has the money in their budget for the $30,000, which Megan Barnett Livgard confirmed. The funding would come from the EDA general fund budget that they set aside for marketing. Brian Stumpf stated that it might be valuable for the FDA to have this information which they could use to determine what might be useful for them to implement. He noted that the request at this time is to allow an RFP to be created and doesn't commit the EDA unless they feel there will be a value in doing the study. Jeff O'Neill commented that the City has accomplished a lot in the last few years and has some big projects coming up. It is necessary for the City to remain competitive and this could be a good tool to present a positive, unified image to the outside world. Clint Herbst reiterated that he feels that city staff has the talent to work on a project like this without going out for an REP. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO RATIFY THE EDA'S APPROVAL TO CREATE AND PUBLISH A BRANDING AND IMAGE RFP AND ALLOCATE $30,000 OF THE EDA BUDGET TO IMPLEMENT THIS PROJECT. LLOYD HILGART SECONDED THE MOTION. MOTION FAILED 2 -3 WITH GLEN POSUSTA, CLINT HERBST, AND TOM PERRAULT VOTING IN OPPOSITION. Glen Posusta stated that he feels there is a value in this idea; he would like to see staff work on this initiative and find ways to improve the city's image. 13. Consideration of approving purchase of televisions and digital sign software including the installation of equipment and software, with funding from Cable Commission franchise fee reimbursements Kitty Baltos explained the purpose of this request and the interest of the City to invest in digital signage to provide consistent messaging throughout the City. Clint Herbst asked if the digital monitors are the same thing as a TV and Kitty Baltos confirmed this would be the same thing. Kitty Baltos explained that they are looking into commercial grade monitors (TVs) and comparing those to other options. High definition monitors would be placed in high volume areas where city- designed programming could be viewed by customers. The digital signage software could be used by individual departments to design specific information for their building in addition to the general messaging across the city. Glen Posusta asked if the general messages would include information for all departments of the City. Kitty Baltos explained the general programming would be broadcast in all areas; each department could add information specific for their site. City Council Minutes — February 27, 2012 Page 10 Kitty Baltos talked about the placement of the monitors and explained that not all of the costs have been determined yet for installation, programming, etc. Jeff O'Neill talked about the integration with FiberNet channels so that this information can also be ram on the local cable channels through a "carousel" of programming. They would also look into soliciting advertising from local businesses to broadcast on a local (non government) FiberNet channel. Glen Posusta would like this to be a priority per direction of the FiberNet Advisory Board and bring back to the March 12th meeting. BRIAN STUMPF MOVED TO TABLE UNTIL MARCH 12, 2012 AND BRING BACK MORE PRECISE COSTS AND DETAILS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 14. Added items • Legislative conference — Jeff O'Neill handed out a copy of an upcoming LMC legislative conference and recommended that Council members look through the handout and consider attending this event. FNM update — Jeff O'Neill provided handout to Council showing the net effects on FNM customer and service counts since the Charter promotion was started. He noted there will be a mailer going out to current customers with a rewards coupon. Jeff O'Neill mentioned that Clint Herbst and Lloyd Hilgart are working with Springsted on the bonds. Signs at Freeway Fields — Glen Posusta expressed concern about signage that was placed in Freeway Fields parking lot limiting parking to 24 hours at a time. He feels that homeowners in the area should not be restricted from parking in neighborhood lots. Brian Stumpf does not agree and would not want to see private parking in public lots. He feels that opens the city to issues with using parking lots for storage of vehicles. 15. Adiournment BRIAN STUMPF MOVED TO ADJOURN THE MEETING AT 8:43 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Catherine M. Shuman �pJ Approved: Mauch" 12, 2012 Attest: CWyRainistrator City Council Minutes — February 27, 2012 Page 11