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City Council Minutes 08-13-2012MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, August 13, 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 7:01 p.m. and declared a quorum present. The Pledge of Allegiance was recited. 2A. Approval of Minutes — July 23, 2012 Regular Meeting GLEN POSUSTA MOVED TO ACCEPT THE MINUTES OF THE JULY 23, 2012 REGULAR MEETING AS PRESENTED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 3. Consideration of adding items to the agenda • Water Quality at Kjellberg's Park (Clint Herbst) • Letter of Intent between MYSA and City of Monticello (Jeff O'Neill) • Special meeting dates (Angela Schumann) • Mayor Herbst introduced new Finance Director Wayne Oberg 4. Citizen comments, public service announcements, and updates: a. Citizen Comments: None b. Public Service Announcements: 1) Movie in the Park (8/18) — Kitty Baltos introduced upcoming Movie in the Park on Saturday, August 18'1'. "Dolphin Tale" is showing at dusk and is free to the public. 2) Canoe /Kayak (8/19) — Kitty Buttes mentioned the last canoe /kayak event on Mississippi River is coming up on August 19th. 3) Clint Herbst mentioned the Lions Brewfest event on Saturday, August 18th at West Bridge Park from 3 to 7 p.m. Tickets can be purchased from any Lions member. C. Updates: 1) Marshall Smith, New River Hospital District - Annual report of New River Medical Center Marshall Smith expressed his appreciation for being able to come and give a report on the Hospital District. The District was established in 1961 and consists of the following cities and townships: Becker Township, City of City Council Minutes — August 13, 2012 Page 1 Big Lake, Big Lake Township, Monticello Township, City of Otsego, Silver Creek Township, and City of Monticello. Marshall Smith noted that Sheldon Johnson was just appointed as the City of Monticello's representative to fill out the term of Dr. Joseph Mahoney. Marshall Smith talked about the New River Medical Center and noted it is a critical access hospital facility which has 25 beds under this designation. New River Medical Center provides: an extended care facility, a cancer center affiliated with North Memorial and CentraCare, a physician's clinic which focuses on internal medicine and family medicine, and the Big Lake Clinic which is a joint venture of New River and CentraCare. New River Medical Center offers a great variety of services including: inpatient care, emergency care, outpatient care, surgical services, cancer therapy, imaging, cardiology, ambulance service and laboratory services. Marshall Smith provided some vital statistics showing the type of care provided in 2010 compared to 2011. Marshall Smith discussed the revenue sources with the majority of funding coming from the hospital. Main expense categories include salaries and benefits, supplies, and depreciation and interest. New River has introduced hyperbaric medicine which aids in promoting healing of wounds with use of pressurized oxygen. This is an expansion of their wound care center. Marshall Smith talked about efforts by the Hospital Board to respond to concerns of community residents and continue their community outreach. Marshall Smith talked about the legal status update of the New River Medical Center which is set to take place in October 2012, when they will change to a 501c(3) non - profit. This governance change does not affect the services that are now provided. The Board will see changes in how the hospital district is managed and run. A non -profit does not have the authority to bond with the backing of taxpayer dollars. The entities in the district will continue to be represented on the Board and three other representatives will be appointed to serve on the nonprofit board. Marshall Smith discussed the strategic planning recently undertaken by the Board. One idea that has come out of that is to seek a partnership with a larger organization to enhance the services that are delivered. They have formed an Affiliation Task Force and are currently studying options available to the district. The presentation was opened for questions. Clint Herbst questioned the current ongoing issues at New River. Marshall Smith talked briefly about some of the issues and noted that they are open to continuing services with the Monticello Clinic. Glen Posusta asked about the intent to increase the levy to cover the bonds. Marshall Smith explained that the Board has taken action to address the bond obligation. Although they need to make City Council Minutes — August 13, 2012 Page 2 sure the debt obligation is met, they hope to keep the levy where it is at currently. Clint Herbst asked about the patients that are being referred to another hospital rather than New River. Marshall Smith explained that each patient has the right to choose which hospital they wish to use. He did note that the hospital obstetrics department is not open at this time, but is working on finding a partner to provide OB /GYN services so they can open again with appropriate staffing levels. Lloyd Hilgart asked about the progress of the 501(c)3 designation, and Marshall Smith explained that it does take a while to go through that process. 5. Consent Agenda: A. Consideration of approving payment of bills for August 13th. Recommendation: Approve payment of the bill and purchase registers in the amount of $872,319.32. 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 -066 accepting a contribution from Mark and Jane McNamara for the Monticello Fire Department in memory of Steve Samuelson. Recommendation: Adopt Resolution #2012 -066 accepting a donation of $50 from Mark and Jane McNamara to be used by the Fire Department in memory of Steve Samuelson. D. Consideration of adopting Resolution 42012 -067 requesting Wright County assistance in establishing easements for streets and utilities on three tax forfeit parcels within the City. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. E. Consideration of a adopting Ordinance #561 approving amendments to the Monticello Zoning Code, Title 10 for miscellaneous sections. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. F. Consideration of adopting Ordinance #562 approving amendments to the Monticello Zoning Code, Title 10 for the Central Community District. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. G. Consideration of adopting Resolution #2012 -068 accepting quotes and awarding contract to replace flooring in Mississippi Banquet Room. Recommendation: Adopt Resolution #2012 -068 accepting quotes and awarding a contract to Anderson's New Carpet Design in the amount of $16,517.28 for purchase and installation of new flooring for the Mississippi Room. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS D, E AND F. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. City Council Minutes — August 13, 2012 Page 3 6. Consideration of items removed from the consent aeenda for discussion 5D. Consideration of adopting Resolution #2012 -67 requesting Wright County assistance in establishing easements for streets and utilities on three tax forfeit parcels within the City Tom Perrault removed this item because he wanted to know the cost if the City were to acquire the property. Jeff O'Neill explained that the starting bid is listed at $134,000 for the largest piece; however, the City has to establish a public purpose in order to have the property conveyed to them. If the property does not sell at public auction, the City could have the opportunity to negotiate on the property if it does not sell at public auction. The City could also request a 6 -month hold to determine a possible public purpose for the property. Jeff O'Neill explained that staff felt it was best to allow this to go through the auction process at this time and see what happens. Glen Posusta asked why the County would not just give the property to the City if we wanted it, which he thought was the normal practice. Jeff explained that research with the Coimty Attorney shows that does not happen automatically anymore. Glen Posusta stated his main concern was the process to follow in order to establish easements on the properties. If we don't need to acquire the property first, he is okay with the request. Clint Herbst stated that the main objective at this time should be to establish the easements. Tom Perrault felt this might be property that could be utilized by the City for expansion such as Public Works. GLEN POSUSTA MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2012 -067 REQUESTING WRIGHT COUNTY ASSISTANCE IN ESTABLISHING AND RECORDING EASEMENTS FOR STREETS AND UTILITIES ON THREE TAX FORFEIT PROPERTIES IN MONTICELLO: 155-500-101402,155-500-101404, AND 155 -500- 101411. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 5E. Consideration of adopting Ordinance #561 approving ant endinents to the Monticello Zoning Code, Title 10 for miscellaneous sections Toni Perrault removed this item because he had questions on a few of the proposed changes. He questioned why the second item, referred to as a policy question, was not included; Angela Schumann explained that item number 2 in the Planning Commission's report had been the proposal for the R -3 district, which was pulled following the Planning Commission meeting. Tom Perrault also asked about how the parking requirements were determined. Angela Schumann explained that this is intended to clarify parking for restaurants and they were set up based on recommended planning standards. Tom Perrault asked if the City intended to eventually work on temporary signage language in regard to off premise sales or similar temporary uses. Angela Schumann explained that, at this time, the Planning Commission has opted to discourage those uses by businesses from outside the City, yet not interfere with freedom of speech. Tom Perrault asked City Council Minutes — August 13, 2012 Page 4 about overnight day care. Angela Schumann stated that the amendments proposed had been reviewed by the City Attorney for compliance as related to both day care and overnight care facilities. LLOYD HILGART MOVED FOR ALTERNATIVE #1 FOR DECISIONS 1 AND 2 ADOPTING ORDINANCE #561 AND SUMMARY ORDINANCE #561 A FOR PUBLICATION; SAID ORDINANCE #561 CONTAINING MISCELLANEOUS AMENDMENTS TO CHAPTERS LISTED AS FOLLOWS AND BASED ON A FINDING THAT THE ORDINANCE AMENDMENTS AS PROPOSED ARE CONSISTENT WITH THE PURPOSE STATEMENTS FOR EACH OF THE SUBJECT CHAPTERS AND SERVE TO CLARIFY PREVIOUS ACTIONS AND ORDINANCE AMENDMENTS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 3.3 (D): Common Yard and Height Requirements 4.1 (1): Standards for Required Screening (Landscaping) 4.4 (1): Sign Lighting 4.5 (D): Prohibited Signs 4.5 (1): Temporary Signs 4.8 (E): Standards Applicable to All Uses (Off - Street Parking) 4.9 (E): Screening. (Off - Street Loading Spaces) 5.1: Table 5 -1 - Uses by District 5.2 (C): Regulations for Residential Uses 5.3 (B): General Standards and Limitations for Accessory Uses and Structures 5.3 (C): Table 5 -4 —Accessory Uses by District 5.3 (D): Additional Specific Standards for Certain Accessory Uses 5.4 (D): Table 5 -6 - Temporary Uses & Structures 8.2 (B): Lots (Rules Of Measurement) 8.4: Definitions 5F. Consideration of adopting Ordinance #562 approving amendments to the Monticello Zoning Code, Title 10 for the Central Community District Tom Perrault removed as he questioned the ability to develop in certain areas based on the design guidelines, which guided the use of some areas specifically for public parking ramps. Angela Schumann responded that the design guidelines for the CCD guide the areas for which a parking ramp should be located. Angela Schumann noted that should a developer wish to develop something other than a ramp, a Comprehensive Plan amendment could be sought. Additionally, she stated that the Comprehensive Plan requires an annual review by staff and Planning Commission, who could recommend a change for those areas to the City Council. LLOYD HILGART MOVED FOR ALTERNATIVE #1 FOR DECISIONS 1 AND 2 ADOPTING ORDINANCE #562 AND SUMMARY ORDINANCE #562A FOR PUBLICATION; SAID ORDINANCE #562 AMENDING SECTIONS OF THE CCD ZONING DISTRICT LISTED AS FOLLOWS AND BASED ON FINDINGS AS City Council Minutes — August 13, 2012 Page 5 STATED IN PLANNING COMMISSION RESOLUTION #2012 -062. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 3.5 (G): Central Community District (CCD) 4.1 (J): Zoning District Specific Landscaping Standards 4.4 (J): Lighting Requirements for the CCD District 4.8 (E): Standards Applicable to All Uses & Table 4.7 4.8 (G): Standards Applicable to Commercial, Industrial & Civic/ Institutional Uses 4.11 (D): Business District Requirements 5.1(A): Use Table 5 -1A — Central Community District (CCD) Uses 5.2 (F): Regulations for Commercial Uses 7. Consideration of accepting 2012 DNR Outdoor Recreation Grant award, authorizing appraisals, and approving a corresponding local match for a Phase V acquisition at the Bertram Chain of Lakes Regional Park Angela Schumann provided an update on the DNR Outdoor Recreation Grant award and referred Council to the funding table that was included with the agenda packet. Angela Schumann displayed an aerial of the Bertram Chain of Lakes Regional Park and pointed out Parcel #1, which is the parcel intended for purchase with this grant. Angela Schumann talked about the proposed use of the parcel for a firture athletic complex which would serve City and School District residents. The athletic complex concept would greatly expand the fields available in the region, which is a need in the area. Angela Schumann discussed the legislative response which centered on active park space versus passive park space. They were encouraged by the proposed active park space use. The City and County received $369,713 in the grant award, which requires matching funds of $317,268.50 each from the city and county. Council is asked to approve the local match along with acceptance of the grant award. The City has designated the consolidated bond fund for this purpose. Wayne Oberg confirmed that the City receives about $400,000 annually in this fund from assessments. Angela Schumann noted that an amended Memorandum of Understanding will be completed with the YMCA as part of the Phase V acquisition process and will be presented to Council for review and approval. Brian Stumpf noted that this parcel is probably one of the most reasonable pieces of property in the acquisition process. He noted how important the grant application process is to acquiring the parcels. Clint Herbst stated that he wants to clarify that the City intends to pay back the consolidated bond fund. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 ACCEPTING A 2012 DNR OUTDOOR RECREATION GRANT AWARD, AUTHORIZING APPRAISALS AT A COST OF APPROXIMATELY $10,000, AND APPROVING A LOCAL MATCH IN THE AMOUNT OF $327,268.50 FOR A PHASE V ACQUISITION AT THE BERTRAM CHAIN OF LAKES REGIONAL PARK IN CONJUNCTION WITH WRIGHT COUNTY; STAFF IS DIRECTED TO PREPARE APPROPRIATE DOCUMENTATION FOR THE PURCHASE. LLOYD HILGART SECONDED THE City Council Minutes — August 13, 2012 Page 6 MOTION. MOTION CARRIED 4 -1 WITH TOM PERRAULT VOTING IN OPPOSITION. 8. Annual law enforcement update from Sheriff Hagerty and consideration of revising contract hours for 2013 per the 2012 -2013 Law Enforcement contract with the Wright County Sheriff's Office Bruce Westby noted that this is a 2 -part item with a presentation from Sheriff Hagerty followed by consideration of revising contract hours for 2013. If the City desires to change the number of contract hours, they are required to notify the Sheriff's Department by August 15th according to the agreement in place. Bruce Westby noted that the Sheriff's Department feels the current coverage is at a desired level and would encourage the City to keep the hours at the current level. Bruce Westby also noted that Council is concerned about budget levels for 2013 and this is an area that they may want to look at. Bruce Westby introduced Sheriff Joe Hagerty to make his presentation. Sheriff Hagerty pointed out that the City has had a contract with the Sheriff's Department since 1973 when they discontinued their local police department. Sheriff Hagerty talked about some of the community interaction his department provides such as presentations for the Senior Center and prescription drug take back program. Sheriff Hagerty said he looked over trends since 2007. Although calls for service have been dropping, certain crimes have not decreased such as thefts. The Sheriff's Department has been employing some techniques to discourage petty crime such as unmarked cars and bike patrols. They deal with a lot of alarms and fraud calls. Traffic calls have remained pretty consistent since 2007 and they have added another traffic car in the morning. He noted the amount of crashes keep the department fairly busy in this area. DWI's are down slightly but domestic calls are up. Sheriff Hagerty talked about some of the ways they are generating revenues at the county jail. Sheriff Hagerty noted that they have been trying to hold down the contract rates with increases going down the last few years. They have been trying to reduce costs associated with the squads such as fiiel and maintenance. They are switching from Crown Victoria to Ford Taunus vehicles. Glen Posusta noted that the City of Monticello is third in population but has a lot more calls for service than a city such as Otsego. Sheriff Hagerty explained that Monticello's proximity to the freeway probably drives the higher number of calls along with more businesses that attract people at all hours of the day. Monticello also has more hours of coverage which means the Sheriff s Department is able to handle more calls. Brian Stumpf stated that he would not favor dropping the contract hours. He feels that the City worked hard to reach the coverage they have and would not want to go backwards. Clint Herbst commented that he appreciates the responsiveness of the Sheriff's Department and feels the City has benefited with the partnership. City Council Minutes — August 13, 2012 Page 7 BRIAN STUMPF MOVED FOR ALTERNATIVE #1 LEAVING THE CONTRACT HOURS FOR LAW ENFORCEMENT AT 52 HOURS PER DAY FOR 2013. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 9. Consideration of placing United States flags on streetlight poles on State Hwy 25 Bob Paschke replied to the request from Council to look into placing U.S. flags on streetlight poles. He contacted Mn/DOT to find the minimum height allowable for flags hanging over Highway 25. Flags above the highway have certain restrictions with 22 feet from the bottom of the flag permitted. Flags on poles along the side of the street are not restricted. Glen Posusta suggested placing flags at several different heights, within the permissible allowance, to see what works best. GLEN POSUSTA MOVED FOR ALTERNATIVE #1 TO APPROVE PURCHASE OF U.S. FLAGS AND BRACKETS AT A COST OF $1,252.44 PLUS TAX WITH SOME FLAGS POSITIONED AT 22' AND SOME AT 24', USING THE DONATED 3X5 FLAGS FOR TRIAL AND PURCHASING SOME 4X6 FLAGS FOR PERMANENT USE; FLAGS TO REMAIN PLACED OVER CSAH 75 AND STATE HWY 25 FROM MEMORIAL DAY THROUGH VETERANS DAY. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH TOM PERRAULT VOTING IN OPPOSITION. Tom Perrault noted that he would prefer to use 3X5 flags. Clint Herbst thanked the American Legion for donating flags that have been displayed on Broadway in past years. 10. Consideration of adopting Resolution #2012 -69 accepting quotes and awarding contract for stormwater pond maintenance improvements Bruce Westby summarized the request for Council to accept quotes and award contract to Schluender Construction for stormwater pond maintenance improvements at the Chelsea Road/Marvin Road Pond and the Middle School Pond. Bruce Westby explained the erosion issues with the ponds. City staff removed trees and shrubs from the pond at Chelsea Road and Marvin Road. There is a need to make further repairs and install riprap to control erosion. Repairs for these improvements cannot be done by city staff and costs are quoted at $4,595. At the Middle School Pond, storm water runoff during large rain events has created problems with erosion control. Required repairs include adding drainage structures and repairs to plastic pipe and riprap at a quoted cost of $11,081. GLEN POSUSTA MOVED FOR ALTERNATIVE #1 ADOPTING RESOLUTION #2012 -069 ACCEPTING QUOTES AND AWARDING CONTRACT TO SCHLUENDER CONSTRUCTION, INC. IN THE AMOUNT OF $15,676. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 11. Added items: City Council Minutes — August 13, 2012 Page 8 All -way Stop Warrant Anal - Clint Herbst asked Bruce Westby to provide an update on the speed study results related to the all -way stop warrant analysis. Bruce Westby explained that they have just received the traffic counter results from Mn /DOT and are in the process of examining the data to arrive at results of the study to bring this back to Council. Bruce Westby commented on some of the drawbacks of the study and noted some of the difficulties they have encountered in analyzing the data in a timely mariner. Clint Herbst commented that he would consider placing stop signs if the study shows a need. Brice Westby explained that some of the legs of the intersection do not show enough traffic to place signs while other legs do. He feels it would be helpful to do an analysis when school is back is session. Bruce Westby stated that he would keep the Council updated as the results are compiled. • Minnesota Youth Soccer Association (MYSA) Letter of Intent — Jeff O'Neill introduced a letter of intent received from MYSA to purchase 125 acres of land from the City, following meetings and negotiations between MYSA and the City over a period of time. BRIAN STUMPF MOVED TO ACCEPT THE LETTER OF INTENT FROM MYSA AND APPROVE THE PROPOSED PRICE OF $2,500 PER ACRE. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH TOM PERRAULT VOTING IN OPPOSITION. Clint Herbst noted that the price proposed by MYSA may be lower than what could be obtained if the land were sold for other purposes. However there are great potential benefits to the community with this opportunity. Lloyd Hilgart feels that this would support businesses already in Monticello. Tom Perrault does not support the sale at the proposed price. Special Meeting— Angela Schumann updated Council on upcoming special meetings. A special planning commission is scheduled for August 21" and Council is invited to attend the interview of a planning commission candidate. On September 01, Planning Commission and Council will hold a collaborative meeting for review of a PUD application. The applicant is in the process of completing their application. • Primary Election — the Mayor encouraged everyone to take advantage of the opportunity to vote in the Primary on August 14"', Water Quality— Clint Herbst received a call from a resident of Kjellberg's Park who was concerned about the water quality at the park. Clint Herbst explained to the resident that Kjellberg's has their own well at the park and the City does not manage the water supply for them. Mayor Herbst felt it would be worthwhile to have the City try to work with Kjellberg's to make improvements. Jeff O'Neill will contact Kjellberg's to arrange a meeting. City Council Minutes — August 13, 2012 page 9 • FiberNet Update —Mark Pultusker provided an update to Council on some recent situations involving FiberNet. The first was a request received from a customer looking for reimbursement for repairs from installation work. Mark Pultusker asked Council for approval to refund $250 to the customer. CLINT HERBST MOVED TO REIMBURSE $250 TO JESSICA REISCHL FOR DAMAGES INCURRED DURING INSTALLATION OF SERVICES IN 2011. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5- 0. Mark Pultusker commented that, on the other hand, FiberNet will be charging for situations where there are damages to their system or they are asked to work on the system for the benefit of another provider or customer. They recently finished up four different projects where clients were billed for work done by FiberNet on their behalf. Mark Pultusker explained that FiberNet started having issues with video feed this morning (August 13') and decided to work on the problem during normal business hours. Other issues cropped up which created an outage and delayed resolving the problem. About 125 calls were received in the process. This was a learning experience and new procedures will be followed in the future. They also plan to add a network status page to the website so customers can check the status of their services. Mark Pultusker talked about some of the recent changes made with staff resources and hours to improve customer service and response time. Mark Pultusker is working on plans for a day when the public will be invited to tour the head -end building and find out more about the FiberNet system. 12. Adiournment TOM PERRAULT MOVED TO ADJOURN THE MEETING AT 9:02 P.M. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Catherine M. Shuman efx4/ Approved: August 27, 2012 Attest: Ci tnistrator City Council Minutes — August 13, 2012 Page 10