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City Council Minutes 03-10-2014MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, March 10, 2014 — 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 — February 24, 2014 Regular Meeting BRIAN STUMPF MOVED TO ACCEPT THE FEBRUARY 24, 2014 REGULAR MEETING MINUTES AS PRESENTED. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 3. Consideration of adding items to the agenda • Frozen water lines (Glen Posusta) 4. Citizen comments, public service announcements A. Citizen Comments: None B. Public Service Announcements: 1) I -94 Reconstruction Open House update - Shibani Bisson provided an update on the I -94 reconstruction project which starts in April. Residents can get more information from the city's website and there is a link to MnDOT's website, where residents can sign up for email updates. Clint Herbst confirmed that four lanes will be open at all times, except for night hours when the crossovers are being constructed. Shibani Bisson noted that there are information sheets that can be picked up at city hall. Future updates will be given at city council meetings. The state is also using message boards and orange signs to alert the public of construction progress. 5. Consent Agenda: A. Consideration of approving payment of bills for March 10t". THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. City Council Minutes — March 10, 2014 Page 1 B. Consideration of approving new hires and departures for City departments. Recommendation: Ratify new hires and terminations for Liquor Store, FiberNet, MCC, Streets and Parks. C. Consideration of adopting Resolution #2014 -026 to accept a contribution for the MCC Winter Block Party. Recommendation: Adopt Resolution #2014 -026 accepting a contribution of $250 for expenses related to the MCC Winter Block Party. D. Consideration of approving an application for a temporary charitable gambling permit for a raffle conducted by Wright County Ducks Unlimited. Recommendation: Approve the application for a charitable gambling permit for a raffle to be conducted by Wright County Ducks Unlimited at River City Extreme on May 5, 2014. E. Consideration of appointing a representative to the Monticello Parks Commission to fill a vacancy for a term to expire on 12/31/2015. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. F. Consideration of appointing two representatives to the Industrial and Economic Development Commission (IEDC) for 3 -year terms. Recommendation: Approve the appointments to the IEDC for Steve Johnson for a term expiring December 31, 2016, and for Tara Thurber, President of the Monticello Chamber of Commerce, for a term consistent with her chamber position. G. Consideration of adopting Ordinance #593 amending City Code Title 2, Chapter 1 — Planning Commission. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. H. Consideration of approving a contract for advertising services at city ballfields with revenues to go to the Park and Pathway Fund. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. I. Consideration of authorizing city signatures on a Quit Claim Deed to resolve a boundary discrepancy at Bertram Chain of Lakes Park. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. J. Consideration of adopting Resolution #2014 -027 establishing authorized public use of several parcels of tax - forfeited land and requesting conveyance to the City of Monticello. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. K. Consideration of adopting Resolution #2014 -028 accepting the feasibility report and authorizing preparation of plans and specifications for Hillside Farms 3rd & 4th Additions Public Improvements (south of Monte Club Hill), City Project No. 12C008. Recommendation: Adopt Resolution #2014 -028 accepting the City Council Minutes — March 10, 2014 Page 2 feasibility report and authorizing preparation of plans and specifications for Hillside Fanns Yd and 4"' Additions Public Improvements, City Project No. 12CO08 at an estimated cost of $5,000. L. Consideration of approving a request for Concept and Development Stage Planned Unit Development (PUD) for a K -12 Educational Institution in an R -3 District and CCD District. Applicant: SRCS Building Company /Swan River Montessori School. Recommendation: Approve the Concept and Development Stage Planned Unit Development for SRCS Building Company, based on the finding in PC Resolution 2014 -016, that the subject parcels meet the requirements for PUD approval, that the flexibility provided with the PUD designation will encourage site and building design features beneficial to Swan River Montessori School and the community; said approval contingent on compliance with conditions in Exhibit Z shown as follows. • The addition of dormers or decorative features (e.g. cupolas and skylight, etc) to the roof of the new school building to add interest to the upper portion of the building. Increase pitch of roof or mirror features from existing building. • The school should consider how the PUD design might cater to bicycle or pedestrian access from a trail to the north (along the rail ROW), and given the accessibility of bicycles to the site, how bicycle parking facilities can be provided. • Proposed dogwood shrubs should be coupled with additional shrubs or small trees throughout the PUD site. Along the rail road additional shrubs /small trees should be used to create a more opaque screening affect, and along the south and west property lines additional shrubs /small trees should be added to create a more continuous buffer through winter months. Recommended species include viburnums, ninebarks, American elder, tall American arborvitae varieties (or other evergreens adapted to the region), etc. • The applicants should consider implementing additional areas of shrubs or small trees in association with woodland /shade tolerant seed mixes along north and east portions of the site. There are numerous low maintenance native or non- native cultivars that can serve these functions (e.g. compact viburnum species, ninebarks, dwarf bush honeysuckles, chokeberries, white cedars, serviceberries or other small fruiting trees, fragrant sumac, etc.). . • The applicant shall adhere to tree protections standards provided in Chapter 4 Section 4.2 of the Zoning Ordinance (no tree protection currently provided). • Provide a maintenance plan for of seed mixes & shrub /tree plantings (removal of invasives or weeds, and replacement of any dead specimens). • The applicants shall provide a lighting plan for review, and address any deviation from standards. • The applicants shall provide a signage plan (if any), and should address any deviation from standards. • Implementation of (colored stamped) pervious pavers in the landscaping design, as opposed to a plain concrete walk. • The proposed grading, drainage, and erosion control measures are subject to review and approval by the City Engineer. The applicants are required to adhere to any recommendations from the City Engineer as a condition of PUD approval. City Council Minutes — March 10, 2014 Page 3 • The applicants will be responsible.for pedestrian crossing improvements, including signage, and long -term maintenance. • Provide details of the proposed gazebo, including materials and dimensions. Upon installation, accessory structures may .not exceed 15 feet. • Complete and submit Final Stage PUD documents consistent with the required conditions of approval for inclusion in the final PUD ordinance and development contract. • Execution of a development contract securing the required improvements. M. Consideration of approving a request for Conditional Use Permit for an Industrial Services use in an I -1 (Light Industrial) District. Applicant: All Elements, Inc. Recommendation: Approve a Conditional Use Permit for an Industrial Services business in a I -1 District for All Elements, Inc. based on findings in PC Resolution 2014 -017, contingent on compliance with conditions in Exhibit Z shown as follows. • Outdoor storage must be configured and screened on the site in compliance with ordinance requirements, or subject to variance approval. • The applicant must identify the existing storage area surface, and comply with stormwater management requirements, along with any applicable trunk fees, as recommended by the City Engineer. • The applicant must obtain a sign permit for new business signage per ordinance requirements. • If lighting is proposed in the outdoor storage yard, a lighting plan must be submitted and approved. • A building permit must be obtained for the outdoor storage yard fence. • The storage yard shall maintain 20 foot wide drive aisles consistent with the approved site plan, dated 0212 712 014. N. Consideration of authorizing the Monticello Economic Development Authority to approve a purchase agreement for property at 130 East Broadway (PID 155 -010- 034102). Recommendation: Authorize the Monticello EDA to approve a purchase agreement for PID 155 -010- 034102 located at 130 East Broadway. O. Consideration of authorizing the purchase of GLDS billing software for FiberNet. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS A, E, G, H, I, J AND O. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 6. Consideration of items removed from the consent agenda for discussion 5A. Consideration of approving payment of bills for March 10th Lloyd Hilgart made an addition to the bill payments for a $9,500 payment to FiberConnect for billing services for March. City Council Minutes — March 10, 2014 Page 4 BRIAN STUMPF MOVED TO APPROVE THE BILL AND PURCHASE CARD REGISTERS FOR A TOTAL AMOUNT OF $429,121.97. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 5E. Consideration of appointing a representative to the Monticello Parks Commission to fill a vacancy for a term to expire on 1213-112015 Glen Posusta asked why phone numbers of applicants are redacted. Attorney Joel Jamnik noted that home phone numbers are private information and staff is not allowed to release that information without the applicant's permission. Work numbers are public information. Glen Posusta asked how Council members are expected to contact these applicants or members of commissions. Angela Schumann explained that the City does get permission from new appointees for use of phone numbers and email addresses. The copies of applications that go to Council for approval should have the phone number available. Angela suggested that Council members contact staff to get phone numbers as needed, if they are redacted. GLEN POSUSTA MOVED TO APPROVE THE APPOINTMENT OF BRIAN STOLL TO THE MONTICELLO PARKS COMMISSION WITH THE TERM ENDING DECEMBER 31, 2015. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 5G. Consideration of adopting Ordinance #593 amending City Code Title 2, Chapter 1 — Planning Commission Tom Perrault had a question about Section 2- 1 -2(C) related to meetings. He asked about the reason that special meetings may be called by the Chair but not by two members of the commission, which is how it is set up for Council. Angela Schumann said that was discussed by staff but found the suggested wording is consistent with the other city commissions. BRIAN STUMPF MOVED TO ADOPT ORDINANCE #593 AMENDING CITY CODE TITLE 2, CHAPTER 1 — PLANNING COMMISSION WITH CHANGES AS FOLLOWS. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 4- 1 WITH TOM PERRAULT VOTING IN OPPOSITION. Section 2 -1 -1: COMPOSITION: (A) The Planning Commission shall consist of five members appointed by the Council. ptibUe offlee in the . All members shall be residents of the city of Monticello and shall have equal rights and privileges. (Section letters shall be added to Section 2 -1 -1 (B) and (C)) Section 2 -1 -2: ORGANIZATION; MEETINGS: (A) The Commission shall elect a chair from among its appointed members for a term of one year, and the Commission may create and fill such other offices as it may determine. City Council Minutes — March 10, 2014 Page 5 (B) The Planning Commission shall hold at least one regular meeting each month. This meeting shall be held on the first Tuesday. Regular meetings shall commence at-7.--W 6: 00 p. m. Hearings shall be heard as soon thereafter as possible. The Planning Commission shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, and findings, which record shall be a public record. (C) Special meetings may be called by the Chair, as needed, and shall be coordinated with city staff. 5H. Consideration of approving a contract for advertising services at city ballfields with revenues to go to the Park and Pathway Fund Tom Perrault asked about the source of potential advertisers and whether national advertisers would be accepted. Tom Pawelk said they want to focus on local advertisers first. Torn Perrault asked if the ballfields pay for themselves now. Tom Pawelk stated that they do not. Glen Posusta stated he felt the revenues should go to the General fund to go back into the ballfields. Jeff O'Neill stated that these funds could be used to help build additional ballfields. Wayne Oberg explained that the revenues would be considered unrestricted funds and could be used as Council directs. If the funds go back to the ballfields, that would put the money into the General fund where it would not be identified specifically for the ballfields. Wayne explained that the revenue can be traced when it comes into the General fund, but it will not be designated for any specific use. GLEN POSUSTA MOVED TO AWARD A THREE -YEAR CONTRACT TO MINNESOTA SPORTS FUNDRAISER FOR ADVERTISING AT EIGHT CITY BALLFIELDS WITH THE REVENUE TO GO INTO THE GENERAL FUND. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 5I. Consideration of authorizing city signatures on a Quit Claim Deed to resolve a boundary discrepancy at Bertram Chain of Lakes Park Tom Perrault pulled this item to determine if this was land that the city paid for. It was explained that this piece of property is privately owned and this action simply clears up the boundaries of the parcel that borders Bertram Chain of Lakes park land. BRIAN STUMPF MOVED TO AUTHORIZE THE MAYOR AND CITY ADMINISTRATOR TO SIGN A QUIT CLAIM DEED TO BRADLEY AND SHARON LARSON RESOLVING A BOUNDARY DISCREPANCY ON PARCEL 213 -100- 172304. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. 5J. Consideration of adopting Resolution #2014 -027 establishing authorized public use of several parcels of tax forfeited land and requesting conveyance to the City of Monticello Tom Perrault asked if the county would sell the parcel 155- 185- 001010 at auction if the city did not put a hold on it. Angela Schumann confirmed the parcel would be eligible for auction if the city does not claim it in some way. Glen Posusta commented that he City Council Minutes — March 10, 2014 Page 6 was not in favor of using the parcel for a fire station, but he was okay with putting a hold on it for further discussion. GLEN POSUSTA MOVED TO ADOPT RESOLUTION #2014 -027 APPROVING THE CONVEYANCE OF PARCELS IDENTIFIED AS FOLLOWS TO THE CITY OF MONTICELLO FOR AUTHORIZED PUBLIC USE AS IDENTIFIED AND APPROVING THE REMAINING LISTED PARCELS FOR PUBLIC AUCTION BY WRIGHT COUNTY. STAFF IS ALSO DIRECTED TO SEND A LETTER TO THE WRIGHT COUNTY AUDITOR REQUESTING A SIX -MONTH HOLD ON PARCELS 155 -185- 001010 AND 155- 199 - 001010 AND RECOMMENDING WRIGHT COUNTY CONTACT CARLISLE VILLAGE PROPERTY OWNERS REGARDING PURCHASE OF PARCEL 155- 183 - 000010 IN LIEU OF PUBLIC AUCTION. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. Parcels to convey to City ofMonticello 155- 123 - 000030: public park and trail, passive recreation, stormwater pond 155- 142 - 000010: public trail segment 155- 160 - 000030: public trail segment 155 -177- 000010: stormwater pond, public trail segment Parcel approved° or public auction Lots 2 through 16, Block 1, Hillside 3''d Addition Lots I through 8, Block 2, Hillside 3''d Addition Lots 10 through 15, Block 2, Hillside 3rd Addition Lots 1 through 7, Block 1, Hillside 4t1i Addition Lots I through 10, Block 2, Hillside 4"' Addition Lots 4 and 5, Block 1, Parkside at Meadow Oak 2" d Addition 50. Consideration of authorizing the purchase of GLDS billing software for FiberNet Glen Posusta pulled this item because he does not feel it is necessary for the city to purchase this software until a decision is made on the outcome of management services for FiberNet. Clint Herbst explained that this license would alleviate the problem that the city experienced with getting the billing done for March, when Mark Pultusker did not release the rights to use the software until the city agreed to pay the fee in his contract. Joel Jamnik explained that the city would be purchasing a license to use the software. Glen Posusta was concerned that there may a redundancy in paying for the software and also paying FiberConnect, if Mark Pultusker should receive a contract for management services. Joel Jamnik explained that the city would face that possibility whether or not a contract was signed with FiberConnect. Wayne Oberg pointed out that it is desirable to have the Finance department perform the billing for FiberNet. Brian Stumpf asked if training is included. Wayne Oberg stated that the unlimited support also includes training and the city would send an employee to California in April for that. City Council Minutes — March 10, 2014 Page 7 BRIAN STUMPF MOVED TO AUTHORIZE CITY STAFF PURCHASE A LICENSE FOR THE GLDS BILLING SOFTWARE FOR FIBERNET AT AN ESTIMATED COST OF $28,665. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH GLEN POSUSTA VOTING IN OPPOSITION. 7. Regular Agenda: A. Consideration of rejecting bids received and authorizing re- advertisement for bids for a Wireless Telecommunications Monopole, Cit.j�iect No. ZTOWER Shibani Bisson presented this item and reviewed the previous bid process which included several options: Complete Turnkey, Tower Only, and Erection Only. This was done to obtain competitive bids as there are contractors that only complete a single component of this type of work. Shibani Bisson talked about reducing the height of the tower by eliminating the microwave dish loading on the tower due to the uncertainty of needing these dishes to serve other areas outside of the City. The microwave dishes can be placed on the city water tower rather than on the monopole because the top elevations are the same. This will result in a minimum net cost saving of $30,000 to $40,000. Shibani Bisson pointed out that these changes to the tower project would still allow up to 3 carriers to locate on the tower along with other antennas to serve the City Brian Stumpf asked about the cost to rebid the project and the status of costs at this point. Wayne Oberg indicated that he could get that information for Brian Stumpf tomorrow. Shibani Bisson explained there would be a cost to prepare new plans and specs and additional costs during construction for concrete testing, tower inspection and project management costs, but the overall projected costs would stay within budget given to Council. Lloyd Hilgart asked if the costs might come down because the weather is getting nicer. Shibani indicated it would and that is included in the proposed cost savings. Lloyd Hilgart asked about the height of the tower in respect to the locations to serve Verizon and other possible carriers. Shibani noted that Verizon would be located at 150 feet with two other future carriers at heights less than that, which could be accommodated on a tower shorter than 199 feet. Hilgart stated that he wants to make sure that the tower can hold three carriers at heights they would prefer. Jeff O'Neill commented that has been studied and the heights as planned met the objectives. Shibani Bisson noted that the main objective is to accommodate three carriers, along with other city uses to maximize the use of the tower and site. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO REJECT THE BIDS RECEIVED AND AUTHORIZE RE- ADVERTISEMENT FOR BIDS FOR A WIRELESS TELECOMMUNICATONS MONOPOLE, CITY PROJECT NO. ZTOWER. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH LLOYD HILGART VOTING IN OPPOSITION. City Council Minutes — March 10, 2014 Page 8 B. Consideration of extending the Public Works Director interim assignments and compensation for an additional six months Tracy Ergen explained this item was tabled at the last meeting and is being brought back to Council with more information. Staff met with the Public Works superintendents and reviewed the changed duties and workload since taking over duties previously assigned to the Public Works Director. Following that, HR Director Tracy Ergen then repointed the positions based on those changes. Staff does intend to continue to evaluate the effectiveness and feasibility on an ongoing basis and report back to the Personnel Committee. If a Public Works Director is hired in the future, the additional points would have to be re- evaluated. Tracy Ergen noted that after the positions were repointed, all three superintendents moved to Grade 17. Staff is asking Council to recommend that the Personnel Committee review this and assign appropriate salaries within the city's pay equity system. Tom Perrault asked if this also affects the jobs performed by Beth Green and Julie Hoglund. Tracy Ergen explained that points are evaluated based on higher level job duties and not an increase in the work volume so this may not affect them at this time. Tracy did note she would be looking at Julie's job description because there may be some impact since Beth was moved to city hall. Glen Posusta asked if the addition of these duties have affected the amount of hours that public works staff is putting in. Tracy Ergen indicated that the supervisors are putting in more hours on administrative work and this has pulled them out of the field. Tracy Ergen noted that the supervisors have expressed their concern about the long term effect of taking on these additional responsibilities. Brian Stumpf stated that the city should keep in mind that some of these supervisors will be retiring in the next few years and it may be preferred to look at hiring a Public Works Director or Engineer at that time. It might be a good time to look at that now. Tracy Ergen talked about some of the discussions that have been held with public works superintendents in this regard. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO ALLOW THE PERSONNEL COMMITTEE TO DETERMINE AND ASSIGN APPROPRIATE SALARIES WITHIN PAY EQUITY FOR ASSUMING DUTIES FORMERLY HANDLED BY THE PUBLIC WORKS DIRECTOR. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 8. Added items • Frozen water lines — Matt Theisen provided a handout to Council showing the freeze -ups he has worked on. He listed 16 properties with frozen lines that he has City Council Minutes — March 10, 2014 Page 9 been working with. There are several of these lines that will need to be heated and he is waiting for a welder. He will be using the same person that Big Lake is using. Matt Theisen talked about the cost for letting the water run in order to keep the pipes open. The average cost of letting the water run is about 37 cents per day. Matt Theisen noted that they had a water line break last week and the frost was still six feet down. Matt Theisen asked if Council wanted the city to cover the cost for letting the water run or charge the property owners for the excess water. The city could calculate charges based on usage before the water froze up or go back and use an average bill from a prior year to calculate water charges for these owners. Consensus is to adjust the billing statements on those properties affected by having to keep their water running. Glen Posusta commented on the repair costs incurred by the city for frozen lines, which ranged from under $200 to over $700. He feels that there should be a limit on what the city would pay. Clint Herbst noted that the cases where the city paid are all property owners that contacted the city. The city is actually taking care of opening the frozen lines and absorbing the costs. This way the city has control over who does the work and the end cost. 9. Adjournment BRIAN STUMPF MOVED TO ADJOURN THE MEETING AT 8:08 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Catherine M. Shuman , Approved: March 24, 2014 Attest: Cit istrator City Council Minutes— arch 10, 2014 Page 10