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City Council Minutes 03-24-2014MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, March 24, 2014 — 7 p.m. Mississippi Room, Monticello Community Center Present: Clint Herbst, Tom Perrault, Glen Posusta, Brian Stumpf Absent: Lloyd Hilgart 1. Call to Order and Pledge of Allegiance Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was recited. 2A. Approval of Minutes — March 10, 2014 Special Meeting BRIAN STUMPF MOVED TO ACCEPT THE MARCH 10, 2014 SPECIAL MEETING MINUTES AS PRESENTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 4 -0. 2B. Approval of Minutes — March 10, 2014 Regular Meeting TOM PERRAULT MOVED TO ACCEPT THE MARCH 10, 2014 REGULAR MEETING MINUTES AS CORRECTED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 4 -0. 3. Consideration of adding items to the agenda • Proclamation for "Dr. Donald Maus Dgy on April 8 — Mayor Clint Herbst read a proclamation for Dr. Maus and proclaimed April 8t' as "Dr. Donald Maus Day" in Monticello. Mary Ellen Wells, Administrator of CentraCare Health — Monticello, said a few words in recognition of those, such as Dr. Donald Maus, that have contributed so much to the community. She also introduced Shelly Johnson, Chair of the Hospital Board, who noted that Dr. Maus was born and raised in Monticello and spent his entire 50 -year career in Monticello. On Tuesday, April 8t', there will be a special ceremony at 5:30 pm during an open house at the Community Center from 4 to 7 p.m. • Clint Herbst asked for a moment of silence for Chuck Fradella, member of the Police Advisory Commission, who passed away on March 15`h. • Glass windows in hallway (Glen Posusta) 4. Citizen comments, public service announcements, and updates A. Citizen Comments: None City Council Minutes — March 24, 2014 Page 1 B. Public Service Announcements: 1) Breakfast with the Bunny (4/12) — Angela Schumann reported on this upcoming event to be held at the Monticello Community Center. Swan River Montessori Charter School PTO is sponsoring the breakfast to benefit the Monticello Middle School arts and music programs. Breakfast with the Bunny includes breakfast, pictures with the bunny, crafts, tattoos, coloring and silent auction. Tickets are available at the Community Center. 2) Tree City USA — Tom Pawelk announced that the city was awarded Tree City USA recognition by the National Arbor Day Foundation. The banner will be displayed in the community center. C. Updates: 1) TIF District 1 -22 Status - Tammy Omdahl of Northland Strategies gave a presentation to Council on the Mangement Plan of District 1 -22 which is known as the downtown district. No action is required at this time, but there are points of interest to be aware o£ In the near future, TIF 1 -22 will be generating excess tax increment of which $600,000 will be returned to the County. The city will receive back about 40% of this and the remainder will go to the other taxing districts (school district and county). The reason for this is that tax increment generated can only be spent on a small portion of the parcels in this district. The excess has to be returned to the taxing districts by law. 5. Consent Agenda: A. Consideration of approving payment of bills for March 24th. Recommendation: Approve the bill and purchase card registers for a total amount of $757,403.20. B. Consideration of approving new hires and departures for City departments. Recommendation: Ratify terminations for Finance department. C. Consideration of waiving statutory liability limits for City insurance renewals. Recommendation: Deny waiving the monetary limits on tort liability established by Minnesota Statute 466.04 and discontinue excess liability coverage after settlement of the telecommunication bonds. D. Consideration of approving a name change for Embracing Downtown Land Acquisition Committee, appointing Council liaisons, and setting regular meeting schedule. Recommendation: Revise the name of the land acquisition committee to "EDA/City Council Land Sale & Acquisition Committee," appoint Councilmembers Herbst and Hilgart as liaisons, and set a regular monthly meeting date as the second Wednesday of each month at 3 p.m. City Council Minutes — March 24, 2014 Page 2 E. Consideration of approving a job description for a Special Projects Manager position for Public Works. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. F. Consideration of adopting Ordinance #591 amending Monticello Zoning Code Section 5.2 — Use Table, Section 5.3 — Use Standards, and Section 8.4 - Definitions to allow temporary public infrastructure construction facilities by Interim Use Permit and approve an Interim Use Permit for temporary public infrastructure construction facilities. Applicant: Shafer Contracting Co, Inc. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. G. Consideration of approving a license agreement for a temporary road through Outlot A of Country Club Manor. Applicant: Shafer Contracting Co., Inc. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. H. Consideration of purchasing services for FiberNet billing software usage, data processing, and supplies from Source One Solutions. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. I. Consideration of authorizing installation of "Beyond The Yellow Ribbon" community signs by Wright County and MN Department of Transportation at a cost not to exceed $475. Recommendation: Approve the installation of "Beyond the Yellow Ribbon" community signs to be placed by Wright County and MnDOT at city entrances in an amount not to exceed $475. J. Consideration of approving Trailblazer Transit as a public transit provider option for the City of Monticello effective July 1, 2014 and authorizing city participation in a county transit implementation team. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. K. Consideration of adopting Resolution #2014 -030 approving plans and specifications, authorizing advertisement for bids, calling for Improvement and Assessment hearings, and ordering preparation of assessment roll for Hillside Farms 3rd & 4d' Additions Public Improvements, City Project No. 12C008. Recommendation: Adopt Resolution #2014 -030 approving plans and specifications, authorizing advertisement for bids, calling for Improvement and Assessment hearings, and ordering preparation of an assessment roll for Hillside Farms 3rd and 4a' Additions Public Improvements, City Project No. 12C008. L. Consideration of approving contracts for FiberNet management and network services through December 31, 2014. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. GLEN POSUSTA MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS E, F, G, H, J, AND L. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 4 -0. City Council Minutes — March 24, 2014 Page 3 6. Consideration of items removed from the consent asenda for discussion 5E. Consideration of approving a job description for a Special Projects Manager position for Public Works Tom Perrault removed this item because he wanted to know more about the tasks that generate a higher pointed position. Tracy Ergen explained that this person would be more involved in projects which scores higher points in planning and knowledge. The position has not been advertised yet. TOM PERRAULT MOVED TO APPROVE A JOB DESCRIPTION FOR A SPECIAL PROJECTS MANAGER POSITION FOR PUBLIC WORKS. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 4 -0. 5F. Consideration of adopting Ordinance #591 amending Monticello Zoning Code Section 5.2 — Use Table, Section 5.3 — Use Standards, and Section 8.4 - Definitions to allow temporary public infrastructure construction facilities by Interim Use Permit and approve an Interim Use Permit for temporary public infrastructure construction facilities Applicant. Shafer Contracting Co, Inc. Tom Perrault questioned if this was strictly a concrete batch plant and that there would be no asphalt or other materials handled here. He was wondering what other potential sites could be affected in the future. Angela Schumann explained this was strictly a concrete batch plant and pointed out that each application would have to be addressed individually by the Council before an IUP would be granted. GLEN POSUSTA MOVED TO ADOPT ORDINANCE NO. 591 AMENDING MONTICELLO ZONING CODE SECTION 5.2 — USE TABLE, SECTION 5.3 — USE STANDARDS, AND SECTION 8.4 — DEFINITIONS, TO ALLOW TEMPORARY PUBLIC INFRASTRUCTURE CONSTRUCTION FACILITIES BY INTERIM USE PERMIT, AND APPROVE AN INTERIM USE PERMIT FOR TEMPORARY PUBLIC INFRASTRUCTURE CONSTRUCTION FACILITIES ON THE PROPERTY IDENTIFIED, BASED ON FINDINGS IN PLANNING COMMISSION RESOLUTION #2014 -020 AND CONTINGENT ON COMPLIANCE WITH THE CONDITIONS IN EXHIBIT Z AS FOLLOWS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 4 -0. • All proposed haul routes must be submitted by the applicant to MnDOT for approval. • The applicant must sweep Chelsea Road near the site entrance as needed during the duration of operations and hauling. • A water truck must be on -site at all times for dust control. The site must be maintained so as to minimize dust and particulate matter in accordance with MPCA requirements. • The applicant must comply with proposed hours of operation from 7: 00 am to 8 :00 pm, Monday through Saturday. • Noise levels shall be controlled in accordance with Section 5.2(A)(2)(e). • The applicant must submit an approved stormwater pollution prevention plan. City Council Minutes — March 24, 2014 Page 4 • The applicant must comply with all requirements and recommendations of the city engineer. • The applicant agrees not to occupy the site prior to the final approval of applicable permits, and agrees to terminate operations and restore the site to original conditions by a date no later than November], 2014, weatherpermitting. • The applicant shall comply with all recommendations of the City Engineer as provided in the comment letter dated February 2e, 2014. • The applicant executes a consent agreement with the City specifying the dates of operation and termination, and other conditions as adopted by the City Council. SG. Consideration of approving a license agreement for a temporary road through OutlotA of Country Club Manor. Applicant. Shafer Contracting Co., Inc. Glen Posusta does not have an issue with the temporary road, but he was concerned about where the excess fill would be stockpiled. He thought that perhaps the utility adjustments could be made in order for the excess fill to be brought to the 7th Street/Fallon Overpass area. Clint Herbst stated that the configuration of the Fallon Avenue Overpass is not known yet so it might be better to wait before bringing dirt to that area. Shibani Bisson said that all of the material would not be able to be stockpiled in the 7t' Street area and it was felt to be more advantageous to put it by the city's property on Chelsea Road. Glen Posusta asked WSB to look at that again and see if some of the material could be put at the Fallon Avenue overpass site so it doesn't have to be moved twice. Tom Perrault asked about the route and was wondering if Shafer Contracting would be responsible for any damage to the roads. Shibani explained that damage repair and road cleaning are covered in the agreement. GLEN POSUSTA MOVED TO APPROVE A LICENSE AGREEMENT FOR A TEMPORARY ACCESS ROADWAY THROUGH OUTLOT A OF COUNTRY CLUB MANOR IN CONJUNCTION WITH THE I -94 RECONSTRUCTION PROJECT, AND DIRECT WSB TO LOOK AGAIN AT STOCKPILING EXCESS GRANULAR MATERIAL AT BOTH CHELSEA ROAD WATER RESERVOIR AND 7TH STREET/FALLON AVENUE OVERPASS AREA. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 4 -0. SH. Consideration of purchasing services for FiberNet billing software usage, data processing, and supplies from Source One Solutions Glen Posusta pulled this item because he questioned why staff moved forward on a purchase over $10,000 without Council's approval and why this was so urgent when Council had already approved a different option. Wayne Oberg explained the urgency in moving away from the previous contractor who was charging $9500 a month for the city to use his billing system. The city's Finance Department was able to produce the FiberNet customer bills for March under this arrangement for one month. Previously, the city asked Council for approval of the GLDS system based on the ability for the city to receive an assignment from the contractor to use the license. When that did not happen, the city Finance Director looked into available options and found SourceOne Solutions to City Council Minutes — March 24, 2014 Page 5 be a viable option for the city. After repeated attempts to negotiate with the previous contractor and receiving no reply, the city authorized SourceOne to contract with FiberNet for billing services. The next billing period is coming up quickly and the finance department needed to move ahead to complete the process in a timely manner. Jay Langerud, from St. Joseph, MN and owner of SourceOne, was present at the meeting and was asked to speak. Langerud stated that Dan Olsen of Windomnet has been a customer of SourceOne about ten years and has successfully operated SourceOne software for those years for Windomnet. Glen Posusta asked if they perform work for HBC. Mr. Langerud indicated that they print the bills for HBC; however, HBC uses Quintrex software, which is a competitor of SourceOne. Glen Posusta asked if SourceOne can guarantee a clean transition from the current billing system to the new one. Mr Langerud briefly explained the implementation process and indicated that it will be relatively clean. They will make every effort to eliminate errors on the customer billings and will be comparing old to new bills as they go. Glen Posusta stated his concern over entering into a three -year contract in case it should not work out and the City would need to utilize another system. Mr. Langerud offered to remove references in his contract to a long term commitment for the city. If SourceOne proves not to work out for a billing system for FiberNet, he would be willing to terminate the contract without penalty to the City. Rachel Leonard explained to Council the efforts that she is putting forth to ensure a smooth as possible transition to the new billing system for FiberNet customers, including an explanation sheet and special notes on the bill itself. Glen Posusta stated his concern about bills that were being sent out to customers that already prepay by credit card or ACH and whether it would be possible to eliminate sending bills for those that don't want them. Rachel said that is an option with the SourceOne system, and FiberNet is discussing how to handle bills in those situations. Clint Herbst asked where SourceOne was in the process of implementation, and it was confirmed that they are close to completing the process. They anticipate sending out bills close to the time they are normally mailed. BRIAN STUMPF MOVED TO ENTER INTO A CONTRACT WITH SOURCEONE SOLUTION OF WILLMAR, MINNESOTA IN THE ESTIMATED AMOUNT OF $2,000 PER MONTH FOR FIBERNET BILLING SOFTWARE USE, $10,000 FOR ONE -TIME IMPLEMENTATION CHARGES, AND MISCELLANEOUS COSTS RELATED TO DATA PROCESSING AND SUPPLIES. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 4 -0. SJ. Consideration of approving Trailblazer Transit as a public transit provider option for the City of Monticello effective July 1, 2014 and authorizing city participation in a county transit implementation team Cathy Shuman summarized the request asking Council to approve Trailblazer Transit as a transit provider option in Wright County effective July 1, 2014. Cathy explained that the River Rider contract will be ending June 30, 2014, and another service provider will soon City Council Minutes — March 24, 2014 Page 6 need to be determined in order to take over by July 1 ". Cities within the county were notified by MnDOT of this change and several meetings have been held by MnDOT with city and county officials present to discuss possible options. Trailblazer Transit and Tri- Cap gave presentations to the group on March 10, 2014, and Trailblazer appears to be the only viable option at this time. Their presentation covered many aspects of the services they provide and copies of the materials were provided to Council. Trailblazer is interested in taking over the transit services for Wright County and suggested forming an implementation team to assist with the transition process. Cathy Shuman also noted that Wright County has called a meeting for Thursday, March 27th at 6 p.m. in the Wright County Board Room to discuss River River and the future of transit in Wright County. City administrators, mayors, and council members are encouraged to attend. Council is asked to give their approval at this time so that a letter can be sent to the Wright County Board in advance of their meeting on March 27th. CLINT HERBST MOVED TO APPROVE TRAILBLAZER TRANSIT AS A PUBLIC TRANSIT PROVIDER OPTION FOR THE CITY OF MONTICELLO EFFECTIVE JULY 1, 2014, AND AUTHORIZE CITY PARTICIPATION IN A COUNTY TRANSIT IMPLEMENTATION TEAM. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 4 -0. SL. Consideration of approving contracts for FiberNet management and network services through December 31, 2014 Glen Posusta removed this because he thought the contract for FiberNet management was supposed to be a six -month contract and now it appears to be for eight months. Clint Herbst explained that Council will look at this in six months to determine what direction they want to take at the end of the contract. Glen Posusta also expressed concern about the option listed in the supporting data regarding provision of a bonus for Brian Estrem in the future. Clint Herbst said that would be a negotiable item if Brian were brought on as an employee of the city. Glen Posusta asked what difference there would be if we gave a bonus to a city employee (such as the FiberNet manager) and not to the Liquor Store manager who has generated a lot of revenue for the city. Clint Herbst said those are good points and will have to be looked at if a bonus is ever considered. Glen Posusta pointed out that Doug Dawson suggests in his letter that Brian Estrem would be brought in at the top of the salary scale, and he was concerned about starting someone at the top. Brian Stumpf noted that the pay equity system was altered in such a way that the top of the scale is reached more quickly than was originally designed. Tracy Ergen explained that she and Jeff O'Neill have not really discussed the potential for a bonus and it would have to be determined whether that could even be allowed. The city has to be careful with placements on the pay equity system so they stay within the parameters. Clint Herbst noted that Jeff O'Neill and Wayne Oberg have worked hard to put together a contract for management services. Glen Posusta stated he is not comfortable voting for City Council Minutes — March 24, 2014 Page 7 this with a potential bonus in the future. Clint Herbst suggested making a motion that addresses his concerns. TOM PERRAULT MOVED TO AWARD A CONTRACT FOR GENERAL MANAGEMENT SERVICES OF FIBERNET MONTICELLO TO BRIAN ESTREM AND AWARD A CONTRACT FOR TECHNCIAL SUPPORT SERVICES TO DAN OLSEN; ANY FUTURE BONUSES WOULD BE A NEGOTIABLE ITEM. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 4 -0. 7. Regular Agenda: A. Public Hearing — Consideration of adopting Resolution #2014 -029 approving modification of Tax Increment Financing Plan for TIF 1 -39 Tammy Omdahl explained the purpose of the modification is to amend the estimated bonded indebtedness and source and use of tax increment. She briefly presented information regarding the estimated bonded indebtedness and estimated sources and uses of tax increment. The original TIF Plan includes an estimated bonded indebtedness of $391,100. It is proposed to increase the amount to $413,994 to match an authorized interfund loan for advance of costs connected with TIF 1 -39. The original project costs in the TIF Plan need to be modified to reflect current estimates, including actual transactions which have occurred. This is basically a housekeeping issue, but requires a public hearing. 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 #2014 -029 APPROVING A MODIFICATION OF TAX INCREMENT FINANCING DISTRICT NO. 1 -39 WITHIN CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO. 1 AND APPROVING MODIFICATION OF THE TAX INCREMENT FINANCING PLAN RELATING TO TAX INCREMENT FINANCE DISTRICT NO. 1 -39. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 4 -0. B. Public Hearing — Consideration of adopting Resolution #2014 -031 approving vacation of a portion of Otter Creek Road right -of -way and vacation of drainage and utility easements across Outlot A and Lots 1 and 2, Block 1, Pine View Addition. Applicant: K.K. Construction, Inc./Kjellberg Kent Angela Schumann provided a presentation to Council on this request for vacation of a portion of Otter Creek Road right -of -way and drainage and utility easements. This vacation must be approved in order to move forward with the preliminary plat approval on the next agenda item. City Council Minutes — March 24, 2014 Page 8 Tom Perrault asked about the $2500 assessment, and Angela Schumann explained that was a condition of a previous developer's agreement on the property. Angela Schumann further explained the vacation of drainage and utility easements over Outlot A and Lots 1 and 2 would be re- established with the platting of Pine View 2nd Addition. Angela Schumann noted the conditions that would be required as part of the vacation of the road and drainage and utility easements. Clint Herbst asked if the park dedication was already paid and would the city need to credit Kjellberg's since there will be fewer lots in the new plats, Pine View and Pine View 2nd. Clint Herbst asked city staff to look into that. 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 #2014 -031 APPROVING VACATION OF A PORTION OF OTTER CREEK ROAD RIGHT -OF -WAY AND VACATION OF DRAINAGE AND UTILITY EASEMENTS ACROSS OUTLOT A AND LOTS 1 AND 2, BLOCK 1, PINE VIEW ADDITION, SUBJECT TO THE FOLLOWING CONDITIONS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 4 -0. • Approval of the Pine View Second Addition preliminary plat by the City Council of the City of Monticello. (Agenda Item #7C) • The applicant shall submit to the City a final plat for Pine View Second Addition establishing plat perimeter and lot drainage and utility easements as required per the Monticello Subdivision Ordinance. • The final plat of record shall include the Wright County Recorder's document numbers for the vacation of right of way and easements described herein. • Ifprivate utilities exist within the easement area to be vacated, it will be the property owner's responsibility to work with the private utilities to relocate their utilities. Tom Perrault indicated he is pleased that there will only be four lots total in the final plats. C. Consideration of ap rp oving a preliminary plat for Pine View Second Addition a 3 -unit residential plat in an R -1 (single - family residence) District. Applicant: Kiellberg Kent Angela Schumann introduced this request to Council for approval of a preliminary plat for Pine View Second Addition. The existing plat called for four lots and the new plat would reduce that to three buildable lots, with an existing house already built on one of the lots. Angela Schumann pointed out that the two remaining lots in the new plat would be built in the future, with one having a City Council Minutes —March 24, 2014 Page 9 driveway on CSAH 75 and one having a driveway on Otter Creek Road. Marty Kjellberg explained that they had worked with Wright County, who provided them with a letter of approval for the drive access on CSAH 75. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO APPROVE THE PRELIMINARY PLAT FOR PINE VIEW SECOND ADDITION, COMBINING ONE OUTLOT AND THREE R -1 SINGLE FAMILY RESIDENCE DISTRICT PARCELS (PID 155204000010, 155204001010, 155204001020, 155204001030) INTO THREE R -1 DISTRICT PARCELS, BASED ON FINDINGS IN PLANNING COMMISSION RESOLUTION #2014 -021, AND CONTINGENT ON COMPLIANCE WITH CONDITIONS IN EXHIBIT Z AS FOLLOWS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 4 -0. The applicant shall provide drainage, erosion control, and stormwater management plans for review and approval by the City Engineer, and will need to address any recommendations the engineer makes in this regards. Further, development of the proposed lots will need to adhere to erosion control and drainage requirements provided in Sec. I1 -5 -5 and 11 -5 -6 of the Subdivision Ordinance, in addition to meeting related standards provided in Zoning Ordinance Section 4.10. The applicant shall comply with all recommendations of the City Engineer as provided in the comment letter dated February 26` ", 2014. Future dwellings on subdivided parcels are required to meet the minimum width, depth, and floor area standards provided in Chapter 5, Section 5.2(C) of the Zoning Ordinance, and the minimum garage area standards for accessory garages in the R -1 District. Approval of the preliminary plat is contingent on the approval of vacation of drainage and utility easements across Lots 1 and Z Block 1, Pine View Addition and that portion of Otter Creek Road right -of -way lying alongside Outlot A of Pine View Addition, as legally described in the submitted petition for vacation, dated February 11, 2014. (Agenda Item #7B) 8. Added items • Glass windows in hallwav — Glen Posusta pointed out that three of the large windows in the front hallway of the MCC appear to have moisture leaking and asked staff to look into that. • Clint Herbst mentioned that National Day of Prayer will take place on Thursday, May 1 st Tom Perrault asked for a clarification on the I -94 project agreements with traffic detours on Chelsea Road. Both MnDOT and Shafer Contracting agreements call for covering the cost in the case that Chelsea Road would need to be repaired. He was wondering if that might create a conflict over who would pay for that. Shibani Bisson explained that is addressed in the agreements and there is a formula that would be used to determine liability for each party. City Council Minutes — March 24, 2014 Page 10 9. Adjournment GLEN POSUSTA MOVED TO ADJOURN THE MEETING AT 8:14 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 4 -0. Recorder: Catherine M. Shuman Owl' Approved: April 14, 2014 Attest: cz,�& ��� Cit4eAduffnistrator City Council Minutes — March 24, 2014 Page 11