City Council Minutes 04-14-2014MINUTES
REGULAR MEETING — MONTICELLO CITY COUNCIL
Monday, April 14, 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 p.m. and declared a quorum present. The
Pledge of Allegiance was recited.
2A. Approval of Minutes — March 24, 2014 Special Meeting (lease)
TOM PERRAULT MOVED TO ACCEPT THE MARCH 24, 2014 SPECIAL
MEETING MINUTES ON THE OLD BOWLING ALLEY LEASE AS PRESENTED.
GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 3 -0 WITH
CLINT HERBST, GLEN POSUSTA, AND TOM PERRAULT VOTING IN FAVOR.
(Lloyd Hilgart and Brian Stumpf did not vote.)
2B. Approval of Minutes — March 24, 2014 Special Meeting (flashing yellow arrows)
GLEN POSUSTA MOVED TO ACCEPT THE MARCH 24, 2014 SPECIAL MEETING
MINUTES ON THE FLASHING YELLOW ARROWS ON SIGNALS AS
PRESENTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED
3 -0 WITH CLINT HERBST, GLEN POSUSTA, AND TOM PERRAULT VOTING IN
FAVOR. (Lloyd Hilgart and Brian Stumpf did not vote.)
2C. Approval of Minutes — March 24, 2014 Regular Meeting
BRIAN STUMPF MOVED TO ACCEPT THE MARCH 24, 2014 REGULAR
MEETING MINUTES AS PRESENTED. TOM PERRAULT SECONDED THE
MOTION. MOTION CARRIED 4 -0 WITH CLINT HERBST, GLEN POSUSTA,
BRIAN STUMPR, AND TOM PERRAULT VOTING IN FAVOR. (Lloyd Hilgart did
not vote.)
3. Consideration of adding items to the agenda
• FiberNet Update (Jeff O'Neill)
4. Citizen comments, public service announcements, and updates
A. Citizen Comments: LeeAnn Hess, owner of Bliss Salon at 109 Walnut St,
talked about parking issues in front of her salon. The Lucille Murray Dance
Studio clients park in front of the existing Walnut Street businesses instead of
City Council Minutes —April 14, 2014 Page 1
parking in the public parking area at the north side of the Walnut Street parking
lot. The businesses in that block, including the owners of the dance studio, have
tried to work with the dance studio customers, but they continue to park in front
of the other businesses. She understands that all of the street parking is public
parking. She compared their situation to the restrictions on public parking in the
area of the community center and would like to know why they can't have some
restrictions for their businesses. Clint Herbst suggested that some of the
businesses should meet with city representatives to see what they could work out.
Glen Posusta stated he feels that those businesses should have some ability to
control parking in front of their businesses. Ms. Hess also noted that there is no
designated handicapped parking either. Glen Posusta suggested that they may
also want to look at placement of handicapped parking signs. Brian Stumpf felt
handicapped parks signs may be helpful but may have to consider the best place
to locate them to not tie up other parking spots.
Council directed city staff to look into this situation and contact Ms. Hess for a
meeting with staff and businesses in that area of Walnut Street.
B. Public Service Announcements:
1) Tree Order Pickup (4/23 -4/25) — Tom Pawelk reminded citizens that next
week is the time to pick up the trees that they ordered earlier this year.
Come to Public Works between hours of 8 a.m. to 3 p.m. on April 23, 24
or 25 to pick them up. Any trees that are not picked up will be planted on
city property by Public Works employees.
2) Monticello Recycling Day (5/3) — Tom Moores mentioned that Recycling
Day is scheduled for Saturday, May 3rd from 8 a.m. to 3 p.m. contingent
upon approval of the special event permit by Council. This will be held in
the commuter parking lot along Hwy 25 south.
3) Friends of Bertram Clean Up (5/3) — Angela Schumann invited
community members to join Friends of Bertram on Saturday, May 3rd to
help with clean-up at Bertram Chain of Lakes Regional Park from 10 a.m.
to noon. Come to the park entrance by 10 a.m. and bring work gloves and
boots.
4) Leaf Pickup Day (5110) — Tom Moores reminded residents to have their
bagged leaves at curbside by 7 a.m. on Saturday, May l Od' for pickup.
5) Steve Joerg reported that two fire trucks have been moved south of I -94 at
Jay Morrell's building for duration of the I -94 construction project. Tom
Perrault asked if there are any insurance concerns; Steve Joerg said no.
C. Updates:
City Council Minutes — April 14, 2014 Page 2
1) I -94 Reconstruction Project (WSB) — Shibani Bisson reviewed the I -94
construction work that starts tonight with building the crossovers. Traffic
will be reduced to one lane during night hours for this portion of the
project. More information can be found on the city and MnDOT websites
and announcements will continue to be posted on Facebook. Shibani
Bisson noted that four lanes of traffic will be open during daytime hours.
Brian Stumpf asked if eastbound ramps would be closed at the same time.
Shibani Bisson assured him that they would not.
Shibani Bisson noted that MnDOT has been providing updates to local
businesses on a weekly basis. The local group is working with MnDOT
for appropriate signage and their concerns about the detour route from CR
18 to CSAH 75 (Broadway).
Brian Finley, supervisor for Papa Murphy's, spoke on behalf of business
owners along Hwy 25 and some ideas that they are working on to keep
travelers informed of business destinations on Hwy 25 during the
construction project. They would like to have temporary signs located at
7t' Street and Chelsea Road to help direct traffic to businesses on Hwy 25.
Brian Stumpf felt that would be a fair request rather than have each
business try to place miscellaneous signs around town. Council felt that is
something the city could support.
2) FiberNet Monticello Update — Brian Estrem gave an update to Council
about the new SourceOne billing system. The migration process was quite
successful and bills were sent out close to the normal schedule. Rachel
Leonard was a big help in designing the bill layout and instructions to help
reduce the questions that customers might have. There were very few
calls from customers and the CSRs were able to help work through the
concerns. At first the CSRs were tentative about making the change to a
new system, but have found the new system easier to work with and
customers prefer the new bill format.
5. Consent Agenda:
A. Consideration of approving payment of bills for April 14th. Recommendation:
Approve the bill and purchase card registers for a total amount of $933,185.02.
B. Consideration of approving new hires and departures for City departments.
Recommendation: Ratify new hires and terminations for MCC and Parks.
C. Consideration of approving a Special Event Permit allowing use of city streets
and related assistance in conjunction with the Memorial Day parade on May 26,
2014. Applicant: Monticello American Legion. Recommendation: Approve
the Special Event Permit allowing use of city streets and related assistance in
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conjunction with the Memorial Day parade to be run by the Monticello Legion
and VFW on May 26, 2014.
D. Consideration of accepting quotes and authorizing purchase of a Bandit Brush
chipper by the Parks Department. Recommendation: Accept quotes and
authorize purchase of a 2014 Brush Bandit 990XP from Tri-State Bobcat at a cost
of $27,727.94, which includes the trade -in of the existing equipment.
E. Consideration of amending the City's tobacco policy to treat e- cigarettes the same
as other tobacco products. THIS ITEM WAS REMOVED FROM THE
CONSENT AGENDA.
F. Consideration of approving a Special Event Permit allowing use of the city
commuter lot and related assistance in conjunction with Monticello Recycling
Day on May 3, 2014. Applicant: Jason Warhime/Metro Appliance Recycling.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA.
G. Consideration of adopting Resolution #2014 -032 accepting work and approving
final payment to WH Services for the West 7th Street Lighting Improvements,
City Project No. 12C002- LLIGHT. Recommendation: Adopt Resolution
#2014 -032 accepting improvements and authorizing final payment of $4,520.00
to WH Services for West 7d' Street Lighting Improvements, City Project No.
12C002- LLIGHT, subject to submission of all documents listed in the resolution.
H. Consideration of adopting Resolution #2014 -037 approving Final Plat and
Developer's Agreement for Pine View 2nd Addition. Applicant: Kjellberg, Kent.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA.
I. Consideration of adopting Resolution #2014 -038 approving an amendment to
Conditional Use Permit for Planned Unit Development for Union Crossings 61
Addition and approving the Final Plat and Development Agreement for Union
Crossings 6d' Addition. Applicant: Ryan Companies (Marshall's).
Recommendation: Adopt Resolution #2014 -038, approving the PUD
amendment to subdivide Lot 2, Block 1 of Union Crossings 5d' Addition and
approving the Final Plat and amended Developer's Contract and Planned Unit
Development Agreement for Union Crossings 6d' Addition, based on findings in
said resolution and subject to the following conditions.
• The applicant shall revise the plans to comply with all recommendations of the
City Engineer regarding grading, drainage, and utilities, if any.
• The applicant shall provide documentation of updated easements for public and
private sewer, water, and access to the new parcels in the plat.
• Execute a development agreement covering the terms of the City's Plat and PUD
approval.
J. Consideration of approving a Conditional Use Permit for a K -12 School in an R -1
(Single Family Residence) District. Applicant: Holy Spirit Academy /St. Henry's
City Council Minutes —April 14, 2014 Page 4
Church. Recommendation: Approve the Conditional Use Permit for Holy Spirit
Academy, based on findings in Planning Commission Resolution #2014 -034 and
contingent on compliance with the following conditions.
• A detailed sign plan shall be submitted subject to review by City Staff and sign
permit.
• Future site and /or modifications related to an intensification of the school or
church use shall require approval of conditional use permit amendment.
• Internal building modifications shall be subject to buildingpermit as deemed
appropriate by the City Building Official.
BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEMS E, F AND H. LLOYD HILGART SECONDED THE
MOTION. MOTION CARRIED 5 -0.
6. Consideration of items removed from the consent agenda for discussion
5E. Consideration of amending the City's tobacco policy to treat e- cigarettes the same
as other tobacco products
Glen Posusta asked Kitty Baltos to talk about the reasons for bringing this policy
forward. Kitty Baltos pointed out that they have run into several incidents where
Monticello Community Center clients were using e- cigarettes inside the building. The
Monticello Community Center is a family- oriented facility and it does not seem
appropriate to allow any smoking in the building, including e- cigarettes. Clint Herbst
stated that the Community Center Advisory Board concurs with this.
Glen Posusta feels that this is an unnecessary restriction on peoples' rights and read a
quote from Winston Churchill.
Kitty Baltos replied that this policy change is about restricting smoking activities inside
the building and there is a designated outside area where people can still smoke.
GLEN POSUSTA MOVED TO DENY AMENDING THE CITY'S TOBACCO
POLICY. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 3 -2
WITH CLINT HERBST AND LLOYD HILGART VOTING IN OPPOSITION.
SF. Consideration of approving a Special Event Permit allowing use of the city
commuter lot and related assistance in conjunction with Monticello Recycling Day on
May 3, 2014. Applicant. Jason Warhime/Metro Appliance Recycling
Tom Perrault noted that the agenda item included use of the old bowling alley parking lot
for overflow parking, if needed. He asked if the overflow parking at the old bowling
alley would interfere with use of the facility by the soccer association. Clint Herbst
explained that the Monticello Soccer Club is not pursuing use of the old bowling alley at
this time. Tom Perrault also asked about traffic concerns related to the I -94 construction
project and it appeared there are no concerns.
City Council Minutes — April 14, 2014 Page 5
GLEN POSUSTA MOVED TO APPROVE A SPECIAL EVENT PERMIT, WITH FEE
WAIVED, FOR JASON WARHIME/METRO APPLIANCE RECYCLING TO USE
THE CITY COMMUTER LOT AND CITY RESOURCES IN CONJUNCTION WITH
MONTICELLO RECYCLING DAY ON MAY 3, 2014, SUBJECT TO THE
FOLLOWING CONDITIONS. BRIAN STUMPF SECONDED THE MOTION.
MOTION CARRIED 5 -0.
Submission of a site plan for event operations, subject to review of the Street
Superintendent.
Submission of written permission of Muller Theatres property owner to utilize the gravel
area of the Muller Theater parking lot for the day of the event.
Submission of certificate of liability coverage with City named as additional insured for
event.
5H. Consideration of adopting Resolution #2014 -037 approving Final Plat and
Developer's Agreement for Pine View 2nd Addition. Applicant. Kjellberg, gent
Tom Perrault had a question on the date of the irrevocable letter of credit. Angela
Schumann noted that this is a template for the developer to follow and they would need to
fill in a new date, depending on the option they elect for a letter of credit or cash security.
BRIAN STUMPF MOVED TO ADOPT RESOLUTION #2014 -037 APPROVING THE
FINAL PLAT AND DEVELOPER'S AGREEMENT WITH KENT KJELLBERG FOR
PINE VIEW SECOND ADDITION BASED ON THE FINDINGS IN THE
RESOLUTION AND SUBJECT TO THE FOLLOWING CONDITIONS. TOM
PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0.
• The final plat shall be revised to include proper documentation of the vacation of Otter
Creek right of way and drainage and utility easements.
• 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. 11 -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`x`, 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.
• No building permits for lots shall be issued until the City has received satisfaction that
the plat has been recorded at the Wright County Recorder's Office.
• The applicant shall execute a development agreement covering the terms of the City's
Plat and PUD approval.
City Council Minutes —April 14, 2014 Page 6
7. Regular Agenda:
A. Consideration of approving specifications and authorizing advertisement for bids
for replacement of a fire tender truck for the Monticello Fire Department
Jeff O'Neill reviewed this request and explained that this has been in the annual
Capital Improvement Plan for a number of years and it is budgeted to replace a
fire tender truck that has been removed from service. Jeff O'Neill noted that
Engine 1 will serve as a backup after some minor repairs. Fire Chief Steve Joerg
explained that the new tender will replace a 1982 model that is no longer in
service.
Clint Herbst asked about the complex specifications and wondered if there were
any concerns about missing anything during the bidding process. Steve Joerg
stated that he has been involved in bidding on two trucks and the specs are
generic but meant to cover all the needs for a particular vehicle.
Brian Stumpf asked about the general fund lease payments and how that would
work. Wayne Oberg explained a central equipment fund that has been set up for
capital equipment and the repayment process is similar to a lease where the
departments are charged annually to offset the costs of equipment purchases.
BRIAN STUMPF MOVED TO APPROVE SPECIFICATIONS AND
AUTHORIZE ADVERTISEMENT FOR BIDS FOR A NEW FIRE TENDER
TRUCK (MFD #7). LLOYD HILGART SECONDED THE MOTION.
MOTION CARRIED 5 -0.
B. Consideration of approving the use of a portion of the former biosolids propert y
for the Bertram Chain of Lakes Athletic Complex
Jeff O'Neill and staff provided handouts and a presentation for Council
explaining the request to utilize a portion of the biosolids property to reconfigure
the Bertram Chain of Lakes Athletic Complex. Jeff O'Neill noted that the
original plan is a good plan and this change would enhance the plan. Tom Pawelk
discussed considerations of the reconfiguration and the portion of the biosolids
property that would be impacted. The Athletic Complex sub - committee felt that
it was important to explore possible benefits to reconfiguration prior to finalizing
grant applications.
Tom Pawelk spoke briefly about the biosolids property and its use for application
of biosolids. With the recent upgrades to the Wastewater Treatment Facility, the
land applications on the biosolids farm will no longer take place. The full 157
acres of this land will be eligible for other uses in October 2014.
Angela Schumann talking about the conceptual reconfiguration plan which would
utilize a strip of land along the southern portion of the biosolids property for
City Council Minutes —April 14, 2014 Page 7
regulation athletic play fields and would use approximately 26 acres of the
biosolids land. With this shift, approximately 11.5 acres of property within
Bertram Chain of Lakes would be converted from active fields to natural resource
programs. The total number of soccer fields would remain at ten fields while the
total number of softball/baseball fields would increase by two, pending the final
configuration of the southeastern-most field.
Jeff O'Neill reviewed the proposed reconfiguration concept drawings showing the
realignment of some of the athletic fields. Jeff O'Neill pointed out the benefits of
improved parking and traffic flow as well as pedestrian flow with the proposed
layout. With more spacing between fields, it improves the drainage of fields.
This may also allow better alignment of the drive access to the County's camping
area in the park.
Glen Posusta asked about the timeline for phasing in the athletic fields once they
receive grant funding. Jeff O'Neill noted that they would like to wait as long as
possible before they would use the biosolids property so that it can continue to be
farmed for a few more years. Glen Posusta wanted to make sure this would not
interfere with the farm agreement as much as possible.
Angela Schumann briefly spoke on the revenue and cost analysis that has been
done. The value of the 26 acres of biosolids land at current county market value
is $6,018 per acre, or an impact of $156,468 if sold at today's value. If those 26
acres are incorporated into the athletic complex, this could result in a loss of
future land rent each year. At the current lease rate of $225 per acre, the use of 26
acres would amount to a loss of $5,850 per year at current rates. However, there
should be no impact on revenue over the term of the current farm lease. The city
and county will have the opportunity to save approximately $75,000 each in local
match grant funding by reconfiguring this property from the current park
boundary to the biosolids land, depending on state match percentages.
Glen Posusta noted that the farm land is owned by the City and wanted to know if
the Bertram Chain of Lakes would purchase that from the City. Angela
Schumann explained that she is waiting to hear back from the State to find out if
they could apply for a grant to buy back that land and reimburse the sewer fund.
Jeff O'Neill discussed the recommendation that staff is suggesting to set aside 26
acres for use in the future for athletic field development. He noted the biosolids
land will continue to be used for farm land at this time. If this is approved by
Council, the next step will be to refine the concept plan. When development
begins, an amendment will be needed to the City's Comprehensive Plan.
Lloyd Hilgart asked why the Comp Plan would not be changed at this time. Jeff
O'Neill explained that it takes a super majority vote to do that, and the need for
the change has not been affirmed yet. Clint Herbst suggested that this 26 acres be
City Council Minutes —April 14, 2014 Page 8
the last portion to be developed for the athletic complex so that the land can
continue to be farmed for as long as possible.
Roger Pribyl, Monticello resident, spoke in favor of allowing 26 acres of the
biosolids property to be incorporated into the future athletic complex. Roger
Pribyl has been a youth sports promoter for many years and stated that there is a
shortage of fields in town. He would like to see the building of fields given a
priority. Jeff O'Neill noted that the order of which fields would be constructed
first has not been determined.
Lloyd Hilgart asked about the total acreage in the build -out of the fields. Jeff
O'Neill said, under the new concept, it would amount to around 120 acres for the
athletic complex. Lloyd Hilgart asked whether the county would consider paying
for half of the biosolids acreage. That is not known at this time, but Clint Herbst
stated that the county is contributing 50% of the athletic complex which will
largely benefit the Monticello community. Lloyd Hilgart asked if it would be
advantageous to shift the entire athletic complex to the biosolids property, which
would be less expensive to purchase. Jeff O'Neill explained that was discussed
but it may have an adverse effect on Legacy Grant funds. Glen Posusta also noted
that the biosolids farm land will become more valuable as the park develops.
Angela Schumann suggested that if the Council is inclined to approve the
reconfiguration, a contingency be added that the reconfiguration would be subject
to granting agency review as related to current grant awards and applications.
GLEN POSUSTA MOVED FOR ALTERNATIVE #1 APPROVING FUTURE
USE OF A PORTION OF THE BIOSOLIDS PROPERTY FOR BERTRAM
CHAIN OF LAKES ATHLETIC COMPLEX AS DESCRIBED IN THE
RECONFIGURATION ANALYSIS, SUBJECT TO CONTINGENCY OF
GRANTING AGENCY REVIEW AS RELATED TO CURRENT GRANT
AWARDS AND APPLICATIONS; AND THAT THE BIOSOLIDS PROPERTY
BE PHASED INTO THE LATTER PART OF THE DEVELOPMENT OF THE
ATHLETIC COMPLEX. BRIAN STUMPF SECONDED THE MOTION.
MOTION CARRIED 4 -1 WITH TOM PERRAULT VOTING IN OPPOSITION.
Clint Herbst asked Tom Pawelk if there are any plans in mind for development of
the athletic complex. Tom Pawelk explained there is a requirement to develop up
to 40 acres within three years of receiving grant funds. Clint Herbst feels that it is
important to get something going before too long to show the public some of the
amenities that will be available at Bertram Chain of Lakes Regional Park.
C. Consideration of authorizing negotiation of terms of sale of City -owned property
at Otter Creek Business Park to Xcel Energy
Angela Schumann reported that Xcel Energy is interested in acquiring some
property in the Otter Creek Business Park for development of a substation along
City Council Minutes — April 14, 2014 Page 9
their transmission line route. Council is asked to authorize staff and the Land
Sale Team to negotiate with Excel Energy for a potential sale of land.
Angela Schumann pointed out the possible realignment of the Otter Creek
Crossings parcel that would be subdivided if a portion is sold to Xcel Energy.
BRIAN STUMPF FOR ALTERNATIVE #1 AUTHORIZING THE CITY
NEGOTIATIONS TEAM TO CONDUCT PRELIMINARY NEGOTIATIONS
AND REVIEW FEASIBILITY OF POTENTIAL SALE OF PROPERTY AT
OTTER CREEK BUSINESS PARK TO XCEL ENERGY FOR
DEVELOPMENT OF AN ELECTRIC SUBSTATION. GLEN POSUSTA
SECONDED THE MOTION. MOTION CARRIED 5 -0.
8. Added items
• Clint Herbst mentioned that he has received quite a few emails regarding the sex
offender that has moved into the city of Monticello. He explained that the city
has little or no control over this, as this person has completed the terms of their
sentence. This is regulated by the state and the courts.
9. Adjournment
TOM PERRAULT MOVED TO ADJOURN THE MEETING AT 8:36 P.M. LLOYD
HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0.
Recorder: Catherine M. Shuman AL*
Approved: April 28, 2014
Attest:
Ci y ministrator
City Council Minutes — April 14, 2014 Page 10