City Council Minutes 06-23-2014MINUTES
REGULAR MEETING — MONTICELLO CITY COUNCIL
Monday, June 23, 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 — May 27, 2014 Regular Meeting
TOM PERRAULT MOVED TO ACCEPT THE MAY 27, 2014 REGULAR MEETING
MINUTES AS PRESENTED. GLEN POSUSTA SECONDED THE MOTION.
MOTION CARRIED 5 -0.
2B. Approval of Minutes — June 9, 2014 Special Meeting
TOM PERRAULT MOVED TO ACCEPT THE JUNE 9, 2014 SPECIAL MEETING
MINUTES AS PRESENTED. LLOYD HILGART SECONDED THE MOTION.
MOTION CARRIED 5 -0.
2C. Approval of Minutes — June 9, 2014 Regular Meeting
LLOYD HILGART MOVED TO ACCEPT THE JUNE 9, 2014 REGULAR MEETING
MINUTES AS PRESENTED. TOM PERRAULT SECONDED THE MOTION.
MOTION CARRIED 5 -0.
3. Consideration of adding items to the agenda
• Swan River grass mowing (Clint Herbst)
• 7 Fairway Drive nuisance (Brian Stumpf)
4. Citizen comments, public service announcements, and updates
A. Citizen Comments: None
B. Public Service Announcements:
1) Movie in the Park (6/28) — Kitty Baltos reported that Movie in the Park
takes place this Saturday, June 28th in Pioneer Park and is sponsored by
Monti Times. The movie, "Gravity" is free; bring your own lawn chairs
and blankets and mosquito spray. Concessions are available for sale.
Movie starts at dusk around 9:30 p.m. If rain, look for Facebook message
and MCC will reschedule.
City Council Minutes —June 23, 2014 Page 1
2) MCC Block Parry (7/10) — Kitty Baltos announced the Riverfest Block
Party taking place on Thursday, July 10th from 11 a.m. to 1 p.m. on the
south side of the community center. There will be free food and activities.
This is sponsored by the Community Center, City Hall, Senior Center, MN
Army National Guard, FiberNet Monticello, and the Monticello Times.
3) Riverfest (7/10 -13) — Angela Schumann noted that Riverfest activities run
from Thursday, July 10' through Sunday, July 13th. Check out the
website at www.monticellon'verfest.com to get all the details about
Riverfest.
4) "The Legends in Purple" at Hi Way Liquors (7/12) — Rachel Leonard
announced that "The Legends in Purple" will be present at Hi Way
Liquors on Saturday, July 12th. The event features four former Minnesota
Vikings from 1 -2 p.m.
5) Xcel Tree Trimming — Tom Moores updated Council on Xcel's tree
trimming schedule. They have started trimming trees around powerlines
and will continue in another few weeks. Contact Public Works if
questions or concerns.
6) Chipsealing Project — Tom Moores noted that the chip sealing project is
underway and the contractor will be fog sealing very soon. Please watch
for signage in areas at the west end of town such as West River Street, Par
West, Prairie Road and Nicholas Circle.
C. Updates:
1) Public transit service: Trailblazer Transit and MnDOT officials will be
giving a presentation, on Monday, June 30th at 6 PM at St. Michael City
Hall, about the public transit services to be provided in Wright County.
Clint Herbst noted that he has been receiving a number of phone calls
from citizens and he has assured them the city is not dropping transit.
Council members will be attending the meeting on June 30t' and are
bringing questions forward.
Jeff O'Neill explained that River Rider service will be ending June 30th.
Those needing rides can call Trailblazer to find out how they can schedule
a ride. Hoglund Transportation is also available to provide rides to fill the
gap if Trailblazer cannot. Brian Stumpf asked if Hoglund's would be able
to provide service if Trailblazer could not handle rides in Monticello.
Clint Herbst explained that the City has met with Hoglund's, Trailblazer,
and MnDOT to discuss bus service options and express concerns about
providing service in Monticello after June 30th.
5. Consent Agenda:
City Council Minutes —June 23, 2014 Page 2
A. Consideration of approving payment of bills for June 23rd. THIS ITEM WAS
REMOVED FROM THE CONSENT AGENDA.
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 #2014 -063 establishing an Absentee Ballot
Board for the 2014 Elections. Recommendation: Adopt Resolution #2014 -063
establishing an Absentee Ballot Board for the 2014 Elections.
D. Consideration of appointing election judges to serve for the 2014 elections,
including judges for the Absentee Ballot Board and Health Care Facility voting.
Recommendation: Appoint election judges listed as follows for the 2014
elections.
Ahrens, Jerrie
Hoskins, Darla
Anderson, Cindy
Hultberg, Lois
Anderson, Fred
Kendall, Harvey
Bitzer, Gladys
Lenzen, Mary (lead)
Brauch, Donna
Moody, Judy
Broekemeier, Pam
Nesland, MerriJo (Jo)
Carlson, David
Norling, Carol
Dahl, Rosemary (lead)
Norling, Lonnie
DeMarais, Agnes
Opay, Frank
Doucette, Richard
Ordonez, Denise
Duran, Rosanne (lead)
Peters, Diane
Erickson, Keri
Quick, Richard (Head)
Fair, Bill
Rhoades, Alyssa (lead)
Fink, Timothy
Sanborn, James
Gilberts, Lana
Seefeldt, Merrlyn
Gilberts, Mark
Smith, Jeanette
Gillham, Lynnea
Solberg, Darlene
Gordon, Jacquelin
Sonju - Thielman, Patricia
Grabinski, Robert
Spiers, Julie (lead)
Hoffarth, William
Stevenson, Jim
E. Consideration of approving individual pension contribution amount for
Monticello Fire Relief Association members. Recommendation: Approve
setting the individual pension benefit level at $3,100 for current Fire Relief
Association members and the deferral rate at 2.5% for past members.
F. Consideration of approving a Special Event Permit allowing use of city streets
and related assistance for the Downtown Block Party on July 9, 2014. Applicant:
Monticello Chamber /Cornerstone Cafe. Recommendation: Approve the Special
Event Permit allowing temporary closing of Walnut Street from 7:00 AM until
10:00 PM. on Wednesday, July 9b, 2014, including the use of public parking
City Council Minutes —June 23, 2014 Page 3
facilities, staff resources and amenities as described in the Special Event Permit
application, contingent on the following:
• Continued site coordination with Street Superintendent.
• Restoration of the Third Street parking lot to satisfaction of Public Works
department.
• Verification of notification of affected local businesses by permit holder.
• Application for temporary sign permit for wastewater treatment site.
G. Consideration of approving Special Event Permit allowing use of Ellison Park and
related assistance in conjunction with Art in the Park/Taste of Monticello on
Saturday, July 12, 2014. Applicant: Monticello Chamber of Commerce.
Recommendation: Approve the Special Event Permit, with fee waiver, allowing
use of Ellison Park and related assistance in conjunction with the Art in the
Park/Taste of the Town celebration on July 12, 2014, subject to submission of a
certificate of general liability coverage with the City named as additional insured.
H. Consideration of approving Special Event Permit allowing use of Ellison Park,
West Bridge Park, Pioneer Park, and Community Center Parking Lot; use of city
streets for the Riverfest parade; and related assistance in conjunction with the
annual Riverfest celebration on July 12 -13, 2014. Applicant: Riverfest
Committee. Recommendation: Approve the Special Event Permit, with fee
waiver, allowing use of Ellison Park, Pioneer Park, and Community Center
Parking Lot and related City staff assistance in conjunction with the annual
Riverfest celebration on July 10 -13, 2014, contingent on the following:
• Continued site plan and traffic control coordination with Public Works
• Submission of certificate of liability coverage with City named as
additional insured for Ellison and Pioneer Park and Community Center
events
• Lot closure signage and notification in coordination with the Street
Superintendent as needed
I. Consideration of approving a Special Event Permit for outdoor entertainment at
Chatter's Bar & Grill on July 11, 2014. Applicant: Richard Brendsel /West River
Restaurants, Inc. Recommendation: Approve the Special Event Permit for
outdoor entertainment from 9 PM to 1 AM at Chatter's Restaurant Bar & Grill for
July 11 a', 2014.
BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEM A. TOM PERRAULT SECONDED THE MOTION. MOTION
CARRIED 5 -0.
6. Consideration of items removed from the consent agenda for discussion
SA. Consideration of approving payment of bills for June 23rd
City Council Minutes —June 23, 2014 Page 4
Tom Perrault asked why the city is supplying cough drops for first aid kits under Zee
Medical. Wayne Oberg stated that is a FiberNet charge.
Clint Herbst asked about purchase of mailbox posts. Tom Moores explained that these
are for some areas in Hunter's Crossing; the developer defaulted before he completed the
mailbox structures. The City is putting up the cluster mailbox structures to complete the
project. Glen Posusta objected to the City providing the mailboxes and feels that should
be the responsibility of the developer and/or homeowners. Wayne Oberg stated that he
had authorized this expenditure in order to complete the development requirements. City
staff is looking into revisions to the developer agreements to address this issue. Angela
Schumann explained that the letter of credit covers public improvements and may cover
mailboxes. In addition, cash securities were provided. Staff would have to verify which
covered what items and whether the mailboxes could be covered by any existing
securities. Glen Posusta reiterated that he feels the homeowners should purchase their
own mailboxes. Clint Herbst asked staff to report back on possible recovery of costs.
Tom Perrault also asked about an invoice from Mankato Networks LLC for $83,397.77,
and Jeff O'Neill confirmed those purchases were related to the FiberNet 2.0 project.
GLEN POSUSTA MOVED TO APPROVE THE BILL AND PURCHASE REGISTERS
FOR A TOTAL OF $686,211.74. LLOYD HILGART SECONDED THE MOTION.
MOTION CARRIED 5 -0.
7. Regular Agenda:
A. Public Hearing - Consideration of approving the 2013 Storm Water Pollution
Prevention Program (SWPPP) Annual Report
Shibani Bisson provided a presentation regarding the SWPPP program and noted
the public hearing is to educate the public about the program and accept public
input about its storm water activities. The main purpose of the SWPPP program
is to reduce discharge of pollutants into the storm water system. Shibani Bisson
reviewed some of the management actions that the City takes to control storm
water, such as regional ponds and implementing curb and gutter to contain runoff.
The SWPPP addresses six minimum control measures which are reported
annually. Shibani Bisson noted the city has been working on these since 2008:
Public Education and Outreach, Public Participation and Involvement, Illicit
Discharge Detection and Elimination (IDDE), Construction Site Stormwater
Runoff Control, Post - Construction Storm Water Management, and Pollution
Prevention and Good Housekeeping.
Shibani Bisson summarized some of the MS4 program activities conducted during
2013 such as public information, documentation of illicit discharges, and
inspection of storm sewer pollution control devices. Glen Posusta asked why
contractors put up silt fences around the work site area that is not along a street.
Shibani Bisson explained that defines the edge of the property being developed
and that helps control sediment in case of rain. Shibani Bisson noted that for
City Council Minutes —June 23, 2014 Page 5
2014 there are new permit activities related to storm water management that will
be required by the MPCA and will need to be documented in the next annual
report. These new activities involve educational activities, development of
procedures and manuals, revision of existing ordinances, and identification of
training, inspections, and record keeping needs.
Brian Stumpf noted some corrections to the annual report and asked if the State
comes out to do inspections. Shibani Bisson explained that they do random audits
of several cities each month so it is possible that the City could be audited. Brian
Stumpf asked how long the city has been doing the SWPPP annual report and
Shibani Bisson stated that this has been in place since 2008.
Shibani Bisson suggested that the city consider a storm water fee be created to
help fund the expenditures of keeping up with these new regulations. Clint Herbst
indicated that he would prefer a budgeted tax levy increase rather than another
line item fee for residents to pay on their bill. Clint Herbst asked about storm
water holding in older areas that drain stormwater directly into the river. Shibani
explained that is not a requirement at this time but probably will be eventually.
Mayor Herbst opened the public hearing. As there were no comments, the public
hearing was closed.
BRIAN STUMPF MOVED FOR ALTERNATIVE #1 APPROVING THE 2013
SWPPP ANNUAL REPORT AND AUTHORIZING SUBMITTAL TO THE MN
POLLUTION CONTROL AGENCY BY JUNE 30, 2014. TOM PERRAULT
SECONDED THE MOTION. MOTION CARRIED 5 -0.
B. Consideration of adopting Resolution #2014 -064 ap rp oving a lease aueement
with Verizon Wireless for a Wireless Telecommunications Monopole, CitX
Project No. ZTOWER
Shibani Bisson reviewed the Lease Agreement and Memorandum to Lease
Agreement that Verizon has agreed to and signed. The key terms include:
• Verizon to make rental payments to the City in the amount of $24,000 per
year for 10 years.
• Annual rental will be increased by 3% each year.
• Rental shall be reduced by $1,800 per year ($150 per month) in the event
that Sprint, T- Mobile, or AT &T lease space on the tower from the City.
• The agreement automatically extends for four additional five -year terms
unless Verizon or the City terminates the agreement in writing.
• City agrees to diligently complete construction of the tower by September
30, 2014.
• City to provide access to the site at all times for installation and
maintenance of equipment.
City Council Minutes —June 23, 2014 Page 6
Clint Herbst asked about the reduction in price should another
telecommunications company co- locate with Verizon. Shibani Bisson explained
that would reduce the amount Verizon would pay and would apply to up to two
other co- locates. Shibani Bisson briefly talked about the process for determining
the structure of the tower and the decision to not locate microwave dishes on the
monopole.
Tom Perrault asked questions about the lease agreement: In Section 10
(Insurance), he wondered how much the general liability insurance would cost the
City. Wayne Oberg said that would be a minimal cost of about $2400 per year for
the city's property and liability. Tom asked if there would a tax liability to the
City; Wayne indicated that tax on the tower would be the responsibility of
Verizon.
GLEN POSUSTA MOVED FOR ALTERNATIVE #1 TO ADOPT
RESOLUTION #2014 -064 APPROVING A LEASE AGREEMENT WITH
VERIZON WIRELESS FOR CO- LOCATION ON A WIRELESS
TELECOMMUNICATIONS MONOPOLE, CITY PROJECT NO. ZTOWER.
BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0.
C. Consideration of adopting Resolution #2014 -065 accepting bids and awarding
contract(s) for a Wireless Telecommunications Monopole, City Project No.
ZTOWER
Shibani Bisson summarized the process of advertising for bids and subsequent
receipt of five bids in a range from $118,933.00 to $268,837.00. The lowest
responsible bidder at $118,933 is Structural Tower Services out of Becker MN.
Shibani was referred to this company by Hennepin County; the bid from
Structural Tower is much lower because they are located close by. Shibani
Bisson briefly explained the process for construction and erection of the tower
with a construction deadline of September 30t`.
Glen Posusta asked how the tower will be erected to the height of 170 feet.
Shibani Bisson explained that it is done in sections using a crane.
LLOYD HILGART MOVED FOR ALTERNATIVE #1 TO ADOPT
RESOLUTION #2014 -065 ACCEPTING BIDS AND AWARDING
CONTRACT STRUCTURAL TOWER SERVICES OF BECKER, MN IN THE
AMOUNT OF $118,933 FOR A WIRELESS TELECOMMUNICATIONS
MONOPOLE, CITY PROJECT NO. ZTOWER. GLEN POSUSTA SECONDED
THE MOTION. MOTION CARRIED 5 -0.
D. Consideration of Analysis related to Interim Ordinance #590, an interim
ordinance allowing Places of Public Assembly on a temporary basis as a principal
or accessory use in a B -3 (Highway Business ) District
City Council Minutes —June 23, 2014 Page 7
Angela Schumann gave a presentation outlining the history of Interim Ordinance
No. 590 that was granted for a religious organization (Faith Family Life Center)
to temporarily occupy a building in a B -3 District, which does not permit "Places
of Public Assembly." With approval of an interim ordinance, city staff was
essentially utilizing MN Statute 462.355, Subd. 4, known as the "Moratorium"
statute. Under this statute, a city can establish interim zoning to allow time to
study an issue and decide whether new rules should be adopted. City staff and
Northwest Associated Consultants conducted a study of the use for "Places of
Public Assembly," and presented their findings to the Planning Commission on
June 3rd, 2014.
The Planning Commission decision was to not amend the zoning ordinance and
allow the Interim Use Permit, which was granted earlier, to expire in August as
scheduled.
Clint Herbst allowed Mark Lillo from Family Faith Life Center to speak, however
the Mayor indicated that the interim use at 3939 Chelsea Road West was
approved on a temporary basis only and was not intended for long -term use.
Mark Lillo requested Council to consider allowing Family Faith Life Center to
expand to a multiple use in addition to church services; such uses to possibly
include counseling and other family services, youth services including a gym and
trampoline park, and possible other miscellaneous services such as offices, a
conference center, and oil changes. Although it would become a tax exempt
facility, Lillo stated that his organization does contribute back to the community
and is willing to make recompense for the loss of tax dollars.
Glen Posusta commented that he does not agree with rezoning of this property
and does not feel this is the right location for the types of uses as proposed. Mark
Lillo stated that he knows of two other churches that tried to locate in Monticello
but could not find a location and ended up across the river in Sherburne County.
Glen Posusta said there are quite a number of churches already located in
Monticello and there are appropriate areas zoned for them.
Tom Perrault asked if an interim use permit could have various term lengths or be
open- ended. He expressed concern over the building being left empty. Angela
Schumann explained that interim use permits (IUPs) are intended to have a
termination date and are not renewable. A new application process would be
required. Angela added that the Council has the option of calling for a public
hearing for ordinance amendment or to deny calling for hearing.. The applicant
can also request a public hearing to consider a change to the zoning ordinance.
Mark Lillo thinks this could be a win -win for both his church and the city, such
that the building is in use rather than sitting empty. Clint Herbst stated again that
he is not in favor of this location and encouraged Lillo to look at another site in
Monticello to expand their services.
City Council Minutes —June 23, 2014 Page 8
Lloyd Hilgart agreed that the church should be located somewhere else and would
like to see an auto type of business in this location.
Clint Herbst asked for other comments from Council. Tom Perrault asked what
the purpose of a public hearing would be; Lloyd Hilgart explained that would be
to consider an ordinance amendment to allow "Places of Public Assembly" in a
B -3 zone as a permitted use.
LLOYD HILGART MOVED FOR ALTERNATIVE # 2 DENYING A CALL
FOR A PUBLIC HEARING AND PERMITTING THE CURRENT INTERIM
ORDINANCE TO EXPIRE AT THE END OF AUGUST 2014, AND DIRECT
STAFF TO PREPARE A RESOLUTION OF FINDINGS FOR DENIAL TO BE
BROUGHT BACK TO COUNCIL FOR ADOPTION. GLEN POSUSTA
SECONDED THE MOTION. MOTION CARRIED 5 -0.
Tom Perrault asked if it would be possible to extend the IUP for Faith Family Life
Center. Angela Schumann explained that the IUP cannot be extended; it expires
on the termination date along with the Interim Ordinance No. 590. If the
applicant wishes, they have the option of requesting a public hearing to consider
an ordinance amendment that would allow this use in a B -3 zone.
8. Added items
• Swan River grass mowing — Clint Herbst noted that the length of the grass at
Swan River's lot is still really long in places. Angela Schumann indicated that a
notice was sent requesting that the lot be mowed. Staff is checking on the status
of the mowing. Clint Herbst commented that he is not impressed with the look
and was concerned about the plan to use native plantings on this lot.
• 7 Fairway Drive nuisance — Brian Stumpf brought up this item because he had a
phone call from a neighboring property of 7 Fairway Drive. The court hearing on
the nuisance was held today but Angela Schumann has not received an update at
this time. Brian Stumpf said he had explained to the caller that the City is
working on it.
9. Adjournment
BRIAN STUMPF MOVED TO ADJOURN THE MEETING AT 8:22 P.M. GLEN
POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0.
Recorder: Catherine M. Shuman (,&L J
Approved: July 14, 2014
Attest: Q
City Administrator
City Council Minutes —June 23, 2014 Page 9