City Council Minutes 01-10-2011MINUTES
REGULAR MEETING — MONTICELLO CITY COUNCIL
Monday, January 10, 2011 — 7 p.m.
Present: Clint Herbst, Lloyd Hilgart, Tom Perrault, Brian Stumpf
Absent: Glen Posusta
1. Administer Oath of Office to newly elected officials
City Administrator Jeff O'Neill administered the oath of office to Councilmembers Lloyd
Hilgart and Brian Stumpf and Mayor Clint Herbst.
IA. Call to Order and Pledge of Allegiance
Mayor Herbst called the meeting to order at 7:04 p.m. and declared a quorum present.
The Pledge of Allegiance was recited.
1B. Moment of silence in memory of Richard Slais
Mayor Herbst requested a moment of silence to be observed in memory of Dick Slais, a
long time resident who served on the Police Commission in addition to being active in
the community.
2A. Approval of Minutes — December 13, 2010 Special MeetinE
BRIAN STUMPF MOVED TO ACCEPT THE MINUTES OF THE DECEMBER 13,
2010 SPECIAL MEETING AS PRESENTED. TOM PERRAULT SECONDED THE
MOTION. MOTION CARRIED 4 -0.
2B. Approval of Minutes — December 13, 2010 Regular Meeting
BRIAN STUMPF MOVED TO ACCEPT THE MINUTES OF THE DECEMBER 13,
2010 REGULAR MEETING AS PRESENTED. TOM PERRAULT SECONDED THE
MOTION. MOTION CARRIED 4 -0.
2C. Approval of Minutes — December 23, 2010 Special Meeting
TOM PERRAULT MOVED TO ACCEPT THE MINUTES OF THE DECEMBER 23,
2010 SPECIAL MEETING AS PRESENTED. BRIAN STUMPF SECONDED THE
MOTION. MOTION CARRIED 4 -0.
3. Consideration of adding items to the agenda
The following item was added to the regular agenda: a) snowplowing budget.
4. Citizen comments, public service announcements, and staff updates
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a. Citizen Comments: (none)
b. Public Service Announcements:
1) MLK Holiday hours (1/17) — Cathy Shuman reported the holiday hours as
follows: City Hall, Public Works, FiberNet Head -end: Closed
FiberNet Office: 8 am — 5:30 pm
DMV: 8 am — 4:30 pm
Hi -Way Liquors: 9 am —10 pm
MCC: 5 am — 10 pm
2) BR &E Community Commencement meeting — Megan Barnett reminded
of the BR &E Community Meeting on January 18 in conjunction with the
Chamber Luncheon.
3) Online Park Survey — Angela Schumann invited community members to
complete the online survey starting this Friday on the City website. Brian
Stumpf asked if the changes requested by Parks Commission had been
incorporated into the survey; was confirmed by Angela Schumann.
4) Have a Heart for Bertram Snow sculpture contest (2/12) — MCC
announces this free family event from noon to 2 pm on February 12.
Participants can register at MCC. The top prize is a 3 month family
membership to MCC. The event is sponsored by the Friends of Bertram.
C. Staff Updates: (none)
5. Consent Agenda:
A. Consideration of approving new hires and departures for City departments.
Recommendation: Ratify new hires and terminations for Finance, MCC, and
FiberNet.
B. Consideration of approving 2011 Wright County Annual Highway Maintenance
agreement. Recommendation: Approve the 2011 Maintenance Agreement with
compensation to the City at $19,058.66.
C. Consideration of approving an application for a temporary on -sale liquor license
for the Monticello Lions Club for Frostbite Challenge on January 22, 2011.
Recommendation: Approve application for temporary liquor license for the
Monticello Lions on January 22nd. (certificate of insurance has been provided)
D. Consideration of appointing a representative to the Industrial and Economic
Development Commission (IEDC) for a 3 -year term. Recommendation:
Approve appointment of Joni Pawelk to a 3 -year term on the IEDC expiring
December 31, 2013.
E. Consideration of adopting Resolution #2011 -02 approving final payment to Knife
River and accepting work on the Fallon Avenue Pavement Rehabilitation
Improvements, City Project No. 09C005. Recommendation: Adopt Resolution
City Council Minutes — January 10, 2011 Page 2
2011 -02 accepting improvements and approving final payment of $7,944.59 to
Knife River.
F. Consideration of continuing the Business Expansion Incentive Program for 2011.
Recommendation: Extend the Business Expansion Pilot Program through
December 31, 2011 with a total project cap of $30,000 and individual applicant
limit of $5,000.
G. Consideration of approving Letter to Federal Agency relating to Nuclear waste
management. Recommendation: Approve letter to Federal Agency.
Mayor Herbst asked Megan Barnett to include information on the Business Expansion
Incentive Program in her next business newsletter.
TOM PERRAULT MOVED TO ACCEPT THE CONSENT AGENDA WITH NO
CHANGES. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 4-
0.
6. Consideration of items removed from the consent agenda for discussion
No items were removed from the consent agenda.
Public Hearing - Consideration of adopting Ordinance 4522 amending Title 10 of
the Monticello City Code - Zoning Ordinance and amending the City's official
Zoning Map
Angela Schumann presented the final draft of the Title 10 Zoning Code revision. She
summarized the process from the approval for the revision in 2009, setting goals, RFP
with MFRA selected, steering committee selection, and establish scope of work. Angela
Schumann pointed out the communication process using open houses, steering committee
meetings, newsletters, web and email updates, public meetings, review by City Attorney
and DNR, and joint meeting with Council and Planning Commission. Angela Schumann
turned the presentation over to Ben Gozola, lead project consultant with MFRA.
Ben provided a general overview of the new Zoning Code including: (a) new formatting,
with headings, tables, illustrations, distinctive coloring, and links, which will be useful in
the electronic version; (b) transitional regulations, which help bridge the move from the
old to the new code; (c) decision - malting process and application process; (d) specific
review procedures and requirements; (e) zoning districts and descriptions; (f) overlay
district information; (g) finishing standards including tree protection, exterior lighting,
underground utilities, transition features, and wind power generators; (h) uses within
districts — primary, accessory, and temporary; (i) specific requirements for uses; 0)
nonconformities; (k) enforcement of code; and (1) rules and definitions and glossary of
abbreviations.
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Ben also noted that a new Zoning Map also needs to be adopted as part of the zoning
revision process. He explained the process for identifying parcels that would need to be
rezoned and how the recommendations were made for rezoning. Ben addressed the new
freeway bonus sign district map, which is an area adjacent to the freeway through the
length of the City.
Angela Schumann continued the presentation noting the public hearings held to review
the proposed zoning code: November 17th — discussion of Chapters 1 -3; December 7th —
discussion of Chapter 4; and January 4th — discussion of Chapters 5 -8. Council is being
asked to adopt the new Zoning Ordinance text tonight. It is intended to present the
Official Zoning Map for approval on January 24th. Following approval of both the text
and map, it is proposed to publish a summary ordinance, which is also being presented to
Council for approval. Angela pointed out that revised copies of the proposed ordinances
were handed out to Council to reflect these proposed actions.
Angela Schumann explained that the new zoning code will be a working document,
subject to changes as needed. Workshops will be held in the near future to address some
of the rezoning that will be taking place. In addition, the CCD and CCD -R zoning will
be looked at when the Embrace Downtown study is completed and the shoreland and
scenic zoning will be addressed after the DNR completes their review. The "reserved"
sections denote areas that need further refinement. City staff will be preparing new
internal documents to streamline the planning process in conjunction with the new zoning
code. The new code will be available online in a new, easy to use format. This will lead
to electronic processing of documents associated with planning.
Angela Schumann noted that the Planning Commission unanimously recommended
approval of the new zoning code and map. The City Attorney has reviewed the new
zoning code text and recommends approval.
Tom Perrault suggested that the letter "I" and number "1" on the proposed map be
changed as they appear the same. Tom also noted the zoning of the schools are
inconsistent, as some are in agricultural and some are in other zones.
Planning Commission Chair Rod Dragsten stated that the Planning Commission opted to
leave the schools in the existing zoning designations, even though they are not all the
same designations, as those are allowable designations.
Brian Stumpf asked how the steering committee dealt with the parcels that were in PZM
zones. Ben explained that they looked at the most reasonable zoning districts that were
relative to the existing uses to keep them as conforming uses. If properties were
nonconforming use in the PZM zone, they were assigned zoning that was consistent with
the area but left them as nonconforming. Angela Schumann explained that, in the future,
those properties with nonconforming uses would be dealt with when they change hands
or the use changes.
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Mayor Herbst complimented staff and the steering committee on the job that was done on
the rezoning process. Mr. Dragsten also complimented Ben Gozola and Angela
Schumann for all their work and help in keeping the steering committee updated and
keeping the project on task. He feels this document will serve the City for many years to
come and is an excellent working document. Angela Schumann noted that, over the next
three to four months, there will be a number of amendments being brought to Council for
approval. This is part of the transition process from the old code to the new code.
LLOYD HILGART MOVED TO APPROVE ALTERNATIVE #1 ADOPTING
ORDINANCE #522 AMENDING TITLE 10 OF THE MONTICELLO ZONING CODE,
SUBJECT TO THE FOLLOWING EXCEPTIONS, AND ADOPTING THE OFFICIAL
MONTICELLO ZONING MAP. BRIAN STUMPF SECONDED THE MOTION.
MOTION CARRIED 3 -1 WITH TOM PERRAULT VOTING IN OPPOSITION.
MOTION FAILED FOR REZONING OF PARCELS ON OFFICIAL ZONING MAP
AS THE ACTION REQUIRES A SUPER MAJORITY VOTE.
Exceptions: a. Exempt Section 3.7(C) — Floodplain and 3.7 (E) — Shoreland
b. Adopt existing Chapter 18 (Flood Plain Management) and 27
(Mississippi Wild & Scenic) by reference.
7A. Consideration of adopting Ordinance #522A approving summary publication of
Title 10, the new Zoning Ordinance
(Did not address this item — bring back for next meeting.)
8. Consideration of approving annual appointments and designations for 2011
Mayor Herbst noted that there are 2 areas to be filled in with Council representatives:
Embrace Downtown and MCC Building Improvements Committee. Tom Perrault and
Lloyd Hilgart will serve on the Embrace Downtown committee, and Glen Posusta and
Lloyd Hilgart will serve on the MCC Building Improvements Committee. Tom Perrault
pointed out that he has been serving as a representative on the Safety Committee.
BRIAN STUMPF MOVED TO ACCEPT ALTERNATIVE #1 APPROVING THE
ANNUAL APPOINTMENTS AND DESIGNATIONS WITH THE ADDITIONS FOR
THE NEW COMMITTEES. LLOYD HILGART SECONDED THE MOTION.
MOTION CARRIED 4 -0.
9. Consideration of authorizing funding share of cost to conduct appraisal of YMCA
property identified for acquisition in conjunction with Bertram Chain of Lakes
Regional Park development
Jeff O'Neill explained the purpose of the request for funding to identify the appraised value of the
land in order to seek grants and opportunities for funding sources for the YMCA property. Jeff
O'Neill noted that the State will fund their share only if it is shown that the land is fairly valued.
Lloyd Hilgart asked what would happen if land values come in lower. Clint Herbst noted that this
is a concern as they want to keep moving on this but don't want to pay more than they should for
City Council Minutes — January 10, 2011 Page 5
the property. They are hoping to negotiate a plan with the YMCA for shared use of the beach
area during the process of purchasing the land.
Tom Perrault asked about the use of funds from the Consolidated Bond fund and the source of
those funds.
BRIAN STUMPF MOVED TO ACCEPT ALTERNATIVE #1 APPROVING FUNDING FOR
ONE - FOURTH OF THE COST TO CONDUCT AN APPRAISAL ON THE YMCA
PROPERTY AT A COST OF $1,875. LLOYD HILGART SECONDED THE MOTION.
MOTION CARRIED 4 -0.
10. Added items
a) Snowplowing Budget — Tom Perrault was wondering about the impact of the snow
removal in December on the budget for 2010. Tom Moores explained that he doesn't
know the actual numbers yet, but they are within the budget. He noted that the staff
has worked a lot on weekends but took some time off during the week to reduce the
amount of overtime. Brian Stumpf asked if they have been able to keep up with other
work. Tom Moores said that they have managed to get other work done between
storms. Tom Moories explained that it is a balancing act using all of the public works
departments, not just streets personnel.
11. Approve payment of bills for January 10th
Tom Perrault commented that there were a lot of clothing purchases again.
BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS FOR
JANUARY 10'. LLOYD HILGART SECONDED THE MOTION. MOTION
CARRIED 4 -0 TO PAY THE BILL REGISTERS TOTALING $568,189.58.
12. Adiournment
TOM PERRAULT MOVED TO ADJOURN THE MEETING AT 8:10 P.M. LLOYD
HILGART SECONDED THE MOTION. MOTION CARRIED 4 -0.
Recorder: Catherine M. Shuman 69J
Approved: January 24, 2011
Attest: 6&u ty min
City Council Minutes — January 10, 2011 Page 6