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City Council Minutes 04-25-2011MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, April 25, 2011— 7 p.m. 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 — April 11, 2011 Regular Meeting BRIAN STUMPF MOVED TO ACCEPT THE MINUTES OF THE APRIL 11, 2011 REGULAR MEETING AS CORRECTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 3. Consideration of adding items to the agenda The following items were added to the regular agenda: a) National Day of Prayer and b) pavers along Walnut Street. 4. Citizen comments, public service announcements, and staff updates a. Citizen Comments: None b. Public Service Announcements: 1) Hi Way Liquor Wine Tasting (4/29) — Tom Kelly announced the Spring Wine Tasting coming up at the Community Center. Over 90 wines will be featured with catering by Reichel's. There are many door prizes. Tickets are $20 at Hi Way Liquors. 2) Leaf Pickup (5/7) — Bob Paschke announced that leaf pickup starts at 7 a.m. on Saturday, May 7. Have bagged leaves at curbside or can take leaves to city compost site. 3) All City Garage Sale (5/14) — Jeff O'Neill reported on the annual all -city garage sale. Residents can sign up with Chamber of Commerce. Check their website for details. Glen Posusta reminded residents to take down their garage sales signs at the end of the day. C. Staff Updates: 1) Building Department update (Permits, Rental, Nuisance) — Ron Hackenmueller gave a presentation on building department activities. He compared building permits from 2009 to 2010. Total valuation of permits that were handled by building department was down by 22% overall; however commercial valuations increased by 52 %. Comparing costs to City Council Minutes —April 25, 2011 Page 1 surrounding cities, the City permit costs are very similar to Big Lake, Elk River and St Michael. Overall, the City of Monticello offers the best price for a building permit. The rental ordinance has been in place since 2007. There has been a significant increase in the number of licenses issued for rental properties showing that there is better understanding of the ordinance now. For emergency preparedness, the city is working on a natural disaster plan with a team consisting of Chief Building Official, City Engineer, Public Works Director, Fire Chief, and City Administrator or Community Development Director. Ron Hackenmueller meets with the school district on May 18 to discuss nuclear emergency preparedness, with a practice drill on July 12. Ron Hackenmueller monitored the river elevations with the recent spring melting and flooding. In 2010, the building department handled 505 property nuisance violations, with grass and weeds being the biggest issue. There are still several properties to deal with from the storm damage several years ago. The department responded to over 120 questions from the website Help Desk in 2010. This is in addition to walk -ins, phone calls and miscellaneous emails covering a wide variety of areas including blights, building permits, flooding, inoperable vehicles, other permits, and city regulations. Goals of the department are to establish good rapport with developers, educate residential homeowners, perform thorough plan reviews, inventory homes under foreclosure and with nuisance issues, improve rental licensing process, research plan review process for home improvements, update code books, create checklist for documents needed with permits, complete at least one NIMS course, and organize filing system. Jeff O'Neill asked about process for nuisance control. Ron Hackenmueller explained that they address complaints but would like to put into place a process to inventory problems before there are complaints. Clint Herbst noted that the large portable signs do not belong on residential property. Ron Hackenmueller said that the two owners with signs on their yards have been contacted and the signs will be moved. Council complimented Ron Hackenmueller on the fine job that he has been doing. 5. Consent Agenda: A. 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 Parks, Streets, Water /Sewer, MCC, Finance, and FiberNet. City Council Minutes — April 25, 2011 Page 2 C. Consideration of adopting Resolution #2011 -28 approving contribution from Tom Perrault for the General Fund. Recommendation: Adopt Resolution #2011 -28 approving donation of $250 from Tom Perrault for the General Fund. D. Consideration of adopting Resolution #2011 -29 approving contributions from Cargill Kitchen Solutions for a community garden, Bertram Family Fun Day, and decorative plantings on CSAH 75 median. Recommendation: Adopt Resolution #2011 -29 approving donations of $500 each to go towards a community garden, Bertram Family Fun Day, and decorative plantings on CSAH 75 median. E. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA F. Consideration of approving an application for a temporary charitable gambling license in conjunction with a Rotary golf event on June 6, 2011. Recommendation: Approve application for a temporary charitable gambling license for a raffle on June 6, 2011. G. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA H. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA I. Consideration of ratifying the FiberNet services rate structure for 2010 -2011 as approved by the FiberNet Advisory Board. Recommendation: Ratify the FiberNet services rate structure for 2010 to 2011 as follows: FNM INTERNET One Service Two Services Three Services 10/10 Mbps $29.95/mo $27.95/mo $24.95/mo 20/20 Mbps $34.95/mo $33.45/mo $32.45/mo 30/30 Mbps $52.95/mo $50.70 /mo $49.20/mo 50/50 Mbps $95.35/mo $91.30/mo $88.60/mo FNM TELEPHONE Standard $21.20/mo I $20.30 /mo $19.70/mo (Includes: call waiting, 3 -way calling, selective call rejection, metro calling area) FNM VIDEO /TV Monticello Basis $13.80/mo $13.20/mo $12.80/mo Monticello Expanded $46.85/mo $44.85/mo $43.55/mo Monticello Expanded Plus $58.80/mo $56.80/mo $55.50/mo (1 free set -top box rental in included — Gateway fee may apply.) Long Distance =.05 /minute *Upgrades and additional services are available with all of the above options. BUSINESS TELEPHONE Basic Line $43.85/mo Trunk $78.00 /mo Caller ID $9.35/mo City Council Minutes —April 25, 2011 Page 3 Voice Mail I $7.75/mo Standard Upgrade Features I $1.50 /mo I Perfeature (Features include: Anonymous call rejection, Caller ID & blocking, Call forwarding (various options), Call reminder, Call screening, Call waiting, Direct Connect, Distinctive ringing, Personal ring, Selective call acceptance.) Long Distance = .05 /minute BUSINESS INTERNET 10 Mops $41.95/mo 20 Mbps $69.96/mo 30 Mbps $99.95/mo 100 Mbps $199.95/mo J. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA K. Consideration of approving vehicle specifications and authorizing purchase of a Hook Truck based on state contract pricing. Recommendation: Approve the specifications and authorize purchases as follows for a grand total of $24,654.59. Mack GU812 truckfrom Ness Truck & Equipment for $105,058.44; may trade in the 1992 Ford L8000, with the option to advertise on sealed bids for a better price, prior to the trade in date Stellar shuttle hook hoist from Crysteel Truck Equipment for $24,910.73 Falls plow equipment, Towmaster dumpbody, Swensen v -box sander and all hydraulic components from Towmaster Truck Equipment; all components to be installed by Towmaster Truck Equipment for $114,685.42 L. Consideration of approving submittal of application to achieve ETC (Eligible Telecommunications Carrier) status enabling funding of improvements necessary to provide telecommunication services to underserved population. Recommendation: Approve submittal of application for ETC (Eligible Telecommunications Carrier) status and approve the draft two year plan. GLEN POSUSTA MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS A, E, G, H AND J. BRIAN STUMPF 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 April 25`h Glen Posusta wanted to know why the City is paying Olson & Sons $160 for replacing a lamp in the MCC parking lot, when Public Works has a bucket truck. Tom Kelly explained MCC did not realize that Public Works could do this and will be using them in the future. Tom Perrault noted that only two mailboxes had to be replaced with all the snow removal this year, which was complimentary to public works staff. City Cou nci I Minutes —April 25, 2011 Page 4 GLEN POSUSTA MOVED TO APPROVE THE PAYMENT OF THE BILLS FOR APRIL 25T ". LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0 TO PAY THE BILL REGISTERS TOTALING $862,750.18. ME. Consideration of adopting Resolution #2011 -30 approving contribution from FiberNet Monticello for the Bertram Family Fun Day Tom Perrault pulled this item because he does not support the Family Fun Day donation from FiberNet. BRIAN STUMPF MOVED TO ADOPT RESOLUTION #2011 -30 APPROVING THE CONTRIBUTION FROM FIBERNET IN THE AMOUNT OF $500 FOR BERTRAM FAMILY FUN DAY. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH TOM PERRAULT VOTING IN OPPOSITION. #5G. Consideration of allowing a community food garden on city property at the Monticello Help CenteY/DMV Glen Posusta does not feel that it is a good idea to remove the sod from the Help Center lawn to put in a community garden and then have to replace /reseed the lawn again in a few years. He would also like to see a place with more space and was concerned about who was going to keep up with the weeding and care. CLINT HERBST MOVED TO ALLOW A COMMUNITY FOOD GARDEN TO BE LOCATED ON CITY PROPERTY AT THE MONTICELLO HELP CENTER/DMV BUILDING; WITH A PORTION OF THE CARGILL DONATION TO BE ESCROWED FOR POTENTIAL RE- SEEDING COSTS AT A FUTURE TIME. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH TOM PERRAULT VOTING IN OPPOSITION. #5H. Consideration of adjusting assessments for street lighting and sidewalk on Lot], Block I and Lot], Block 2, Amax Addition in conjunction with Cedar Street Improvements, City Project No. 2002 -06C Glen Posusta removed this item because he will be abstaining from voting on this item. Jeff O'Neill briefly explained that this item proposed to correct some assessments that were assigned to Amax Addition that should be removed. BRIAN STUMPF MOVED TO ADJUST ASSESSMENTS FOR STREET LIGHTING AND SIDEWALK RELATED TO CITY PROJECT NO. 2002 -06C WITH A CREDIT OF $8,733.63 APPLIED TO REMAINING ASSESSMENTS ON LOT 1, BLOCK2.OF AMAX ADDITION AND REMOVAL OF THE DEFERRED BALANCE OF $5,558.36 ON LOT 1, BLOCK 2 OF AMAX ADDITION. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 4 -0. (GLEN POSUSTA ABSTAINED FROM VOTING.) City Council Minutes —April 25, 2011 Page 5 #SJ. Consideration of accepting proposals and awarding contract for upgrade of Liquor Store Point -of -Sale and Inventory Management System and hardware Glen Posusta questioned the pricing structure and asked what was actually being proposed for purchasing. Randall explained what the Liquor Store is attempting to do in upgrading their system and their preference to continue using the ARS system software. Tom Kelly explained that the City may utilize the quotes from both ARS and Doug Lyseng when ordering equipment to get the best prices. GLEN POSUSTA MOVED TO ACCEPT PROPOSALS AND AWARD CONTRACT FOR UPGRADE OF LIQUOR STORE POS/IMS SYSTEM TO ARS SYSTEMS AND CONTRACT FOR HARDWARE TO ARSS AND /OR DOUG LYSENG AT A MAXIMUM AMOUNT OF $20,600 PLUS TAX FOR HARDWARE AND SOFTWARE. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 7. Public Hearing_— Addition (9960 Weston Drive); Applicant, Kenneth Hutchinson Bruce Westby introduced this item by reviewing the call for a public hearing at the April I lm Council meeting and mailing of notices to affected residents on April 13. Bruce Westby explained that the homeowner wishes to construct a porch on the back of his home, which would extend into the utility easement. The homeowner first contacted Great River Energy, who agreed to vacate a portion of their private easement. The homeowner then asked the City to vacate a portion of the drainage and utility easements in their back yard, which is being considered at this time. Council discussed whether they should require Mr. Hutchinson to pay the $125 fee for the easement vacation request. It was felt that it would not be fair to have him pay the vacation fee since the Council authorized city staff to investigate vacating a portion of the easements in the entire powerline corridor so the other homeowners would not need to file individual applications and pay the fee. Mayor Herbst opened the Public Hearing. There were no comments so he closed the hearing. Tom Perrault questioned the process of reimbursing Mr. Hutchinson and doing a blanket vacation for the remaining properties. GLEN POSUSTA MOVED TO ADOPT RESOLUTION 42011 -31 VACATING A PORTION OF DRAINAGE AND UTILITY EASEMENTS FOR LOT 19, BLOCK 3, GROVELAND 2ND ADDITION AS PETITIONED BY THE PROPERTY OWNER; SUBJECT TO EXECUTION OF A HOLD HARMLESS AGREEMENT WITH THE CITY; AND THE CITY SHALL REIMBURSE THE $125 FEE TO THE City Council Minutes —April 25, 2011 Page 6 HOMEOWNER. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 8. Public Hearing — Consideration of adopting Resolution #2011 -32 vacating a portion IRET Properties Angela Schumann summarized the call for a public hearing on April 11 and mailing of notices to area owners on April 13. She noted the proposed easement vacation area requested for Lot 6, Block 1, Monticello Travel Center 2 "d Addition. Angela Schumann explained the proposed plans for the property and the need for vacating a portion of the easement area. The current easement is a remnant from the previous alignment of Oakwood and Cedar Streets. Angela summarized previous zoning adjustments made on this property. There are private utilities in the easement area and the property owner, or their buyer, would be responsible for relocating those utilities. Mayor Herbst asked if the property was currently zoned to meet the developer's plans. Angela Schumann noted that it would need to be rezoned from B3 to B4 under the new Zoning Code. Mayor Herbst opened the Public Hearing. Matt Volpano from IRET Properties explained that they currently own the site and are negotiating with a potential buyer to purchase the property subject to meeting some of the requirements such as this easement vacation. Clint Herbst asked Mr. Volpano about previous plans for a Wendy's Restaurant on this lot. Mr. Volpano noted that proposal was before his time with the company. Clint Herbst noted that the City had given 6,000 square feet of land to IRET Properties to assist in the development of the area to accommodate Wendy's and would like to see this option revisited. Clint expressed concerns about the proposed business and rezoning needed to make this plan work. Glen Posusta concurred and stated that he did not feel that the building design would fit in well with existing buildings in the area. Brian Stumpf asked how much B4 zoning was in the area. Angela Schumann explained that the Travel Center 2 "d Addition had historically been a B3 zone. However with the new zoning code, B3 is more directed at retail whereas B4 includes auto - related businesses. B4 zoning grants more flexibility to a developer. Brian also asked how the proposed building at 6800 square feet would fit on this lot which was previously designed for a 3200 square foot building. Angela noted that the former plans for Wendy's would have called for much more parking for the use as a restaurant. The proposed use would not require nearly as much parking. Angela Schumann went on to explain the proposed plans for Lot 6; the easement vacation is requested in order to expand the parking area and accommodate space needed in back by the loading dock. Eric Mundt, project architect for the proposed NAPA, explained why this is needed for the configuration of the building on the land. The developer would need to secure approval of their plans and zoning request from the City in order to further proceed with the development. Tom Perrault asked about the need for the easement and whether any utilities would actually need to be moved if they are located under the City Council Minutes — April 25, 2011 Page 7 parking lot. Angela Schumann noted that the City would not need to move any utilities; however there may be some private utilities that would have to be relocated. Fred Menth, NAPA owner, spoke in favor of granting the easement as he plans on closing in June and relocating his NAPA parts store to that site. Glen Posusta spoke against constructing the proposed building on this lot, stating that the building does not fit on that lot and he does not feel that it would be consistent with other buildings in that area. Glen Posusta also noted that he feels it would be difficult for trucks to maneuver on that lot. Tom Perrault suggested that the item could be tabled for further study and bring back to the next meeting. Lloyd Hilgart stated that he did not feel that the zoning of B3 or B4 would make a difference. He understands the original PUD was intended for a restaurant and wondered whether the easement would be vacated for someone else if the use met the intention of the PUD. Council members concurred with that and stated that this decision would have nothing to do with NAPA, which could possibly be located on a different lot. GLEN POSUSTA MOVED TO ACCEPT ALTERNATIVE #2 DENYING THE EASEMENT VACATION AS PETITIONED BY IRET PROPERTIES, OWNER OF LOT 6, BLOCK 1, MONTICELLO TRAVEL CENTER 2ND ADDITION. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH TOM PERRAULT VOTING IN OPPOSITION. 9. Public Hearing — Consideration of adopting Resolution #2011 -33 approving proposed assessment roll for delinquent utility bills and certification to County Auditor for 2012 payable tax year Council commented on format of report which did not show addresses or names associated with delinquent properties. Mayor Herbst opened the Public Hearing. There were no comments so he closed the hearing. BRIAN STUMPF MOVED TO ACCEPT ALTERNATIVE #1 ADOPTING RESOLUTION 42011 -33 APPROVING THE ASSESSMENT ROLL FOR DELINQUENT UTILITY CHARGES TOTALING $57,643.72; AND CERTIFY UNPAID CHARGES TO THE COUNTY AUDITOR FOR 2012 TAXES PAYABLE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 10. Consideration of adopting Resolution No. 2011 -34 approving final plans and specifications and authorizing advertisement for bids; and adopting Resolution No. 11C001 City Council Minutes —April 25, 2011 Page 8 Bruce Westby reviewed prior action leading to this meeting. Initial project started with East River Street Area 4B and West River Street from CSAH 75 to the ballfield entrance. Intersection improvements at Walnut and 7 t Street West were added to the project. Bruce Westby explained the various components of the project in each of the segments. Glen Posusta asked about the parking restrictions and which streets would be affected. Bruce Westby explained the streets that would be affected are those designated as state aid segments as noted in the resolution. Tom Perrault asked about the bidding process and suggested that all of the parts of the project should be bid as alternates. Clint Herbst did not recommend bidding them separately as that would probably increase the costs. Bruce Westby explained that, in most bidding situations, it is better to bid larger projects as you typically get better prices. Tom Perrault has a concern about awarding a contract for the sidewalk segment along Cedar Street from River Street to Broadway. At least three other Council members feel that the sidewalk should be included in the project. Clint Herbst pointed out that the final decision would be made when the bids come back to the Council. LLOYD HILGART MOVED TO ACCEPT ALTERNATIVE 41 ADOPTING RESOLUTION #2011 -34 APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT FOR BIDS; AND ADOPTING RESOLUTION #2011 -35 RESTRICTING PARKING ON MSAS SEGMENTS; FOR THE 2011 STREET RECONSTRUCTION AND WALNUT STREET /7TH STREET WEST INTERSECTION IMPROVEMENTS, CITY PROJECT NO. 1lC001. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 11. Consideration of adopting Resolution #2011 -24 and Ordinance #528 amending the Monticello Zoning Ordinance relating to Adult- Oriented Land Uses and amendments to the official Monticello Zoning Map; Applicant, City of Monticello Angela Schumann explained that she is filling in for Steve Grittman of NAC, who was in route to the meeting. She initiated this item by explaining the history behind the development of adult- oriented land use ordinances and the proposed amendment update for the new zoning code. Angela Schumann explained that cities are expected to provide opportunities for adult land uses, but can regulate where those uses are located as long as they are not overly restrictive. Angela Schumann cited several examples of court cases that examined challenges to restricted land uses. She noted that most often adult uses don't plan to locate in a community, they just do it. Then it becomes the responsibility of the City to enforce and defend its ordinances. Steve Grittman from NAC took over at this point. He displayed a map of the current Monticello Industrial Park and displayed an example of the overlay approach, which is being recommended for the ordinance amendment, showing parcels that could be used for adult land uses (cross- hatch). He showed the buffer area that would be established between residential and school properties. Brian Stumpf asked what would happen if the cross - hatched parcels were sold and developed for other uses and then an adult use application was made. Would the City be obligated to identify other parcels that are not City Council Minutes —April 25, 2011 Page occupied and available for adult use? Steve Grittman explained that, as long as the City identified a reasonable number of parcels or land area for adult uses, the City is not responsible for providing vacant or unoccupied properties for such uses. Steve pointed out that under the overlay approach, the City would have approximately 43 parcels identified for adult uses. Tom Perrault asked, if Quarry Church would locate in the Industrial Park area, would the City need to make more land available for adult use? Steve noted that city staff would have to keep an eye on the number of parcels available for reasonable opportunities for adult uses. If the number should drop, the City would probably have to review this and identify additional parcels. The City would also have to monitor the type of uses on the parcels that would be identified for adult uses. Angela Schumann noted that the overlay approach should make it easier for the City to monitor both the number of parcels and the uses on those parcels. If a use would be developed on any of these parcels that might not support adult uses, this would probably initiate a review of the overlay district. Tom Perrault asked if a business such as a daycare wanted to locate next to an adult- oriented business, would there be a problem with that? Steve indicated that would be permitted as that would be their choice. LLOYD HILGART MOVED TO ACCEPT ALTERNATIVE #1 ADOPTING RESOLUTION #2011 -24 AND ADOPTING ORDINANCE #528, AN AMENDMENT TO THE MONTICELLO ZONING ORDINANCE FOR ADULT - ORIENTED LAND USES AND AN AMENDMENT TO THE OFFICIAL MONTICELLO ZONING MAP, CREATING A "SPECIAL USE" OVERLAY ZONING DISTRICT BASED ON THE NUMBER OF PARCELS APPROACH. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 12. Added items a) National Day of Prayer -Tom Perrault noted that National Day of Prayer is Thursday, May 5. Anyone that wants to participate should meet at 11:00 a.m. at the flagpole at the Monticello Community Center. b) Pavers along Walnut Street - Glen Posusta suggested that they should consider removing the pavers that were installed along Walnut Street and replacing them now with colored stamped concrete or some other more durable option. He noted that this was not budgeted but feels it needs to be done. Clint Herbst asked about pavers that were used by Walgreens and wondered if they were in bad shape like the ones by the Community Center. Bob Paschke noted that the pavers by Walgreens were in better shape and appeared to be a different type of paver. He does not know why the pavers along Walnut are in such bad shape, although they appear not to have been sealed. Glen Posusta suggested that City staff should get some quotes on what it would cost to take out the pavers now and replace with concrete. Bob explained that City staff has inventoried the pavers that need to be replaced and were suggesting replacing the City Council Minutes —April 25, 2011 Page 10 bad ones this year and then budget next year to replace with concrete. Clint Herbst directed staff to come back with some options and costs. 13. Adiournment GLEN POSUSTA MOVED TO ADJOURN THE MEETING AT 8:48 P.M. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Catherine M. Shuman ryivJ Approved: May 9, 2011 Attest: C' ministrator City Council Minutes —April 25, 2011 Page 11