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City Council Minutes 05-09-2011MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, May 9, 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 25, 2011 Regular Meeting TOM PERRAULT MOVED TO ACCEPT THE MINUTES OF THE APRIL 25, 2011 REGULAR MEETING AS CORRECTED. LLOYD HILGART 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) landscaping at I -94 bridge over CSAH 75 and b) Hwy 25 corridor landscaping. 4. Citizen comments, public service announcements, and staff updates a. Citizen Comments: Dan & Jana Johnson, 2231 Hamlin Av SE, Buffalo - Spoke about a real estate on -site auction for 11 Walnut St, which was held on behalf of Jana's father. The auction was listed in MLS and advertised in various places. Dan Frie, the realtor representing the City for possible purchase of the property, had approached the seller and asked if they would consider an offer prior to the auction, which the seller agreed to consider. The negotiations took place with the seller countering the offer from the EDA. The seller had several conversations with the Mr Frie and some of the council members, including discussions regarding any potential conflict of interest should one of the Council members wish to make an offer on the property (in addition to the EDA). Jana Johnson noted that the EDA and Glen Posusta had each separately shown interest in registering as bidders for the auction. In a closed meeting of the EDA on Friday, May 5th, the EDA elected to rescind their offer on the property and not pursue purchase of 11 Walnut Street. Jana noted that Glen Posusta did elect to participate in the bidding process as there was no longer a conflict of interest in that the EDA was not a bidder. She noted her concern that, in the process of bidding, there arose some confusion over the responsibility for paying off the assessments on the property. Mr. Dan Johnson also expressed his concern over the bidding process and conversations between bidders that took place during the on -site auction. City Council Minutes — May 9, 2011 Page 1 Clint Herbst explained that the Council had other concerns for improvements in the downtown area and felt the price was high compared to other uses for the funds held by the EDA. Several other Council members spoke about the process and concluded that no further discussion was needed as the EDA nor the City was actually involved in the on -site auction. Discussion was closed at this time. b. Public Service Announcements: 1) Farmer's Market (5/12) — Angela Schumann pointed out that the Market opens this Thursday and operates every Thursday from 3:30 to 7 p.m. with 22 vendors offering a wide variety of goods. 2) Movie in the Park (5/20) — Angela Schumann explained that the first Movie in the Park will take place on Friday, May 20 about 9 p.m. in Pioneer Park. Bring your blanket or lawn chair to see "How to Train Your Dragon" sponsored by the Monticello Community Center. Concessions will be available for purchase. 3) All City Garage Sale (5/14) — Angela Schumann stated the All City Garage Sale takes place on May 14 and you can contact the Monticello Times for more information or to register. 4) Monticello Parks & Trail Plan Review — Community Meeting (5/17) — Residents will have an opportunity to provide input into the new Parks & Trail Plan for Monticello. Citizens are encouraged to attend to hear about the plan review at 7 p.m. on May 17tt' in the Mississippi Room. C. Staff Updates: 1) None 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 FiberNet, Water & Sewer, Liquor Store, and MCC. C. Consideration of adopting Resolution #2011 -38 to accept a contribution from Land of Lakes Choirboys for Walk & Roll. Recommendation: Adopt Resolution #2011 -38 accepting the donation of $1500 from the Land of Lakes Choirboys to go toward door prizes (bikes) for Walk & Roll. D. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA E. Consideration of accepting Quarter 1, 2011 Financial Report. Recommendation: Accept the lst Quarter 2011 Financial Report. City Council Minutes — May 9, 2011 Page 2 F. Consideration of adopting Summary Ordinance #528A for summary publication of the Monticello Zoning Ordinance amendment relating to Adult- Oriented Land Uses and amending the official Monticello Zoning Map. Recommendation: Adopt Ordinance #528A for summary publication of the Monticello Zoning Ordinance amendments relating to Adult- Oriented Land Uses and to the official Monticello Zoning Map. G. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA H. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA I. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA Consideration of adopting Interim Ordinance 4530 temporarily prohibiting the approval of telecommunication towers & antennas as principal and accessory uses in all zoning districts within the City of Monticello and to call for a Public Hearing by the Monticello Planning Commission to review Chapter 4, Section 13 and Chapter 5, Sections 1 -3. Recommendation: Adopt Interim Ordinance #530 temporarily prohibiting approval of telecommunication towers and antennas as principal and accessory uses and to call for a Public Hearing by the Monticello Planning Commission to review Chapter 4, Section 13 and Chapter 5, Sections 1 -3. GLEN POSUSTA MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS A, D, G, H, AND I. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 6. Consideration of items removed from the consent agenda for discussion 95A. Consideration of approving payment of bills for May 9 "' Tom Perrault questioned the payment to Bluestone Grill for gift cards as he was wondering if this offer was open to other businesses. Clint Herbst explained that this was discussed by the FNM Advisory Board. Other businesses could participate in a similar offer if they want to partner with FNM. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS FOR MAY 9TH. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0 TC PAY THE BILL REGISTERS TOTALING $523,125.88. #5D. Consideration of approving annual renewals of on sale and off sale liquor licenses for 2011 -2012 Tom Perrault expressed concern over a possible conflict of interest voting for the liquor license renewal for Walmart as he is an employee of Walmart. Other Council members assured him that would not be a conflict of interest. Tom stated he would feel more comfortable refraining from voting. City Council Minutes — May 9, 2011 Page 3 BRIAN STUMPF MOVED TO APPROVE THE FOLLOWING LICENSE RENEWALS EFFECTIVE JULY 1, 2011 TO JUNE 30, 2012, CONTINGENT UPON APPLICANTS PROVIDING THE RENEWAL FORM, APPLICATION, INSURANCE AND OTHER REQUIRED INFORMATION, AND PAYMENT OF FEES. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 4 -0 WITH TOM PERRAULT ABSTAINING FROM VOTING. Intoxicating Liquor, On -Sale (fee $3.750) 1. Applebee's Neighborhood Grill & Bar (Apple Minnesota LLC) 2. Beef O'Bradys (TMC & J Taylor Corp) 3. Bluestone Grille (Pauly Companies, Inc) 4. Buffalo Wild Wings Grill & Bar (Blazin Wings Inc) 5. Chatters Restaurant & Bar (West River Restaurants Inc) 6 Cornerstone Cafe & Catering Company 7. Hawk's Sports Bar & Grill 8. Monticello Country Club 9. Monticello Liquors, Inc 10. Rancho Grande Mexican Restaurant Inc, #2 11. River City Extreme (River City Lanes) 12. The Station Bar & Grill (TDDC LLC) Intoxicating Liquor - On -Sale, Sunday (fee $200) 1. Applebee's Neighborhood Grill & Bar (Apple Minnesota LLC) 2. Beef O'Bradys (TMC & J Taylor Corp) 3. Bluestone Grille (Pauly Companies, Inc) 4. Buffalo Wild Wings Grill & Bar (Blazin Wings Inc) 5. Chatters Restaurant & Bar (West River Restaurants Inc) 6 Cornerstone Cafe & Catering Company 7. Hawk's Sports Bar & Grill 8. Monticello Country Club 9. Monticello Liquors, Inc 10. Rancho Grande Mexican Restaurant Inc, 42 11. River City Extreme (River City Lanes) 12. The Station Bar & Grill (TDDC LLC) 13. VFW Club #8731 14. American Legion Club #260 Non - Intoxicating 3.2% Beer, On -Sale (fee $275) 1. City of Monticello /Monticello Community Center (Concessions at Xcel Ballfields) 2. China Buffet (Lin, Chuan) Non - Intoxicating 3.2% Beer, Off-Sale (fee $1001$75) 1. Cub Foods (Monticello 1998 LLC) 2. Target Store T -2180 City Council Minutes - May 9, 2011 Page 4 3. Wal -Mart Stores Inc 4. Super America #4479 (Northern Tier Retail LLQ 5. Monticello Liquors Inc 6 Kwik Trip Inc Club License (fee -set by statute based on membership) 1. VFW - $500 2. American Legion - $500 Wine/Stronjz Beer Combination License ($1,200) None #5G. Consideration of adopting Resolution #2011 -37 denying vacation of drainage and utility easements for Lot 6, Block 1, Monticello Travel Center 2 "d Addition as petitioned by owner Cathy Shuman explained that this resolution is brought to the Council to comply with state statutes and upon recommendation of the City Attorney. When a petition for vacation of an easement or street is denied, City Council should approve a resolution stating the findings for denial, with the resolution becoming part of the record. Tom Perrault removed this from the consent agenda as he does not agree with the denial and findings. BRIAN STUMPF MOVED TO ADOPT RESOLUTION #2011 -37 DENYING VACATION OF DRAINAGE AND UTILITY EASEMENTS FOR LOT 6, BLOCK 1, MONTICELLO TRAVEL CENTER 2ND ADDITION AS PETITIONED BY OWNER; WITH FORMAL FINDINGS OF DENIAL LISTED AS FOLLOWS. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH (TOM PERRAULT VOTING IN OPPOSITION. Property owners can make reasonable use of their property as it is configured today, without the proposed easement vacation; and The vacation of said portion of drainage and utility easement would not be in the best interest of the public because there is a possibility that it may be needed in the future; and The proposed vacation is not consistent with the aproved plan for the Planned Unit Development for Monticello Travel Center 2"d Addition. #5H. Consideration of authorizing requests for quotes for construction of the second dumpster enclosure in the Block 35 Municipal Parking Lot, City Project No. 100008 Tom Perrault wanted to know which owners did not wish to participate in using the dumpster enclosures for their trash. Bruce Westby noted the 3 owners that did not respond to the requests to participate (Schneider, Thickpenny, Masonic Lodge). Tom Perrault asked whether one dumpster enclosure would be adequate for the remaining City Council Minutes — May 9, 2011 Page 5 users. Glen Posusta said that he had driven through to see what the area looked like. There are several businesses that have large dumpsters adjacent to them; the quantity would probably be more than would fit into one enclosure. Glen stated he would like to see the dumpsters removed or screened and feels that all owners should be required to participate and be assessed. Tom Perrault recalled that the City cannot create a mandatory assessment in this situation. Clint Herbst asked if this area would be subject to the ordinance on screening of garbage containers. Angela Schumann explained that most of the businesses have been in place for quite a while and might be grandfathered in. Some, such as the Flicker's building, have conditions imposed that they need to screen the dumpsters. Belde Chiropractic intends on participating in using the dumpster enclosure so the current dumpsters in the back of his building have not been screened, as they would go away when they start using the enclosures. Clint Herbst asked if there would be enough room between the 2 enclosures if all 10 businesses would be included. Bruce Westby pointed out that there might be enough room in the existing enclosure for the 6 that are participating; however Veolia would probably need to empty the dumpsters every other day. Also, the property owners on the east side of the block requested to have the 2nd enclosure built so they wouldn't need to walk across the entire parking lot for access. Glen Posusta asked about the process for soliciting quotes for the second dumpster. He understood that the contractor that built the first dumpster was willing to honor the prices he quoted at that time. Clint Herbst noted that this allows staff to seek quotes in addition to the existing contractor. Glen Posusta suggested that staff also look at the height of the dumpster enclosure as he understood there was a concern about opening the lids of the dumpsters inside the enclosure. Bruce Westby explained that the City had worked around that by going to a lower profile dumpster which enabled them to keep the building to a lower profile overall and this seems to work well. LLOYD HILGART MOVED TO APPROVE ALTERNATIVE #1 AUTHORIZING REQUESTS FOR QUOTES FOR A SECOND COMMON -USE DUMPSTER ENCLOSURE FOR THE BLOCK 35 MUNICIPAL PARKING LOT, CITY PROJECT NO. I00008. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. #57. Consideration of approving Change Order No. 1 for the TH 251CSAH 75 NE Quadrant Improvements, City Project No. 100005 Glen Posusta feels that the cost of the proposed change order for colored stamped concrete is excessive. Clint Herbst wanted to know what was supposed to be put in and what other options could be considered. Bruce Westby explained that sod was the option that is in the original bid. He noted that Public Works felt that, over the long run, it would be more cost effective to place concrete instead of sod in the strip behind the curb, considering the amount of salt used and the high traffic volume along that section of road. City Council Minutes— May 9, 2011 Page 6 Glen Posusta asked about putting concrete in the entire area next to the sidewalk. Bruce Westby explained that the stamped/colored concrete provides a separation between the street and the sidewalk where the public would walk. Clint Herbst asked about the cost of regular concrete compared to stamped /colored concrete. Bruce commented that he thought it would be about half the cost. Glen suggested that rather than putting sod in, they add black dirt and seed the area noting that grass is more likely to grow if the soil is good. Lloyd Hilgart noted that he had heard from a business owner complaining about the weeds growing in the area adjacent to the street and the difficulty of keeping the grass growing. Brian Stumpf noted that there is a significant difference in cost between stamped concrete and sod or grass; the City would be able to replant grass for many years. BRIAN STUMPF MOVED TO ADD BLACK DIRT AND SEED IN THE AREA RATHER THAN PLACING SOD OR CONCRETE. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH TOM PERRAULT VOTING IN OPPOSITION. Tom Perrault does not agree with seeding or sod and would prefer some kind of pavement in this area. 7. Added items a) Landscaping at I -94 bridge over CSAH 75 —Glen Posusta explained that the area under the new twin bridges was not landscaped very well and would like to see improvements made. Bruce Westby noted that MNDOT has not completed the landscaping and will be working on that in the near future. b) Hwy 25 corridor landscaping - Glen Posusta noted his concerns with the landscaped edging by the cemetery and sidewalks along Highway 25 since the road resurfacing last year. He feels that should be addressed. Bruce Westby will talk to MNDOT as that was their project. 8. Adjournment BRIAN STUMPF MOVED TO ADJOURN THE MEETING AT 8:03 P.M. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Catherine M. Shuman i/n1 Approved: May 23, 2011 Attest: Ci ministrator City Council Minutes — May 9, 2011 Page 7