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City Council Minutes 05-23-2011MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, May 23,2011 — 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 7:02 p.m. and declared a quorum present. The Pledge of Allegiance was recited. 2A. Approval of Minutes — May 9, 2011 Regular Meeting GLEN POSUSTA MOVED TO ACCEPT THE MINUTES OF THE MAY 9, 2011 REGULAR MEETING AS CORRECTED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 3. Consideration of adding items to the agenda The following items was added to the consent agenda: 5K) Consideration of adopting Resolution #2011 -42 authorizing an Intent to Consider an application for a Cable Franchise and calling for a Public Hearing to consider issuance of a franchise in the City of Monticello; Applicant, Bridgewater /TDS Telecom. The following items were added to the regular agenda: a) Weeds /mowing on rights -of- way, b) No- parking sign, and c) Modifications to state reconstruction project across the river. 4. Citizen comments, public service announcements, and staff updates a. Citizen Comments: Jim King, Carefree Lawn Service: Mr. King extended an apology to Tom Pawelk and Bob Paschke and noted that he did not intend to harass them when he called to ask about mowing that did not appear to be done. He was not happy about receiving an email from Mr. Paschke asking him not to harass his employee. Mr. King stated that he had called back to say it looked good when the mowing was done. He shook hands and thanked the Council members. James Vanderlinden (6317 NE 86`h Street): Mr. Vanderlinden noted that he recently talked to Lloyd Hilgart, a neighbor of his, and wanted to share some pictures of his driveway that had been impacted during work by FiberNet last year. He received sealant from the City to cover his driveway and hired a professional to apply it. It looked good last fall, but he feels this was an inferior grade of sealant as it does not look very good anymore. Clint Herbst summarized a prior meeting with James Vanderlinden at a FiberNet Advisory Board meeting. Clint noted that the pothole was dug as required in the city right -of -way and the City Council Minutes — May 23, 2011 Page 1 City repaired the work in the same way they would normally do it. Clint feels the City has taken care of their obligations beyond the legal requirements. Glen Posusta questioned James Vanderlinden about the sealing process. Bret Weiss suggested that the picture shows a slight sinking in the pothole, which the City might want to fill and even off, Bret noted that driveway sealants are pretty much the same and they wear off after a year. He suggested that it should not be necessary for the City to reseal the driveway again. b. Public Service Announcements: 1) Bertram Family Fun Day (6/11) - Angela Schumann noted this will be the 3`d Annual Bertram Fun Day and the public is invited for this free event on June l 1`h from 11 a.m, to 4 p.m. Enjoy hiking, face painting, fishing, swimming, canoeing, kayaking, and amphitheater events. Concessions available or bring a picnic lunch. 2) Walk & Roll (6/18) - Angela Schumann summarized this annual event that will take place starting at 9 a.m. on June 18. The New River Hospital will provide activities and bike helmets. Get your pathport stamped for a chance to win one of about 13 bikes offered for door prizes. C. Staff Updates: none 5. Consent Agenda: A. Consideration of approving payment of bills for May 23rd. Recommendation: Approve the bill registers for May 23rd for a total amount of $1,100,879.30. B. Consideration of approving new hires and departures for City departments. Recommendation: Ratify new hires and terminations for Parks, FiberNet, and MCC. C. Consideration of adopting Resolution #2011 -39 approving contributions from Tom Perrault for the General Fund and Refer a Friend Program for the Fire Department. Recommendation: Adopt Resolution #2011 -39 approving donation of $250 from Tom Perrault and $150 from the RMG Refer a Friend Program for fire department supplies or equipment. D. Consideration of establishing change fund for MCC for operation of concessions cart. Recommendation: Approve establishment of a change fund for MCC portable concessions trailer. E. Consideration of approving the 2010 Storm Water Pollution Prevention Program ( SWPPP) Annual Report. Recommendation: Approve the 2010 SWPPP Annual Report and authorize submittal to the MPCA. F. Consideration of adopting Ordinance #529 amending the Monticello Zoning Ordinance, Chapter 2.4 - Specific Review Procedures & Requirements, Chapter City Council Minutes — May 23, 2011 Page 2 5.3(D) - Accessory Use Standards, and Chapter 5.4 — Temporary Uses. Recommendation: Adopt Ordinance #529 amending the Monticello Zoning Ordinance, Title 10 as follows: Section 1: 2.4(B) Zoning Ordinance Text and Zoning Map Amendments (2) Initiation of Proceedings (c) Recommendation ofthe Community Development Department; or (d) Action of the City Council. Section 2: 5.3(D) Additional Specific Standards for Certain Accessory Uses (2) Accessory Building — Minor (b) In the M -H district, one minor accessory building for storage of equipment and refuse is permitted for each manufactured home provided the accessory building can meet all required setbacks, and is designed of weather resistant material that will enhance the general appearance of the lot. (3) Accessory Building — Major (a) In all residential districts except M -H, the following shall apply: (b) In the M -H district, the following shall apply: Section 3: 5.4(D) Table ofAllowed Temporary Uses and Structures Table 5 -8: Temporary Uses & Structures — Temporary Structure Amend text for: Construction Dumpster (on private property) • Allowable Duration: 30 days without building permit. • Permit Required: No. • Additional Requirements: 5.4(E)(1)(b). Table 5 -8: Temporary Uses & Structures — Temporary Sale Amend text to add line item for: Seasonal Sales • Allowable Duration: 60 days per permiW 20 days per calendar year maximum term. Permit Required: Yes. Additional Requirements: 5.4(E)(7) and 5.4(E)(12) Section 4: 5.4(E) pecific Standards for Temporary Uses (1) Construction Dumpster Under (b), add this item and text: (vi) Be secured with a cover to prevent litter and debris from escaping the dumpster. (7) Tents, Canopies, Tarp Garages, and Hoop Buildings City Council Minutes — May 23, 2011 Page 3 (d) Not to be erected for more than a total of 30 days in any calendar year with the exception of those uses with valid permits issued under 5.4(E) (8 -12). Add this new subsection to Section 5.4(E): (12) Seasonal Sales Seasonal sales shall: (a) Be authorized in writing by the property owner if conducted on property not owned by the seasonal sale operator; (b) Not be located within any right -of -way; (c) Not reduce available parking areas below that which is required by code; (d) Provide adequate ingress, egress and off - streetparking areas; and (e) Be subject to the sign standards in Section 4. G. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. H. Consideration of a request for Conditional Use Permit for Veterinary Facilities (Neighborhood) and an amendment to Planned Unit Development for Monticello Business Center 5`h Addition/Quad Development. Applicant: Quad Development, LLC. Recommendation: Approve CUP for Veterinary Facility for Lot 1, Block 1, Monticello Business Center 6th Addition and apXrove an amendment to the CUP for PUD for Monticello Business Center 6 Addition, contingent on compliance with the following conditions: 1. The area provided for animals shall not be exposed to stormwater and the waste shall immediately be picked up and disposed ofproperly. 2. Animals shall not be kept outdoors overnight or be allowed to remain outside unsupervised. 3. All animals must be leashed. 4. No outside storage of carcasses shall be permitted. 5. The facility shall be subject to an annual inspection by a City Health Officer at owner's expense. 6 The applicant shall comply with final building elevations provided to the Planning Commission on May 17'h, 2011, which are consistent with code requirements and compatible with the original PUD. 7. The applicant shall submit a final building elevation✓site plan illustrating the following: a. The location and configuration of landscaping of screening for large trash handling and recycling collection areas. b. Large trash handling and recycling shall be at least six feet from a side or rear lot line, and shall not be located within front yards or corner side yards. c. If a wall or detached accessory structure is used to screen or define a large trash handling and recycling collection area, the building City Council Minutes — May 23, 2011 Page 4 materials used for the wall or accessory structure shall be compatible with the principal structure and be readily served through swinging doors. d. Areas intended for large trash handling and recycling collection areas shall be surfaced with concrete that meets or exceeds minimum City standards. e. Sign placement and size. 8. The applicant shall submit a detailed landscaping plan illustrating the following: a. The number and species of plantings in order to verify compliance with the original PUD and base landscaping code requirements. b. The location, number, species and configuration of landscaping for large trash handling and recycling collection areas. 9. A photometric plan compliant with the original approval will be required at building permit. 10. A cross- access easement document shall be provided to the City, verifying that Lot 1, Block 1 of the proposed Monticello Business Center shall have direct access to School Boulevard and to PUD parking facilities. 11. The applicant shall comply with the comments per City Engineer's memo dated April 26h, 2011. 12. The approval is subject to the re plat and execution of Development Agreement for Monticello Business Center 6`4 Addition. I. Consideration of approving a subsidy for the Building Plan Check Fee for Aroplax in accordance with the Business Expansion Incentive Pilot program. Recommendation: Approve subsidizing the $3,047.66 building plan check fee on the building permit for Aroplax through the Business Expansion Incentive Pilot program. Consideration of approving an agreement between Matt Maier and the City of Monticello to harvest hay and maintain boulevards on specified City properties. Recommendation: Approve the lease agreement with Matt Maier for harvesting hay and maintaining boulevards on the following City properties: • 155035000010 • 155164000040 • 155164000030 • 155177000010 • 155194000010 • 155191000020 • 155191000080 • 155194000050 • 155181000010 • 155194000030 • 155194000020 • 155171000050 • 155018001050 • 155018003040 City Council Minutes — May 23, 2011 Page 5 • 213100151400 K. Consideration of adopting Resolution #2011 -42 authorizing an Intent to Consider an application for a Cable Franchise and calling for a Public Hearing to consider issuance of a franchise in the City of Monticello; Applicant, Bridgewater /TDS Telecom. Recommendation: Adopt Resolution #2011 -42 authorizing an Intent to Consider an application for a Cable Franchise and calling for a Public Hearing to be held on June 27, 2011 at 7 p.m. Tom Perrault pointed out a correction in the SWPPP report for Item 5E that should have listed BMP inspections at 27% (page 4, Measure 6 -C). BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE ADDITION OF ITEM K AND REMOVAL OF ITEM G. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 6. Consideration of items removed from the consent agenda for discussion 5G. Consideration of reimbursing planning review application and deposit for NAPA Auto Glen Posusta questioned whether this was a normal process and thought perhaps the City should keep a portion of the fees to cover some of the expenses incurred by the City. Angela Schumann stated that the fee for the vacation application was paid in advance for the initial public hearing that was held. In addition, they paid fees to expedite the process for preparing their plans for review. Clint Herbst suggested that the reimbursement be for the additional fees but less the $125 for the vacation application. Angela explained that the motion for reimbursement does not include the $125. GLEN POSUSTA MOVED TO APPROVE ALTERNATIVE #1 TO REIMBURSE $2400 TO NAPA AUTO FOR LAND USE APPLICATIONS AND DEPOSIT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. Angela Schumann noted that NAPA is in the process of selecting an alternative site and will be bringing in plans for review for the new site. Consideration of adopting Resolution #2011 -40 ordering Improvements and Bruce Westby summarized the project for street lighting consisting of 34 LED lamps along the East 7a' Street corridor from Union Crossings to Hwy 25. This will include 11 stand -alone street lights, 19 street lights with backside pedestrian lighting, and 4 stand- alone pedestrian lights. Bruce Westby explained that the contract with Wright Hennepin Electric would include a maintenance agreement in which they hope to include a clause to decrease the maintenance if found not to be needed. The existing lights along 7eh Street would be removed (they belong to Xcel Energy). The recommendation is to pay City Council Minutes — May 23, 2011 Page 6 for this project with funds from the Street Light Improvement Fund. BRIAN STUMPF MOVED TO APPROVE ALTERNATIVE #1 TO ADOPT RESOLUTION #2011 -40 ORDERING IMPROVEMENTS AND AUTHORIZING REQUEST FOR PROPOSALS FOR THE 2011 STREET LIGHTING IMPROVEMENTS FOR 7TH STREET EAST, CITY PROJECT NO. 11C002. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0., 8. Consideration of adopting Resolution #2011 -41 authorizing preparation of a Feasibility Report for Walnut Street Boulevard Improvements, City Proiect No. 11C003 Bruce Westby noted that Council is aware that the pavers used along Walnut Street are deteriorating and will need to be replaced. Near the Community Center, there are a number of the pavers that are to the point of being safety hazards. Bruce Westby explained that city staff has inventoried the pavers and pictures were provided in the Council packet. With a feasibility report, they would explore costs for replacing the pavers over time with colored, stamped concrete. The feasibility report would also look at the sidewalk, especially along the Cargill plant, that is spauling and breaking apart. If Council would want to consider assessing any of the work, this could be addressed in a feasibility report. Clint Herbst stated that he did not think it would be fair to assess again for a project to repair the problems. He also noted that he did not think that Council would have to authorize an internal feasibility report. Brian Stumpf thought it might be useful for Council to review a feasibility report to give their approval before getting quotes. Brian Stumpf noted that he would probably prefer to have the pavers in the crosswalks replaced with asphalt and suggested that the feasibility report include options besides colored, stamped concrete.. Glen Posusta suggested that City staff should go ahead and get quotes for the various components of work to be done. He felt that the quotes should also include colored (only) concrete as well as colored, stamped concrete. Glen Posusta also suggested looking at asphalt replacement in the crosswalks, possibly with a strip of white to define the crosswalk. Lloyd Hilgart prefers colored concrete without the stamping. Bruce Westby said they would work with the contractor to address various alternatives. LLOYD HILGART MOVED TO APPROVE ALTERNATIVE #1 TO ADOPT RESOLUTION #2011 -41 AUTHORIZING PREPARATION OF A FEASIBILITY REPORT AND SOLICITATION OF QUOTES FOR WALNUT STREET BOULEVARD IMPROVEMENTS, CITY PROJECT NO. 11 C003. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. 9. Consideration of approving a Maple Street right -of -way river bank restoration project Clint Herbst noted that he had been contacted by Joseph Mahoney in regard to this project. Angela Schumann explained that there are actually two decisions for Council as City Council Minutes — May 23, 2011 Page 7 part of this item. She noted that the restoration of the river bank is a desired objective. However, this project would only address a small section of the riverbank. Therefore staff is recommending that Council delay action at this time to allow staff more time to put together a plan for restoration of a larger portion of the riverbank in coordination with the Wright County Soil & Water Conservation District (WCSWCD). This way, the City could benefit from cost sharing on this project through the WCSWCD. If the City participates in the Mahoney project, the cost would be approximately $4300 and would not be eligible for cost sharing for the 33 ft portion in Mahoney's request. Clint Herbst suggested this might be an opportunity for the City to test the restoration process based on principles of the WCSWCD. Glen Posusta commented that Mr. Mahoney had also contacted him and Mahoney stated he did not have a problem with waiting a year or so, but he would still like to plant grass seed in the 33 ft area. Clint Herbst asked what the cost sharing brings to Mahoney's project. Angela Schumann noted that he receives 50% match from WCSWCD for his portion of the riverbank but that would not apply to the city's 33 ft portion. Clint Herbst suggested that, if the City elects not to participate in Mahoney's project, the city should get some before and after pictures so they can track the success of his project. Decision 1— Approval of a Maple Street right -of -way riverbank restoration project: CLINT HERBST MOVED TO APPROVE ALTERNATIVE #2 DENYING IMPLEMENTATION OF THE MAHONEY RIVERBANK RESTORATION PROJECT AT THIS TIME. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. Decision 2 — Development of a right -of -way restoration feasibility report: BRIAN STUMPF MOVED TO APPROVE ALTERNATIVE #1 FOR DEVELOPMENT OF A RIGHT -OF -WAY RIVERBANK RESTORATION FEASIBILITY REPORT. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. 10. Added items a) Weeds /mowing on rights -of -way — Lloyd Hilgart commented that he has noticed a lot of areas on city rights -of -way and empty lots where the weeds are getting out of control. Angela Schumann explained that the City put in place a plan for thistle control and sent out letters giving specific property owners until May 27th to spray for thistles before they cut grasses. City staff is aware of the problem and are ready to address it as soon as they can legally. Glen Posusta asked why the City can't just go in and mow or take care of the noxious weeds without going through all these steps. Angela Schumann explained that legally the City is required to take these steps and they cannot avoid these steps; this was confirmed by Attorney Joel Jamnik. Ron Hackenmueller noted that staff is meeting with the mowing contractor to discuss the process for handling the problem areas. City Council Minutes — May 23, 2011 Page 8 Clint Herbst asked about the cemetery as he understood it was just recently mowed for the first time this season. Bob Paschke explained that Hellman's Service cleaned and mowed the cemetery, and they will be mowing it again on Thursday in advance of Memorial Day. Glen Posusta reminded Bob Paschke about placing flags on Broadway for Memorial weekend. b) No parking signs — Tom Perrault asked about no- parking signs placed along Hillcrest Park. A resident had questioned him on where they could park along that section of road. Bob explained that they were placed about 2 signs per block to indicate the no- parking side of the street. Clint Herbst explained that they did not want to flood the streets with no- parking signs. c) Mod fcation to state reconstruction project across river - Bruce Westby explained that the state is proposing to direct traffic to one lane in Monticello which has a big impact on traffic in Monticello. The City and WSB had made a request to do the traffic control on the bridge instead of on Hwy 25 in Monticello during the initial plan review process. The final plans were let with the traffic control still taking place on Monticello streets so the City and WSB contacted MnDOT to reconsider a change to push traffic control to the bridge. The City and WSB submitted a rough plan to MnDOT showing traffic control on the bridge. The State agreed to work with the contractor to adjust the traffic control plan as long as the cost did not exceed $30,000. If cost is greater than that, they would ask the City to pay for the excess amount. 11. Adiournment BRIAN STUMPF MOVED TO ADJOURN THE MEETING AT 8:19 P.M. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Catherine M. Shuman OjyAJ Approved: June 13, 2011 Attest: , minrstrator City Council Minutes — May 23, 2011 Page 9