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City Council Minutes 08-08-2011MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, August 8, 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 7:00 p.m. and declared a quorum present. The Pledge of Allegiance was recited. 2A. Approval of Minutes — July 25, 2011 Regular Meeting BRIAN STUMPF MOVED TO ACCEPT THE MINUTES OF THE JULY 25, 2011 REGULAR MEETING AS CORRECTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 3. Consideration of adding items to the agenda The following item was added to the regular agenda: a) Peddlers permit requirements. 4. Citizen comments, public service announcements, and staff updates a. Citizen Comments: None b. Public Service Announcements: 1) Hi Way Liquors Beer Tasting (8/12) — Tom Kelly reported that the Beer Tasting event takes place this Friday from 7 to 9 p.m. at the Community Center. There are many beers and other speciality drinks to sample, catered food, and door prizes. 2) Senior Center Pie Social (8/17) — Clint Herbst announced the pie social fundraiser for the Senior Center on August 17 fiom 2 to 8 p.m. at the Community Center. He encouraged the public to attend. C. Staff Updates: None 5. Consent Agenda: A. Consideration of approving payment of bills for August 8th. Recommendation: Approve payment of the bill registers for August Sth in the amount of $1,074,934.23. B. Consideration of approving new hires and departures for City departments. Recommendation: Ratify new hires and terminations for MCC. City Council Minutes — August 8, 2011 Page 1 C. Consideration of approving request for extension of a Conditional Use Permit for Concept Stage and Development Stage Planned Unit Development approval for a multi- tenant shopping center; a Conditional Use Permit for Outdoor Storage; a Conditional Use Permit for a Car Wash; a Conditional Use Permit for a Motor Fuel Station/Convenience Store; a Conditional Use Permit for minor auto repair; and Preliminary Plat approval; Applicant: Mills Properties, Inc. Recommendation: Extend the June 25, 2007 Conditional Use Permit for Concept and Development Stage Planned Unit Development and Preliminary Plat for the proposed Mills Fleet Farm for a period of 2 years, contingent on all previously approved conditions be assigned to the extension. D. Consideration of adopting Ordinance #534 approving a request for rezoning from I -I (Light Industrial) to B -4 (Regional Business) for Lot 1 and 2, Block 1, Oakwood Industrial Park (102 Thomas Park Drive - The Rink); Applicant: WHL Enterprises, LLC. Recommendation: Adopt Ordinance #534 to rezone the north half of Lot 1, Block 1, Oakwood Industrial Park to B -4 (regional business) and amend the Zoning Map accordingly. E. Consideration of adopting Ordinance #535 approving amendments to Title 10 — Monticello Zoning Code. Recommendation: Adopt Ordinance #535 approving amendments to the following sections for Title 10 of the Monticello Zoning Code: Section 2.4 —Specific review procedures & requirements Section 3.4 — Residential base zoning districts Section 4.1 — Landscaping and screening Section 4.5 — Signs Section 4.8 — Off street parking Section 5.2 — Use - specific standards Section 5.3 —Accessory use standards Section 5.4 — Temporary uses and structures F. Consideration of approving a Special Event Pen-nit for outdoor entertainment at Chatter's Bar & Grill on August 19, 2011; Applicant: Richard Brendsel/West River Restaurants. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. G. Consideration of approving a Special Event Permit for outdoor entertainment at the Monticello VFW on August 27, 2011; Applicant: VFW Post 8731. Recommendation: Approve the Special Event Permit for outdoor entertainment on August 27, 2011 until 11:30 p.m., contingent on live music being oriented to the south to minimize impact to residential areas to the north. H. Consideration of approving a Special Event Permit for City action relating to the Greazy Kenny Car Show on August 20, 2011; Applicant: Union Speed & Style. THIS ITEM WAS REMOVED FROM THE CONSENT AGE, NDA. City Council Minutes — August 8, 2011 Page 2 Consideration of adopting Resolution #2011 -70 accepting improvements and approving final payment to Allied Blacktop on the 2011 Sealcoating Improvements. Recommendation: Adopt Resolution #2011 -70 accepting work and approving final payment to Allied Blacktop in the amount of $63,086.76 for the 2011 Sealcoating project. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS F AND H. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 6. Consideration of items removed from the consent aeenda for discussion #5F. Consideration of approving a Special Event Permit far outdoor entertainment at Chatter's Bar & Grill on August 19, 2011; Applicant. Richard Brendsel/West River Restaurants Glen Posusta is okay with this permit but wanted to know why this would be a concern to Council and wondered why staff did not take care of this. Clint Herbst stated that these permits are being brought forward to Council because they received a complaint last year. It might be a little late for outside music to be allowed, but it would serve as a trial to see how it works out this year. Glen Posusta said he would like to see every effort to help businesses and he thinks this should be acceptable. Clint feels this permit process helps to make sure that outside events are being done properly and won't result in a bunch of complaints. GLEN POSUSTA MOVED TO APPROVE THE SPECIAL EVENT PERMIT ALLOWING OUTDOOR ENTERTAINMENT AT CHATTERS BAR & GRILL FOR AUGUST 19, 2011 WITH A CLOSING TIME OF 1:30 A.M. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. #5H. Consideration of approving a Special Event Permit for City action relating to the Greazy Kenny Car Show on August 20, 2011; Applicant, Union Speed & Style Glen Posusta expressed concern about the City providing tables and other equipment for this event at Bridge Park which is being hosted by a single business and wondered whether there was a charge for this. Tom Pawelk explained that there is no charge for bringing tables and other items; this is a service provided by the City. Council expressed a conceal over providing things like this to a private business for their own event. Brian Stumpf did not think there was a problem with approving this permit for the car show. If there are problems in the future, it could be addressed again at that time. GLEN POSUSTA MOVED TO APPROVE THE SPECIAL EVENT PERMIT FOR THE KENNY GREAZY CAR SHOW ON AUGUST 20, 2011 AND ALLOW TEMPORARY USE OF WALNUT STREET PUBLIC PARKING LOT, TEMPORARY CLOSURE OF RIVER STREET AND WALNUT STREET, AND USE OF CITY City Council Minutes — August 8, 2011 Page 3 SERVICES, CONTINGENT ON FINAL PROOF OF INSURANCE. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 7. Consideration of adopting Resolution #2011 -72 authorizing preparation of Plans and Specifications for Balboul Estates Stormwater Ponds Outlet Improvements, City Project No. 11CO04 Bruce Westby explained the background related to this item and showed some pictures of the area affected by the flooding. Bruce Westby noted a correction to his agenda item - the residents at 101 Marvin Elwood Road have actually been living at this address for more than 30 years. Balboul Estates contains two stonmwater ponds and approximately 240 acres drain to these ponds, which have no natural outlet. Shibani commented on the flooding which has generally been caused by the high volumes of water that have been received this year. Due to the problems caused by the flooding, several residents have asked the City to help resolve the flooding. Bruce Westby pointed out the area that is served by the Balboul Estates ponds and added that there has been significant development that occurred in the general area in the last 5 to 10 years. At that time, the City did not feel that there were existing problems that would suggest that a new pond or drainage system would need to be put in place when development occurred. There are future plans to enhance the stormwater ponding which would drain the ponds through an outlet pipe under the railroad tracks and CSAH 75 to the Mississippi River. Bruce Westby noted that Public Works staff recently lowered the existing outlet north of Prairie Road by a foot or so to prevent standing water from damaging private property. However, the Balboul Estates ponds have no outlet and they have to be pumped north of Prairie Road in order to fully drain them. Public Works staff has pumped out the ponds a number of times recently and lowered the pond outlet as much as possible. This has helped some but the water has consistently remained outside of the easement areas. City staff recommends some proposed improvements to alleviate the water elevations: short term improvements would be to lower and extend the 24" storm sewer outlet under Prairie Rd and maintain the outlet under Hedman Lane. It is estimated that the cost would rum about $20,000. Ron and Vicki Schluender (101 Marvin Elwood Road) and Tom and Jan Prom (103 Marvin Elwood Road) explained that they have never had this occur in the 30 -plus years they have lived there. In other years of high water, the outlet drained to the north so that there was no flooding. Brian Strunpf asked if the street reconstruction project from 2010 may have contributed to the drainage problems. Bruce Westby said this may have contributed slightly to the problem as the road was reconstructed as an urban roadway and the ditches were filled in, directing runoff to the ponding area a little quicker. Bruce Westby noted that the proposed short tern solution should help until a longer tenn solution can be put into place. Basically, the storm sewer crossing under Prairie Road needs to be lowered in order to lower the elevation of the water in the pond south of City Council Minutes — August 8, 2011 Page 4 Prairie Road. Clint Herbst asked if it would be possible to drill a smaller pipe under the road at a lower point, which would probably be enough to drain the water adequately. City staff will determine whether this would be a feasible option and, if so, what the cost might rtiin. Ron Schluender asked why the water from the freeway drains into that area. Brice Westby stated that the city is perpetuating the existing drainage patterns for that area which drains to the north; the City would not be allowed to block the water from its normal drainage patters. Future plans do address the drainage for that area including the water from the freeway. Lloyd Hilgart asked if the Council would be asked to consider another solution again in a few months. Bruce Westby stated that staff would be studying impacts of the short term solution as well as the surrounding area impacted by the drainage system, but that additional improvements shouldn't be needed for many years. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 ADOPTING RESOLUTION #2011 -72 AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR BALBOUL ESTATES STORMWATER PONDS OUTLET IMPROVEMENTS, CITY PROJECT NO. 11 C004, NOT TO EXCEED $20,000 FOR THE PROJECT. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. Brian Stumpf suggested, if possible, staff could work with Redstone Construction to complete the project. Shibani noted that WSB would run another model for inserting a new smaller pipe under the road to drain the pond if this option is feasible. Staff will solicit quotes from contractors based on the outcome of the models, and complete the work as quickly as possible. 8. Consideration of approving the purchase of a utility work vehicle for the Public Works Department Tom Pawelk introduced the request for purchasing a utility vehicle that would be shared by the Public Works departments and would provide service for a variety of uses, including Xeel Ballfrelds, park cleanup, work in rough areas such as holding ponds and catch basins, off -road spraying, weed whipping, work on irrigation systems, thistle prevention program, cemetery work, and event setups. Quotes were received based on the state contract pricing. Torn Perrault asked about the use of a machine donated by Moon Motorsports and whether they charged the City for that use. Tom Pawelk explained they provided that for community events at no charge on a trial basis. Tom Perrault also asked about the need for a vehicle that converts from 2 to 4 seats. Torn Pawelk explained that would be a more versatile use when they need to move people from job to job. Clint Herbst said he thinks it would be preferable for the City to purchase a truck rather than this type of utility vehicle. Tom Pawelk explained that this vehicle is intended to go City Council Minutes — August 8, 2011 Page 5 into areas that they cannot access with a pickup and for jobs that could potentially damage city property. He noted that the cost for the utility vehicle is much less than a pickup. Tom Perrault asked about the fuel efficiency. Tom Pawelk explained that a utility vehicle could be expected to get much better mileage with a tank of gas lasting about a week. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO APPROVE THE PURCHASE OF A 2011 KAWASAKI MULE 4X4 FROM MOON MOTORS AT THE COST OF $9,187.02. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 3 -2 WITH CLINT HERBST AND GLEN POSUSTA VOTING IN OPPOSITION. 9. Added Items a) Peddler's Permit requirements - Lloyd Hilgart asked whether there were restrictions in City ordinance on people going door to door. Cathy Shuman explained the process for granting a peddlers permit. There is no charge at this time and permits can be obtained at city hall. She noted that peddlers are restricted from going to homes that have "no solicitor" signs posted. b) Parking on Prairie Road - Tom Perrault asked about parking on Prairie Road. He thought it was restricted to parking on one side only since it was reconstructed and asked why it was not signed for parking on only one side. Bruce Westby will look into that. 10. Adiournment GLEN POSUSTA MOVED TO ADJOURN THE MEETING AT 7:50 P.M. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Catherine M. Shuman d1gd. Approved: August 22, 20111�1yy� Attest: Ci inistrator City Council Minutes — August 8, 2011 Page 6