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City Council Minutes 05-13-2013MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, May 13, 2013 — 7 p.m. Mississippi Room, Monticello Community Center 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 7:01 p.m. and declared a quorum present. The Pledge of Allegiance was recited. 2A. Approval of Minutes — April 22, 2013 Special Joint CC /EDA Meeting GLEN POSUSTA MOVED TO ACCEPT THE APRIL 22, 2013 SPECIAL MEETING MINUTES AS PRESENTED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 2B. Approval of Minutes — April 22, 2013 Regular Meeting LLOYD HILGART MOVED TO ACCEPT THE APRIL 22, 2013 REGULAR MEETING MINUTES WITH A CORRECTION. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 3. Consideration of adding items to the agenda • Step Increases (Brian Stumpf) 4. Citizen comments, public service announcements, and updates a. Citizen Comments: 1) Barb Lindenfelser and Joyce Wipper fiom Monticello Liquors appealed to Council to have the amount of their liquor violation fine reduced. They failed a compliance check in April and would like to see the amount for first time violations reduced. Clint Herbst asked about other compliance check violations, and Cathy Shuman reported Rancho Grande had also failed a recent compliance check. GLEN POSUSTA MOVED TO DIRECT STAFF TO PROVIDE RECOMMENDATIONS ON FEE LEVELS FOR ALCOHOL COMPLIANCE CHECK VIOLATIONS AT THE NEXT COUNCIL MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. City Council Minutes — May 13, 2013 Page 1 b. Public Service Announcements: 1) Farmer's Market opening (5/16) —Kitty Baltos reported that the Farmer's Market opens this Thursday from 3:30 to 7 p.m. and runs every week in the Library's overflow parking lot. There is a good complement of vendors and they have three more booths available. 2) Great River Trails and Trailhead ground- breaking (5/20) — Angela Schumann reported that invitations have been sent out for the ground- breaking next Monday at 10 a.m. The public is welcome and can park at Montissippi Park near the entrance. 2) Mowing/Code Enforcement — Angela Schumann reported that the Building Safety Department has produced a brochure to use for distribution with code enforcement situations. C. Updates: 1) Digital signage — Kitty Baltos provided an update on the digital signage that has been installed in the Monticello Community Center, Liquor Store, and Dept of Motor Vehicles office. The company and software that they chose was familiar to FiberNet Monticello staff in place at that time and the process was coordinated with Bill Bruce from the Cable Commission. Staff is now trained in the software and all upgrades have been completed so the digital signage is now being used as it was intended. Tricia Month has been assigned responsibility for managing the sign messaging and has been working closely with various departments to create the messages that are displayed. Responses are starting to come in from staff that the public is seeing the messages and making comments on it. Kitty Baltos would welcome questions or comments on the signage. Glen Posusta commented that there are some items on Channel 12 that should be updated regarding FiberNet Monticello and Monticello Community Center. Clint Herbst suggested getting some updated videos about local activities. 2) Presentation by I -94 West Corridor Coalition — Bret Weiss introduced Jerry Zachman, Mayor of St Michael, and Wayne Elam, both representing the I -94 Coalition. Bret Weiss pointed out some of the history behind the I -94 Coalition and noted that in the last year the group has become more active again with a focus on bringing together affected public and private entities to promote widening 1 -94 from Rogers to St Cloud. Bret Weiss noted that there has been a lot of momentum at the state legislature in bringing this forward. Bret Weiss talked about the MNRoad project, which is in place until 2020, and mentioned that Mn/DOT District 3 does not feel that would be an impediment to moving the 1 -94 project ahead. City Council Minutes — May 13, 2013 Page 2 Wayne Elam, Commercial Realty Solutions, spoke briefly on behalf of the business community and asked the City Council to consider providing support to the I -94 Coalition. Monticello is a great community and a lot of that is due to our location along 1 -94. To continue supporting economic development in the community, it is important to support transportation efforts including 1 -94 expansion. Jerry Zachrnan spoke on behalf of the I- 94 Coalition and the efforts to keep the focus on expansion of I -94. He has been involved in the Coalition for the last six years and is really impressed with the progress made in the last year. At this time, the state is starting to look at I -94 west for future expansion and the Coalition is also getting a lot of support from federal representatives Bachmann, Franken, and Klobuchar. He would appreciate support from the City of Monticello and see them become partners in the Coalition. Brian Stumpf thanked Jerry Zachrnan for coming to speak. Brian Stumpf acknowledged that he has not been a strong supporter of the Coalition in the past, mainly because Rogers was not supportive. He feels that it might be time to take a closer look at this again. Bret Weiss commented that the cities in this area have been proactive in working on transportation issues and pointed out that Rogers is now involved in the Coalition and on board with the I -94 expansion. Jerry Zachman noted that St Cloud is also active with the Coalition now. Tom Perrault asked how the money would be spent. Jerry Zachrnan said they have a paid administrator of the Coalition; otherwise everyone else serves in a volunteer manner. The administrator has spent many hours involved at the state legislature making legislators aware of the traffic issues and helping promote the expansion of I -94. Bret Weiss feels there is a possibility of getting this project into a state bonding bill in the near future. None of the coalition funds have gone to lobbying at Washington; all efforts are focused locally at the state level where it is starting to pay off. Angela Schumann commented that the IEDC feels strongly that the City should join the Coalition. 5. Consent Agenda: A. Consideration of approving payment of bills for May 13th. Recommendation: Approve bill and purchase registers for a total amount of $736,354.17. B. Consideration of approving new hires and departures for City departments. Recommendation: Ratify new hires and terminations for MCC, Streets, Parks, and Water. C. Consideration of adopting Resolution #2013 -035 accepting contributions to the Monticello Fire Department from Monticello Lions Club (Riverfest) and Xcel Energy. Recommendation: Adopt Resolution #2013 -035 accepting donations to City Council Minutes — May 13, 2013 Page 3 the Fire Department in the amounts of $250 fiom the Monticello Lions Club /Riverfest and $2000 worth of equipment from Xcel Energy. D. Consideration of approving annual liquor license renewals for 2013 -2014, contingent upon payment of fees and completion of required forms. Recommendation: Approve the following liquor license renewals for July 1, 2013 to June 30, 2014, contingent upon applicants providing the necessary forms and payment. Liquor - On -Sale (fee $3,750) 1. Applebee's Neighborhood Grill & Bar (Apple Minnesota LLC) 2. Beef O'Bradys (TMC & J Taylor Corp) 3. Buffalo Wild Wings Grill & Bar (Blazin Wings Inc) 4. Capitan Pancho Villa (IC Enterprises LLC) 5. Chatters Restaurant & Bar (West River Restaurants Inc) 6 Cornerstone Cafe & Catering Company 7. Hawk's Sports Bar & Grill 8. Monticello Country Club Inc 9. Monticello Liquors, Inc 10. Rancho Grande Mexican Restaurant Inc. #2 11. River City Extreme (River City Lanes Acquisition Group, Inc) 12. The Station Bar & Grill (TDDC LLC) Liquor — On -Sale, Sunday (fee $200) 1. Applebee's Neighborhood Grill & Bar (Apple Minnesota LLC) 2. Beef O'Bradys ('I'MC &.J Taylor Corp) 3. Buffalo Wild Wings Grill &Bar (Blazin Wings Inc) 4. Capitan Pancho Villa (IC Enterprises LLC) 5. Chatters Restaurant & Bar (West River Restaurants Inc) 6 Cornerstone Cafe & Catering Company 7. Hawk's Sports Bar & Grill 8. Monticello Country Club Inc 9. Monticello Liquors, Inc 10. Rancho Grande Mexican Restaurant Inc. #2 11. River City Extreme (River City Lanes Acquisition Group, Inc) 12. The Station Bar & Grill (TDDC LLC) 13. American Legion Club #260 14. VFW #8731 (Club Dorchester) 15. Bluestone Grille (Pauly Companies, Inc) Liquor - Club (fee -set by statute based on membership) 1. American Legion #260 - $500 2. VFW #8731 (Club Dorchester) - $500 Liquor - Wine /Strong Beer Combination ($1,200) 1. Bluestone Grille (Pauly Companies, Inc) City Council Minutes — May 13, 2013 Page 4 3.2% Beer - On -Sale (fee $275) 1, Bluestone Grille (Pauly Companies, Inc) 2. China Buffet (Lin, Chuan) 3. City of Monticello /Monticello Community Center (Concessions at Ballfzelds) 3.2% Beer - Off Sale (fee $100) 1. Cub Foods (Monticello 1998 LLC) 2. Kwik Trip Inc ( #345) 3. Super America #4479 (Northern Tier Retail LLC) 4. Target Corporation (Store T -2180) 5. Wal -Mart Stores Inc (Supercenter #3624) E. Consideration of approving an application for a temporary on -sale liquor license for Hi Way Liquors for Riverfest on July 13, 2013. Recommendation: Approve application for a temporary on -sale liquor license for Hi Way Liquors on July 13, 2013 in their parking lot. F. Consideration of approving a financial contribution to the I -94 Coalition. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. G. Consideration of adopting Resolution #2013 -036 approving assessment and waiver of hearing agreements with RV Center and Genung property owners for Elm Street paving. Recommendation: Adopt Resolution #2013 -036 approving assessment and waiver of irregularity and appeal agreements with RV Center owners, Bruce and Denise Medlock and Michael and Patricia Galante, (PID 155- 500- 104200) and Timothy and Joyce Genung (PID 155 -500- 104100) for Elm Street paving improvements. H. Consideration of adopting Resolution #2013 -037 restricting parking along both sides of West 7t" Street between Elm Street and Minnesota Street. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. I. Consideration of adopting Resolution #2013 -038 approving amendments to the designated Municipal State Aid Street System. Recommendation: Adopt Resolution #2013 -038 approving amendments to Monticello streets for the designated Municipal State Aid System as listed below. 1. That part of 7`� Street from Golf Course Road (CSAH 39) to Elm Street shall be removed from the City of Monticello MSAS. 2. That part ofDundas Road from Edmonson Avenue to Fallon Avenue shall be removed from the City of Monticello MSAS. City Council Minutes — May 13, 2013 Page 5 3. That part of 4t1i Street from Cedar Street to Washington Street shall be removed from the City of Monticello MSAS. 4. That part of Palm Street from 4"' Street to Broadway Street (CSAH 75) shall be removed from the City of Monticello MSAS. 5. That an extension of Chelsea Road from TH 25 to Edmonson Avenue shall be added to the City of Monticello MSAS. 6. That an extension of Chelsea Road from Fallon Avenue to Fenning Avenue (CSAH 18) shall be added to the City of Monticello MSAS. 7. That Walnut Street from 71h Street to Broadway Street (CSAH 75) shall be added to the City of Monticello MSAS. 8. That Highland Way from 7 °t Street to Broadway Street (CSAH 75) shall be added to the City of Monticello MSAS. J. Consideration of approving equipment specifications and authorizing purchase of a mowing tractor based on state contract pricing. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. K. Consideration of adopting Resolution #2013 -039 approving easement agreement with IRET Properties. Recommendation: Adopt Resolution 92013 -039 approving easement agreement with IRET Properties for the West 7"' Street Extension project. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS F, H, AND J. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 6. Consideration of items removed from the consent agenda for discussion 5F. Consideration of approving a financial contribution to the 1 -94 Coalition Tom Perrault pulled this item because he wanted to know where the funding would come from for the I -94 Coalition. Jeff O'Neill stated that this could come out of the engineering budget. Tom Perrault commented that he is more on board with this now after hearing from the speakers and knowing all the entities that are involved. TOM PERRAULT MOVED TO APPROVE A CONTRIBUTION OF .50 PER CAPITA OR $6,379.50 TO THE I -94 COALITION TO BE USED FOR THE PURPOSE OF RAISING AWARENESS OF THE NEED FOR THE DEVELOPMENT OF EXPANSION LANES TO I -94 AND FOR SOLICITING STATE AND FEDERAL FUNDS NECESSARY FOR LANE EXPANSION. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. City Council Minutes — May 13, 2013 Page 6 5FL Consideration of adopting Resolution #2013 -037 restricting parking along both sides of West 7t4 Street between Elm Street and Minnesota Street Glen Posusta does not like the idea of restricting parking on both sides of the road. He feels there should be parking on one side of the road at least until development occurs. He doesn't think this road is any different than the section of 70' Street on the east side. Clint Herbst asked Shibani Bisson if this needs to be restricted for state aid reasons. Shibani said it would not be a requirement. Clint Herbst feels that parking should be allowed on at least one side and possibly a bike lane on the other. GLEN POSUSTA MOVED TO ADOPT RESOLUTION #2013 -037 PROHIBITING PARKING ON THE SOUTH SIDE AND ALLOWING PARKING ON THE NORTH SIDE OF WEST 7TH STREET BETWEEN ELM STREET AND MINNESOTA STREET WHEN CONSTRUCTED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 5J. Consideration of approving equipment specifications and authorizing purchase of a mowing tractor based on state contract pricing Tom Perrault pulled this item for a question in regard to the horsepower requirement. Clint Herbst expressed his disappointment that the TSAC committee did not actually meet with all persons present and differences were not worked out in the TSAC group. He would prefer that this item be tabled until the TSAC can meet and discuss this together. Brian Stumpf explained that he had followed up after the meeting and talked to Glen Posusta again. Glen Posusta commented that he does not agree with purchasing such a large tractor and does not feel that 4 -wheel drive or the attachments are necessary as proposed. He would encourage them to consider purchasing a smaller tractor for the uses they have specified. Lloyd Hilgart asked Torn Moores to explain why he is proposing this particular tractor. Torn Moores explained that they are responsible for about 100 ponds plus ditches and other rough -cut areas that the Streets Department maintains. Tom Moores talked about the various attachments and the all -wheel drive options and the advantages for the work that needs to be done. Tom Moores also responded to Tom Perrault's question about the horsepower noting that this would handle side and rear mounted flails. Brian Stumpf commented that the City can purchase a new tractor on the state bid pricing for the price of used tractor and noted the lack of used tractors. Clint Herbst asked why all the used ones were from out of state. Tom Moores explained that there are no tractors of this type available within the state at this time. Tom Perrault asked about the cost to maintain the equipment they have now. Tom Moores explained that almost every time they use the tractor mower, they have to do maintenance on it which costs them in terns of manpower and time. Some of the parts cannot be replaced anymore. City Council Minutes — May 13, 2013 Page 7 Wayne Oberg mentioned that this is one of the items that was incorporated into the capital equipment bond issue and was identified with a price of $92,000.00. If Council elects not to make this purchase, they would need to identify by resolution an alternate piece of equipment. Glen Posusta pointed out that he does not object to purchasing a tractor; however, he does not think this large of a tractor is needed and feels they should consider a smaller model. Lloyd Hilgart verified that only one tractor is being traded in. Lloyd Hilgart asked about the comparable size between the current equipment and what is proposed. Tom Moores explained that the current tractor mower is about 60 HP and the new tractor proposed is 105 HP. This would provide the capability of doing heavy duty mowing more efficiently and meets a variety of their needs. Lloyd Hilgart commented that he is comfortable with the recommendation made by Public Works as they should know what their needs are for the equipment they are proposing. Jeff O'Neill noted that there has been a lot of growth in the city and likely includes some additional areas and changes to areas that need to be maintained. Tom Moores pointed out that one area that has not been maintained on a regular basis and which will need to be done is storm water pond maintenance. CLINT HERBST MOVED TO SEND THIS ITEM BACK TO THE TIME SENSITIVE ACQUISITION COMMITTEE FOR FURTHER DISCUSSION AND COME BACK WITH A FIRM RECOMMENDATION FOR THE PURCHASE OF A TRACTOR MOWER. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 3 -2 WITH BRIAN STUMPF AND LLOYD HILGART VOTING IN OPPOSITION. Brian Stumpf stated that he doesn't understand why this needs to go back to committee because public works staff researched this and is making a recommendation for the equipment to best suit their needs. 7. Public Hearing — drainage and utility easements across said property. Applicant: City of Monticello Shibani Bisson explained that this item is requesting a vacation of a portion of unused Minnesota Street as part of the West 7"' Street project. Shibani Bisson explained how this property ties into the proposed Great River Addition plat and would provide a contiguous piece of property for future development. The City will retain drainage and utility easements across the vacated street portion. A Developer's Agreement with RiverWood Bank would include language that the developer shall enter into an encroachment agreement, if requesting parking over the easement. If private utilities exist within the easement area, the property owner would be responsible for work with the private utility companies. Mayor Herbst opened the public hearing. As there were no comments, the Mayor closed the public hearing. City Council Minutes — May 13, 2013 Page 8 8. GLEN POSUSTA MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2013 -040 APPROVING VACATION OF A PORTION OF MINNESOTA STREET LYING SOUTH OF 7TH STREET AND RETAINING DRAINAGE AND UTILITY EASEMENTS ACROSS SAID PROPERTY, SUBJECT TO CONTINGENCIES OUTLINED IN THE RESOLUTION AND LISTED BELOW. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. • The vacated land shall be subject to uses outlined in the Monticello Zoning Ordinance, Section 3.3(A) — Building within Public Easements Prohibited. • Ifprivate utilities exist within the easement area to be vacated, it would be the property owner's responsibility to work with the private utilities to relocate their utilities, if necessary. City Project No. 12CO02 Shibani Bisson introduced this item with an explanation of some of the details of the agreement including: • The City and RiverWood Bank will share the cost of plat preparation. • The City will retain a drainage and utility easement over the area to be vacated. RiverWood Bank or future developer will enter into an encroachment agreement, in compliance with City Ordinance, if parking or drive aisles are requested to be constructed over the easement. The encroachment agreement will stipulate that the property owner will be responsible for restoring the property (pavement, curb, etc.) in the event the City needs to repair or replace the utilities, which includes an FNM fiber optic line. • The City will trade their excess property south of the proposed West 7a' Street extension to the bank in exchange for additional drainage and utility easement needed for the proposed stormwater pending north of West 7th Street. • RiverWood Bank will provide the necessary right of way for the extension of West 7th Street and provide an easement for the trail along the north side of West 7`t' Street. • RiverWood Bank will maintain (i.e. mowing) the boulevard and sloped area between the roadway and the pond. • The City will allow street and utility assessments for the extension of W 70' Street and the paving of Elm Street to be deferred for 10 years with no interest. The assessment would commence upon the end of the deferral period or at time of development (platting of lots and blocks), whichever occurs first. The assessment for the West 71' Street improvements totals a not -to- exceed amount of $850,430 and will be based on actual costs. The assessment for paving Elm Street totals $22,000. • Upon expiration of the deferral period, the assessment will be levied over 10 years at an interest rate of 2% above the prime rate at the time. City Council Minutes — May 13, 2013 Page 9 • The agreement will run with the land and the City will allow RiverWood Bank to transfer development agreement terms to a potential buyer. • Trunk fee amounts associated with development of the property are identified in the agreement with a capped amount, per RiverWood Bank's request. The alternate ponding fee will not apply to the property since RiverWood Bank is providing the land for the ponding. Shibani Bisson noted that RiverWood Bank has reviewed and agrees with the Assessment and Developer's Agreement as proposed. Trunk fees are incorporated into the Developer's Agreement as well as grading requirements. Shibani Bisson noted that the preliminary and final plat will be part of the agreement and will be brought to Council for approval at the next meeting. Following that, staff will be looking at going out for bids and should be able to complete the project by late fall. Clint Herbst questioned whether the work could be done within the construction period this year. Glen Posusta suggested they may want to consider waiting to pave the road until spring. Shibani Bisson said they should be able to complete the first lift, but they could see how the schedule works out. GLEN POSUSTA MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2013 -041 APPROVING THE ASSESSMENT AND DEVELOPMENT AGREEMENT WITH RIVERWOOD BANK FOR THE WEST 7TH STREET EXTENSION, CITY PROJECT NO. 12C002. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. Tom Perrault pointed out some corrections to the Developer's Agreement, which Shibani Bisson indicated will be fixed before the final copy is signed and recorded. 9. Consideration of authorizing preparation of a contract for services with WSB and Associates outlining terms and conditions associated with the Market Matching concept Jeff O'Neill explained that WSB has provided presentations to Council and to the EDA on their Market Matching concept for providing economic development services to the City. City staff is working to put together a contract on a 1 -year trial basis. Jeff O'Neill suggested that the cost for this could be split between the EDA and the City, and Council could determine the ratio for the split. Jeff O'Neill emphasized that city staff is still committed to working with local businesses and focusing on business retention and expansion. The proposal with WSB would focus on new business development. Clint Herbst commented that these would be services that are not done by city staff. Brian Stumpf also noted that WSB would provide data collection and reporting that can be used by city staff. Brian Stumpf explained that the EDA is in favor of the proposal in general although there was some discussion of how certain aspects would be handled. Lloyd Hilgart stated he wants the contract to include timelines and checkpoints along with some updates to Council and the EDA. City Council Minutes — May 13, 2013 Page 10 BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO AUTHORIZE PREPARATION OF A CONTRACT WITH WSB & ASSOCIATES OUTLINING TERMS AND CONDITIONS ASSOCIATED WITH PROVIDING THEIR MARKET MATCHING CONCEPT FOR ECONOMIC DEVELOPMENT SERVICES AT AN ANNUAL COST OF $48,000, WITH 50150 SHARE SPLIT BETWEEN THE CITY OF MONTICELLO AND THE MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 10. Added items Step Increases — Brian Stumpf commented on the notes from the Personnel Committee regarding how step increases are being handled. He would like to see this information coming to full Council for approval or denial. Clint Herbst asked Brian to consider the impact of bringing this to the full Council and noted that the Personnel Committee does have five people that consider the recommendations and come to a consensus. Clint Herbst feels that they put a lot of hard work and discussion into the process and does not think it would be suitable for an open meeting. Brian Stumpf noted that the guidelines of the Personnel Committee state that step increases and COLA come to full Council for approval and he was concerned about this being done. Glen Posusta stated that personnel matters are difficult to bring to a regular meeting and may have to be done in a closed meeting if brought to full council. Jeff O'Neill talked briefly about how step increases are weighed and the consideration that goes into a decision. Wayne Oberg stated that he feels the discussion is appropriate for the Personnel Committee rather than bringing them to a regular Council meeting. Brian Stumpf asked if it would be possible to speed up the time in getting the minutes from personnel committee meetings to Council. Recycling Day — Brian Stumpf stated that he would like to see Metro Appliance Recycling move the recycling day to a different day other than the fishing opener. It appears to affect the turnout for recycling. Bob Paschke noted that they are moving the date back a week for 2014. He also noted that the turnout was better this year with about three times the amount brought for recycling. Bob Paschke mentioned that Jason Warehime inquired on the possibility for the city to provide more advertising next year. City Council Minutes — May 13, 2013 Page 11 11. Adiournment GLEN POSUSTA MOVED TO ADJOURN THE MEETING AT 8:51 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Catherine M. Shuman Approved: March 28, 2013 Attest: Citj�A ffeinistrator City Council Minutes — May 13, 2013 Page 12