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City Council Minutes 10-28-2013MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, October 28, 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 7:00 p.m. and declared a quorum present. The Pledge of Allegiance was recited. 2A. Approval of Minutes — October 14, 2013 Regular Meeting GLEN POSUSTA MOVED TO ACCEPT THE OCTOBER 14, 2013 REGULAR MEETING MINUTES AS PRESENTED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 3. Consideration of adding items to the agenda • Jeff O'Neill requested removal of Item 5F from tonight's agenda • West Cello apartment parking in Kampa Circle (Clint Herbst) • Explanation on Well #4 building (Glen Posusta) • Wildflower plantings (Clint Herbst) 4. Citizen comments, public service announcements a. Citizen Comments: None b. Public Service Announcements: 1) 2013 Industry of the Year — Suburban Manufacturing: Angela Schumann announced that the Industry of the Year breakfast was held on October 23rd. The Industry of the Year award went to Suburban Manufacturing. The breakfast was hosted by the City's IEDC and Economic Development Authority and the Monticello Times. 2) Indoor Farmer's Market — Angela Schumann announced the schedule for the MCC Indoor Farmer's Market which will be held in the Monticello Community Center on November 2nd as well as other dates throughout the winter. Market hours are 9 a.m. to 1 p.m. 3) Leaf Pick -up (11/2) — Tom Moores announced that Saturday, November 2nd will be the annual leaf pick -up. Bags should be left at the curb and will be picked up starting at 7 a.m. that day by Advanced Disposal Services. City Council Minutes — October 28, 2013 Page 1 5. Consent Agenda: A. Consideration of approving payment of bills for October 28th. Recommendation: Approve payment of bill and purchase card registers in the amount of $871,274.56. B. Consideration of approving new hires and departures for City departments. Recommendation: Ratify new hires and terminations for MCC, Parks, and Streets. C. Consideration of approving an application for a temporary charitable gambling permit for a raffle conducted by the Monticello Chamber of Commerce for their Annual Banquet. Recommendation: Approve the application for a charitable gambling permit for a raffle to be conducted by the Chamber of Commerce at the Community Center on Friday, December 6, 2013. D. Consideration of approving Change Order No. 1 for the Sludge Dewatering Facility for Phase 1 of the Waste Water Treatment Facility Biosolids Dewatering, Energy Efficiency, Headworks and Site Improvements, City Project No. 12C003. Recommendation: Approve Change Order No. 1 for the Sludge Dewatering Facility, City Project No. 120003 in the net amount of $8,179.83. E. Consideration of adopting Resolution #2013 -089 delegating authority to pay certain claims to the position of Finance Director. Recommendation: Adopt Resolution #2013 -089 delegating authority to pay certain claims to the position of Finance Director, and in his /her absence, to the Assistant Finance Director. (Payment of said claims will follow procedures as indicated in Appendix A of the resolution.) F. Consideration of approving funding for development of a new website for FiberNet. This item was removed from the October 28th agenda for future consideration. G. Consideration of adopting Resolution #2013 -090 approving preliminary and final plat and developer's agreement for Monticello Business Center Seventh Addition and approving a Conditional Use Permit for cross access and parking for a retail commercial use in a B -4 (Regional Business) District. Applicant: ALDI, Inc. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. H. Consideration of adopting Resolution #2013 -091 approving an assessment and waiver of hearing and easement agreement for part of SE 1/ in Section 15 of Monticello Township (PID 213 -100 - 151400) for School Boulevard West Extension, City Project No. 2005 -02C Applicant: Ocello, LLC. Recommendation: Adopt Resolution #2013 -091 approving an assessment and easement agreement with Shawn Weinand of Ocello, LLC for a portion of SE 1/ City Council Minutes — October 28, 2013 Page 2 in Section 15 of the Monticello Township (PID 213 -100- 151400) for School Boulevard West Extension, City Project No. 2005 -02C. LLOYD HILGART MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM F FOR FUTURE CONSIDERATION AND REMOVAL OF ITEM G FROM THE CONSENT AGENDA. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 6. Consideration of items removed from the consent agenda for discussion 5G. Consideration of adopting Resolution #2013 -090 approving preliminary and final plat and developer's agreement for Monticello Business Center Seventh Addition and approving a Conditional Use Permit for cross access and parking for a retail commercial use in a B -4 (Regional Business) District. Applicant: ALDI, Inc. Tom Perrault asked to remove this item because he had several clarifications to verify. He noted corrections in the Development Contract on page 8, section 18; page 9, sections 23 and 24; pages 10 -11, section 26; and pages 12 -15, section 29J; and in the truncated language in the Planning Commission resolution. Angela Schumann indicated that she would make the necessary corrections. Torn Perrault also inquired as to the phrasing "metropolitan" in item 29, page 12. Angela Schumann explained that this is standard language to provide the City with adequate controls should metropolitan district requirements, such as those for watersheds or wetlands, ever apply to this area. Angela Schumann noted for the record that the agreement will utilize cross parking and not shared parking. As such, she indicated that the language related to this condition would be revised in both the development agreement and conditional use permit to that which is agreed to by applicant and City attorneys. Andy Brandel, from I &S Group, representing ALDI as Project Engineer, stated that they plan to break ground in the spring. TOM PERRAULT MOVED FOR ALTERNATIVE #1 TO APPROVE DECISION 1 AND 2 AS LISTED BELOW. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. DECISION 1: ADOPT RESOLUTION #2013 -090 APPROVING THE PRELIMINARY AND FINAL PLAT AND DEVELOPMENT CONTRACT FOR MONTICELLO BUSINESS CENTER SEVENTH ADDITION, BASED ON FINDINGS IN PLANNING COMMISSION RESOLUTION 2013 -082, AND CONTINGENT ON THE CONDITIONS IN EXHIBIT Z AS FOLLOWS. DECISION 2: APPROVE A CONDITIONAL USE PERMIT TO ALLOW CROSS ACCESS AND CROSS PARKING BETWEEN THE ALDI SITE (LOT 1, BLOCK 1) AND OUTLOT A TO THE EAST, BASED ON FINDINGS IN PLANNING COMMISSION RESOLUTION 2013 -083, AND CONTINGENT ON THE CONDITIONS IN EXHIBIT Z AS FOLLOWS. City Council Minutes — October 28, 2013 Page 3 • The applicant complies with the terms of the City Engineer's report, dated September 24, 2013. • The applicant revise the landscaping plan so that the proposed Euonymous fortunei shrub is replaced with an alternative shrub species, as this species can be invasive. Attractive shrub alternatives include Diervilla lonicera (Dwarf Bush Honeysuckle) and /or Rhus aromatic (Gro -Low Fragrant Sumac). • The applicant provide a properly drawn legal instrument executed by the parties concerned for cross use of off - street parking facilities and cross access, duly approved as to form and manner of execution by the City Attorney, to be filed with the City Administrator and recorded with the County Recorder of Wright County. 7. Public Hearing - Consideration of adopting Resolution #2013 -092 approving an assessment roll for delinquent accounts receivable to be certified for 2014 payable tax year Wayne Oberg reviewed the proposed assessment roll for delinquent accounts receivable for 2014 payable and compared it to last year. He pointed out that the number of parcels dropped from 63 to 10 and the amount from $38,743.35 to $23,365.88. He also noted that the property owner is aware of the Maplewood development charges. Mayor Herbst opened the public hearing. As there were no comments, the public hearing was closed. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2013 -092 APPROVING THE ASSESSMENT ROLL FOR DELINQUENT MISCELLANEOUS ACCOUNTS RECEIVABLE, WITH THE ADDITION OF A $75 PROCESSING FEE FOR EACH PARCEL, TO BE CERTIFIED TO THE COUNTY AUDITOR FOR 2014 PAYABLE TAXES. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. 8. Public Hearing - Consideration of adopting Resolution #2013 -093 approving an assessment roll for delinquent utilities to be certified for 2014 payable tax year Wayne Oberg discussed the proposed assessment rolls for delinquent utility bills totaling $144,426.86, and compared the total amounts for the years from 2007 to 2013. Wayne Oberg noted that the amounts have decreased from 2007 but fluctuate from year to year. He also noted that the utility rates have increased over those years, yet the delinquencies are lower than 2007 and there are fewer accounts that are delinquent. Wayne Oberg provided other comparisons in his analysis of the utility delinquencies. Mayor Herbst opened the public hearing. As there were no comments, the public hearing was closed. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2013 -093 APPROVING THE ASSESSMENT ROLL FOR DELINQUENT UTILITIES, WITH THE ADDITION OF A $75 PROCESSING FEE FOR EACH City Council Minutes — October 28, 2013 Page 4 PARCEL, TO BE CERTIFIED TO THE COUNTY AUDITOR FOR 2014 PAYABLE TAXES. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 9. Consideration of approving the annual Snow Plowing /Removal Policy for the 2013- 2014 snow season Tom Moores presented the Snow Plowing /Removal Policy to Council noting that there are limited changes this year. He pointed out the changes for the following: Primary Snow Emergency Routes 1. Dundas Road from TH 25 east to Fallon Ave has been added due to Xcel Energy's maintenance shop being located on that road. Many times Xcel is dispatched out to electrical outages during snowstorms. Secondary Snow Emergency Routes 1. Dundas Road was moved to Primary Route. 2. Edmonson Avenue from Chelsea Road to 85th St NE was added due to the amount of traffic, as well as it being a main road into the city from the south. 3. Cedar Street from Oakwood Drive to the end due to the amount of traffic. 4. Fallon Avenue from Chelsea Road to 85th St NE was added due to the amount of traffic and the proximity to Little Mountain Elementary. �iriPwalkc 1. Added primary and secondary routes for sidewalk maintenance. Primary will be plowed immediately and secondary will be cleared later. This will allow more concentration of personnel for street snow removal. Tom Moores noted that each snowstorm is slightly different so the protocol may change slightly from time to time. Clint Herbst asked if they get requests from businesses and citizens regarding snow removal. Tom Moores said that they do get requests and all of those are documented to be considered for inclusion in the policy for the next year. Glen Posusta asked if staff had discussed when the snow level is deep enough to start plowing. He indicated that there were times in the past that the snow was not removed as quickly on Sundays as other times. Tom Moores explained that they take into consideration the staffing and overtime hours on weekends or hours outside of the normal work day. He also noted that each snowfall is different and that may also have a bearing on when they start plowing. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO APPROVE THE 2013 -2014 SNOW PLOWING AND ICE REMOVAL POLICY. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. Tom Perrault noted a correction on page 13, that the last line of the chart for Secondary Sidewalks should be West 7th Street, for the new sidewalk that was added this year. City Council Minutes — October 28, 2013 Page 5 Tom Perrault asked about the probability of paving the new section of West 7t1i Street this year. Shibani Bisson explained that the gravel is dried out but they will wait to see what happens with the weather this week. Tom Moores said the intersection will be paved for sure. If the road does not get paved, the road will be blocked off completely until it can be paved in the spring. 10. Added items Council Connection update on Well #4 building — Glen Posusta asked for a clarification on the update regarding the Well #4 Building, which cannot be used to store a generator. Matt Theisen explained that, at the time they bid out the specifications for the building, he was not aware the law had been changed to require more than a 20 foot distance from a well for storage of any items containing fuel. This would prohibit a generator from being placed into the building as the plans now specify. Matt Theisen indicated he had discussed this with the building contractor; however the plans cannot be changed because he has already started ordering the supplies. Consensus was to leave the building plans as they are and use the space for other needed storage. • West Cello apartment parking on Kampa Circle — Jeff O'Neill summarized an issue that has been brought to the attention of city staff. Property owners in Kampa Circle have complained about the number of cars that are parking on the street in Kampa Circle from the neighboring West Cello apartments. Jeff O'Neill explained that city staff is meeting with the West Cello apartment manager this week to discuss the situation and try to determine a solution. Tom Moores said that Public Works staff has been monitoring the parking situation and found that during the week there is ample space in the apartment lot, although on weekends it does get rather crowded in the apartment lot. • Wildflower plantings in passive park areas — Clint Herbst asked Council if they would be interested in having staff look into possibly doing some natural plantings in some park -like areas rather than having to mow those areas. Consensus was to direct staff to look at areas that could be planted rather than mowed. 11. Adjournment BRIAN STUMPF MOVED TO ADJOURN THE MEETING AT 7:45 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Catherine M. Shuman &WIJI) Approved: November 12, 2013 Attest: CitAdistrator City Council Minutes — October 28, 2013 Page 6