City Council Minutes 05-12-2014MINUTES
REGULAR MEETING — MONTICELLO CITY COUNCIL
Monday, May 12, 2014 — 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 p.m. and declared a quorum present. The
Pledge of Allegiance was recited.
2A. Approval of Minutes — April 28, 2014 Regular Meeting
TOM PERRAULT MOVED TO ACCEPT THE APRIL 28, 2014 MEETING MINUTES
AS CORRECTED. LLOYD HILGART SECONDED THE MOTION. MOTION
CARRIED 5 -0.
3. Consideration of adding items to the agenda
None
4. Citizen comments, public service announcements, and updates
A. Citizen Comments: None
B. Public Service Announcements:
1) Farmer's Market (5115) — Kitty Baltos announced the opening of the
summer Farmer's Market on Thursday, May 15 from 3:30 to 7 p.m. in the
Library parking lot. The Farmer's Market has been approved for accepting
SNAP cards and other credit/debit cards. Kitty noted that this is the 8th
year of operation and there are approximately 20 vendors offering a
variety of produce, plants, canned goods, baked goods, meat, eggs, honey,
maple syrup, hand- crafted items, and more.
2) Sound system in Mississippi Room — Kitty Baltos updated Council on
changes that Bill Bruce made to accommodate better sound on the
microphones. He adjusted the mixers and some settings and checked the
microphones and found the main one was bad, which he replaced. Bill
Bruce is also looking into some speakers for the dais and would like to
have someone come in and look at the acoustics in the room before he
makes other updates. He is hoping this cost would be covered by the
Cable Commission. Bill Bruce will keep Kitty Baltos updated. Kitty
Baltos also mentioned she placed papers on the dais with tips for using the
lapel mikes.
City Council Minutes — May 12, 2014 Page 1
C. Updates:
1) Flashing Yellow Arrows (FYA) /I -94 MnDOT Construction — Shibani
Bisson indicated the update will include two topics, one to discuss
implementation of FYA's on TH 25 that the Council requested MnDOT to
consider. The other topic is the signal adjustments staff has discussed with
MnDOT related to the ramp closures with the I -94 reconstruction project.
At the Council work session on March 24, it was discussed how FYA
could improve operations at the signalized intersections with the intent to
keep traffic moving. Another consideration is safety at these intersections.
Tom Dumont from MnDOT analyzed the safety aspect at these
intersections and provided a summary. Most of the left turns on Hwy 25
are now protected left turns. If they are changed to a permissive signal
(FYA), it may increase the number of crashes. MnDOT safety engineers
look at how much time is needed for a safe left turn and whether the sight
line allows a safe left turn.
Glen Posusta pointed out an issue with the signal at Hwy 25 for
southbound vehicles turning left onto Chelsea Road. Tom Dumont talked
about some of the considerations for installing FYA. Tom Dumont doesn't
think that FYA during daytime hours would be practical on Hwy 25 as
there is a significant amount of traffic between 6 a.m. and 6 p.m.
However, it might make sense to program them for overnight hours, when
there is less traffic. Tom Dumont indicated that he would not recommend
including FYA's at the signals along TH 25 at this time.
Clint Herbst suggested it might help to cycle some of the left turn signals
twice in a sequence to keep the left - turning traffic moving better at some
of the intersections on Hwy 25. Tom Dumont mentioned that they are
experimenting with longer cycles in some places and double cycles in
others. Double left turn cycles were implemented at the intersections of
Broadway and Chelsea Road and TH 25 prior to the closure of the
eastbound I -94 on ramps from TH 25 this morning May 12. Glen Posusta
commented on the traffic issues with turning traffic at 7' Street and Hwy
25. Lloyd Hilgart asked why they don't have FYA on the intersection at
7'h and Hwy 25. Tom Dumont explained that the entire intersection must
have separated lanes. He did mention that there are some other options for
traffic movements. He thought it would be good to look at that when the
city does some upgrades at that intersection. Tom Dumont noted that
some cameras have been mounted at various intersections so that MnDOT
can observe the traffic movements and make necessary adjustments.
It was discussed to not pursue implementation of FYA's at this time.
3) Xcel Plant cask storage campaign — Tim O'Connor introduced himself and
Site Vice President Karen Fili. Karen provided an overview of Xcel's
extended power uprate. The plant has been operating at approximately
89% power for about 100 days, following an outage that ended in January.
City Council Minutes — May 12, 2014 Page 2
The extended power uprate lasted over a period of three refueling outages.
In 2011 they replaced a steam dryer, which was designed for the
remaining life of the plant and for the power uprate of 671 megawatts.
Karen explained the process of monitoring the steam dryer during the
power uprate and some issues reported to the NRC. The plant is re-
evaluating some of the data at this time so they can bring the plant to full
power.
Tim O'Connor mentioned that one of the discussion points at the recent
public meeting was the dry cask storage. He noted they will be meeting
with the NRC this coming week to discuss an amendment to their license
to- accommodate a vendor deficiency in the course of welding the canisters
and one inspection of the weld that cannot be certified. O'Connor went
through some slides explaining the dry fuel storage and canisters that are
used for the storage. One of the inspections that was supposed to be
performed was completed but cannot be certified as it was not done
exactly as required for conformity. There are three possible solutions that
they will be presenting to the NRC. The 1St and 2nd options are not
recommended because it may create a safety issue. They are
recommending a license change request, which is the 3rd option. This
would be in line with what has been tested already and is the least risky
option in terms of safety. Tim O'Connor reviewed all of the steps that are
part of the canister weld process. Clint Herbst asked if there were any
similar situations with dry cask storage in other plants that would be
comparable. O'Connor said there have been some similar experiences that
were used to compare to this situation and they will be using this
information in their presentation. Clint Herbst thanked the representatives
from Xcel for providing this presentation.
4) LMC Annual Conference — Jeff O'Neill noted that the LMC Annual
Conference is being held in St Cloud this year and invited council
members to attend. A flyer was provided to them.
5) FiberNet Monticello — Brian Estrem talked about a purchase for a
replacement switch (router) at the Head -end building and at the 511
building, which will improve the performance of the network. The
funding came from money previously budgeted as part of 2.0
enhancements. Brian Estrem also invited council members to contact him
for a tour of the head -end building so they can see some of the updates
that are being made. Brian Estrem also noted that they have completed
their second billing with SourceOne and it is going very smoothly. Tom
Perrault asked when the budgeting process will start for 2015. Brian
Estrem stated that he is already working with Wayne Oberg on budget
planning for next year. Brian Estrem talked briefly about the need to keep
up with technology upgrades.
City Council Minutes — May 12, 2014 Page 3
6) West County Road 39 Chip Seal Project request from Wright County
Tom Moores noted that Wright County is in the process of doing some
chip sealing on West CR 39. The contractor on the project is looking for a
flat area to store their product for about one week and has approached the
city to utilize an area in the vicinity of the AME Redi -Mix plant. Tom
Moores said he feels this is appropriate and would make sure they provide
an insurance certificate to waive liability for the city.
Glen Posusta asked Tom Moores about the fading of the yellow lines on
Meadow Oak Avenue where the chip sealing was done. Tom Moores
stated that is due to the epoxy paint that was used with the fog sealing.
They will be revising the type of paint in the future, according to new
industry standards.
7) River Rider Transition — Clint Herbst noted that the city continues to look
at options for another transit provider.
5. Consent Agenda:
A. Consideration of approving payment of bills for May 12th. Recommendation:
Approve payment of bill and purchase card registers for May 12th for a total
amount of $495,203.11.
B. Consideration of approving new hires and departures for City departments.
Recommendation: Ratify new hires and terminations for MCC and Hi Way
Liquors.
C. Consideration of adopting Resolution #2014 -050 to accept a contribution from
Cargill Kitchen Solutions for flower planting on Broadway West.
Recommendation: Adopt Resolution #2014 -050 accepting a contribution of
$500 from Cargill Kitchen Solutions for flower plantings.
D. Consideration of adopting Resolution #2014 -051 to accept a contribution from
CenterPoint Energy for gas monitors for the Fire Department and AED equipment
for the Community Center. Recommendation: Adopt Resolution #2014 -051
accepting a contribution of $2500 from CenterPoint Energy for gas monitors for
the Fire Department and AED equipment for the Community Center.
E. Consideration of approving an application for an excluded charitable gambling
permit for Riverfest bingo to be conducted by the Monticello Senior Center.
Recommendation: Approve an application for an excluded charitable gambling
permit for the Monticello Senior Center to conduct bingo at Ellison Park during
Riverfest on July 13th.
F. Consideration of approving applications for temporary on -sale liquor licenses for
the Monticello Lions Club for Riverfest Community Celebration on July 12 -13,
2014. Recommendation: Approve applications for temporary on -sale liquor
City Council Minutes — May 12, 2014 Page 4
licenses for the Monticello Lions Club for July 12 -13, 2014 at Ellison Park and
the Monticello Community Center parking lot.
G. Consideration of approving annual liquor license renewals for 2014 -2015,
contingent upon payment of fees and completion of required forms.
Recommendation: Approve annual liquor license renewals for 2014 -2015 for
the following license holders, contingent upon payment of fees and submission of
required forms.
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 #210 (Blazin Wings Inc)
4. Capitan Pancho Villa (IC Enterprises LLC)
5. Chatters Restaurant & Bar (West River Restaurants Inc)
6 Cornerstone Cafe & Catering (Cornerstone Cafe & Catering Co)
7. Hawk's Sports Bar & Grill (Hawk's Sports Bar & Grill Inc)
8. Monticello Country Club (Monticello Country Club Inc)
9. Rancho Grande (Rancho Grande Mex. Rest. Inc. #2)
10. River City Extreme (River City Lanes Acquisition Group Inc)
11. 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 (TMC & J Taylor Corp.)
3. Buffalo Wild Wings #210 (Blazin Wings Inc)
4. Capitan Pancho Villa (IC Enterprises LLC)
5. Chatters Restaurant & Bar (West River Restaurants Inc)
6 Cornerstone Cafe & Catering (Cornerstone Cafe & Catering Co)
7. Hawk's Sports Bar & Grill (Hawk's Sports Bar & Grill Inc)
8. Monticello Country Club (Monticello Country Club Inc)
9. Rancho Grande (Rancho Grande Mex. Rest. Inc. #2)
10. River City Extreme (River City Lanes Acquisition Group Inc)
11. The Station Bar & Grill (TDDC LLC)
12. American Legion Club 260
13. Club Dorchester (VFW 8731)
14. Bluestone Grill (Pauly Companies Inc.)
Liquor - Club (fee -set by statute based on membershiy)
1. American Legion 260 - $500
2. Club Dorchester (VFW 8731) - $500
Liquor - one /Strong Beer Combination ($1,200)
1. Bluestone Grill (Pauly Companies Inc)
3.2% Beer - On -Sale (fee $275)
1. Bluestone Grill (Pauly Companies Inc)
2. China Buffet (Lin, Chuan)
3. Monticello Community Center Concessions at Ballfaelds (City of
Monticello)
City Council Minutes — May 12, 2014 Page 5
3.2% Beer - Off Sale (fee $100)
1. Cub Foods (Monticello 1998 LLC)
2. Kwik Trip #345 (Kwik Trip Inc)
3. SuperAmerica #4479 (Northern Tier Retail LLC)
4. Target Store T -2180 (Target Corporation)
5. Wal -Mart Supercenter #3624 (Wal -Mart Stores Inc)
H. Consideration of appointing a representative to the Monticello Police Advisory
Commission to fill a vacancy for a term to expire on 12/31/2014.
Recommendation: Appoint Elizabeth Cooper to the Monticello Police Advisory
Commission to fill a vacancy for a term to expire December 31, 2014.
I. Consideration of adopting Ordinance #597 amending City Code, Title 2, Chapter
7 — Police Advisory Commission, to amend Council representation.
Recommendation: Adopt Ordinance #597 amending City Code Title 2, Chapter
7 — Police Advisory Commission, as follows:
2 -7 -2: MEMBERSHIP:
(A) Composition - The Commission shall consist offour general
members and one member of the City Council. The
representative of the City Council shall be a full voting member
of the Commission.
J. Consideration of accepting quotes and approving proposal from Miracle
Recreation Equipment Company for the replacement of River Mill Park
playground equipment. Recommendation: Accept quotes and approve purchase
of playground equipment from Miracle Recreation Equipment Company in the
amount of $43,513.85 plus miscellaneous other costs for a total of $48,013.85,
with a supervised install assisted by Public Works staff.
K. Consideration of adopting Summary Ordinance #592A (Swan River PUD) and
#594A (R -4 zoning districts) to approve condensed ordinances for publication.
Recommendation: Adopt Summary Ordinances #592A and #594A for
publication.
L. Consideration of adopting Ordinance #595 approving the official zoning map for
2014. Recommendation: Adopt Ordinance #595 approving the 2014 City of
Monticello Official Zoning Map, including Shoreland/Floodplain companion
map.
M. Consideration of establishing the Communications Coordinator as a full -time
position. Recommendation: Approve establishment of the Communications
Coordinator as a full -time position.
N. Consideration of adopting Resolution #2014 -052 approving Lot 1, Block 1 of
Hillside Farm 3rd Addition, a tax forfeit parcel, to be released to Wright County
for public auction. Recommendation: Adopt Resolution #2014 -052 approving
City Council Minutes — May 12, 2014 Page 6
Lot 1, Block 1, Hillside Farm Yd Addition to be released to Wright County for
public auction.
O. Consideration of adopting Ordinance #598 establishing the Bertram Chain of
Lakes Regional Park Advisory Council in city code and adopting Resolution
#2014 -046 approving bylaws for the Advisory Council. Recommendation:
Adopt Ordinance #598 establishing the Bertram Chain of Lakes Regional Park
Advisory Council in City Code as Title 2, Chapter 11 and adopt Resolution
#2014 -046 approving bylaws for the Advisory Council.
P. Consideration of approving a letter of recommendation to the Wright County
Board of Commissioners supporting amendments to the Wright County Water
Surface Use Ordinance and the Wright County Park Ordinance as related to
Bertram Chain of Lakes Regional Park. THIS ITEM WAS REMOVED FROM
THE CONSENT AGENDA.
Q. Consideration of approving an agreement between the City of Monticello, Wright
County, and the Minnesota Off -Road Cyclists (MORC) for development and
maintenance of a single -track mountain bike trail at the Bertram Chain of Lakes
Regional Park. Recommendation: Approve an Agreement between the City of
Monticello, Wright County, and Minnesota Off -Road Cyclists (MORC) for
development and maintenance of a single -track mountain bike trail at Bertram
Chain of Lakes Regional Park.
R. Consideration of approving clarification and extension from September 15th to
October 1 st in the License Agreement for Shafer Contracting Company, Inc., in
conjunction with MnDOT's 1 -94 Reconstruction Project. Recommendation:
Approve a clarification and extension from September 15th to October 11 in the
License Agreement for Shafer Contracting Company, Inc.
S. Consideration of approving a Special Event Permit for River City Extreme to
allow a helicopter landing in their parking lot at night. THIS ITEM WAS
TABLED INDEFINITELY.
BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH ITEMS
5S AND 7B TABLED INDEFINITELY TO A FUTURE MEETING AND REMOVAL
OF ITEM 5P. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5-
0.
6. Consideration of items removed from the consent agenda for discussion
5P. Consideration of approving a letter of recommendation to the Wright County
Board of Commissioners supporting amendments to the Wright County Water Surface
Use Ordinance and the Wright County Park Ordinance as related to Bertram Chain of
Lakes Regional Park
City Council Minutes — May 12, 2014 Page 7
Tom Perrault asked about some of the activities that would be prohibited under these
amendments such as motor boats and jet skis. He also inquired about prohibiting alcohol,
and wondered how that would affect the ballfields. Clint Herbst noted that this subject
had been discussed on the Advisory Council. Alcohol would be prohibited in most areas
of the park according to county standards, but alcohol would be allowed for events at the
athletic fields. Tom Perrault questioned why motors would not be allowed on the lakes.
Clint Herbst explained that the lakes are very small and it was decided not to allow
motorized watercraft. It was noted that electric motors will be allowed.
Lloyd Hilgart asked if power augers and 4- wheelers would be allowed. Power ice augers
would be allowed for the most part, but not 4- wheelers except for special event purposes.
GLEN POSUSTA MOVED TO APPROVE A LETTER OF RECOMMENDATION TO
THE WRIGHT COUNTY BOARD OF COMMISSIONERS IN SUPPORT OF THE
PROPOSED AMENDMENTS TO THE WRIGHT COUNTY WATER SURFACE USE
ORDINANCE AND THE WRIGHT COUNTY PARK ORDINANCE AS RELATED
TO BERTRAM CHAIN OF LAKES REGIONAL PARK. BRIAN STUMPF
SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH TOM PERRAULT
VOTING IN OPPOSITION.
7. Regular Agenda:
A. Consideration of approving the purchase of Phases V and VI of the Bertram
Chain of Lakes Regional Park, including shifted Phase V acreage, and approve
corresponding purchase documents: Phase V Purchase Agreement; Phase VI
Purchase Agreement; Fifth Addendum to the Memorandum of Understanding
between the City of Monticello, Wright County, and the YMCA; Amended and
Restated Shared Use Agreement; Ground Lease; Operating Agreement; and First
Addendum to the O ep rating Agreement
Angela Schumann explained that she would be reviewing all of the documents to
be approved as part of the purchase of Phase V and VI acquisitions. Angela
Schumann gave a presentation listing all of the agreements that are part of these
acquisitions: Fifth Addendum to the Memorandum of Understanding (MOU) for
the project, Amended and Shared Use Agreement, Phase V purchase agreement,
Phase VI purchase agreement, Phase VI Ground Lease, Phase VI Operating
Agreement, and Phase VI First Addendum to Operating Agreement.
The Phase V purchase agreement is for 40.17 acres which includes a portion of
Parcels 1 and 8. This acquisition utilizes $369,713 awarded with 2012 Outdoor
Recreation grant funds, which is a 50150 match with the state. The state will
reimburse the city after the purchase is completed. Council approved the match
funding request in August of 2012.
The Phase VI purchase includes 124 land acres which is the balance of Parcels 5,
7, and 8. This acquisition utilizes $1.8 million in grant funds with a portion at an
80/20 match and a portion at a 60/40 match. This purchase includes the beach at
City Council Minutes — May 12, 2014 Page 8
Bertram Lake and completion of shoreland acquisitions at Bertram and Long
Lakes, including the YCMA Camp Manitou lease area. Council approved the
funding request in June of 2013.
Angela Schumann talked about the Fifth Addendum to the MOU. The original
MOU was approved in November of 2008, which outlined the phased purchase of
property and set a final purchase price for approximate 1200 acres of land at
$20.5 million. The Fifth Addendum memorializes the record of the current and
past transactions and includes an extension of the City /County's ability to
purchase land incrementally through 2015.
Angela Schumann reviewed the Amended and Restated Shared Use Agreement
which provides for shared use of facilities on land owned by both the YMCA and
by the City /County with the majority of ownership shifting to the City /County
now.
The Ground Lease document sets the terms by which the City /County will lease
12.42 acres to the YMCA. The State granting agencies have been advised of this
document and language has been added to satisfy requirements of the State and
YMCA, with a notation that one granting agency's review may result in
additional minor modifications.
Angela Schumann next discussed the Operating Agreement and First Addendum
which provides day -to -day management structure between the three parties and
outlines a decision - making framework for programs and improvements beyond
those in the Ground Lease.
The recommendation to Council is to approve the agreements as presented and
approve the acquisition of Phases V and VI to create a regional park of almost
1000 land and water acres. This includes ownership of shoreland around Bertram
and Long Lakes, including the Bertram beach plus the area which the YMCA will
lease for its summer youth day camp facility. The Wright County Board will
review this same recommendation tomorrow and make their decision.
Lloyd Hilgart asked about the phases that are left to acquire. Angela Schumann
noted that would depend on grant awards. Angela explained which areas have
been funded by grants, areas that have grant applications in process, and areas that
may be eligible for grants which the city and county will be studying. Clint
Herbst added some comments about the process to acquire the parkland and the
desire to make this into a park that can be enjoyed by families for years to come.
Lloyd Hilgart asked if developments like ALDI's and Goodwill would generate
park dedication fees. Angela Schumann explained that commercial uses are not
charged for park dedication fees. Lloyd Hilgart stated that it is probably not too
long before there are some new residential developments that will be started and
would generate park dedication fees. Lloyd Hilgart asked if those new park
dedication fees could be put back into the funds which were used to pay for
purchases at Bertram Chain of Lakes Park. Clint Herbst stated that he feels that
City Council Minutes — May 12, 2014 Page 9
was always the intent. Angela Schumann noted that there would be a transfer
authorized as part of this purchase which was identified by the Finance Director.
Angela Schumann also explained how park dedications fees are calculated.
Wayne Oberg commented that MORC (Minnesota Off -Road Cyclists) did a nice
job on the bike trails that are out there.
BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO APPROVE THE
PURCHASE OF PHASES V AND VI OF THE BERTRAM CHAIN OF LAKES
REGIONAL PARK, INCLUDING FUNDING OF AN ESTIMATED
$1,159,353.00 PURCHASE AT CLOSING, INCLUDING SHIFTED PHASE V
ACREAGE, AND TO APPROVE CORRESPONDING PURCHASE
DOCUMENTS: PHASE V PURCHASE AGREEMENT; PHASE VI
PURCHASE AGREEMENT; FIFTH ADDENDUM TO THE MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF MONTICELLO, WRIGHT
COUNTY, AND THE YMCA; AMENDED AND RESTATED SHARED USE
AGREEMENT; GROUND LEASE; OPERATING AGREEMENT; AND FIRST
ADDENDUM TO THE OPERATING AGREEMENT, AND TO APPROVE A
TRANSFER OF $494,500 TO THE PARK AND PATHWAY FUND FROM
THE CAPITAL PROJECTS FUND. GLEN POSUSTA SECONDED THE
MOTION. MOTION CARRIED 4 -1 WITH TOM PERRAULT VOTING IN
OPPOSITION.
B. Consideration of accepting bids and awarding contract for a fire tender truck
THIS ITEM WAS TABLED INDEFINITELY.
8. Added items
• I -94 Construction — Shibani Bisson noted that the westbound I -94 entrance to the
freeway from CSAH 18 and the westbound off ramp to TH 25 will be closed
starting May 21 st
9. Adjournment
TOM PERRAULT MOVED TO ADJOURN THE MEETING AT 8:35 P.M. BRIAN
STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0.
Recorder: Catherine M. Shuman 6#t&
Approved: May 27, 2014
Attest:
C1 inistrator
City Council Minutes — May 12, 2014 Page 10