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City Council Minutes 06-23-2014MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, June 23, 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 7:01 p.m. and declared a quorum present. The Pledge of Allegiance was recited. 2A. Approval of Minutes — May 27, 2014 Regular Meeting TOM PERRAULT MOVED TO ACCEPT THE MAY 27, 2014 REGULAR MEETING MINUTES AS PRESENTED. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. 2B. Approval of Minutes — June 9, 2014 Special Meeting TOM PERRAULT MOVED TO ACCEPT THE JUNE 9, 2014 SPECIAL MEETING MINUTES AS PRESENTED. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 2C. Approval of Minutes — June 9, 2014 Regular Meeting LLOYD HILGART MOVED TO ACCEPT THE JUNE 9, 2014 REGULAR MEETING MINUTES AS PRESENTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 3. Consideration of adding items to the agenda • Swan River grass mowing (Clint Herbst) • 7 Fairway Drive nuisance (Brian Stumpf) 4. Citizen comments, public service announcements, and updates A. Citizen Comments: None B. Public Service Announcements: 1) Movie in the Park (6/28) — Kitty Baltos reported that Movie in the Park takes place this Saturday, June 28th in Pioneer Park and is sponsored by Monti Times. The movie, "Gravity" is free; bring your own lawn chairs and blankets and mosquito spray. Concessions are available for sale. Movie starts at dusk around 9:30 p.m. If rain, look for Facebook message and MCC will reschedule. City Council Minutes —June 23, 2014 Page 1 2) MCC Block Parry (7/10) — Kitty Baltos announced the Riverfest Block Party taking place on Thursday, July 10th from 11 a.m. to 1 p.m. on the south side of the community center. There will be free food and activities. This is sponsored by the Community Center, City Hall, Senior Center, MN Army National Guard, FiberNet Monticello, and the Monticello Times. 3) Riverfest (7/10 -13) — Angela Schumann noted that Riverfest activities run from Thursday, July 10' through Sunday, July 13th. Check out the website at www.monticellon'verfest.com to get all the details about Riverfest. 4) "The Legends in Purple" at Hi Way Liquors (7/12) — Rachel Leonard announced that "The Legends in Purple" will be present at Hi Way Liquors on Saturday, July 12th. The event features four former Minnesota Vikings from 1 -2 p.m. 5) Xcel Tree Trimming — Tom Moores updated Council on Xcel's tree trimming schedule. They have started trimming trees around powerlines and will continue in another few weeks. Contact Public Works if questions or concerns. 6) Chipsealing Project — Tom Moores noted that the chip sealing project is underway and the contractor will be fog sealing very soon. Please watch for signage in areas at the west end of town such as West River Street, Par West, Prairie Road and Nicholas Circle. C. Updates: 1) Public transit service: Trailblazer Transit and MnDOT officials will be giving a presentation, on Monday, June 30th at 6 PM at St. Michael City Hall, about the public transit services to be provided in Wright County. Clint Herbst noted that he has been receiving a number of phone calls from citizens and he has assured them the city is not dropping transit. Council members will be attending the meeting on June 30t' and are bringing questions forward. Jeff O'Neill explained that River Rider service will be ending June 30th. Those needing rides can call Trailblazer to find out how they can schedule a ride. Hoglund Transportation is also available to provide rides to fill the gap if Trailblazer cannot. Brian Stumpf asked if Hoglund's would be able to provide service if Trailblazer could not handle rides in Monticello. Clint Herbst explained that the City has met with Hoglund's, Trailblazer, and MnDOT to discuss bus service options and express concerns about providing service in Monticello after June 30th. 5. Consent Agenda: City Council Minutes —June 23, 2014 Page 2 A. Consideration of approving payment of bills for June 23rd. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. B. Consideration of approving new hires and departures for City departments. Recommendation: Ratify new hires and terminations for MCC and FiberNet. C. Consideration of adopting Resolution #2014 -063 establishing an Absentee Ballot Board for the 2014 Elections. Recommendation: Adopt Resolution #2014 -063 establishing an Absentee Ballot Board for the 2014 Elections. D. Consideration of appointing election judges to serve for the 2014 elections, including judges for the Absentee Ballot Board and Health Care Facility voting. Recommendation: Appoint election judges listed as follows for the 2014 elections. Ahrens, Jerrie Hoskins, Darla Anderson, Cindy Hultberg, Lois Anderson, Fred Kendall, Harvey Bitzer, Gladys Lenzen, Mary (lead) Brauch, Donna Moody, Judy Broekemeier, Pam Nesland, MerriJo (Jo) Carlson, David Norling, Carol Dahl, Rosemary (lead) Norling, Lonnie DeMarais, Agnes Opay, Frank Doucette, Richard Ordonez, Denise Duran, Rosanne (lead) Peters, Diane Erickson, Keri Quick, Richard (Head) Fair, Bill Rhoades, Alyssa (lead) Fink, Timothy Sanborn, James Gilberts, Lana Seefeldt, Merrlyn Gilberts, Mark Smith, Jeanette Gillham, Lynnea Solberg, Darlene Gordon, Jacquelin Sonju - Thielman, Patricia Grabinski, Robert Spiers, Julie (lead) Hoffarth, William Stevenson, Jim E. Consideration of approving individual pension contribution amount for Monticello Fire Relief Association members. Recommendation: Approve setting the individual pension benefit level at $3,100 for current Fire Relief Association members and the deferral rate at 2.5% for past members. F. Consideration of approving a Special Event Permit allowing use of city streets and related assistance for the Downtown Block Party on July 9, 2014. Applicant: Monticello Chamber /Cornerstone Cafe. Recommendation: Approve the Special Event Permit allowing temporary closing of Walnut Street from 7:00 AM until 10:00 PM. on Wednesday, July 9b, 2014, including the use of public parking City Council Minutes —June 23, 2014 Page 3 facilities, staff resources and amenities as described in the Special Event Permit application, contingent on the following: • Continued site coordination with Street Superintendent. • Restoration of the Third Street parking lot to satisfaction of Public Works department. • Verification of notification of affected local businesses by permit holder. • Application for temporary sign permit for wastewater treatment site. G. Consideration of approving Special Event Permit allowing use of Ellison Park and related assistance in conjunction with Art in the Park/Taste of Monticello on Saturday, July 12, 2014. Applicant: Monticello Chamber of Commerce. Recommendation: Approve the Special Event Permit, with fee waiver, allowing use of Ellison Park and related assistance in conjunction with the Art in the Park/Taste of the Town celebration on July 12, 2014, subject to submission of a certificate of general liability coverage with the City named as additional insured. H. Consideration of approving Special Event Permit allowing use of Ellison Park, West Bridge Park, Pioneer Park, and Community Center Parking Lot; use of city streets for the Riverfest parade; and related assistance in conjunction with the annual Riverfest celebration on July 12 -13, 2014. Applicant: Riverfest Committee. Recommendation: Approve the Special Event Permit, with fee waiver, allowing use of Ellison Park, Pioneer Park, and Community Center Parking Lot and related City staff assistance in conjunction with the annual Riverfest celebration on July 10 -13, 2014, contingent on the following: • Continued site plan and traffic control coordination with Public Works • Submission of certificate of liability coverage with City named as additional insured for Ellison and Pioneer Park and Community Center events • Lot closure signage and notification in coordination with the Street Superintendent as needed I. Consideration of approving a Special Event Permit for outdoor entertainment at Chatter's Bar & Grill on July 11, 2014. Applicant: Richard Brendsel /West River Restaurants, Inc. Recommendation: Approve the Special Event Permit for outdoor entertainment from 9 PM to 1 AM at Chatter's Restaurant Bar & Grill for July 11 a', 2014. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM A. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 6. Consideration of items removed from the consent agenda for discussion SA. Consideration of approving payment of bills for June 23rd City Council Minutes —June 23, 2014 Page 4 Tom Perrault asked why the city is supplying cough drops for first aid kits under Zee Medical. Wayne Oberg stated that is a FiberNet charge. Clint Herbst asked about purchase of mailbox posts. Tom Moores explained that these are for some areas in Hunter's Crossing; the developer defaulted before he completed the mailbox structures. The City is putting up the cluster mailbox structures to complete the project. Glen Posusta objected to the City providing the mailboxes and feels that should be the responsibility of the developer and/or homeowners. Wayne Oberg stated that he had authorized this expenditure in order to complete the development requirements. City staff is looking into revisions to the developer agreements to address this issue. Angela Schumann explained that the letter of credit covers public improvements and may cover mailboxes. In addition, cash securities were provided. Staff would have to verify which covered what items and whether the mailboxes could be covered by any existing securities. Glen Posusta reiterated that he feels the homeowners should purchase their own mailboxes. Clint Herbst asked staff to report back on possible recovery of costs. Tom Perrault also asked about an invoice from Mankato Networks LLC for $83,397.77, and Jeff O'Neill confirmed those purchases were related to the FiberNet 2.0 project. GLEN POSUSTA MOVED TO APPROVE THE BILL AND PURCHASE REGISTERS FOR A TOTAL OF $686,211.74. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 7. Regular Agenda: A. Public Hearing - Consideration of approving the 2013 Storm Water Pollution Prevention Program (SWPPP) Annual Report Shibani Bisson provided a presentation regarding the SWPPP program and noted the public hearing is to educate the public about the program and accept public input about its storm water activities. The main purpose of the SWPPP program is to reduce discharge of pollutants into the storm water system. Shibani Bisson reviewed some of the management actions that the City takes to control storm water, such as regional ponds and implementing curb and gutter to contain runoff. The SWPPP addresses six minimum control measures which are reported annually. Shibani Bisson noted the city has been working on these since 2008: Public Education and Outreach, Public Participation and Involvement, Illicit Discharge Detection and Elimination (IDDE), Construction Site Stormwater Runoff Control, Post - Construction Storm Water Management, and Pollution Prevention and Good Housekeeping. Shibani Bisson summarized some of the MS4 program activities conducted during 2013 such as public information, documentation of illicit discharges, and inspection of storm sewer pollution control devices. Glen Posusta asked why contractors put up silt fences around the work site area that is not along a street. Shibani Bisson explained that defines the edge of the property being developed and that helps control sediment in case of rain. Shibani Bisson noted that for City Council Minutes —June 23, 2014 Page 5 2014 there are new permit activities related to storm water management that will be required by the MPCA and will need to be documented in the next annual report. These new activities involve educational activities, development of procedures and manuals, revision of existing ordinances, and identification of training, inspections, and record keeping needs. Brian Stumpf noted some corrections to the annual report and asked if the State comes out to do inspections. Shibani Bisson explained that they do random audits of several cities each month so it is possible that the City could be audited. Brian Stumpf asked how long the city has been doing the SWPPP annual report and Shibani Bisson stated that this has been in place since 2008. Shibani Bisson suggested that the city consider a storm water fee be created to help fund the expenditures of keeping up with these new regulations. Clint Herbst indicated that he would prefer a budgeted tax levy increase rather than another line item fee for residents to pay on their bill. Clint Herbst asked about storm water holding in older areas that drain stormwater directly into the river. Shibani explained that is not a requirement at this time but probably will be eventually. Mayor Herbst opened the public hearing. As there were no comments, the public hearing was closed. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 APPROVING THE 2013 SWPPP ANNUAL REPORT AND AUTHORIZING SUBMITTAL TO THE MN POLLUTION CONTROL AGENCY BY JUNE 30, 2014. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. B. Consideration of adopting Resolution #2014 -064 ap rp oving a lease aueement with Verizon Wireless for a Wireless Telecommunications Monopole, CitX Project No. ZTOWER Shibani Bisson reviewed the Lease Agreement and Memorandum to Lease Agreement that Verizon has agreed to and signed. The key terms include: • Verizon to make rental payments to the City in the amount of $24,000 per year for 10 years. • Annual rental will be increased by 3% each year. • Rental shall be reduced by $1,800 per year ($150 per month) in the event that Sprint, T- Mobile, or AT &T lease space on the tower from the City. • The agreement automatically extends for four additional five -year terms unless Verizon or the City terminates the agreement in writing. • City agrees to diligently complete construction of the tower by September 30, 2014. • City to provide access to the site at all times for installation and maintenance of equipment. City Council Minutes —June 23, 2014 Page 6 Clint Herbst asked about the reduction in price should another telecommunications company co- locate with Verizon. Shibani Bisson explained that would reduce the amount Verizon would pay and would apply to up to two other co- locates. Shibani Bisson briefly talked about the process for determining the structure of the tower and the decision to not locate microwave dishes on the monopole. Tom Perrault asked questions about the lease agreement: In Section 10 (Insurance), he wondered how much the general liability insurance would cost the City. Wayne Oberg said that would be a minimal cost of about $2400 per year for the city's property and liability. Tom asked if there would a tax liability to the City; Wayne indicated that tax on the tower would be the responsibility of Verizon. GLEN POSUSTA MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2014 -064 APPROVING A LEASE AGREEMENT WITH VERIZON WIRELESS FOR CO- LOCATION ON A WIRELESS TELECOMMUNICATIONS MONOPOLE, CITY PROJECT NO. ZTOWER. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. C. Consideration of adopting Resolution #2014 -065 accepting bids and awarding contract(s) for a Wireless Telecommunications Monopole, City Project No. ZTOWER Shibani Bisson summarized the process of advertising for bids and subsequent receipt of five bids in a range from $118,933.00 to $268,837.00. The lowest responsible bidder at $118,933 is Structural Tower Services out of Becker MN. Shibani was referred to this company by Hennepin County; the bid from Structural Tower is much lower because they are located close by. Shibani Bisson briefly explained the process for construction and erection of the tower with a construction deadline of September 30t`. Glen Posusta asked how the tower will be erected to the height of 170 feet. Shibani Bisson explained that it is done in sections using a crane. LLOYD HILGART MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2014 -065 ACCEPTING BIDS AND AWARDING CONTRACT STRUCTURAL TOWER SERVICES OF BECKER, MN IN THE AMOUNT OF $118,933 FOR A WIRELESS TELECOMMUNICATIONS MONOPOLE, CITY PROJECT NO. ZTOWER. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. D. Consideration of Analysis related to Interim Ordinance #590, an interim ordinance allowing Places of Public Assembly on a temporary basis as a principal or accessory use in a B -3 (Highway Business ) District City Council Minutes —June 23, 2014 Page 7 Angela Schumann gave a presentation outlining the history of Interim Ordinance No. 590 that was granted for a religious organization (Faith Family Life Center) to temporarily occupy a building in a B -3 District, which does not permit "Places of Public Assembly." With approval of an interim ordinance, city staff was essentially utilizing MN Statute 462.355, Subd. 4, known as the "Moratorium" statute. Under this statute, a city can establish interim zoning to allow time to study an issue and decide whether new rules should be adopted. City staff and Northwest Associated Consultants conducted a study of the use for "Places of Public Assembly," and presented their findings to the Planning Commission on June 3rd, 2014. The Planning Commission decision was to not amend the zoning ordinance and allow the Interim Use Permit, which was granted earlier, to expire in August as scheduled. Clint Herbst allowed Mark Lillo from Family Faith Life Center to speak, however the Mayor indicated that the interim use at 3939 Chelsea Road West was approved on a temporary basis only and was not intended for long -term use. Mark Lillo requested Council to consider allowing Family Faith Life Center to expand to a multiple use in addition to church services; such uses to possibly include counseling and other family services, youth services including a gym and trampoline park, and possible other miscellaneous services such as offices, a conference center, and oil changes. Although it would become a tax exempt facility, Lillo stated that his organization does contribute back to the community and is willing to make recompense for the loss of tax dollars. Glen Posusta commented that he does not agree with rezoning of this property and does not feel this is the right location for the types of uses as proposed. Mark Lillo stated that he knows of two other churches that tried to locate in Monticello but could not find a location and ended up across the river in Sherburne County. Glen Posusta said there are quite a number of churches already located in Monticello and there are appropriate areas zoned for them. Tom Perrault asked if an interim use permit could have various term lengths or be open- ended. He expressed concern over the building being left empty. Angela Schumann explained that interim use permits (IUPs) are intended to have a termination date and are not renewable. A new application process would be required. Angela added that the Council has the option of calling for a public hearing for ordinance amendment or to deny calling for hearing.. The applicant can also request a public hearing to consider a change to the zoning ordinance. Mark Lillo thinks this could be a win -win for both his church and the city, such that the building is in use rather than sitting empty. Clint Herbst stated again that he is not in favor of this location and encouraged Lillo to look at another site in Monticello to expand their services. City Council Minutes —June 23, 2014 Page 8 Lloyd Hilgart agreed that the church should be located somewhere else and would like to see an auto type of business in this location. Clint Herbst asked for other comments from Council. Tom Perrault asked what the purpose of a public hearing would be; Lloyd Hilgart explained that would be to consider an ordinance amendment to allow "Places of Public Assembly" in a B -3 zone as a permitted use. LLOYD HILGART MOVED FOR ALTERNATIVE # 2 DENYING A CALL FOR A PUBLIC HEARING AND PERMITTING THE CURRENT INTERIM ORDINANCE TO EXPIRE AT THE END OF AUGUST 2014, AND DIRECT STAFF TO PREPARE A RESOLUTION OF FINDINGS FOR DENIAL TO BE BROUGHT BACK TO COUNCIL FOR ADOPTION. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. Tom Perrault asked if it would be possible to extend the IUP for Faith Family Life Center. Angela Schumann explained that the IUP cannot be extended; it expires on the termination date along with the Interim Ordinance No. 590. If the applicant wishes, they have the option of requesting a public hearing to consider an ordinance amendment that would allow this use in a B -3 zone. 8. Added items • Swan River grass mowing — Clint Herbst noted that the length of the grass at Swan River's lot is still really long in places. Angela Schumann indicated that a notice was sent requesting that the lot be mowed. Staff is checking on the status of the mowing. Clint Herbst commented that he is not impressed with the look and was concerned about the plan to use native plantings on this lot. • 7 Fairway Drive nuisance — Brian Stumpf brought up this item because he had a phone call from a neighboring property of 7 Fairway Drive. The court hearing on the nuisance was held today but Angela Schumann has not received an update at this time. Brian Stumpf said he had explained to the caller that the City is working on it. 9. Adjournment BRIAN STUMPF MOVED TO ADJOURN THE MEETING AT 8:22 P.M. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Catherine M. Shuman (,&L J Approved: July 14, 2014 Attest: Q City Administrator City Council Minutes —June 23, 2014 Page 9