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City Council Minutes 08-11-2014MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, August 11, 2014 — 7 p.m. Mississippi Room, Monticello Community Center Present: Clint Herbst, Lloyd Hilgart, Torn 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 — July 28, 2014 Regular Meeting TOM PERRAULT MOVED TO ACCEPT THE JULY 28, 2014 REGULAR 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 A. Citizen Comments: None. B. Public Service Announcements: 1) Primary Election (8/12) — Rachel Leonard reminded the public to come and vote at the Primary election on Tuesday, August 12th in the gyro at the community center between 7 a.m. and 8 p.m. Voters can register to vote the same day. Rachel Leonard also noted that it is the last day for candidate filing for city council with filing open from 8 a.m. to 5 p.m. Clint Herbst suggested putting a sign downtown to remind people to vote at the community center. 2) Movie in the Park "Frozen" (8/23) — Rachel Leonard announced the upcoming Movie in the Park on August 23rd where the movie "Frozen" will be shown in Pioneer Park at dusk. Bring a blanket or lawn chairs. Concessions will be available for purchase or bring your own. 3) Blazin thru Bertram 5K Walk/Run (9/13) — Rachel Leonard announced the 2nd Annual Blazin' Thru Bertram /Philip LaVallee Memorial Walk/Run at Bertram Chain of Lakes Regional Park on Saturday, September 13' starting at 9 a.m. There is a 4 mile run or a 2.5 mile walk with pre- registration set at $15. Participants should use the YMCA Camp Manitou entrance to the park. Sponsors include All Elements, Apollo Insurance, City Council Minutes —August 11, 2014 Page 1 Foster White Agency, Securitas, Cargill Kitchen Solutions, Health Source Chiropractic, and Bernick's Bottling. 5. Consent Agenda: A. Consideration of approving payment of bills for August 11 th. Recommendation: Approve payment of bill and purchase card registers for a total amount of $623,648.19. B. Consideration of approving new hires and departures for City departments. Recommendation: Ratify new hires and terminations for MCC, Liquor Store, DMV, and Parks. C. Consideration of approving a Special Event Permit with use of city property and resources for a 5K Run/Walk on September 27, 2014 to benefit the Monticello Cancer Center. Applicant: Tara Thurber /Party for a Purpose Committee. Recommendation: Approve a Special Event Permit and use of city resources for Party for a Purpose, in conjunction with the Monticello VFW, for a 5K Run /Walk on September 27, 2014 to benefit the Monticello Cancer Center. The fee is waived for this event permit. D. Consideration of adopting Resolution #2014 -079 accepting improvements and approving final payment to Allied Blacktop for the 2014 Sealcoating & Fogsealing Improvements, City Project No. ZZSEAL. Recommendation: Adopt Resolution #2014 -079 accepting improvements and approving final payment of $5,687.60 to Allied Blacktop for the 2014 Sealcoating & Fogsealing Improvements, City Project No. ZZSEAL, contingent on providing official documents as listed in the resolution. E. Consideration of adopting Resolution #2014 -080 approving plans and specifications and authorizing advertisement for bids for installation of the aeration blower and ancillary equipment for Phase 1 of the Wastewater Treatment Facility Biosolids Improvements, City Project No. 12C003. Recommendation: Adopt Resolution #2014 -080 approving plans and specifications and authorizing advertisement for bids for installation of the aeration blower and ancillary equipment for Phase 1 of the Wastewater Treatment Facility Biosolids Improvements, City Project No. 12C003. F. Consideration of adopting Ordinance #601 amending Title 10 Monticello Zoning Code, Section 2.4(C) — Variances and Section 2.4(D) — Conditional Use Permits. Applicant: City of Monticello. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM F. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. City Council Minutes — August 11, 2014 Page 2 6. Consideration of items removed from the consent agenda for discussion SF. Consideration of adopting Ordinance #601 amending Title 10 Monticello Zoning Code, Section 2.4(C) — Variances and Section 2.4(D) — Conditional Use Permits. Applicant. City of Monticello Tom Perrault removed this because he wanted to snake a slight change in the proposed Ordinance 601. In Section 1, he suggested keeping the words "the applicant" for clarification. The sentence would then read: "Decisions of the Board of Adjustment and Appeals are final unless the applicant [or] an affected party, including any member of the City Council, files a written appeal outlining the basis for the appeal within ten (10) business days of the decision." Angela Schumann noted that this does not change the intent of the ordinance amendment. LLOYD HILGART MOVED TO ADOPT ORDINANCE NO. 601 AMENDING TITLE 10 OF THE MONTICELLO ZONING CODE, SECTION 2.4(C) — VARIANCES AND SECTION 2.4(D) — CONDITIONAL USE PERMITS, WITH THE CHANGE AS RECOMMENDED ABOVE; BASED ON FINDINGS IN PLANNING COMMISSION RESOLUTION #2014 -078. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 7. Regular Agenda: A. Public Hearing — Consideration of adopting Resolution #2014 -081 approving issuance of a revenue note for the benefit of the Monticello Youth Hockey Program, Inc. Wayne Oberg explained that this request comes from the Youth Hockey Program to refinance some of its debt that was originally funded through the City of Monticello as a conduit bond. Wayne Oberg emphasized that there is no risk on the part of the City nor is there any cost involved. Brian Stumpf noted that the city has done this in the past for other non - profit organizations such as the hospital. Glen Posusta asked why this is needed to be done and why the Youth Hockey Program doesn't just go to the bank. Jeff O'Neill and Wayne Oberg explained this is required by law in order to utilize the bank - qualified bonding process. Wayne Oberg indicated that the conduit bonding process does affect the city's bonding limit, but that would not be a concern with the amount of this bond. Mayor Herbst opened the public hearing. As there were no comments, he closed the public hearing. Lloyd Hilgart asked if this type of bonding is limited to non - profits. Wayne Oberg explained the limits of conduit bonding and noted that it usually involves non - profit groups. City Council Minutes — August 11, 2014 Page 3 GLEN POSUSTA MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2014 -081 AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF A REVENUE REFUNDING NOTE FOR THE BENEFIT OF MONTICELLO YOUTH HOCKEY PROGRAM, INC.; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE NOTE AND RELATED DOCUMENTS; AND GRANTING APPROVAL FOR CERTAIN OTHER ACTIONS WITH RESPECT THERETO. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. B. Consideration of adopting Resolution #2014 -083 approving Preliminary and Final Plats, Development Agreement, and Encroachment Agreement for Vine Street Place Addition. Applicant: Patrick Benoit Angela Schumann presented this item related to approvals for Vine Street Place Addition and reviewed the various portions of the request. She displayed the preliminary plat and noted that surrounding properties are single family home owners. She explained that the Planning Commission met on July 1, 2014, and approved a variance request for a zero lot line for the back -to -back duplex units with no street frontage. This variance will accommodate the shared cross access needed, and the request for approvals includes a cross easement agreement for drive aisle to serve both units. Angela Schumann indicated that the Planning Commission found the lot area is consistent with the zoning ordinance requirements when they reviewed this item. There was one request presented during the public hearing at the Planning Commission meeting. Brent and Lanette Aitchison (612 W 4t" Street), neighboring property owners, requested that a large mature tree be protected in order to preserve it during the construction process. The Planning Commission recommended that the grading plan include tree protection measures. Glen Posusta questioned why the plans were laid out with the front of the units facing the south toward the railroad tracks. He felt that it would have been better to align the backyard of the units toward the railroad right of way in case the duplex owners would want to build a deck or patio. Angela Schumann suggested that would be a question for the applicant to answer. The applicant has provided adequate setbacks for this property. Angela Schumann noted that the Planning Commission recommended approval of the requests based on findings in their resolution and conditions as noted in the agenda report. Clint Herbst asked the Aitchisons to speak on their request for consideration of the silver maple tree preservation. Brent introduced himself and his wife, Lanette, and talked about the large silver maple tree in their yard that they wish to keep protected during the building process. Angela Schumann commented that Torn City Council Minutes —August 11, 2014 Page 4 Pawelk has made some initial recommendations on protecting the tree, which appears to be on the Aitchison property, and noted the dripline extends into Benoit's lot. The Aitchisons stated they are planning on hiring an arborist to snake recommendations on preserving the tree. The Aitchisons also asked for information on the drainage patterns and possible effect on their property. Mr. Craig Nordhaus (606 W 4"' Street) expressed his concern over building a duplex on this lot. He stated there does not seem to be enough room to build a duplex on this lot, especially in terms of conservation, safety, and snow removal. He did not feel that variances should have been granted to allow a duplex to be built here and feels that this would be better suited for a single fainily home. Mr. Nordhaus also expressed his concern about possible drainage issues. He had looked at the railroad track elevation, which slopes down towards the lot, and it seems the water flow would be toward the north which could affect the Benoit lot as well as the neighboring properties once the duplex and drive areas are constructed. Angela Schumann commented that the conditions of approval include submission of a grading and drainage plan. The drainage plan must meet the criteria defined by the City Engineer. Shibani Bisson responded that there will be a swale and drain tile systems constructed to catch the stormwater, and the applicant must provide a maintenance plan for those. In addition, the flow will be directed toward Vine Street and into the stormwater basins. Clint Herbst asked Angela Schumann to talk about the variance that was approved by Planning Commission. Angela Schumann stated that this property is zoned R- 2 which allows single family or duplex structures. In order to develop a duplex on the lot and accommodate zoning requirements, Mr. Benoit requested a variance for a zero lot line, which was granted by the Planning Commission. Angela displayed the lot design with a variance for a zero lot line between the two duplex units. Brian Stumpf asked Angela Schumann to comment on the Vine Street cul -de -sac which used to be a private drive. Angela Schumann reviewed the history of the street and cul -de -sac which resulted in land trading hands between the railroad and property owners. When the cul -de -sac was constructed and city services brought down the street, the lot to be developed had assessments assigned to it through a deferred assessment agreement. This deferred assessment expired last year and assessments are now certified to the property taxes starting with the 2014 taxes payable. Clint Herbst noted that the property owner can build a duplex on this property per the current zoning. Angela Schumann explained that the variance was needed to allow access from the public street to both units. Glen Posusta asked who will be responsible for snow removal, and Angela Schumann explained that would be addressed in the cross - access agreement that will be required as a condition of City Council Minutes — August 11, 2014 Page 5 approval. Angela Schumann also reviewed the layout of the lot in terms of front, side, and back yard areas. The street frontage determines the front yard area and that would be the side facing the west. With the proposed building layout, the north side would be a side yard, which requires a 10 -ft setback and that is met at 12'. Lloyd Hilgart noted that the variance is not part of the request for approval by Council. The Planning Commission is the body that reviews variances and they have already approved the variance. Angela Schumann noted that she was advised of several clerical corrections in the developer contract, and she will see that those are incorporated. Lloyd Hilgart asked about the requirements for open space for the square footage of the building compared to the square footage of the lot. Angela Schumann noted that there are no requirements in the current zoning code regarding impervious surface percentages. According to the old zoning code, this development would exceed the former requirements of 500 feet of green space. Clint Herbst mentioned that snow removal would be toward the railroad tracks and also noted that the city does not allow overnight parking on city streets during winter months or during snow events. Torn Perrault asked about requirements for landscaping, noting there are existing plantings between the property drive aisle and the railroad tracks. Angela explained that those plantings are outside of the property. Lanette Aitchison reiterated they are planning to hire an arborist to confirm what is needed to protect the maple tree and asked about the process for reporting findings to the city. Clint Herbst suggested that they provide that information to the developer and to the city's building department. Angela Schumann added a clarification for Council noting that the zoning code does include a usable open space provision in the zoning code. The requirement is set at 500 square feet or 30 %, whichever is greener. The calculations on the proposed development is at 50% pervious which meets the code requirement. LLOYD HILGART MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2014 -083 APPROVING THE FOLLOWING: PRELIMINARY AND FINAL PLAT OF VINE STREET PLACE ADDITION FOR THE CREATION OF TWO LOTS WITH A ZERO LOT LINE, DEVELOPMENT CONTRACT FOR VINE STREET PLACE ADDITION, SITE AND BUILDING PLANS FOR THE CONSTRUCTIONN OF A BACK -TO -BACK DUPLEX ON THE SITE IN THE R -2 SINGLE AND TWO FAMILY RESIDENCE DISTRICT, AND ENCROACHMENT AGREEMENT; SAID APPROVALS BASED ON FINDINGS IN THE RESOLUTION AND SUBJECT TO CONDITIONS IN THE RESOLUTION AND IN EXHIBIT Z AS SHOWN. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. City Council Minutes — August 11, 2014 Page 6 • A cross access easement agreement must be established and filed with the county to provide access from Lot 2 across Lot 1 to the Vine Street cul -de -sac. The cross access easement should be written to include reference to utility provision crossing the private lot lines. • The applicant shall specify how long -term maintenance and capital improvements will be provided for between the two parcels. • The shared wall facing on the zero lot line must be a structural wall meeting building code and property line requirements. • Additional landscaping, such as a shrub border, shall be installed along the north property line to provide additional visual buffering for the side yard of the duplex and the rear yards of the adjoining residential parcels. • Exterior finish materials on the west side of the duplex on Lot I must have at least 20 percent of the fagade consisting of brick, stone, or cultured masonry simulating these materials. • Execution of an encroachment agreement for improvements in the public easements. • Execution of a development agreement governing requirements and improvements in the plat. • Recommendations of the City Engineer relating to grading, drainage, utilities, and stormwater management. • The applicants must add a signature line on the Final Plat for the neighbor to the west or Vine Street, due to title interest in the platting of the Vine Street right of way. • The applicant must provide details of tree protection on the landscaping plan, consistent with the notes included on the grading plan. C. Consideration of approving an interim plan for providing public transit service for Monticello residents Jeff O'Neill talked about a proposal from Hoglund Transportation to provide interim bus service to Monticello residents until a longer term plan is determined. This would give city staff time to look into other options to be considered for 2015 transit service. The interim plan would utilize Hoglund vehicles such as taxis to provide rides at a reduced cost per ride from 7 AM to 5 PM Monday through Friday. Normally these rides would cost $6. Under this proposal, Hoglund's would offer rides at $4 per one -way ride and would take care of the dispatching and transit services. Under this plan, the city would subsidize the system at $40,000 annually, which would reduce the per ride cost to $2 each. The cost estimated for the remaining months in 2014 would be about $3,000 to $4,000. GLEN POSUSTA MOVED FOR ALTERNATIVE #2. BRIAN STUMPF SECONDED THE MOTION. Brian Stumpf and Glen Posusta withdrew their motion and second after discussing the advantages of working with multiple vendors for a longer term option. City Council Minutes — August 11, 2014 Page 7 Tom Perrault questioned where the money would come from for subsidizing rides at $2 per ride. Jeff O'Neill indicated that the total amount is estimated at $3000 to $6000 for the remainder of the year. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO ADOPT AN INTERIM PLAN TO USE HOGLUND TRANSPORTATION FOR TRANSIT SERVICES FOR THE REMAINING MONTHS OF 2014 AT A COST OF $4 PER RIDE WITH THE CITY SUBSIDIZING AN ADDITIONAL $2 PER RIDE; CITY STAFF IS DIRECTED TO WORK WITH HOGLUND TRANSPORTATION, TRI -CAP, AND TRAILBLAZER TRANSIT IN DEVELOPING TRANSIT OPTIONS FOR 2015. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. D. Update and discussion of accommodating parking arking for Otter Creek Park visitors that drive to this park Jeff O'Neill noted this update is in response to a request made by Glen Posusta several weeks ago. Otter Creek Park is a small signature park lying between Otter Creek and CSAH 75. Neighboring residents have reported an issue with parking in their private drive to access the park. It has been suggested that the shoulder of the road on CSAH 75 could be widened slightly and marked for parallel parking. Glen Posusta suggested a process for widening the road and accommodating users of the park to avoid having people parking on private property. Clint Herbst recommended that the city submit a request to Wright County for consideration of widening the road. He also suggested notifying the concerned citizens that they can sign the private parking areas. 8. Added items No items were added. 9. Adjournment GLEN POSUSTA MOVED TO ADJOURN THE MEETING AT 8:13 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Catherine M. Shuman C" Approved: September 8, 2014 Attest: 6" Cit A istrator City Council Minutes — August 11, 2014 Page 8