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City Council Minutes 07-13-2015MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, July 13, 2015 — 6:30 p.m. Mississippi Room, Monticello Community Center Present: Brian Stumpf, Charlotte Gabler, Lloyd Hilgart, Tom Perrault and Glen Posusta Absent: None 1. General Business A. Call to Order & Pledge of Allegiance The meeting was called to order by Mayor Stumpf at 6:30 p.m. with a quorum present. The pledge of allegiance was recited. Mayor Stumpf thanked everyone that was involved in the 2015 Riverfest community celebration. B. AwDroval of Meeting Minutes • Regular Meeting Minutes from June 22, 2015 TOM PERRAULT MOVED TO APPROVE THE JUNE 22, 2015 REGULAR MEETING MINUTES. CHARLOTTE GABLER SECONDED THE MOTION. MOTION CARRIED 5 -0. C. Consideration of Adding Items to the Agenda • Elm Street tree (Glen Posusta) • Swan River crossing (Tom Perrault) D. Citizen Comments • None E. Public Service Announcements/Updates • Riverfest wrap -up — Jeff O'Neill commented that city staff was involved in many aspects, and he heard from a number of citizens about how nice everything looked. Brian Stumpf added that the weather often has an influence on the weekend; the attendance at the parade was down which was probably due to the heat. He did receive an email complaint about the loud music from the Saturday night dance. • City Volunteer Recognition Picnic (7/16) — Rachel Leonard announced that volunteers who serve on city boards and commissions have been sent invitations to a picnic at the Bertram Chain of Lakes beach on July 16th. • Movie in the Park (7/25) — Ditty Baltos announced the upcoming movie in the park on July 25' which starts at dusk. "Big Hero 6" will be sponsored by Schlenner/Wenner and is free to the public. Other upcoming movies in the park are "Into the Woods' on August 8h and "Paddington" on August 21 s. F. Council Liaison Updates City Council Minutes —July 13, 2015 Page 1 1 9 • IEDC, TAC, & Bertram Chain of Lakes meetings cancelled — Brian Stumpf attended the emergency preparedness planning at the state Emergency Operations Center. • Personnel Committee (Brian Stumpf, Charlotte Gabler) — meeting this week. • Planning Commission (Charlotte Gabler) — all positions are filled. • EDA (Lloyd Hilgart, Tom Perrault) — Additional funding was granted for remediation at 100 W Broadway. • PAC (Tom Perrault) - meets this Wednesday at 7 pm. Tom attended emergency preparedness planning at Wright County. G. Department Updates • Special Meeting/Workshop Review (Mayor) — Audit was previewed and report will be coming up later in the meeting. Discussed space needs for the city hall; staff was directed to prepare a plan to bring back to Council. • City Administrator (O'Neill) — Summarized action taken by MN Public Utilities Commission regarding solar gardens, limiting them to 5 megawatt or approximately 5 acres per facility. Mentioned that John Rued started his position today as the City's new building official. 2. Consent Agenda CHARLOTTE GABLER MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS A, D, G, J, AND N AND TO TABLE ITEM M TO THE NEXT COUNCIL MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. A. Consideration of approving the payment of bills. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. B. Consideration of approving new hires /departures. Action Taken: Approve new hires and terminations for Water Department, MCC, Building Department, City Administration, and Liquor Store. C. Consideration of approving the sale or disposal of surplus city property. Action Taken: Approve the sale or disposal of surplus city property identified as follows, with estimated values as shown. $100.000+ -1998 Ag -Chem Terra -Gator Sludge Applicator $10.000 - $50.000 —1997 Polar Stainless Steel 6000 gallon tanker trailer, 1982 International 52500 tri -axle with 4000 gallon tank, 1982 International Sludge Applicator with 2000 gallon tanks and John Deere rear differential $1410,00 $10.000 —John Deere 230 Disc Plow, Miscellaneous vinyl fence, Miscellaneous street signs, Miscellaneous office panels City Council Minutes —July 13, 2015 page 2 19 D. Consideration of approving use of commuter Park & Ride lot for overflow parking for a fundraising event on August 1' at River City Extreme. Applicant: MAML Hockey. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. E. Consideration of approving a Special Event Permit allowing use of commuter Park & Ride lot and related assistance in conjunction with Taste of the Town event on September 10, 2015. Applicant: Monticello Rotary Club. Action Taken: Approve a Special Event Permit allowing temporary use of the Commuter Park and Ride lot for the Rotary's Taste of the Town event, beginning with set -up on Wednesday, September 9, 2015 through 10 p.m. on Thursday, September 10, 2015, including use of public parking f:cilitics and city services as described in the staff report, contingent on the following. • Continued site plan coordination with the Street Superintendent, including park and ride lot closure and signage. • Coordination of tent placement with Engineering /Street departments relative to powerlines. • Verification ofparking agreement with Muller Theatres. • Notification and event coordination with Wright County Sheriff's Office. • Provide a Certificate of Insurance for the event for liquor and general liability, with the City named as a second insured. (received) F. Consideration of approving an application for a one -day temporary on -sale liquor license for Monticello Rotary Club for the Taste of the Town event. Action Taken: Approve the application for a one -day temporary on -sale liquor license for Monticello Rotary Club for the Taste of the Town event on September 10, 2015 to be held at the Commuter Park and Ride lot. G. Consideration of approving a Special Event Permit allowing exclusive use of West Bridge Park and related assistance in conjunction with the Brewfest event Applicant: Monticello Lions Club. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. H. Consideration of authorizing WSB and Associates to prepare the Part 2 amendment to the Wellhead Protection Plan. Action Taken: Authorize WSB and Associates to prepare the Part 2 amendment to the Weilhead Protection Plan at a cost not to exceed $19,570. 1. Consideration of adopting Resolution #2015 -053 stating intent to reimburse from bond proceeds for 2016 Street Reconstruction Improvements and adjusting maximum reimbursement amounts for Phosphorous Reduction and Other Improvements to the Wastewater Treatment Facility & System and for miscellaneous improvement projects including School Boulevard /Fallon Avenue and TH25 /85th Street Improvements. Action Taken: Adopt Resolution #2015- 053 declaring the official intent of the City of Monticello to reimburse certain expenditures from the proceeds of bonds to be issued for the 2016 Street City Council Minutes —July 13, 2015 Page 3 19 Reconstruction Project, School Boulevard/Fallon Avenue and 851 Street Improvements (City Project No. 14C003), and Phosphorous Reduction, Digester Cover, and Other Wastewater Treatment Facility and System Improvements (City Project No. ZZPHOS and 14C002). J. Consideration of amending the Riverside Cemetery Rules and Regulations to remove Section 14.3.7 regarding banning of guns. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. K. Consideration of adopting Resolution #2015 -054 accepting quotes and awarding a contract for the 2015 Street Pavement Marking Project. Action Taken: Adopt Resolution #2015 -054 accepting quotes and awarding a contract for the 2015 Street Pavement Marking Project to Century Fence Company in the estimated amount of $15,928.20 depending on exact linear feet for Chelsea Road and East 7' Street. L. Consideration of adopting Ordinance No. 618 amending the Monticello Zoning Ordinance Chapter 3, Section 7(E)(8) regulating principal structure setbacks in non - riparian side, front and rear yards in the Mississippi Wild & Scenic Recreational River District. Applicant: City of Monticello. Action Taken: Adopt Ordinance No. 618 amending the Monticello Zoning Code Chapter 3, Section 7(E)(8) regulating principal structure setbacks (listed as follows) in non - riparian side, front, and rear yards in the Mississippi Wild & Scenic Recreational River District, based on findings that the amendments support the Comprehensive Plan, are consistent with Minnesota Rules for the Mississippi Wild and Scenic Recreational River District, and eliminate conflicts between the ordinance and existing development and reduce non - conformities in the overlay district. Table 3 -21: WILD & SCENIC PRINCIPAL STRUCTURE SETBACKS Front yard setbacks and setbackfrom rights-of-way or roadway easements: ® Arterial Road: change from M feet to M feet Collector Road: change from 70 feet to 30 feet Side yard setbacks: • Sewered: change from 30 feet to 10 feet Rear yard setbacks: A Unsewered: change from 30 feet to 50 feet • Sewered: change from 50 feet to 30 feet M. Consideration of approving the individual pension contribution amount for Volunteer Firefighter Relief Association members. THIS ITEM WAS TABLED UNTIL THE NEXT COUNCIL MEETING. N. Consideration of adopting data practices policies required by MN Statutes, Section 13.025, relative to the Data Practices Act. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. City Council Minutes —July 13, 2015 page 4 19 2A. Consideration of items removed from the consent ap-enda for discussion 2A. Consideration of approving the payment of bills Glen Posusta asked about a billing for the Moose Sherritt Ice Arena. Ditty Baltos explained that the arena and Community Center share the profits from the Men's Hockey league. This is payment to the arena for their 50% share of the profits. GLEN POSUSTA MOVED TO APPROVE THE BILL AND PURCHASE CARD REGISTERS FOR A TOTAL AMOUNT OF $239,010.34. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 2D. Consideration of approving use of commuter Park & hide lot for overflow parking for a fundraising event on August 11 at River City Extreme. Applicant. MAML Hockey Charlotte Gabler asked the time that the band will be playing and verified that the Sheriff's Department would be available if a problem occurred. Glen Posusta feels the time that the band is playing is too late and would like to see that reconsidered in the future. It was noted that the Special Event Permit was approved at the previous Council meeting and included a requirement that the applicants have to notify surrounding neighbors of the event. BRIAN STUMPF MOVED TO APPROVE THE USE OF THE CITY PARK AND RIDE FACILITY AS ASSOCIATED WITH THE PREVIOUSLY - APPROVED MOOSEFEST SPECIAL EVENT PERMIT FOR OUTDOOR ENTERTAINMENT AT RIVER CITY EXTREME FOR AUGUST 1, 2015, SUBJECT TO COORDINATION WITH THE STREETS SUPERINTENDENT AND APPROPRIATE LIABILITY INSURANCE FOR THE PARK AND RIDE USE. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 2G. Consideration of approving a Special Event Permit allowing exclusive use of West Bridge Park and related assistance in conjunction with the Brewfest event Applicant: Monticello Lions Club Charlotte Gabler asked about the time allotted for music on this permit and suggested that the permit form could include a check off for music. Brewfest Chair Chad Vokaty (20704 Atlantic Boulevard of Big Lake) indicated that the music for Brewfest will run from 3 to 7 p.m., which is within the time frame allowed by city ordinance. Angela Schumann explained that, although there is no specific check -off on the permit form for music, the applicant submits a narrative which includes hours of operations and addresses entertainment, music, and other activities. She commented that it would make sense to review city noise ordinances and include some specific language for special event permits. Charlotte Gabler asked to have city staff look into this. City Council Minutes —July 13, 2015 Page 5 19 CHARLOTTE GABLER MOVED TO APPROVE A SPECIAL EVENT PERMIT ALLOWING TEMPORARY USE OF WEST BRIDGE PARK FOR THE MONTICELLO LIONS BREWFEST EVENT FROM 7 A.M. TO 10 P.M. ON AUGUST 15, 2015, INCLUDING CITY ASSISTANCE, USE OF MUNICIPAL PARKING LOTS, AND STREET CLOSURES AS DESCRIBED IN THE STAFF REPORT, CONTINGENT ON THE FOLLOWING. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. • Continued site plan and parking use coordination with the Street and Park Superintendents. • Appropriate signage and fencing in coordination with the Street and Park Superintendents. • Verification of trash and portable bathroom services for the event. • Verification of notification of affected local businesses and residents within a 2 -block radius of the Park by permit holder, no later than two weeks prior to event. • Notification and event coordination with Wright County Sheriffs Office. • Provide a Certificate of Insurance for the event, including liquor and general liability, with the City named as a second insured. 2d. Consideration of amending the Riverside Cemetery Rules and Regulations to remove Section 14.3.7 regarding banning of guns Tom Perrault clarified that he agrees with removing Section 14.3.7 but does not agree with some other items in the Rules and Regulations. He noted that the time for cemetery hours had been changed at a previous meeting and should be reflected correctly in the Rules and Regulations. TOM PERRAULT MOVED TO APPROVE AN AMENDMENT TO THE RIVERSIDE CEMETERY RULES AND REGULATIONS TO REMOVE SECTION 14.3.7 AND RENUMBER ACCORDINGLY. CHARLOTTE GABLER SECONDED THE MOTION. MOTION CARRIED 5 -0. 210 Consideration of adopting data practices policies required by MN Statutes, Section 13.025, relative to the Data Practices Act Glen Posusta objected to approving the proposed data practices policies until the Policy to Ensure Security of Not Public Data is also completed. He stated he would prefer to table this item until all three policies are prepared and presented. Jeff O'Neill explained that Council could approve the two policies that are completed and staff would work on the remaining one and bring that back for approval. It will be helpful to have the two policies in place because there are allowances for charging for data to be prepared for requests that have been received. CHARLOTTE GABLER MOVED FOR ALTERNATIVE #2 TO ADOPT (A) DATA PRACTICES POLICY FOR MEMBERS OF THE PUBLIC AND (B) DATA PRACTICES POLICY FOR SUBJECTS OF DATA AS PROPOSED, AND TO TABLE City Council Minutes —July 13, 2015 Page 6 19 APPROVAL OF THE POLICY TO ENSURE SECURITY OF NOT PUBLIC DATA TO THE JULY 27TH, 2015 COUNCIL MEETING. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH GLEN POSUSTA VOTING IN OPPOSITION. 3. Public Hearinss - None 4. Regular Asenda A. Consideration of accepting the 2014 Financial Audit report Wayne Oberg explained that part of the annual acceptance of the audit report is to provide a report to Council. He introduced Jim Eichten of MMKR who will present a summary report to Council. Jim Eichten provided a slide presentation in which he discussed the Auditor's role to give an opinion on financial statements and to test internal controls and compliance with laws. Jim Eichten discussed the Management Report and reviewed their audit opinions and findings. There were no findings in regard to internal controls. However, they did have two findings in regard to legal compliance.' one was with timesheet declarations for payroll, which were missing on some timesheets done prior to the time that the 2014 audit was performed; the other finding was with timely payment of invoices, which was explained during the audit review at the special meeting. Jim Eichten provided some comparisons of taxable market value from the past ten years. He also compared tax rates between the City and other cities across the state, with the City having a lower tax rate than average. In comparing tax revenues, the City receives a higher amount of property taxes in comparison to other cities statewide of similar population. Likewise, the City has a higher expense ratio, especially in the category of debt service. Next, Jim Eichten provided a chart showing the city's financial position over the last ten years. The fund balances meet the policies set by Council in management of fund balances. Jim Eichten reviewed the status of city enterprise funds, which include water, sewage, liquor, fiber optics, and deputy registrar. He emphasized the improvement in the fiber optics fund which now shows a positive fund balance. The overall position of the city greatly improved from 2013 to 2014. Jim Eichten summarized by stating that the audit results were very positive. Jeff O'Neill commended Wayne Oberg and his department for their excellent work on the audit and the support of all city staff in their budgets and assistance with the audit when requested. GLEN POSUSTA MOVED FOR ALTERNATIVE #1 TO ACCEPT THE 2014 ANNUAL FINANCIAL AUDIT REPORT. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. City Council Minutes —July 13, 2015 page 7 19 B. Consideration of ap rp oving Cily grant match for a Phase IX acquisition at the Bertram Chain of Lakes Regional Park/YMCA Camp Manitou Angela Schumann presented information about the proposed request before Council to approve matching funds for a Phase IX acquisition at Bertram Chain of Lakes. This proposed land purchase includes 50 land acres and completes acquisition of Parcel 4. The city and county received a $1 million grant from the FY 2015 Parks and Trails Legacy grant program, which requires a 20% grant match. This funding is proposed to come from the closed bond component of the Capital Projects Fund. Angela Schumann noted that Wright County has already approved their share of the matching funds. Angela Schumann reviewed the purchases to date for Bertram Chain of Lakes Park and the progress of acquiring the various parcels. Six parcel acquisitions have been completed and Phase VII (portion of Parcel 4) and Phase VIII (majority of Parcel 1) are in process. Angela Schumann went through a list of improvements that have been completed at the Bertram Chain of Lakes Park. Brian Stumpf commented on the grand opening that recently took place to celebrate the completion of the beach and natural playground. Wayne Oberg commented that the acquisition funds would be transferred in the year that the property sale and closing actually takes place. GLEN POSUSTA MOVED FOR ALTERNATIVE #1 TO APPROVE FY2015 PARKS AND TRAILS LEGACY GRANT MATCH FUNDING IN THE AMOUNT OF $208,000 FROM THE CAPITAL PROJECTS FUND FOR A PHASE IX ACQUISITION AT BERTRAM CHAIN OF LAKES REGIONAL PARK, INCLUDING APPRAISAL AND CLOSING COSTS, IN CONJUNCTION WITH A MATCH FROM WRIGHT COUNTY, AND TO DIRECT STAFF TO PREPARE APPROPRIATE CLOSING AND PURCHASE DOCUMENTS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH TOM PERRAULT VOTING IN OPPOSITION. C. Consideration of approving a contract with WSB & Associates for the Bertram Chain of Lakes Athletic Park Planning Project to include a master site plan, phasing plan, feasibility report, schematic grading plan, and construction design, plans and coordination for interim improvements Angela Schumann reviewed the previous approval by Council to authorize staff to prepare a contract with WSB for the Bertram Chain of Lakes Athletic Park Planning Project and bring back to Council for consideration. Staff is now presenting a proposed contract from WSB and Associates to provide planning and project services for the Bertram Chain of Lakes Athletic Park. City Council Minutes —July 13, 2015 Page 8 19 Angela Schumann reviewed the various tasks and deliverables to be included within the contract: • Task 1 — Needs analysis and plan confirmation (3 alternative concept plans to be developed) • Task 2 — Master Site Plan, Detailed Phasing Plans, Feasibility Plan & Report • Task 3 — Schematic Grading Plan • Task 4 — Construction Design, Plans & Coordination for Interim Improvements (modified from original RFQ/RFP) The cost of the contract is proposed at $87,358 which will be funded from the Capital Projects Fund. Some miscellaneous expenses will come from the Planning and Zoning department budget. LLOYD HILGART MOVED FOR ALTERNATIVE #1 TO APPROVE A CONTRACT WITH WSB AND ASSOCIATES, PER THEIR PROPOSAL DATED JUNE 24, 2015, IN AN AMOUNT NOT TO EXCEED $87,358 FOR THE BERTRAM CHAIN OF LAKES ATHLETIC PARK PLANNING PROJECT. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH TOM PERRAULT VOTING IN OPPOSITION. 5. Added Items Elm Trees - Glen Posusta commented that there is an elm tree by the Legion that appears to be dying. He is not sure if it is in the city's right -of -way. Council directed the Parks Department to check on it. Swan River school crossinu — Tom Perrault brought this up because he wanted to know the status of the crossing. Angela Schumann reported that Swan River has held some meetings with city staff to discuss this. It is still a priority for them to move the crossing to mid street, but they are focusing on completing their new building construction first. They will be contacting the City when they are ready to move forward on discussions for the street crossing. 6. Adjournment Mayor Stumpf adjourned the meeting at 7:49 p.m. Recorder: Catherine M. Shuman Approved: July 27, 2015 Attest: dministrator City Council Minutes —July 13, 2015 Page 9 19