City Council Minutes 08-08-2005Council Minutes — 8/8/05
MINUTES
REGULAR MEETING — MONTICELLO CITY COUNCIL
Monday August 8, 2005 — 7 p.m.
Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf.
Members Absent: None
1. Call to Order:
Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge
of Allegiance was said.
2A. Approve minutes of July 25, 2005 regular Council meeting.
Tom Perrault clarified the minutes on page 9, under item # 12, stating that instead of "fewer
trees were lost" it should read " that only one more significant tree was lost." He also noted an
error in the spelling of Xcel Energy. On page 13 under item # 15, the minutes stated that the
motion was unanimous but listed two people voting in opposition. Glen Posusta noted a
correction on page 13 relating to his statement on mobile home residents. It should read, "He
realized how difficult it was to get people to take care of their property."
GLEN POSUSTA MOVED TO APPROVE THE MINUTES OF THE JULY 25, 2005
REGULAR COUNCIL MEETING WITH THE CORRECTIONS NOTED. TOM
PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
2B. Approve minutes of July 25, 2005 special Council meeting.
BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE JULY 25, 2005
SPECIAL COUNCIL MEETING. TOM PERRAULT SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
3. Consideration of adding items to the agenda.
Brian Stumpf suggested if everyone was in agreement that item #7, restrooms for Ellison Park
be moved to the consent agenda. Wayne Mayer stated he would prefer that it not be added to
the consent agenda. Brian Stumpf asked that a discussion of an ordinance restricting door-to-
door sales be added to the agenda. Wayne Mayer added an update on a meeting held with the
Wright County Sheriff's Department. Jeff O'Neill added an update on the City Engineer
position and Clint Herbst added an update on various matters at 4th Street, Groveland Park and
School Boulevard. Tom Perrault added discussion of Channel 12 operation.
4. Citizen comments, petitions, requests and complaints.
None.
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5. Consent Agenda.
A. Consideration of ratifying new hires and departures for MCC. Recommendation: Ratify
the hires and departures as identified.
B. Consideration of approval of liquor license application for 100 7t" Street West (formerly
Country Grill) — Guadalajara Mexican Restaurant, Inc. Recommendation: Approve the
on -sale liquor and Sunday liquor license for Guadalajara Mexican Restaurant, Inc. at 100
7t" Street West contingent upon payment of license fees and submittal of certificate of
insurance.
C. Consideration to adopt a resolution to approve final plat of Otter Creek Crossing l st
Addition (Re -plat of Lot 1, Block 2, Otter Creek Crossing). Recommendation: Adopt a
resolution approving the final plat of Otter Creek Crossing 1st Addition (Re -plat of Lot 1,
Block 2, Otter Creek Crossing).
D. Consideration of approving the appointment to the Library Board. Recommendation:
Approve the appointment of Chris Anderley to complete the term of Dawn Fitzgerald that
expires on December 31, 2007.
E. Consideration of approving final payment to Schluender Construction, Inc. for the Trinity
Lutheran Church Storm Sewer Improvement Project No. 2004-34C. Recommendation:
Authorize final payment in the amount of $975.04 to Schluender Construction, Inc. for the
Trinity Lutheran Church Storm Sewer Improvement Project N. 2004-34C subject to
receipt of final paperwork including: Compliance with the provisions of Minnesota
Statutes 290.92 requiring withholding state income tax; evidence in the form of an
Affidavit showing that all claims against the contractor by reason of the contract have
been fully paid or secured; consent of surety to final payment certification from the
contractor's surety and two-year maintenance bond.
F. Consideration of approving Change Order #I to Marvin Road Force main, City Project
No. 2003-1C. Recommendation: Approve Change Order No. 1 in the amount of
$4,787.61 to R.L. Larson Excavating, Inc. for the Marvin Road Force main Project No.
2003-1C.
G. Consideration of a request for a conditional use permit allowing open and outdoor
automobile sales within a B-3 (Highway Business) Zoning District. Applicant: Gould
Brothers Chevrolet/Jay Morrell. Recommendation: Approve the conditional use permit
for auto sales/display for Gould Brothers based on a finding that the use is appropriate for
the B-3 District and the proposed site, subject to conditions of Exhibit Z as follows:
1. All lighting shall be hooded and so directed that the light source shall not be visible
from the public right-of-way or from neighboring residences and shall be in
compliance with Chapter 3, Section 2[H] of the Zoning Code.
2. The total number of vehicles that may be displayed outdoors at this location shall
not exceed 25.
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3. The outside sales and display area must not utilize parking spaces which are
required by the City Zoning Code for the other commercial uses on the property.
4. All signing shall be in compliance with Chapter 3, Section 9 of this ordinance.
H. Consideration of approval of assessment agreement and easement agreement for Cedrus
Creek Craftsman, Inc. for the CSAH 18/I-94 Interchange Project No. 2004-1 C.
Recommendation: Approve the agreement and easement document from Cedrus Creek
Craftsman, Inc. and authorize the Mayor and City Administrator to sign the agreement on
behalf of the City.
I. Consideration to approve the final plat and development agreement for Carlisle Village
4th Addition. Recommendation: Approve the plat of Carlisle Village 0h Addition
subject to the revision of the plat document and to approve the Carlisle Village 4`h
Addition development agreement.
J. Consideration to authorize the City Administrator to extend an offer of employment to
fill the new Building and Code Enforcement Inspector position. Recommendation:
Authorize the City Administrator to negotiate pay and benefits for the new Building and
Code Enforcement Inspector position and to extend an offer of full-time employment to
fill the new inspector position.
Tom Perrault asked that item #5I, final plat approval for Carlisle Village 4th Addition be
removed from the consent agenda.
BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEM 95I. TOM PERRAULT SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
6. Consideration of items removed from the consent agenda for discussion.
51 Final Plat and Development Agreement — Carlisle Village 4"' Addition: Tom Perrault
stated he pulled this item because according to the agenda item, the 49 lots within the plat are
identified as R-1 A lots but they do not meet the size requirements for R-1 A lots. Jeff O'Neill
said this is a planned unit development with a mixture of lot types but he will check it out.
Clint Herbst brought up the condition of the trees in the development. He didn't think the tree
preservation program was of any value if the developer/builder is digging around the trees and
damaging the root system. He felt the City needs to look at what is happening to the trees in
this development. Jeff O'Neill said there is a provision that requires the planting of
replacement trees for those trees that are damaged during the course of development. The
bigger the diameter of the tree that is lost the greater number of replacement trees that are
required to be planted. He stated that there is an oak wilt infestation in the red oak stands
within this development.
John Simola stated that in reviewing the plat, there are a couple of easement corrections that
need to be made and this should be included in the motion on this item.
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TOM PERAULT MOVED TO APPROVE THE FINAL PLAT OF CARLISLE VILLAGE 4TH
ADDITION SUBJECT TO REVISIONS OF THE PLAT DOCUMENT INCLUDING
EASEMENT CORRECTIONS AND APPROVE THE DEVELOPMENT AGREEMENT FOR
CARLISLE VILLAGE 4TH ADDITION. GLEN POSUSTA SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
7. Consideration of reiectinc bids for restroom construction — Ellison Park.
John Simola provided background information on this item explaining that previously the
Council had authorized preparation of plans and specifications for the restrooms at Ellison
Park. These plans were not approved until July and upon approval the plans were sent to 8
different vendors. Only one vendor responded and the price they quoted was $15,000 higher
than earlier price quote the City received from the same company. Based on the bid received
the cost would be $100,000 not including the site work. The staff would like to go back and
look at other options for the restrooms.
WAYNE MAYER MOVED TO REJECT THE BID FOR THE MODULAR RESTROOMS
FOR ELLISON PARK AND GO BACK TO LOOK AT OTHER OPTIONS SUCH AS A
DIFFERENT STYLE OF MODULAR BUILDING OR ADDING ONTO THE EXISTING
RESTROOM FACILITY AND MODERNIZING IT OR BUILD A NEW BUILDING ON
THE SITE. THE PROPOSED CONSTRUCTION WOULD TAKE PLACE IN THE SPRING
OF 2006. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
8. Review of bids and consideration of award of contract for School Boulevard
Improvement Proiect No. 2005-2C.
Shibani Bisson reported that the City received ten bids on this project with a price range of
$2,498,311.82 to the low bid of Randy Kramer Excavating of $1,919,045.89. The engineer's
estimate was $2,051,370.00. The project was bid with two alternates. The base bid covered
the construction of School Boulevard through Jefferson Commons. Alternate #1 extended
School Boulevard through the Weinand/Ocello property and Alternate #2 would extend School
Boulevard through the Insignia development. The affected developers have been contacted
regarding the prices received for the work and have indicated that they are acceptable to
extending School Boulevard through their property. Based on that the City Engineer was
recommending that the City approve the base bid and Alternates #1 and #2 contingent upon
development and special assessment agreements being approved with Weinand/Ocello and
Insignia.
Shawn Weinand was present at the meeting and stated he was okay with the prices but he needs
to make sure he gets enough unit density to offset the cost of the road extension. Jeff O'Neill
stated the Weinand property is a transition area between the mobile home park, the commercial
area and the single family home portion of the Insignia development. Shawn Weinand
indicated that they were looking at a density of 5 1/2 units per acre.
Jeff O'Neill stated that Insignia was supportive of going forward with the project as bid but he
suggested adding to the motion on the award of bids a contingency that if a development
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agreement was not reached with Insignia, the project would only extend through the
Weinand/Ocello property.
GLEN POSUSTA MOVED TO AWARD THE BID FOR THE SCHOOL BOULEVARD
PROEJCT NO. 2005-2C TO RANDY KRAMER EXCAVATING IN THE AMOUNT OF
$1,919,045.89 WHICH INCLUDES THE BASE BID AND ALTERNATE #1 AND
ALTERNATE #2 CONTINGENT UPON DEVELOPMENT AND ASSESSMENT
AGREEMENTS BEING OBTAINED FROM WEINAND/OCELLO AND INSIGNIA. TOM
PERRAULT SECONDED THE MOTION.
Jeff O'Neill asked that the Council amend the motion to add that if the Insignia development
stalls, the scope of the project will be curtailed to extend through the Weinand/Ocello property.
GLEN POSUSTA AMENDED HIS MOTION TO ADD THAT SHOULD THE CITY FAIL
TO OBTAIN AGREEMENTS WITH THE INSIGNIA DEVELOPMENT, THE SCHOOL
BOULEVARD PROJECT WOULD EXTEND ONLY THROUGH THE
WEINAND/OCELLO PROPERTY. TOM PERRAULT SECONDED THE AMENDED
MOTION. MOTION CARRIED UNANIMOUSLY.
9. Consideration of setting dates for budget workshop meetings.
The Council discussed possible dates for scheduling the budget workshop. Since it was
unlikely that the preliminary budget documents would be completed before August 22"d, it was
decided to schedule the special meeting on Monday, August 29, 2005 at 6 p.m.
10. Consideration of increase in Firemen's Relief Pension.
City Administrator, Rick Wolfsteller provided background information on this item noting that
the state requires submission of any request for an increase to the pension fund by August 1 St so
it gives the City an opportunity to add any cost for the pension increase to the budget. The
relief association presented three options; one increasing the benefit to $3,050 for each of
service over 20 years; one for $3,075 and one for $3,100. Rick Wolfsteller stated that to date
the City has not had to pay any contribution into the pension plan. In addition to the
investments of the relief association, the pension plan is also funded in part with state aid.
The reports show that increases to the relief association pension could be made without any city
contribution to support it. Rick Wolfsteller stated that at the $3,100 level there would be only
a $2.00 cushion and at $3,050 there is a $3,400 cushion. If the relief association continues to
earn 5% on their investments and there is no cut in state aid, the City would not have to
contribute. However, there is always the risk that interest revenue from investments could be
less than anticipated or the state could always reduce or eliminate state aid payments. Rick
Wolfsteller cautioned that the state has been known to cut aid payments to the cities when there
is a budget shortfall at the state level. The only way the Fire Department can increase their
pension without Council approval is if their assets equal their liabilities.
On any of the three options it would take $135,000-$140,000 a year to fund the increase. If the
Council grants the increase to the pension fund, they cannot reduce it.
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Brian Stumpf stated since he is a vested member of the relief association he would abstain from
voting on this item. Wayne Mayer suggested that the City approve an increase that was equal
or close to what was approved the previous year.
WAYNE MAYER MOVED TO GRANT AN INCREASE TO THE INDIVIDUAL PENSION
FOR VOLUNTEER FIREFIGHTER RELIEF ASSOCIATION IN THE AMOUNT OF $3,050
PER YEAR FOR EACH YEAR OF SERVICE OVER 20 YEARS. GLEN POSUSTA
SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF ABSTAINING
AND TOM PERRAULT VOTING IN OPPOSITION.
Rick Wolfsteller indicated the relief association has been prudent in how they are investing
their funds but the market is never certain and neither is state funding. Wayne Mayer asked
about the calculations contained in the report. Rick Wolfsteller replied that the treasurer of the
relief association prepares the report but it is based on state formulas.
11. Consideration of proposal for cost participation for playground development with Swan
River Charter School.
At a previous meeting, representatives of the Swan River Charter School came before the
Council with a proposal for sharing costs to construct a playground on the charter school site.
The school representatives initially indicated that the estimated cost for this project would be
$120,000 and it was proposed that the cost would be shared equally between the charter school
and the City. The cost estimated has been revised to $80,000.
Jeff O'Neill stated that the Comprehensive Park Plan calls for a park in the area bounded by
CSAH 75 on the north, CSAR 39 on the west, I-94 on the south and Highway 25 on the east.
At this time no specific site has been identified by the City for establishment of a park. The
question is whether participating in the cost of a playground for the charter school would meet
the needs as set out in the plan. Jeff O'Neill said there is precedent for taking park dedication
funds for this type of project.
The Parks Commission reviewed this proposal at a special meeting held on August 4, 2005.
The concerns noted by the Parks Commission were 1) whether this was the best location for a
park/playground; 2) the amount of time the park would be available for public use; 3) if park
dedication funds are available for this area they would like to utilize them for an actual park not
just a playstructure; and 4) the amount of funding requested by the school. The Parks
Commission did not recommend participating in this project.
Isabelle Olson, representing Swan River Charter School stated that they had gotten quotes from
four vendors but the Parks Commission had not particularly addressed the playground design or
prices but whether the Parks Commission should participate in the project. Isabelle Olson
stated the playground was designed to complement the existing church building. She felt the
proposed location for the playground was the perfect site because of the presence of the MCC.
She stated that if the City placed another playground somewhere else it would be a duplication
of facilities which would cost the taxpayers more. She added that there are 122 dwelling
within walking distance of the proposed playground.
Council Minutes — 8/8/05
There was discussion of the fencing that was proposed for the playground. Isabelle Olson
stated the fencing, which is proposed to be 4' in height was also designed to fit aesthetically
with the church. The height of the fence would deter the younger children from leaving the
playground and running through the parking lot. There would be a locking gate which would
be open outside of school hours. The fence material would be white steel. The cost of the
fencing is not included in the $80,000 playground estimate but it is a cost the school would be
picking up.
Tom Perrault stated that some of the Park Commission members were concerned that the City
is putting more money into this playground than they are putting into other parks in the City.
Wayne Mayer asked if this would be a seasonal park where it would be locked up for the
winter. Isabelle Olson stated the playground would be open year round. Wayne Mayer also
asked who would ultimately be responsible for maintenance. Isabelle Olson said the school
would maintain it and provide for the maintenance cost and landscaping. They would ask that
Adam Hawkinson or other park staff who have had training in playground installation and
inspection periodically inspect the equipment.
Clint Herbst stated that the City has talked for a number of years about not duplicating
facilities. He added that this would not be the first time financial assistance was provided to a
school facility. He asked what other sites the Parks Commission had mentioned. Tom Perrault
stated that with redevelopment of the Ruff property there may be a suitable site in that area.
Outlot A of Country Manor is another possible site.
Brian Stumpf stated he is not in favor of using funds for this facility and felt city residents
would be getting slighted in their use of the facility. He indicated that the playground would
be a duplication of some of what is available at the community center. Isabelle Olson stated
that the facilities at the community center are not available to everyone since not everyone can
afford the fees.
Tom Perrault said one reason he was not in favor of the playground at this site is it would
detract from the City's ability to rent the church facility and that those using the facility for a
wedding or other purpose would not find the playground conducive to the setting. It would not
provide the right atmosphere. Isabelle Olson said it would be up to the City to decide whether
or not to close the playground if the church facility was rented. Tom Perrault felt it was
important that there_ was consistency in when the playground was open for use.
BRIAN STUMPF MOVED TO DENY A REQUEST FOR A COST SHARING
ARRANGEMENT TO FUND THE PROPOSED PLAY STRUCTURE AT THE SWAN
RIVER CHARTER SCHOOL. TOM PERRAULT SECONDED THE MOTION.
In further discussion, Clint Herbst stated the City needs a facility in this area. He noted the
concern that the City is subsidizing the school and added the charter is a public school not a
private facility. He felt, since the school is now located on the site it would be best to take
advantage of the situation. The playground would not take away any parking needed for the
school.
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Glen Posusta said the City has to keep in mind that the apartments constructed around this area
10-15 years ago have contributed money for park dedication and have received nothing. He
felt this could be construed as a proper use of these funds.
UPON VOTE BEING TAKEN, BRIAN STUMPF, TOM PERRAULT AND WAYNE
MAYER VOTED IN FAVOR OF THE MOTION AND CLINT HERBST AND GLEN
POSUSTA VOTED AGAINST. MOTION CARRED ON A 3 TO 2 VOTE.
Added Items:
City Engineer Position: Jeff O'Neill reported they had met with the candidates for the City Engineer
position and were moving forward with negotiating a salary for the preferred candidate. Jeff O'Neill
was asking the Council to go up to $73,500 for the starting wage so that the applicant would be making
the same as what he is currently making at his present position. This up from the $70,000 the
Council had approved earlier. The Personnel Committee felt this was a decision that the full Council
should make. Originally when stating his wages, the candidate neglected to include his overtime.
Brian Stumpf felt if the City was going to increase the salary range, this information should be given to
all the candidates that were interviewed. There was discussion on what kind of candidate the City
would get for the salary being offered. Wayne Mayer said part of the problem is the way the City is
trying to slot this individual in. Clint Herbst felt the City still needed to do a wage study. The City
needs to make sure the City doesn't get out of line with the comparable worth. Clint Herbst said if
they increased it to $73,500 that would be the salary rate for three years. Brian Stumpf had concern
about slotting someone in before the wage study is done. Clint Herbst felt the cost savings in
consulting fees could offset the increased salary range.
Glen Posusta said that in order to get good candidates for filling any of the major positions such as
department heads, the City would probably need to offer a higher wage than what is currently the
range.
CLINT HERBST MOVED TO APPROVE THE STARTING WAGE FOR THE CITY ENGINEER
POSITION AT $73,500 WITH BENEFITS AND THE STARTING SALARY TO BE LOCKED IN
FOR THREE YEARS CONTINGENT UPON SATISFACTORY CHECK OF REFERENCES.
GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF
VOTING IN OPPOSITION.
Jeff O'Neill stated that there is a three year period before an employee moves from step six to step
seven which is the top step. Wayne Mayer asked if the benefit package was the same one offered to
all full time employees. Jeff O'Neill indicated it was the standard package.
Channel 12 operations: It was noted that Channel 12 was not operating for a period of time and Tom
Perrault questioned when it would be back on. Rick Wolfsteller indicated he would check into this.
Door -to -Door Salesmen: Brian Stumpf stated that the Sheriff's Department deputies had received
numerous complaints about door-to-door salespeople. He asked if the ordinance could be amended to
restrict this activity. He noted the salespeople were calling at all times of the day and on weekends.
`•.J He asked that staff review the ordinance and suggest possible revisions to it at the next meeting. In
discussion of this ordinance, the City Attorney indicated that most communities have some kind of
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registration process that is used. There are legal questions relating to allowing certain groups (such as
(� charitable organizations) an opportunity, such as soliciting, that is not available to all individuals or
groups. Wayne Mayer felt imposing a time frame for door to door solicitation would be a reasonable
restriction the City could look at.
Carrie McDougall, a resident who was present, informed the Council that the Sheriff s Department had
told her to put a "No Soliciting" sign on her door. If the solicitors ignored the sign, the property owner
could then contact the Sheriff s Department on trespassing charges.
Wright County Sheriff Department meeting: Wayne Mayer stated that in a meeting with the Wright
County Sheriff s Department, it was emphasized that people who call in to register a complaint about
any violation should give their name and then request that they remain anonymous. This gives
validity to the complaint. The complainant then is known to the Sheriff s Department but not to
anyone else. He added that it is not Sheriff Department procedure to report back to the complainant
the results of investigation of a complaint.
Groveland Area: Clint Herbst wanted to set up a meeting with the Groveland residents about the
park. He asked that Adam Hawkinson check his schedule to see what times he could be available.
Fourth Street: Clint Herbst asked when the speed trailer was going to be located on Fourth Street.
The Sheriff s Department indicated that the trailer was committed for certain areas and when those
commitments were fulfilled the speed trailer would be out at Fourth Street. Sheila Stumpf indicated
that the trailer had been out on Fourth Street one day at least.
Crossings: Clint Herbst talked about crosswalk sites and how they should be marked. There is
information being gathered by Chuck Rickart and staff about ways of identifying pedestrian crossing.
This information will be presented to the Council. One suggestion was to narrow the road at the site of
the of the crossing but that make removing snow from the area a problem. There was general
discussion about other types of markings that could be looked at. Clint Herbst also brought up having
trees planted along School Boulevard as he felt the street needed some. The placement of trees can
create some problems for snow removal according to John Simola. On the south side of School
Boulevard there are cables, etc buried in the boulevard area so that side of the street would not be
suitable for tree planting. There are also power lines in the area that could impact where and what kind
of trees could be planted. The trees should be planted so as to provide a snow barrier for the street and
provide for beautification of the area. John Simola said the same type of situation exists at Edmonson
and Cedar Street. Chuck Rickart will have some information on using natural vegetation as a snow
barrier. Clint Herbst felt it was important for the public to know the City is working on these issues.
12. Approve payment of bills for Aucust.
Glen Posusta questioned the purchase at Steve's Nursery in Elk River. John Simola stated it
was for trees for the library parking lot and the tree species were not available locally. Glen
Posusta stated it was not only the price of the materials purchased that had to be considered but
the time it took to drive there and back to make the purchase. Wayne Mayer asked about an
item under Public Works Engineering which was an invoice from WSB for maps and work on
the library and Pioneer parking lots. He stated that the $7,500 invoice would be 10% of the
new engineer's salary.
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BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS. WAYNE MAYER
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
13. Adjourn.
Mayor Herbst adjourned the meeting at 8:50 p.m.
Recording Secretary
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