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City Council Minutes 11-13-2007 C"uncilMinutes:ll/13/07 MINUTES REGULAR MEETING ~ MONTICELLO CITY COUNCIL Tuesday November 13, 2007 -7 p.m. MembcrsPresent: Clint Herbsl, Wa)ille Mayer, Tom Perrault and Brian Stumpf. Members Absent: SusieWojehouski 1. Call to Order and Pledl!:e of Alleeiance Mayor Herbst ealled lhe meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2. Approve minutes of October 22. 2007 Ree:ular Council meedne:. Tom Perrault noted that thc motion adopting the assessment for the 2007 Core Street Project was adopted unanimously. Wayne Mayer askoo for clarification of the motion on agenda item #12 relating to thc membership on the new EDA Commission. He questioned whether the non-residents had to own a business and property in the City or whether it Will; operate a business and own property in the City. Brian Srumpfand Tom Perrault stated their understanding was that it was to operate a business and 0\Vll property in the Ci ty. TOM PERRAULT MOVED TO APPROVE THE MrNUTES OF THE OCTOBER 22, 2007 REGULAR COUNCIL iMEETlNG WITH THE CORRECTIO.'l NOTED. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH CLINT HERBST ABSTAINl.'lG. 3. Consideration of addiDl! items to the aeenda. No items were added. BRIAN STUMPF MOVED TO REMOVE ITEMS #10, LAND EXCHANGE AGREEMENT REGARDING CEDAR STREET RIGHT OF WAY A!\'D #13 KJELLBERG LITIGATION FROM THE AGENDA. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED lJNANIMOUSLY. 4. Citizen comments. petitions. rwonts and concerns. None. 5. Consent Al!enda: A. Consideration ofratitying hires and departures \,feC and Streets. Recommendation: Ratify the hires and departures as identifioo. B. Consideration of approving transfer of liquor license for River City Lanes. Recommendation: Approve the transfer of the on-sale liquor license for River City Lane from 101 Chelsea Road to 3875 School Boulevard. CouncilMinutes:lli13!07 C. Consider<ltion of approval of a preliminary plat for the proposed River City Station, a commercial plat in a 8-3 (Highway Business) district and a request for rewning from B-3 (Highway Business) to B-4 (Regional Business). Recommendation; 1) Approve the rezoning from B-3 to B-4 for the proposed plat of River City Station, based on a finding that thc rcquested zoning designation is in compliance with the Comprehensive Plafland willnothaveanadverseaffectonsurroundingproperties;2)Approvethepreliminary plat of River City Station, subject to a finding that the proposed use is consist ent with the intent of the 8-4, Regional Business District and the Comprehensive Plan, subject to the conditions outlined as follows: a) The applicant shall comply with all recommendations of the City Engineer as outlined in the September 25, 2007 memo from Bruce Westby; and b) The 60-foot wide area sOllth of the cul-de-sae shall be dedicated to the City as right-of-way prior to final plat approvaL D. Consideration of approving a request for a conditional use pennit to allow open and outdoor storage in thc B-3 District. Applicant: Olson Property Management. Recommendation: Approve the request fur a conditional use permit for open and outdoor storage for the property at 19 Sandberg Road based on a finding that the proposed use is consistent with the conditions of approval and the performance requirements for the B-3 District subject to the following conditions: 1) The applicant shall stripe the parking lotto delineate a minimum of21 stalls; 2) All materials stored outside on the site, other than licenseci vehic1es and lrailers shall be slored within the fenced storage area a tall times; and 3) The conditional use pennit is sllbjectto annual inspection of the site to ensure compliance with the conditional use permit. E. Consideration of adopting resolution reimbursing City from bond proceeds for land purchase, W\VTP mixers and vehicle storage building. Recommendation: Adopt Resolution No. 2007-90 declaring intent to reimburse expenditures to the pro ceedsofbond covering the projects outlined. F. Consideration of approving final payment and acceptance of work for Jefferson Commons 1.0 MG Water Tower, Project No. 20Q4-30e. Recommendation: Approve final payment to C B & I Constructors in the amountof$64,677.20 and accept the work on the Jefferson Commons 1.0 MG Water Tower, City Project No. 2004-30C contingent upon receipt of lien waivers and withholding certificates. G. Consideration ofappro'\oing final payment and acceptance of work for repainting of 800,000 gallon water tank on Monte Club Hill, Project No. 2007-05C. Recommendation: Approve final payment to Odland Protective Coatings in the amount of$221,001 for painting of the 800,000 gallon water tank on Monte Club Hill, City Project No. 2007-05C and accept the work contingent upon receipt of lien waivers and ""ithholding certificates. H. Consideration of approving final payment and acceptance of work on Fourth Street Park Parking wt, City Project No. 2007-14C. Recommendation: Approve Fmal payment to Hardrives, Inc. in the amountofS13,588.72 and accept the work on the4'h Street Park Parking Lot, City Project No. 2007-14C contingent llpon receipt oflicn waivers and certificates of withholding as required by Minnesota Statutes. I. Consideration of approving foreman position in the Street Department, approve job description and authorize advertising internally. Recommendation: Approve the job description for foreman position, authorize the positiou to be raled for pay and authorize 2 CQul1oilMinutes:lli13/07 advertisement from v,.ithin thc City of Monticello's existing employees. J. Consideration of approving a contract with Michels for installation 0 ffiberopticcableand condlJit. Recommendation: Authori2e a contract with Michels CommLlllications for the installation of the fiber optic cable conduit including connection to the co- locate equipment at City Hall in the amount 0[$33,175.91 with the option to add additional hand holes or valJlts at $1,500 apiece. K. Consideration of final payment and acceptance of work for Groveland Park Parking Lot, City Project No. 2006-27C Recommendation: Approve final payment to Rum River Contracting in the amount 01'$2,983.38 and accept the work on the Groveland Park Parking Lot Improvements, City Project No. 2006-27C L. Consideration of approving Change Order No.4 for the Extension of Meadow Oak Avenue from the current tennini to CSAH 18, City Project No. 2005-05C and the Reconstruction of a segment ofCSAH 18 and CSAH 39 for the CSAH 18/1-94 Interchange Project, Cily Project No. 2004-1C. Recommendation: Approve Change Order No.4 in the amount 01'$10,093.17 for R.L. Larson Excavating me. for Meadow Oak Avenue Extension,CityProjectNo.2004_IC. M. Consideration of approving final payment and accepting improvements for the Extension of Meadow Oak Avenue from the current termini to CSAH 18, City Project No. 2005-05C and the Reconstruction of a segment ofCSAH 18 and CSAH 39 tbr the CSAH 18/1-94 Interchange Project, City Project No. 2004-IC Recommendation: Accept thc improvements and approve the final payment to R.L Larson Excavating, Inc. in the amountof$I27,129.58 forCily Project No, 2004-IC contingent upon receipt of the final paperwork. N. Consideration of approving Change Order No.3 for the Chclsea Road Extension (900, Street to CSAH 39) and Dalton Avenue (Chelsea Road to 1,330 Feet South), City Project No. 2005-IIC. Recommendation: Approve Change Order No. 3 to R.L. Larson Excavating, Inc, in the amount 01'$19,876.70 for the Chelsea Road Improvement, City Project?\lo.2005-11C. 0. Consideration of approving final payment and accepting improvements for the Chelsea Road Extension (90'h Street to CSAH 39) and Dalton Avenue (Chelsea Road to 1,330 Feet South), City Project No. 2005-11e. Recommendation: Accept the improvements and approve the final payment 01'$158,522.79 to R. L. Larson Excavating, Inc. for Chelsea Road Improvement Project No. 2005-lIC contingent upon receipt of the final paperwork. p, Consideration of approval of increase in the amount in the change fund for MCC operation of public skate time. Recommendation: Approve the $25 increase in the change fund forMCC for the operation of the public skate time at the ice are na. WAYNE MAYER MOVED TO APPROVE THE CONSENT AGE!\'DA CO};SISTINO OF ITEMS #5A, #58, #5C, #50, #5E, #5F, #50, #5[, #50 AND #5P. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3 Council Minu!es: 1],'13/07 6. Con,tderation of items removed from the consent 31!:enda for discunion. #5H Fourth Street Park Parking Lot: Tom Perrault asked why the project was over the estimated amount. Park Superintendent, Tom Pawelk indicated that when the milling was done the contractorfoundthattherewereareaswheretherewasonlyl"ofblaektop. TOM PERRAULT MOVED TO APPROVE THE FINAL PAYMENT TO HARDRIVES, INC. TN THE AMOUNT OF 513.588.72 PENDING THE RECEIPT OF LIEN W ANERS AND CERTIFICATES Of WITHHOLDING AS REQUIRED BY MINNESOTA STATUTES. WAYNE l\1A YER SECONDED THE MOTION. MOTION CARRIED UNANIMOL"SL Y. #5J Approval of contract with Michelsfor installation offiber optic cable and conduit: Wayne Mayer noted the contract with Michels is to install the fiber optic cable and conduits. Tom Pen:aultpointed out that on the Michels contradthere were some dates that hav e already past. JeffO'NeiII said he would check on those. WAYNE MAYER MOVED TO AUTHORIZE A CONTRACT WITH MICHELS CO:M:MUNICATIONS FOR THE INSTALLATION OF THE FIBER OPTIC CABLE AND CONDUIT INCLUDI:'<G CONNECTION TO THE CO-LOCATE EQUIPMENT AT CITY HALL IN THE AMOU:'<T OF $33,175.91 WITH THE OPTION TO ADD ADDITIONAL HAND HOLES OR VAULTS AT $1,500 A PIECE. TOM PERRAULT SECONDED THE MOnOr-;. MOnO:'< CARRIED UNA:'<TMOUSL Y. 5K: Groveland Park Parking Lot Improvement Project No. 2006-27C Tom Perrault asked why this project went over budget. Tom Pawelk stated that there was sidewalk added to the project and some other miscellaneous items which contributed to the cost. CLINT HERBST MOVED TO APPOVE THE FINAL PAYMENT TO RUM RNER CONTRACTING FOR PROJECT NO. 2006-27C IN THE AMOUNT OF 52,983.38 FOR PARKING LOT IMPROVEMENTS, SlDEW ALK IMPROVEMDlTS, STORM SEWER A.'\lD RELATED CURB RESTORATION. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5L: Change Order #4 on Meadow Oak Avenue Extension, City Projects 1'10. 2005-05C and No. 2004-01c' Brian Stumpf questioned the 57,500 for additional traffic control and signage. He asked if this was work that could have been done in-house. Clint Herbst asked if this change order was a result ofsomcthing the City had overlooked. Brian Stumpf said if it was not 100% the City's fault then these items should be negotiated with the contractor. Bruce Westby said these items were added to the contract at the direction of staff. Brian Stumpf said he didn't recall the City authorizing $7,500 in traffic controls. Bruce Westby said the coordination of multiple projects is difficult and it is not easy to anticip aterequiredsignageneeds. Clint Herbst felt there should be a cost breakdO'wn of items. It was asked who authorized this work since it had not come back 10 the Council. Was it authorized by the City Engineer or thc consulting engineer? Clint Herbst said it was not so much a question of whether or not the work should be done but the cost of the work. The consensus of the Council was that the cost for the actual work done was excessive and it was something that should have been negotiated down. Clint Herbst felt the City needs to get a better handle on the change orders. BRIAN STUMPF MOVED TO DIRECT CITY STAFF AND WSB TO CONTACT R.L. 4 CouncilMinutes;11/n"'07 LARSON TO NEGOTIATE SOMETHING LESS FOR THE WORK DO""lE UNDER THIS CHANGE ORDER. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED. #5M Final Paj.mentfor Jleadow Oak Avenue Extension, City Projects No. 2005-05C and No. 1004-01C. Since Change Order #4 was not approved at this time and the work covered by this change order was included in the fmal payment, it was felt this item should also be tabled. BRIAN STUMPF MOVED TO TABLE ACTION ON APPROVING THE FINAL PAYMENT AND ACCEPTJNG THE IMPROVEMENTS FOR CITY PROJECT NO. 2005-05C AND NO. 2004.01C. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Public Hearme and consideration of adoptine assessment for delinquent miscellaneous accounts receivable Cl\1ARS). The City is proposing to assess accounts receivable invoices which have been delinquent for more than 60 days and certify them to the COlmty for collection with the 2008 taxes. Clint Herbst asked iithe MARS accounts Included a processing fee similar to what is done with the utility billing. Cathy Shuman from the Finance Department stated there would be a S50 charge for processing addedtothebili, Mayor Herbst opened the public hearing. No one spoke for or against the proposed assessment. Mayor Herbst then closed the public hearing. BRIAN STLlI1PF MOVED TO ADOPT THE ASSESS:\1ENT ROLL FOR DELINQUENT ACCOUNTS RECEIVABLE CHARGES AS PRESENTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED L'NA""IIMOUSLY. 8. Review ofheadiil!ht screen in!! options for River City Center. Bruce Westby reviewed the various options to provide for the screening of headlight glare from the new bowling alley parking lot area into the abutting lots of the Groveland development. 1n re,iewingthevariousoptious,stafffeltthatcoustructionofaprivacyfencewouldprovidethe most effective screening. llwas noted that the fencing would be in place for 10-15 years at which time the buffertrecs would beofsufficient size to provide screening. Staffobtaincd a quote from Authority Fence and Deck for 704 feet of6.fo at tall white vinyl privacy fcncing at a costof$27,950. Statfdidlook at other fencing types but it was telt vinyl privacy fencing offered the best value with the least maintenance requirements. The Council discussed who would pay for the cost of installing the fencing. During discussions with staff, River City Lanes proposed that the City pick up 1/3 of the cost; River City Lanes would pick up 1/3 of the cost and the affected residents in the Groveland development would pick up the remaining 113. River City Lanes indicated that they would prefer any contribution they make towards the privacy fence would not be required until they have been in operation at their new site tor awhile and can see how the cash flows are. They indicated that the City had not brought up anything about the scrccningto them earlier and if this screening was rcquircd the City should have made River City Lanes aware of it then. They did state they would not contribute in excess of $9,300 for the screening as they felt the screening provided more benefit to th e residents than it did to them. River City Lanes also requested that the fence not be constructed on their property 5 Council Minutes: 11/13/07 for liability and maintenance reasons. It was pointed out that when the properties to the east developed, the City would be looking at the same type of problem and for that reason staff would like to consider an amendment to the buffer yard provisions of the zoning ordinance to address screening for headlight glare. Clint Herbst felt the City should be picking up the cost of the fcncing since the Cilydid not require the developer of the residential de velopment to provide screening and they did not require sufficient screening on the commercial site. ClintHcrhstasked why the City didn't extend the fence further onto the Fogarty property. Bruce Westby said it was because there was a good stand of trees in that area that provided adequate screening. Sean Fogarty, 3608 Redford Lane, who was present at the meeting, indicated the trees were densc enough for screening purposes and added that he was acceptable with what was being proposed for screening of the headlight glare. Brian Stumpf asked about the 1/3 to be picked up by the residents. He asked how many lot8 are affected by the headlights coming from the commercial use and if the lot8 would split the cost equally. Thcre was lengthy discussion on which lots were af'tected by thc headlight glare and would need the privacy fence. There was also discussion on whether the residential property owners should pickup any of the cost. ClintHerbstaskedifitwouldmakesensotohavethefeneepoleslocatcdon the property line so if a property owner wanted to remove the fence they could do so. Bruce Westby said it could be done but it may add to the cost. Clint Herbst felt staffshol1/dbeproceeding with getting the fencingprojectstarted.Statfalsoneedstolookatothcrpropertiesinthisarea as faras buffer/screening between uses. Wayne Mayer felt staff should look at lot 26 to make sure that the lot is adequately screened from the headlight glare. The Council again discussed cost. Brian Stumpf felt there should be some type of contribution by the homeowners. Clint Herbst felt there should be a defined time frame that the fence needs to remain in place after it has been installed. It was felt that five years would allow sut1icient timc for the trees to grow and provide screening. Brian Stumpf suggested polling the affected property owners to see if the fencing is something they are interested in. He felt $400/pcr lot would be a reasonable amount tbr the residents to contribute towards thc fence. WAYNE MAYER MOVED TO DIRECT STAFF TO POLL THE TEN AFFECTED LOTS mCLUDlNG THE FOGARTY PROPERTY, F1:"lD OUT MANY WOULD BE FOR THE FENCING AND COME BACK TO THE COUNCIL WITH THE RESULTS. Bruce Westby asked iftherc were be cost associated with this for the property owner. Council further discusscd whether to include a cost and if so how much. W A ThE MAYER RESCI'lDED HIS MOTIO:!'J. BRIAN STUMPF MOVED TO HAVE THE STAFF POLL THE 10-11 PROPERTY OW:!'JERS TO DETERMINE WHETHER THE OWNERS WANTED THE FENCING \VHICH COULD COST THEM UP TO $400/PROPERTY. Brian Shnnpfproposcd an amendment to his motion that would allow for the cost to be assessed against the property owne!"ll. Legal counsel indicated that the 429 Statute does not allow the assessment for this type of improvement. WAYNE MAYER SECONDED THE MOTION. MOTlO:-l CARRIED WITH CLI.....T HERBST 6 CouDcil/"finures;11/13/07 VOTING IN OPPOSITION BECAUSE HE DIDN'T FEEL THE RESIDEJ\IS SHOULD BE PAYING ANY COST FOR THEFENCING. 9. Consideration o(policy (or desh:!natine restricted parkinS! on streets. Tom Moores provided background information on the item. Clint Herbst stated he had a problem with why this item was being brought back before the Council. He felt the Council had detennined where the "No Parking" signs were to be located on Hillcrest Road. He questioned why the staff didn't do as the Council directed them to do. Brian Stumpf said he was under the impression the signs were going to be placed on the river side of the street. He felt that ordinarily there would be no parking at all on the street because the street width was not the standard 32 feet. The Council felt rather than discussing a policy staff should have followed through on the Council directiol15. Tom Moores made a presentation on parking restrictions and how they had been applied on other streets. With the Core Street Reconstruction Program the City is restricting parking on streets that do not meet standard specifications for street width. Hillcrest Road is 26' in width which i8 less than design 8tandards, Staff was recommending that "No Parking" sigl15 be placed on the west side of streets running nortlv'south and on street nmning cast/west there would be uo parking on the south side. Brian Stumpf said on a loop road the no parking should ali be on one side. Tom Moores indicated by fonowing the policy he had described, the "No Parking" would be on just one side ofthc street. Tom Moores said their intent was to be consistent in how thc signs were placed. Brian Stumpf said it was the Council's direction that there was not to be any parking on the right side of Hillcrest Road. A resident on Hillcrest Road stated the one side of Hillcrest Road has the mailboxes and hydrants located there so the parking is already restrieted and he felt that side (the ri versidc) should have the "No Parking" signs. Clint Herbst felt the placement of "No Parking" signs should be looked at on an indhidual basis. BRIAN STUMPF MOVED TO REITERATE THE ORIGINAL DIRECTION Of THE COUNCIL WHICH WAS THAT THE "NO PARKING" SIGNS WOULD BE ON THE OUTER RING OF THE ROAD. W AYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of amendment to land exehanl!:e all:rl'ement re1!ardinl!: Cedar Street riS!ht-of- wav. REMOVED FROM THE AGENDA. 11. Review and aPllroval of annual snowlllowinw'rcmovalllolicv and discussion ofDathwavs desienated for snow removal. Tom Moores reviewed the snowplowingiremoval policy pointing out changes in the policy from last year. Changes included 1) Addiug Fenning Avenue from School Blvd to 85th Street to the primary snow emergency route and adding Gillard Avenue from CSAH 39 to 95'h Street to the secondary snow emergency route; 2) A ehsngein the puhlic parking lots to corr ectaprevious typographical error; 3) on city maintained sidewalks the area of East Broadway from Washington to Dayton Street was removed because Dayton Street was vacated, Wayne Mayer asked if there 7 Council Minutes: lU13i07 was any agreement with the people on the north side of Broadway that the City was going to maintain the sidewalk. Tom Moores stated this section of sidewalk was added to thc grid system in 2003. He went on to explain that the grid system was originally set up to ccver sidewalks in the old part oftcwn but it was not the intention that the City would be plowing all the sidewalks on the grid system. When Washington Street was added to the grid system the Council directed that winter maintenance be done on it. There was discussion on who should maintain this section of sidewalk. At that time the hospital was made aware that if the City had to maintain the sidewalk, the rock that was placed as part of the landscaping design would have to be removed. The issue is not the plowing but the removal of the rock. Clint Herbst suggested contacting the hospital to have them either remove the rock or have them sign an agreement stating the hospital will maintain the sidewalk. Tom Moores will talk to the hospital about this section of sidewalk. Tom Moores and Bruce Westby had met with the different schools about the sidewalks becausCl of the changes in the school's bussing policy. Clint Herbst suggested oontactingthe school5 about monitoring pedestJian traffic in the area. Tom Moores pomted OLlt that there are certain sidewalks that they will be trying to have cleaned before 7 a.m. because they are being used by children to get tll school. Tom Penault asked why Chelsea Road was not listed on the primary snow emergency route. Tom Moores replied that School Boulevard was designated tho primary route beeause it connects with major roads such as TH 25 and CSAH 18. BRIAN STUMPF MOVED TO ADOPT THE SNOW PLOWLNG/REMOV AL POLICY AS PRESENTED. TO\fPERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Consideration of Iwm2 into closed session to discuss penrline: Kiellbere:litili!ation. REMOVED FROM AGENDA. 14. Consideration of Qpprovinl! payment of bills for November. 2007. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Consideration of authorb:in2 offer on Hoe:lunrl propert". (Possible Closed Session) At 8:50 p.m. the Council went into closed session to di8cuss the possible purchase of the Gladys Hoglund property. 15. Adiourn. At approximatcly 9 p.m. the Council came out of the closed session and adjourned the meeting. \In....h\.h. .~~, Recording Secretary ~.',--<--y ",- , 8