City Council Minutes 06-26-2006MINUTES
REGULAR MEETING — MONTICELLO CITY COUNCIL
Monday June 26, 2006 — 7 p.m.
Members Present: Clint Herbst,Wayne Mayer, Tom Perrault, Glen Posusta and Brian
Stumpf
Members 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 said.
2. Approve minutes of June 12, 2006 regular Council meeting.
Tom Perrault noted that Sara Cahill's name was on the list of employees even though her
appointment had been approved at an earlier meeting.
TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE JUNE 125 2006
REGULAR COUNCIL MEETING. WAYNE MAYER SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
3. Consideration of adding items to the agenda.
The following items were added to the agenda: 1) Parking restriction on Dundas Road and
Cedar Street which was added to the consent agenda as item #5E; 2) discussion of handling
approvals for development process with the township; 3) Meadow Oaks Road east of County
Road 18; 4) discussion of a second liquor store site and 4) Update on ham radio event held at
Pioneer Park. Jeff O' Neill asked for a member of the Council to serve on a committee dealing
with temporary signs. Wayne Mayer indicated he would serve on this committee.
4. Citizen comments, petitions, requests and complaints.
Philip Frederick, 5400 Falcon Avenue; Linda Barthel, 5401 Falcon Avenue and Tim
Winterhalter, 5421 Falcon Avenue addressed the Council regarding the pathway connecting
School Boulevard to Falcon Avenue. They indicated that the area was marked and it appeared
that work on the pathway was going to take place. They stated they had not been informed by
the City that any plan for the pathway had been approved or that work was going to be done.
The residents felt the pathway in this location would be a safety hazard for children because of
the steepness of the hill and the presence of stormwater ponds in the area.
Jeff O'Neill stated the City has some preliminary plans in place for the pathway but has not yet
held the meeting with the neighborhood residents. One of the options the City is considering
would be for a 6' concrete pathway.
John Simola, Public Works Director stated that the work that was currently being done was that
Charter Communications was relocating their pedestal from the pathway area. Normally it
would require two months lead time to schedule this work but the company had time in the
schedule to do it sooner. If the pathway is constructed at some point, utilities in the pathway
area would have to be relocated.
Bruce Westby stated if the Council directs staff to move forward with the pathway, there is a
grant program called "Safe Routes to School" wherein a portion of the trail cost could be
funded by a grant. The grant application would have to be submitted by July 6, 2006 but the
grants would not be awarded until September.
Jeff O'Neill stated the reason for looking at the 6' concrete sidewalk option was to make this
seem more of a pedestrian access rather than non -motorized vehicle access.
Clint Herbst stated that the no decision has been made on the pathway installation at this time.
The residents felt the area should remain in grass and not surfaced. Glen Posusta noted that a
grassed in area is more difficult as far as maintenance and may discourage use by pedestrians
since they may think they are on private property rather than a public trailway. The residents
felt the crosswalks should be placed at the corners on Eider Lane and Pelican Lane.
Amy Peterson, 2434 Meadow Oak Avenue addressed the Council about the soccer balls that
come into her yard and related problems from being adjacent to the soccer fields. She stated
she has talked to the soccer group and the Parks Department about the problem. Seth Nelson,
Park Superintendent informed the Council that with the conversion of field #4 at the Xcel
ballfields, in the future the City will have available for use some 25' poles. If the City could
order some barrier netting, then the poles and netting could be installed at the soccer fields
which should help alleviate the problem. Seth Nelson estimated the cost to be $475 for the
netting. John Simola stated if the Council wanted something done sooner they could authorize
the purchase of the poles rather than waiting for the poles from the ballfields. The Council
agreed with this proposal.
5. Consent Agenda:
A. Consideration of approving hires and departures for Water, Parks. Liquor Store and
MCC. Recommendation: Ratify the hires and departures for Water and Parks
Departments, Liquor Store and MCC.
B. Consideration of approving a request for preliminary plat and a Conditional Use Permit
for a Development Stage Planned Unit Development for Elm Street Villas, a 114 -unit
residential plat in a PZM (Performance Zone Mixed) District. Applicant: UP
Development. Recommendation: Approve the development stage PUD and
preliminary plat based on a finding that the proposed mixed residential design
establishes a high quality residential project that meets the City's intent for PUD
consideration subject to the following:
1. The applicant shall verify actual building designs for single family homes,
attached townhomes and detached townhomes.
2. An alternate design shall be submitted for the rear of all detached townhomes to
create a more attractive streetscape.
3. An alternate design shall be submitted for single family homes adhering to R -2A
standards.
4. The applicant shall submit a revised landscape plan for the single family homes
illustrating compliance with R -2A standards.
5. A six foot landscaped buffer shall be installed to separate all shared driveways.
6. An alternate parking plan shall be submitted reducing the size of both head -in
parking bays in Phase II and restoring a portion of the usable open space.
7. On -street parking shall be limited to one side of each road. Hours of on -street
parking shall be limited to prevent overnight parking and on -street parking shall
be prohibited during snowplowing season. Dates of said season and appropriate
hours shall be established by the City Council.
8. The applicant shall submit all documentation relating to environmental concerns
of the site.
9. The applicant shall comply with all recommendations of the City Engineer.
10. The developer shall submit homeowner's association documents.
11. All unit/home designs shall be submitted to the Planning Commission and City
Council for approval.
12. The sidewalks on either side of Elm Street shall be revised to follow the ROW.
13. The sidewalk on the west side of Elm Street should be extended to the northern
edge of the site and the sidewalk on the east side of Elm Street should be
extended south of Street B to the edge of the site.
14. A street lighting plan shall be submitted demonstrating that garage lighting will
not be used in lieu of street lights.
15. Other conditions as recommended by the City Council.
C. Consideration to approve the final plat and development agreement for Carlisle Village
5th Addition. Recommendation: Approve the final plat of Carlisle Village 5th
Addition subject to the revision of the plat documents as noted in staff report to the
Council dated June 26, 2006 and approve the development agreement for Carlisle
Village 5th Addition.
D. Consideration to install lights on the new CSAH 18 Interchange Bridge, City Project
No. 2004-01 C. Recommendation: Authorize a work order for payment to the
contractor for furnishing and installing the lights with the actual change order to be
completed at a later date.
E. Consideration of adopting resolution restricting parking on Cedar Street and Chelsea
Road. Recommendation: Adopt a resolution restricting parking on Cedar Street from
Dundas Road to Chelsea Road and on Dundas Road from Cedar Street to Edmonson
Avenue.
Items #5B, #5C and #5D were pulled from the consent agenda.
BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEMS #5B, #5C AND #5D AND THE ADDITION OF #5E, PARKING
RESTRICTIONS ON CEDAR STREET AND DUNDAS ROAD. TOM PERRAULT
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
6. Consideration of items removed from the consent agenda for discussion.
#5B - Preliminary plat and conditional use permit for Elm Street Villas: Wayne Mayer asked
what the actual number of parking spaces were since there were discrepancies in the staff report
on the parking spaces as to whether there were 27 spaces or 24 spaces. The report also
contained discrepancies in the number of units which Steve Grittman indicated was 1 I 1 and not
114. City Planner, Steve Grtittman pointed out the locations of visitor parking and indicated
that what was shown on the plan was the correct number as far as parking spaces. Wayne
Mayer stated he was pleased with the changes the developer had made to his proposal. Clint
Herbst expressed concern about control of the housing design. Since this is a PUD the City
should be getting something in exchange for the higher density allowed for this development.
It was indicated that builders will be coming in with their designs which will be reviewed by
staff to determine if they meet the standards of the PUD. Steve Grittman also indicated that
Public Works and Engineering indicated some inconsistencies on the description for the west
boundary line and where the line actually is as far as the Elm Street right-of-way.
GLEN POSUSTA MOVED TO APPROVE THE DEVELOPMENT STAGE PUD AND
PRELIMINARY PLAT FOR ELM STREET VILLAS BASED ON A FINDING THAT THE
PROPOSED MIXED -RESIDENTIAL DESIGN ESTABLISHES A HIGH QUALITY
RESIDENTIAL PROJECT THAT MEETS THE CITY'S INTENT FOR PUD
CONSIDERATION SUBJECT TO THE FOLLOWING:
1. The applicant shall verify actual building designs for single family homes, attached townhomes
and detached townhomes.
2. An alternate design shall be submitted for the rear of all detached townhomes to create a more
attractive streetscape.
3. An alternate design shall be submitted for single family homes adhering to R -2A standards.
4. The applicant shall submit a revised landscape plan for the single family homes illustrating
compliance with R -2A standards.
5. A six foot landscaped buffer shall be installed to separate all shared driveways.
6. An alternate parking plan shall be submitted reducing the size of both head -in parking bays in
Phase II and restoring a portion of the usable open space.
7. On -street parking shall be limited to one side of each road. Hours of on -street parking shall be
limited to prevent overnight parking and on -street parking shall be prohibited during
snowplowing season. Dates of said season and appropriate hours shall be established by the
City Council.
8. The applicant shall submit all documentation relating to environmental concerns of the site.
9. The applicant shall comply with all recommendations of the City Engineer.
10. The developer shall submit homeowner's association documents.
11. All unit/home designs shall be submitted to the Planning Commission and City Council for
approval.
12. The sidewalks on either side of Elm Street shall be revised to follow the ROW.
13. The sidewalk on the west side of Elm Street should be extended to the northern edge of the site
and the sidewalk on the east side of Elm Street should be extended south of Street B to the edge
of the site.
14. A street lighting plan shall be submitted demonstrating that garage lighting will not be used in
lieu of street lights.
15. Other conditions as recommended by the City Council.
WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH BRIAN
STUMPF ABSTAINING.
#5C Final Plat Carlisle Village 5th Addition: Tom Perrault questioned whether Shibani
Bisson or Bruce Westby had any comments relating to the final plat. Shibani Bisson indicated
they need to verify drainage and utility easements on the revised plat which was submitted to
them on Friday. Tom Perrault also asked where the existing Davidson and Hermes houses
were located on the plat.
Clint Herbst expressed his concern about the tree preservation noting that heavy equipment
used in the development has caused damage to the trees. Brian Stumpf asked if the
preservation plan included replacement of trees. Jeff O'Neill said there is a deposit to cover
tree replacement. He felt the trees could be replaced in those area where the work is completed.
Brian Stumpf asked if the tree preservation plan could be tied to this plat. Clint Herbst asked
Building Official Gary Anderson to have an update on the tree preservation in the Carlisle
Village development for the next meeting.
GLEN POSUSTA MOVED TO APPROVE THE FINAL PLAT OF CARLISLE VILLAGE
5TH ADDITION SUBJECT TO THE REVISION OF THE PLAT DOCUMENTS AND
EXECUTION OF THE DEVELOPMENT AGREEMENT AND CONTINGENT UPON
COMPLIANCE WITH THE TREE PRESERVATION PLAN. TOM PERRAULT
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
#SD Installation of lights on the CSAH 18 Interchange Bridge: Shibani Bisson reported that
they had received a quote from Design Electric for $18,000 to install four lights on the bridge.
The company has a six month backlog. John Simola said if the City chooses to light the bridge
it would be the City's cost as it would be unlikely that the County would participate in the cost.
Tom Perrault thought there might be some economies of scale if these lights could be included
with the lights for the roundabout. John Simola indicated the lights for the roundabout would
be a different type of light. Clint Herbst suggested holding off on this for a couple of weeks to
allow staff time to find out what the cost difference would be for bidding 12 lights instead of 4.
TOM PERRAULT MOVED TO TABLE ACTION ON ORDERING INSTALLATION OF
LIGHTS ON THE CSAH 18 INTERCHANGE BRIDGE. BRIAN STUMPF SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
7. Review of 2005 Audit Report — Larson Allen
Rick Borden, Doug Host and Stephanie Gertken from Larson Allen reviewed the 2005 audit
report with the City Council. Doug Host in his presentation explained a number of items
including required communications the auditor makes to the Council based on audit standards.
He noted that the financial statements are materially correct and reported that the audit went
smoothly. He thanked staff for their cooperation.
Other items that were discussed included segregation of accounting duties and Doug Host
noted that in the MCC there was not adequate segregation of duties as one employee reconciled
collections, made the deposits, and coded and authorized expenditures. He noted that in smaller
communities it is more difficult to achieve this but it was something the City needed to be
aware of.
He also pointed out that documentation was not provided from two banks to show that the city
had perfected security interest in collateral pledged. He added that state statutes regulating
pledged collateral are very detailed and that the City has taken steps to provide the required
documentation. Doug Host also reported that the City had not obtained a broker certification
form for their 4M fund. In addition the City had three certificates of deposit where the value
was greater than the FDIC insurance coverage. Doug Host also addressed issues relating to the
computer system such as a disaster recovery plan, network backup and sufficiency of firewalls.
Doug Host went through a number of graphs relating to total net assets, total debt related to
liabilities and comparison of revenues and expenditures in the various fund balances from
2003-2005. The City's fund balances are healthy and there was an increase in value in the
total capital assets. He noted a big portion of the increase for 2005 was because of the
unexpended revenue from the $25,000,000 GO bond sale.
The auditors then addressed questions from the Council. Glen Posusta questioned under cash
and investments in 2004 the balance was $30,000,000 and in 2005 it was $50,000 and asked
what accounted for that increase. Doug Host stated the increase was because of the proceeds
from the $25,000,000 bond sale.
BRIAN STUMPF MOVED TO ACCEPT THE 2005 AUDIT REPORT AS PRESENTED
AND AUTHORIZE SUBMITTAL OF A COPY TO THE STATE AUDITOR BY JULY 19
2006. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
8. Consideration of authorizing purchase of a vehicle for Building/Engineering Department
City Administrator, Rick Wolfsteller explained the request for this additional vehicle noting
that the addition of an engineer and another building inspector generated the need to look at
the purchase of an additional vehicle. Currently the City has two vans which are used by the
three inspectors in the Building Department as well as the City Engineer. Since the inspection
work and engineering work often requires driving in areas that are not paved, it was felt that a
four wheel drive vehicle should be considered.
Rick Wolfsteller noted that money for the expenditure was not included in the 2006 budget but
funds could be budgeted in 2007 to pay back the expenditure from the Building Department for
this vehicle which is estimated at $20,000 on the state contract.
Brian Stumpf said if the City was going to use this vehicle for inspections in the field, they
might consider looking at a used vehicle instead of new. Although staff felt a used vehicle
would be satisfactory they did feel it was important that it is a four wheel drive vehicle.
Glen Posusta stated many companies just reimburse employees for use of their own vehicles. In
that case the City would just pay mileage (current reimbursement rate $.445/per mile) and the
employee covers all other vehicle expense. The Council discussed the equipments needs and
how often the vehicle would be used. The Council felt a four wheel drive pickup would be a
more appropriate vehicle to consider and directed staff to get additional information.
Building Official Gary Anderson stated that the City is growing rapidly and staff was added to
handle this growth. Many of the sites they need to inspect have no road surfacing and therefore
he felt it was important that the vehicle have four wheel drive.
Wayne Mayer asked how the use of the vehicle would be prioritized for the two departments.
Gary Anderson replied that there is somewhat of a schedule already in place where the
Engineer uses the van at given times to do his project inspections.
TOM PERRAULT MOVED TO TABLE ACTION ON THE ITME AND DIRECT STAFF TO
DO ADDITIONAL RESEARCH INTO THE TYPE OF VEHICLE THAT WOULD BE
MOST APPROPRIATE, WHETHER NEW OR USED, AND COME BACK WITH
OPTIONS. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
9. Consideration of purchase of vehicle for Parks Department to replace equipment van
with 4 -wheel drive pickup.
The Parks Department requested authorization to replace the 1975 van with an extended cab
pickup. Clint Herbst suggested that if a replacement vehicle was authorized that the
equipment van does not remain in the fleet but is scrapped. The pictures of the van showed the
poor condition of the vehicle.
TOM PERRAULT MOVED TO AUTHORIZE THE REPLACEMENT OF THE 1975
CHEVROLET EQUPMENT VAN WITH A NEW FORD 3/a TON, FOUR WHEEL DRIVE
EXTENDED CAB PICKUP WITH AN 8' BOX FROM ELK RIVER FORD ON THE STATE
BID AT A COST OF $21,609.30. WAYNE MAYER SECONDED THE MOTION.
In further discussion, Glen Posusta questioned since the vehicle was not used that often why
did they need to replace it with a new vehicle. John Simola stated they didn't feel it was save
to use for moving equipment. Park Superintendent Seth Nelson and Park Foreman Tom
Pawelk were present and explained to the Council how the existing equipment van is used and
how the replacement vehicle is proposed to be used. The primary concern is the safety of the
vehicle. He noted that in lieu of using the van, staff is using the Cushman or mule instead.
Tom Pawelk added that the Cushman and mule are not roadworthy and should not be utilized
on the streets. There was additional discussion on the type of vehicle needed and what size
truck bed. Glen Posusta felt a two wheel drive truck was adequate. Clint Herbstated that a
four wheel drive has the potential to add a plow. Staff was asked if they needed the 8' box.
They indicated they could get by with 6.5' box.
TOM PERRAULT AMENDED HIS MOTION AND GO WITH A 6 W BOX. WAYNE
MAYER SECONDED THE AMENDED MOTION. MOTION CARRIED WITH GLEN
POSUSTA VOTING IN OPPOSITION.
10. Consideration of request to pay prevailing 2005 rate for park dedication on Pineview
Development — Tom Holthaus.
In 2006 the Council approved the final plat for the Pineview development and the development
agreement outlining the project fees for the development set the park dedication at the 2006
rate of $3,500 per unit. The developer was requesting that since his development was in
process in 2005 that the park dedication fee in effect at that time ($1500) be applied to the lots.
Jeff O'Neill said this a redevelopment project and the staff could justify going with a lower
rate.
Clint Herbst stated that prices go up on a lot of things and the developer know this. Glen
Posusta said the City has been trying to get something on this site for four years. Wayne Mayer
said the City bent over backward to give the developer five lots instead of four and he is now
requesting a reduction of fees. While he felt the Council could negotiate the fee he didn't feel
the park dedication fee should go back to $1,500. Glen Posusta responded that if the City had
not so dramatically increased the fees, this wouldn't be such a problem for developers.
Brian Stumpf stated that on the four lots the Council could go with a lower rate but when the
fifth lot developed it should be at the going rate in effect at that time. Glen Posusta reiterated
that the City was nailing it to the developers with the high fees. Clint Herbst stated that a break
was given to the developer by allowing the fifth lot in the PUD.
Matt Holker representing the developer stated they did not anticipate the development process
would go beyond 2005 which made this difficult to price out. They were looking for whatever
reduction in fees the Council would consider.
GLEN POSUSTA MOVED TO SET THE PARK DEDICATION RATE FOR THE FIFTH
LOT OF THE PINEIVEW DEVELOPMENT AT $3,500 AND $2,000 PER LOT FOR THE
REMAINING FOUR LOTS IN THE DEVELOPMENT BASED ON THE FACT THAT THIS
IS A REDEVELOPMENT PROJECT. WAYNE MAYER SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
11. Consideration of award of bids for Meadow Oak and County Road 39 lift station
generators.
Glen Posusta stated that at the township meeting, the township was taken aback by the fact that
the lift station improvement project had been awarded. He felt the Council was not made
aware of the fact that the township had to give their approval for the placement of the pipe in
the township easement. The township tabled action on this until their July 3, 2006 meeting. He
stated that the township did not agree with WSB's assessment of the situation and felt it was a
slap in the face as far as the township was concerned
John Simola responded stating that this project relates more to Mississippi Drive. Whether or
not the Hidden Forest development goes in the backup generators would still have to be
replaced. Shibani Bisson noted this was a separate project from the forcemain project and the
forcemain project award was contingent upon development agreements being executed. She
added that they had met with the township two months ago regarding the forcemain project.
Clint Herbst questioned whether to oversize the generators in gave the developers do not go
forward with their development and asked if this could be tabled until after the July 3, 2006
township board meeting.
John Simola stated they could downsize the pumps for now and if the Niagara Falls/Hidden
Forest development proceed the developments could pay for the cost to upgrade it. The
generators are backup power for the City's two existing lift stations which are on city property
and are proposed to be refurbished. Wayne Mayer questioned how the township could
misconstrue this item.
BRIAN STUMPF MOVED TO AWARD THE BID FOR BOTH GENERATORS TO
ZIEGLER POWER SYSTEMS OF SHAKOPEE, MN IN THE AMOUNT OF $63,220.00
EXCLUDING SALES TAX. TOM PERRAULT SECONDED THE MOTION. MOTION
CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION.
Added Items:
Engineering issues with Township: This was touched on in the discussion of the agenda item #11.
Glen Posusta stated that what occurred at the township meeting points out the need to follow all steps
in the process in sequence. Not doing so makes people feel slighted and less likely to cooperate. Glen
Posusta asked that Shibani Bisson take that message back to Bret Weiss that the proper sequence must
be followed.
Shibani Bisson responded that was the intent and after the first meeting with the Township in March
WSB didn't feel it was necessary to meet with the township again until they knew if the development
is was going to proceed. After discussing it the Council felt their motion should have contained the
contingency that the township approved the use of their easement in this project.
Meadow Oak Avenue: Glen Posusta noted the grass and weeds in this area exceed 2'. Shibani Bisson
stated that have talked to Central Landscaping to place sod or to slipseeding and they are getting prices
on this. Glen Posusta asked who is responsible for maintaining this and John Simola indicated it was
the adjoining property owners.
Second Liquor Store Site: Wayne Mayer brought up the consideration of establishing a second liquor
Store. The City had discussed this a number of years ago so Brian Stumpf suggested that Rick
Wolfsteller review and update the previous proposal and bring it back to the Council. Brian Stumpf
also questioned whether the City could do a land exchange using property in the Jefferson Commons
development.
Ham Radio Association of Wright County: Tom Perrault updated the Council on the event the group
conducted at Pioneer Park over the weekend. The ham radio operators serve as severe weather
spotters and played a significant role in communications in the 9/11 disaster.
12. Consideration of approving payment of bills for June.
BRIAN STUMPF MOVED TO APPROVE PAYMENT OF BILLS. TOM PERRAULT
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
13. Adiourn.
TOM PERRAULT MOVED TO ADJOURN AT 9:25 P.M. WAYNE MAYER SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
D c� S
Recording Secretary