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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