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City Council Minutes 03-14-2005Council Minutes — 3/14/05 MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday March 14, 2005 — 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. 2A. Approve minutes of February 28, 2005 regular Council meeting. Tom Perrault noted a correction on page 12 relating to payment of bills pointing out that he had made the statement questioning the number of memberships in organizations and the value of them. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 28, 2005 REGULAR COUNCIL MEETING WITH THE CORRECTION. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. Approve minutes of February 28, 2005 Workshop meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 28, 2005 WORKSHOP MEETING. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Glen Posusta added to the agenda 1) Sign for Dundas Road; 2) Completion of Cedar Street; 3) Plantings for wastewater treatment plant. Wayne Mayer added an update on the negotiations on Territorial Road and the methamphetamine awareness program that was coming up. John Simola added authorization of certain preliminary work relating to future WWTP expansions. Clint Herbst added a sign issue. 4. Citizen comments, petitions, requests and complaints. None. 5. Consent Agenda. A. Consideration of new hires and departures. Recommendation: Ratify new hires as identified. Council Minutes — 3/14/05 B. Consideration of waiving statutory liability limit for City insurance renewal. Recommendation: Authorize the City to continue carrying excess liability coverage in the amount of $1,000,000 through the LMCIT program. C. Consideration of a request for replat for Prairie Ponds Addition, a request for rezoning from B-3 to B-4 for the plats of Prairie Ponds Addition and Prairie Ponds Second Addition and consideration of a request for final plat approval for Prairie Ponds Second Addition. Recommendation: Decision #1—Move to approve the rezoning for Prairie Ponds Addition and the proposed Prairie Ponds Second Addition from B-3 to B-4 based on findings that the best long term use of the site for regional commercial uses, and that the B-4 designation would be compatible with the adjoining commercial property also zoned B-4. Decision #2 — Move to approve the replat for Lots 2, 3, and 4, Block 1 of Prairie Ponds Addition based on a finding that the replat is best suited for the specific development needs of the property, and that all lots in the replat will continue to meet the City's zoning requirements. D. Consideration of authorizing distribution of EAW for a 30 day comment period for the Hidden Forest/Sunset Ridge Development. Recommendation: Authorize the distribution of the EAW for the 30 -day public comment period to the required agencies. E. Consideration of a request for a lot line adjustment for two single family residential lots in an R-1 Zoning District. Applicant: Stephanie and Shawn Rossebo. Recommendation: Approve the lot line shift to create two parcels as described by the Certificate of Survey, subject to Council approval of the vacation of existing drainage and utility easements and the re-establishment of the required drainage and utility easements. F. Consideration of a request for a conditional use permit for open and outside storage in an I-1 A Zoning District. Applicant: Twin City Die Casting. Recommendation: Approve a Conditional use permit to Twin City Die Castings at 520 Chelsea Road for open and outdoor storage subject to the plans provided and attached (Pages 5F-78 to 5F-80 of agenda). G. Consideration of a request for a conditional use permit to allow loading dock doors fronting a public street on a corner lot in an I-2 District. Applicant: Tapper Holdings, LLC. Recommendation: Approve a conditional use permit for Tapper Holdings, LLC to allow loading dock doors fronting a public street on a corner lot in I-2 District based on the comments from the staff report for the March 1, 2005 Planning Commission meeting and contingent upon conditions of Exhibit Z as follows: a. The applicant demonstrate compliance with the City's off-street parking supply requirements through proof of parking or employee counts. To achieve the required parking supply, consideration should be given to "infilling" the existing parking lot to the extent possible. b. The submitted site plan is revised to illustrate required parking stalls to be devoted for use by the disabled. c. The proposed plantings comply with the requirements of the zoning ordinance. W Council Minutes — 3/14/05 d. To the extent possible, the proposed building addition match the existing building in design and color. e. All exterior lighting be directed such that the source of the light is not visible from adjacent properties or rights-of-way. f. The City Engineer provide comment regarding grading and drainage issues. H. Consideration of branch agreement with Great River Regional Library for the Monticello Library. Recommendation: Approve entering into a library branch agreement with the GRRL as negotiated. I. Consideration to authorize preparation of plans and specifications and to publicly bid parking lot construction on the vacant land west of the Monticello Public Library. Recommendation: Authorize staff to engage engineering services for the preparation of detailed plans and specifications for a parking lot to be constructed on the vacant parcel just west of the Monticello Public Library and to authorize staff to publicly bid the proj ect. J. REMOVED FROM AGENDA. K. REMOVED FROM AGENDA. L. Consideration of approving plans and specifications and authorizing advertisement for bids for School Boulevard sidewalk and median improvements (Deegan Avenue to Edmonson Avenue), City Project No. 2004-31C. Recommendation: Adopt a resolution approving plans and specifications and authorizing the advertisement for bids for the School Boulevard Improvement Project No. 2004-31 C. M. Consideration of request for Fire Department members to attend national fire conference. Recommendation: Authorize up to four Fire Department members to attend a National Fire Department conference in Indianapolis, Indiana with the City covering lodging expenses and exhibit entrance fees not to exceed $1,000. N. Consideration of approving spring load restriction map for City streets. Recommendation: Approve the new load restriction map and order the appropriate signing. O. Accept Feasibility Report and set the public hearing date for the extension of School Boulevard from Deegan Avenue to 90th Street NE, City Improvement Project No. 2005-02C. Recommendation: Accept the feasibility report and order the public hearing for April 11, 2005. P. Authorize acquisition of fee title, easements and other rights necessary for the construction, reconstruction, improvement and maintenance of Wright County Highway Numbers 18 and 39 in accordance with Right -of -Way Plat 55. Recommendation: Adopt a resolution authorizing the acquisition of fee title easements and other rights 3 Council Minutes — 3114105 necessary for construction, reconstruction, improvement and maintenance of Wright County Highway Numbers 18 and 39, located in Section 13, Township 121, Range 25 and Section 18, Township 121, Range 24. Glen Posusta requested that item #5G be removed from the consent agenda and Wayne Mayer asked that items #513, #5I and #5M be removed. Bret Weiss noted two clarifications on consent agenda items. Item 5L is for median improvements associated with the Wal-Mart project. John Simola wanted to make some modification on the curbing to assist in snowplowing. The landscaping work is going to be pulled out and done by city staff. For item #5N on the road restrictions, it was pointed out that because of the Wal-Mart project they were modifying the 9 ton load restriction on School Boulevard between Deegan Avenue and Edmonson Avenue. Cedar Street was being modified to 5 ton because the final lift was not in place on that street. Brian Stumpf asked that #5N be removed from the consent agenda. Tom Perrault asked if it was appropriate for him as an employee of Wal-Mart to vote on the project for the median improvements. The City Attorney indicated it would not be a problem. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE MODIFICATIONS TO #5L AND WITH THE REMOVAL OF ITEMS #513, #5G3 #51, #5M AND #5N. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIEDUNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. #SB: Wayne Mayer asked about the coverage for certain types of legal action such as civil rights cases or inverse condemnation liability claims. Rick Wolfsteller explained that normally you would have $1,000,000 of standard coverage but this kind of coverage would not apply to all cases so that is why they recommend carrying additional coverage. Rick Wolfsteller indicated that the cost for this excess liability coverage is $15,000 per year. The question is whether the liability risk offsets the $15,000 annual cost. Rick Wolfsteller felt that for smaller communities, it was probably more valuable to have the coverage because they would be less likely to have other funds to cover any claims not covered by the standard liability policy. Glen Posusta did not feel the City needed to spend $15,000 a year for the $1,000,000 excess liability coverage when the risk was not that great. He asked the City Attorney what the cities he worked in did. Tom Scott, City Attorney indicated that some of the cities carried it and some did not. Clint Herbst felt the cost was a reasonable amount for the coverage. Glen Posusta didn't see any reason to be spending the extra money for coverage based on the City's claim history. GLEN POSUSTA MOVED TO DIRECT STAFF TO DISCONTINUE THE EXCESS LIABILITY COVERAGE PROVIDED THROUGH THE LMCIT PROGRAM. Brian Stumpf asked the City Attorney what he suggested. Tom Scott agreed with Rick Wolfsteller's comments that smaller cities would have a greater worry about claims and he noted that certain types of claims are not subject to statutory caps such as discrimination cases S Council Minutes — 3/14/05 He suggested that if the Council wanted information on number of claims that cities had that came under their excess liability coverage they could probably get that information from LMCIT. Clint Herbst asked for a second to the motion on the floor. There was no second and the motion died. BRIAN STUMPF MOVED TO AUTHORIZE THE CITY TO CONTINUE CARRYING EXCESS LIABILITY COVERAGE IN THE AMOUNT OF $1,000,000 THROUGH THE LMCIT PROGRAM. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION. Rick Wolfsteller will check into reducing the premium on the excess liability coverage by having a larger deductible and will check on what cities carry the excess liability coverage. #5G: Glen Posusta questioned the parking requirements that were noted in the staff report included in the agenda. The ordinance allows for parking to be calculated either on a square footage of building basis (8 spaces plus 1 space for each 500 sq. ft. of floor area) or on the number of employees (8 spaces plus one for each 2 employees). Glen Posusta, felt that language used in the staff report was convoluted and that parking for the 25,000 sq. ft. proposed expansion would be excessive. Fred Patch explained the two options for calculating the parking spaces needed noting that the employee calculation was based on the number of employees on the maxim shift. He added that item #I on Exhibit Z specifies the parking requirement. The comments in the staff report on the off-street parking reflects what is in the ordinance. Glen Posusta questioned the proof of parking noted in #1 on Exhibit Z. Fred Patch explained the property owners submits his parking calculations and the calculations are reviewed by staff to determine if sufficient parking stalls exist. Glen Posusta noted in the staff report it said 155 off street parking stalls are required and that the site only has 103 and there is no on street parking allowed. Glen Posusta suggested Fred Patch keep this parking issue in mind. He reiterated he didn't feel any more parking was needed than what was shown on the plan. GLEN POSUSTA MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW THE LOCATION OF LOADING BERTHS WITHIN THE FRONT YARD AREA OF THE GENERAUX WOOD PRODUCT SITE BASED ON THE COMMENTS FROM THE STAFF REPORTED FOR THE MARCH 1, 2005 PLANNING COMMISISON AND SUBJECT TO THE CONDITIONS NOTED IN EXHBIIT Z. TOM PERRAULT SECONDED THE MOTION. In further discussion Wayne Mayer questioned the wording of #5 on Exhibit Z as the language made it seem difficult to provide any lighting that would not be visible from adjacent properties or rights-of-way. Fred Patch explained that the lights could be hooded to shield the glare. Wayne Mayer felt it was very poor way of stating that the lighting was to produce no glare. 5 Council Minutes — 3/14/05 UPON VOTE BEING TAKEN, MOTION CARRIED UNANIMOUSLY. #5I: Parking Lot Improvements — Wayne Mayer asked where the City was considering building the parking lot and questioned who "deemed the parking lot was questionable in relation to the Downtown Revitalization Plan." Rick Wolfsteller explained the parking lot proposed to be improved is located by the new library site. The original site proposed was adjacent to the old library site between the Wells Fargo parking lot and the Towne Centre facility. Clint Herbst felt the construction of a parking lot next to the library would be a good step. Clint Herbst asked if John Simola could design the parking lot without having the project going out to an engineer. John Simola said normally they would design it and have the engineer sign off on the design. Clint Herbst stated that by having an engineer in-house the City could be doing more projects of this kind. The City Engineer estimated a cost of $5,000 in engineering fees to design a project like this. Glen Posusta asked if the City would go back to the original design prepared by Bogart & Pederson, put it out for bids or do a request for proposals. John Simola suggested that Public Works design the plan and have an engineering firm do the final drawings and the signature block. GLEN POSUSTA MOVED TO AUTHORIZE THE PUBLIC WORKS DIRECTOR TO PREPARE PLANS AND SPECIFICATIONS FOR APPROVAL BY THE CITY ENGINEER. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Glen Posusta suggested not having all the islands and other protuberances in the parking lot as it would make snow removal more difficult. John Simola stated it would be designed to conform with city ordinances relating to medians and parking stall requirements. #5M: Wayne Mayer said he brought attendance at the conference up because the background information in the staff report did not list any type of training that would be received. Rick Wolfsteller said it was more of an exhibitor's display rather than a seminar but Fire Chief Scott Douglas noted there were instruction sessions on operation of fire fighting equipment. Wayne Mayer stated he would like to have more of a description of an item especially if it is going on the consent agenda. Glen Posusta asked who would be attending. Brian Stumpf indicated that it would probably be the Fire Chief, Assistant Fire Chief and the two captains. Tom Perrault asked if those attending would be paid and Rick Wolfsteller indicated they would not. WAYNE MAYER MOVED TO AUTHORIZE UP TO FOUR FIRE DEPARTMENT MEMBERS TO ATTEND A NATIONAL FIRE DEPARTMENT CONFERENCE IN INDIANPOLIS, INDIANA WITH THE CITY COVERING LODGING EXPENSES AND EXHIBIT ENTRANCE FEES NOT TO EXCEED $1,000. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5N: Brian Stumpf stated he brought the load restrictions up because it affects him personally. He stated that a number of year ago the Council discussed not allowing trucks 0 Council Minutes — 3/14/05 over a certain weight on residential streets. He questioned whether the road restrictions would prohibit him from having his tow truck parked on the street. John Simola indicated the restriction would be five tons per axle weight and he felt it was unlikely that Brian Stumpf s truck would exceed that. BRIAN STUMPF MOVED TO APPROVE THE NEW MAP FOR SPRING LOAD RESTRICTIONS WITH THE CHANGES OF HAVING SCHOOL BOULEVARD BETWEEN DEEGAN AVENUE AND EDMONSON AVENUE A 9 TON DESIGNATION AND CEDAR STREET BETWEEN DUNDAS ROAD AND SCHOOL BOUELVARD A 7 TON DESIGNATION AND ORDER THE APPROPRIATE SIGNING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Bret Weiss noted that once Cedar Street has its final lift it will be a 9 ton road. 7. Public Hearing — Consideration of vacation of easements for Lots 3, 4 and 5S, Block 2, Groveland 4th Addition. City Administrator, Rick Wolfsteller noted that a public hearing is required in order for the City to vacate easements. The vacation of the easements is a result of a lot line adjustment that had been approved earlier. The City will be obtaining replacement easements from the property owners. Mayor Herbst opened the public hearing. No one spoke for or against the proposed easement vacation. Mayor Herbst then closed the public hearing. GLEN POSUSTA MOVED TO VACATE THE EXISTING 6' DRAINAGE AND UTILITY EASEMENTS ALONG THE INTERIOR LOT LINES BETWEEN LOTS 2 AND 3, BLOCK 2, GROVELAND 4TH ADDITION CONTINGENT UPON REPLACEMENT EASEMENTS BEING OBTAINED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Public Hearing — Consideration of vacation of easements for Lots 3, 4 and -5, Block 1, Prairie Ponds Addition. City Administrator, Rick Wolfsteller explained that Lots 3, 4 and 5, Block 1 of Prairie Ponds Addition were being replatted. The easements that are proposed to be vacated would be replaced by easements obtained with the plat of Prairie Ponds 2" a Addition. Mayor Herbst opened the public hearing. Brad Larson, developer, reiterated that with the replatting of the lots replacement easements would be provided. He also noted that the title company discovered that a line was missing on the Prairie Ponds plat dedication that referenced the natural gas line easement and it needs to be acknowledged that the easements in the new plat are subject to the pre-existing easement. Bret Weiss stated it is expected that the gas line would have rights over the easement area. Mayor Herbst then closed the public hearing. GLEN POSUSTA MOVED TO VACATE THE EXSITING DRAINAGE AND UTILITY EASEMENTS OVER LOTS 3, 4, AND 5, BLOCK 1 PRAIRIE PONDS ADDITION 7 Council Minutes — 3/14/05 CONTINGENT UPON REPLACEMENT EASEMENTS BEING OBTAINED WITH THE PLATTING OF PRAIRIE PONDS 2ND ADDITION. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Public Hearing — Consideration of vacation of Garrison Avenue within the plat of Wildwood Ridge Addition. City Administrator, Rick Wolfsteller explained that Garrison Avenue was a township road that had provided access for a couple of residences. With the platting of the Wildwood Ridge Addition and Carlisle Village development this road no longer provided access. It is proposed to vacate that portion of Garrison Avenue that lies within the plat of Wildwood Ridge. Since the City does not have fee title to the right of way, only an easement, if the property is vacated it would revert back to the adjacent property owners. Clint Herbst asked what would happen if one of the adjacent property owners did not want the vacated right-of-way that abutted his property. Tom Perrault indicated his concern was with the drainage problems that still exist in the area. Mayor Herbst opened the public hearing. John Kautza, 8548 Troy Marquette Drive and Brad Kitzman 8608 Troy Marquette Drive spoke to the Council concerning the drainage problems in the area. Mr. Kautza stated that the cul-de-sac in Carlisle Village was constructed at higher elevation than that of their property which causes the runoff from the cul-de-sac to come onto their property. He stated that directing runoff to someone else's property was illegal and he felt the Council should take steps to rectify the situation. Brian Stumpf stated he was at the meeting when this issue came up previously and the Council had directed the matter to the City Engineer. He asked Bret Weiss to address this. Bret Weiss stated he is working with the developer's engineer and the water is not going to run onto the Kautza property. He stated the cul-de-sac is at the same elevation as the front of the adjacent houses. The water is designed to run on the Carlisle Village property into a swale that goes to a wetland on Carlisle Village. He added that eventually a pipe will be installed when the cul-de-sac is finished. Clint Herbst stated that when the Carlisle Village development is completed the property owners would see a change. Glen Posusta asked if a berm could be placed in the area of the road easement that would be higher than the swale. Bret Weiss noted there is a berm area on the Kautza property so he didn't think the water could go onto his property. Bret Weiss felt a better plan would be to take the water across to the wetland area. Bret Weiss felt the property owners should meet with the developer's engineer to see what has been done to correct the drainage. Mr. Kautza was asked if the City did vacate the street right-of-way did he want that additional area. Mr. Kautza indicated what he didn't want was the drainage problems. Clint Herbst indicated that he was aware it was a bad situation but the City is working on correcting it and added that until the frost is out of the ground not a lot can be done. Mayor Herbst closed the public hearing. BRIAN STUMPF MOVED TO VACATE GARRISON AVENUE WITHIN THE PLAT OF WILDWOOD RIDGE AND TO RETAIN DRAINAGE AND UTILITY EASEMENTS WITHIN THE AREA PROPOSED FOR VACATION AND TO CONTACT PROPERTY Council Minutes — 3/14/05 OWNERS ON THE WEST SIDE OF GARRISON AVNEUE TO ASCERTAIN IF ALL OF THE PROPERTY OWNERS ARE INTERESTED IN HAVING THE PROPERTY TURNED OVER TO THEM. GLEN POSUSTA SECONDED THE MOTION. Tom Scott asked if it was the intent of the Council to vacate the street and then turn it over to Carlisle Village if the adjacent residents did not want. He noted the City only has an easement and not fee title, therefore if the City vacates the street it must go back to the abutting property owner. BRIAN STUMPF MODIFIED HIS MOTION TO PROCEED WITH THE VACATION IF 100% OF THE ABUTTING PROPERTY OWNERS WERE AGREEABLE AND IF NOT THE CITY WOULD RETAIN THE AREA FOR A UTILITY DEASEMENT. There was additional discussion on what would happen if one of the property owners did not want the vacated portion of the street and did not maintain it. Bret Weiss indicated that since it is street right of way and they are the underlying owners of it they have a responsibility to maintain it. BRIAN STUMPF MOVED TO VACATE GARRISON AVENUE WITHIN THE PLAT OF WILDWOOD RIDGE ADDITION AND TO RETAIN DRAINAGE AND UTILITY EASEMENTS IN THE AREA PROPOSED FOR VACATION. GLEN POSUSTA SECONDED THE MOTION. Wayne Mayer asked if this was the same motion as Brian's first motion. Brian Stumpf said since his modified motion never received a second, the first motion was back for consideration. UPON VOTE BEING TAKEN, MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. 10. Consideration of reviewing policy for regulating off premise directional signs on the public right-of-way. Fred Patch provided background information on the off premise directional sign policy that was adopted by a previous Council in 1980. This came up now because of a request by Olson Electric for placing a directional sign at Chelsea Road and Sandberg Road directing others to the location of Olson Electric. Clint Herbst asked if there was a map submitted showing where it was proposed to locate the sign. Fred Patch indicated no plan was submitted but his understanding was that the sign was to be located in public right-of-way. In 1980 the Council had restricted off premise directional signs to medical facilities, government facilities, church and schools. There were also restrictions on size, color and sign content. Clint Herbst felt this situation was different because the City had shut off his access as part of an improvement project. It was not the property owner's decision to change the access. Fred Patch stated he had discussed this with the Public Works Director and their concern was that the City would be opening a Pandora's box by allowing this. He felt the Council should define what unique circumstances would allow placement of off -premises signs in public right 9 Council Minutes — 3/14/05 of way. He felt the Council should go back to the 1980 policy and re -affirm the provisions they want of that policy and then define what circumstances would allow a variation from the policy. Public Works Director John Simola indicated he felt it should be handled as a variance. In that way any case with unique circumstances would come before the Council. Wayne Mayer noted his concern is with setting a precedent. Fred Patch also pointed out that the policy would only be for signs within the City's right of way as county and state roads were outside the City's jurisdiction. Glen Posusta felt the Planning Commission should look at this before it came back to Council. GLEN POSUSTA MOVED TO DIRECT THE OFF PREMISE DIRECTIONAL SIGN POLICY BE BROUGHT BEFORE THE PLANNING COMMISSION FOR THEIR REVIEW BEFORE IT COMES BACK TO THE COUNCIL. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION. 11. Consideration of settlement offer — Kramer House. City Administrator, Rick Wolfsteller provided information on the insurance company's settlement offer. He noted that there are some options for continuing the claim if the City decides to pursue this further. The City would need to hire an appraiser and have the appraisal submitted to a 3rd party. Rick Wolfsteller stated that the appraisal done by the insurance company put the value of the property at zero. The appraisal provided a basis for the company rejecting the $50,000 counteroffer the City had made and also provided documentation to support removing their original settlement offer of $30,000. Clint Herbst suggested the Council submit a counteroffer of $25,000. Glen Posusta questioned whether the Council had been informed that the $30,000 offer was the final offer from the insurance company. The City Administrator stated that information was provided to the Council when this item was first considered. BRIAN STUMPF MOVED TO SUBMIT A COUNTEROFFER OF $25,000 AND TO HAVE THE CITY ADMINISTRATOR BRING THEIR RESPONSE BACK TO THE COUNCIL. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. Brian Stumpf asked what the Council's wishes were on the garage that is remaining on the site. John Simola noted that there were some other sites that should be considered for demolition as well. The consensus of the Council was that staff should draw up something covering the demolition of these sites and present it to the Council. 12. Consideration of process for sale of vacated 7"' Street richt-of-sway. After the vacation of the right of way for 7"' Street, the adjacent property owners, Randy Ruff and Monica Olson were both contacted to see if they had an interest in purchasing the vacated right of way. Both parties indicated an interest in purchasing the property and were informed the minimum price that would be considered was $30,000. Since the property did not include sewer and water service and required that fill be brought in, it was felt this was a reasonable price. 10 Council Minutes — 3/14/05 Clint Herbst stated that he was more concerned about what was constructed on the lot than what was paid for it. Rick Wolfsteller suggested that the City could place restrictive covenants on the property that would specify structure requirements for the site. Wayne Mayer said in fairness to Monica Olson it was not her fault she was told a minimum bid of $30,000 when the Council was actually looking at $40,000. Monica Olson at 614 Minnesota Street spoke stating that she was interested in purchasing the property. She felt if someone else built on the property it would take away her privacy as the structure would only be 10' or so from her house. She noted that she does foster care and appreciates the openness of the area. She would hate to lose it because of another structure being built. Brian Stumpf said he was opposed to this when it first came up as he felt it should d be offered to the adjoining property owners. He felt the City should honor the offer made by Monica Olson. Clint Herbst agreed saying he didn't have a problem with the offer. Glen Posusta asked if language could be added stating that the right of way is part of her parcel and cannot be sold as a separate parcel. Tom Scott said the City could sell the right of way on the condition that it be combined with her lot and not be sold as a separate lot. Brian Stumpf questioned whether it was the Council's intent that something be built on the site eventually. Clint Herbst felt that anything constructed on the site should be to R-1 standards. Rick Wolfsteller stated that the zoning in the area was R-2. Brian Stumpf suggested that anything that is approved be contingent upon Planning Commission approval. Tom Scott suggested putting property restrictions on the parcel that would be the appropriate way to go. Fred Patch suggested that he and Tom Scott work out some restrictions for Council consideration. Clint Herbst said his concern is that they don't want to see a house moved on to the property. He felt it should be a new structure and that it needs to meet zoning requirements for the district. Fred Patch asked if manufactured housing would be considered. WAYNE MAYER MOVED TO DIRECT STAFF TO PREPARE A PURCHASE AGREEMENT LAYING OUT TERMS BETWEEN MONICA OLSON AND THE CITY AND PREPARE A DOCUMENT OF RESTRICTIVE COVENANTS THAT WILL PROVIDE FOR RESIDENTIAL QUALITY AS DIRECTED BY COUNCIL. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Consideration of adopting a purchasing policy. City Administrator, Rick Wolfsteller provided information on the purchasing policy. He stated that based on direction from Council he informed staff that major purchases would be reviewed by Council and that purchases under $1,000 should be made locally. In order to clarify the direction of the Council and to summarize past purchasing procedures, a purchasing policy was prepared for Council review. Rick Wolfsteller, stated that the City has never had a policy that directed staff not to purchase locally. Local vendors were not always able to provide the same product or could not provide it for the same price. The City's past practice has been to get price quotes on larger purchases. He added that the purchasing policy did contain a provision that would allow the 11 Council Minutes — 3/14/05 City to go with local vendors provided their price did not exceed 5% more than that of other vendors. The proposed purchasing policy was submitted to city staff for their comments. Most staff members felt a formal written policy should be in place so that everyone was aware of procedures. In addition, Rick Wolfsteller noted that the auditor's are looking for written policies that document procedures that are being used by the City. Clint Herbst stated it didn't seem like the local vendors get an opportunity to get the City's business. He asked if the price comparison information provided in the staff report had been given to any of the local vendors. Glen Posusta said he talked to Monticello Office Products. He noted that some of the items on the list were higher than what was quoted by Monticello Office Products. Glen Posusta felt the City should help local business thrive. Glen Posusta felt the small quantities could be purchased locally and the higher cost would be offset by the taxes that the local business people pay. Glen Posusta added that he had gotten a price quote from Mies Equipment in Watkins for the same identical tractor that was purchased by the Parks Department from Scharber's but the quote from Mies was $4,000 less. Glen Posusta asked if the City always got two quotes on the large purchases. Rick Wolfsteller stated that if you use the state bids you don't have to get a second quote. Brian Stumpf suggested the Council review the purchasing policy and make modifications that way the staff has some direction. Rick Wolfsteller stated that the City has set the budget based on the past history of purchases so if the City is going to purchase locally regardless of cost the budget may need to be adjusted to account for the increased cost. Glen Posusta questioned the replacement of the countertops at the MCC when they were only five years old. He questioned the responsibility of spending $6,000 for a sign on the back side of the MCC building. Clint Herbst stated that the previous council went by the Governance Policy. Clint Herbst stated that any large purchase should come back to the Council. There was some discussion on what should be defined as a large purchase. Clint Herbst said he was not excited about making a whole lot of changes to what was going on with purchasing but he wanted to curb the City's expenses. He felt 95% of the purchases were justified but the rest he felt should come before Council. Any abnormal purchase or big ticket item should come back before the Council. Brian Stumpf suggested that defining what is considered local would also be a good idea. Wayne Mayer felt this was going to be a learning process that staff is going to have to go through. Clint Herbst asked if there were any amendments to the purchasing policy. It was suggested that in #3 for Standards for Purchasing it should read that anything over $5,000 requires Council approval. Glen Posusta stated that the City `s budget didn't get this far out of whack because the City has been watching the budget closely. He compared the budget of Monticello to Elk River and Buffalo and felt Monticello was out line with those larger communities. Glen Posusta said the City has to go through this process to get the budget back in line. 12 Council Minutes — 3/14/05 Tom Perrault stated that he would like to see the purchasing done locally but if there is a significant cost difference he thought the City should purchase from the vendor providing the best cost. Rick Wolfsteller stated that the Council could set the dollar figure for any purchase that they felt needed to come back to the Council. CLINT HERBST MOVED TO ADOPT THE PURCHASING POLICY WITH #1 AND #2 UNDER STANDARDS FOR PURCHASING TO REMAIN THE SAME, #3 BEING CHANGED TO $100 TO $5,000 AND #4 BEING CHANGED FROM $5,000 TO $5000 WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Glen Posusta asked if there was any point where the Council was going to review the 2005 budget and trim it back. Clint Herbst felt that could be done at a future workshop. 14. Consideration of authorizing the Park Department to go ahead with the preparation of concept plans for the Ellison Park restrooms. Park Superintendent, Adam Hawkinson updated the Council on the additional information he received about the precast restrooms. He noted the turn around time from ordering to installation would be approximately 60-90 days and could be done in time for River Fest. Adam Hawkinson stated that Clint Herbst had suggested that the existing facility could be renovated for other uses so the old facility would not go to waste. Adam Hawkinson indicated that he had prepared the specifications to be used for the bidding process which need to be reviewed by the City Attorney to verify that there was nothing in there that would restrict the bidders. Clint Herbst suggested that if they go out for bids, the specifications should include an option for heating so that at least in the spring and fall the facility would be heated. He questioned if the City was going with multiple facilities whether there would be some kind of cost advantage. Adam Hawkinson indicated he had discussed this with CST and they indicated that could be considered. He noted the smallest units available would run between $30,000-$40,000. Clint Herbst felt for most of the parks a one stall unit would be sufficient and for other parks like Ellison larger units would be required. It was suggested that in bidding options like the drinking fountain, heat, etc. should be bid as alternates and the Council can then determine which options they want. Adam Hawkinson stated they have gone with quotes on their purchases such as the tractor and on the restrooms they have gotten price information from CST and Romtex. In addition he got price information on renovating the existing structure as well as building a new structure. Wayne Mayer asked about the bidding process and going with the lowest bidder. Tom Scott indicated that in the bidding process for items over $50,000 the City has to go with the lowest responsible bidder Wayne Mayer expressed his concern that the lowest bidder may not provide the best work. Tom Scott stated that it is important that the specifications spell out exactly and specifically what is to be supplied and how it will be constructed. John Simola suggested adding some criteria on the bidder, such as having installed a certain # of like facilities, etc. 13 Council Minutes — 3/14/05 BRIAN STUMPF MOVED TO AUTHORIZE PREPARATION OF BIDDING SPECIFICATIONS FOR THE RESTROOMS AT ELLISON PARK. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION. 15. Consideration of renewal of contract at the Elk River Landfill with Waste Management Corp. The information was not available for this meeting and the item will be brought back at a future meeting. 16. Consideration of approving payment of bills for March. Glen Posusta questioned a bill from B& D Plumbing for work at the MCC in the amount of $425. Rick Wolfsteller indicated he would check with Brian Weldon or Kitty Baltos to find out the nature of the work. Glen Posusta questioned why the building custodians could not perform this work and if they couldn't do the work why didn't they get a local plumbing firm to do it. Glen Posusta also questioned the bills from Nextel and AT&T. He asked why two different firms were providing the cell phone service. He questioned the disparity in the billing amounts which ranged from $26 to $250 a month. Rick Wolfsteller explained that the Nextel phones were use by Public Works and Inspections because they had a two way radio feature. Those that did not utilize the two way radio feature had phones from AT & T. He also explained that the plans were set up to match the usage of the individual with the plan minutes. The amount of the WSB bill was also mentioned and Bret Weiss noted that this covered work done on the CSAR 18/I-94 interchange. Tom Perrault asked about the City's dues and membership in various organizations and cited the Minnesota Safety Council. John Simola explained that the membership helps out with the City's safety program and are a resource for items relating to safety. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS FOR MACH. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Items: Dundas Road: Glen Posusta asked about the sign for Dundas Road. Bret Weiss indicated that the sign had been discussed but the Council never authorized it. Since there was a cost it would have to be determined who would pay for it. Bret Weiss thought the cost would be about $500 or Bret Weiss said he will bring this information back at the next meeting. Cedar Street: Bret Weiss indicated that the final lift on Cedar Street will be completed this year. Wastewater Treatment Plant: Glen Posusta suggested that some kind of plantings should be done around the WWTP. Clint Herbst suggested doing that around the lift station on Chestnut as well. Johns Simola stated that the lift station is proposed to be dug up and re -directed to go toward River Street so he suggested waiting with the landscaping until after that is done. 14 Council Minutes — 3/14/05 Methamphetamine: Wayne Mayer noted the methamphetamine program is schedule for Tuesday March 15th at 7 p.m. Territorial Road Update: Wayne Mayer noted that a letter had been sent out by St. Henry's regarding the vacation of Territorial Road. Tom Scott updated the Council saying he hoped that by the next Council meeting he would have a proposed agreement from the railroad. The railroad has agreed in exchange for moving the crossing to accommodate the Ryan Companies development they would close the railroad crossing at Territorial Road. They would allow up to 3 years before the crossing would be closed. What remains is to get the new access across St. Henry's. Current access could only serve Busch and Jamesons. He added that he has not seen the actual agreement from the railroad. The agreement does not eliminate the need for the access it just means it doesn't have to be done immediately. Glen Posusta asked why the road access can't be parallel to the railroad and come out on the Busch side. Bret Weiss said it could be done that way but it makes it more difficult and it is not a good access point for usage of the road. He added that the zoning out there could allow up 120 units on the site which would aggravate the situation. Bret Weiss says the issue has to be resolved prior to the property getting approval that would allow substantial residential density. Clint Herbst stated he met with Ted Holker regarding money the City owes him for crop damage. He felt the payment should be made without tying it to the temporary easement that is needed from Mr. Holker. Wastewater Treatment Plant: John Simola summarized the workshop session held earlier and noted that it is estimated that by 2015 the City's population would be 22,800. The projected growth will have significant impact on the city's WWTP facility. The City needs to look at the issue of biosolids handling and study options to provide for that as well as look at the next expansion for the plant. In discussing biosolids handling, the City wanted to investigate ATAD and heat drying. John Simola also asked the Council to authorize expenditure of $3,500 to investigate a regional facility where the City would haul waste to have it processed as a Class A biosolid. The staff would also like to have authorization to further study the ATAD and heat drying options for the biosolids. Clint Herbst said he would was not excited about doing a regional project. Tom Perrault asked what the time table was for the regional facility. John Simola stated four communities had gotten together to look at this option rather than each community constructing their own facility for biosolids. Clint Herbst felt the long term need is to find land for biosolids application or add some process to the plant to take care of it. The consensus of the Council was to have Bolton & Menk come up with an estimate of cost for a feasibility report to study the two options and not authorize any funding to investigate a regional facility. 17. Adiourn. GLEN POSUSTA MOVED TO ADJOURN AT 10:10 P.M. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. f t; s Recording Secretary 15