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City Council Minutes 09-11-2006MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday September 11, 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 August 28, 2006 regular Council meeting. Tom Perrault noted typographical corrections on pages 7 and 8 and added in 2A approval of the minutes that he was opposed to the constitutional amendment for dedicating MSVT funds because at least 40% of the funds would go to public transportation TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE AUGUST 28,2006 REGULAR COUNCIL MEETING WITH THE CORRECTIONS NOTED. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Brian Stumpf added discussion of trail/pathway map and update on TH 25 traffic study. City Administrator Rick Wolfsteller noted the upcoming LMC regional meeting on September 28, 2006 hosted by the City of Monticello. Clint Herbst reminded the Council of the celebration in honor of Monticello's 150th birthday being held at Ellison Park on September 16, 2006. Tom Perrault informed the Council of the death of the wife of Representative Bruce Anderson. There was a moment of silence in remembrance of the events that took place on 9/11. 4. Citizen comments, petitions, requests and concerns. No one spoke under citizens comments. 5. Consent Agenda: A. Consideration of ratifying hires and departures MCC, Parks, Water and Streets. Recommendation: Ratify the hires and departures as identified. B. Consideration of adopting a resolution correcting legal description for vacated Old Territorial Road. Recommendation: Adopt the resolution correcting legal description for vacated portion of Old Territorial Road. Resolution No. 2006-72. C. Consideration of deferral of special assessment for Outlot B Spirit Hills (155-152- 000020). Recommendation: Adopt the assessment for Outlot B of Spirit Hills (155- 152-0020) in the amount of $18,254.75 for storm sewer improvements and approve the deferment of said assessment until such time as Outlot B develops or until June 1, 2011. D. Consideration of approving temporary liquor license for a wine tasting event on November 17, 2006 for Hi -Way Liquors. Recommendation: Approve a temporary liquor license for Hi -Way Liquors for their wine tasting event on November 17, 2006. E. Consideration of approving final payment and accepting improvements for Parking Lot Improvements to Pioneer Park and Monticello Public Library, Project No. 2004-32C. Recommendation: Accept the improvements and approve the final payment of $4,519.38 to Buffalo Bituminous, Inc. for Project No. 2004-32C, Parking Lot Improvements. F. Consideration of approving final payment and acceptance of work for Hillside Farms Storm Sewer Outlet, City Project No. 2004-07C. Recommendation: Authorize final payment in the amount of $19,146.95 to Schluender Construction, Inc. for the Hillside Farms Storm Sewer Outlet Project, City Project No. 2004-07C subject to receipt of the final paperwork. G. Consideration of adopting a resolution approving the plans and specifications for the CSAH 18 roundabout at Meadow Oak Avenue, (City Project No. 2004-01 Q. Recommendation: Adopt a resolution approving the plans and specifications for the construction of a roundabout at CSAH 18 and Meadow Oak Avenue. H. Consideration of approving Change Order No. 5 for the CSAH 18/I-94 Interchange Project — Construction of the roundabout at Meadow Oak Avenue, City Project No. 2004-01 C. Recommendation: Approve Change Order No. 5 to R.L. Larson Excavating, Inc in the amount of $557,783.43 for construction of the roundabout at Meadow Oak Avenue (City Project No. 2004-1C). I. Consideration of approving Cooperative Highway Improvement and Maintenance Agreement between the County of Wright and City of Monticello for CSAH 18 and Meadow Oak Avenue Roundabout. Recommendation: Approve the Cooperative Highway Improvement and. Maintenance Agreement for the proposed roundabout at CSAH 18 and Meadow Oak Avenue. J. Consideration of a request for a conditional use permit for open and outdoor storage in an I-2 District. Applicant: AME, Inc. (AVR). Recommendation: Approve the conditional use permit for AVR to allow for open and outdoor storage based on a finding that the proposed use is consistent with the intent of the I-2 District and that the conditions for approval have been met. K. Consideration of acceptance of improvements for Timber Ridge Development, Additions 1-3, City Project Nos. 2002-03P, 2004-17P and 2005-23P. Recommendation: Accept the public improvements for the Timber Ridge Development. L. Consideration of approving plans, specifications and advertising for bids for parking lot and hardcourt for Groveland Park, City Project No. 2006-27C. Recommendation: Approve the plans and specifications and proceed with the project for the parking lot and hardcourt for Groveland Park, City Project No. 2006-27C. M. Consideration of accepting bid for Pioneer Park play structure. Recommendation: Approve the plans, specifications and bid from the Minnesota/Wisconsin. Playground System for a play structure at Pioneer Park. Items #5H, #5J and #5L were removed from the consent agenda. GLEN POSUSTA MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #511, #5J AND #5L. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANI.MOUSLY. 6. Consideration of items removed from the consent a enda for discussion #5H, Change Order No. 5 for the CSAR 18/I-94 Interchange Project relating to construction of the roundabout at Meadow Oak Avenue. Consulting Engineer, Bret Weiss provided an update to the Council on the change order. The City has been working with the County, MnDOT and Federal Highways to get approval for the roundabout at Meadow Oak Avenue. The initial cost estimate was $400,000 but the change order price is $557,783.43. He noted that increase in bituminous prices added $75,000 to the cost of the project and there were other items such as concrete work. He noted that construction of a roundabout is not a typical construction project. Bret Weiss expects that the interchange project may come in $50,000 less than estimated so that could be used to offset the higher cost for the roundabout. The Council can proceed with the change order or they can bid the construction of the roundabout as a separate project. He stated there is no assurance that bidding it as a separate project will result in a lower price. If it is bid as a separate project, it is unlikely that the work would be completed this year. Glen Posusta asked if any of the cost of the roundabout could be assessed. Bret Weiss responded that Shawn Weinand had agreed to pay $50,000 towards the roundabout. The other development agreements with adjacent property owners did not include this cost Wayne Mayer asked WSB to explain to the residents watching from home, what the County Engineer is attempting to do by obtaining a force account agreement and what these signatures are dependent upon. Bret Weiss stated that in the County's State Aid funding in order to receive credit for local efforts the resolution needs to be adopted. He pointed out that the City will be paying the $550,000 in cost but the County will be submitting it to the state for MSA credit. Clint Herbst asked if the County would forward the state aid funding received to the City. WAYNE MAYER MOVED TO APPROVE CHANGE ORDER NO. 5 FOR THE CSAH 18/I-94 INTERCHANGE PROJECT RELATING TO THE CONSTRUCTION OF THE ROUNDABOUT AT MEADOW OAK AVENUE, CITY PROJECT NO. 2004-01 C IN THE AMOUNT OF $557,783.43 TO R. L. LARSON EXCAVATING, INC. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5J Conditional use permit for open and outdoor storage in an I-2 District (AVR). Brian Stumpf was concerned about what was going to be stored outdoors. The area designated on the plan at the northwest corner of the site would be used for temporary storage of materials used in the making of their aggregate. Brian Stumpf stated the storage area should be finished and not a grassed in area. The area will be screened and does meet the standards for outdoor storage in an I-2 District. BRIAN STUMPF MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR OPEN AND OUTDOOR STORAGE FOR AVR BASED ON A FINDING THAT THE PROPOSED USE IS CONSISTENT WITH THE INTENT OF THE I-2 DISTRICT AND THAT THE CONDITIONS FOR APPROVAL HAVE BEEN MET. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5L Plans and Specifications for parking lot and hardcourt for Groveland Park. Glen Posusta asked if a public hearing had been held on this project. It was noted that the project would be funded from budgeted funds and not assessed. Glen Posusta felt the improvement should not be done without the property owners in the area being notified. Seth Nelson stated that when the plan for Groveland Park was developed, an informational meeting was held to get comments on the development plan. In addition there was a public hearing conducted by the Parks Commission when the City applied for a grant for the parking lot and hardcourt and there have been a number of surveys conducted on what the residents want to see in this park. Clint Herbst suggested that an informal meeting be held before the next Council meeting and the Council could then act on the matter. TOM PERRAULT MOVED TO TABLE THIS UNTIL NEXT COUNCIL MEETING WITH AN INFORMATIONAL MEETING TO BE HELD PRIOR TO THE COUNCIL MEETING WITH APPROVAL OF THE ITEM TO BE CONSIDERED EITHER AT THE REGULAR MEETING OR AT THE INFORMATIONAL MEETING. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Public Hearing on proposed 2006 Street Lighting Improvements, Project No. 2006-25C and Phase II of Pedestrian Safety Improvements for School Boulevard, Project No. 2006-26C; order street lighting improvements and authorize preparation of proposals for submittal to utility companies for design build; and authorize preparation of plans and specifications for Phase II of Pedestrian Safety Improvements for School Boulevard Public Works Director, John Simola provided background information on the lighting portion of the public hearing. Rectilinear fixtures are being proposed for the lighting projects under consideration. The base of the fixture is screwed in not cemented with the poles being 25'-30' in height. Project #1 provides street light on School Boulevard East from Edmonson Avenue East to Fenning Avenue. 25 lights are being proposed at an estimated total project cost of $315,000. The only portion that is assessable is the school district property. The City will end up picking up the major portion of the project cost. Project #2 covers street lighting for Chelsea Road from 901h Street to CSAH 39 and on Dalton Avenue. 18 fixtures are being proposed at an estimated project cost of $198,600. With the City being the primary property owner in the area they would be picking up a good portion of the cost although the properties on the north side of Chelsea Road would be assessed. Glen Posusta questioned whether it made sense to have lights installed when there was only one business presently located in the area. John Simola responded that economics was the primary consideration as it was more expensive to install the street lighting system in a piecemeal fashion. Clint Herbst suggested that with the street lights in place it will make the industrial park more marketable. There was some discussion on the cost of the project and the limited number of properties that could be assessed for it. Clint Herbst asked if the City could bond for street lighting and City Administrator, Rick Wolfsteller indicated they could. Even if the City established a franchise fee with the electric utility company, the City would still have to do interim funding for the project but would be paid back from the franchise fees collected. Glen Posusta asked on the School Boulevard project if it was proposed to light just the road and not the bike path. John Simola stated the lighting was for the road only. Glen Posusta suggested there be two lights on the pole one for the street and one for the pathway. Because of the heavy pedestrian and bike use on the pathway he felt lighting the pathway was necessary. John Simola stated the additional lights would increase the cost considerably and it would also have to be verified that the pole and fixture set up would accommodate another light. Tom Perrault asked about the cost of operation for the lights. John Simola stated it would be bid as part of the project but on the last project the maintenance rate was $13.80/month including fixtures, brackets, poles and wiring. Electric cost for the light is $2-$3/month. Project #3 covers 7th Street East from Washington Street to the east side of the St. Benedict's driveway. There was discussion on the amount of assessable land within the project area. The question of non -assessable property and who picks up the cost was raised. Is it rolled back into the total cost and spread among the assessable property or does the City pick up the portion of the cost that is not assessable. John Simola stated he didn't look at what portion of the church property could be assessed. Bret Weiss stated the City needs to discuss this matter with the church in further detail summarizing all the issues relating to the street lights and the Fallon Avenue improvements. Project #4 covers 7th Street East from St. Benedict's and Highland Way with three lights being proposed for Highland Way and six lights for 7th Street at an estimated cost of $95,676. It was noted that Ryan Development had placed three parking lot lights on Highland Way. Normally the development agreement specifies that the developer is responsible for street lighting on all the streets within the development. There was lack of clarity in the Ryan Company Development agreement and taking the written document literally they provided a light at the intersection of 7th Street and Highland Way. One-third of the project will funded by Ryan Companies and another one-third will be saved if the existing parking lot lights can be utilized. Bret Weiss then gave a presentation on the pedestrian safety improvements proposed for School Boulevard. These improvement include pathway extension from Country Avenue through the Cardinal Hills development, a pathway connection between the two crosswalks by the high school and Little Mountain Elementary School and a pathway connection between two properties in the Cardinal Hills development. It is also proposed to make the existing bumpouts permanent and to install a pedestrian flasher signal at one of the two bumpout locations. The estimated cost for these improvements is $191,000. Mayor Herbst opened the public hearing. Linda Barthel, 5401 Falcon Avenue and Philip Frederick, 5400 Falcon Avenue spoke to the Council concerning the pathway between School Boulevard and Falcon Avenue. They felt it is unsafe to have a pathway between the two homes and are concerned about the proposed fence between the two ponds. City Engineer, Bruce Westby indicated that the fencing proposed would be a split rail type fence and is meant to provide a barrier before hitting the pond. There was discussion on the construction of the pond and whether a safety bench could be put into an existing pond. Bret Weiss indicated it could probably be done but it would be costly. Mr. Frederick was concerned that the sidewalk would be used as a ramp for skateboarding or bikes. He noted on a previous occasion when this pathway was discussed by the City he had gotten other residents to sign a petition in opposition to the proposal. He suggested that the pathway be located at the crosswalk at Eider Lane or Pelican Lane and to put a fence around the pond area to keep the kids out. Clint Herbst asked what the reason was to locate the pathway between the two homes. John Simola stated that was the area where the kids were crossing. Bret Weiss stated there was some concern about putting a crosswalk at a location where the driveways were coming out on to it. The school preferred the location that was being proposed. Brian Stumpf stated the City has to worry about what the general public wants. The peak times for users of the intersection. is the same time children would be using the crosswalk. Mr. Frederick and Ms. Barthel reiterated their concerns about the safety of a pathway in this location and having a hard surface between the two ponds. Mayor Herbst closed the public hearing. Brian Stumpf suggested that the City should visit with the school regarding the pedestrian improvements and that thelA portion of the project (pedestrian safety improvements) be held off. Brian Stumpf asked where would the funds be coming from to finance the improvement on the Chelsea Road project. Clint Herbst responded stating this is an example of where franchise fees come into play. The City would fund the initial cost with a bond and reimburse itself for the cost of the bond issue through the franchise fee. Glen Posusta said he had a hard time approving this without lighting the pathway on School Boulevard. Wayne Mayer felt the #1 and #lA (street lighting and pedestrian safety improvements on School Boulevard) deal with pedestrian safety and the Council should take care of this. Projects #24 could be delayed. Wayne Mayer suggested doing further study on #1 and #lA including the cost of lighting the pathway on School Boulevard and bring it back at the next meeting. John Simola indicated he would not have the information ready until the October 9th meeting. The Council indicated that even if it was not an exact plan they wanted the information for the meeting on September 25, 2006. Tom Moores will work with Bruce Westby to get this information ready for the September 25th meeting. Tom Perrault stated he was not in favor of the sidewalk between the two homes and felt the sidewalk on School Boulevard need more illumination. He also felt the street lights on Chelsea Road would make the City's industrial park more marketable and that the other projects could be delayed until next year. BRIAN STUMPF MOVED TO DO FURTHER STUDY ON PROJECTS #1, #1A AND #4 AND TO COME BACK TO THE COUNCIL WITH A RECOMMENDATION. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Consideration of accepting feasibility report for sidewalk improvements on 6th Street from Locust Street to Elm Street. Brian Stumpf brought up why no public hearing was being scheduled for this project. He felt there should be some kind of notification before the City proceeds with this project. It was noted at this time the Council is just being asked to accept the feasibility report. City Engineer, Bruce Westby reviewed the feasibility report with the Council. He stated that on May 8, 2006 and June 12, 2006 the Council had discussed the pedestrian safety needs in this area and the feasibility report was the result of Council direction. The report proposes construction of a sidewalk along the north side of 6th Street from Locust Street to Elm Street and also along the west side of Elm Street from 6th Street to County road 39. Glen Posusta felt the sidewalk should be on the east side of Maple Street because of the presence of the school. Wayne Mayer understood the Council's direction was to put the sidewalk on 5th Street. Bruce Westby stated the Council had approved having staff work with the Swan River School and asked if the Council wanted to see sidewalk along 5th Street. The Council indicated if nothing is done on 5th Street then the City should look at doing something on Maple Street. Clint Herbst felt by installing these improvements for the Swan River School other schools will request similar improvements. Brian Stumpf said it was important to finish the segments of sidewalk from Minnesota and Elm Street. Anything else would be above and byond. Wayne Mayer asked if there is sidewalk on 5th Street by Swan River School and is the sidewalk on the school side. Bruce Westby stated this study covers only improvements to the grid system. Council had indicated that they wanted something in the way of improvements for the school along 5th Street. Bruce Westby said there is room to construct sidewalk on the north side of 5th Street. There are two issues here; the traffic from the school and the traffic from the residents in the area. Bruce Westby indicated one other item in the feasibility study was a trail along the railroad corridor. In the area from Vine Street to County Road 39 the City would have to work with the railroad to put the trail system in. If it is east of Minnesota Street, the City can override the property owner and install the trail. Tom Perrault stated he would like to see the pathway in this area delayed until the Ruff's Auto property is redeveloped. John Simola stated the proposed improvements would be put together and bid over the winter for a project to be constructed in the spring. BRIAN STUMPF MOVED TO ACCEPT THE FEASIBILITY REPORT AND TO CONTINUE TO WORK WITH THE RAILROAD ON THE PATHWAY AND UNDER A DIFFERENT STUDY LOOK AT THE VARIATIONS AS DISCSSUED AND CONDUCT AN INFORMATIONAL MEETING. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. 9. Consideration of extending development time frame with Mike Krutzig on Lot 2, Block 1 Jefferson Commons First Addition. Clint Herbst stated he had met with Mike Krutzig regarding the development of this property and he felt the developer was making the effort to get the property developed. Wayne Mayer asked what the going price was for the land. Rick Wolfsteller indicated that City was paid for the property and if the City did purchase it back could the City market it any better. Wayne Mayer said if the land is below market value then it may be better for the City to purchase it back otherwise he felt comfortable with extending the time frame of the agreement. Brian Stumpf felt in the future the City should look at some different type of guarantee as far as development. GLEN POSUSTA MOVED TO APPROVE AN AMENDMENT TO THE DEVELOPMENT CONTRACT GRANTING AN ADDITIONAL TIME FRAME TO AUGUST 1, 2007. TOM PERRAULT SECONDED THE MOTION. Rick Wolfsteller noted the current agreement includes City approval of sale the land by Krutzig without the land being developed. GLEN POSUTA AMENDED HIS MOTION TO INCLUDE THAT SAME TERM. TOM PERRAULT SECONDED THE AMENDED MOTION. MOTION CARRIED UNANIMOUSLY. 10. Department Head Activity Report — Verbal report with background information included in agenda packet. Gary Anderson Chief Building Official Gary Anderson, Chief Building Official, updated the Council on his department's effort on violations relating to blight/nuisances. He noted 312 notices were issued for blight violations and gave a breakdown on how they were resolved. Gary Anderson appreciates the fact that with a building department at full staff, they have the manpower to work on the violations. He stated that with the violation notices, word of mouth was very effective. When one property owner received a violation notice the word got around and other property owners would take steps to avoid getting a notice. He stated that getting a blight violation corrected can be a lengthy process but stated it is important for those who see the violations to report them to the City. Gary Anderson also reported on the building activity stating that the number of permits is up but the value of the work is down. He noted that the builders and developers are not pulling permits for homes/townhomes until they know they have a buyer. Added Items: Trail Maps: Brian Stumpf was contacted by a resident who felt the City's trails were poorly marked. It was suggested that the present trail map be updated. TH 25: Brian Stumpf asked what the status was on the study for traffic on this road. Bruce Westby stated they have met with MnDOT and staff has been discussing some modifications that could be made. MnDOT will be taking traffic counts along TH 25 by the end of the month. There has been discussion on three crossings on TH 25. Brian Stumpf brought up a problem in trying to make a left turn from 4th Street to go into 1 st Minnesota Bank or Moon Motors and asked that it be looked into. 11. Approve payment of bills for September. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF BILLS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Adjourn. The meeting was adjourned at 9:30 p.m. Recording Secretary