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