City Council Minutes 09-25-2006Council Minutes: 9/25/06
MINUTES
REGULAR MEETING — MONTICELLO CITY COUNCIL
Monday September 25, 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.
2A. Approve minutes of September 11, 2006 regular Council meeting.
Tom Perrault stated under approval of the minutes it should read, "at least 40% of the funds
would go to public transportation." Wayne Mayer made a change to the language in the third
paragraph under Item #6 to read, "Wayne Mayer asked for an explanation of the resolution that
the City was requested to approve."
GLEN POSUSTA MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 11, 2006
REGULAR COUNCIL MEETING WITH THE CHANGES NOTED. WAYNE MAYER
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
2B. Approve minutes of September 11, 2006 Special Council meeting.
Tom Perrault stated his vote in opposition to approving the preliminary budget and tax levy was
because he did not believe in the concept of the franchise fee for street lighting.
WAYNE MAYER MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 11, 2006
SPECIAL COUNCIL MEETING. GLEN POSUSTA SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
2C. Approve minutes of September 13, 2006 Special Council meeting.
WAYNE MAYER MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 13, 2006
SPECIAL COUNCIL MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
3. Consideration of adding items to the agenda.
Glen Posusta suggested adding agenda item #11, Approving Plans and Specifications and
Advertising for bids for improvements at the Groveland Park to the consent agenda. He noted
that there was only one person in attendance at the informational meeting on the Groveland Park
Improvements held on September 21, 2006.
BRIAN STUMPF MOVED TO PLACE AGENDA ITEM #9, AWARD OF CONTRACT FOR
EXTENSION OF DALTON AVENUE, DALTON WAY AND DALTON COURT TO THE
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CONSENT AGENDA AND TO ADD AGENDA ITEM #11, APPROVING PLANS AND
SPECIFICATIONS AND ADVERTISING FOR BIDS FOR PARKING LOT AND
HARDCOURT IMPROVEMENTS FOR GROVELAND PARK. TO THE CONSENT
AGENDA.
Other items added to the agenda were: 1) Discussion of the proposed 2007 levy; 2) The 2006
Core Street Reconstruction Project; and 3) Employment agreement for City Administrator
position.
4. Citizen comments, petitions, requests and concerns.
No one spoke under citizens comments.
5. Consent Agenda:
A. Consideration of ratifying hires and departures MCC, Water and Streets.
Recommendation: Approve hires and departures as identified.
B. Consideration of approving request for charitable gambling license for Wright County
Ducks Unlimited for November 16, 2006 at Jala Penos. Recommendation: Adopt a
resolution authorizing the State Gambling Control Board to issue the charitable gambling
license to Wright County Ducks Unlimited to conduct charitable gambling activities at
Jala Peno's on November 16, 2006. Resolution No. 2006-74.
C. Consideration of a request by Crostini Grille to extend the time frame for the patio
enclosure to encroach into the right of way. Recommendation: Consider extending the
time frame of the license agreement to cover the holiday period.
D. Consideration of appointing election judges for the November 7, 2006 general election.
Recommendation: Appoint the following election judges for the November 7, 2006
general election: Gregory Ashfeld, Gladys Bitzer, Joan Bondhus, Ron Broekemeier, Janet
Bromberg, Edith Custer, Rosemary Dahl, Mary Daniels, Agnes DeMarais, Kristi
DeMarais, Richard Doucette, Jamie Fisher, Kaye Gauthier, Lynnea Gillham, Jan Irvine,
Harvey Kendall, Lori Kraemer, Florence Mayer, Arlene McIntire, Judy Moody, Merrijo
Nesland, Richard Quick, Jeanette Smith, Randy Smith, Darlene Solberg, Rita Soltau,
Patricia Ann Sonju-Thielman, Opal Stokes, Sandy Suchy, Diane Wefel and Lorraine
Wolff.
E. Consideration of modification to the Otter Creek Crossing 3rd Addition Plat.
Recommendation: Adopt a resolution approving the modified final plat of the Otter
Creek Crossing 3rd Addition.
F. Consideration to ratify the EDA approval of GMEF Loan No. 025 and the Loan
Agreement (Business Subsidy Agreement) between the EDA and Karlsburger Foods, Inc.
Recommendation: Ratifying the EDA approval of GMEF Loan No. 025 for
Karlsburger Foods, Inc. is consistent with the GMEF Guidelines and approving the
Business Subsidy Agreement within the Loan Agreement between the EDA and
Karlsburger Foods, Inc.
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G. Consideration of an amendment to Chapter 11 of the Monticello Zoning Ordinance
regulating the B-1 (Neighborhood Business District.) Recommendation: Adopt an
amendment to Chapter 11 of the Monticello Zoning Ordinance regulating the B-1
(Neighborhood Business) District
H. Consideration of a request for rezoning from R-2 (Single and Two Family Residential) to
B-1 (Neighborhood Business) for 530 West Broadway. Applicant: David
Thielman/Gateway Music Festivals. Recommendation: Approve an ordinance
amendment rezoning 530 West Broadway from R-2 to B-1 based on a finding that the
proposed use is consistent with the character of the surrounding area and the intent of the
Comprehensive Plan, subject to the conditions that any future tenant must obtain a
conditional use permit prior to operation, in compliance with the amended ordinance.
I. Consideration to correct formal record by rescinding a motion to approve a conditional
use permit for drive-through facility for Broadway Market with conditions to redesign a
drive-through and approving a motion to approve a conditional use permit for a drive-
through facility with no conditions. Recommendation: 1) Move to rescind the August
28, 2006 approval of the conditional use permit for a drive through facility with the
following conditions: a) The parking lot shall be modified to include an access lane to the
west side of the parking lot and the drive through entrance. Said drive lane shall be
delineated with curbed islands and contain directional signage; b) The entire north side of
the drive lane for the drive through shall be curbed to create stacking space for six
vehicles and c) The island south of the pre -menu board shall be removed to allow room
for a passing lane around the drive through; and 2) approve a conditional use permit with
no conditions for a drive through facility for Broadway Market, based on a finding that
the proposed use is consistent with the intent of the PZM District.
J. Consideration of authorizing preliminary survey and feasibility study relating to
reconstruction of Chelsea Road between Fallon Avenue and County Road 18.
Recommendation: Authorize the feasibility report, topographic survey and soil borings
for the reconstruction of Chelsea Road from CSAH 18 to Fallon Avenue, City Project
No. 2006-31 C.
K. Consideration of award of contract for extension of Dalton Avenue, Dalton Way and
Dalton Court, City Project No. 2006-15C. Recommendation: Approve the award of a
contract to R.L. Larson Excavating, Inc. in the amount of $1,003,560.02 including
Alternate #1 for City Project No. 2006-15C the extension of Dalton Avenue, Dalton Way
and Dalton Court.
M. Consideration of approving plans and specifications and advertising for bids for parking
lot and hardcourt improvements for Groveland Park, City Project No. 2006-27C.
Recommendation: Approve the plans and specifications for the parking lot and
hardcourt for Groveland Park, Project No. 2006-27C and authorize advertising for bids
for the improvement.
Items #5C, #5G, #5H and #5I were removed from the consent agenda for discussion.
BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEMS #5C, #5G, #5H AND #5H AND THE ADDITION OF AGENDA ITEM
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#9 AS #5L AND AGENDA ITEM #11 AS #5M. TOM PERRAULT SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
6. Consideration of items removed from the consent agenda for discussion.
#SC: Request by Crostini Grill for extension of time frame for license agreement for
encroachment into right of way: Bob Hellman from Crostini Grille indicated they would like to
keep the patio structure up year round and remove the skirting. The only part of the structure
that would remain up would be the poles and the roof. It is their plan to use the structure for
various activities over the holiday season (Thanksgiving through New Years). There is 8 Meet
of sidewalk beyond the patio structure. Glen Posusta noted his concern about whether the
structure was designed to handle a snow load and because of the structure's slanted roof if there
was any danger of snow sliding off the roof onto the sidewalk. Bob Hellman indicated the
structure was built for a snow load and he didn't anticipate the slope of the roof was so great as
to cause the snow to slide off. Wayne Mayer stated while initially he was skeptical of having the
patio structure encroaching into the right of way, it seems to have worked out well. He did
caution that they would need to monitor the snow plowing in the area for snow being thrown up
in the sidewalk area.
WAYNE MAYER MOVED TO EXTEND THE TIME FRAME FOR THE LICENSE
AGREEMENT WITH CROSTINI GRILLE THROUGH THE HOLIDAY PERIOD WITH THE
UNDERSTANDING THAT THEY WILL SIGN AN AGREEMENT INDICATING THE CITY
WOULD NOT BE HELD LIABLE FOR ANY POTENTIAL DAMAGE AS A RESULT OF
SNOW REMOVAL AND ALLOW THE STRUCTURE TO REMAIN WITH SKIRTING
REMOVED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
#5G Ordinance Amendment for Chapter 11 of the zoning ordinance regulating the B-1
(Neighborhood Business) District: Kimberly Holien from Northwest Associated Consultants
reviewed the proposed ordinance amendment. The B-1 District allows for commercial use
embedded in a residential district to service the surrounding neighborhood. However the
Planning Commission did not feel that in a small community a business would only be serving
the immediate neighborhood. The City currently has one B-1 site.
Wayne Mayer questioned the chapter and sections of the ordinance that were referenced in the
amendment. Kimberly Holien noted the references were general and that they could be
eliminated from the ordinance if that was what the Council wanted. City Attorney, Tom Scott
concurred that the ordinance amendment didn't have to reference a particular section.
Clint Herbst stated he was not in favor of any business in a residential neighborhood. The
proposed ordinance came up in the Planning Commission's consideration of a request for the
property at 530 West Broadway. The property which is used as a business is currently a legal
non -conforming use. Any new use of this site would require a conditional use permit.
TOM PERRAULT MOVED TO APPROVE THE AMENDMENT TO CHAPTER 11 OF THE
MONTICELLO ZONING ORDINANCE WITH THE CHAPTER AND SECTION
REFERENCES REMOVED REGULATING THE B-1 (NEIGHBORHOOD BUSINESS)
DISTRICT. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
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#5H Rezoning request from R-2 to B -I for 530 West Broadway: Kimberly Holien noted if the
Council approved the rezoning request it would be under the parameters of the approved
ordinance amendment. Kimberly Holien reviewed the staff report noting that at the public
hearing held by the Planning Commission the concern was raised that this was spot zoning. The
B-1 designation is kind of spot zoning. The only condition on the site is that the parking lot be
improved if the property is used for a commercial purpose. As it currently exists the parking lot
has no striping or delineation. As long as the present use remains, no additional conditional use
permit is required but any change in use would require a conditional use permit.
Clint Herbst didn't feel business uses should be occurring in the residential areas. This
property's previous use was that of a funeral home and its present business use is less intense
than the funeral home. It was thought if the business use ceased, the building most likely would
be converted to a duplex. Glen Posusta questioned if adjacent property owners had been notified
of the proposed zoning change and staff indicated they were.
Wayne Mayer noted in the staff report it stated that the applicant was proposing to relocate his
business and was requesting rezoning of the site so he could market the property. Wayne Mayer
stated he didn't feel comfortable with rezoning property to help somebody market it. He felt it
would be more appropriate that when the property was sold the new owners would come before
the Council to request the rezoning. Clint Herbst stated his concern is what is happening with
the properties adjacent to this site. He would like to have the applicant come in for a conditional
use permit so residents know what is coming in rather than having the property rezoned first and
then a different locates to the site.
BRIAN STUMPF MOVED TO DENY THE REQUEST FOR REZONING FROM R-2 TO B-1
FOR 530 WEST BROADWAY BASED ON A FINDING THAT THE PROPOSED USE IS
NOT CONSISTENT WITH THE INTENT OF THE COMPREHENSIVE PLAN. WAYNE
MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
In additional discussion, Jeff O'Neill noted that with the R-2 zoning you cannot get a conditional
use permit. Clint Herbst felt the commercial use presently there would make other adjacent
property owners also request rezoning. Tom Perrault thought it likely that more of the residential
along Broadway will be converted to commercial uses. Brian Stumpf stated the reason he is not
in favor of rezoning is because it is being rezoned to market the site.
#5I Conditional Use Permit for Broadway Market (Steiner Development): Wayne Mayer
asked that the item be paraphrased to make it less confusing. Jeff O'Neill stated there were some
modifications to the plan. The previous approval was with the developer being able to
determine how to configure the drive through layout. Jeff O'Neill said there was additional staff
study of it
Wayne Mayer asked about the two-way traffic coming from the O'Ryans area and if it runs
parallel with CSAH 75. If so when the traffic comes to what appears has a hook on the plan is
there still sufficient room for two way traffic. It was stated in the section of the plan where it is
signed "Do Not Stand" that island needs to be removed to allow for drive through. Some
parking spaces along CSAH 75 would be removed for a parking lane. The plan was short on
parking stalls but the applicant did apply for a conditional use permit for joint parking.
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GLEN POSUSTA MOVED TO RESCIND THE AUGUST 28, 2006 COUNCIL APPROVAL
OF THE CONDITIONAL USE PERMIT FOR THE DRIVE THROUGH FACILITY FOR
BROADWAY MARKET. BRIAN STUMPF SECONDED THE MOTION.
Lisa Diehl representing Steiner Development, 3610 TH 101, Wayzata asked for clarification on
the motion. The response was that 1) "Do Not Stand" area to be curbed off, 2) All drive through
traffic will be directed to the rear of the lot and 3) Bumpout be removed to allow for paving area.
Lisa Diehl stated after the Fire Chief bought forward a concern about fire trucks having full
access.. Angela Schumann told Jeff O'Neill that the developer was agreeable to the conditions
listed. Lisa Diehl said there apparently was a misunderstanding. She said they were in favoring
of signing it rather than combining it with other conditions. Brian Stumpf said he didn't want to
speak for the Fire Chief but personally he felt that would be the last place he would locate it and
make the trucks pass through the drive-through section. He felt another route would be safer.
Jeff O'Neill said if the summary was wrong they should go back and get it resolved. Glen
Posusta said a big problem was the bumpout. Wayne Mayer asked the reason for having the
bumpout and Lisa Diehl said it was to protect the trucks going through. Lisa Diehl suggested
changing the signing to direct this as one-way traffic flow. Kimberly Holien. noted there is a
"Trucks Only" sign on Hart Boulevard.
GLEN POSUSTA MOVED TO RESCIND THE MOTION TO RESCIND APPROVAL OF
THE CONDITIONAL USE PERMIT GRANTED ON AUGUST 28, 2006 AND TO TABLE
THIS MATTER UNTIL THE NEXT MEETING WHEN THE CONDITIONS RELATING TO
THE CONDITIONAL USE PERMIT CAN BE CLARIFIED. BRIAN STUMPF SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
8. Review of updated information for Street Lighting improvements on School Boulevard
from Edmonson Avenue to Fenning Avenue and 7th Street East from Washington Street to
St. Benedicts and Phase II of Pedestrian Safety Improvements for School Boulevard.
This item was moved up on the agenda to accommodate those present who wish to address the
item.
City Engineer, Bruce Westby stated at the last meeting the Council had requested additional
information concerning these projects be brought back at this meeting.
Lighting Project #1 covered street lighting on School Boulevard from Edmonson Avenue to
Fallon Avenue. The Council at the September 11, 2006 meeting expressed concern about the
lack of lighting on the pedestrian facilities along School Boulevard. Bruce Westby presented
three layouts for Council consideration. Layout #1 A provided lighting for the pathway by
adding light fixtures on the back side of the proposed poles and fixtures mounted on 14' poles
between the proposed street lights. A total of 17 street lights with the mounted light fixtures for
pedestrian lighting and 19 individual pedestrian lights would be installed under this plan. Plans
#1B and #1C covered the same area but with just a different street light layout. The Council
needs to determine what level of lighting they want on the pathway.
Clint Herbst asked about the difference in the number of lights on the plans but that cost
difference was not that great. Bruce Westby stated the costly part is not the light but the wiring.
The prices he submitted do not include maintenance costs. Glen Posusta believes the
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maintenance cost would be prohibitive and felt the project should be done without the
maintenance agreement. Glen Posusta felt lights 300'-350' apart was a ridiculous idea because
it wouldn't light up a sufficient area. He felt that distance might be okay for the streets lights
because they are staggered but he didn't think that it would work on the pathway. It was noted
that 300'-350' was the standard spacing for lights. Bruce Westby noted the previous design was
not approved by Great River Energy so the layout was revised and has been approved by Great
River Energy. Clint Herbst said the City's goal is to make the area safe, however he felt they
need to check out having the City maintain the lights.
Brian Stumpf asked where the money was coming from for these improvements. Bruce Westby
said the only area that could be assessed is the School District property and they are opposed to
any assessment. Brian Stumpf noted that the franchise fee is not effective yet so there would be
interim funding needed for the project. City Administrator, Rick Wolfsteller indicated the City
could pay for the improvements out of reserves and then reimburse the reserve fund from
revenue generated by a franchise fee.
Project #4 covered the street lights at 7th Street and Highland Way. No pedestrian lights are
proposed as part of this project. The major discussion at the last meeting was cost and funding
sources. Ryan Companies has agreed to contribute $30,000 of the $96,000 project costs. Clint
Herbst asked about dedication of the three lights which are not usable. Bruce Westby stated that
lights in question are not the design the City uses and therefore Xcel Energy would not maintain
them. The lights would also have to be re -wired because they are tied to the parking lot wiring.
Glen Posusta asked how this development got by without paying for lights for the entire area and
only installing three lights. Jeff O'Neill said there was a misunderstanding about the lights that
were needed. Tom Perrault felt the City should wait to see what the lighting needs are once
Target and that immediate area develops. Clint Herbst asked if the Ryan Companies expected the
lights to be installed immediately. Brian Stumpf felt the most important thing was to get the
pathway along School Boulevard taken care off. If the City moves ahead with the project Ryan
Companies would pay $30,000. Brian Stumpf said the City should check with Ryan Companies
to see if the funding would still be available if the street lighting was not installed until April.
Brian Stumpf felt the City should hold off on Highland Way but proceed with School Boulevard
using Layout # 1 A.
Phase II of the pedestrian safety improvements for School Boulevard were discussed. The
improvements include construction of two bituminous paths on the south side of School
Boulevard between Country Avenue and Farmstead Avenue and between the two mid -block
crossings on School Boulevard including a concrete walk between School Boulevard and Falcon
Avenue. The project also includes making the temporary bumpouts permanent, construction of
pedestrian curb ramps and a pedestrian flasher signal. There was discussion on the location of
the crossing. Bruce Westby thought it might more appropriate to have the crosswalk at the
intersection. At the last meeting it was requested that staff talk with the School District. The
School District is supportive of the improvement but didn't want to be assessed for the
improvements. Residents are opposed to concrete sidewalk between Falcon Avenue and School
Boulevard and felt the mid -block crossing at Eider Lane would be safer for the children. Bruce
Westby did not recommend a crosswalk at this location. Clint Herbst said at least with the
crosswalk at the intersection you would have people stopping and starting whereas having the
crossing mid -block means people will have stopped at the stop signs and by mid -block would
have gotten up to a pretty good speed. The Council discussed the safety conditions on School
Boulevard and the question was raised why there were no turn lanes on School Boulevard. Glen
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Posusta felt it was something the City should look into. Bruce Westby felt there was sufficient
right of way to handle the addition of turn lanes. Glen Posusta suggested getting input from the
School District.
There was discussion on sources of power for the light. Power would come from 2-3 sources;
Edmonson Avenue and School Boulevard, Fallon Avenue and School Boulevard and Fenning
Avenue and School Boulevard. Brian Stumpf felt since it was getting late in the season and they
need to meet with the School District, they should hold off on this until all the issues are
resolved. Wayne Mayer asked which option would have least modification to wire size. Bruce
Westby indicated that would be Layout #IA.
TOM PERRAULT MOVED TO TABLE ACTION ON ALL LIGHTING AND PEDESTRIAN
SAFETY RPOJECTS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
10. Consideration to hear the findings of the Broadband Feasibility Study and to approve the
recommendation of the Fiber Optic Task Force.
This item was moved up on the agenda to accommodate members of the Optic Fiber Task Force
who were in attendance at the meeting.
Doug Dawson from CCG Consulting who did the feasibility study for broadband service gave a
presentation to the Council. He stated that they looked at the financial, engineering and legal
aspects to see if was feasible to have the City of Monticello provide fiber optics to its residents.
They did a telephone survey which he stated is reliable to 95% accuracy. The survey was sent to
270 households. 84% felt the City should provide cable, telephone, data access and 64%
indicated they would switch to the City if the City offered these services. Doug Dawson
reviewed other aspects of the survey noting that residents were more interested in cable TV.
While they did not survey businesses their firm did conduct telephone interview with a number
of them. The business owners were more interested in quality of service and fast response time
in solving a problem and residents were more interested in cost savings.
The study also identified why the community would benefit from having fiber optics. One area
of benefit was economic development. Craig Rapp from Springsted stated that broadband has
made significant impact on economic development. For each $1 invested in broadband there is
$3 in economic benefit. He talked about the community's vision as far as economic
development. Communities that use broadband as an incentive target IT companies. Other
areas of benefit include education, health care, improved city services and telecommuting.
Savings the residents would realize from utilizing the service would help stimulate the local
community and the profits that are realized by the entity providing the service would stay in the
community.
The network would be laid out by putting fiber in every street in town. When a person signs up
for service the fiber loop would be extended to that home. Doug Dawson reviewed the different
types of technology and the level of service it provides. Doug Dawson felt that 20 years out fiber
optics will still be the best technology.
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Doug Dawson went over revenue assumptions that were used in the study. The City would
provide a discount of 15% to their customers and each primary product would be enhanced. The
City would increase rates to compensate for increases in programming costs for cable TV.
Other rates (data and telephone) would not be increased. The City would offer everything as far
as products. The task force is recommending that City provide voice services but purchase the
switching from an outside vendor at least for now. If the City decides they would put in
switching the City would have to hold a referendum and get 65% approval.
As part of the study CCG Consulting looked at rates for the services. At the present time the
rates in Monticello for cable, telephone and data are among the highest.
Doug Dawson discussed the expenditures for the system. The largest expenditure would be the
programming. There is a cooperative of service providers (NCTC) National Cable TV
Cooperative. However at the present time there is a moratorium on new members so the city
would have to wait until the moratorium was lifted or find another cooperative. In addition there
would be cost for personnel. It is estimated 9 employees with technical skill would be needed to
run the system. The study also based expenditure cost on the city purchasing switching from an
outside provider.
Brenda Krueger from Springsted discussed the bonding required for the system. There would
be short term financing for the construction which would be about 18 months. There would be a
long term revenue bond running for 20 years which would finance the construction loan, interest,
two years of capital, capitalized interest making a total bond of about $23,000,000-$24,000,000.
In the early years the revenue would probably just cover operating costs until more residents
have signed up for the service but later years enough revenue should be generated to cover all
costs of the system.
Brian Stumpf asked if there were additional savings if the City could utilize any the fiber optics
TDS has in place. Doug Dawson said if the City could share other facilities, there would be a
cost savings. Mr. 011ig, from TDS indicated that their firm does have some fiber optics in place.
Doug Dawson indicated that this portion of the plan assumes the City is doing everything on
their own. However, he noted there are cities that have partnered with other providers within
their community.
Milda Hedbloom talked about the legal issues which include: 1) The authority of cities to engage
in telecommunication services. She stated the authority is inherent or implied authority. While
the power of the city do so is not specifically identified, no city who has entered into providing
the service has been challenged in court that they lack statutory authority to do so. The
telephone portion of the statute has some specific conditions. If a city wants to provide the
switching capability that must be approved through a referendum with 65% approval. Other
items she felt the city needed to consider was carrying out an education program to let residents
know what is being provided. She noted that there may be some issues with current providers
that may end up in legal action. She added that the LMC does provide insurance coverage for
this.
The recommendations of the task force were: 1) there are benefits to the community and its
residents by having the City build and operate a fiber network; 2) there are no legal impediments
to prevent the City from doing so; 3) there is a financing method in the revenue bond that would
keep taxpayers from being at risk by the city investment in a fiber network. Because of its size
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the City would need a larger amount of customers to make this work, at least 50%-55%. They
also recommended doing an education program which the Task Force would be responsible for.
Glen Posusta suggested that if residents had any questions regarding the fiber optic system, they
should contact the Council or there would be information on www.Monticellofiberoptic.com
The task force has a plan on how to carry the education program forward with the education
program to be done between now and December, assuming the Council moves forward.
Brian Stumpf asked that it be considered as part of the motion that City try to work with the local
providers such as TDS to reduce cost for the fiber optic system. Glen Posusta felt that would be
up to TDS. Wayne Mayer said it has been past practice for the Council to try to keep things on
a local basis and he didn't anticipate this would be any different.
GLEN POSUSTA MOVED TO PROCEED WITH A CITYWIDE BROADBAND FIBER
OPTIC NETWORK PROJECT FOR THE PROVISION OF TELECOMMUNCIATIONS
SERVICES BY THE CITY TO ALL ITS RESIDENTS AND BUSINESSES ON THE
CONDITION OF FINANCING SUCH SERVICES SOLELY BY REVENUES AND NOT BY
A TAX LEVY. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
7. Consideration of approving resolution declaring costs to be assessed; authorizing
preparation of assessment rolls and setting a public hearing date for the following projects:
Shibani Bisson from WSB & Associates reviewed the process for the assessment of the
construction projects. It is proposed to schedule the assessment hearings for these projects on
October 23, 2006 in order to meet the cutoff date for submitting assessments to the County.
a. Meadow Oak Avenue, Project No. 2005-05C
This project covered the extension of Meadow Oak Avenue to CSAH 18. Monticello
Industrial Park and Resurrection Lutheran Church are proposed to be assessed a total of
$477,079.80 for the improvements and $249,022.50 will be funded utility trunk funds.
WAYNE MAYER MOVED TO ADOPT THE RESOLUTION DECLARING THE
COSTS TO BE ASSESSED FOR THE EXTENSION OF MEADOW OAK AVENUE
FROM ITS CURRENT TERMINI TO CSAH 18 AND TO SET A PUBLIC HEARING
FOR OCTOBER 23, 2006.
b. School Boulevard west (Deegan Avenue to Redford Lane), Project No. 2005-02C
Among the properties proposed to be assessed under this project are Ocello LLC, Prairie
Ponds and Taco Johns with a total amount of $419,673.00 being assessed. In addition the
City owned development, Jefferson Commons picked up $826,452 in cost and city trunk
fund reserves picked up $147,872 of project costs. City Administrator, Rick Wolfsteller
noted that in the Jefferson Commons development there is an agreement in place with
River City Lanes.
TOM PERRAULT MOVED TO APPROVE THE RESOLUTION FOR THE
IMPROVEMENT PROJECT DECLARING THE COSTS TO BE ASSESSED AND
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SETTING THE ASSESSMENT HEARING FOR OCTOBER 23, 2006. WAYNE
MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
C. 71h Street/Highland Way, Project No. 2004-02C
A portion of the project costs was funded through a special assessment agreement with
Ryan Companies and the traffic signal at CSAH 75 and Highland Way are proposed to be
assessed against adjacent benefiting properties based on trip generation. It is proposed to
assess apartment buildings in this area for a portion of the cost. The signal would be
funded 50% by the City, 25% by Ryan Companies and 25% to properties along CSAH
75. Tom Perrault indicated he did not feel the apartment buildings should be assessed for
this project. Shibani Bisson noted that these properties were shown as non-residential.
GLEN POSUSTA MOVED TO ADOPT A RESOLUTION FOR THE IMPROVEMENT
PROJECT DECLARING COSTS TO BE ASSESSED AND SETTING THE
ASSESSMENT HEARING FOR OCTOBER 23, 2006. WAYNE MAYER SECONDED
THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN
OPPOSITION.
d. CSAH 18/I-94 Interchange, Project No. 2004 -OIC
Properties proposed to be assessed under this project include the Union Crossings
development (Target/Home Depot sites), Monticello Industrial Park, Outlot A of Liberty
Park and the Riverview Square Addition.
TOM PERRAULT MOVED TO ADOPT A RESOLUTION FOR THE
IMPROVEMENT PROJECT DECLARING THE COSTS TO BE ASSESSED, AND
SETTING THE ASSESSMENT HEARING FOR OCTOBER 23, 2006. CLINT
HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
e. 2006 Street Reconstruction, Project No. 2006-01C.
At the public hearing on the improvement project it was estimated that the reconstruction
cost for a residential lot would be $3,000 per unit and the sidewalk would be $200 per
unit. Due to increases in construction cost these figures came in at $3,150 for street
reconstruction and about $500 for the sidewalk.
Clint Herbst noted that this reconstruction did not appear to go as smoothly as previous
projects. He indicated that he had received a number of complaints from residents
impacted by the construction.
Brian Stumpf questioned the assessment for the Ritze property which was shown as being
assessed 273 feet at the commercial rate. Since a portion of the site is used as a residence
he asked whether the assessment could be split with half of the property be assessed at a
commercial rate and half as residential. Another option would be to assess based on
number of residential units that could be contained on the site. Council directed the
consulting engineer to look at this property further.
Council Minutes: 9/25/06
Tom Perrault asked about the assessment on the property at 1129 West Broadway, now
platted as the Pineview Addition which had received an assessment based on commercial
use. The engineer was also directed to study this property further and provide and
update to the Council.
BRIAN STUMPF MOVED TO ADOPT THE RESOLUTION FOR THE
IMPROVEMENT PROJECT DECLARING THE COSTS TO BE ASSESSED AND
SETTING THE ASSESSMENT HEARING FOR OCTOBER 23, 2006. WAYNE
MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
f. Chelsea Road West/Dalton Avenue (formerly School Blvd) Project No. 2005-11C
It was noted that the assessment to the Chadwick and Moon Motors property were part of
an overall agreement between Chadwick and the City. The total amount proposed to be
assessed is $2,683,166.01.
WAYNE MAYER MOVED TO ADOPT A RESOLUTION FOR THE
IMPROVEMENT PROJECT DECLARING THE COSTS TO BE ASSESSED AND
SETTING THE ASSESSMENT HEARING FOR OCTOBER 23, 2006. BRIAN
STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
9. Consideration of award of contract for extension of Dalton Avenue, Dalton Way and
Dalton Court, City Project No. 2006-15C.
Approved with the consent agenda as #5K.
11. Consideration of approving plans, specifications and advertising for bids for parking lot
and hardcourt for Groveland Park, City Project No. 2006-27C.
Approved with the consent agenda as #5L.
12. Consideration of authorizing improvements for the River Mill Pathway between Mill Run
Road and River Forest Drive.
This segment of trail had been proposed for paving some time ago but had been delayed to see
how the trail would fit in with the proposed north frontage road. Jeff O'Neill stated that the
decision to complete the path is dependent on the alignment of the north frontage road but a
decision on the frontage road could be 3-4 years away. Clint Herbst noted the traffic in the area.
Glen Posusta asked why they didn't pull the road closer to the freeway and further away from the
residential area. Shibani Bisson said there was a flat area that they were trying to meet. They
could put it closer to the interstate but the retaining wall would have to be higher. Another issue
would be that they would be within MN DOT right-of-way and they would need to get
permission from MnDOT.
Clint Herbst asked if there was a possibility of getting the work done this fall. Shibani Bisson
stated it would be pretty tight schedule. She questioned if funding had been established for this
project. The Council felt if the project goes forward, they would like to see it happen this year
if possible.
Council Minutes: 9/25/06
CLINT HERBST MOVED TO AUTHORIZE PREPARATION OF PLANS AND OBTAIN
QUOTES TO CONSTRUCT THE RIVER MILL PATHWAY AS A BITUMINOUS
PATHWAY AND IF POSSIBLE TO GET IT STARTED THIS YEAR AND IF BITUMINOUS
CANNOT BE PLACED THIS YEAR AT LEAST DO THE SUBGRADE PREPARATION
AND BASE. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
Added Items:
Street Reconstruction Project: Tom Perrault thanked the Street Department for going out to the site and
cleaning up the area after the rainfall. The Class V is supposed to be placed this week and that should
take care of the problem.
City Administrator Position: Clint Herbst indicated that the Personnel Committee reviewed the
employment contract for the City Administrator position being offered to Jeff O'Neill. He noted the
contract had a 5% increase in wages making the contract amount $86,000. There is a three month
severance clause. After December 31, 2007 termination without just cause could occur.
Brian Stumpf stated his appreciation for the years of service given by Rick Wolfsteller in his role as City
Administrator and Chief Financial Officer.
BRIAN STUMPF MOVED TO APPROVE THE EMPLOYMENT AGREEMENT BETWEEN THE
CITY AND JEFF O'NEILL FOR THE CITY ADMINISTRATOR POSITION.
Tom Scott, City Attorney, suggested adding language to Section 4B as follows: "and further subject to
the City's ordinance on outside employment."
BRIAN STUMPF AMENDED HIS MOTION TO INCLUDE THE LANGUAGE RECOMMENDED
BY THE CITY ATTORNEY. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
Tax Levy: Glen Posusta questioned comments in the Monticello Times attributed to the City
Administrator relating to the City's 2007 budget and tax levy. He also questioned conflicting
information in the comparison of the budgets of the City of Monticello to that of the City of Buffalo.
Jeff O'Neill has asked staff to come up with places where the City could save money. Rick Wolfsteller
explained his remarks stating that in the preliminary budget that went to the Council the proposed levy
was $7.1 million the Council lowered this amount to $6.5 million but did not specify how this reduction
was to be accomplished. Glen Posusta did not feel that the tax levy should be used for items such as
financing the biosolids expansion at the wastewater treatment plan. Glen Posusta stated that the
comment was made that Monticello's budget was $16 million and Buffalo's was $25 million and added
that on a sheet submitted as part of the preliminary budget it showed a budget amount of $37 million.
Rick Wolfsteller pointed out that the $37 million figure included depreciation expense in the various
funds and also included the cost of the biosolids expansion ($8,490,000). Glen Posusta questioned other
figures used in the comparison and stated he felt there was misinformation. Glen Posusta said he hoped
Jeff O'Neill would present a budget based on what the City needs not on what the City wants. Rick
Wolfsteller indicated that from the budget workshop he thought sewer and water rates would be the
primary source to make up the difference. Glen Posusta stated that because $600,000 is cut from the
levy does not mean that you have to make that up somewhere else. He felt the City should make cuts in
their expenditures.
Council Minutes: 9/25/06
13. Approve payment of bills for September.
WAYNE MAYER MOVED TO APPROVE PAYMENT OF THE BILLS. TOM PERRAULT
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
14. Adjourn.
The meeting was adjourned at 10:45 p.m.
S
Recording Secretary