City Council Minutes 10-09-2006Council Minutes: 10/9/06
MINUTES
REGULAR MEETING — MONTICELLO CITY COUNCIL
Monday October 9, 2006 — 7 p.m.
Members Present: Clint Herbst, Wayne Mayer, Tom Perrault and Brian Stumpf.
Members Absent: Glen Posusta.
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 the September 25, 2006 regular Council meeting.
BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 25, 2006
REGULAR COUNCIL MEETING. TOM PERRAULT SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
2B. Approve minutes of the September 25, 2006 Special Council meeting.
WAYNE MAYER MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 25, 2006
SPECIAL COUNCIL MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
3. Consideration of adding items to the agenda.
These items were added to the agenda: 1) Site for second liquor store; 2) Interest in acquisition
of property from Electro Industries; 3) Setting a special budget workshop meeting; 4) Water
tower painting update; and 5) Signs for Lake Maria State Park.
4. Citizen comments, petitions, requests and concerns.
Millie Vetsch, the DFL endorsed candidate for state representative for District 19A introduced
herself to the Council and urged people to attend the candidate's forum on October 18, 2006.
5. Consent Agenda:
A. Consideration of ratifying hires and departures for MCC and Water Department.
Recommendation: Ratify the hires and departures as identified.
B. 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) Rescind the motion of August
28, 2006 approving the conditional use permit for a drive-through facility for Broadway
Market and 2) Approve a conditional use permit for a drive through facility for Broadway
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Market based on a finding that the proposed use is consistent with the intent of the PZM
District.
C. Consideration of renewing currency exchange license - Wal-Mart. Recommendation:
Approve the renewal of the currency exchange license for the Wal-Mart Store located at
9320 Cedar Street.
D. Consideration approving contract for parking lot improvements at Groveland Park, City
Project No. 2006-27C. Recommendation: Award the bid for the parking lot
improvements at Groveland Park to Rum River Contracting in the amount of $52,783.19.
E. Consideration of appointment to fill vacancy on Planning Commission.
Recommendation: Approve the appointment of Barry Voight and Idella Ziegler to the
Planning Commission.
F. Consideration of approving Change Order No. 6 for the CSAH 18/I-94 Interchange
Project No. 2004-01 C covering lights for the pedestrian bridge. Recommendation:
Approve Change Order No. 6 in the amount of $19,600 for R.L. Larson Excavating, Inc.
covering the lights for the pedestrian bridge.
G. Consideration of a request for a conditional use permit for development stage planned.
unit development for a restaurant use in a B-3 (Highway Business) District. Applicant:
Brendsel Properties, Inc. Recommendation: Approve the conditional use permit for
development stage planned unit development for a restaurant use in a B-3 (Highway
Business District), approve the restaurant site and building plans based on a finding that
the proposed use meets the intent of the PUD and is consistent with requirements for the
district subject to the following: 1) The monument sign shall be relocated to allow the
proposed sidewalk to extend to the west end of the parking lot; 2) The landscape plan
shall be revised to provide two additional overstory trees, one in the west area of the site,
adjacent to the patio and one in the island on the east end of the south row of parking
stalls; and 3) The applicant shall submit colored elevations including details on proposed
materials for the trash enclosure.
H. Consideration of authorizing a feasibility report for the 2007 Street Reconstruction
Project. Recommendation: Authorize WSB & Associates, Inc to complete the
feasibility study for the remainder of Area #3 in the Core Street Reconstruction Program.
I. Consideration of approving final payment and accepting improvement for Trunk Sanitary
Sewer Extension, Southeast Interceptor/Bondhus Segment and Appurtenant
Improvements, City Project No. 2000-12C. Recommendation: Accept the
improvements and approve the final payment of $96,024.45 to Barbarossa and Sons, Inc.
for Project No. 2000-12C, Trunk Sanitary Sewer Extension, Southeast
Interceptor/Bondhus Segment.
J. Consideration of award of bid for Linn Street and Front Street Drainage Improvements,
City Project No. 2006-12C. Recommendation: Award the contract for Linn Street and
Front Street Drainage Improvements to J.S. Stewart Companies in the amount of
$215780.00.
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K. Consideration of acceptance of improvements for Nathan's Court. Recommendation:
Accept the public improvements for Nathan's Court subject to the following conditions:
1) The developer is to submit as-builts for acceptance; 2) The developer is to submit
warranty bonds for 25% of certified construction costs with warranty covering two years
from the date of Council acceptance of work; 3) The developer is to provide a $9,600
letter of credit to cover erosion/restoration and landscaping; and 4) A $5,000 cash
security will be held to cover costs of final warranty inspection.
L. Consideration of approving quotes for demolition of home on Kevin Tracy property.
Recommendation: Award the contract for removal and demolition of Tracy House to
Schmitz and Sons in the amount of $4,521.00.
M. Consideration of authorizing maintenance purchases for the Monticello Community
Center. Recommendation: Authorize the requested maintenance purchase for the
community center which were budgeted for in the 2006 budget.
N. Consideration of calling for a joint meeting of the City Council for the purpose of
reviewing a Memorandum of Understanding Pertaining to Acquisition of YMCA and
Operation as a park. Recommendation: Approve calling for a joint meeting of the
City Council and the Wright County Board of Commissioners for review and
consideration of a Memorandum of Understanding pertaining to sharing of cost to
purchase and operate YMCA property for park purposes and to call for a closed meeting
of the City Council and the Wright County Board of Commissioners to review the
YMCA property appraisal information with the meetings scheduled to occurred on
October 24, 2006 at 1:00 p.m. at the Wright County Courthouse.
On item 5L there was clarification on the different addresses that appeared on the quotes. Items
5C5 5E9 5H, 5M and 5N were pulled from the consent agenda for discussion.
WAYNE MAYER APPROVED THE CONSENT AGENDA WITH THE REMOVAL OF
ITEMS #5C, #5E5 #511, #5M AND #5N. BRIAN STUMPF SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
6. Consideration of items removed from the consent agenda for discussion
5C: Renewing Currency Exchange License — Wal-Mart: Tom Perrault pulled this item
because as an employee of the firm he would not be voting on the item.
Wayne Mayer had concerns about the outside storage on the School Boulevard side of the site.
Jeff O'Neill stated in the building permit review process the storage was shown at this location
but no one picked up on that. Staff has informed Wal-Mart that was not allowed and should be
removed. Staff is waiting to hear back from Wal-Mart regarding the removal. Wayne Mayer
asked if this building review process took place prior to Gary Anderson being the Building
Official. Jeff O'Neill indicated it was and added that all previous information from Wal-Mart
had not shown any outside storage at this location.
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Clint Herbst indicated that if the City missed this item in their review process, he wasn't sure
what the City could do at this point if Wal-Mart elects not to move the storage. Wayne Mayer
asked if there is enough room between the Wal-Mart site and School Boulevard to do something
like a barrier wall or landscaping. If Wal-Mart indicates they would not removed the storage the
issue would come back before the Council.
Wayne Mayer noted there was no fee schedule contained in the application and since that was a
requirement, he felt action should be held off until that schedule was made available.
WAYNE MAYER MOVED TO TABLE ACTION ON THE CURRENCY EXCHANGE
LICENSE UNTIL THE APPLICATION IS COMPLETE. BRIAN STUMPF SECONDED THE
MOTION. MOTION CARRIED WITH TOM PERRAULT ABSTAINING.
5E: Appointments to Planning Commission: Wayne Mayer stated that because this was a paid
position, he had wanted to see the resumes of the applicants. He also noted that there is
occasionally a second meeting in the month for the Planning Commission and based on the
ordinance Planning Commission members would not get paid for this second meeting. Brian
Stumpf said another option would be to amend the ordinance to allow them to be paid for a
second meeting.
WAYNE MAYER MOVED TO BRING THIS ITEM BACK AT THE NEXT MEETING.
TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH BRIAN
STUMPF VOTING IN OPPOSITION.
5H: 2007 Street Reconstruction Project: Wayne Mayer stated he had concerns about going
ahead with the feasibility report without knowing if the City has funds in place for it. Clint
Herbst would like the consulting engineer to take a look at the streets and come back with a
determination as to what areas should be looked at. Bret Weiss noted that this was one of the
options that they could look at. He stated that areas on River Street were in bad condition but
this area had been delayed because of the extensive sanitary sewer improvements that would be
needed in this area also. Bret Weiss did feel that the Council should consider moving forward
even with just a smaller portion of the reconstruction program however he agreed that Street
Department should look at the streets and come back with their recommendation.
Brian Stumpf asked about River Street from CSAH 75 to Electro Industries. Brian Stumpf noted
the Council had received correspondence and pictures from Mr. Seefeldt of Electro Industries
which showed the condition of River Street in that area. The question was whether anything
could be done out there this year yet. Bret Weiss said they could do some patching but he did
not recommend anything more than that if it is going to be reconstructed. Mr. Seefeldt's opinion
was that the street should be sealcoated and then reconstruction would not be necessary. Bret
Weiss felt this segment could be added to whatever area the Council determined to do in 2007.
John Simola said River Street should be one of the most expensive portions of the street
reconstruction program since most of the sanitary sewer would have to be replaced but they
would look at it and bring the information back to the Council.
Brian Stumpf expressed his concern about doing something on River Street with the Council
looking at the intersection of River Street and TH 25. He did not want to see something having
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to be redone as a result of the two projects. Clint Herbst said he would like this inforamtin in
advance so that the Council could view the areas beforehand.
BRIAN STUMPF MOVED TO AUTHORIZE ANOTHER AREA TO BE STUDIED AND
INCLUDE LOOKING AT THE SEGMENT OF RIVER STREET FROM CSAH 75 AND TO
BRING THE INFORMATION BACK TO THE COUNCIL. WAYNE MAYER SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
5M: Maintenance purchases for the Community Center: Wayne Mayer questioned the
replacement of the lockers in the locker room. Kitty Baltos noted it was being proposed to
replace just the lockers in the family locker room at this time as the metal lockers are seriously
deteriorated. Wayne Mayer noting the estimate for the work was $11,500 asked how big of an
expansion of the locker area was being proposed. Kitty Baltos indicated at the present time
there are 20 tall lockers and they would be expanding to 36 half lockers. Tom Perrault stated
that he had asked Kitty Baltos to verify the price since the quote had been submitted some time
ago and the contractor indicated that the quoted prices were still good.
BRIAN STUMPF MOVED TO AUTHORIZE THE REQUESTED MAINTENANCE
PURCHASE FOR THE COMMUNITY CENTER WHICH INCLUDE REPLACING COILS IN
THE DEHUMIDIFICATION UNIT FOR THE POOL AND REPLACING METAL LOCKERS
IN THE FAMILY LOCKER ROOM. TOM PERRAULT SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
5N: Joint meeting with Wright County on YMCA property: A joint meeting with the Wright
County Commissioners was proposed for October 24, 2006 at 1 p.m. at the Wright County
Courthouse. Brian Stumpf suggested that since the Council would be meeting on October 23,
2006 the meeting be scheduled before the regular meeting of the Council so that the Council
could act on the matter and their regular meeting. The County Commissioners could act on it at
their regular meeting on October 24, 2006.
BRIAN STUMPF MOVED TO CALL FOR A JOINT MEETING OF THE MONTICELLO
CITY COUNCIL AND THE WRIGHT COUNTY COMMISSIONERS FOR OCTOBER 23,
2006 AT MEETING TIME TO BE SCHEDULED BEFORE THE REGULAR COUNCIL
MEETING AT 7 P.M. WAYNE MAYER SECONDED THE MOTION. MOTION
CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION.
Tom Perrault questioned provision #9 in the Memorandum of Understanding which dealt with
funding of future land acquisition. He did not understand why there would be a need to acquire
additional land.
7. Public Hearing on vacation of a portion of Cedar Street for the Warnert Retail
City Engineer, Bruce Westby provided the background information on the item explaining that
the Council had approved the final plat for Warnert Retail in April of 2006. When the developer
went to record the plat, the County requested that the property line along Cedar Street be
straightened. The developer was under the impression with that plat line straightened out the
City would have to vacate the area of Cedar Street. A meeting was held with the County
Surveyor and the developer and his surveyor. As a result of this meeting meeting they
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determined there are some other issues that the County felt needed to be addressed. The
developer will be do some research as to where the plat line should be formed. The developer
hopes to have this information within two weeks and will submit a revised plat to the City.
Mayor Herbst opened the public hearing on the street vacation. Ryan Gideon from Westwood
Professional group who was the surveyor and engineer for the developer. He stated the Warnert
retail plat was replat of lots from two previously recorded plats. The legal description was based
on the placement of irons in these two plats that were approved by the County. The jog of the lot
line was present in the underlying plats. However, they would look at the descriptions of the
road as well as the plat and come back with what they find.
Mayor Herbst then closed the public hearing. Brian Stumpf asked if the Council wanted to
discuss at this time a rate for the sale of the vacated right of way. Since there is a possibility that
it may not be necessary to include any right of way in the plat, the Council determined not to set
a sale price at this time.
BRIAN STUMPF MOVED UPON CONCLUSION OF THE PUBLIC HEARING TO TABLE
ACTION ON THE VACATION OF CEDAR STREET UNTIL RESOLUTION OF
QUESTIONS RELATING TO THE BOUNDARY LINES OF THE PLAT. TOM PERRAULT
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
8. Consideration of establishing a reward for information regarding vandalism at Monte
Club.
Since the City had acquired the Monte Club property, there has been vandalism and damage to
the property in excess of $1,00,000.00 including removal of copper piping and copper electrical
wire. The damage was done by someone who had knowledge of what had value and had the
equipment to remove the materials. This loss is something the City's insurance will not cover.
It is hoped by establishing a reward, it will show that the Cit is serious about not allowing this
activity to happen. The Council discussed the amount of the award and Brian Stumpf suggested
setting an up to amount and felt $10,000 was reasonable. It was felt in order for the reward to be
paid out the information would have to lead to the arrest and conviction of the party responsible
for the damage. Clint Herbst stated that if restitution is made, the City could receive the reward
money back as part of the restitution.
WAYNE MAYER MOVED TO ESTABLISH A REWARD OF UP TO $10,000 FOR
INFORMATION LEADING TO THE ARREST AND CONVICTION OF THE
INDIVIDUAL(S) RESPONSIBLE FOR THE VANDALISM AND DAMAGE. BRIAN
STUMPF SECONDED THE MOTIOON. MOTION CARRIED UNANIMOUSLY.
9. Consideration of approving plans and specifications and accept quotes or approve plans
and specifications and authorize the advertisement for bids for the River Mill Pathway
Improvement Project No. 2006-30C.
Bret Weiss presented background information on this item and submitted quotes from Buffalo
Bituminous and Hardrives Inc. for the completion of the pathway segment. He noted that there
are two segments to be improvement. One is from Mill Run Road to the access point in the
River Mill 6th Addition and the other segment of pathway runs through the woods. Area #1 has
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3"-6" of Class V and topsoil underneath the Class V which causes some concern about stability
of the pathway. Braun Intertec who did the testing suggested removal of the topsoil. Bret Weiss
suggested a roll test. He felt the majority of Area #1 would be acceptable for paving. In Area #2
the topsoil would be removed. Bret Weiss stated that drainage improvements would also be
necessary as part of this project. The drainage improvements would be done prior to paving and
it is anticipated the quotes for the storm sewer improvements would be coming within the week.
The other option would be to just complete the gravel portion now and do the paving next year.
Clint Herbst felt this was an important link in the pathway system. Without it, traffic is directed
onto County Road 39. Wayne Mayer asked if there was any price advantage in doing the prep
work now or if this project could be rolled into another project. Bret Weiss didn't think
combining this with another job would generate any savings. Buffalo Bituminous was thinking
they could get this done this year and Bret Weiss felt there were certain advantages in doing this.
Jeff O'Neill asked if the weather doesn't allow construction this fall, would the prices still be
good in the spring. Bret Weiss will check on that.
WAYNE MAYER MOVED TO APPROVE PLANS AND SPECIFICATIONS AND ACCEPT
THE LOWEST QUOTE FOR THE RIVER MILL PATHWAY IMPROVEMENT FROM
BUFFALO BITUMINOUS IN THE AMOUNT OF $47,208.75 AND TO AUTHORIZE THE
CITY ADMINISTRATOR EXECUTE CONTRACTS FOR THE QUOTES RECEIVED ON
THE STORM SEWER IMPROVEMENTS WITH SAID DRAINAGE IMPROVEMENTS NOT
EXCEED $20,000. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
10 Consideration for modification of costs to be assessed for the 2006 Core Street
Reconstruction Project, City Project No. 2006-01C.
Bret Weiss covered changes that were being proposed for the assessment of the 2006 Core
Street Reconstruction Project. These included: 1) 1405 River Street West being assessed for 1/2
the length of the property based on the front footage rate and including one residential unit; 2)
The residential per lot assessment was reduced from $3,150/per lot to $3,000/per lot; 3) The
sidewalk assessment rate was established at $484.39 per unit; 4) The Holthaus development was
reviewed. There was some negotiation with the property owner when CSAH 75 was improved.
At that time the property was assessed for 1/ of the length along CSAH 75 with the
understanding that the property would be assessed for the full side on Otter Creek when it was
improved. Because the property is now a new residential plat it is being assessed 100% of the
cost of the road; and 5) The assessment for the River Terrace Park and Red Rooster Properties
would be done on a front footage basis rather than per unit.
John Simola indicated that the property at 1205 West Broadway which is on the assessment roll
does not have an access onto Otter Creek Road and was assessed when CSAH 75 was
improvement and should not be assessed under this project. Bret Weiss also noted the property
just west of Craig Lane has a driveway access onto River Street. When the balance of River
street is reconstructed he will be assessed under that project.
WAYNE MAYER MOVED TO ADOPT THE RESOLUTION ON THE PROPOSED
REVISIONS TO THE ASSESSMENT ROLL FOR THE ASSESSMENT HEARING ON THE
CORE STREET RECONSTRUCTION PROJECT SET FOR OCTOBER 23, 2006. TOM
PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
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Added Items:
Lake Maria State Park Signs: It was suggested that since Chelsea Road put through the directional
signs for Lake Maria State Park should be relocated so traffic to Lake Maria State Park is directed down
Chelsea Road. John Simola will check into this.
Review properties for possible second liquor store site: Clint Herbst suggested that the Council set up a
time to look at possible sites for a second liquor store. Since the City had been talking about a second
liquor store site for some time he felt it made sense to look at possible sites for this facility.
At that same meeting the City could also look at the vacant land owned by Electro Industries to
determine if there was any interest on the part of the City to acquire the property. Clint Herbst stated
because the Electro Industries property was located adjacent to I-94 it has an escalated value. There
was some discussion on the alignment of the interchange for that area. The new interchange would
primarily impact the ballfield complex on the Xcel property. Brian Stumpf asked if the sketch shown
was the design of the interchange. Bret Weiss stated that the diamond interchange was what was
preferred by MnDOT. He asked if the folded diamond with loop ramps were better for certain areas.
Budget Meeting Workshop: This will be scheduled for the first meeting of November and review of the
Property sites could also be done at this time.
Water Tower Painting: John Simola updated the Council on this project. The logo has been painted on
the east and west side and the Monticello name is on the south side. John Simola indicated that upon
measuring the log it was 5' short and 3'-4' too narrow from the original design. There are two
recourses. One is to let the paint dry; then sandblast it off and start over with another stencil. A new
stencil would have to be made which would take several weeks and there is not enough time to get it
completed this year. Another recourse would be to negotiate a deduct on the contract. John Simola
indicated the value of the logo was $8,000410,000. The paint job should last 15-20 years. Clint Herbst
stated the residents in this area have been looking at this for a long time and he felt the project should be
finished up. The next step is to put on the clear coat. The clear coat in its initial application will be
purple so that can see what has been painted. The Council indicated they should negotiate with the
contractor. Brian Stumpf asked how far behind schedule the contractor was on this project. John
Simola stated the contractor is under liquidated damages and that any negotiated contract deduct would
be over and above the liquidated damages.
BRIAN STUMPF MOVED TO HAVE THE PUBLIC WORKS DIRECTOR AND THE PROJECT
ENGINEER NEGOTIATE A CONTRACT DEDUCT ON THE WATER TOWER PROJECT
COVERING THE PAINTING OF THE LOGO. WAYNE MAYER SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
11. Approve payment of bills for October.
TOM PERRAULT MOVED TO APPROVE PAYMENT OF THE BILLS. BRIAN STUMPF
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
12. Adi ourn.
The meeting adjourned at 8:35 p.m.
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Council Minutes: 10/9/06
Recording Secretary