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City Council Minutes 11-27-2006 Council Minutes: 11/27/06 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, November 27, 2006 -7 p.m. Mayor: Clint Herbst Council Members: Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf 1. Call to Order and Pled2e of AIle2iance Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. Mayor Herbst noted the passing of the wife of former Mayor Roger Belsaas and on behalf ofthe Council and staff offered condolences to Roger Belsaas and his family on their loss. 2A. Approve minutes of November 13,2006 Special Council Meetin2. Tom Perrault noted that on the motion to adopt the 2007 budget and tax levy he had voted to adopt the budget and had stated his concern about the franchise fee being included in the budget. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 13,2006 SPECIAL COUNCIL MEETING WITH THE CORRECTION NOTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. Approve minutes of November 13, 2006 re2uIar Council Meetin2 Glen Posusta noted a correction on Page 11, item #9, it should have been Gerald Paulson not Glen Paulson. Tom Perrault stated on the sidewalk assessment he was opposed to the residents of the mobile home park receiving the same sidewalk assessment as the other residential units. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 13, 2006 REGULAR COUNCIL MEETING WITH THE CORRECTIONS NOTED. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of addin2 items to the a2enda. The following items were added to the agenda: 1) Possible upcoming bond issue; 2) Stop sign at School Boulevard and Fallon A venue; 3) Payment to Schluender Construction on an improvement project.; 4) Light on the new water tower and 5) Temporary crosswalk signs. 4. Citizen comments, petitions, requests and concerns. No one spoke under citizen comments. Council Minutes: 11/27/06 5. Consent Agenda: A. Consideration of ratifying hires and departures. Recommendation: Ratify the hires and departures as identified. B. Consideration of approving Change Order No.2 for the 2006 Street Reconstruction Project, City Project No. 2006-01C. Recommendation: Approve Change Order No.2 to Buffalo Bituminous for $3,164.00 for the 2006 Street Reconstruction Project. C. Consideration of appointment to fill open position on the Planning Commission. Recommendation: Approve the appointment of Charlotte Gabler to the Planning Commission. D. REMOVED E. Consideration of accepting quotes and ordering improvement for Kampa Circle Drainage Conection. Recommendation: A ward the contract for Kampa Circle Drainage Conection, City Project No. 2006H21 C to Fyle's_Excavating and Honey Wagon in the amount of$6,765. F. Consideration of approving final payment and accept improvement for Cedar Street Storm Sewer, Sanitary Sewer, Watermain and Appurtenant Work, City Project No. 2002-06C. Recommendation: Accept the improvements and approve the final payment of $17,626.90 to R.L. Larson Excavating, Inc for City Project N. 2002-06C contingent upon receipt of the two-year maintenance bond. G. Consideration of City maintaining public streets for Carlisle Village 31'd, 4th and 5th Additions. Recommendation: Accept the maintenance responsibilities of the public streets subject to installation of street signage. H. Consideration of City maintaining public streets for Featherstone 2nd Addition. Recommendation: Accept maintenance responsibilities of the public streets subject to completion of bituminous patching and installation of all barricades. 1. Consideration of approving Change Order #1 and final payment for wastewater treatment plant digester painting, City Project No. 2006-22C. Recommendation: Approve Change Order #1 in the amount of$6,336 and authOlize final payment to Rice Lake Construction Group for City Project No. 2006-22C in the amount of $35,986 pending receipt of final paper work on the project. J. Consideration of approving Change Order #1 and final payment for Riverside Cemetery Fencing City Project No. 2006-17C. Recommendation: Approve final payment to Authority Fence & Decks, Inc. in the amount of $28,414.98 which includes Change Order # 1 in the amount of $600 for the Riverside Cemetery Fencing Project, City Project No.2006-17C. K. Consideration of final payment for Xce1 ballfield fencing, City Project No. 2006-19C. 2 Council Minutes: 11/27/06 Recommendation: Approve final payment to Oberg Fence Company for City Project No. 2006-l9C in the amount of $14,900.25 pending receipt of lien waivers and withholding statements. L. Consideration of approval of contribution from Monticello Lions Club for lighting project at Bridge Park. Recommendation: Approve the contribution ofthe Monticello Lions Club in the amount of $3,000 for lighting improvements at Bridge Park. M. Consideration of using Park Funds for funding installation of head-in parking improvements on Mississippi Drive. Recommendation: Approve drawing funds from the Park Fund to pay for the Mississippi Drive parking installed in conjunction with development of the swan observation area. N. Consideration of installing security cameras at Deputy Registrar Offices. Recommendation: Move to direct staff to obtain quotes for purchase and installation of security cameras at the Deputy Registrar facility with installation to be performed by city staff and Doug Lyseng. WAYNE MAYER MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #5C, #5K, #5M AND #5N. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. #5C Appointment to Planning Commission: Brian Stumpf stated his concem about the process that was used in making the appointments to the Plmming Commission vacancies. If the Council wants to review the application, then they should change the policy of approving the appointment as recommended by the commission. He felt the City should have filled both vacancies at the same time as there were well qualified candidates that were recommended for appointment by the Planning Commission. Wayne Mayer felt there were extenuating circumstances in this case in that what was originally advertised was not what was proposed to be filled. Charlotte Gabler, the candidate recommended by the Planning Commission for appointment was present at the meeting and introduced herself. Btian Stumpf emphasized that his remarks were not disparaging of any of the applicants for the vacancies on the Commission but were meant to reflect his concem about the process followed in filling the vacancies. TOM PERRAULT MOVED TO APPROVE THE APPOINTMENT OF CHARLOTTE GABLER TO FILL THE VACANCY ON THE PLANNING COMMISSION CREATED BY THE RESIGNATION OF SANDY SUCHY. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION. 5K Xcel Ballfield Fencing, City Project N. 2006-19C: Glen Posusta had pulled this item requesting that there be some verification that the fence was built to City specifications. He had heard that the posts were not set in concrete. He was asking if staff could go out and randomly check the posts to see if they were set in concrete. John Simola stated they would 3 Council Minutes: 11/27/06 check this but would first verify whether placing the posts in concrete was required in the specifications written for the project. BRAN STUMPF MOVE TO APPROVE THE FINAL PAYMENT TO OBERG FENCE COMPANY OF DEERWOOD, MN IN THE AMOUNT OF $14,900.25 PENDING THE RECEIPT OF LIEN WAIVERS AND WITHHOLDING STATEMENTS AND UPON VERIFICA TION THAT THE PLACEMENT OF THE POSTS HAD BEEN DONE ACCORDING TO SPECIFICATIONS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5M Consideration of using park funds for parking lot improvements on Mississippi Drive: Tom Perrault had requested that the Council consider funding the cost of the parking lot improvements on Mississippi Drive from the park funds instead of the street funds. Glen Posusta felt that the improvements to the parking lot would not have been made if it were not for the swan viewing area being located there. He felt that use of park funds would be appropriate for this project. TOM PERRAULT MOVED TO DRAW FUNDS FROM THE PARK FUND TO PAY FOR THE MISSISSIPPI DRIVE PARKING INSTALLED IN CONJUNCITON WITH THE DEVELOPMENT OF THE SWAN OBSERV A nON AREA. GLEN POSUST A SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5N Consideration of installing security cameras at the Deputy Registrar Office: Glen Posusta questioned if the Deputy Registrar office was relocated would it be feasible to install security cameras at the present site. The City would need to consider the cost of installing the cameras, removing them and then re-installing them at a new location. Gary Anderson, Chief Building Official, said it would be money well spent and noted that Public Works was looking at installation of security cameras in the city parks. John Simola, Public Works Director, felt that staff was capable of installing and relocating the cameras if needed. Glen Posusta noted there was only one price quote. Wayne Mayer agreed that there should be more than one quote and staff should also check ifthere was a local provider. Clint Herbst felt ifit was decided to move the Deputy Registrar's office the system should be something that would be compatible with another site. Glen Posusta suggested holding off on this for a couple of weeks to allow John Simola and Gary Anderson to get additional information and quotes. 7. Update from River Rider ~ Verbal Report Chad Kessel from River Rider was present and updated the Council on what was happening with the transportation system. He felt the transition period during the merger of Heartland Express and River Rider went very smoothly and attributed that in part to the assistance of Cathy Shuman and Angela Schumann from the city staff. The program is doing well and riders are happy that Betty is back driving the bus. The service is handling 720 riders a month which is what was anticipated. He did add that with the increase in size of the service area 4 Council Minutes: 11/27/06 they are not able to make as many trips. He noted they have had to decline rides on occasion and those that are declined are usually in cases where the person calls and wants a same day ride. River Rider will be merging with Annandale Heartland Express as of the first of the year. They are also working on a feeder system for the North Star Line. It is proposed that the bus would run from the park and ride to the North Star station. There would be six trains going out morning and afternoon Monday through Friday and four trains on the weekend. River Riders would have bus service during the week but there would be no bus service to the North Star Station on weekends. There will be a fare increase as of the first of year. Currently in Monticello they do not charge more for "same day" rides. In 2007 they are proposing to charge $2 for "same day" rides. If this becomes too problematic, the City may want to consider funding the difference. There was general discussion on bus transportation, use of Hoglund bus services for certain events, and options to consider to increase ridership. 8. Consideration of adoption of assessment resolutions for all assessments covered by assessment agreements or development agreements. The Council reviewed a list of assessments that were covered by development agreements and/or assessment agreements. According to the League of Minnesota Cities recent cOUli action has shown that a signed agreement or development contract alone is not sufficient to be a valid lien against the property. Formally adopting assessments covered by agreements gives further validity to the assessment. BRIAN STUMPF MOVED TO APPROVE ASSESSMENT RESOLUTIONS FOR: SANDBERG ROAD, CARLISLE VILLAGE THIRD, CLUB WEST ADDITION, BLUE CHIP DEVELOPMENT, HILLSIDE FARMS THIRD AND FOURTH ADDITIONS, CARLISLE VILLAGE FIFTH ADDITION AND MULLER THEATER. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of approving proposed fee increases for 2007 and setting a public hearing date for the adoption of ordinance covering same. The Council reviewed the proposed fee changes being considered for 2007. The Council was being asked to review the changes prior to establishing a public hearing date for the ordinance adopting the 2007 fee schedule thus allowing staff additional time to research or make changes the fees as directed by Council. Tom Perrault brought up the mowing costs for blight violations. At the present time only the actual contractor's cost is charged. There is nothing in place covering costs relating to Finance or Building Department time in the blight process. This is one fee the Council could look at. Wayne Mayer asked for clarification on whether the Fire Department charged for all alarms calls or only false alarms. Brian Stumpf indicated the Fire Department charges only on false 5 Council Minutes: 11/27/06 alarm calls. Wayne Mayer suggested changing the wording to identify that the charges are for false alarms. He also questioned why there was no charge for the first time the Fire Department responds to a false alarm. Brian Stumpf stated the Fire Department felt this was an opportunity for them to find out why the alarm went off and the property owner then has a chance to correct the problem. It was felt ifthe Fire Department doesn't charge for the first time, if there is a second call they should at least be charging an amount that covers their actual cost of responding. It was suggested that a fee of $250 be charged. Brian Stumpf asked how much of the charges billed for the Fire Department is being recouped and were these monies going to the Fire Department or into the general fund. Cathy Shuman from the Finance Department indicated that 80% was being collected and the funds were being put in the general fund under a line item called Emergency Response. Tom Perrault questioned why the sewer and water connection permit for commercial was taxed but not for residential. He also questioned the $9.75 tax amount on the garbage. Cathy Shuman indicated that the state, when they conducted their sales tax audit ofthe City, suggested that the City should identify all those items that are taxed. In this case anything for water that is for non-residential use should be taxed. She added that $9.75 tax is the solid waste charge for garbage. Wayne Mayer noted the rate for transactions on the pawn shop license and asked if the license holder was current with his transaction fees. GLEN POSUST A MOVED SETTING DECEMBER 11, 2006 AS THE PUBLIC HEARING DATE TO CONSIDER AN ORDINANCE ADOPTING THE 2007 FEE SCHEDULE. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Review of snow plowin2; policy and consideration of chan2;es. Public Works Director, John Simola submitted the snowplowing policy and reviewed the proposed changes in the policy. Clint Herbst questioned the sidewalk that was proposed for 6th Street which he presumed would be on the grid system. The sidewalk was proposed for the south side of6ll1. John Simola indicated that the Council had wanted staff to study locating the sidewalk on the north side. In studying the placement on the north side staff determined there would be a number of obstacles such as trees, retaining walls and grading issues. There was not adequate time to study and design the system for construction in 2006. Brian Stumpf questioned why both the City and County are plowing the roundabout. John Simola stated that the agreement with the County is that for the County allowing the roundabout to go in, the City would do the maintenance of the roundabout. Street Superintendent Tom Moores met with the County regarding the plowing. The County indicated that the roundabout is a point where two ofthe county's plow routes meet and that is why their vehicles would be on the rowldabout. Clint Herbst brought up the maintenance of the sidewalk and his position is that if the City is requiring that the sidewalk goes in, the City should be maintaining the sidewalk. He felt it was difficult for the residents to pay for the sidewalks as well as clean them. Jolm Simola asked if the Council wanted the City to maintain all of the sidewalks within the City. He added that very few communities maintain all sidewalks. Even if the sidewalk is on the City's grid system, not all of the sidewalks on the grid system are plowed. Jolm Simola stated that 6 Council Minutes: 11/27/06 the cUlTently the City's ordinance states that all snow must be removed from the sidewalk within 24 hours after the snowfall event. He didn't know if city staff could get that done within 24 hours as well as take care of snow removal from the streets. If the City is going to add substantial amount of sidewalk for snow removal then the ordinance should be amended to 72 hours to allow more time for staff to have the snow removed Glen Posusta suggested looking at having a local contractor do some ofthe street plowing or snow removal from the sidewalks. John Simola stated that depending on how much sidewalk the Council added, it mayor may not be possible for city staff to handle the removal. The Council again discussed the proposed sidewalk on 6th Street for the Swan River Charter School. It was pointed out that all of the Swan River students are provided with bus service and there are only a few students who choose to walk to school. Clint Herbst suggested that the 6th Street sidewalk be put in the spring thus giving staff adequate time to address the design issues. There were some additional pathway segments noted that should be included on the map submitted with the snow removal policy. These include: I) The recently completed segment ofthe River Mill pathway. John Simola stated that the pathway in the River Mill area is not cleared in the winter except for the portion leading to the sliding hill. Clint Herbst felt that by not clearing the pathway it was encouraging snowmobiles to use the pathway. Clint Herbst felt this segment of pathway should be cleared; 2) The segment of sidewalk on Broadway by the hospital. John Simola indicated that the hospital maintains this; 3) Segment of pathway by Broadway Market which is going in by O'Ryans; 4) The pathway cOlmection from Eastwood Knoll to the Meadow Oak Avenue pathway; and 5) The pathway on the east side of CSAH 18 between CSAH 18 and Meadow Oak Avenue. Glen Posusta asked about the sidewalk on the northwest comer of the old high school. John Simola indicated the school takes care of that and the City clears the area south of the railroad tracks. John Simola would like to see the pathway between Washington Street and Cedar Street added to the area for snow removal since there quite a few pedestrians using it. Jolm Simola asked the Council for their reaction to the $150 maximum for damage to personal property (mailboxes) in the right-of-way and the Council indicated that provision was satisfactory. BRIAN STUMPF MOVED TO APPROVE THE SNOW REMOVAL POLICY FOR THE 2006-2007 SEASON WITH THE CHANGES NOTED INCLUDING ADDING THE P A THW A Y FROM CEDAR STREET TO WASHINGTON STREET; THE $150 MAXIMUM FOR MAILBOX DAMAGE AND CHANGES FOR SNOW PLOWING ON RESIDENTIAL STREETS WITH SIDEWALKS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Glen Posusta asked about plowing in the areas where only one lift of blacktop was in place and if the curb in that area doesn't get beat up more because there is only one lift. John Simola replied ifthe street only has one lift for more than one winter the curb does suffer. Glen Posusta suggested not plowing curb to curb in these instances. Tom Moores noted in some cases they have had the contractor ramp ahead ofthe mailboxes so the road can be 7 Council Minutes: 11/27/06 plowed to the curb but in other areas they try to stay away from the curb when plowing. Clint Herbst suggested that this is something they look at putting in future contracts. 11. Consideration of proposals for lil!htinl! East 7th Street and Highland Way within the Rvan Development. John Simola reported that the City had received two proposals one from Wright-Hennepin and one from Xcel Energy for a street lighting project on ih Street and Highland Way. Proposals were requested for using 9 new poles and for using 6 new poles and 3 existing poles. Wright- Hennepin had the low proposal with a price of $66,391 for a project using 6 new poles and 3 existing poles with the project to be constructed in the spring. If the project is done as a spring construction project, the work would be completed by May 15, 2007. Another option that was proposed was switch to #4 gauge wire which would be a benefit for continuation of the street lighting along 7th Street. John Simola noted that by reusing the three existing lights and with the $30,000 contributed by Ryan Companies it substantially reduces the cost for the project. Brian Stumpf asked if the money for this project would be taken out of street lighting budget or the general fund. It was noted these funds could be paid back with the franchise fee, if the franchise fee was established. Glen Posusta asked about lighting for the roundabout. John Simola indicated that four lights are proposed for the area but have not yet been installed. Wayne Mayer asked under Altemate #1 were the existing lights being located to more strategic locations. Tom Perrault felt they should go with the option using #4 gauge wire. Brian Stumpf felt the project should be completed now since there were funds from Ryan Companies to assist with the cost. Glen Posusta asked about the lights on School Boulevard. John Simola indicated that the City has not yet met with the School District to discuss the lighting and the pedestrian safety improvements on School Boulevard. Glen Posusta asked if the two lighting projects (ih Street and School Boulevard) could be combined. It was noted the issue with the school district is the possible assessment for the lighting improvement. The Council felt the staff should be meeting with the School District so that this project could move forward. Wayne Mayer asked if any of these projects were budgeted for 2006. Wayne Mayer said until the franchise fee becomes a reality these lighting amounts should be tallied and presented to Xcel. TOM PERRAULT MOVED TO APPROVE AWARDING THE CONTRACT TO WRIGHT HENNEPIN ELECTRIC FOR THEIR PROPOSAL TO REUSE THE THREE EXISTING LIGHTS AND ADD SIX NEW POLES FOR SPRING CONSTRUCTIONG AND TO GO WITH THE PROPOSAL USING THE HEAVIER 4-GAUGE WIRE AT A PROJECT COST OF $68,092. Wayne Mayer and Glen Posusta felt the School Boulevard project should be done first. However since $30,000 of the $66,391 of project cost was already paid, Wayne Mayer felt the project should go forward and Glen Posusta agreed Tom Perrault noted there were concerns 8 Council Minutes: 11/27/06 about design issues with the lighting on School Boulevard. The ih Street project does not have the design issues and a portion of the funds needed are already available. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Items: Stop sign at Fallon Avenue and School Boulevard: Bruce Westby indicated that they have been trying to get a speed study done on School Boulevard. Glen Posusta said the reason he didn't want to see a speed study done was because if it was found that the speeds traveled were higher than what was posted, the traveled speed would be the speed limit established. Bumpouts on School Boulevard: These are temporary and will be removed for the winter. Permanent ones will be installed as part of the pedestrian improvements on School Boulevard. The Council still felt study needed to be done of this area as far as vehicle count and pedestrian traffic. Wayne Mayer didn't have a problem with doing a study but he felt some time should elapse for the traffic to stabilize before the study was done. Bruce Westby noted the calls he has received were concerns about the pedestrian crossing in the area and the safety of that crossing. He felt there were a number of issues that come into play here and they should all be looked when doing the study. Bond Issue: Wayne Mayer stated that Springsted is trying to set up a meeting with the Director of Finance and the City Administrator and he felt that Rick Wolfsteller should be directed to work with Springsted on the bonding mechanism for fiber optics. Wayne Mayer also stated that Fiber Optics Task Force met with Mr. LinDell and addressed his concems but added there is a philosophical difference with Mr. LinDell as far as how the City should be involved in establishing a fiber optic system. Mr. LinDell wanted the City to wait for private enterprise to offer this service. Contractor Payment: Glen Posusta indicated he was contacted by Schluender Construction about a payment that was approved but not yet received for work they had done. John Simola will check into this. Light on water tower: John Simola stated that during the design phase it was indicated that a light on the new tower was not required but he and Matt Theisen, Water Superintendent had requested that one be installed. The electrician has not completed the work yet. Crosswalks: Glen Posusta questioned why the temporary crosswalk signs were not put at any intersection on TH 25. He noted the City of Buffalo has them on TH 25 in the area of the courthouse and the school. John Simola felt it was a question of safety and that City would not want to direct pedestrians to cross TH 25 at uncontrolled intersections. He noted that CSAH 75 and ih Street were controlled intersections. John Simola will check with MnDOT as to their requirements on TH 25. 12. Approve payment of bills for November. WAYNE MAYER MOVED TO APPROVE PAYMENT OF THE BILLS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9 Council Minutes: 11/27/06 13. Adiourn. BRIAN STUMPF MOVED TO ADJOURN THE MEETING AT 9:05 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. \~)~~ ~s~ Recording Secretary 10