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City Council Minutes 02-26-2007 Council Minutes: 2/26/07 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, February 26, 2006 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski. Members Absent: None 1. Call to Order and Pledl!:e of Allel!:iance. 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 February 12. 2007 Special Council Meetinl!:. SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 12, 2007 SPECIAL COUNCIL MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH WAYNE MAYER ABSTAINING. 2B. Approve minutes of February 12. 2007 Rel!:ular Council Meetinl!: BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 12,2007 REGULAR COUNCIL MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH WAYNE MAYER ABSTAINING. 3. Consideration of addinl!: items to the al!:enda. Brian Stumpf added discussion of signal timing to the agenda. 4. Citizen comments. petitions. reauests and concerns. No one spoke under citizen comments. 5. Consent Al!:enda: A. Consideration of ratifYing hires and departures MCC. Recommendation: Ratify hires and departures as identified. B. Consideration of waiving statutory liability limits for City insurance renewals. Recommendation: Move that the City of Monticello does not waive the monetary limits on tort liability by Minnesota Statute 466.04. C. Consideration of temporary beer license for Monticello Lions Club for Riverfest celebration. Recommendation: Approve a temporary liquor license for the Monticello Lions Club for the Riverfest Celebration on July 14th-July 15th 2007. I Council Minutes: 2/26/07 D. Consideration of approving monthly renewal of pawn shop license for Walt's Pawn Shop. Recommendation: Approve the renewal of the pawn shop license for Walt's Pawn Shop, 1219 State Highway 25 for one month. E. Consideration to approve a resolution calling for public hearing on the proposed Modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. I and the proposed establishment ofTIF District No. 1-38 (Walker In-Store). Recommendation: Move to approve a resolution calling for a public hearing by the City Council on the proposed adoption of the modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. I and the proposed establishment ofTIF District No. 1-38 therein and the adoption of the TIP plan therefore. F. Consideration of request to authorize preparation of an Environmental Assessment Worksheet relating to proposed development of a Mills Fleet Farm store. Recommendation: Move to authorize preparation of an Environmental Worksheet relating to proposed development of a Mills Fleet Farm store. G. Consideration of accepting feasibility report and setting the public hearing date for the 2007 Street Reconstruction Project, Project No. 2007-01C. Recommendation: Accept the feasibility report and set a public hearing date of March 12,2007 for the 2007 Street Reconstruction Project, Project No. 2007-0IC. H. Consideration of approving final payment and accepting improvements for extension of 7th Street from St. Henry's Church to CSAH 18 and Highland Way from 7th Street to CSAH 75, City Project No. 2004-02C. Recommendation: Accept the improvements and approve the final payment of$148,114.43 to Arcon Construction Co. Inc. for City Project No. 2004-02C contingent upon receipt of the final paperwork. 1. Consideration of approving Change Order No.1 for the 2005 Street Reconstruction Project, City Project No. 2005-0IC. Recommendation: Approve Change Order No. I for the 2005 Street Reconstruction Project in the amount of $12,935.20 to Knife River Corporation. J. Consideration of approving final payment and accepting improvements for the 2005 Street Reconstruction Program, Project No. 2005-01 C. Recommendation: Accept the improvements and approve final payment on the 2005 Street Reconstruction Program, in the amount of$71,318.03 to Knife River Corporation. K. Consideration of adopting a resolution to Wright County supporting authorization of a speed zone study on CSAH 18 between School Boulevard and CSAH 75. Recommendation: Move to adopt a resolution to Wright County supporting authorization of a speed zone study on CSAH 18 from School Boulevard to CSAH 75. L. Consideration of approving 2007 Parks Department Tree Program. Recommendation: Approve the 2007 tree program and authorize the reduced cost trees for the residents. 2 Council Minutes: 2/26/07 WAYNE MAYER MOVED TO APPROVE THE CONSENT AGENDA CONSISTING OF ITEMS #5A, #5B, #5C, #5D, #5E, #5H AND #5L. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent al!:enda for discussion. #5F Authorize EA W for proposed Mills Fleet Farm store: Jeff O'Neill explained the EA W is a way to define any environmental concerns relating to the 30 acre site lying south of Chelsea Road and west of the UMC building. The EA W will provide information necessary to determine whether the development should move forward. A deposit has been made with the City to cover the cost of the EA W. Susie Wojchouski asked if doing an EA W was the normal procedure for a large parcel of land. Jeff O'Neill said it was standard procedure adding that doing an EA W does not obligate the City to approve the rezoning. Clint Herbst stated the EA W and the rezoning are separate issues. City Attorney Tom Scott indicated that the City Council has considerable discretion on the matter of rezoning. There was some discussion on whether the EA W should be done before the rezoning. TOM PERRAULT MOVED TO AUTHORIZE PREP ARA TION OF AN ENVIRONMENTAL ASSESSMENT WORKSHEET RELATING TO THE PROPOSED DEVELOPMENT OF A MILLS FLEET FARM STORE. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED WITH SUSIE WOJCHOUSKI VOTING IN OPPOSITION. #5G Accept Feasibility Report and set Public Hearing Date for 2007 Street Reconstruction Project: Wayne Mayer was concerned about the proposed street widths indicated in the feasibility report. Currently River Street east of Craig Lane is 30'and he didn't feel it should be reduced to 28' as called for in the report. In addition Hillcrest Road and Hilltop Drive are being proposed for 26'. Wayne Mayer did not believe it was appropriate for the City to reduce their street width standards especially since the City has sufficient right-of-way in this area. Shibani Bisson responded that at the neighborhood meetings the street widths were discussed. They are looking at minimizing the impact of the proj ect and address the residents concerns. The fact that part of the road didn't carry as much traffic was another reason staff felt the street width could be reduced and they also wanted to keep the 5' boulevard area. Clint Herbst said there are areas where it is a tight fit to try to put in a sidewalk within the standard width street. He added that this is a redevelopment project and some adjustments have to be made. Shibani Bisson stated storm sewer is going in at the intersection of River Street and Hilltop Road but is not running the entire length of the street. Wayne Mayer asked about the sidewalk on River Street. Tom Moores and Tom Bose have looked at this and they indicated that if the street width was 30' the sidewalk would have to be jogged 1'-2' around one tree but otherwise the sidewalk would not be a problem. John Simola noted there is 66' of right-of-way in the area. 3 Council Minutes: 2/26/07 Tom Moores showed some pictures that illustrated the difficulty for snowplows and other emergency vehicles to travel on the narrower width streets when there is parking on both sides. The Council indicated that if the street was constructed to a narrower width, the City would restrict parking on the street. Tom Moores stated that the parking restriction was not made known to him. Clint Herbst reiterated when these reconstruction projects are done the City should be trying to minimize impact as much as possible. Brian Stumpf stated whether it was 26' or 28' feet parking would not be allowed on both sides of the street. There was also discussion on the number of "No Parking" signs that needed to be posted on the street. Some expressed their concern about a proliferation of signs and felt one or two well placed signs would be more appropriate. Wayne Mayer stated he would be flexible on the widths for Hillcrest Road and Hilltop Drive but he felt River Street should be kept at 30'. Clint Herbst mentioned there is 3' boulevard on Broadway. Tom Moores stated if the City went to 30' on River Street and cut the green space down to 3' it would still be adequate but he felt if they went to less than 30' the City should restrict the parking to one side. Tom Perrault asked if Hilltop Drive needed curb and gutter since it was not a heavily used road and also noted concern about the sidewalk going up towards the compost site as the overhead lines would make sidewalk placement difficult. Tom Perrault also pointed out that the proposed parking lot improvements for Hillcrest Park should be funded from the park fund. Wayne Mayer asked how much the feasibility report would change if the City changed River Street from 28' to 30'. Shibani Bisson indicated it would change the overall cost of the project but the proposed assessments would not change. WAYNE MAYER MOVED TO ACCEPT THE FEASIBILITY REPORT FOR THE 2007 STREET RECONSTRUCTION PROJECT AND ORDER THE PUBLIC HEARING FOR MARCH 12,2007 WHICH WOULD INCLUDE RIVER STREET FROM CRAIG LANE TO CSAH 75 BEING CHANGED FROM 28' TO 30'. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION SINCE HE FELT NARROWING THE STREET TO 28' WOULD HAVE MINIMUM IMPACT. #51 Change Order #1 for 2005 Street Reconstruction Project: Wayne Mayer questioned the request for an additional $13,000 for sodding/restoration. Was it something that the contractor bid wrong or did the City make some change to the project that required the additional work. The Council felt if the contractor bid something too low or omitted something in his bid that was not the City's fault. Tom Bose, construction observer, indicated that the amounts for sodding/restoration had increased from what was in the plans. WAYNE MAYER MOVED TO APPROVE CHANGE ORDER NO.1 IN THE AMOUNT OF $12,935.20 FOR KNIFE RIVER CORPORATION FOR THE 2005 STREET RECONSTRUCTION PROGRAM, PROJECT NO. 2005-OlC. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4 Council Minutes: 2/26/07 #5J Final payment and acceptance of improvements for 2005 Street Reconstruction Project: With the question of the change order resolved there was no further discussion of this item. WAYNE MAYER MOVED TO ACCEPT THE IMPROVEMENTS AND APPROVE THE FINAL PAYMENT OF $71,318.03 TO KNIFE RIVER CORPORATION FOR THE 2005 STREET RECONSTRUCTION PROGRAM, PROJECT NO. 2005-0lC. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5K Resolution supporting speed zone study on CSAH 18 between School Boulevard and CSAH 75. Wayne Mayer noted that there are three alternatives listed. One of which is to look at a different scope for the speed study. He noted that roundabout is signed for 15 mph, and on leaving the roundabout you are in an area of traffic lights so he didn't see why that area ofCSAH 18 was being considered as part of the speed study. Bruce Westby stated the County would like MnDOT to do a speed zone study on CSAH 18 from CSAH 75 in Monticello all the way to St. Michael. The reason for the request is that there have been a number of reconstruction projects that have taken place on the roadway. It was noted that the 15 mph on the roundabout is an advisory sign. The speed limit on CSAH 18 in Monticello is 45 mph. City staff did not feel a speed study on CSAH 18 east of Fenning Avenue would be a benefit but would more likely result in a speed increase to 50 mph. Brian Stumpf asked if MnDOT conducts all the City's traffic studies. Bruce Westby said the City could do an informal speed study but this is a county road and the County defers to MnDOT. The County would pay for the speed study. Brian Stumpf questioned whether the City should expand the scope of the study to include Chelsea Road. John Simola stated any speed study for Chelsea Road should be done as a separate request by the City. Wayne Mayer asked if there was any type of enforcement on advisory signs such as the 15 mph sign on the roundabout. Sheriff Gary Miller said the advisory signs are not enforceable. It was felt that if Eastview School opens up again the City should look at a pedestrian crossing in the area. BRIAN STUMPF MOVED TO ADOPT A RESOLUTION TO WRIGHT COUNTY SUPPORTING AUTHORIZATION OF A SPEED ZONE STUDY ON CSAH 18 FROM SCHOOL BOULEVARD TO CSAH 75. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Department Report: Police Department - Wril!:ht County Sheriff's Dept. This item was moved up on the agenda. Sheriff Gary Miller from Wright County was present to review current law enforcement activities in the City and answer questions from the Council. Sheriff Miller reviewed the annual report which covered the calls for the past five years. He said although there was an increase in the number of calls when you look at the increase in population over that same time, it showed a fairly stable number and actually the crime rate per 1000 over the last five years had decreased. Brian Stumpf asked about the traffic calls. Sheriff Miller noted that was a reflection of Council direction to increase patrols in specific areas. He also noted there were some changes 5 Council Minutes: 2/26/07 in coding on certain calls that impacted the numbers. He added that the Sheriffs Department puts their efforts into the areas that are requested by the community. Sheriff Miller stated that have been some change in the way they have done business with their contract cities. There are district offices are set up within the county including one in Monticello. He noted they are also experimenting with their reporting forms in attempt to come up with reports that are more useful in identifying where crime is taking place and trends in criminal activity. Wayne Mayer asked ifthe City requesting more traffic work is pulling away from other areas of enforcement. Sheriff Miller said it depends on how much discretionary time there is on patrol. The busiest time of day for calls for service is from 2 p.m. to 8 p.m. with a peak at 3 p.m. The City council should direct through the Police Commission what they want the Sheriff's Department to focus on. Clint Herbst asked if the Sheriff s Department had a feel for what is happening in the residential area of Monticello as compared to other communities. Sheriff Miller stated that was difficult to say. He said that activity causing a spike in crime can create the image of an unsafe area. So if an area was experiencing a number of break-ins it would be reflected in the numbers but once the perpetrators were caught the numbers would go back down. Wayne Mayer asked if they could add another category to their report which would cover those types of criminal activity that could be attributed to big box stores. Sheriff Miller said they are changing over their reporting system so right now it would be difficult to do that but hopefully that would change in the future. Sheriff Miller indicated that medical calls is a big area for service calls. The number one complaint the Sheriff's Department gets are about reckless driving with animal complaints being second. Sheriff Miller stated that while some may have the perception that crime has increased in Monticello the statistics do not bear that out. He stated there are 14 different factors that they look at in providing police coverage for their contract cities. Sheriff Miller asked as the City looks at expanding their facilities that they keep in mind the Sheriff's office. Eventually they would like to have an office for detective to work out of. He emphasized the Sheriff's Department is a very visible presence in the community. 7. Continued Public Hearinl! on adoption of revenue stabilization al!reement with Xcel Enerl!V. The public hearing was continued from the last meeting pending additional study by Council and staff. Legislation was introduced requesting an increase in the tax rate for utility facilities. This proposed legislation, if passed, would offset the decrease in market value for utilities. Jeff O'Neill reported that a law judge had ruled in favor of amending the tax laws for utilities which would result in a drop in market value for Xcel Energy.. Representatives from the City did attend a hearing at the capital on the proposed legislation to increase the tax rate for utility companies. This provided an opportunity to hear from other cities with utility facilities as well as representative from the Coalition of Utility Cities. 6 Council Minutes: 2/26/07 Of the communities with utility facilities only Red Wing and Goodhue County have signed stabilization agreements with Xcel Energy. The Council reviewed reasons to consider entering into the stabilization agreement but indicated there were some equally valid reasons to table action on the stabilization agreement. Clint Herbst felt that while the presence ofXcel in the community had positive impacts, there were negative impacts as well. He felt tabling the item would allow additional time for something to happen at the legislature. Brian Stumpf asked at what point does the City stop tabling action on the agreement. If the City does not enter into the agreement what is the impact of that. City Attorney Tom Scott indicated in this instance there is no time limit on how often Council could table action. Susie Wojchouski stated the legislation is still moving forward but there is no guarantee that the legislation will pass both house and senate. Clint Herbst said he failed to understand why Xcel Energy wouldn't clarify some of the items of the agreement. He stated that Monticello was given the identical agreement that Red Wing received even though he felt that each community's situation was unique. It was pointed out that the school district will lose $308,000 from the change in valuation for Xcel Energy and it was questioned what the steps the school will take to handle the impact of that. WAYNE MAYER MOVED TO TABLE ACTION ON THE REVENUE STABILIZATION AGREEMENT WITH THE UNDERSTANDING THAT IF EVENTS DICTATE, THE CITY WOULD CALL A SPECIAL MEETING TO ACT ON IT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Jeff O'Neill asked if the Council would be interested in adopting a resolution supporting the legislation and outlining reasons for their support. The Council indicated if a resolution was drafted they would consider it at the next meeting. 9. Consideration of needs study for Public Works Department and authorization to request proposals. Public Works Department staff and the City Administrator reviewed the building needs for the department. The earlier request for proposal was revised and was being submitted for Council review. The biggest change from the earlier proposal was that the reservoir site was being excluded. A portion of the reservoir site is proposed to be used for ponding. The reservoir site would also be the site of a future water treatment plant. The proposed study would cover two items: I) Staying where they are and expanding at that site with the land across the street being utilized or 2) moving to a new site. If approved, the request for proposals would be submitted to the same firms that applied last time. $35,000 was budgeted for the study. John Simola stated that the present layout creates a lot of inefficiencies in their operation. They would like to have a plan in place that would meet the immediate needs but also look long range for the needs ofthe department. John Simola said if they looked at the site ofthe existing facility including the land to the south, it may accommodate them for another 20 7 Council Minutes: 2/26/07 years. Another possibility would be to have an architect look at what is needed take the City 40 years down the road. The Council discussed Outlot A of Country Club Manor which the City owns. This parcel is approximately 16 acres. Clint Herbst felt Outlot A would be a good site. He stated did not want the Public Works to encroach into the residential area adjacent to their existing site. Brian Stumpffelt the existing Public Works site should be studied. Susie Wojchouski stated that residents in the area of the existing facility were not opposed to the Public works expansion in the area. She added that as County Road 39 continues to carry more traffic that makes it a less desirable area for residential. She felt the current site was a good one to look . at as well. Outlot A has visibility from the freeway so there is a concern that whatever is put there is attractive. Clint Herbst felt the present Public Works site might be utilized as an interim site. Brian Stumpf would like to look at the existing site but didn't feel there should be expansion across the street. Clint Herbst asked what would have to change on the present site to allow them to continue to use the facility for another 5-10 years. He suggested upgrading the existing site and allow parking to the south and then look at 1-2 other sites for the long term plan. Wayne Mayer felt with the specifications that John Simola had prepared the City did not need a study but could get an architect to come up with a plan. John Simola felt it would be wrong not to have a long term plan. There was continued discussion on the pros of cons and the existing site and Outlot A as well as discussion on how much should be invested in an interim solution. Clint Herbst suggested tabling this until the next meeting and hold a special meeting prior to the regular meeting to look at the existing site. TOM PERRAULT MOVE TO TABLE THE NEEDS STUDY FOR THE PUBLIC WORKS DEPARTMENT AND TO SCHEDULE A SPECIAL MEETING FOR 5:30 P.M. ON MARCH 12, 2007 AT THE PUBLIC WORKS BUILDING TO REVIEW THE EXISTING FACILITY AND SITE. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Review of plans and specifications for repaintiDl!: of Monte Hill Water tank and discussion of 1020 for tank. John Simola submitted plans and specifications for the repainting of the Monte Hill water tank. The tank has the original coating on both the inside and outside. The new coating would be a clear coat system like the one on the new tower. John Simola indicated that some work would have to be done to bring tower up to grade. This includes some additional venting and rernoval of the existing cathodic protection system. It is proposed to have painting done during July with an option for a fall painting to be bid as an alternate. John Simola talked abut the containment risk during the sandblasting process. 8 Council Minutes: 2/26/07 John Simola submitted drawings of proposed logos for the tower. Clint Herbst felt since the logo is not readily visible, nothing should be on the tower other than what is on it now (the word "Monticello" ) and other Councilmembers agreed. Brian Stumpf asked ifthey checked references on the contractors who submit bids. John Simola stated there are not many contractors who do tower painting. Staff is talking about having something in the bids about contractors who have paid liquidated damages. The color selection for the tower will come back to the Council at a later date. TOM PERRAULT TO MODIFY THE PLANS AND SPECIFICATIONS FOR REPAINTING OF THE MONTE HILL WATER TANK TO HAVE A FALL PAINTING BID AS AN ALTERNATE AND TO HAVE THE LOGO DESIGN REMAIN AS IT IS CURRENTLY. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Item: Brian Sturnpf stated he had talked to consulting engineer, Bret Weiss about the timing for the signal lights on TH 25 and they were adjusted. Now it appears that signal lights had returned to their original settings. Bret Weiss said he would check with MnDOT but Bret Weiss never followed up with him regarding his discussion with MnDOT. Bruce Westby stated he would be meeting with MnDOT on Tuesday, February 2ib and would bring this matter up. 11. Approve pavment of bills for Februarv. Susie Wojchouski asked about the 2007 Chamber of Commerce dues. The amount shown did not appear to be correct. It was noted that this amount was the Fire Department dues not the City Hall. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS FOR FEBRUARY. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Adiourn. The meeting was adjourned at 9:45 p.m. 'JOA>>"'" ~.A.OS ::'v--v~ Recording Secretary 9