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City Council Minutes 11-26-2007 Council Minutes: 11126/07 l\flNUTES REGULAR MEETING ~ MONTICELLO CITY COUNCIL Monday November 26, 2007 -7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski Members Absent: None l. Call to Order and Pledl!:e of Allee:ianee Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge ofAlIegiancc was said. 2A. Aporove minutes of November 13. 2007 Rel!:ular Council meetinl!. BRIAN STUMPF MOVED TO APPROVE THE MTNUTES OF THE NOVEMBER 13, 2007 REGULAR COUNCIL MEETING AS PRESENTED. TOM PERRAULT SECONDED THE MOTION, MOTION CARRIED WITH SUSIE WOJCHOUSKI ABST AfNING. 2B. Approve minutes of November 13. 2007 Special Council meetinl!: - 2008 Budl!et WAYNE MAYER MOVED TO APPROVE THE MI!\'UTES OF THE NOVEMBER 13, 2007 SPECIAL COUNCIL MEETING RELATING TO THE 2008 BUDGET. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH SUSIE WOJCHOUSKI ABSTAINING. 3. Consideration of addlnl! Items to the al!enda. The following items were added to the agenda: 1) Fiber Optic Updale; 2) Scheduling of special meeting relating to pay equity; and 3) 2008Budget. Brian Stumpf asked that agenda items #12 and #13 relating to the change order and final payment for City Project No. 2004-01C and 2005-05C be added to the consent agenda as items #5D and #5E. 4. Citizen comments. petitions. requests and concerns. Dan Lemm, 11380 Cameron Avenue, questioned why the City does not have all the building plansldrawings ina digital version. 5. ConsentA2cnda: A. Consideration of ratifying hires and departures MCC, Liquor Store and Parks. Recommendation; Ratify the hires and departures as identified. B. Consideration to approve the first reading ofthc Ordinance Relating to the Division of Economic Development, Redevelopment and Housing Powers between the Economic Development Authority and the Housing and Redevelopment Authority; Repealing City Code, Title IJ, Chapter 3. Recommendation: Approve the first reading of the Ordinance I CouncilMinutcs:ll/26107 relating to the Division of Economic Development, Redevelopment and Housing powers between the Economic Development Authority and the Housing and Redevelopment Authority; repealing City Code, Title II, Chapter 3. C. Dc1etion/creation of special revenue fimds. Recommendation: Approve the elimination of the Street Reconstruction Fund (Fund 211) and the Parks - Administration and Maintenance Fund (Fund 225) and the creation of the D:MV Fund and approve the transter of the Parks - Administration and Maintenance Fund's fund balance to the Parks and Pathway Dedication Fund and transfer from the General Fund the balance of DMV revenues for the last three years as a beginning fund balance for theD:MV Fund. D. Consideration of approving Change Order No.4 for the Extension of Meadow Oak Avenue from the current termini to CSAH 18, City Project No. 2005-05C and the Reconstruction ofa segment ofCSAH 18 and CSAH 39 for the CSAH 18iI-94 Interchange Project, City Project No. 2004-01 C. Recommendation: Approve Change Order No.4 for City Project No. 2005.05C and No. 2004-OlC in the amount of$9,053.17 forR. L. Larson Excavating, Tnc. E. Consideralion ofappro~ing final pa)'Il1ent and accepting improvements for the Extension of Meadow Oak Avenue from the current termini to CSAH 18, City Project No. Z005-05C and the Reconstruction ofa segment ofCSAH 18 andCSAH 39 for theCSAH 1811-94 Interchange Project, City Project No. 2004-IC. Rl'i:ommendation: Accept the improvements and approve the final payment in the amonnt of$126,089.58 to R.L. Larson Excavating for City Project No. 2005-05C and No. 2004-01C contingent upon receipt of the final paperwork. BRIAN STUMPF MOVED TO APPROVE THE CO~SENT AGENDA OF ITEMS #5A, #5B, #5D AND #5E. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of Items removed fcom the consent 8l!!enda foc discussion. #5C Elimination/Creation o/Special Revenue Funds: Wayne Mayer questioned appropriating $250,000 for the beginning fimd balance for the DMV. He suggested instead of transferring the balance from thelasl three years, that they look at using the balance forjusl t he last two years or even just one year. Tom Kelly suggested transferring at least $75,000 to start. Tom Kelly talked about the street reconstruction fund and wanted to know what the Council intended as far as this fund. Iflhe Council's intent is to le~y 5500,000 evary year and use it each year then this should be set up as a capital fund. !fit is to be spent as projects come up, then it would make sense to leav eit as a special fund. Tom Kelly asked if the street lighting franchise fee is just to cover new street lighting or ifit is also for operation and maintenanee of existing lighting. The Council indicated that the street reconstruction fund should be kept as a separate fimd as the City will levy funds every year so there is a reserve available to do the next phase. The street lighting franchise fee is for new lighting projects. WATIE MAYER MOVED THAT THE STREET RECONSTRUCTION FUND REMAIN AS A SPEClALFUND (FUND 212); APPROVE THE ELIMINATION OF THE PARKS ADMINISTRATION AND MAINENANCE FUND (FUND 225); CREATE A SPECIAL 2 Coun"iIMinute" lli26107 REVENUE FUND FOR THE STREET L1GHTNG FRA:"ICHISE FEE AND THE CREATION OF THE DMV FUND WITH A TRANSFER OF $75,000 FROM THE GENERAL FUND AS THE BEGINNING FUND BALA:-lCE FOR THE DMV Fl;ND, SUSIE WOJCHOUSKI SECONDED THE MOTIO:"l. MOTION CARRIED UNANIMOUSLY. 7. Consideration of authorizinl! purchase and Installation ofheadlil!ht screenine fence for Lots 15- 26. Block 4. Grovelaud 4th Addition. Previously staff was directed to poll the affected residents to see ifthere were interested in having a fence installed on thcir property to provide screening from the headlights coming from the River City Lanes site. Bruce Westby stated in discussion with River City Lanes. they have indicated they are now willing to have the fence erected on the River City Lanes site rather than on the residential property. They also indicated they would maintain the fence and contribute 1/3 of the cost up to $9.300 with the cost participation to take place after the business has be en in operation for a period of time and cash flows arecstahlished. Bruce Westby felt placing the fence on the River City Lanes site is the best option as it reduces the cost and the number of parties the City would be dealing with, Bruce We,tby added that at a previous meeting Sean Fogarty had indicated the existing trees provided adequat escreening. Since that time the leaves are off the trees and he now feels the fence should be extended approximately IOOfcc!. The City received three quotes on the fencing material with Authority Fence and Decks having the low quote of$27,950. Ifthc Council approves extending the fence for the Fogarty property that would add another $4,000 to the contract price. The quote is for white fencing material but the company also has the fence available in tan which would add another $2,500 to the contract. The Council felt the white fencing material is satisfactory. Brian Stumpf noted that one of the property o"illers in the area had written a letter to the paper which he felt conveyed a misperception about the project. Wayne Mayer stated that he wished the public would contact Counci]members if they are not clear on what the Council's action is. W AYNE MAYER MOVED TO AUTHORIZE THE PURCHASE AND INSTALLATION OF 704 LINEAR FEET OF 6 FOOT TALL WHITE VINYL PRIVACY FENCING FROM AUTHORITY FENCE AND DECKS, INC. TO BE INSTALLED ON TIlE RIVER CITY LANES SITE AND TO MODIFY THE CO:"lTRACT TO INCLUDE EXTENSION OF THE FENCING FOR LOT 26, WITH RIVER CITY EXTREME TO PICK UP 1/3 OF THE COST UP TO $9,300_ SUSIE WOJCHOUSKI SECONDED THE MOTIO:"/. MOTION CARRIED UNANIM:OUSL y, Clint Herbst suggested the legal counsel prepare an agreement with River City Extreme covering their participation in this project. Bruce Westby advised the Council tnat staffis working on an amendment to the ordinance relating to the buffer yard provision. 8. Review of Walt's Pawn Shop compliance with ordinance and consideration of request for pawn ShOD license aDolicatiou bv Michael Helm. Previously the Council had tabled action on the application because the site was not in compliance with the terms ofthcir conditional use permit. leffO'Neill noted that a lot of progress had been 3 Council Minulc" 11126/07 made in that regard and added that an inspection ofthc sitcrevealed some changes in the way the 8ite was bcing used. JeffO':\[eil1 brought up the wire running aleng thc top of the fence. Since this is a conditional use permit the Council could require that the wire be removed. He also noted that two motor home8 are parked in the outdoor display area and take up more space than what is allowed under the conditional use pennit. There are items displayed on the loading dock that should be removed bccause that area is supposed to be free of items according to the conditional use permit. Brian Stumpf asked why the City would approve an off site storage site ifit is out ofthc city. Joel Jamniksaidtheordinanceprovidesthattheplaceofbusines8beinthecity. If the City can't check places outside the City, the applicant would move items off-site Illld thus eliminate inspection of pawned materials. Brian Stumpf asked aboLlt reporting requirements being adhered to. Joel Jamnik said the applicant has cleared a background check. Other than checking, there is no other way ofassuringthut there is compliance. Brian Srumpf noted that the applicant has taken ccrtain steps to bring the site into compliance and felt the applicaot should be given the opportunity to bring t he site into compliance. Mike Helm responded that the fencing t}1Je was seleded beca\L<;e it matched the building better. As far as the item8 on the loading dock, it i8 not being used for outdoor storage but for bringing items out for display and saie. He is trying to bring the 8ite into compliance and is not sure what else needs to be donc in that regard. Clint Herbst suggestcd that Mikc Helm meet with Gary Ander80n the Building Official and go over the site for items that were in violation. There is a sitc plan that shows where outdoor sales and storage can be held. Wayne Mayer asked about approving this license on a monthly basis a8 was done with the previou8 O'Wller. Joel Jamnik recommended issuing the license and doing thc inspections necessary to ensure compliancc. The past practice of the monthly renewal was merited becau8e of the action8 of the previolL<; O'Wller and should not he applied to the new owner unless he shows a pattern of non- complillllce. WayncMaycraddressedtheloadingdoekarcanotingmanystorestakemerehandi8eoutdoors during the day and bring it in at night. Wayne Mayer questioned whether thc dimensions of the loading dock would allow storage/display of items or if there were safety issues to be considercd. BRIAN STUMPF MOVED TO APPROVE THE PAWNSHOP LICENSE APPLICA nON FROM MICHAEL HELM FOR WALT'S PAWN SHOP AT 1219TII25. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED U:-.!ANIMOUSL Y. BRIAN S'TI.NPF MOVED TO APPROVE THE OFF-SITE STORAGE FACILITY AT 12081 165TIl STREET, BECKER, MrnNESOTA. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED Ul'iANL\10USLY. Jeff O'Neill asked whether the Council wanted the wirc removed. Wayne Mayer felt the wire helped with securityofthe site and was not a violation of the code. 4 Council Minutes: 11/20/07 9. Consideration of aoorovinl! assessments ~overed under development llueements/assessment llueemenb. Tom Kelly stated there are three assessments covered under assessment/development agreements that are proposed to be certified to thc County Auditor for collection with 2008 taxes. The assessments are trunk charges and development fees for Pineview development; trunk: charges and street assessment fOT River City Extreme; and improvements fur the interchange that 1>.,11 be assessed to the proposed Mills Fleet Farm Addition. SUSIE WOJCHOUSKl MOVED TO ADOPT A RESOLUTION ADOPTTNG THE ASSESSMENTS FOR PINEVEW DEVELOPMENT, RIVER CITY EXTREME AND THE PROPOSED MILLS FLEET FARM ADDITION. TOM PERRAULT SECONDED THE MOTTON. MOTION CARRIED UNk'JIMOUSLY. 10. Consideration of lloprovinl!: plans and specifications for biosolid stOTll2e tank mixers and authorization to advertise for bids. Jolm Simola said in previous action on the biosolids project, the Council approved proceeding with the mixers for the biosolids storage tank and the vehicle storage building. Paul Stafford from Bolton :Menk: gave a combined presentation on the two projects Thevehiclestoragebuildingisa3baygarageandisspeciticallydesignedforthebiolsolids application equipment. The building design was reviewed. It is proposed to award bids on January 28, 2008 and have the project completed by September of2008 at an estima tedeostof$405,000. The bid for the two mixenl wiil be awarded January 28, 2008 and should be constructed by August of 2008. The schedule depend8 on how soon the mixers can be delivered to the site. The mixers portion of the project is estimated to C08t $437,000, Clint Herbst asked if the vehicle storage building was highly visible. John Simola indicated it was not. Clint Herbst asked whether the City could take a cheaper route on construction of the building. SusieWojehouski asked if there was a reason forgoing with masonry. Paul Stafford indicated that was the material that the biosolid building would be constru<.-ied of. Paul Stafford said thc City could bid building with an option for either masonry or steel. Wayne Mayer questioned the finaneing. Tom Kelly stated that $900,000 is being allotted from the upcoming bond sale for the mixers and vehicle storage building and this portion of the bond debt will be paid back from sewer funds. TOM PERRAULT MOVED TO APPROVE THE PLANS AND SPECIFICATIONS FOR THE BIOSOLlDS STORAGE TANK/DIGESTER MIXERS AND AUTHORIZE BOLTON & MENK TO ADVERTISE FOR BIDS BASED CPON THE PROPOSED SCHEDULE. SUSIE WOJCHOUSKJ SECONDED THE MOTION. MOTION CARRIED lNANIMOUSLY. 11. Consideration of approval of plans and snecifications for the vehicle storal!e buildin2 for the 'WWTP City Pro/eet No. 2007-J 9C aud authorization to advertise for bids. SUSIE WOJCHOUSKIMOVED TO APPROVE THE PLANS AND SPECIFICATIONS AND 5 CounciIMinu",,,jl/26i07 AUTHORIZE BOL TOK & ME:'\IK TO ADVERTISE FORBIDS FOR THE VEHICLE STORAGE BUILDING BASED UPON THE PROPOSED SCHEDULE WITH THE PROJECT TO BE BID WITH AN OPTION FOR MASONRY OR STEEL. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Consideration of aopro,'ine Chaoec Order No.4 for the Extension of Mcadow Oak Avenue from the current termini to CSAH 18. Citv Projcct No. ZOOS-OSC and the Reconstruction of II seement of CSAH III and CSAH 39 for the CSAH 18/1-94 Interman!!e Proiect. CIl\' Project No. 2004-01C. Moved to the consent agenda and approved. 13. Consideration of aoprovinl! f'maj payment and acceptinl! improvements for the Extension of Mcadow Oak Avenue from the current termini to CSAH 18. Cll\' Proiect No. 200S-0SC and the Reconstruction of a SCl!mcnt of CSAH III and CSAH 39 for the CSAH 18/1-94 lnterchanl!e Proiect.CitvProiectNo.2004-01C. Moved to the consent agenda and approved. 14. Consideration of authorizinl! issuance of bonds. A. 2007 General Obligation Bonds: Tom Kelly explaincd the 2007 general obligations bonds will cover the 2007 Core Street Project. Cedar StreetlDundas Road Project, Chelsea RoadlFallon Avenue Project, mixers and vehicle storage building and refunding of the 2000A general obligation bond. Todd Hagen from Ehlers & Associates reviewed the pre-sale report. On the 2000Abond issue he noted the interest rate is 5.15% to 5.65% and he believes that the new bond issue will have a lowcrinterest rate which they anticipate to be about 4%. The bond sale is set for December 10, 2007, It is not anticipatcdthatalevyforthebonddebtwouJdbeincludedfor2008sineethebudget has already been set. BRIAN STUMPF MOVED TO ADOPT A RESOLUTION PROVIDING FOR THE SALE OF $6,360,000 GENERAL OBLIGATIONS BONDS, SERIES 2007. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, B. EDA - Public Project Revenue Rcfimding Bonds: The HRA bond issue is for the MCC/City bonds. Refinancing this bond issue could result in savings of$180,000. The HRA bond would not affed the City's bond rating. SUSIE WOJCHOUSKI MOVED TO SUPPORT THE EDA IN THEIR ACTION TO PROCEED WITH THE REFINANCING OF REVENUE BOND SERIES 2000A. TO~ PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6 Council Minutcs: 11/26/07 15. Consideration to prepare a chanl!e order for Gradinl! and Drainal!c Improvements at the Monticello Middle School Pond and Appurtenant Work. City of Monticello Proiect No. 2006-15C. Bret Weiss reviewed the C<.lntents of Change Order #1 and Change Order #2. Change Order #2 covered additional excavating at the Middle school pond. This pond was e xpandcdto accommodate the need which otherwise would have to be met by the pond at the reservoir. There was discussion of some upcoming change orders on other project including <.lne on Chelsea Road/Fallon Avenue, City Project No. 2006-31C. Susie Wojehouski asked what the engineers found iu their review ofthe grade on UMC's property. Bret Weiss said the grade was Ilotthe finished grade. Since that time the grade has been sllloothed out but since theyhavc not becn in touch with Mr. Tomann it is not known ifhe is satisfied with the work. TOM PERRAULT MOVED TO APPROVE CHANGE ORDER NO. 21N THE AMOUNT OF $67,457.37 FOR MOTZKO COMPANIES FOR CITY PROJECT ;\10. 2006-09C, GRADING AND DRAINAGE IMPROVEMENTS AT THE MO]\''TICELLO MIDDLE SCHOOL POND. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 16. Consideration of establisrnnl! interview dates for the EDA Commission candidates. Ollie Koropchak reported that three members that were formerly on the EDA or HRA had expressed interest in serving on the newly formed EDA. In addition she has received two applications thus far for the open positions. She asked if the full Council wanted to participate in the interview process_ Clint Herbst told her that she should select a date and those Council members who could make it would participate. Clint Herbst felt it was appropriate to reappoint the commission members who expressed their interest in serving on the new hoard. Clint Herbst said with lhe three commission members and the two Council representatives that would comprise a board oftive members which could be a quorum and could conduct the necessary business. Once the deadline passes for applications and the interview of the applicants i s completed the remaining two members wlll be appointed to the EDA. The five members can be appointed at the De<;ember 10, 2007 Council meeting and the other two members at the January 14, 2008 meeting. The new EDA Conunission will try to schedule a meeting in December. 17. Considcration of Rcvicwinl!: Policy for Applvinl! Surcharl!:e to Fund Costs Associated with providinl!: boosted watcr prcssurc-Monti Hlll area. Clint Herbst stated that some of the Council had received calls about the disparity in water rates in those areas that had a booster statioo. John Simolasaid when it was setup originally the booster station was done in two phases with the developer paying for the 00 nstructionthrough assessments based on acreage. The idea of the booster rate was to take care of the repair and maintenance of the booster pump. Originally they discussed a surcharge, a flat rate that would bc assigned but it was felt that would not bc fair. In 2001 a rate was established and this rate was increased every year when other fees were increased. John Simola said they are working on coming up with fib'lll"es to show whether the rate could be rolled back. The booster rate generates approximately $50,000 a year in revenue. There was some discussion on whether thc fcc shouldbc a flat rate or based on consumption. Staffwillbebringingbackllloredetailed 7 Council Minutes: l1i26i07 infonnation on the revenue generated and operation and maintenance expenses. Fro mthat information the COWl<..il hopes to determine the best option for setting the booster rate. BRIAN SThlYlPF MOVED TO TABLE THIS ITEM TO ALLOW STAFF TIME FOR PREPARATION OF ADDITIONAL INFORMATION. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Items: Fiber Optics: Wayne Mayer noted there will he a groWldbreaking in the area of7'" Street and Minnesota fur the fiber optic installation. Staffwillconfirmdateandtime. Pay Equity: Staff would like to schedule a spedal meeting of the City Council to discuss the preliminary report from Sherie Le on pay equity. It was suggested this meeting be held after the Truth in Taxation meeting on December 4, 2007. Budget: Tom Perrault expressed his concerns about the tax increases the residents will be seeing and he would like to see additional cuts made in the 2008 budget. Wayne Mayer responded that the City has to keep in mind what needs to be done. Tom Perrault felt that the budget should reflect what is truly needcd and not what is wanted. Snowplowing: Clint Herbst had comments en the condition efthe roundabout after the snowfall and asked Public Works to kecp an'0e onit. 18. Consideration of aPDrovinf! payment ofbilh for Novembef. 2007. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 19. Ad1ourn. TOM PERRAULT MOVED TO ADJOURN THE MEETING AT 8:50 P.M. SUSIE WOJCHOUSKT SECONDED THE MOTION. MOTION CARRIED UNANTIvrOUSLY. Uc.u....'-v-, .~ JvQS~~ RecordingSccretary 8