City Council Minutes 03-10-2008Council Minutes: 3/10/08
MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday March 10, 2008 - 7 p.m.
Members Present: Clint Herbst, Wayne Mayer, and Brian Stumpf.
Members Absent: Tom Perrault and Susie Wojchouski
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.
2. Approve minutes of February 25, 2008 Regular Council meeting.
Since Brian Stumpf was not present at the February 25, 2008 meeting and would need to
abstain from voting on the minutes, there was not a quorum to act on the minutes. Action on
the minutes was tabled until the next meeting.
3. Consideration of adding items to the agenda.
Brian Stumpf indicated he had received several telephone calls from residents in the 6th
Street/Vine Street area regarding a petition that was sent to the City Council. This matter will
be addressed by the City at their March 24, 2008 meeting.
Wayne Mayer added a discussion of the traffic signals along CSAH 18 from School
Boulevard to CSAH 75.
Tom Kelly, Finance Director, added the hiring of a part-time Payroll/Finance Clerk and the
hiring of a Senior Accountant. The Council placed these two items on the consent agenda.
4. Citizen comments etitians re uests and concerns.
No one spoke under citizens comments.
5. Consent Agenda:
A. Consideration of ratifying new hires and departures for MCC. Recommendation:
Ratify hires and departures as identified.
B. Consideration of adding liquor provider to MCC list of providers for 2008-2009.
Recommendation: Approve Red's Cafe from Montrose, Minnesota as an approved
provider for the MCC for 2008-2009.
C. Consideration of approval of a resolution updating Municipal State Aid Street (MSAS)
system for the City of Monticello. Recommendation: Adopt Resolution 2008-24
removing Highland Way from the MSAS system and designating a portion of Cedar
Street and 4th Street as MSAS additions for the year 2008. Res. #2008-24.
Council Minutes: 3/10/08
D. Consideration of acceptance of work and approving final payment for River Mill
Pathway Improvements, City Project No. 2006-30C. Recommendation: Accept the
improvements and approve the final payment of $4,984.74 to Knife River contingent
upon receipt of the final paperwork. Res. #2008-26
E. Consideration of approving contribution from VFW Post 8731. Recommendation:
Approve the contribution. and authorize use of funds as specified. Res. #2008-23.
F. Consideration of approving transfer of liquor license for Jala Penos Bar and Grill.
Recommendation: Approve the transfer of the an-sale liquor license for Jala Penos
from 350 Cedar Street to 512 Highway 25 South contingent upon the City receiving a
revised certificate of insurance reflecting the address change.
G. Consideration of approval of a resolution requesting a speed study on Broadway Street
East of CSAH 18. Recommendation: Adopt Resolution #2008-25 requesting the
speed study. Res. #2008-25.
H. Consideration of hiring a part-time Payroll Finance Clerk. Recommendation:
Approve the hiring of Heidi Eckerman for the part-time Payroll/Finance Clerk.
I. Consideration of hiring Senior Accountant position. Recommendation: Approve the
hiring of Karri Thorsten for the Senior Accountant position.
In connection with the speed study, Brian Stumpf wanted to know how MnDOT was coming
along with the work on the traffic study along TH 25. City Engineer, Bruce Westby said the
City is doing the traffic modeling using data from MnDOT. Monticello will be working with
Big Lake on a regional level to see what can be done about TH 25. He noted the speed study
on the agenda covers just that segment of Broadway lying between CSAH 18 and Meadow
Oak Avenue. Clint Herbst asked about the timing of the speed study noting that it was
proposed that MnDOT would be doing some work in the area and that the old ramps maybe
opened up again which would change the traffic flaws. Bruce Westby acknowledged that the
question had been posed to MnDOT who felt the study should be done at this time. Clint
Herbst asked about the time frame for TH 25. Bruce Westby stated the City will be meeting
with Chuck Rickart from WSB this week to get a plan in place to present to MnDOT. Brian
Stumpf asked if there was a cast for MnDOT doing the speed study. Bruce Westby responded
there is no charged for doing the speed study. Brian Stumpf felt one other area that might
require a speed study would be an Chelsea Raad from Fallon Avenue to TH 25 where the
speed varies from 4S mph to 30 mph. Bruce Westby indicated when the construction is
completed, which should be this summer, a speed study will be done.
BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE
ADDITION OF ITEMS #SH AND #SI, HIRING OF PERSONNEL FOR THE FINANCE
DEPARTMENT. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY. 3-0.
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6. Consideration of items removed from the consent agenda for discussion.
None.
7. Consideration of waiving all or a portion of the City's fees for the Habitat for Humanity
home. ~ T
Finance Director, Tom Kelly provided information he had received from other communities
regarding city contributions for Habitat for Humanity. The responses he received ranged
from not waiving any of the fees to waiving all or a portion of the fees.
Wayne Mayer asked if there was something the EDA could do to assist. Ollie Koropchak,
Economic Development Director, said there were instances where as part of the land cost
write down, the trunk fees were waived. It was something the EDA could look at. She added
that the EDA would be meeting on March 12th and this could be added to their agenda if the
Council wished. Ollie Korapchak felt that if it was something the EDA would consider it
would be best to establish criteria so that if other similar cases came up they could be
evaluated based on the criteria established.
Susan Biasco, 19551 207th Street NW, Big Lake, representing Habitat for Humanity informed
the Council that Habitat for Humanity has to have all their funds secured before they can start
construction. They anticipate construction to start in May. Susan Biasco stated the house is
being built for a family who otherwise would not be able to afford housing in Monticello.
Most of the families who have moved into the approximately 50 houses built by Habitat for
Humanity for Central Minnesota have remained in the homes. They pay taxes to the
community they live in and shop in the community. In further discussion of the fees, Wayne
Mayer suggested waiving fees in an amount that would be equivalent to one year of taxes.
Clint Herbst suggested a portion or the entire building permit fee and plan check fee could be
waived.
WAYNE MAYER MOVED TO APPROVE A $1,500 REDUCTION IN THE BUILDING
PERMIT FEES FOR THE HOME PROPOSED TO BE CONSTRUCTED BY HABITAT
FOR HUMANITY. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY. 3-0
8. Consideration of awarding bids on the 2008 G. O. Sewer Revenue RefundfnQ Bonds.
Finance Director, Tom Kelly reported that the bonds were not issued. The subprime
mortgage problem hit the bond market hard and the rates were such that the City's proposed
savings in refinancing the bonds dropped from $385,000 to $100,000. Ehlers & Associates,
the City's financial consultants, prepared a resolution that if approved would allow the Mayor
and Finance Director to go forward with the bond sale when the interest rates were more
conducive.
WAYNE MAYER MOVED TO APPROVE THE RESOLUTION AUTHORIZING THE
MAYOR AND THE FINANCE DIRECTOR TO PROCEED WITH THE ISSUANCE OF
THE BONDS AT THAT TIME WHEN THE BOND CAN BE ISSUED AT A TRUE
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INTEREST RATE NO HIGHER THAN 3.40% PER ANNUM. BRIAN STUMPF
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3-0.
9. Consideration of aggrovin~ Change Order No. 1 for Chelsea Road Reconstruction
Proiect, City Proiect No. 2006-31C
Shibani Bisson from WSB explained that change order consisted of two parts. One part
covered the turn lanes and utility connections required for the Mills Fleet Farm site. The
other part of the change order related to construction changes that had to be done because the
location of a 21 inch watermain was not laid out as shown in the City's record drawings.
Shibani Bisson noted the costs covered by this change order had been included in the amounts
that were assessed in the fall of 2007. The approximately $69,000 in work for the Mills Fleet
Farm site has been approved by the engineer for Mills Fleet Farm and was included in the
assessments. The total amount of the change order is $88,495.38.
Clint Herbst questioned the $168 charge for replacing a mailbox and wonder if the other items
were also inflated in value. Shibani Bisson stated that each item had been reviewed and
negotiated with the contractor.
BRIAN STUMPF MOVED TO APPROVE CHANGE ORDER NO. 1 IN THE AMOUNT
OF $88,495.38 FOR LATOUR CONSTRUCTION FOR THE CHELSEA ROAD
RECONSTRUCTION PROJECT, CITY FROJECT NO. 2006-31 C.
Wayne Mayer questioned the reconstruction of the service lines. John Simola stated this line
was put in by a private developer and his contractor and there were no as-builts for the
project.
WAYNE MAYER THEN SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY. 3-0.
10. Consideration of re lacin 19$5 MT Trackless versatile sidewalk/ athwa machine.
Tom Fawelk, Parks Superintendent was asking the Council to consider replacing the 1985 MT
Trackless which because of safety issues is no longer being used. They are proposing to
obtain a used 1999 MT Trackless from MacQueen Equipment for $31,950. $30,000 was
included in the 2008 budget and the remaining $1,950 would came from the sale of the 1985
MT Trackless. The 1999 MT Trackless had been used by the City of Plymouth and then
refurbished by MacQueen Equipment.
Clint Herbst asked about the number of hours on the two pieces. Tom Pawelk indicated that
the 1985 MT Trackless had 68,000 hours and the 1999 MT Trackless had 11,600 hours. The
City of Plymouth replaces their equipment every seven years regardless of condition which
was why this piece was available. Public Works Director, Jahn Sirnala noted that the MT
Trackless was the only piece of equipment they had that would take care of snow removal on
bath the 4' and 6' wide sidewalks. Wayne Mayer asked how long they expected the 1999 MT
to last. Tom Pawelk thought the City should be able to get ten years out of it.
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Council Minutes: 3/LO/08
WAYNE MAYER MOVED TO PURCHASE THE USED 1999 MT TRACKLESS FROM
MACQUEEEN EQUIPMENT FOR THE SUM OF $31,950,000 INCLUDING SALES TAX
AND TO SELLL THE 1985 MT 3 TRACKLESS OUTRIGHT TO RECOVER THE COST
OF SALES TAX. BRIAN STUMFF SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY. 3-0.
11. Consideration to a rave a re uest for final lat and a re uest for rezanin from B-3
Hi hwa Business to B-~4 Re 'oval Business District for the ra osed Jer Hartun
Addition and consideration of related assessment a reement and resolution. A licant:
SB 22,,,,LLC/Mike I{rutzi~.
Kimberly Holien, Consulting Planner provided the background for this item. Outlot A and
Lot 3, Block 1 of the Monticello Business Center 2°d Addition are being replatted into the
Jerry Hartung Addition. In addition the applicant is requesting rezoning for the property
going from a B-3 District (Highway Business) to B-4 District (Regional Business). Kimberly
Holien pointed out that while the purpose of the B-3 and B-4 districts are the same, the B-4
zoning allows for a greater variety of commercial uses. The B-4 District has no minimum
setbacks required. The applicant has provided approximately 2,500 sq ft (.058 acres) for
right-off way for the future extension of Cedar Street and has provided easements as required.
The applicant will be extending utility connections to service the site. The proposal is
consistent with the Comprehensive Plan. Kimberly Holien referenced the Conditions of
Approval noting that conditions #1 and #5 have been satisfied. The applicant, Mike Krutzig,
who was present at the meeting stated he was aware of the conditions and they were
acceptable to him.
Brian Stumpf asked for clarification on #4 which called far an agreement regarding the future
extension of Cedar Street. Kimberly Holien indicated that the City is working on this
agreement. The applicant may be using the Cedar Street right-of--way for parking until such
time the right-of--way is actually needed for the street. It was noted that the parking on the
proposed restaurant site is in excess of what is required by ordinance. Wayne Mayer asked if
the parking meets the requirement of the ordinance why is the agreement needed. Kimberly
Holien said the agreement is necessary to cover the future extension of Cedar Street and the
assessment costs for it.
BRIAN STUMPF MOVED TO APPROVE THE REQUEST FOR FINAL PLAT AND
REZONING FROM B-3 (HIGHWAY BUSINESS) TO BT4 (REGIONAL BUSINESS)
BASED ON A FINDING THAT THE PROPOSED PLAT IS CONSISTENT WITH THE
PERFORMANCE REQUIREMENTS FOR THE B-4 DISTRICT, THE CHARACTER OF
THE SURROUNDING PROPERTIES AND THE COMPREHENSIVE PLAN SUBJECT TO
THE FOLLOWING CONDITIONS: 1) THE APPLICANT SHALL BE REQUIRED TO
PROVIDE A STORM SEWER EASEMENT THROUGH THE CENTER OF THE
PROPERTY AS DETERMINED BY THE CITY ENGINEER. NO PERMANENT
STRUCTURES MAY BE LOCATED WITHIN SAID EASEMENT; 2) THE APPLICANT
SHALL BE REQUIRED TO EXTEND MAINLINE SEWER AND WATER THROUGH
THE SITE WITH SERVICES TO EACH FUTURE BUILDING. A DRAINAGE AND
UTILITY EASEMENT WILL BE REQUIRED OVER THE MAINLINE; 3) NO
PERMANENT STRUCTURES MAY BE LOCATED WITHIN ANY DRAINAGE AND
UTILITY EASEMENTS; 4) THE APPLICANT SHALL ENTER INTO AN AGREEMENT
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WITH THE CITY ADDRESSING THE FUTURE EXTENSION OF CEDAR STREET AND
ASSOCIATED ASSESSMENTS AND 5) THE PLAT IS CONTINGENT ON REIVEW
AND COMMENT BY MNDOT. CUNT HERBST SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY. 3-0.
Wayne Mayer asked that Kimberly Holien explain again for the public the difference between
the B-3 and B-~ zoning districts. Kimberly Holien stated the purpose of the two zonings is
the same but the B-4 allows a greater number of permitted uses.
12. Consideration of a reauest for a couditianal use permit for content stage planned unit
devela ment far a retail commercial develo ment in the Central Carnmuni District.
Applicant: Lays Tire, Inc.
This item was tabled at the request of the applicant.
13. Consideration to review and authorize remodeling of front reception area as related to
customer service irnprovernents.
The Council received information about a proposal to do limited remodeling in the
receptionist area of City Hall to allow better customer access to the Building Department.
Since many of the people coming into City Hall have building related concerns it was felt this
remodeling would give people better access to building department personnel and relieve the
receptionist position of tracking down building staff to handle people at the counter with
building questions.
Staff had contacted five local contractors and got quotes back from three ranging in price
from $2,700 to $4,000. The remodeling work was not budgeted in 2008 but there are funds
available to handle the project cost. Brian Stumpf asked how much time the remodeling
project would take. Staff indicated that the contractors could do the work evenings or
weekends.
Wayne Mayer said staff at some point needs to look at long term alternatives rather than just
quick fixes and small remodeling projects.
BRIAN STUMPF MOVED TO AUTHORIZE STAFF TO PROCEED WITH
REMODELING OF FRONT RECEPTION AREA AS RELATED TO CUSTOMER
SERVICE IMPROVEMENTS BASED ON THE LOWEST ESTIMATE PROVIDED WITH
THE INITIAL ESTIMATE FROCESS NOT TO EXCEED $4,000. WAYNE MAYER
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3-0.
Wayne Mayer asked how much ofthe open space would be taken up by the remodeling. The
open space in front of the receptionist counter will not be affected. The space that will be
taken will be behind the receptionist area.
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Council Minutes: 3/10/08
14. Consideration of a re uest for amendment to the Monticello Zonin Ordinance for the
re ulation of radin erosion and sediment control. A licant: Ci of Monticello.
Staff had review the proposed amendment relating grading and erosion control and felt some
revisions were necessary. These changes were made and the revisions were approved by the
Planning Commission at their March 4, 2008 meeting. The ordinance brings the City in line
with state and federal regulations. At the present time the City's standards and criteria for
grading and erosion control axe in various sources. This ordinance centralizes the
information. Under the City's current ordinance no permit is required for grading that does
not exceed 400 cubic yards. Staff felt there are projects involving less than 400 cubic yards
that should be reviewed by staff. Most of the revisions to the ordinance occurred in the
enforcement section.
Brian Stumpf asked about not being in compliance with state and federal regulations. Staff
responded that the proposed erosion control ordinance is being used as a template for other
communities.
Charlie Pfeffer spoke an the proposed ordinance. He stated that the Pollution Control Agency
is in the process of securing comments and upon completion of the comment period will be
revising their criteria for construction activity and discharge of stonnwater. The comment
period runs through March 26, 2008. Charlie Pfeffer stated that handling stormwater runoff is
becoming increasingly expensive and the City should look carefully at what they are
mandating. He felt the City should look at specifically two things relating to the proposed
ordinance. One item is the definitions used. The definitions should match the definitions
used by the PCA, DNR and Army Corp of Engineers. The other issue is redundancy. There
is a security requirement far the developer and now the City is proposing to require one for
the builder. He also felt that 15 days to issue a grading permit was an inordinate amount of
time to review a plan and issue a permit. He also felt there should be consideration given a
reasonable response time for inspections and reduction/return of security.
There was Council discussion on whether the ordinance should be delayed until the PCA
revisions are in place which should be August 1, 2008.
Currently the City does not require a permit for construction of parking lot. Because of that
there is no way to gauge how much runoff is generated. The question is what problems, if
any, are created by not having a parking lot permit process. Brian Stumpf asked what
prompted this ordinance to be brought forward. The ordinance contains the best practices
from other communities to establish the criteria for handling erosion problems. Staff would
like to have the ordinance in place before development growth starts again. Bruce Westby
stated the City had adopted SWPP and part of that program included the implementation of an
erosion control ordinance. He felt the City needs to move forward with the ordinance as
quickly as possible. Charlie Pfeffer believed that the state does not mandate that the City
adopt an ordinance but rather that the city complies with what the standards are.
BRIAN STUMPF MOVED TO TABLE THE EROSION CONTROL ORDINANCE.
WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
3-0.
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Council Minutes: 3/10/08
1S. Consideration to review for recommendation roceedin with a Re uest for Pro oral
far the com letion of a com rehensive a date to the Monticello Zonin Ordinance.
Since the City's ordinances control land development, staff is requesting authorization to
proceed with a request for proposal to do a comprehensive update of the Monticello Zoning
Ordinance which is Chapter 10 of the City Code. The zoning ordinance was adopted in the
1970's and there are portions of the ordinance that are outdated. Since the ordinance was
adopted there have been numerous revisions with the adoption of some revisions creating
inconsistencies in the ordinance. Staff outlined the various reasons to consider revising the
ordinance. The Planning Commission supports the proposed revision to the zoning ordinance.
City staff will prepare the RFP outlining the scope of work. This will be approved by the City
Council and the Planning Commission. Representatives from the Council and Planning
Commission will review the RFF's that are received and make a recommendation on the
consultant selection. After the consultant is selected a steering committee will be set up to
make decisions relating to the ordinance such as format, etc.
Wayne Mayer felt it didn't make sense to assign someone to the steering committee until the
RFP has been reviewed by the Council.
WAYNE MAYER MOVED TO PROCEED WITH THE DEVELOPMENT OF A
REQUEST FOR PROPOSAL (RFP) FOR A COMPREHENSIVE UPDATE OF THE
MONTICELLO ZONING ORDINANCE AS PROPOSED. BRIAN STUMPF SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY. 3-0.
16. Consideration of reviewin ro osals and awardin a contract for the removal re air
and reinstallation of deep well turbine pump #4 and appurtenant work, City Project Na._
2008-1C.
Public Works Director, John Simola indicated that this item was not on the consent agenda
because staff was considering waiving of an irregularity in the process of getting the quotes.
Staff had sent out an addendum on the project which required mailing back an
acknowledgment. Three of the bidders failed to do so. The low bidder had been contacted
and stated even though he had not sent the acknowledgement, he was aware of the addendum
and his proposal was based an information in the addendum.
BRIAN STUMPF MOVED TO APPROVE THE REFURBISHMENT OF WELL NO. 4 BY
THEIN WELL COMPANY BASED UPON THEIR LOW PROPOSAL OF $14,921.00 AS
LISTED 1N THE PROPOSAL TABULATION.
Wayne Mayer asked if the City open itself up to any liability by waiving the irregularity. John
Simola indicated na.
WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
3-0.
Added Items: Wayne Mayer questioned the traffic signals on CSAH 18 from School Boulevard to
CSAH 75 and why they don't allow left turn on the green signal. City Engineer Bruce Westby said
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Council Minutes: 3/10/08
he will check into it and bring it up in the meeting with Traffic Engineer Chuck Rickart.
Jeff O'Neill updated the Council on the tax bill containing the provision for utility companies.
17. Consideration of a rovin a meat of bills for March.
Wayne Mayer questioned the bill of $775 from the Chamber of Commerce and expressed
concerns about using taxpayers' money for membership in the organization. There was also the
question of whether it was legal for the City to be a member of that type of organization. Brian
Stumpf said he would like to hear from the Chamber of Commerce before making a decision on
whether to continue membership and also get feedback from. the City Attorney as to whether the
City can legally be a member. Wayne Mayer felt the City should hold off on paying the
membership fees until the legal question can be resolved but felt the other charges far meals
sponsored by the Chamber of Commerce could be paid.
Wayne Mayer questioned how many tickets were sold to the wine tasting event and whether the
$800 in advertising was used prudently.
WAYNE MAYER MOVED TO PAY THE BILLS WITH THE EXCEPTION OF THE BILL
FOR MEMBERSHIP FEES FROM THE CHAMBER OF COMMERCE. CLINT HERBST
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3-0.
18. Adiourn.
BRIAN STUMPF MOVED TO ADJOURN AT 8:45 P.M. WAYNE MAYER SECONDED
THE MOTION, MOTION CARRIED UNANIMOUSLY. 3-0.
~~ ~ti~
Recording Secretary
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