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City Council Minutes 05-26-2009Council Minutes: May 26, 2009 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Tuesday May 26, 2009 - 7 p.m. Members Present: Clint Herbst, Tom Perrault, Glen Posusta, Brian Stumpf and Susie Wojchouski Members Absent: None 1. Call to Order and Pledge of Allegiance. Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of April 22, 2009 Special Meeting BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE APRIL 22, 2009 SPECIAL MEETING RELATING TO FIBER OPTICS. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. Approve minutes of May 11, 2009 Special Meeting SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE MAY 11, 2009 SPECIAL MEETING RELATING TO THE TIF ANALYSIS AND MANAGEMENT PLAN. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2C. Approve minutes of May 11, 2009 Regular Meeting BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE MAY 11, 2009 REGULAR MEETING. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. The following items were added to the agenda: 1) Street lighting on School Boulevard; 2) Mowing the boulevard area on vacant land; 3) Drainage issue on Mill Trail Lane; 4) Watch for Children signs; 5) Congratulations and Thanks; 6) Community Garden and 7) Building Permit Fees. Mayor Herbst congratulated Susie Wojchouski on being named Citizen of the Year. 4. Citizen comments, petitions, requests and concerns. Jeff Young, a member of the Monticello Big Lake Hospital Board, questioned the resolutions that appeared on the City's website relating to support of the City's fiber optics project and submission of the project for stimulus grant funding and asked which Council Minutes: May 26, 2009 resolutions were going to accompany the grant application. He took issue with the reference in the IEDC resolution stating that there was a partnership between the City and the community's medical and hospital facilities. He stated there is no partnership in place between the City and the hospital as far as any fiber optics venture. He indicated there is a possibility of liability issues for the hospital from the implication that the hospital is involved in a fiber optics partnership with the City. Clint Herbst noted that some of the opportunities for medical use are just opportunities and are not necessarily something the hospital would be taking advantage o£ Jeff Young stated the hospital district has a good relationship with TDS so he wanted to make sure the reference in the resolutions about a partnership with the hospital is taken out. Jeff O' Neill said there is potential for partnership but partnership is not implied or expressed. Clint Herbst responded that there has been, based on what has happened in the past, a partnership with the hospital and the City is merely extending an invitation to the hospital use their service. Patrick O' Donnell from Smith Paulson & O'Donnell asked for an opportunity to speak on behalf of TDS and the Council indicated he would have a chance to make his comments when the fiber optic item came up on the agenda. a. Public Service Announcements, if any: 1. Bertram Chain of Lakes Amphitheater Schedule. Angela Schumann reminded the audience of the Bertram Chain of Lakes fun event scheduled for Saturday June 13, 2009 and reviewed the amphitheater schedule of events. b. Bapa Enterprises -Liquor License: The individual did not appear before the Council. Glen Posusta asked if the Bertram Chain of Lakes event was being advertised on the cable channel. Angela Schumann indicated there is nothing at this time but there will be a live promo done by the Mayor on site. City Engineer, Bruce Westby clarified the location of the I-94 twin bridge replacement project noting the bridges being replaced cross over East Broadway and submitted a drawing showing the project location. 5. Consent Agenda: A. Consideration of approving new hires and departures for MCC, Streets, Parks and DMV. Recommendation: Ratify hires and departures as identified. B. Consideration of authorizing preparation of feasibility report including signal justification report for a signal system at School Boulevard and Cedar Street intersection. Recommendation: Authorize preparation of Feasibility Report including a Signal Justification Report for a signal system at the intersection of School Boulevard and Cedar Street. Res. #2009-31. 2 Council Minutes: May 26, 2009 C. Consideration of authorizing preparation of a feasibility report for Marvin Road improvements. Recommendation: Authorize preparation of a Feasibility Report to complete improvements on Marvin Road in 2009. Res. #2009-32 D. Consideration to authorize a resolution of support for 2010 bonding funds for the Bertram Chain of Lakes. Recommendation: Adopt a resolution supporting placement of the purchase. of Bertram Chain of Lakes in the 2010 State Bonding Bill. Res. #2009-27 E. Consideration of approving final payment and acceptance of work for the WWTP Digester Mixer and Sludge Storage Improvements, City Project No. 2007-18C. Recommendation: Accept work and approve final payment for Kraemer Trucking and Excavating, Inc. in the amount of $27,695.84 for WWTP Digester Mixer and Sludge Storage Improvements, City Project No. 2007-18C. Res. #2009-29. F. Consideration of authorizing preparation of a feasibility report for Fallon Avenue pavement rehabilitation project. Recommendation: Authorize preparation of Feasibility Report for a pavement rehabilitation project on Fallon Avenue between School Boulevard and Chelsea Road in 2009. Re. #2009-33. G. REMOVED H. Consideration of approving a neighborhood block party and closure of cul-de-sac. Recommendation: Approve the temporary closing of the Badger Circle cul-de-sac on Saturday, May 30, 2009 from 3 p.m. to 9 p.m. for a neighborhood block party. Consideration of approving final payment and accept improvements for the Fiber Optics Head-End Building Site, Grading, and Utility Improvements, City of Monticello Project No. 2006-32C. Recommendation: Move to accept the improvements and approve the final payment of $6,362.38 to Schluender Construction, Inc. contingent upon receipt of the final paper work. Res. #2009-30. Items #SA, #SB, #SC, #SD, #SF and #SH were pulled from the consent agenda for discussion SUSIE WOJCHOUSKI MOVED TO APPROVE THE CONSENT AGENDA CONSISTING OF ITEMS #SE AND #SI. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. #SA Ratify Hires and Departures: Glen Posusta noted that there were six seasonal workers added in the Streets and Parks Department. He asked why the departments had not cut back on the number of seasonal workers. Public Works Director Bob Paschke indicated that the Public Works Department cut back four positions from what they would normally have had. Jeff O'Neill added that these cuts were not included in the original budget cuts. Glen Posusta felt the Public Works staff should keep in mind that they may have to cut even further. GLEN POSUTA MOVED TO RATIFY THE HIRE/DEPARTURES OF THE EMPLOYEES Council Minutes: May 26, 2009 AS IDENTIFIED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #SB Feasibility Report for traffic signal system at School Boulevard and Cedar Street: Glen Posusta stated the consensus of the Council at the previous discussion of this item was that they didn't want to do the project. He questioned why the project was being pushed forward especially in light of the City Attorney's comments that the City could assess the cost of the signal system to the benefitting properties if the construction takes place at some future date. He does not believe the criteria for constructing a signal system has been met. Glen Posusta said at one point Wal-Mart was considering putting in a gas station and the City could require payment for signal costs from Wal-Mart at that time. Clint Herbst questioned the verbal response received from the Wal-Mart employee and whether it came from the proper channels. Bruce Westby said the crux of the item was that if the Council wants to hold the two developers who initially signed the agreement to the financial obligation provided for in the agreement the City would have to go forward with the project at this time. Otherwise the City could assess all the benefitting properties at the time the signal system actually goes in. Clint Herbst suggested that the response from Wal-Mart needs to be pursued further. It was noted that a written response from the Wal-Mart corporate office would normally take about two months. GLEN POSUSTA MOVED TO DENY AUTHORIZING THE PREPARATION OF A FEASIBILITY REPORT INCLUDING A SIGNAL JUSTIFICATION REPORT FOR A SIGNAL SYSTEM AT THE INTERSECTION OF SCHOOL BOULEVARD AND CEDAR STREET BUT THAT CITY STAFF PURSUES GETTING A WRITTEN RESPONSE FROM WAL-MART. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #SC Feasibility Report for Marvin Road Improvements: Tom Perrault stated he pulled this item because he was wondering what the goal of the project was. Was it to tar the road? City Engineer Bruce Westby said the feasibility report would examine all the options that the Council could consider including doing nothing to the street to doing a full paving project. Bruce Westby said the feasibility report would be done in-house. Clint Herbst asked if the staff looked at the City owned property in the area and whether it was likely that the property could be developed. Bruce Westby responded that it would be considered in preparation of the report. Susie Wojchouski said the City has spent minimal for maintenance of the road and questioned why the City would improve the road before anything develops out there. Glen Posusta said the water coming off the Gould property is causing erosion problems and he felt something should be done to correct the drainage issue. He noted if the road is improved Gould's could be assessed for a portion of the cost. Glen Posusta said the water is washing out both sides of the road. He felt the main thing is to address the drainage issue. Street Superintendent Tom Moores said the feasibility report will tell the City what is needed to correct the problem and what the options are. Tom Perrault said there is dirt shoved in two places on the side of the road going down by the pond. Tom Moores 4 Council Minutes: May 26, 2009 said they are putting a couple of spillways in so the water runs towards the pond. Tom Moores said staff has done some work on the spillways. Tom Perrault asked how much time it would take. Bruce Westby indicated 2-3 days. BRIAN STUMPF MOVED TO AUTHORIZE PREPARATION OF A FEASIBILITY REPORT TO COMPLETE IMPROVEMENTS ON MARVIN ROAD, CITY PROJECT NO. 2009-4C IN 2009. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #SD Resolution supporting State of Minnesota 2010 bonding request relating to acquisition of Bertram Chain of Lakes property: Tom Perrault pulled this item so he could vote in opposition as he has never supported the acquisition of this property. SUSIE WOJCHOUSKI MOVED TO ADOPT A RESOLUTION SUPPORTING PLACMENT OF THE PURCHASE OF THE BERTAM CHAIN OF LAKES IN THE 2010 STATE BONDING BILL. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. #SFAuthorization of feasibility report for Fallon Avenue Pavement Rehabilitation project: Glen Posusta wanted to know exactly what is being proposed to be done out there. Bruce Westby said right now without a study it would make sense to peel off the blacktop, reclaim it and place new blacktop down. Susie Wojchouski asked if this improvement was going to be assessed. Bruce Westby responded that he thought the work could be done with funds in the Street Reconstruction Fund. It was pointed out that they are looking at this as a temporary project because at some point in the future a deep sanitary sewer trunk line will need to be extended under Fallon Avenue. Bruce Westby thought that the sanitary sewer extension was estimated at $1,000,000 but did not believe that figure included the road construction. Tom Kelly Finance Director indicated that there is $1,800,000 in the StreetReconstruction Fund that could be utilized. Clint Herbst felt the sewer line is probably not going in for some time. Bruce Westby agreed that it may be a number of years before the sewer line goes in but the road is deteriorating and something needs to be done with it. It was suggested to expand the scope of the study to look at installation of the sewer line and full replacement of the street. Then project would be more assessable than a repair project. The project would extend the sewer to School Boulevard. The City would finish extending the sewer line beyond School Boulevard at a later date. SUSIE WOJCHOUSKI MOVED TO AUTHORIZE THE PREPARATION OF A FEASIBILITY STUDY FOR A PAVEMENT REHABILITATION PROJECT ON FALCON AVENUE BETWEEN SCHOOL BOULEVARD AND CHELSEA ROAD, INCLUSIVE OF RUNNING THE TRUNK SANITARY SEWER LINE, CITY PROJECT NO. 2009-SC IN 2009. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #SHNeighborhood block party and closure of cul-de-sac: Tom Perrault noted that last year on National Night Out there was no block party in the area where the street was closed off and he just wanted to make sure there was something actually going on when the City closes off a street. Tom Moores said the Public Works Department places the barricades to close off the street and notifies the Sheriff s Department but they do not check to verify if any activity is Council Minutes: May 26, 2009 actually taking place. The City would be following the same procedure with this request to close off the cul-de-sac. TOM PERRAULT MOVED TO APPROVE THE TEMPORARY CLOSING OF THE BADGER CIRCLE CUL-DE-SAC ON SATURDAY, MAY 30, 2009 FROM 3 P.M. TO 9 P.M. FOR A NEIGHBORHOOD BLOCK PARTY. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Public Input meeting on TH 25/River Street access closure pilot project, City Proiect No. 2008-14C. City Engineer Bruce Westby gave a presentation on the TH 25/River Street access closure ' project which provided background on the project. On February 9, 2009 the Council directed staff to get additional information relating to traffic statistics. Originally the project was to be a 60 day pilot study. In the first pilot study the signal system was closed down and all accesses to River Street at the TH 25 intersection were closed. Traffic counts were taken after this was done. CSAH 75 showed a 15% increase in traffic volume and River Street showed an 85% decrease in volume. The second pilot project had partial access from West River Street. Traffic volumes on West River Street increased slightly but were still less than the initial conditions. A picture depicting the location and layout of the barricades and barrels was shown. The Council requested staff to conduct additional traffic counts and run them for a two week period. These counts were taken on East and West 3rd and 4th Street as well as on East and West River Street. East and West 3rd and 4th Street averaged 518-1127 vehicles per day. On East and West River Street the average was 213-767 vehicles per day which was less than in the previous pilot project. With the second pilot project traffic on Broadway increased slightly. The two-day traffic counts were compared with the two-week counts. Bruce Westby reviewed the data collected from the traffic counts. He noted that the data from August and September of 2008 and January 2009 were two day counts. The two week count was conducted in May of 2009 on River Street. He presented a map that showed all the locations where counts were taken. He noted some anomalies in the counts occurred when the tubes on the counters were pulled up. These anomalies were excluded from the data collected. The 85% percentile speed is the speed used determining posted speed limits. Staff was surprised by the fact that much of traffic was slightly less than 20 mph which was the 85% percentile speed. It was noted that two-tube counters were used in the traffic counts. Bruce Westby added that they tried to obtain crash data for the pilot project period but meaningful data was not available. He did check with the Wright County Sheriff's Department to see if there were any issues with the pilot project as far as crashes. Bruce Westby then opened it up for questions. Brian Stumpf asked why the speed count on 3rd Street east of Elm on Friday May 15, 2009 was so high. Bruce Westby said it was because the tubes had been dislodged and therefore this data was not included. Brian Stumpf commented that it was amazing to him that the least speed in the community was along East and West River Street. Brian Stumpf said on 3rd and 4th Streets there were vehicles traveling in excess of 60 mph.. Bruce Westby replied that was another instance where the tube had been dislodged. Brian Stumpf said the information 6 Council Minutes: May 26, 2009 received from this study should be passed on to the Sheriff's Department with the direction to patrol the area a little more. Glen Posusta said by doing the counts on other streets it gave the Council a comparison to what is happening on River Street. Susie Wojchouski asked if the traffic study is going to continue through the end of the month. Bruce Westby said they have completed the traffic counts. He said based on the number of vehicles between TH 25 and Walnut Street on West River Street and Linn Street and Locust street it appears that there is not as much cut through traffic as he had suspected. Bruce Westby felt if it was cut through traffic it would be going at a faster speed. Tom Perrault said he was surprised at the number of vehicles going 20 mph. He expected higher average speeds. The Council then opened the meeting up for public input. Chuck Van Heel owner of the property of the in Block 53 (old Marquette Bank /old theater building site) stated they have been putting together a development plan for the property and he would like the City to hold off making any major changes to this intersection until the development plan is firmed up. He said in this situation the site has good access. He added he would hate to see the signal light removed as the cost of putting in stop lights is exorbitant. He believes the development plan would come before the Council within the next 4-6 months. He felt the entire City block could be redeveloped and he would like to see a decision on the access delayed to see how the proposed development would work. Brian Stumpf asked if it was easier to have the buyer know for certain what the access point will be rather than what it should be. Chuck VanHeel said it depends on how the property is used. It was noted that Vantage Point had provided a letter which addressed the issue of access to the property as it exists and how it could change with redevelopment. Their recommendation was to barricade River Street at the corner of River Street and Cedar Street which they felt would allow access to the commercial business and not allow high speed traffic into the residential neighborhoods. Clint Herbst agreed extending the closure further down would allow access but not direct traffic into residential area. If the old bank building and old theater building were demolished it would be like a clean sheet. Brian Stumpf noted it is a safety concern as well. Brian Stumpf asked if MnDOT would allow an access for any kind of development. Bruce Westby responded that MnDOT would review any development plan and would comment on it. They would likely allow an existing access to remain open but probably would not allow a second access. However, if River Street is left open MnDOT might have less to say about access and Chuck Van Heel concurred with this. If the existing buildings are demolished the access issue might be looked at differently. Chuck Van Heel said there is commerce in the downtown area and it needs good access to survive. Josh Dickinson of Old Skool Kustoms at 106 Walnut Street read a prepared statement. He stated his business depends on customers getting to his place of business but closing River Street makes it difficult for customers to get to his location. The City has not created a benefit to the community or its businesses by the closure of River Street but instead has caused harm to the business owners downtown. Denying traffic on River Street as increased the traffic on Broadway. As traffic volumes rise people are less inclined to spend time in the downtown area. He said the closure of River Street has not saved time in traffic but has hurt the business district and the downtown area. He would request that River Street be opened and the signal light turned on. 7 Council Minutes: May 26, 2009 Joe Mahoney, a resident of 425 West River Street thanked the City for doing the second count. He was present to ask about future plans for the area. They have children and there is no sidewalk in this area. He was aware that the sidewalk issue came up at previous meeting and that the area residents were instructed to submit a petition requesting sidewalks to the City. He also requested that the Council consider placing a stop sign on River Street. He asked when the City had planned to resurface River Street and if sidewalk would be included as part of that project. Clint Herbst replied that the City has some serious sanitary sewer work that needs to be done in the area so it is difficult to say when the City would be doing the resurfacing work on River Street. As far as the sidewalk petition, Clint Herbst felt it would be good for the City to have that petition on file when the project came up. He added that placing a stop sign on a street is not meant as a speed control device and questioned whether traffic on River Street warranted a stop sign. Bret Weiss from WSB reported that he has talked with Matt Theisen the City's Water Superintendent about rerouting the sanitary sewer so it would be less expensive. Clint Herbst suggested the residents get a petition to the City for the sidewalk. Joe Mahoney said he is willing to be the contact person on getting the petition. City Engineer Bruce Westby will keep Mr. Mahoney abreast of the situation. Jodie Dickinson, 112 West River Street, (Biff s Garage) read a prepared statement. He is a business owner in the downtown area and the only legal access to his building is one block from TH 25. The second pilot project did not benefit his business. He too noted that customers have a difficult time in getting to his business. He did not feel the City met the goal they were trying to attain by closing River Street. The future of businesses downtown depends on access. He requested that River Street be re-opened and the signal light activated. He also stated that the cone layout was very confusing to traffic. Glen Posusta asked if some type of reflective devices could be used to more clearly mark the lanes. Glen Posusta said it's important to educate the driving public to the street layout and what lane they are in so that there is not crossover to the other lane. Bruce Westby said the City did try striping and he will talk to the County about marking suggestions. Dean Rasmussen, Vice Chair of Monticello Downtown Business Association (MDBA) said the group is working to promote downtown business. They are a newly formed group and their members want to keep River Street open both ways. There are four parks on River Street and two of them are in the downtown area. There are no pedestrian crosswalks for access to the parks. The park can only be accessed by going under the bridge. He felt the City was more concerned about getting traffic through downtown than they are about the people who live in the City. He said speed is the main concern throughout the City and he felt that should be better monitored. He felt the business and residents on River Street could work together on the issue. He believes that River Street should be open to Linn Street on the west and to Cedar Street on the east. Mike Drayna, 13 Linn Street commented on the proposal made by Old Skool Kustom Cars. He said enforcement is needed because so many of the cars do not stop. There was some discussion on the cost of the sheriff s protection and the time spent on patrol. He also questioned why stopping for pedestrians in a crosswalk was not being enforced. He said overall he was disappointed with the enforcement in Monticello and specifically the speeding. Staff indicated this item should be placed on the next Police Commission agenda. Clint Herbst 8 Council Minutes: May 26, 2009 felt it should be taken to Sheriff Miller rather than go to the Police Commission. Clint Herbst said that part of the problem is that there is only one river crossing in the area. The purpose of getting traffic through the City is to make life easier for City residents. Clint Herbst felt Broadway was better designed to take traffic than River Street. Brian Stumpf said on the March police report 8 tickets were issued for speed related violations and he felt this could be beefed up. He also noted that customers are cutting through the Glass Hut parking lot as well as the old theater parking lot. Bob Somerville, 213 East River Street said he empathized with the business people and what they are going through. He felt it was great to have slower traffic through the residential area. He suggested reducing the speed limit to 20 or 25 mph. He stated his personal experience is that vehicles are traveling at speeds much in excess of 20-25 mph. Brian Stumpf said whatever the speed limit is established at it has to be enforced. By statutes the speed limits on city streets are 30 mph unless posted otherwise. Given a choice he also felt all residents would request the 25 mph limit. Brian Stumpf pointed out that certain types of police calls can take up to several hours in response time so in those circumstances actual patrol time is reduced. Bruce Westby said the Sheriff will be coming to one of the Council meetings in June to review the 2008 annual report and other issues relating to enforcement. Brian Stumpf said the City is trying to balance the needs and desires of the residents and business owners. The reason the City did pilot projects and traffic studies is so they have good reliable information to use in making a sound decision.. He added he realizes not everyone will be happy with the decision Josh Dickinson asked if there were any speed limits signs posted on these streets. Glen Posusta said unless it is posted the speed limit is 30 mph. Josh Dickinson said because of the number of speeders perhaps posting the 30 mph signs is necessary. Staff did not know how many local streets were posted for 30 mph. Susie Wojchouski suggested getting several movable signs that say something to effect that "the City enforces the 30 mph speed limit on city streets" and move them to various locations throughout the city. Tom Perrault asked about posting signs stating that the statute requires motor vehicles to stop for pedestrians in the crosswalks. Bruce Westby said the City had erected such signs but they were damage and are now being repaired. Tom Perrault stated at the last Police Commission meeting, the Sheriff's office said people are not speeding as much or driving as much as usual. Brian Stumpf said he is open to the various suggestions made on the River Street access except for turning the signal light back on. Susie Wojchouski commented on the traffic saying she has heard people say they do not come to Monticello to shop anymore because of the traffic. The significant impact for her on this project is Chuck Van Heel's proposed development being four months out. She asked if the City could look at Linn Street and some other streets as by-pass areas. When redevelopment will happen it will bring excitement to the downtown area. Susie Wojchouski felt the City should leave things as they are but do not remove the signal light yet. The City needs to look at development in the downtown area and keep access to the businesses. Glen Posusta. asked about 3rd and 4t" Streets and in allowing full turning movements at these 9 Council Minutes: May 26, 2009 locations and would the City allow it on River Street. He cited Wells Fargo Bank location as an example where at that intersection a vehicle can turn left or right onto TH 25. Bruce Westby said he would have to look at it. There is the possibility that the bridge railing would make it difficult for that option. Jeff O'Neill said the original reason for the signal light was because of the proximity of the buildings to the roadway. Josh Dickinson noted the speeders that come out of the alley block traffic. He felt there should be a defined place where to turn. Drivers are using the alley to turn left rather than using the street. Bruce Westby will check into that option of allowing full turning movements. Brian Stumpf asked what the City hoped to accomplish by doing this. Glen Posusta said it would allow more traffic from downtown to get across the river. Brian Stumpf felt that the City had done enough pilot projects and that a decision needed to be made now. Bret Weiss said the left turn coming out is the movement that MnDOT is most concerned with because the driver is crossing traffic coming from one direction and looking at traffic coming from the other direction. The only way MnDOT would allow this is with the signal light. Brett Weiss said a lot of options could be considered but he felt it was unlikely that MnDOT would allow the left turn movement. Bret Weiss said 3`d and 4th Street are more open intersections and therefore full turning movements would less risky than on River Street.. Clint Herbst agreed with Brian Stumpf that the signal should not be turned on again. He felt the River Street access was just one piece of the puzzle which includes improvements to County Road 11 and the Fallon Overpass which will help improve traffic. Susie Wojchouski said she is not willing to get rid of the light even though she doesn't want it on now. SUSIE WOJCHOUSKI MOVED TO LEAVE THE ACCESS AS IS FOR THE PRESENT TIME WITH THE SIGNAL IN PLACE AND WITH A POSSIBLE DEVELOPMENT OFFER HAPPENING IN A SHORT TIME FRAME THE CITY WOULD LOOK AT THIS INTERSECTION ACCESS AGAIN. GLEN POSUSTA SECONDED THE MOTION. Brian Stumpf suggested that the City do something with the configuration of the barrels. Bruce Westby said the pilot study was for 60 days so MnDOT is expecting them to do something with the barrels. Brian Stumpf asked at what point does MnDOT step in and require the City do something. Bruce Westby thought it would be a couple of months. He felt the existing set up was working okay and that MnDOT would not push to change it. Tom Perrault believes River Street should be closed at Linn Street with barricades on the west side of Linn Street. He wants the signal light to remain but closing River Street off at Linn Street should be the next pilot project. Clint Herbst did not feel this was the problem area. Tom Perrault said any vehicle turning off southbound TH 25 would have Linn Street to go to. Brian Stumpf would like to see addressed in any motion that something be done differently with the barrel configuration. Clint Herbst said no one has expressed interest in opening up East River Street and he is not hearing a lot of concern about traffic on River Street as compared to other areas. The issue the City is looking at is what is happening with redevelopment and retaining the option to block traffic at Cedar Street. Bruce Westby said he would want to talk to MnDOT as to how long they would let the City continue with the intersection study. 10 Council Minutes: May 26, 2009 Bret Weiss said the Walnut Street access may be closed at some point in the future. He felt the City needed to check out the circulation movements for the entire downtown area. Delaying action on the matter for several months because of possible redevelopment would put the City into September which makes it more difficult to get things done. Clint Herbst asked what would take the place of the barrels. Bruce Westby said curb would be installed and it would be laid out as a turn lane. Clint Herbst suggested looking at this project in 2-3 months rather than waiting a longer period of time for the possible development as he felt the City needed to make a decision. Susie Wojchouski said she would like the area evaluated when the County Road 11 turn lanes come through and the Vantage Point development takes place. Glen Posusta felt with Pat Sawatzke on the County Board it would be unlikely that the Walnut Street access would be closed off. Bret Weiss suggested looking at all the movements in the area and not just focus on this one part of it. The original plan at one time was that Walnut Street would go through all the way to the River. Brian Stumpf felt some of the research on other options and contacts with other parties should have been done while the pilot project was taking place. Susie Wojchouski said the City doesn't control access on Broadway or River Street so they should not give up existing access. Tom Moores indicated that state patrol had informed him of an incident in the southbound lane so safety is a concern in this area. Clint Herb felt the incident could have been a result of the barrel configuration being confusing. Bruce Westby suggested doing something with signing to make the barrel area safer. SUSIE WOJCHOUSKI MOVED TO KEEP THE RIVER STREET/TH 25 INTERSECTION AS IS UNTIL THE CITY KNOWS HOW TRAFFIC PATTERNS WOULD BE CHANGED FROM THE COUNTY ROAD 11 TURN LANES AND THE POTENTIAL DEVELOPMENT OF BLOCK 53. Bruce Westby noted that the turn lanes for County Road 11 would not take place until next year. Susie Wojchouski said the city could not wait that long. Clint Herbst didn't think the City should worry about development on that block unless they wanted to keep the light. Glen Posusta suggested revisiting this in six months or December l st SUSIE WOJCHOUSKI AMENDED HER MOTION TO INCLUDE THE DECEMBER 1, 2009 TIME FRAME FOR REVISITING THIS ITEM AND HAVE THE CITY ENGINEER PROVIDE SAFETYRECOMMENDATIONS FOR THE AREA OF THE BARRICADES. GLEN POSUSTA AMENDED HIS SECOND. Clint Herbst felt a decision should be made now. Tom Perrault said he would not vote for it because he felt River Street should closed off at Linn Street and he felt the Linn Street closure should be a pilot study. He requested that the motion be amended to include the Linn Street closure but no amendment was made. UPON VOTE BEING TAKEN COUNCIL MEMBERS WOJCHOUSKI AND POSUSTA VOTED IN FAVOR THEREOF AND COUNCIL MEMBERS HERBST, PERRAULT AND STUMPF VOTED AGAINST. THE MOTION FAILED. 11 Council Minutes: May 26, 2009 Josh Dickinson asked what was the reason for the River Street closure and is it still a valid reason. Glen Posusta asked Clint Herbst his reason for voting against the motion. Glen Posusta felt if the development comes and there is different access the lights would be on again. Clint Herbst reiterated that he doesn't believe in turning the lights back on. Susie Wojchouski felt at some point the City might need the lights again. Val Somerville brought up the pedestrian safety issue stating that people are crossing where they should not be crossing and asked that the Council take that into consideration. Clint Herbst suggested as an alternative that the present situation be made permanent thus excluding East River Street and the possible development. He suggested putting curb and gutter and turn lanes in. Brian Stumpf said he would go with the options presented as long as it did not include the turning the signal light on again or doing additional pilot studies. Chuck Van Heel spoke again stating that one thing that is being overlooked is the safety issue as far as the park system. He disagreed with Brian Stumpf s position on the signal light since at this time they don't know what is going to happen in that area. As far the December 1st time frame he felt something on the proposed development could be presented to the City within three months. Chuck Van Heel agreed with Bret Weiss on doing some review of the downtown area. He felt additional markings would increase driver awareness. He would suggest tabling action on this matter to see what the various needs are. Susie Wojchouski asked if there was support for a pilot project to close River Street on the west side of Linn Street. There was discussion on the various options that were suggested. It was felt most of the local traffic problem is on 3`a Street. Tom Perrault felt by closing it at Linn Street the City is keeping traffic in the business area and out of the residential area. Clint Herbst said the City has already closed off many of the accesses on Broadway. Bret Weiss suggested tabling this for a couple of weeks to meet with businesses in the area and come back with a couple of options for the Council to consider. CLINT HERBST MOVED TO TABLE THIS MATTER UNTIL THE SECOND MEETING IN JUNE WITH STAFF TO REPORT BACK ON THE VARIOUS OPTIONS. Brian Stumpf said he did not want drivers racing down River Street to trip the lights so they could get out of town faster GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION. 8. REMOVED FROM AGENDA 9. Consideration of approving summary of grant application for stimulus funding supporting fiber optic project along with related actions. Jeff O'Neill gave a history of the City's fiber optics project. The project was not a City initiated project and was supported by many entities and the general public as indicated in the referendum vote on the project. The City established a task force to look at the issues involved 12 Council Minutes: May 26, 2009 and to set goals. It was felt providing the fiber system to the residents of the City would help the City to compete and create jobs. As part of this project the City undertook various feasibility studies and upon determining that the project was feasible, revenue bonds in the amount of $26,000,000 were issued. The filing of a lawsuit by TDS against the City resulted in the bond monies being placed in escrow. The federal stimulus grant provides another funding source for the City to utilize in proceeding with the project. Jeff O'Neill said the City's project closely matches the federal award criteria and he feels the City's project has a favorable chance of being funded. Because some of the work has been initiated and other work is ready to be awarded he felt the City's project was "truly shovel ready" and that is a criteria of the grant program. The grant program is 80% funded by the federal government with a 20% match from the entity sponsoring the project. The City should receive the grant application materials some time between May 27`" and June 16`". Staff will try to get the grant application processed as quickly as possible. Jeff O'Neill talked about the City's goal to reach the portion of the population that is underserved or is not using the technology because of financial considerations or lack of training or knowledge of the technology. The City is attempting to work with anon-profit group called One Economy to build a program to help bring this group into the technology era. Part of this program would include the distribution of lap tops for this segment of the population and training in the technology. The cost of this program would be included in the grant package. Don Patten updated the Council on the operation aspects of the system . He indicated service will be available June 13t". They are focusing on concentrated su~port areas such as the Oakwood Industrial Park and the commercial area along 6t" and 7t Street. He indicated there are 132 drops which is up from the original estimate of 60 address drops. The Council is being asked to consider acting on the following items: Motion to award the bid for the 2009 Fiber-to-the-Premise project, City Project No. 2009-02C to MP Nexlevel of Maple Lake, Minnesota contingent on successful project financing. Bids for the project were received on May 6, 2009 with MP Nexlevel being the lowest of three bidders with a price of $9,345,427 base bid and $9,945,014 prevailing wage bid. Bids are good for 90 days from the date of opening so the City has up to August 6, 2009 to award the project. The bid does not include the cost to extend services beyond the City limits. 2. Motion to authorize the initiation of the hiring process for a service technician to operate the existing fiber backbone and if grant funds are received help in the completion and operation of the larger fiber optics footprint. This employee would stay on regardless of whether the City receives funding for the larger fiber optics project. The funding for this position will come from funds on hand and will be paid back from revenue generated by the project. 3. Motion to authorize City participation in funding the 20% match. 13 Council Minutes: May 26, 2009 Jeff O'Neill discussed some of the options available for funding the 20% match particularly issuing new revenue bonds. These bonds would cover the 20% match as well as reimburse the City for other costs incurred or those that are not covered by the grant. Tom Perrault asked if the bids were good for either the grant funds or revenue bonds. Jeff O'Neill indicated that bids would allow utilizing either source. Patrick O'Donnell representing TDS spoke on the City's intention to apply for stimulus grant funding. He stated TDS is a local and state taxpayer and the City Council should be made aware of the letter from the US Congress that was sent to the Federal Communications Commissions (FCC) and other entities on May 20, 2009. This letter stated they should give preference to communities that have no broadband service. Mr. O'Donnell also submitted a letter from TDS to the Minnesota Ultra High-Speed Broadband Task Force which outlined the services provided by TDS and included a map showing their service area, the areas where 25 mbps of speed or greater is available, the areas where 10 mbps speed is available and the area not served by TDS. In addition Mr. O'Donnell went on to explain not only the type of service provided by TDS but the cost for service. He stated that there is no area in the City of Monticello or Monticello Township that is not served by broadband. He felt the City's application for stimulus funding monies will reflect poorly on the City because: 1) The City project does not qualify for funding because the area already has broadband service; 2) A grant to the City of Monticello would be duplicative and wasteful of taxpayers money; 3) A grant to City that would compete for customers that are currently using two existing business would not stimulate the local economy; and 4) Awarding stimulus grant money to a project in an area serviced by broadband would reduce the amount of grant money available to use in areas that are not served by any broadband. TDS believes that this project should be rejected for federal stimulus funding. Clint Herbst questioned the veracity of the information contained in the letter that was submitted. He explained the City tried to resolve this issue before it got to this point. The City acted on initiating a broadband project because TDS indicated they would not be doing so. TDS did not initiate any project until after the City acted. Patrick O' Donnell disputed some of the comments made by Clint Herbst. The question was raised whether there was any chance of the two entities working together. Patrick O' Donnell stated that TDS has the facilities in place and is serving the community. He felt the Mayor was posturing and forcing him into posturing which was not a productive situation. He felt there are common goals that could be worked on but he didn't think it could be done in the public forum. Clint Herbst said TDS took them to the point of no return. Both he and Glen Posusta questioned the accuracy of the statements made by TDS. They said they were told previously by TDS that they did not intend to put fiber in the ground so that is why the City acted. There was continued discussion on the positions of both TDS and the City. Patrick O'Donnell reiterated his statement that this kind of discussion in a public forum would not be productive and thanked the Council for their time in allowing him to make his comments. 14 Council Minutes: May 26, 2009 Tom Perrault asked if the digital connection study comes out of grant. It was noted not all of this would be covered by grant funding. GLEN POSUSTA MOVED TO ADOPT A RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION FOR ECONOMIC STIMULUS FUNDING SUPPORTING THE FIBERNET PROJECT AND APPROVAL OF RELATED ACTIONS AWARDING THE BID FOR THE 2009 FIBER TO THE PREMIS PROJECT TO MP NEXLEVEL OF MAPLE LAKE, MINNESOTA CONTINGENT ON SUCCESSFUL PROJECT FINANCING; AUTHORIZE THE INITIATING OF THE HIRING PROCESS FOR A SERVICE TECHNICIAN AND AUTHORIZE THE CITY PARTICIPATION IN FUNDING THE 20% MATCH. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Susie Wojchouski asked about the letters of support and Jeff O'Neill indicated they would be submitted with the grant application. Tom Perrault asked if they knew what strings would be attached with the grant funds such as adoption of certain policies. Jeff O'Neill indicated that would not be known until the criteria for the grant funding comes out. Susie Wojchouski asked if the Council will get the grant funding information. Jeff O'Neill responded that the Council will receive the information but the time frame does not allow for time to convene a meeting of the Council prior to the grant application being submitted. Added Items: Drainage Issue Mill Trail Lane: Tom Perrault brought the Council and staff's attention to a drainage problem that exists behind 9681, 9693 and 9709 Mill Trail Lane. There is a build up of silt in the area and runoff water is standing in the area. Staff reported they had looked into this previously. At that time Tom Moores indicated the City had cleaned out the connection between the two ponds and did some other minor corrective work as well. Staff will check the area out again. Signs: Tom Perrault noted that he has seen a home made "Slow Down for Children sign in the middle of the 3`d Street and asked if there were any guideline on this. Tom Moores said the home made signs are not allowed as individuals cannot place traffic control devices in the street or on the side of the street. He did talk to the property owners about the placements of the sign. Tom Moores will put the temporary crosswalk at Maple and 3`d Street in an effort to slow the traffic in that area. Clint Herbst asked if it was possible to place a camera on the speed trailer and identify those speeding vehicles. Lights on School Boulevard: Glen Posusta said he noticed this item was referenced in the green sheet the Council received. Bruce Westby said staff is currently working on a striping project for School Boulevard and will be posting new speed limit signs. It is proposed to bring the street lighting project before the Council along with the striping plan. As part of the striping plan staff would look at removing the crosswalk that runs between the two ponds. If the crosswalk is relocated it would affect the location of the lights. Glen Posusta asked for a time frame. Bruce Westby replied the striping plans in place and they have received the results of the speed study and they just need to complete the street lighting portion. He anticipates the report would be ready for the second meeting in June. Mowing boulevard area: Glen Posusta questioned why staff didn't mow the boulevard areas on vacant land. He cited the area around Freeway Fields as an example. Tom Moores responded that if 15 Council Minutes: May 26, 2009 the Council directs staff to do so they will but normally the property owner is notified that it is their responsibility to maintain the boulevard area. Tom Moores will contact the property owner in the area noted. Congratulations and Thanks: Tom Perrault congratulated Susie Wojchouski on being named Citizen of the Year and congratulated Bruce Anderson on his recent marriage. He also thanked all those who organized and participated in the Memorial Day events at Ellison Park and Riverside Cemetery. Signs: Tom Perrault asked about the placement of the "Noise ordinance enforced" sign in the area of the old Marquette Bank Building. Tom Moores said it was the City's sign and it was placed at that location because semis that were coming through town had their fake brakes on which created considerable noise. Building Permit Fees: Clint Herbst felt the amount charged on building permit fees should be reviewed and directed staff to bring this item back at a future meeting. He suggested that a committee be formed to review this. Community Garden: Clint Herbst commented on the nice job that was done by the Public Works staff in laying out the community garden and constructing the shed and signage for the facility. The community garden is up and running. 10. Approve payment of bills for May. Glen Posusta questioned the repair cost for the Welcome to Monticello signs. Tom Kelly indicated that the signs were damaged in the hail storm last year and the City has been reimbursed by the insurance company. SUSIE WOJCHOUSKI MOVED TO APPROVE PAYMENT OF THE BILLS. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Adiourn TOM PERRAULT MOVED TO ADJOURN AT 11:05 P.M. SUSIE WOJCHOUSKI SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 16