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City Council Minutes 02-28-2011MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, February 28, 2011 — 7 p.m. Present: Clint Herbst, Lloyd Hilgart, Tom Perrault, Glen Posusta, Brian Stumpf Absent: None 1. Call to Order and Pledge of Allegiance Mayor Herbst called the meeting to order at 7:00 p.m. and declared a quorum present. The Pledge of Allegiance was recited. 2A. Approval of Minutes — February 14, 2011 Regular Meeting BRIAN STUMPF MOVED TO ACCEPT THE MINUTES OF THE FEBRUARY 14, 2011 REGULAR MEETING AS PRESENTED. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 3. Consideration of adding items to the agenda The following items were added to the regular agenda: a) Third graders, b) temporary signage suggestion from Chamber Director, c) Silver Creek meeting regarding Hospital District status, d) mowing plan, e) closed session following regular items, and f) presentation on liquor store net profits. 4. Citizen comments, public service announcements, and staff updates a. Citizen Comments: 1) First Lieutenant Kathryn Helland: Spoke about `Beyond the Yellow Ribbon" program for the National Guard, which promotes awareness of deployments and support of family members during that time. Looking for support from City Council to initiate a network of resources for the local guard unit and troops headquartered in Monticello. Options could include coordination of a county level network for the program. Clint Herbst asked for more specifics on what kind of assistance she would be looking for. Ms. Helland is looking for help in getting a steering committee started made up of civic leaders and other resource people. Jeff O'Neill offered to help her with starting the process. Tom Perrault volunteered to be on the steering committee. b. Public Service Announcements: 1) March Madness 5K Run/Walk (3/19) — Angela Schumann reported that the race starts at 9:30 a.m. Saturday, March 19, 2011 with registration at 8:15 a.m. at the Community Center. Cost is $11 early bird and $15 day of race. The race is sponsored by the Monticello High School Track & Field team and Monticello Community Center. City Council Minutes — February 28, 2011 Page 1 5. C. Staff Updates: 1) Introduction ofFiberNet Monticello General Manager Jerry Olson, who was present. Jerry is serving as interim general manager for FiberNet; he is from HBC, replacing Don Patten who is on medical leave. Clint Herbst welcomed him to the City. Consent Agenda: A. Consideration of approving new hires and departures for City departments. Recommendation: Ratify new hires for MCC and Hi Way Liquors. B. Consideration of adopting Resolution #2011 -11 approving contribution from Tom Perrault for the General Fund. Recommendation: Adopt Resolution #2011 -11 accepting contribution of $250 from Tom Perrault. C. Consideration of approving a temporary charitable gambling application for a raffle conducted by Wright County Ducks Unlimited. Recommendation: Approve temporary charitable gambling application for a raffle to be held May 2, 2011 by Wright County Ducks Unlimited. I E. F G. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA Consideration of approving 2010 Fund Balance Designations. Recommendation: Approve the following 2010 fund balance designations: General Fund.• Designation for Worldng Capital (45% of 2011 Budget) $2,875,000.00 Designation for Contingencies (5% of 2011 Budget) $320,000.00 Street Reconstruction Fund: Designation for Future Edmonson Designation for Elk Street Designation for Future 85`r' Designation for 7th Street Extension Designation for Fenning Ave. Designation for Fallon Ave. Designation for Haug & 95`1' Community Center Fund: Designation for Building Repairs Capital Revolving Fund: Designation for Communication Improvements $187,990.61 $10,300.00 $135,636.50 $600,000.00 $202,077.55 $72,015.00 $122,500.00 $200,000.00 $48,516.79 THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA City Council Minutes — February 28, 2011 Page 2 H. Consideration of adopting Resolution #2011 -12 stating Intent to Reimburse from Bond Proceeds for 2011 Street Reconstruction Improvements, City Project No. I IC001. Recommendation: Adopt Resolution #2011 -12 declaring official intent to reimburse expenditures up to $2.5 million from bond proceeds for City Project 11 COO I — 201 Street Reconstruction Improvements. Consideration of adopting Resolution #2011 -14 approving 2011 Municipal State Aid System Designations and Revocations. Recommendation: Adopt Resolution #2011 -14 updating the Municipal State Aid Street system for Monticello City as follows: • Remove East River Street from Pine Street /TH 25 to Palm Street (0.18 miles) • Add Palm Street from East Broadway to East River Street (0.08 miles) • Add Palm Street from 4th Street to East Broadway (0.16 miles) Consideration of authorizing out -of -state travel for training on the MetaSwitch phone system for FiberNet employees. Recommendation: Authorize out -of- state travel for training and direct staff to develop a training plan for the MetaSwitch phone system. K. Consideration of accepting preliminary 4 °i Quarter Financial report. Recommendation: Accept the preliminary 2010 4th Quarter financial report. L. Consideration of adopting Resolution #2011 -16 to Order Abatement of Hazardous Property. Recommendation: Adopt Resolution #2011 -16 to order Abatement of Hazardous Property — Regency Sign. GLEN POSUSTA MOVED TO ACCEPT THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS D, F, AND G. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 6. Consideration of items removed from the consent aeenda for discussion #5D. Consideration of approving 2010 Operating Transfers Tom Perrault objected to transfer of funds for purpose of land purchase in Bertram Chain of Lakes Regional Park ( #13). Glen Posusta asked for clarification on transfer for street reconstruction ( #4). Tom Kelly explained that this was done instead of transfer to Monticello Community Center for debt payment as was done in prior years. Lloyd Hilgart asked why funds were being placed in the Monticello Community Center fund for building repairs when that cost is not known yet and to the Park Dedication Fund for next purchase of land in Bertram Chain of Lakes Regional Park ( #13). Tom Kelly explained that there is not enough in the Park Dedication Fund to cover the purchase cost so he is moving it there in anticipation of future needs. Funds for Monticello Community Center are a start on setting aside funds for the repairs. Clint Herbst pointed out that Park City Council Minutes— February 28, 2011 Page 3 Dedication funds can only be used for specific purposes such as park and trail land purchases or improvements. Glen Posusta noted that a commitment has been made for certain funding on Bertram Chain of Lakes Regional Park land so they do want to set aside money for matching funds. GLEN POSUSTA MOVED TO ACCEPT ALTERNATIVE #1 APPROVING THE FOLLOWING 2010 OPERATING TRANSFERS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH TOM PERRAULT OPPOSED. Transfers In Amount Transfers Out Amount #1 General Fund $45,000 Capital Revolving Fund $45,000 #2 Library Fund $4,000 General Fund $4,000 #3 Library Fund $16,000 Liquor Fund $16,000 #4 Street Reconstruction Fund $250,000 Liquor Fund $250,000 #5 EDA Fund $5,301 2004A Taxable TIF Bond $5,301 #6 2004A Taxable TI Bond $356,179 EDA Fund $356,179 #7 Consolidated Bond Fund $343,201 2003A Bond Fund $343,201 #8 2002 Bond Fund $187,317 2010A Improv. & Refinancing Bd $187,317 #9 2005A G. O. Bond Fund $1,605,509 EDA Fund Sanitary Sewer Access Fund Storm Sewer Access Fund Water Access Fund $317,277 $712,859 $264,599 $310,774 #10 2008 Revenue Refunding Bond $805,000 Community Center Fund $805,000 #11 2008 Sewer Refunding Bond $400,137 Sanitary Sewer Access Fund $400,137 #12 Liquor Store Fund $20,063 Community Center Fund FiberNet Construction Fund $10,032 $10,031 #13 Park Dedication Fund Community Center Fund I- 94 /CSAH 18 Interchange Fund $300,000 $200,000 $700,000 General Fund $1,200,000 Total Transfers In $5,237,707 Total Transfers Out $5,237,707 #SF. Consideration of waiving statutory liability limits for City insurance renewals Lloyd Hilgart asked for clarification on why the City would take this action to not waive the tort limits. He asked if the City could have an umbrella policy to cover additional limits. Tom Kelly and Attorney Joel Jamnik explained that it is required for the City to take this action each year. The statute is in place to provide a limit to the amount that a City would have to pay out on a damage award. Attorney Jamnik recommends that Council approve the staff recommendation to stay with the $1.5 million limit as provided in state statute and not waive the tort limits. LLOYD HILGART MOVED FOR ALTERNATIVE #1 TO DENY WAIVING THE MONETARY LIMITS ON TORT LIABILITY AS ESTABLISHED IN MN STATUTE 466.04. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. City Council Minutes— February 28, 2011 Page 4 #SG. Consideration of adopting Resolution #2011 -10 amending the 2008 Monticello Comprehensive Plan with the addition of Chapter 6 — Transportation flan Tom Perrault pulled this item as he questioned the date of the Plan, which is listed as January 2011. He noted that there are several places in the Plan that reference older years that should probably be updated to a correct year. Bruce Westby indicated that staff missed some of those corrections when updating and will go through and make those updates. Tom Perrault pointed out several other items that he wanted clarified: (a) P.32 regarding Road Access Charge and Transportation Utility Billing — he was not aware that the City had approved support of these charges, which are not allowed by the State at this time. He would like to see the language changed as he feels that Council should vote on support for those items; (b) Fig. 4.3 — he thought that Orchard Road interchange is not an alternative anymore for a future river crossing and questioned whether it should still be included in the Plan. Bruce Westby stated that he and WSB would go through the document and make adjustments as needed to bring it up to date. GLEN POSUSTA MOVED TO ACCEPT ALTERNATIVE #1 ADOPTING RESOLUTION #2011 -10 AMENDING THE 2008 COMPREHENSIVE PLAN WITH THE ADDITION OF CHAPTER 6 — TRANSPORTATION PLAN. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH TOM PERRAULT OPPOSED. Tom Perrault stated he would have preferred that this item be tabled until the corrections are made. 7. Public Hearing — Consideration of adopting Resolution #2011 -13 ordering improvements and authorizing preparation of final Plans and Specifications for 2011 Street Reconstruction project, City Project No. 11CO01 Bruce Westby led off the discussion with a presentation of the 2011 Street Reconstruction project as proposed. Bruce reviewed the background information used to prepare for the project including review of infrastructure and rating of the streets. He pointed out the streets to be included in the street reconstruction: East River Street fiorn Cedar to 1,100 ft east of Washington; Cedar, Palm, New, Wright, Ramsey, Hennepin, and Washington streets between Broadway and East River; Ellison Park; and West River Street north of CSAH 75 to the ballfield entrance. He noted that Council had previously approved adding the East Bridge Park parking lot reconstruction as an alternate bid. Bruce Westby discussed the preference for constructing West River Street to at least 34- foot wide with curb and gutter. This is mainly due to the amount of large truck traffic using that road and the fact that they park along the edge of the street for extended periods of time. The proposal also includes a 9 foot off -road pathway adjacent to the roadway which would connect to the trail at West Broadway. He then presented 3 staff recommended design options for West River Street for Council consideration. Bruce City Council Minutes — February 28, 2011 Page 5 Westby also discussed proposed plans for waternain, sanitary and storm sewer in that area. A public meeting was held in January with input from four property owners from the West River Street area and a number of owners from East River Street. There were concerns expressed from the owner of Electro Industries related to the intersection at West River Street and CSAH 75. Bruce Westby explained Wright Comity's plans to add turn lanes and the City's plans to increase the north radius and provide pavernent striping to accommodate the radius needed for semi trucks turning in and out of West River Street and to better align vehicles waiting to access CSAH 75. Brice Westby noted that Electro Industries and Alano submitted written requests for consideration related to assessments. Electro had a number of considerations that the City is working on addressing. A1ano is asking for the City to completely abate their assessment. The proposed assessment rate for residential property is $4,000 per lot and non- residential property at $80 per front foot. Bruce Westby explained the situation with the Xcel Training Center parcel; although the building is considered commercial, a large part of the parcel is undeveloped. Brian Stumpf asked if it would be possible to defer a portion of the assessment until it is developed, so they know what the use would be. Brice Westby suggested that staff could look into that and bring back information during the assessment process in the Fall. For the Area 4B portion (East River St), the streets will be reconstructed but no sidewalks are included except along Cedar Street leading to East Bridge Park. Bruce Westby noted that parking will be restricted to one side of East River, Palm and Washington streets following the completion of the project since these are state -aid streets. The streets will be striped and marked appropriately. Bruce Westby talked about the status of the pavement in Ellison Park including the drive and the two parking lots. He showed a number of pictures pointing out the deteriorating condition of the pavement and area around the boat larmch. He would recommend keeping the Ellison Park portion in the project for bidding, and staff will bring back more pictures and information about the status of the pavement. The Sewer and Water Department is televising the sewer lines; there are a number of lines that will need to be repaired or replaced. No watermain is proposed to be replaced, but all valves and hydrants will be replaced. The Parks Department is also requesting Council consideration to install sanitary sewer and water services to the east side of the log shelter with this project for future use. This would require lowering the sanitary sewer trunk line under East River Street. The estimated cost for this work is $15,000. City Council Minutes — February 28, 2011 Page 6 Assessments for Area 4B would be proposed at the same rates as the West River Street portion of the project. Bruce Westby reviewed the total estimated costs related to the project and the sources of funding for the project. The estimated cost for West River Street is $554,700, and for Area 4B the estimated costs are $1,858,500. The proposed project funding sources include the street reconstruction fund, state -aid funds, assessments, and utility operating funds. Bruce Westby reviewed the proposed timeline of the project which included Council approval of Plans and Specifications and authorizing bids on April 25`i', bids being received on May 26t ", and a contract being awarded on June 13`i'. Construction would then begin in June /July and be complete in October. The Assessment Hearing would then likely be held on October 24th. Tom Perrault asked about breaking the project into portions so that companies can provide bids on each piece separately, allowing the City to select the lowest bidder for each segment of the project. Clint Herbst expressed concern about losing some bidders that don't want to split up their bid. Mayor Herbst opened the Public Hearing. Christina (KiKi) Rogers, 113 Marvin Elwood Road, spoke on behalf of the Alano Society's request for an exemption from assessments. She personally has benefited from their services and would not want therm to have to shut down due to lack of funds. She pointed out some of the services that they provide to the community and asked Council to consider honoring the request from Alano and waive their fees. She indicated that she feels this is a unique organization and not similar to the Gun Club which was assessed in a prior street reconstruction project. She does not feel that this would be a burden on the taxpayers of Monticello. Clint Herbst pointed out some of the considerations that Council must take into account when determining the apportionment of assessments. They would try to realize any possible savings in the project costs to keep the overall assessment share lower. Gary Anderson, of Becker, serves as Treasurer of the Alano Board, and spoke to the request for waiving the assessment proposed against their property. He explained the mission of Alano to provide services for people affected by substance abuse. He noted that they have managed to set aside funds for future expansion of their building and the assessment would almost wipe out those savings. Mark Olson of Elk River has been a member of the Alano Society for almost 20 years. He talked about their property classification as a 501(c)4 organization providing civic betterment. The Alano Society provides services for people that are often assigned by the courts to go into a treatment program. Mr. Olson talked about the building, which is maintained at minimal cost, and the services they provide without requiring their clients to pay fees. There has been an increased demand for services and they are looking at a need to expand their building. City Council Minutes — February 28, 2011 Page 7 Clint Herbst suggested that they might want to go back to their members and ask for monetary donations to help support their programs to give them some breathing room for the assessment. Mr. Olson asked about the possibility of deferring all or some of the assessment. Clint Herbst said that would be taken into consideration during the assessment hearing process. Mr. Olson also asked if the road was being reconstructed to support a greater weight limit due to the truck traffic. Bruce Westby said the weight limit of the road is not proposed to be changed. Bill Seefeldt, Electro Industries owner (2150 West River Street), spoke on several concerns of his. He talked about the ditch drainage and erosion and feels that can be resolved fairly easily. His main concern involves the intersection at CSAH 75 and West River Street, which is a skewed intersection. He would like to see the County and the City go back and study that intersection again and fix the problem by realigning West River Street to intersect with CSAH 75 at a right angle. He explained that it is difficult to see when people are exiting West River Street and turning right onto CSAH 75. Due to limited sight lines, drivers pull into the left lane in order to get a better view of traffic on CSAH 75, which then blocks the intersection to turning traffic and stacks up the cars waiting to turn. Clint Herbst noted that Council will take his cormments into consideration. Mayor Herbst closed the Public Hearing as there were no further comments. Clint Herbst commented that he feels West River Street should be constructed to a 35 foot width, leave off the curb and gutter, and not include the off -road bituminous pathway. He noted that at some point, the City intends to move the ballfields out to Bertram Chain of Lakes and should keep that in mind for how far they extend the street up past Electro Industries driveways. Tom Perrault thought they should add restrictions to not allow parking on West River Street and then curb and gutter would not be needed along the entire street. Bruce Westby explained that parking is not allowed on the street currently and the curb and gutter would help prevent further erosion. Clint Herbst suggested that they could possibly build a "speed bump" at the top of the street near the ballfrelds to help keep the gravel from eroding down the street. Glen Posusta asked Bruce Westby to talk about the options to realign West River Street with CSAH 75 and the costs that would be involved. Bruce Westby showed a couple of options with one crossing estimated at approximately $100,000 and the other at $60,000 to $75,000. Bill Seefeldt asked if there would be some cost savings to rebuild the railroad crossing since they would have to purchase materials no matter which crossing would be constructed. Shibani Bisson of WSB explained there should be some savings, but the materials for a completely new crossing are different and cost more than replacing an existing crossing. It was pointed out that the County is adding turn lanes and a wider radius at that intersection for trucks coming and going. The County would need to do City Council Minutes— February 28, 2011 Page 8 some re- engineering if the City changes the alignment of the road; it is not known whether the City would be charged for any of those extra costs. Tom Perrault suggested that he would like to see Cedar Street sidewalk bid as an alternate, as he does not think it is really necessary. If adjoining properties would be redeveloped, that sidewalk could get torn up. Lloyd Hilgart asked why the City charges double on some residential lots. Clint Herbst explained that some lots could be split off and sold so may be considered as two separate lots for assessment purposes if they have two driveways. Brian Stumpf supports a 35 -foot width road for West River Street with no curb and gutter and putting some sort of obstacle at the top to deter erosion. He questioned Bruce on the on the options for West River Street road widths and shoulders. BRIAN STUMPF MOVED TO ADOPT RESOLUTION #2011 -13A APPROVING OPTION 3 FOR WEST RIVER STREET TO BE RECONSTRUCTED TO A 35 FOOT WIDE RURAL STREET WITH A 5 FOOT ON -ROAD PATHWAY, AND DIRECTING STAFF TO REVIEW ALTERNATIVES FOR THE RIGHT TURN LANE ONTO CSAH 75. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. BRIAN STUMPF MOVED TO ADOPT RESOLUTION #2011 -1313 ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR AREA 4B - EAST RIVER STREET, WITH ALTERNATE BIDS: (A) RECONSTRUCTION OF ELLISON PARK PAVED SURFACES, INCLUDING INSTALLATION OF SEWER AND WATER SERVICES TO LOG SHELTER, AND (B) RECONSTRUCTION OF EAST BRIDGE PARK PARKING LOT. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH TOM PERRAULT OPPOSED. 8. Public Bearing — Consideration of approving submission to the Department of Natural Resources of the Monticello 2011 Outdoor Recreation Grant Application Request for the Phase IV Property Acquisition at the Bertram Chain of Lakes Regional Park Angela Schumann explained that staff is recommending tabling action as they would like more time to investigate funding options and maximize grant opportunities for purchase of additional land. This will enable City and County staff and Parks Commission to do some concept planning for Parcels 1 and 2 of the Bertram Chain of Lakes land acquisition. GLEN POSUSTA MOVED TO TABLE THE PUBLIC HEARING INDEFINITELY. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. City Council Minutes— February 28, 2011 Page 9 9 10. Added items a) Third Graders— Tom Perrault reminded listeners that, last year, third graders brought ideas to Council for things that they would want to see in town. One of their requests was a "Game Stop" in town. Tom Perrault noted there is now a Game Stop store. Angela Schumann will try to find her notes and pass that onto the class teacher. h) Temporary signage suggestion from Chamher Director — Clint Herbst noted that Chamber Director Sandy Suchy suggested consideration of allowing businesses to use as much temporary signage (ie. large black signs) as they would like during 2011. This would give the City a chance to see how much these signs would actually be used if there are fewer or no restrictions. Angela Schumann explained the discussions that have taken place recently and that will be discussed at the Planning Commission meeting. There will likely be a proposal brought forth at the next Council meeting. c) Silver Creek hosting meeting regarding Hospital District status —Jeff O'Neill mentioned that Silver Creek Township invited neighboring entities to a workshop to discuss the status of the New River Hospital District and options that are under consideration. Jeff O'Neill is recommending that Council members consider attending. Tom Kelly or Jeff O'Neill will be present to represent the City. d) Closed session —Jeff O'Neill reminded Council that there will be a closed session after regular business is completed. e) Presentation on liquor store net profits — Lloyd Hilgart reminded staff that he would like an update about net profits of Liquor Store rather than only the gross profits. Tom Kelly will have that information for the next meeting. P Mowingplan.for 2011- Jeff O'Neill asked if committee could reconvene to look at mowing plan for 2011. Clint Herbst suggested that Glen Posusta be the Council representative. Approve payment of bills for February 28`x' Tom Perrault mentioned that there are more clothing expenditures for Public Works. Tom Kelly noted that those are for work shirts with the yellow reflective striping. LLOYD HILGART MOVED TO APPROVE PAYMENT OF THE BILLS FOR FEBRUARY 28TH. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0 TO PAY THE BILL REGISTERS TOTALING $367,583.44. City Council Minutes— February 28, 2011 Page 10 TOM PERRAULT MOVED TO RECESS TO A CLOSED SESSION IN THE ACADEMY ROOM. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. 11. Adjournment TOM PERRAULT MOVED TO ADJOURN THE MEETING AT 9:40 P.M. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Catherine M. Shuman Approved: March 14, 2011 Attest: y ministrator City Council Minutes— February 28, 2011 Page 11