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City Council Minutes 06-13-2011MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, June 13, 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 7:01 p.m. and declared a quorum present. The Pledge of Allegiance was recited. 2A. Approval of Minutes — May 23, 2011 Park & Trail Plan Workshop BRIAN STUMPF MOVED TO ACCEPT THE MINUTES OF THE MAY 23, 2011 WORKSHOP AS PRESENTED. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 2B. Approval of Minutes — May 23, 2011 Regular Meeting TOM PERRAULT MOVED TO ACCEPT THE MINUTES OF THE MAY 23, 2011 REGULAR MEETING AS CORRECTED. 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) new signage for census counts, b) Library parking, and c) Disc golf course. 4. Citizen comments, public service announcements, and staff updates a. Citizen Comments: 1) Dan Lemm, 11380 Cameron Av NE —suggested more detailed explanation for agenda titles to identify properties; thanked Council for the nice activities at Bertram Family Fun Day; commented on high water levels of the river and suggested using holding ponds to reserve water so it doesn't all run into the river. b. Public Service Announcements: 1) Bertram Family Fun Day wrap -up - Angela Schumann provided a summary of the events for June 11"' at Bertram Chain of Lakes Regional Park. Free activities included hiking, canoeing, kayaking, swimming, fishing, raptor and wildlife demonstrations and much more. She also showed some slides from the day. 2) Movie in the Park (6/17) - Angela Schumann noted that the movie, ET, starts at dusk, is free to the public, and sponsored by MCC. Bring lawn City Council Meeting Minutes —June 13, 2011 Page 1 chair or blanket and concessions available for purchase. Parks Department will spray for mosquitos. 3) Walk & Roll (6/18) — Angela Schumann noted that this takes place June 18 from 9 a.m. to 1 p.m. starting at New River Hospital and follows a route along East River Street to East Bridge Park. Fill your pathport and turn it in for door prize drawings in the park at 1 p.m. Thank you to the many bike sponsors and others who helped make this a success. 4) Riverfest (7/7 -10) — Clint Herbst stated that the Riverfest Committee is ready to go. There are several new activities including a pie eating contest before the dance on Saturday, July 9. Brian Stumpf mentioned that a Downtown Block Party is taking place again on Wednesday, July 6. C. Staff Updates: 1) Mn/DOT 25/11/14 Intersection Improvements project update — Bruce Westby explained that there is only one lane of traffic on far side (north end) of bridge which backs up traffic quite a ways during rush hour. So far MnDOT has not informed the City as to whether their contractor will be able to construct the lane shift on the bridge as requested by the City. Clint Herbst asked about blacktopping by Walgreen's. Brice Westby explained that will probably take place the week of June 20t" for the final lift. They need to wait for the concrete to cure. Striping would take place about a week after the blacktopping. 5. Consent Agenda: A. Consideration of approving payment of bill registers for June 13th. Recommendation: Approve payment of bill registers for June 13`i' in the amount of $2,490,961.67. B. Consideration of approving new hires and departures for City departments. Recommendation: Ratify new hires and departures for MCC, FiberNet, Liquor Store, and Streets. C. Consideration of accepting quotes and awarding contract for the 2011 Street Bituminous Sealcoat Project. Recommendation: Accept quotes and award contract for the 2011 Sealcoating Project to Allied Blacktop Company in the amount of $63,086.76. D. Consideration of adopting Resolution #2011 -45 calling for a Public Hearing for consideration of vacation of drainage and utility easements as petitioned by the landowners of Outlot A, Monticello Business Center 5th Addition; Applicant: Quad Development, LLC . Recommendation: Adopt Resolution #2011 -45 calling for a public hearing on June 27«' for consideration of vacating a portion of the drainage and utility easements on Outlet A, Monticello Business Center 5"' Addition for Quad Development, LLC. City Council Meeting Minutes —June 13, 2011 Page 2 E. Consideration of adopting Resolution #2011 -47 approving the Monticello Business Center 61l' Addition Final Plat, approving the Monticello Business Center 6tv Addition Development Agreement and reestablishing drainage and utility easements; Applicant: Quad Development, LLC. Recommendation: Adopt Resolution #2011 -47 approving the Final Plat and draft Development Agreement for Monticello Business Center 6t" Addition, on the following conditions; and approve reestablishing the drainage and utility easements as described on the Final Plat, contingent on approval of the vacation at the June 27a' public hearing. • Applicant will enter into a Development Agreement with the City of Monticello • Applicant will comply with terms of the approved PUD F. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA G. Consideration of approving waiver of the Building Plan Check Fee for DLLK Properties, LLC in accordance with the Business Expansion Incentive Pilot program. Recommendation: Approve waiving the building plan review fee (in the amount of approximately $2,000) on the building permit for DLLK Properties LLC, Phase I construction of Landmark Center NAPA build -out, through a subsidy from the Business Expansion Incentive Pilot program. H. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA TOM PERRAULT MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS F AND H. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 6. Consideration of items removed from the consent aeenda for discussion #5F. Consideration of adopting Resolution #2011 -50 accepting quotes and awarding contract for completing the second Common -Use Dumpster Enclosure in the Block 35 Municipal Parking Lot, City Project No. 100008 Lloyd Hilgart had a few questions for Bob Paschke. He wanted to know why it was necessary to add a roof to the structure. Glen Posusta noted that the logic behind that was to keep snow out in winter and rain in summer and prevent people from throwing things into the enclosure through the top. Clint Herbst commented that he feels it would be useable in the summer. Bruce Westby mentioned that it may cause the weight of the trash and recyclables to increase if rainwater is introduced into the dumpsters and therefore increase their waste disposal costs. Lloyd Hilgart also asked about the pitch of the roof. Clint Herbst explained that the roof height was less intrusive as designed and allowed better view of the back of the businesses and their signs. City Council Meeting Minutes —June 13, 2011 Page 3 GLEN POSUSTA MOVED TO ADOPT RESOLUTION #2011 -50 ACCEPTING QUOTES AND AWARDING CONTRACT TO FULLER CONCRETE AND MASONRY IN THE AMOUNT OF $4,277 TO CONSTRUCT THE MASONRY WALLS AND GATES FOR THE 2ND DUMPSTER ENCLOSURE, AND TO AUTHORIZE STAFF TO SOLICIT QUOTES FOR A STEEL ROOF. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. #SH. Consideration of approving Final Stage Planned Unit Development for Landmark Center Tom Perrault is concerned about the traffic movement in the northeast corner of the proposed layout of the building and parking. He noted that there is no turn lane corning off Cedar Street and felt this might be a problem. Angela Schumann indicated that this was already approved in the original PUD and WSB did look that over again. Glen Posusta noted that he had a concern about the east elevation of the building. Angela Schumann explained that this was discussed with the Planning Commission and is being addressed. Planning Commission is adding a condition to add detail to that wall and is listed in Exhibit Z below. LLOYD HILGART MOVED TO APPROVE THE FINAL STAGE PUD FOR LANDMARK CENTER, SUBJECT TO ORIGINAL CONDITIONS OF THE JUNE 11, 2007 APPROVAL AND THOSE CONDITIONS IN EXHIBIT Z AS FOLLOWS. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. 1. The applicant is to clarify the intensity of off - street loading activities to the satisfaction of the City. 2. No semi - trailers will be allowed to remain on -site for longer than a 24 hour period, consistent with regulations for the temporary nature off-street loading. 3. The applicant is to provide turning templates for truck traffic entering and exiting the site with building permit. 4. The applicant is to provide additional detail (pilasters, false windows, plane break -up) on the east wall facing Cedar Street, consistent with the original approval. S. The applicant is to supply a pavement striping /painting plan far the one -way areas with buildingpermit. 6. A cross - easement for parldng and access must remain in place to accommodate potential future changes in use for the tenants within the buildings. 7. Specific lighting fixture detail will be required for all architectural lighting elements, which must not exceeding 60 watts or 100 lumens. 8. Compliance with the comments by the City Engineer on the Grading, Drainage & Erosion Control, Utility and SWPPP Plans. 9. All conditions assigned under the June ]f", 2007 approval shall be applicable. 7. Consideration of adopting Resolution #2011 -49 accepting bids and awarding contract for 2011 Street Reconstruction, City Proicet No. 11C001 City Council Meeting Minutes —June 13, 2011 Page 4 Bruce Westby gave a presentation for Council to show the different elements of the proposed project. The streets identified for reconstruction and other improvements with this project include: Area 4B (East River Street) • East River Street— Cedar Street to +/- 1,100' east of Washington Street • Cedar Street —Fast Broadway (CSAH 75) to East River Street and sidewalk extension • Palm Street — East Broadway (CSAH 75) to East River Street • New Street — East Broadway (CSAH 75) to East River Street • Wright Street — East Broadway (CSAH 75) to East River Street • Ramsey Street — East Broadway (CSAH 75) to East River Street • Hennepin Street — East Broadway (CSAH 75) to East River Street • Washington Street — East Broadway (CSAH 75) to public access /park entrance • Ellison Park — Parking lot, internal drive, and boat launch access drive, and sewer (and water) service(s) • East Bridge Park — parking lot reconstruction West River Street • West River Street — West Broadway (CSAH 75) to Xcel ball fields entrance 7th Street and Walnut Street Intersection Improvements • Turn lane and pedestrian crossing improvements • Mill and overlay 7 I Street from Walnut Street to approximately 100 feet west of Locust Street Bruce noted that 4 bids were received and were very competitive, with Redstone being the lowest bid on the base project plus the total of the base plus alternates. Bruce Westby pointed out that the East Bridge Park and Ellison Park parking lot reconstruction bids were higher than the Engineer's estimate, but the sanitary sewer extension was less. Bruce Westby explained that based on recent pavement evaluations the parking lot and internal drive at Ellison Park is in very poor condition and would recommend that the alternate bid be accepted, along with the sanitary sewer extension. Clint Herbst was curious why the alternate bids for paving the East Bridge Park and Ellison Park parking lots were so much higher than the Engineer's estimates. Shibani Bisson of WSB explained that they need to bring smaller equipment into the park and that could have some bearing on the bids. Glen Posusta questioned whether a smaller contractor might bid lower and if it would be worth considering bidding the parking lot reconstruction again. Shibani did not think it would be a significant difference. Lloyd Hilgart asked whether it was possible to select a different bid than the lowest. Tom Kelly pointed out that they would need to accept the lowest qualified bid but the City could reserve the right to negotiate the contract. Bruce Westby also noted that the water service extension to Ellison Park would be an additional amount, estimated at $8,000; this had accidentally been omitted from the City Council Meeting Minutes —June 13, 2011 Page 5 8. original bid request. Consensus of Council was to include extension of water service if they extend the sanitary sewer. Mayor Herbst asked if anyone from the public had any comments but no one came forward. LLOYD HILGART MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2011 -49 AWARDING THE CONTRACT TO REDSTONE CONSTRUCTION COMPANY OF MORA WITH A TOTAL BID OF $1,850,013.38 AND ADD A WATER SERVICE TO ELLISON PARK FOR AN ESTIMATED AMOUNT OF $8,000. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. Tom Perrault commented on sidewalk; he was not able to differentiate any costs for the sidewalk on Cedar Street and will just let it be. for 11CO02 Bruce Westby summarized the project for street lighting and the proposal from Wright Hennepin Services (WHS) which would cover construction costs of $264,585 plus maintenance agreement at $357.75 per month. The proposed lighting system consists of a total of 34 light assemblies including 11 stand -alone street lights, 19 street lights with backside pedestrian lighting, and 4 stand- alone pedestrian lights on 7ti' Street East between Cedar Street and the Union Crossings development. The street light assemblies consist of 130 -watt LED rectilinear (non- ornate) full cut -off light fixtures mounted on 6 -foot roast arms atop 25 -foot tall aluminum poles with screw -in bases. Where street lights are adjacent to pedestrian pathways a 33- watt rectilinear full cut -off light fixture will be mounted on the backside of the light poles at a height of 15 -feet using 2 -foot roast arms. Where only pathway lighting is needed, 15 -foot tall aluminum poles will be installed on screw -in bases on which a 50 -watt rectilinear full cut -off light fixture will be mounted at a height of 15 -feet using 2 -foot mast anus. The plan provides for a maximum pole spacing of 350 -feet, with poles being staggered between alternating sides of the street where practical. Assessments are not being proaposed for any portion of this project because intersection lighting already exists along 7 ' Street East between Fallon Avenue and Cedar Street, and because the adjacent properties include a variety of uses including undeveloped, commercial, multiple - dwelling units (MDU's), and Saint Henry's church, many of which would likely receive little to no benefit from the proposed improvements. The City currently has about $917,000 in the Street Light Improvement Fund, which was generated through the City's electric franchise and is specifically designated for such street lighting improvements. City Council Meeting Minutes —June 13, 2011 Page 6 Clint Herbst asked if it was possible to accept the proposal without the maintenance. Bruce Westby explained that the City would prefer to have WHS take care of the maintenance as the City is not prepared to handle the maintenance at this time. Bob Paschke explained that the lights have a 5 year warranty and the City would not be locked into a maintenance contract for a specific period of time. City would be required under the proposed contract to provide a 1 -year notice prior to discontinuing the maintenance. Council would prefer to reduce the 1 -year notice requirement in the contract to 1- month, and to revisit the operation of the lighting system after it has been in place for 11 months. Tom Perrault asked if there was a cap on the amount of funds that we can keep in the Street Lighting fund from franchise fees. Tom Kelly explained that he is not aware of a cap but there is a limit to the length of time that franchise fees would be collected. At expiration, the agreement would have to be extended to continue the franchise fees. Tom Perrault suggested that it might be good to wait a couple of years on this project until the Fallon Avenue Overpass is done. Bruce Westby indicated that it appears that there is a cap of $1 million on the amount that can be in the fund. Tom Perrault asked if there might be concerns about "light pollution." Clint Herbst noted there might be some complaints because people would not be used to the lighting levels. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2011 -51 ACCEPTING THE PROPOSAL AND AWARDING A CONTRACT IN THE AMOUNT OF $264,585 FOR THE 2011 STREET LIGHTING IMPROVEMENTS FOR 7' STREET EAST, CITY PROJECT NO. 11C002, INCLUDING MONTHLY MAINTENANCE AT $357.75; ALSO RECONSIDER THE MAINTENANCE AGREEMENT IN 11 MONTHS AND REDUCE THE ONE -YEAR NOTICE REQUIREMENT IN THE MAINTENANCE CONTRACT TO ONE - MONTH. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH TOM PERRAULT VOTING IN OPPOSITION. 9. Consideration of adopting Resolution #2011 -48 supporting State of Minnesota 2012 bonding request as related to acquisition of Bertram Chain of Lakes (BCOL) proper Angela Schumann explained the basis for the resolution to support a bonding request to the State of MN to secure funding for BCOL property. Lloyd Hilgart asked for an explanation on the funding request. Tom Kelly explained that the State will bond for funding requests on large projects. For this project, funds from the LCCMR or other state sources would repay the bonds, and the City and County would have to match any requests that are approved. The grant portion from the State would not have to be repaid. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2011 -48 SUPPORTING A STATE OF MINNESOTA 2012 BONDING REQUEST RELATED TO ACQUISITION OF LAND AT BERTRAM CHAIN OF LAKES City Council Meeting Minutes —June 13, 2011 Page 7 PROPERTY. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH TOM PERRAULT VOTING IN OPPOSITION. 10. Consideration of request by Paxmar LLC for a reduction in WAC and SAC fees for 2011 Angela Schumann provided an explanation of the request from Paxmar LLC to have water access charges (WAC) and sewer access charges (SAC) fees reduced for lots in Carlisle Village and Sunset Ponds. They have purchased lots in these developments and feel that they could attract more interest if they could pay reduced fees. Angela Schumann explained that staff researched programs that were conducted in Annandale, Big Lake and Clear Lake that provided fee reductions to developers. Annandale is in the midst of their program and will be evaluating at the end of the year. Big Lake has decided not to renew the program as they could not show that results were beneficial to the City in encouraging new residential building units. Clear Lake has had some success with their program which applies only to single family residential homes with the intent of generating permit activity to help fund their debt service on new infrastructure. Angela Schumann explained that the City of Monticello may face issues with their Rind balances that help support debt service payments if they reduce SAC and WAC fees. These fee reductions would apply to all developers if adopted. Although new homes would increase tax revenues, the offsetting service costs may not pay for themselves. Angela Schumann did note that studies show that adding homes would have some benefit to the community through increased economic activity. Angela Schumann talked about some alternatives including allowing assessment of WAC and SAC fees or applying a percentage reduction of fees. CLINT HERBST MOVED FOR ALTERNATIVE #1 TO TAKE NO ACTION AND LEAVE THE FEE SCHEDULE AS IS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. Glen Posusta noted that the developer already received a very good deal when they purchased the lots and does not feel they need a further break. Tom Perrault felt that they should pay their own way as other developers have done previously. 11. Consideration of adopting Resolution #2011 -52 accepting bids and awarding contract for CSAH 75 Pedestrian Underpass and Pathway Improvements, City Project No. 100010 Bruce Westby gave a short presentation about the project to incorporate a pedestrian underpass as part of Wright County's CSAH 75 reconstruction. Wright County does not permit an at -grade crossing on roads that are at 45 mph speed or greater. Currently, Xcel employees use a trail that goes under the old RR bridge between the plant and the training City Council Meeting Minutes —June 13, 2011 Page 8 center. When CSAH 75 is reconstructed, the RR bridge will be taken down thus eliminating the former crossing. The main advantage to putting in a pedestrian underpass at this time is because the box for the underpass can be placed at -grade before the new roadway is built up around it. The underpass would connect pathways on the north and south sides of CSAH 75 and link to Montissippi Park. City staff did meet with the Wright County Board twice in an attempt to secure some funding from Wright County to help offset the costs. Wright County did not take any action to participate in the funding as they did not feel this would ever connect to a regional trail system and they have declined to fund similar requests in the past. They did provide a letter of support for the project, however. City staff also met with Xcel Energy and secured donations of easements, land and up to $20,000 toward the project. Xcel is also contributing $3,500 toward the feasibility study for the underpass. Bruce Westby reviewed the possible funds available to help pay for the project costs, including state aid funds. He reviewed the list of current and future projects which would be eligible for state aid funds and indicated that the underpass should not impact funding of other projects with state aid money. Bruce Westby also reminded Council that city staff has applied for grants through the DNR which could help fund the pathway segments, which would cover approximately 50% of the estimated costs. Wright County will be deciding on award of the CSAH 75 project on June 14th. Therefore Council is asked to make a decision on this request so that City Engineer Bruce Westby can deliver this information to the County Board. Glen Posusta noted that he does not support the pedestrian underpass and was concerned about the reference to future development and need for storm water pending. He would recommend Alternative #2. Bruce Westby explained that the storm water pending would include drainage from development south of the freeway and not necessarily from Xcel property only. Clint Herbst did not feel that the cost would be justified for a pedestrian underpass and there were many other places that they could better use $250,000 for park and trail development, such as in Bertram Chain of Lakes regional park. Brian Stumpf expressed concern about depleting reserves and maintaining fund balances for the City. Jeff O'Neill spoke in favor of the project, noting the opportunity to provide a safe crossing at CSAH 75 west. He also noted that he feels the County should have been willing to share in the cost of the project being that they are removing the RR bridge and should consider assistance to provide an alternate crossing. Jeff O'Neill asked if Council would consider approving an amount to contribute toward the pedestrian underpass, which could be presented to the County Board to consider when awarding the project. Lloyd Hilgart mentioned that he was in favor of the project and could see the benefit of it. However, after listening to the goal and budget workshop presentation, he feels that the $250,000 price tag is too high. Tom Perrault said that he does not like the high price but City Council Meeting Minutes —June 13, 2011 Page 9 feels that this is the right time to do the project. He feels that the City could find the funds for the project. Jeff O'Neill suggested that the City could consider doing a smaller portion of the project to get the box culvert into the ground. Lloyd Hilgart asked if there was an amount for just the pedestrian underpass and Bruce Westby identified $110,000 as the base amount for that portion. Clint Herbst stated he would be okay with offering an amount to go toward installation of the pedestrian underpass itself. GLEN POSUSTA MOVED FOR ALTERNATIVE #2 TO DENY ADOPTION OF THE RESOLUTION AND NOT AWARD A CONTRACT FOR THE CSAH 75 PEDESTRIAN UNDERPASS AT THIS TIME. BRIAN STUMPF SECONDED THE MOTION. MOTION DEFEATED 2 -3 WITH CLINT HERBST, TOM PERRAULT, LLOYD HILGART VOTING IN OPPOSITION. LLOYD HILGART MOVED TO OFFER $50,000 TOWARD THE CSAH 75 PEDESTRIAN UNDERPASS PORTION OF THE COUNTY'S CSAH 75 PROJECT. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED 3 -2 WITH GLEN POSUSTA AND BRIAN STUMPF VOTING IN OPPOSITION. 12. Added items a) Update signs with census counts - Brian Stumpf asked about new signage for census counts. Bob Paschke is working on it and noted that MnDOT is responsible for replacement of signs. b) Library Parking - Lloyd Hilgart noted that the Library Board is happy with the new signs installed in the parking lot. c) Disc golf course - Clint Herbst asked Tom Pawelk to talk about the plans for a possible disc golf course at Monte Club hill. The course at ParWest Park is not large enough and they have been getting citizen requests for a larger area. Tom Pawelk explained that the plans for a course at Monte Club Hill were dropped from the 2011 budget. He understands that the Rotary is still interested in participating and will talk to them. 13. Adiournment GLEN POSUSTA MOVED TO ADJOURN THE MEETING AT 8:48 P.M. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH TOM PERRAULT OPPOSED. Recorder: Catherine M. Shuman P.QJ Approved: June 27, 2011 Attest: ✓Ce . (AWYAministrator City Council Meeting Minutes —June 13, 2011 Page 10