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City Council Minutes 10-08-2012MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, October 8, 2012 — 7 p.m. Mississippi Room, Monticello Community Center Present: Clint Herbst, Lloyd Hilgart, Tom Perrault, Brian Stumpf Absent: Glen Posusta 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. IA. Spare Key Appreciation Day Proclamation Mayor Herbst proclaimed Saturday, October 13, 2012 Spare Key Appreciation Day. Spare Key is an organization that assists families with terminally ill children pay their mortgage so that they don't have to choose between their home and their child. 2A. Approval of Minutes — September 24, 2012 Special Meeting LLOYD HILGART MOVED TO ACCEPT THE SEPTEMBER 24, 2012 SPECIAL MEETING MINUTES AS PRESENTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 3 -0. (Brian Stumpf did not vote.) 2B. Approval of Minutes — September 24, 2012 Regular Meeting LLOYD HILGART MOVED TO ACCEPT THE SEPTEMBER 24, 2012 REGULAR MEETING MINUTES AS PRESENTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 3 -0. (Brian Stumpf did not vote.) 3. Consideration of adding items to the agenda Broadband and Economic Development conference in Danville, Virginia (Jeff O'Neill) Battle Rapids Park (Tom Perrault) Meeting absences (Brian Stumpf) — Stumpf clarified he had been absent from a number of recent City meetings due to planned family events as well as emerging farnily issues. He indicated that he had been in contact with City staff about these absences. 4. Citizen comments, public service announcements, and updates a. Citizen Comments: 1) Brian Doran introduced himself as a candidate for the State Senate District 29. 2) Barrett Chrissis introduced himself as a candidate for the State House of Representatives District 29B. b. Public Service Announcements: 1) Leaf Pickup (11/3) - Bob Paschke announced that the annual curbside leaf pickup would be conducted at 7 a.m. on Saturday, November 3 "'. There are also leaf drop off sites at River Street on the north end of town and the Public Works facility during working hours. C. Updates: 1) Great River Regional Library /Monticello Branch Update - Monticello Librarian Deb Luken summarized local library usage statistics for 2012 noting that the hours of service had increased by 3 per week and that circulation had increased by 3.9 %. Clint Herbst complimented library staff on the service they provide for the community. Luken agreed that library usage has very likely increased due to economic circumstances. She noted, however, that funding had been reduced throughout the regional library system and thanked the City for its continued generous support. 2) FiberNet Monticello - General Manager Mark Pultusker outlined recent management changes put in place as FiberNet reshapes itself as a broadband company and solutions provider. The billing system has been redesigned so that subscribers can more clearly identify actual costs for services. New mechanisms have been established to further improve financial and system controls, account for inventory and subscriber equipment, work orders and scheduling. Staff have been working to make the system more stable and adaptable for various services and technical support hours have been extended. Employees have been empowered to make decisions to resolve issues on the spot and there is a greater emphasis on communication within the organization. Cross training has also been implemented to improve productivity. FiberNet is currently testing providing internet, video, and phone service to apartment buildings. The system will soon provide updates as to changes to the level of service on Charnel 14, the FiberNet website, and via email to subscribers. 5. Consent Agenda A. Consideration of approving payment of bill registers for October 8th Recommendation: Approve payment of bill registers in the amount of $573,485.04 for October 8t". B. Consideration of approving new hires and departures for City departments City Council Meeting Minutes — October 8, 2012 Page 2 Recommendation: Ratify new hires and terminations for the Monticello Community Center, Hi -Way Liquors and the Parks Department. C. Consideration of appointing additional election judges to serve for the 2012 General election Recommendation: Appoint additional election judges to serve for the 2012 General election: Mary Dorf, William Hoffarth, Debra Luken, Rose Peters, Alyssa Rhoades. D. Consideration of adopting Resolution #2012 -083 accepting contributions from the Wright County /West Metro Whitetails Chapter of the MN Deer Hunters Association and the Reich family for the Monticello Fire Department Recommendation: Accept contribution from the Wright County/West Metro Whitetails Chapter of the MN Deer Hunters Association in the amount of $127 and from the Reich family in the amount of $50, both for the Monticello Fire Department. E. Consideration of adopting Resolution # 2012 -084 formally accepting a donation from Robert Paschke for City and Bertram Regional Parks Recommendation: Accept a donation of a fishing pier system from Robert Paschke for City and Bertram Regional Parks. F. Consideration of approving a boulevard tree planting plan on Chelsea Road right of way THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. G. Consideration of adopting Resolution #2012 -085 accepting Improvements and authorizing Final Payment to Schluender Construction, Inc. for the 2012 Stormwater Pond Improvements, City Project No. ZSTORM -2012 THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. H. Consideration of approving a Professional Services Contract with FiberConnect for the management and operations of FiberNet Monticello Recommendation: Approve a Professional Services Contract with FiberConnect for the management and operations of FiberNet Monticello. I. Consideration of approving a supplemental payment to FiberConnect equal to savings resulting from reductions in fees paid to HBC along with funding of necessary travel expenses Recommendation: Approve a supplemental payment to FiberConnect equal to savings resulting from reductions in fees paid to HBC along with funding of necessary travel expenses. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM 5F AND 5G. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 4 -0. 6. Consideration of items removed from the consent agenda for discussion City Council Meeting Minutes— October 8, 2012 Page 3 5R Consideration of approving a boulevard tree planting plan on Chelsea Road right of way Tom Perrault asked if the City or the developer would be paying for the trees. Bob Paschke indicated that funds to pay for this would come from an excess balance in the Carlisle Village tree fund. He stated that the trees would be spaced about 100 feet apart. O'Neill suggested that this would provide a good start for establishing trees along the Chelsea corridor. Perrault shared his concern that the trees might not thrive due to the dry season this year. Pasclike suggested that City staff would water the trees aggressively. He pointed out that the City could instead opt to choose a vendor who would provide a guarantee the life of the trees at a cost of $1,200. Stumpf suggested that trees should be planted so that they don't affect site lines. Paschke said staff had looked at sign placement and street lights to make sure that they are spaced appropriately. Perrault said he prefer to have trees planted as development occurs. BRIAN STUMPF MOVED TO RECOMMEND APPROVAL OF THE BOULEVARD TREE PLANTING PLAN. MOTION WAS SECONDED BY LLOYD HILGART. MOTION CARRIED 3 -1 WITH TOM PERRAULT VOTING IN OPPOSITION. 5G. Consideration of adopting Resolution #2012 -085 accepting Improvements and authorizing Final Payment to Schluender Construction, Inc. for the 2012 Stormwater Pond Improvements, City Project No. ZSTORM -2012 City Engineer Bruce Westby asked that this item be removed from the agenda and moved to a different meeting. 7. Public Hearing - Consideration of adopting Resolution #2012 -87 accepting Feasibility Report, ordering improvements, and authorizing preparation of Plans and Specifications for Waste Water Treatment Facility Biosolids Dewatering, Energy Efficiency, Headworks and Site Improvements, City Project No. 12CO03 Bruce Westby indicated that this item provided follow up to the Council workshop of September 24"'. He noted that, although not provided as part of the agenda, a Feasibility Report which included a tech memo from Veolia Water and related analysis from WSB, was now available for review. He recapped that the proposed improvements to the Wastewater Treatment Facility would address pending biosolids management issues, improve operating efficiencies and reduce operating costs, address existing operational deficiencies, improve the safety of the overall system, and extend the useful life of equipment. He outlined the highest priority benefit of the screw press sludge dewatering process, noted energy efficiency improvements which would enhance process control flexibility, pointed out that the relocation of the headworks would alleviate pump plugging, indicated that increasing the wet -well size would improve detention time and suggested that miscellaneous site improvements would increase processing capability. City Council Meeting Minutes — October 8, 2012 Page 4 The total cost for the first phase of the project, which includes dewatering and energy efficiency improvements, is estimated to be $2.428 million. The cost of these improvements is expected to be financed through the Sewer Fund within the existing rate structure. All the improvements are included as part of the Capital Improvement Program. It is anticipated to cost $196,000 to prepare Phase I plans and specs based on analysis conducted by Veolia and WSB. Stumpf asked about the 35% contingency. Westby indicated that the cost is a rough estimate at this point but that it does cover any ancillary equipment. Sewer Access Charge fees have not kept pace with expectations due to slow growth. Treatment plant bonds will be paid off in 2018. Bonding would likely be used initially and repaid for through various funds over time. The total cost anticipated for the second phase is $3.672 million. Staff expect to bring funding recommendations for Phase II, which includes relocation of the headworks, wet well improvements and miscellaneous site improvements, before Council in November. Staff hope to preorder equipment by October 22 "a and authorize Phase II plans and specs by November 26t ". Phase I construction is expected to be completed by October 2013. Westby said that the City will continue to work with Cargill Kitchen Solutions on funding options. Perrault determined that approving the resolution would not bind the City to following through with Phase II. Stumpf asked why the City wouldn't wait until Phase I was completed before beginning Phase II. Bret Weiss noted that it would be useful to obtain a competitive bid from the same contractor who will be working onsite in Phase I. He also indicated that it would be beneficial to begin Phase II earlier as it would take longer to complete. Lloyd Hilgart suggested that, although the sale of the land is propelling this project forward, it is the goal of addressing state sludge requirements that drives it. Mayor Herbst opened the public hearing. Dan Lemm (8 Linn Street), asked why the sludge couldn't be sold to farmers for fertilizer rather than landfilled. Westby pointed out that only Class A sludge could be sold and explained that it was appropriate to apply Class B sludge to the land because the land was not used for consumption crops. Bret Weiss clarified that the cost Lemm was concerned about was actually related to an engineering proposal that had not been selected by the City. Lemm also recommended that Council cap change orders. Stumpf stated that such issues were addressed in City ordinances. City Council Meeting Minutes — October 8, 2012 Page 5 91 Brad Fyle, (5014"' Street West), pointed out that about fifteen years ago he had toured facilities which were utilizing dewatering processes and determined that it wasn't a workable option. The City had, at that time, opted instead to purchase property to use as a sludge farm. He suggested that it would be beneficial to purchase additional property for that purpose. He noted, as well, that dewatering technology may have improved since then. Herbst said the City had held off on expansion because the growth rate hadn't justified the cost. He noted that the City had participated in a more recent on -site demonstration of the dewatering process and found it to be effective. He also suggested that the process of locating, licensing, and monitoring additional land for a sludge farm has proven to be somewhat difficult. Bret Weiss pointed out that the City would have to purchase additional land, upgrade equipment, and add storage over the next ten years at a cost of about $2 million dollars to maintain current sludge processes. He suggested that putting the new process in place would be less than half that cost. Monticello's previous Public Works Director, John Simola, (17663 224th Ave NW, Big Lake), applauded the City for moving forward with the wastewater treatment plant improvements. He noted that, although the screwpress process would dry sludge by 16- 20%, some 80% of the sludge would still hold water and require landfilling. He agreed that there was not much holding capacity in the wet well and suggested that the wet well be cleaned annually to remove grit. He said that he'd be happy to provide any assistance with the improvement process. Mayor Herbst closed the public hearing. LLOYD HILGART MOVED TO ADOPT RESOLUTION #2012 -87 ACCEPTING FEASIBILITY REPORT, ORDERING IMPROVEMENTS, AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR PHASE I OF THE WASTE WATER TREATMENT FACILITY BIOSOLIDS DEWATERING, ENERGY EFFICIENCY, HEADWORKS AND SITE IMPROVEMENTS, CITY PROJECT NO. 12C003. MOTION WAS SECONDED BY BRIAN STUMPF. MOTION CARRIED 4 -0. River Street Staff reported that traffic data resulting from studies of intersections at Maple and 4`h Streets, Maple and Third Streets, Elm and West River Streets, and Linn and West River Streets had determined that all way stops were not warranted. These studies had been conducted both when school was and was not in session. City Council Meeting Minutes— October 8, 2012 Page 6 Tom Giroux, (122 Marvin Elwood Road), expressed his safety concerns. He provided several petitions for council consideration which show overwhelming resident support for stop signs at the previously mentioned intersections as well as for a mid -block crosswalk at Hope Evangelical Church to its parking lot across 4«' Street. Bret Weiss indicated that it often does more harm than good to put stop signs where they are not warranted. Lemm spoke again to share his opinion that the City should address neighborhood concerns despite MnDot traffic safety guidelines. Ron Michaelis, (625 W. 3`d Street) indicated that he would like a stop sign at his intersection too because of the distance between signs and the speed at which cars travel. Stumpf said that pedestrians have to take responsibility for their safety too and noted that every street cannot have a stop sign or traffic would always be backed up. Bruce Westby confirmed that the traffic study data did not come close to warranting all way stops. Staff noted that the City would not be held liable for erecting stop signs when not warranted. Lloyd Hilgart asked if staff had sent out notices about this issue. Westby indicated notices had not been sent and that it was not a public hearing. There was brief consideration about options, such as a portable crosswalk or pedestrian activated crossing lights, which may be of interest to the church. Hilgart noted that cars don't always stop for pedestrians in crosswalks. Perrault stated that, although it might provide a false sense of security, he would like to see stop signs at all four intersections. He also expressed concern that the traffic counts were only taken during weekdays and not on weekends when there would have been traffic around the two churches located in the Maple Street area. BRIAN STUMPF MOVED TO DENY INSTALLATION OF ALL -WAY STOP SIGN CONTROLS AT ANY OF THE FOUR INTERSECTIONS IDENTIFIED ABOVE AND RECOMMEND THAT THE CHURCH WORK WITH STAFF TO DETERMINE OPTIONS FOR A CROSSWALK IN THAT MID -BLOCK AREA. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 3 -1 WITH TOM PERRAULT VOTING IN OPPOSITION. 9. Consideration of a petition for Edmonson Avenue Pathway Improvements Bruce Westby indicated that a resident from Golden Eagle Villas Estates had presented a petition to Bruce Westby in support of Edmonson Avenue Pathway improvements. Clint Herbst asked if it was appropriate to consider a petition that did not include addresses. O'Neill said it was up to council discretion. Westby suggested that staff contact City Council Meeting Minutes — October 8, 2012 Page 7 petitioners to obtain more specifics on the exact nature of the request. Westby pointed out that pathway improvements had been discussed at one point but the City had decided to wait for development to occur on parcels on the west side of Edmonson. Herbst suggested that it might be useful to do a study. Perrault asked how much a pathway would cost and how far it would extend. CLINT HERBST MOVED TO TABLE CONSIDERATION OF THE PETITION FOR EDMONSON AVENUE PATHWAY IMPROVEMENTS AND DIRECTED STAFF TO BRING BACK ADDITIONAL INFORMATION ABOUT THE REQUEST INCLUDING FUNDING SOURCES. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 4 -0. 10. Consideration of approving Resolution #2012 -89 decertifying the special assessments for Parcel 155500101411 Jeff O'Neill summarized that two adjoining parcels located at 511 Elm Street should have been combined into one parcel and recorded with one property identification number upon sale or transfer in 2005 as one house is situated in the center of the two parcels. He also noted that parcel 155500101411 had been assessed for improvements in 2002 and 2004 but that neither assessment had been paid. Stumpf suggested that the tax assessment still has to be paid even if the property is in forfeiture. Herbst said that if the property had been properly combined that it would have been properly assessed over the years. Property owner Antoinette Lannigan indicated that she had received the home in a divorce settlement and had been unaware that the second parcel was not included as part of the description of the property when title was transferred. She did have a survey done to obtain a building permit and had been approved for constructing an addition on the property. City Attorney Joel Jamnik said that it is unclear where the mistake originally occurred and that the owner was subject to assessments on both parcels. He indicated that the parcel is in the county forfeiture process because taxes and assessments had not been paid. Perrault expressed concern that the parcel may not be guaranteed to the homeowner. Jarnnik explained that the homeowner would be eligible to bid on it at auction and have priority as an adjoining property owner. CLINT HERBST MOVED TO APPROVE RESOLUTION #2012 -089 DECERTIFYING THE SPECIAL ASSESSMENT FOR PARCEL 155500101411 AND WAIVE THE ASSESSMENT AND INTEREST ACCRUED ON THE PARCEL. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 3 -1 WITH BRIAN STUMPF VOTING IN OPPOSITION. City Council Meeting Minutes— October 8, 2012 Page 8 Staff will notify the county about the decertification. 11. Consideration of adopting Ordinance #565 approving a Concept and Development Stage Planned Unit Development and Rezoning from B -3 to Planned Unit Development for a 2 lot commercial development including vehicle sales, adoption of a Public Values Statement, Release from Development Agreement, Development Agreement for C -PUD #1 and Quit Claim Deed. Applicant: Cornerstone Chevrolet Planner Steve Grittrnan summarized that this request is in follow up to a recent public hearing in which the Planning Commission recommended approval of moving forward with a Concept and Development Stage PUD & Rezoning for Cornerstone Chevrolet. He indicated that there were a few issues which seem to require further discussion. These are the construction of a pathway along Hwy 25 frontage within the MnDOT right - of -way and the issue of signage. Herbst asked if it would be a problem to hold off on making a decision as it seemed that West Metro bad some additional questions about the project. Steve Rohlf, representing Cornerstone Chevrolet, suggested that they were under a deadline to take ownership of the building and that he prefer the matter not be tabled. He obtained clarification about the template language for PUD approval related to furnishing a security deposit. Rohlf also suggested that, if a pathway were required, he would rather build it than have the City build it and assess Cornerstone for its development. He also requested Council approval to erect a 200 square foot message center and agreed to waive rights to other temporary signage. Herbst expressed his concern about buildings sitting empty in Monticello. He also noted that, while he doesn't have a big problem with the 200 square foot sign, be would rather not have signs on top of one another. Herbst noted that he did not necessarily agree with the need for a pathway. O'Neill noted that a pathway had been proposed due to the beaten path evident on the roadway shoulder. Jack Perry, from Briggs & Morgan law firm, spoke on behalf of West Metro. He stated that West Metro had not been provided notice of this item and should have been invited to a pre - design meeting. He noted that any change in signage would have an impact on West Metro and said that there were driveway and stormwater easements that need be resolved. His primary concern seemed to be that West Metro would like time to consider and respond to issues identified. O'Neill noted for the record that the City did provide a public hearing notice to more than 50 property owners. CLINT HERBST MOVED TO TABLE THE REQUEST. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 4 -0. City Council Meeting Minutes —October 8, 2012 Page 9 12. Added items Broadband and Economic Development conference in Danville, Virginia (Jeff O'Neill) - O'Neill invited the City Council to consider attending and sending staff to an upcoming out -of -state conference related to utilizing fiber optics to enhance economic development in the community. Perrault said he would rather table the issue for two weeks. BRIAN STUMPF MOVED TO AUTHORIZE UP TO 4 STAFF TO ATTEND THE BROADBAND AND ECONOMIC DEVELOPMENT CONFERENCE IN DANVILLE, VIRGINIA ON NOVEMBER 7-9,2012. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 3 -1 WITH TOM PERRAULT VOTING IN OPPOSITION. • Battle Rapids Park (Torn Perrault) — Perrault asked if the City owned the property to the west of Battle Rapids Park. He indicated that a resident had asked him if the City could clean up a tree which has fallen toward the road in that area. O'Neill pointed out that the property belongs to the DNR. Leaf Cleanup (Tom Perrault) — Perrault noted that the Girl Scouts will be doing a leaf cleanup as well in the community. 13. Adjournment TOM PERRAULT MOVED TO ADJOURN THE MEETING AT 10:03 P.M. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 4 -0. Recorder: Kerry T. Burri Approved: November 13, 2012 Attest: C' inistrator City Council Meeting Minutes — October 8, 2012 Page 10