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City Council Minutes 04-22-2013MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, April 22, 2013 — 7 p.m. Mississippi Room, Monticello Community Center 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. 2. Approval of Minutes — April 8, 2013 Regular Meeting GLEN POSUSTA MOVED TO ACCEPT THE APRIL 8, 2013 REGULAR MEETING MINUTES WITH A CORRECTION. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 3. Consideration of adding items to the agenda • Curbside brush pickup (Tom Perrault) • Dog problems (Clint Herbst) 4. Citizen comments, public service announcements a. Citizen Comments: 1) Presentation of donation by Monticello Youth Program — Gambling Director Jamie Preusse talked about the donation that they are making to the Monticello Fire Department. They were approached by the Fire Chief to help with a program and agreed to donate $10,000. Jamie presented a mock check to the Mayor and Fire Chief. Fire Chief Steve Joerg thanked the youth hockey program for their generous donation. b. Public Service Announcements: 1) Outdoor Farmer's Market — Kitty Baltos reported that the first outdoor date is May 16 °1 in the Library overflow lot. Monticello Community Center is looking for a few more vendors. There will be a great variety of produce and other items available. Kitty Baltos also noted that there are six lots still available in the community garden at a cost of $28 for the season. 2) National Day of Prayer — Tom Perrault reported this will take place on May 2 "d around noon at the flagpole at the Monticello Community Center. City Council Minutes —April 22, 2013 Page 1 5. Consent Agenda: A. Consideration of approving payment of bills for April 22'd. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. B. Consideration of approving new hires and departures for City departments. Recommendation: Ratify new hire for MCC. C. Consideration of adopting Resolution #2013 -026 accepting a contribution from Monticello Youth Program (youth hockey) for the Monticello Fire Department. Recommendation: Adopt Resolution #2013 -026 accepting a donation of $10,000 from Monticello Youth Program to be used toward emergency equipment and supplies for the Monticello Fire Department. D. Consideration of approving Special Event Permit allowing use of city streets and related assistance in conjunction with the Memorial Day parade on May 27, 2013. Applicant: Monticello Legion. Recommendation: Approve the Special Event Permit allowing use of city streets and related assistance for the Memorial Day Parade conducted by the Monticello American Legion on May 27, 2013, with a waiver of the permit fee. E. Consideration of adopting Resolution #2013 -025 amending the guidelines for the GMEF program. Recommendation: Adopt Resolution #2013 -025 amending the guidelines for the GMEF program's Terns and Conditions section as follows: The Interest Rate: Fixed rate not less than 2% below prime rate as published in the Wall Street Journal on date of EDA loan approval, with a minimum interest rate of I% F. Consideration of approving expenditures for upgrade of exchange server with new processors and operating system software. Recommendation: Approve upgrading the city's exchange server with new processors and operating system software by Doug Lyseng Computer Service at an estimated cost of $15,500 plus tax and installation. G. Consideration of adopting Resolution #2013 -027 calling for a public hearing to consider vacation of a portion of Minnesota Street lying south of West 7t" Street. Applicant: City of Monticello. Recommendation: Adopt Resolution #2013 -027 calling for a public hearing on May 13, 2013 to consider vacation of a portion of Minnesota Street lying south of West 7°i Street. H. Consideration of authorizing Monticello Fire Department to perform a controlled burn on portions of the Monte Club Hill. Recommendation: Authorize the Monticello Fire Department to perform a controlled burn on the Monte Club Hill land owned by the City. City Council Minutes — April 22, 2013 Page 2 J. Consideration of adopting a revised tobacco policy for the Monticello Community Center building and grounds. Recommendation: Approve the new tobacco policy as follows for the Community Center building and grounds and direct staff to update the MCC policy manual accordingly. • Smoking will only be permitted on the perimeter sidewalks of the Monticello Community Center grounds with appropriate cigarette cans available and on the enclosed patio off of the Mississippi Room for renters of that room. K. Consideration of adjusting Sunday hours for the Monticello Community Center effective May 1 St. Recommendation: Approve revised hours for Sundays at the Monticello Community Center from 7 a.m. to 9 p.m. (regular hours) and 7 a.m. to 6 p.m. (seasonal hours). L. Consideration of ratifying the negotiated Labor Agreement between the City of Monticello and the International Union of Operating Engineers, Local 49 for April 1, 2013 to March 31, 2015. Recommendation: Ratify the Labor Agreement between the City of Monticello and IUOE Local 49 for April 1, 2013 to March 31, 2015 with the following change: "Salary Schedule for 2013 - 2015 "page: Add: "Step increases will be awarded based on performance. " BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM A. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 6. Consideration of items removed from the consent agenda for discussion 5A. Consideration of approving payment of bills for April 22nd Glen Posusta wanted to make sure the city was keeping tabs on the WOLD Architect invoices until the work is done. Glen Posusta also commented on the Finken's Water Service payments. Jeff O'Neill explained that the city is phasing out the water service. GLEN POSUSTA MOVED TO APPROVE THE BILL AND PURCHASE CARD REGISTERS FOR A TOTAL OF $502,215.52. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 7. Public Hearing — Consideration of adopting Resolution #2013 -024 approving combination for Lots 7 and S. Applicant: Bigalke, Greg (Property Owner: Carlisle Village, LLQ City Council Minutes —April 22, 2013 Page 3 8. Angela Schumann commented on this request for approval of vacation of drainage and utility easements and administrative lot combination. Angela Schumann talked about the lot sizes and that the proposed lot combination is allowed within the zoning ordinance. Angela Schumann noted some of the contingencies that would be included with the vacation and subsequent lot combination, which are included in the resolution: owner shall provide revised certificate of survey, city shall maintain remain drainage and utility easement on perimeter of property, private utilities existing in the area to be vacated shall be the responsibility of property owner, and property owner may be subject to double assessment for future road improvements. Glen Posusta asked if the easement was being moved. Angela Schumann explained that the easement between the lots would be vacated but the easement surrounding the lots would remain in place. Mayor Herbst opened the public hearing. As there were no comments, the Mayor closed the public hearing. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2013 -024 APPROVING VACATION OF DRAINAGE AND UTILITY EASEMENTS BETWEEN LOTS 7 AND 8, BLOCK 3, CARLISLE VILLAGE 4T' ADDITION AND APPROVING LOT COMBINATION FOR LOTS 7 AND 8, SUBJECT TO CONTIGENCIES IN THE RESOLUTION. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. of assessment agreements Shibani Bisson gave a presentation outlining the proposed project as far as location, existing conditions, and proposed improvements. Shibani Bisson described the project location with the main part of the project constructing an extension of West 7 "' Street between Minnesota and Elm streets, an alternate project for paving Elm Street south of 7 "' Street, and another alternate project for a mill and overlay of 7' Street between Elm Street and CR 39. Shibani Bisson talked about existing conditions in the 7"' Street area including undeveloped land, ponding, zoning, condition of 7t" Street between Elm Street and CR 39, and existing gravel road on Elm Street south of 7t" Street. Shibani Bisson next reviewed the proposed improvements. First is the proposed mill and overlay of 7 '11 Street from CR 39 to Elm; this would also include some spot curb replacements and possibly adding a chip seal. Next, the paving of Elm Street would be a 24 feet wide section and the costs would be absorbed by the three property owners, who have agreed to pay the assessments. Property owners were also informed that future upgrades of the road to an urban section could result in assessments. Finally, the West 7 "' Street extension would be a collector road connection, built as a 44 ft wide urban section and designed as a 35 mph street. Pathway improvements would be added to the north City Council Minutes —April 22, 2013 Page side of the street and would meander in the area of the pond. A future sidewalk would be added on the south side of the new street when development occurs. Street lighting would be part of the project but handled through a separate contract process. A sidewalk would also be added to the north side of the existing 7t" Street across from K mart and adjacent to the existing apartment complexes in that block. Shibani Bisson discussed the traffic analysis and commented that they anticipate 2000 to 2500 vehicles per day to start. That would increase to 7000 to 8000 vehicles by 2030 in the projections. Shibani Bisson noted that they had discussed a signal system at the intersection of Elm and 7"' Streets, but it does not meet the warrant tests at this time. The intersection will be a 2 -way stop on Elm Street with through street on West 7t ". Shibani Bisson next addressed grading and ponding, noting there is a lot of grading needed for this project. She discussed the level of the pond and that it is designed to be large enough to drain the entire area, due to limited downstream capacity. Additional ponding will be required on the south side of the street when it is developed. Shibani Bisson pointed out that the project will also include sanitary sewer and watermain extension with the new street. Shibani Bisson discussed right of way and easement agreements that they have worked out with Riverwood Bank and IRET Properties. Riverwood Bank is the fee owner of the property to the south side of the proposed street. They are involved in this project as the street will provide access to their property for future development. Shibani Bisson explained the exchanges of property to provide needed ponding and easements for the street and pathways. Shibani Bisson noted that the city is proposing to vacate the unused portion of Minnesota Street south of 7 °i Street, which would then revert to the bank. Glen Posusta questioned about the utilities that run through that area. Shibani Bisson explained that the city will retain drainage and utility easements across the vacated street, and would restrict the use of the property in the future. Shibani Bisson discussed the project costs and funding scenario that is intended for the project. The base project cost is estimated at $1,265,600; alternate 41 for 7ul Street mill and overlay is estimated at $145,000; and alternate #2 for Elm Street paving is estimated at $44,000. Following that, she went through the proposed assessments. The property owned by Riverwood Bank would be assessed approx $850,000 and they will sign an assessment agreement with the city to include deferred assessments. For the Elm Street paving, the RV Center owners and Mr. and Mrs. Genung have agreed to split the cost of the project for their side of the street. Riverwood Bank was not interested in paving at this time, but did agree to the deferred assessment for their share. There will be no assessments to property owners on the north side of 7t" Street between Elm Street and CR39 for the mill and overlay, as those properties have no access to 7t" Street. Shibani Bisson further discussed the assessment agreement with Riverwood Bank noting the terms of the deferral at 10 years at an interest rate of 2% over prime and terms can be transferred to potential buyers. They are still working with Riverwood Bank on sharing the platting costs. Shibani Bisson pointed out the proposed plat area, noting the preliminary and final plats are scheduled to be reviewed by Planning Commission at an upcoming meeting in May. City Council Minutes —April 22, 2013 Page 5 Shibani Bisson noted that the preliminary and final plat approval are planned to be brought to Council on May 13 along with the public hearing for the Minnesota Street vacation. Plans are to come back to Council on June 10 for approval of the plans and specifications and authorization to go out for bids. With this timeline, they are looking at a construction start in August. Glen Posusta asked if the RV Center is hooked up to city water and sewer, which Shibani confirmed. Glen Posusta also wanted to know why the street lighting is included in the scope of the project and not funded through the city's street lighting program. Shibani Bisson explained that the street lighting costs are estimated as part of the assessments on the project, but would be bid as a separate project. Glen Posusta indicated that he is not convinced that a mill and overlay is necessary for 7"' Street and wondered about chip sealing. Shibani Bisson pointed out that chip sealing was last done in 2009 on the 7 -year cycle; another chip seal at this time would not extend the life of the street. Mill and overlay would probably extend the life of the street for another 10 to 15 years. Lloyd Hilgart asked about incorporating a chip seal with the mill and overlay. Shibani Bisson stated that is a newer method and it does seem to have some merit in reducing the reflective cracking following a mill and overlay. This type of chip seal is a different application and is not the same as traditional chipsealing. There may be some merit in doing a chip seal with a mill and overlay or possibly using the traditional sealcoating as a follow up in a few years. Brian Stumpf asked if there would be state aid or other available funds for the mill and overlay and possible chip seal of 7tt' Street west of Elm Street. Wayne Oberg discussed several options that could help fund that work. Tom Perrault asked if it would be possible to address the 7t1' Street mill and overlay in a few years when the new portion of 7"' Street would be crackfilled and sealed. Shibani Bisson said that work would normally be done in sequence 2 to 4 years after the original work, and a mill and overlay would be done on a 7 -year cycle. Mayor Herbst opened the public hearing. Jack Nelson, 8 Center Circle, asked for a confirmation on whether there would be any assessments for the mill and overlay. Shibani Bisson explained that the lots north of 7th Street West would not be assessed with this project. The only properties that would be considered along this stretch of 70' Street West are those with a driveway access onto 7t" Street. Mr. Nelson also asked about the proposed 35 mph design. Shibani Bisson stated that the final speed would be determined by the speed studies so it is not known at this time what that will be. Mr. Nelson commented on the location of the stop signs that will be added to the intersection of Elm and 7tt' Streets and suggested it might be worthwhile to consider placing the stop signs on 7t1' Street rather than Elm Street to slow the traffic down. Clint Herbst explained that they are looking at 7"' Street to help move traffic across town more efficiently. City Council Minutes —April 22, 2013 Page 6 9. Mayor Herbst closed the public hearing. LLOYD HILGART MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2013 -028 ORDERING IMPROVEMENTS FOR WEST 7TH STREET EXTENSION (MINNESOTA TO CR 39) AND ELM STREET (7TH STREET TO THE SOUTH TERMINUS), CITY PROJECT NO. 12C002, CONTINGENT ON EXECUTION OF ASSESSMENT AND WAIVER AGREEMENTS. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. Public Hearing — Consideration of adopting Ordinance #577 amending the 2013 Fee Schedule for miscellaneous fee changes Mayor Herbst opened the public hearing. As there were no comments, the Mayor closed the public hearing. LLOYD HILGART MOVED FOR ALTERNATIVE #1 TO ADOPT ORDINANCE #577 AMENDING THE 2013 FEE SCHEDULE AS FOLLOWS. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. Grave Transfer Fee: 45 $15 Special Use Permits: $50 Fee shall be waived for a parade (only) application Temporary Use Permits: $50 Fee shall be waived for a parade (only) application Transient Merchant: Annual permit, private premise $75 1year Daily fees, independent merchant $50 1day Sewer Rates — Special Cases: $24.65 X number ofpeople in household "gaarter) Irrigation Water Rate — Resid, Twnhms & Commercial: (If metered separately, no quarterly minimum base rate is applied to irrigation meters with zero usage.) 10. Consideration of adopting Resolution #2013 -029 accepting bids and awarding a contract for the Great River Trailways and Trailhead Improvements, City Proiect No. 100010, contingent on MnDOT approval and approval of amended easement agreement with Xcel Energy Shibani Bisson introduced this item and explained that this project will construct several trail segments and a trailhead and incorporates the pedestrian underpass at the west end of town, which was previously constructed in 2011. Shibani Bisson noted that Segment 3 City Council Minutes —April 22, 2013 Page 7 was bid as an alternate and they are recommending to exclude this as part of the project since they do not yet have an agreement with the railroad for a trail crossing. Clint Herbst stated that he feels there should be some way to get this done. Glen Posusta commented that it doesn't make any sense for the railroad to object to the crossing as the railroad only serves Xcel and this pathway segment would benefit Xcel. Clint Herbst asked if there might be a possibility of exchanging another crossing in the city to get this done. Glen Posusta asked if it would be possible to put in the trail up to the railroad on each side. Angela Schurnarm confirmed that the funding would probably not be provided unless the crossing was completed in full. Shibani Bisson talked about the bid process and noted that Gertken Brothers Inc. submitted the lowest bid. They have a lot of experience with building trails. Shibani Bisson identified the funding available for the project (excluding segment 3), consisting of DNR grant funds totaling $105,000, federal grant funds totaling $120,000, and earmarked city funds of $45,000. It is recommended that Council award the contract for the project contingent on MnDOT approval of the bids and approval of the Xcel amended agreement. Shibani Bisson pointed out that the City Attorney has reviewed the amended easement agreement with Xcel Energy, which was approved and signed by them on April 181i'. Shibani Bisson noted that it is hoped to begin the project by mid May with completion of Segments 1 and 2 by June 30th in order to meet the deadline to receive the federal grant funding. Segment 4 and the Trailhead are projected to be completed by the end of July. GLEN POSUSTA MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2013 -029 ACCEPTING BIDS AND AWARDING CONTRACT TO GERTKEN BROTHERS, INC IN THE AMOUNT OF $271,074.22 (EXCLUDING SEGMENT 3) FOR THE GREAT RIVER TRAILWAYS AND TRAILHEAD IMPROVEMENTS, CITY PROJECT NO. l OCO10, CONTINGENT ON DNR APPROVAL OF THE BIDS, APPROVAL OF AMENDED EASEMENT AGREEMENT WITH XCEL ENERGY, AND BIDDER COMPLIANCE WITH CONTRACTOR DBE REQUIREMENTS. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. Tom Perrault mentioned that he had talked to Angela Schumann about some of the easement descriptions and was assured that they have been reviewed and are correct. 11. Consideration of adopting Resolution #2013 -030 approving plans and specifications and authorizing advertisement of bids for the sludge dewaterinu facility for Phase 1 of Waste Water Treatment Facility Biosolids Dewatering, Energy Efficiency, Headworks and Site Improvements, City Proiect #12C003 Bret Weiss provided information to Council on the request for approval of plans and specifications and authorizing advertisement for bids for the sludge dewatering facility as part of the Phase I improvements at the Waste Water Treatment Facility. Feasibility study cost estimate is $1.76 million and the engineer's estimate is $1.98 million. Bret Weiss talked about the screwpress equipment that was previously approved. This facility will house the screwpress and allows for additional growth space. Bret Weiss gave a City Council Minutes —April 22, 2013 Page 8 slide presentation showing some views of the proposed facility and explained how the sludge dewatering process would work. Bret Weiss addressed some additional cost factors which are related to increasing the building to a second story to house the screw press adequately and requirement for a dual ventilation system. Bret Weiss reviewed the timeline projected for this project with construction completion by the end of October 2013. Bret Weiss noted that Phase I of this project basically entails the dewatering portion of the improvements and not the energy efficiency or headworks and site improvements. GLEN POSUSTA MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2013 -030 APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR THE SLUDGE DEWATERING FACILITY FOR PHASE I OF THE WASTE WATER TREATMENT FACILITY BIOSOLIDS DEWATERING, ENERGY EFFICIENCY, HEADWORKS AND SITE IMPROVEMENTS, CITY PROJECT NO. 12C003. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 12. Added items Curbside brush chipping — Tom Perrault wanted to make sure the public was aware of the brush chipping policy in case of storms. When a storm passes through, Public Works staff will come through and pick up branches and yard debris at no charge. Tom Perrault also noted that if residents find that their lawns have been damaged by snow removal equipment, they should feel free to contact Public Works as they will make repairs. Dog problem — Clint Herbst noted that he had received a complaint from a resident regarding a neighbor with too many dogs. Cathy Shuman explained that she has been in touch with Dan Anselment from the Sheriff s Department and Patty Salzwedel from our animal control regarding the situation with too many dogs. This is related to a situation which had occurred over a year ago. Patty has been in touch with the complainant and is working to rectify the situation so it does not occur again. Clint Herbst commented that it is important to make sure we are in compliance with the animal control ordinance. 13. Adiournment TOM PERRAULT MOVED TO ADJOURN THE MEETING AT 8:14 P.M. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Catherine M. Shuman Approved: May 13, 2013 Attest: ty linistrator City Council Minutes —April 22, 2013 Page 9