City Council Minutes 02-27-2006Council Minutes: 2/27/06
MINUTES
REGULAR MEETING — MONTICELLO CITY COUNCIL
Monday February 27, 2006 — 7 p.m.
Members Present: Clint Herbst, Tom Perrault, Glen Posusta and Brian Stumpf
Members Absent: Wayne Mayer
1. Call to Order and Pledge of Allegiance.
Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The
Pledge of Allegiance was said.
2A. Approve minutes of February 13, 2006 regular Council meeting.
BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 13, 2006
REGULAR COUNCIL MEETING. TOM PERRAULT SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
2B. Approve minutes of January 25, 2006 special Council meeting.
TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE JANUARY 25, 2006
SPECIAL COUNCIL MEETING. GLEN POSUSTA SECONDED THE MOTION.
MOTION CARRIED WITH BRIAN STUMPF ABSTAINING.
3. Consideration of adding items to the agenda.
The following items were added to the agenda: 1) Final payment to Magney Construction for
pumphouse and pump for well #5, City Project 20034C was added as item #5P; 2) Removal
of a hazardous tree in West Bridge Park was added as item #5Q; 3) Appointment of Craig
Schibonski to fill the Planning Commission vacancy was added as item #5R; 4) Summary of
trip to Yucca Mountain; 5) Discussion of MCC; 6) Update on Park Superintendent position;
Building Official position and RFP's for Comprehensive Plan update.
Items 5G (Service fees for fire calls) and 5N (Purchase agreement for Outlot C — Jefferson
Commons) were requested to be tabled.
4. Citizen comments, petitions, requests and complaints.
None.
5. Consent Agenda
A. Consideration of approving hires and departures. Recommendation: Ratify the hires
and departures as identified.
B. Consideration of request for Fire Department members to attend national fire
conference. Recommendation: Authorize up to four Fire Department members to
1
Council Minutes: 2/27/06
attend a national Fire Department conference in Indianapolis, Indiana with the City
covering lodging expenses and exhibit entrance fees not to exceed $1,000.
C. Consideration of waiving statutory liability limits for City insurance renewal.
Recommendation: Formally indicate that the City of Monticello does not waive the
monetary limits on tort liability established by Minnesota Statute 466.04.
D. Consideration of approving Change Order #1 for Cedar Street Storm Sewer, Sanitary
Sewer, Watermain and Appurtenant Improvements, City Project No. 2002-6C.
Recommendation: Approve Change Order No. 1 in the amount of $25,505.62 for
R.L. Larson Excavating, Inc. for Project No. 2002-6C.
E. Consideration of approving reduction in retainage for Trunk Sanitary Sewer Extension,
Southeast Interceptor/Bondhus Segment and Appurtenant Improvements, City Project
No. 2000-12C. Recommendation: Approve the reduction of the 5% retained amount
($126,738.92) to 2% ($50,695.57) and authorize payment to Barbarossa and Sons, Inc.
in the amount of $76,043.35.
F. Consideration of resolution declaring intent to reimburse project costs through bond
sale proceeds. Recommendation: Adopt Resolution #2006-9 declaring intent to
reimburse expenditures to the proceeds of bond covering the projects outlined.
G. Consideration of policy establishing service fees for various fire calls.
Recommendation: Adopt a policy amending the current fees for vehicle fires to $500
per incident and establishing service charges of between $500 and $2,000 depending
on equipment usage and time spent for structure fires.
H. Consideration of transfer of liquor license of Silver Fox Inn, 1114 Cedar Street.
Recommendation: Approve the transfer of the on -sale liquor license for 1114 Cedar
Street to Apurva Patel dba Silver Fox Lounge contingent upon submittal of certificate
of insurance.
I. Consideration of preliminary plat approval, approval of a conditional use permit for
joint access and drives and for drive-through facility for Warnert Retail, a commercial
Retail development in a B-3 (Highway Business) District. — Miller Architects & Bldrs.
Recommendation: Decision 1: Approve the preliminary plat for Warnert Retail
based on a finding that the preliminary plat is supported by the Comprehensive Plan
and is consistent with surrounding zoning and land uses. Decision 2: Approve the,
conditional use permit for Wamert Retail based on a finding that the proposed plan is
consistent with the requirements of the Zoning Ordinance subject to the conditions
from Exhibit Z listed below. Decision 3: Approve the conditional use permit for
drive-through windows and joint access and drive on Lot 2, Block 1 of Warnert Retail
based on a finding that the proposed plan is consistent with the requirements of the
Zoning Ordinance subject to the conditions from Exhibit Z listed below:
1. A shared access agreement and shared parking agreement shall be prepared
and approved by the City.
2. All landscaping areas shall be irrigated and a minimum of a one year
landscaping guarantee be provided.
2
Council Minutes: 2/27/06
3. The building elevations for the exterior of "Building A" shall include false
windows on the eastern portion of the building.
4. Proposed signage is subject to further review including consideration of
variance request at a future Planning Commission meeting.
5. The photometric plan shall be subject to review and approval of the Building
Official.
6. The final grading, drainage, erosion control and utility plans are subject to the
review and approval of the City Engineer.
7. The applicant shall enter into a development agreement with the City.
J. Consideration of authorization to initiate EAW relating to proposed demolition of
Mealy house. Recommendation: Authorize the preparation of an EAW for the Mealy
house demolition subject to St. Benedict's providing an $11,000 deposit to pay for the
EAW.
K. Consideration of approving temporary liquor license for Hi -Way Liquors for wine
tasting event on April 7, 2006. Recommendation: Approve the temporary on -sale
license for Hi -Way Liquors for a wine tasting event on April 7, 2006 from 7 p.m. to
9 P.M.
L. Consideration of approving Change Order No. 2 and Change Order No. 3 for School
Boulevard Street, Sidewalk and Median Improvement, City Project No. 2004-31 C.
Recommendation: Approve Change Order #2 in the amount of $54,758.77 and
Change Order #3 in the amount of $34,036.20 for Buffalo Bituminous, Inc. on City
Project No. 2004-31 C.
M. Consider transportation system plan modifications related to Chelsea Road and School
Boulevard (Monticello Business Center & YMCA Area). Recommendation:
Accept the recommendation to remove the proposed Chelsea Road alignment and add
a future alignment through the YMCA property for School Boulevard.
N. Consideration of approving purchase agreement with Cory Kingbay — Outlot C in
Jefferson Commons. Recommendation: Approve entering into the purchase
agreement extension and development agreement as outlined.
O. Consideration of transfer of wine -strong beer license for Crostini Grille.
Recommendation: Approve the transfer of the wine -strong beer license for Crostini
Grille to Forkful, Inc. contingent upon submittal of insurance.
P. Consideration of final payment to Magney construction for pumphouse and pump for
Well No. 5, City Project No. 20034C, Part B. Recommendation: Approve final
payment to Magney Construction of Chanhassen, Mn in the amount of $16,854.15 for
pumphouse and pump for Well #5, City Project #20034C, Part B.
Q. Consideration of removal of hazardous tree in West Bridge Park. Recommendation:
Recognize the tree as a hazard to the general public and order the Parks Department to
remove it as soon as possible.
3
Council Minutes: 2/27/06
R. Consideration of appointing Craig Schibonski to fill the vacancy on the Planning
Commission. Recommendation: Appoint Craig Schibonski to fill the vacancy on the
Planning Commission left by the resignation of Dick Frie.
BRIAN STUMPF MOVED THE CONSENT AGENDA WITH ITEMS #5C, #5D AND #5I
REMOVED FOR DISCUSSION, WITH ITEMS #5G AND #5N BEING TABLED AND
ITEMS #5P, #5Q AND #5R ADDED. TOM PERRAULT SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
6. Consideration of items removed from the consent agenda for discussion.
#SC: Liability Limits on Insurance: Tom Perrault questioned the cost for additional
coverage if the City did waive the liability limits. Clint Herbst stated that staff had looked at
this issue previously.
TOM PERRAULT MOVED TO NOT WAIVE THE MONETARY LIMITS ON TORT
LIABILITY ESTABLISHED BY MINNESOTA STATUTE 466.04. BRIAN STUMPF
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
#5D: Change Order #1 to Cedar Street Improvement Project, City Project No. 2002-6C.
Clint Herbst stated the sidewalk had been removed because the contractor had not properly
installed it. He felt the contractor should pick up the costs for the manhole and gate valve
adjustment required because the wear course could not be placed since the sidewalk was
incorrectly installed.
Bret Weiss stated the change order amount was a result of a long negotiating process. He felt
it would be difficult to collect this amount from the contractor unless the City took legal
action. Brian Stumpf agreed that it was not the City's fault that the contractor improperly
installed the sidewalk. The City Council told the contractor that he was required to fix what
was incorrect at no cost to the City. If the additional costs were incurred because of the
improper work the City should not have bear that cost. Bret Weiss stated the reason it took so
long to get to this point was because the City was not going to accept the poor work on the
sidewalk. The City did not want the wear course laid before the sidewalk was done. The
City required that the manholes and gate valves be lowered for snow removal reasons. Bret
Weiss said an issue dealing with landscaping and modification to the median was another
reason besides the sidewalk, for not putting the wear course down.
Glen Posusta questioned the $16,000 landscaping cost. Landscaping was included
afterwards and there is sufficient retainage left on the project to cover reseeding and any
remaining work.
GLEN POSUSTA MOVED TO APPROVE CHANGE ORDER NO. 1 IN THE AMOUNT
OF $25,505.62 FOR R.L. LARSON EXCAVATING, INC. TOM PERRAULT SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
#SI: Preliminary plat and conditional use permits for Warnert Retail Development. Tom
Perrault asked about having the right turn lane off Chelsea Road. He felt there may be safety
issues related to it. Shibani Bisson from WSB indicated that this was a right-in/right out
intersection. The Council concurred that it was a potentially hazardous situation and
Council Minutes: 2/27/06
questioned who has the authority to make the determination on whether to allow the right turn
lane off Chelsea Road. John Simola, Public Works Director, indicated it was the City's
decision. City Engineer, Bruce Westby, said that without knowing what the volume of traffic
is it is difficult to determine what kind of hazard this situation would pose. Glen Posusta
reiterated the Council's feeling that this required further study. He also questioned the fagade
on the east side of the building. He felt the long expanse of wall should be broken up.
TOM PERRAULT MOVED TO APPROVE THE PRELIMINARY PLAT FOR WARNERT
RETAIL BASED ON A FINDING THAT THE PRELIMINRY PLAT IS SUPPORTED BY
THE COMPREHENSIVE PLAN AND IS CONSISTENT WITH THE SURROUNDING
ZONING AND LAND UES; TO APPROVE THE CONDITIONAL USE PERMITS FOR
DRIVE-THROUGH WINDOW AND JOINT ACCESS AND DRIVE ON LOT 1 BLOCK 1
AND LOT 2, BLOCK 1 OF WARNERT RETAIL BASED ON A FINDING THAT THE
PROPOSED PLAN IS CONSISTENT WITH THE REQUIREMENTS OF THE ZONING
ORDINANCE SUBJECT TO THE CONDITIONS LISTED BELOW AND WITH THE
ADDITION OF #8 TO FURTHER REVIEW THE RIGHT TURN LANE AND THE
FAQADE DESIGN:
1. A shared access agreement and shared parking agreement shall be prepared
and approved by the City.
2. All landscaping areas shall be irrigated and a minimum of a one year
landscaping guarantee be provided.
3. The building elevations for the exterior of "Building A" shall include false
windows on the eastern portion of the building.
4. Proposed signage is subject to further review including consideration of
variance request at a future Planning Commission meeting.
5. The photometric plan shall be subject to review and approval of the Building
Official.
6. The final grading, drainage, erosion control and utility plans are subject to the
review and approval of the City Engineer.
7. The applicant shall enter into a development agreement with the City.
8. City staff will further review the right turn lane off Chelsea Road and the
fagade design.
BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
#SL: Change Orders for School Boulevard Median Improvements, City Project No. 2004-
31C, Glen Posusta questioned the 4' sidewalk noted on the change order. After review it was
clarified that it should be 4" which references the thickness of the concrete sidewalk.
GLEN POSUSTA MOVED TO APPROVE CHANGE ORDER NO. 2 IN THE AMOUNT
OF $54,758.77 AND CHANGE ORDER NO. 3 IN THE AMOUNT OF $34,036.20 FOR
BUFFALO BITUMINOUS INC. ON THE SCHOOL BOULEVARD STREET, SIDEWALK
AND MEDIAN IMPROVEMENT PROJECT NO. 2004-31C. TOM PERRAULT
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
5
Council Minutes: 2/27/06
7. Public Hearing on extension of utilities to service the Hidden Forest/Niagara Falls
developments and consideration of approving final plans and specifications and
authorizing advertisement for bids for Hidden Forest/Niagara Falls Utility Extension,
City Project No. 2005-3C.
Shibani Bisson from WSB & Associates gave a brief presentation on the proposed project
outlining the improvements being made, costs and the schedule of work.
The improvements include two lift stations, an 8" sanitary sewer forcemain, a 12" watermain
and storm sewer. Three options were considered as far as the extension of utilities: 1)
Directional bore the 8" and 12" line on the south of side of County Road 39; 2) Directional
bore the 8" line on the south side of CR 39 and open cut the watermain on the north side of
CR 39; and 3) Directional bore the forcemain on the south side of CR 39 and directional bore
the watermain on the north side of CR 39. The consulting engineer was recommending
Option #2. The schedule would call for bids to be received on March 29, 2006 contingent
upon a developer's agreement being executed. Construction is proposed to be completed in
September.
Clint Herbst asked why both the 8" and 12" line couldn't be placed on the same side of the
road. Shibani Bisson indicated that the number of private utilities on the south side and
limited amount of right-of-way makes it more difficult for placement of the lines. Also the
number of private utilities located in the area would make directional boring more difficult.
Shibani Bisson listed project costs as follows: Lift Stations - $562,973; Storm Sewer -
$336,770 and Forcemain/Watermain: $590,201 for Alt #1, $591,346 for Alt # 2 and $641,520
for Alt # 3 and added that the engineer was recommending Alt # 2 for the forcemain and
watermain. The property proposed to be assessed for the improvements are the lots that will
make up the Hidden Forest and Niagara Falls developments.
Mayor Herbst opened the public hearing: Tom Moores, 748 101" representing the property
owner on Hall Avenue wanted to know how much the yard would be torn up. Shibani Bisson
indicated with directional boring the disruption should be minimal.
Brad Paumen the developer of the Hidden Forest development stated that hey would like to
have the 12" watermain bid with HDP as an alternative. Bret Weiss said they are proposing
the watermain on the north side be open cut and did not recommend the use of HDP pipe in
this instance. He stated they could bid HDP pipe as an alternative but they would
recommend DIP. Mayor Herbst then closed the public hearing.
BRIAN STUMPF MOVED TO APPROVE THE PLANS AND SPECIFICATIONS AND
AUTHORIZE THE ADVERTISEMENT OF BIDS FOR EXTENDIGN UTILITIES TO THE
HIDDEN FOREST AND NIAGARA FALLS DEVLEOPMENTS. TOM PERRAULT
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
Tom Perrault clarified that he had checked and it was determined that the fact that his cousin
is involved in this development is not a conflict of interest and therefore he would vote on
matters relating to the development.
0
Council Minutes: 2/27/06
S. Public Hearing on vacation of easements in a portion of the Commercial Plaza 25 and
Commercial Court Additions.
Jeff O'Neill stated the hearing should be continued to such time as a final plat for the Warnert
Retail development is submitted.
BRIAN STUMPF MOVED TO CONTINUTE THE PUBLIC HEARING TO A FUTURE
DATE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
9. Public Hearing on adopting an ordinance changing the street name in the plat of Prairie
Ponds 2nd Addition from Deegan Avenue to Deegan Court.
It was noted that change in street names was required in order to conform with the County's
grid system.
Mayor Herbst opened the public hearing. No one was present who spoke for or against the
proposed change. Mayor Herbst then closed the public hearing.
TOM PERRAULT MOVED TO ADOPT THE ORDINANCE CHANGING THE STREET
NAME IN THE PLAT OF PRAIRIE PONDS 2ND ADDITION FROM DEEGAN AVENUE
TO DEEGAN COURT. GLEN POSUSTA SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
Added Items:
Yucca Mountain: Clint Herbst stated that three representatives from the City visited the Yucca
Mountain site which is the proposed site for dry cask storage of spent nuclear rods. He felt that this
site was appropriate for the use proposed. Jeff O'Neill felt confident that the site would be license for
nuclear waste storage.
MCC: Glen Posusta stated that it was brought to his attention that some people did not like his
comments about the MCC Director. He stated his comments were not an attack on any employee and
he had no intention of being mean spirited. He wanted to make it clear that his questioning of
procedures or actions should not be taken as a personal attack against an individual.
Parks Superintendent Vacancy: John Simola stated they had received about 40 applications for
the Park Superintendent position He and Larry Nolan, Parks Commission Chair have reviewed the
applications at this point. It is hoped to narrow the list down and to conduct interviews on March
13th. There was discussion on Council participation in the interview process. The Council liaison to
the Parks Commission and the members of the Personnel Committee may all have some interest in
participating in the interviews. Clint Herbst suggested posting a notice of the interview and if there is
a quorum of the Council present, the notice would cover the requirements of the open meeting law.
Building Official Vacancy: Jeff O'Neill indicated that are 11 applicants for the building official
position which they hope to narrow down for the interview process.
Comprehensive Plan RFP's: The RFP's for the Comprehensive Plan Update are due March 9,
2006. Thus far 5-6 firms have expressed interest in submitting an RFP. Clint Herbst asked if a letter
7
Council Minutes: 2/27/06
had been sent to the township regarding the plan update. Jeff O'Neill indicated that the township
board was invited to participate in the Comprehensive Plan update. Jeff O'Neill also informed the
Council of a meeting held with townships and cities in the northeast quadrant of Wright County for
the purpose of providing input for the County's update of their comprehensive plan.
10. Consideration of approving bills for February.
BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS. TOM PERRAULT
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
11. Closed meeting to discuss pending AVR condemnation litigation with City Attorney.
At 8 p.m. Council went into closed session to discuss pending AVR condemnation litigation
with the City Attorney.
12. Adjourn.
Upon completion of the closed session, the meeting was adjourned.
J =s
Recording Secretary