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City Council Minutes 01-24-2005MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, January 24, 2005 - 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. 2. Approve minutes of January 10, 2005 regular Council meeting. Tom Perrault noted some corrections and clarifications on the minutes as follows: 1) Page 12 on the water tower location, it should read, "site 4, option 3 (large); 2) Page 13 on the appointment to the Police Commission since Brian Stumpf who had been the Council representative to the Police Commission indicated he would not serve, Tom Perrault recommended that Wayne Mayer serve on the Police Commission; 3) His vote in opposition to the penalties imposed on the liquor violations was because he felt $750 for a first time violation was high and the number of compliance checks that are conducted was never fully discussed. GLEN POSUSTA MOVED TO APPROVE THE MINUTES OF THE JANUARY 10, 2005 REGULAR COUNCIL MEETING WITH THE CLARIFICATIONS AND CORRECTIONS NOTED ABOVE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Brian Stumpf asked that agenda items #I I and # 12 be added to the consent agenda as items 5L and 5M. Clint Herbst added to the agenda an update on the Wright County Technology meeting that he and Wayne Mayer attended and also setting a meeting date for the Joint Planning Board for the annexation area. 4. Citizen comments, petitions, requests and complaints. Charles Walters, 728 Acorn Circle came before the Council regarding his complaint about harassment by a City employee. He felt staff was trying to dismiss his complaint. Clint Herbst stated he would look into this and get back to Mr. Walters and set up a time to meet with him on his complaint. Council Minutes - 1/24/05 �. Consent agenda. A. Consideration of ratifying new hires and departures. Recommendation: Ratify the hires and departures as identified. B. Consideration of a request for wine/beer license for DeAngelo's Pizza and Pasta, 9351 Cedar Street. Recommendation: Approve the request for a wine/strong beer combination license for DeAngelo's Pizza and Pasta from February 20, 2005 to June 30, 2005 contingent upon submittal of the necessary liquor liability insurance and payment of license fees. C. Consideration of approving final payment and accepting the improvements for Timber Ridge Storm Sewer Improvements, Project No. 2002-03C. Recommendation: Authorize final payment in the amount of $4,941.44 to GL Contracting Inc. for Timber Ridge Trunk Storm Sewer Improvements, Project No. 2002-03C and accept the work contingent upon submittal of documents showing compliance with Minnesota Statutes 290.92, affidavit that all claims against the contractor have satisfied, Consent of Surety to Final Payment and a two year maintenance bond. D. Consideration to approve a resolution calling for a public hearing on February 28, 2005 on the proposed modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. 1 and the proposed establishment of Tax Increment Finance District No. 1-33. (1324 Edmonson Avenue NE). Recommendation: Approve resolution calling for public hearing on the proposed adoption of the modification to the Redevelopment Plan for Central Monticello Redevelopment Project No. 1 and the proposed establishment of TIF District No. 1-33 therein and adoption of the TIF Plan therefor. E. Consideration of pawn shop license for Walt's Pawn Shop. Recommendation: Approve the issuance of the pawn shop license for Walt's Pawn Shop at 1219 State Highway 25 contingent upon submittal of the license bond in the amount of $5,000 and payment of the license fee of $25.00 F. Consideration of approving Change Order No. 1 for the Klein Farms Storm Sewer Outlet, Project No.2004-18C. Recommendation: Approve Change Order No. 1 in the amount of $8,931.25 for Northwest Asphalt, Inc. for the Klein Farms Storm Sewer Outlet, Project No. 2004-18C. G. Consideration of approving final payment and accepting the improvement for Klein Farms Storm Sewer Outlet, Project No. 2004-18C. Recommendation: Authorize final payment in the amount of $18,905.50 to Northwest Asphalt, Inc. for the Klein Farms Storm Sewer Outlet Project No. 2004-18 subject to receipt of final paperwork. 2 Council Minutes - 1/24/05 H. Consideration of approving the feasibility report for the Meadow Oak Avenue Extension Project No.2005-05C and ordering public hearing for February 14, 2005. Recommendation: Move to adopt a resolution accepting the feasibility report for Meadow Oak Avenue Extension Project No. 2005-05C and ordering the public hearing for February 14, 2005. I. Consideration of approving the feasibility report for the 7th Street/Highland Way Project No. 2004-02C and ordering public hearing for February 14, 2005. Recommendation: Move to adopt a resolution accepting the feasibility report for 7" Street/Highland Way and ordering the public hearing for February 14, 2005. J. Consideration of authorizing the preparation of the EAW for the Trunk Sanitary Sewer Improvements. Recommendation: Authorize the preparation of an EAW for the Southeast Sewer Interceptor Project No. 2000-12C. K. Consideration of approving date of Wednesday, April 13, 2005 for Board of Review. Recommendation: Approve setting Wednesday, April 13, 2005 at 7 p.m. as the date for the 2003 Board of Review. L. Set meeting date for review of assessment methodology for CSAH 18 (was agenda item #11). Recommendation: Set February 7, 2005 at 5 p.m. as the meeting date for the review of the assessment methodology for CSAH 18. M. Consideration of preliminary plat approval and rezoning for Club West. Applicant: Back Nine (was agenda item #12). Recommendation: Approve the preliminary plat and the rezoning request from PS to R-1 for the plat of Club West. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE ADDITION OF AGENDA ITEMS 411 AND #12 AS ITEMS #5L AND #5M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. None. 7. Public Hearing on Environmental Assessment of the proposed interchange on I-94 at CSAH 18. Brandi Popenhagen from WSB and Associates made a presentation on the Environmental Assessment process for the I-94/CSAH 18 interchange. The purpose of the hearing was to let the public know the findings of the environmental assessment and obtain comment from the public. Because the proposed project would alter the interstate highway system, the environmental assessment was required. The environmental assessment determines if there is a need for an EIS -or if there is finding of No Significant Impacts. i Council Minutes - 1/24/05 Brandi Popenhagen reviewed : 1) the project location; 2) project background - she noted that the project has been discussed for a number of years and that the interchange configuration has changed since the initial layout; 3) purpose of the project which is to provide full access to I-94 and add capacity to CSAH 18; 4) project description - it is proposed to construct a full interchange, eliminate the partial interchange and upgrade CSAH 18 to a four lane roadway. The layout has been approved by MnDOT and a public hearing on the project is scheduled for February 14, 2005; 5) Proposed construction time line - construction is scheduled to start in August 2005 and be completed in 2006. Brandi Popenhagen discussed the environmental concerns such as the presence of underground storage tanks, erosion and soil sedimentation, water quality and traffic noise. She also explained how the proposed project will impact Freeway Fields (City's ballfield complex lying in the project area). Brian Stumpf indicated that a representative from O'Ryans had asked about the status of CSAH 75 after this project was done. If this portion of CSAH 75 was turned over to the City could the existing median be removed. Bret Weiss stated that it is anticipated that CSAH 75 would be turned over to the City and that when that happens the median could be looked at although at this time he felt the median could be removed. Brian Stumpf noted that where the frontage road would come onto CSAH 18 no left turn out was shown. Bret Weiss stated that would be provided. Mayor Herbst then opened the public hearing on the environmental assessment for the CSAH 18/I-94 interchange project. Mayor Herbst stated that written comments by residents could be submitted to the City and these comments would be forwarded to MnDOT. Glen Posusta asked about the number of storm water ponds shown and asked how many of them are required. Bret Weiss indicated that MnDOT has a requirement that no development runoff water can be put into the loop. He added that the storm water from the Ryan property would be piped over to these storm water ponds. Glen Posusta asked about the north/south road and whether this issue had been resolved with St. Henry's Church. Bret Weiss replied that there had been discussions with the church but the issue has not been resolved at this time. Mayor Herbst then closed the public hearing and stated that no action was required by the Council on this item other than to conduct the public hearing. 8. Public Hearing certifying delinquent utility accounts for Y` quarter 2004 to the County Aiiditnr_ City Administrator, Rick Wolfsteller explained the purpose of the public hearing was to certify delinquent utility amounts to the County. Mayor Herbst opened the public hearing. No one was present who spoke for or against the proposed assessment of delinquent utility 11 Council Minutes - 1/24/05 amounts. Mayor Herbst then closed the public hearing. BRIAN STUMPF MOVED TO ADOPT THE ASSESSMENT ROLL FOR DELINQUENT UTILITY ACCOUNTS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of adopting agreements between City of Monticello, Swan River Montessori Charter School and SCRS Building Company relating to transfer of land and building to SCRS Building Company. Jeff O'Neill provided the background information on this item noting at a previous Council meeting staff was directed to proceed with negotiating an agreement with the Swan River Montessori Charter School regarding the former Methodist Church building. City Attorney, Tom Scott reviewed the terms of the revised agreements. There are two non-profit entities involved which are the SCRS Building Company and the Swan River Montessori Charter School. Tom Scott pointed out that Section 3, Page 4 spells out the conveyance of the land and building in "as is" condition. Paragraph 11 relates to subordination of the City's interest to the bank that will hold the mortgage. The City will pay $375,000 at the time of closing which is scheduled for February 15, 2005. He also noted that paragraph 13 specifies that the remaining $25,000 from the original Sunny Fresh grant shall be utilized for the school as approved by Sunny Fresh and SCRS Building Company. Paragraph 14 spells out the City's use of the facility and paragraph 15 deals with the school's membership fees at the MCC and rental of MCC facilities. Tom Scott also reviewed the language contained in the agreement dealing with default. If there is a default by the school to the bank, the City would have the right to step in and take back the land but the City would have to assume the obligation to the bank. Tom Scott noted this was premised on the school being at this location and making its payment to the bank. If the school moves to another location it would be considered a default of the agreement. The City does have the right to tell the school it cannot relocate to another site but the City could also negotiate relocation with the school. Tom Perrault asked about the parking for special events referenced in paragraph 19 of the agreement. It was explained that the school has adequate parking on its site for its normal use but there may be occasions when special events are held that would create a greater parking need and that is the parking need that is referred to in paragraph 9. Glen Posusta asked about the school bus pickup and drop off of students. Jeff O'Neill indicated that bus staging area would be along 5 '/2 Street. Glen Posusta asked if there was any restriction on what the City could charge for rental of the space. Tom Scott indicated there was no restriction and added that rental arrangements do not require approval by the school. 5 Council Minutes - 1/24/05 Clint Herbst stated that at the MCC Advisory Board meeting parking needs at the MCC were discussed and he suggested that the City look at the parking lot on the library site and also the parking lot site adjacent to the Towne Centre site. Brian Stumpf asked where the funds to cover the $375,000 due at closing was coming from. Rick Wolfsteller indicated that this amount was not budgeted. Clint Herbst stated that the EDA has funds that they had borrowed at one time from the City and this is a source of funding that could be utilized. Brian Stumpf stated that he has not changed his position and still opposes the City's participation in this project. GLEN POSUSTA MOVED TO APPROVE THE AGREEMENT BETWEEN THE CITY OF MONTICELLO, SWAN RIVER MONTESSORI CHARTER SCHOOL AND SCRS BUILDING COMPANY CONTINGENT UPON FINALIZATION OF EXHIBITS TO THE AGREEMENT AND CONTINGENT ON FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION. 10. Consideration of entering into partnership agreement with MnDOT on CSAH 18/I-94 Interchange Project. City Engineer, Bret Weiss briefly reviewed the agreement noting MnDOT has agreed to increase their share of cost participation for the project and to share in the expense for design work. Clint Herbst asked if MnDOT's cost participation was on a sliding rule where if construction cost increases, MnDOT's share increases. Bret Weiss stated that on the right-of- way and construction items, MnDOT has agreed to pay for those items whatever the costs are. Tom Perrault asked if there was assurance that MnDOT had the appropriate funding in place for this project. Bret Weiss stated that MnDOT has identified the funds needed for the project and the funds have been set aside. While it could not be guaranteed, it is unlikely that MnDOT would not carry through on their share of the funding. BRIAN STUMPF MOVED TO APPROVE THE RESOLUTION ENTERING THE CITY OF MONTICELLO INTO A MASTER CONTRACT WITH MNDOT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Set meeting date for review of assessment methodolow for CSAH 18. Added to the consent agenda. 12. Consideration of preliminary plat approval for Club West. Applicant: Back Nine. Added to the consent agenda. 6 Council Minutes - 1/24/05 Added Item,. - Wright County Technology Meeting - Clint Herbst informed the Council about the technology meeting he and Wayne Mayer attended at Wright County. He also asked about a fee the City was charging to Wright County for use of City equipment/facilities. He questioned charging the County this fee since the County was providing a great deal of information to the City at no cost. Glen Posusta added that it was a value to the City to have a satellite office for the Sheriff's use and they should not be charged for that. Rick Wolfsteller will check into the amount being billed the County. Clint Herbst also stated the County is going to ask the cities in Wright County to help pay for aerials of the entire county. Joint Planning Board for Annexation area: Clint Herbst stated he would like to see the first Wednesday of the month established as a meeting date for the Joint Planning Board for the annexation area. He asked that staff send a letter to the township to confirm if that was a satisfactory date. Clint Herbst said this is an opportunity to patch things up with the township. Brian Stumpf questioned whether "patching up" was an appropriate term. He stated that representatives of the City and Township had put in many hours to come up with an agreement that was in the best interest of both entities. It was a mutual agreement. He stated that with his background on the annexation process and with the time he had committed to this issue, he was disappointed that he was not reappointed to the board to be able to continue this work. 13. Consideration of approving payment of bills for January Tom Perrault questioned a bill for topiary trees for $576. It was explained that those were purchased by the MCC at a local business. GLEN POSUSTA MOVED TO APPROVE PAYMENT OF THE BILLS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 14. Adjourn. TOM PERRAULT MOVED TO ADJOURN AT 8:10 P.M. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 7