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City Council Minutes 02-09-2004MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, February 9, 2004 - 7 p.m. Members Present: Roger Carlson, Glen Posusta, Robbie Smith, Brian Stumpf and Bruce Thielen. Members Absent: None 1. Call to Order and Pledge of Allegiance. Mayor Thielen 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 26, 2004 regular Council meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE JANUARY 26, 2004 REGULAR COUNCIL MEETING. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. City Administrator, Rick Wolfsteller, requested that waiving of statutory liability limits for the City's insurance renewals be placed on the consent agenda. 4. Citizen comments, petitions, requests and complaints. Mayor Thielen explained the purpose of the citizens comment portion of the agenda. Shawn McGuire of 207 East 7th Street came before the Council to request permission to have a horse drawn wedding procession from St. Henry's Church to the Community Center. Since there was nothing in city ordinance that allowed or denied this activity, he was directed by staff to bring the request to the Council. The wedding is scheduled for August 28, 2004. Mr. McGuire is proposing a route from the church to River Street to Elm Street to 6th Street to the back parking area of the Community Center. He indicated this route was selected to avoid some of the more heavily traveled roads. The City Council indicated their permission for the wedding procession and directed Mr. McGuire to work with John Simola, Public Works Director and the Wright County Sheriff's Department to work out a route and any other details. 5. Consent Agenda A. Consideration of ratifying new hires for the MCC, Parks and City Hall. Recommendation: Approve new hires as identified. B. Pulled from the agenda. Council Minutes - 2/9/04 C. Approve date set for annual Board of Review. Recommendation: Approve Tuesday, April 13, 2004 at 7 p.m. as the 2004 Board of Review. D. Consideration of approving charitable gambling license for Land of Lakes Choir Boys at J.P.s'. Recommendation: Approve resolution authorizing the State Gambling Control Board to issue a charitable gambling license to the Land of Lakes Choir Boys at J.P.s. Resolution #2004-05. E. Consideration of grant application to DNR for 2004 Snowmobile Safety Enforcement Program. Recommendation: Adopt a resolution authorizing the City Administrator to sign the grant agreement for the snowmobile safety enforcement program. Resolution #2004-04. F. Pulled from the agenda. G. Pulled from the agenda. H. Consideration of approval of final payment and acceptance of work for the Groveland Third Addition Street and Utility Improvements, Project No. 2002-02C. Recommendation: Authorize final payment to C.W. Houle, Inc. in the amount of $31,548.14 for work in the Groveland Third Addition, City Project No. 2002-02C subject to receipt of final documents identified in the letter from WSB & Associates, Inc. dated February 3, 2004. I. Consideration of approval of Change Order No. 2 for CSAH 75 Improvement, Project No. 2000-16C. Recommendation: Approve Change Order #2 in the amount of $15,384.60 to Buffalo Bituminous, Inc. for CSAH 75 Improvements (Otter Creek to Washington Street) City Project No. 2000-16C. J. Consideration of waiving statutory liability limits for City insurance renewals. Recommendation: The City should formally indicate that the City of Monticello does not waive the monetary limits on tort liability established by Minnesota Statutes 466.04. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE ADDITION OF ITEM #5J, WAIVING STATUTORY LIABILITY LIMITS FOR CITY INSURANCE RENEWALS. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. None. 2 Council Minutes - 2/9/04 7. Public Hearing to consider vacation of that portion of Territorial Road lying south of the southerly right-of-way of Burlington Northern Railroad. City Attorney, Matt Brokl presented the background information on the proposed vacation and showed on a map that portion of Old Territorial Road that was proposed to be vacated. He noted that Old Territorial Road is no longer being used and that a portion of the roadway had already been vacated. Previously the City had discussed with the Jamesons vacation of the road. The Jamesons started legal action to quiet title and the vacation of Territorial Road would be part of the settlement agreement. The Church of St. Henry submitted a written objection to the proposed street vacation expressing their concern that the road vacation would leave the Jameson property landlocked and a new access for the Jameson property would have to be obtained which would end up going through the church property. Matt Brokl pointed out that the portion of Old Territorial Road that the City is proposing to vacate would terminate at the Jameson property. There would still be access to the Jameson property, however, Mayor Thielen noted that should the railroad crossing be removed at some point then access to the Jameson property would be an issue. Matt Brokl indicated that by their letter the Church had agreed in principle to locating the road across their property. The Buschs, Jamesons, and Malones would be involved in discussions of the alignment of a road in this area. Glen Posusta questioned whether vacation of the road would preclude getting an access at a later date. Matt Brokl responded that there are a number of issues that need to be resolved in this area and they would be resolved separately from the road vacation. Matt Brokl stated that the portion of Territorial Road from Washington Street to the railroad tracks would not be vacated until the railroad tracks are closed. Mayor Thielen opened the public hearing on the proposed vacation of Old Territorial Road. Bill Malone, 602 Fallon Avenue, stated he did not have an opinion on the vacation of the roadway. He was concerned that his name kept coming up in the discussions of this and he was not notified of the public hearing. Matt Brokl clarified that since the Malone property does not abut the portion of Old Territorial Road that was proposed for vacation, he was not notified of the hearing. However, if there is new access to the property, the Malones would more than likely be involved in those discussion. Mark Radke, attorney representing the Jamesons, spoke indicating that they had received a copy of the church's objection to the vacation. He reiterated that the church would be against the vacation if it landlocked the Jameson property, which it does not. Matt Brokl stated that although the City is proposing to vacate that portion of the road directly south of the Burlington Northern right of way, Old Territorial Road continues to the east along the church property and that portion of the road is another issue that will need to be resolved. Matt Brokl stated in the church's letter they had proposed a route for a road and their objection to the vacation was only if it landlocked the Jameson property. Glen Posusta asked if the church would be compensated for any land that they would have to give up for an access to the J Council Minutes - 2/9/04 Jameson property. Matt Brokl indicated that whether access was negotiated or the property was condemned there would be compensation paid. Glen Posusta asked about the elevations of the property making layout of the road alignment more difficult. City Engineer, Bret Weiss stated that the City would like to see connecting to the future Fallon Avenue at the peak of the hill. Bret Weiss indicated that street layout would require some tree removal and filling of areas. There was no one else who spoke for or against the proposed vacation. Mayor Thielen then closed the public hearing. Mayor Thielen stated that the issue of access is a separate issue from the quiet title action and the street vacation. City Administrator, Rick Wolfsteller, indicated that since the City has received clarification from the church on their concerns and the proposed vacation would extend only as far as the Jameson property, the City Council could take action on the matter. ROBBIE SMITH MOVED TO ADOPT A RESOLUTION VACATING ALL OF OLD TERRITORIAL ROAD LYING SOUTH OF THE RAILROAD TRACKS ABUTTING THE JAMESON PROPERTY ONLY AND INCLUDING ANY PORTION OF OLD TERRITORIAL ROAD THAT ALSO ABUTS THE MERRILL BUSCH PROPERTY. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Consideration to review non-binding letter of intent and authorize preparation of purchase agreement for industrial land. City Administrator, Rick Wolfsteller, provided background information on the proposed acquisition of industrial land by the City, citing the work done by the IDC small group in meeting with the Council in a workshop on the land acquisition. The Council had initially delayed action on this matter until February in order for the City to come up with a cost figure for the City's portion of the I-94/CSAH 18 Interchange. That cost information will not be available yet for several months. The staff and IDC small group have been negotiating with the owner of the property known as Otter Creek Crossing. The terms negotiated have been put into a letter of intent which was being brought before the Council for their review and also to get direction from the Council on whether the IDC small group and staff should proceed with negotiating a purchase agreement. The letter of intent covered price, mining operation and extension of utilities. Rick Wolfsteller emphasized that the letter of intent is not the final document. He noted there are several issues that still need to be resolved such as the closing date and ceasing of mining operations. If the Council was still comfortable with the City acquiring industrial land and marketing it, then a purchase agreement should be negotiated. The IDC small group and staff pointed out possible detriments, such as the state economic development program called JOBZ (job opportunity building zones) which could impact the City's ability to sell industrial property. Bruce Thielen stated that he had received a call from a developer of industrial land in Monticello. If the City follows through with a purchase agreement, he felt the IDC small group should meet with industrial developers and property owners and inform them of the City's plan. S Council Minutes - 2/9/04 Robbie Smith asked about the JOBZ program and the area it extended to. He was informed that Cambridge, Chisago, Wyoming were some communities that were covered in the program. While St. Cloud had received designation for the Fingerhut properties, Stearns County was not included in the JOBZ area. The eleven county metro area is not included in the JOBZ program. Economic Development Director, 011ie Koropchak, stated the JOBZ information was presented to the Council so that they were aware of possible impacts. She felt the City had to list their strengths and market them. Robbie Smith emphasized that he was concerned about the possible risk to the City if they cannot compete in marketing this property. Bruce Thielen stated that although there is risk to the City, he felt it was minimal. He felt the question was a philosophical one of whether the City should be involved in developing and marketing industrial land. Glen Posusta asked about the 60 acres the property owner is retaining on the north side of Chelsea Road. He felt if Chelsea Road was extended this property could develop quickly. To allay the concerns of the property owners, it was pointed out that any programs, such as TIF, etc. are available to the private industrial land developers as well as for any City industrial land. It is the intent of the City to be competitive in their marketing of the land but not put other developers at a distinct disadvantage. BRIAN STUMPF MOVED TO AUTHORIZE STAFF TO NEGOTIATE AND PREPARE A FINAL PURCHASE AGREEMENT TO BE BROUGHT BACK TO THE COUNCIL FOR APPROVAL ON THE ACQUISITION OF THE INDUSTRIAL LAND KNOWN AS OTTER CREEK CROSSING AND TO SET UP A MEETING OF STAFF, IDC SMALL GROUP, AND IDC LIAISON, BRUCE THIELEN WITH INDUSTRIAL LAND DEVELOPERS AND PROPERTY OWNERS. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of accepting final Technical Memorandum on the Street Reconstruction Program and authorization to begin feasibility study for 2004. Kevin Kawlewski from WSB presented information on the Overall Street Reconstruction Program and the area proposed for work in 2004. He provided background on how the reconstruction program was developed and reviewed the factors in designating and prioritizing areas for reconstruction. These factors include pavement condition index (PCI), trunk utility improvements that would be needed, traffic levels and project size. Based on PCI values a street with a PCI value of 70-100 would most likely have sealcoating and crack filling repairs done. A street with a PCI of 45-70 would have mill and overlayment done and a street with a PCI of 0-45 would have full reconstruction done. Kevin Kawlewski then reviewed the areas designated for improvement and the year they anticipated making the improvement. 2004: Streets in the County Club Manor area; some of the streets in the Meadow Oaks area; Sandberg Road and School Boulevard. 2005: River Street west from Chestnut Avenue. 2006: River Street from Chestnut to Dayton M Council Minutes - 2/9/04 Street. 2007: The core area bordered on the north by Broadway; on the west by Pine Street on the east by Dayton Street and on the south by 71h Street. 2008: Streets in the western portion of the City south of CSAH 75 such as Marvin Elwood Road, Crocus Lane, Prairie Road, Hedman Lane, Jerry Liefert Drive and Kevin Longley Drive. 2009: Fallon Avenue and the balance of the roads in the Meadow Oaks area. The estimated cost for these improvements is $12,149,911. The funding for the reconstruction program would be covered by the annual Street Reconstruction Fund contribution, municipal state aid funds, assessments and utility funds. With Phase I of the Core Street Reconstruction program being assessed in 2003, base rates for street improvements were established. It is proposed that these rates be increased 3% to reflect construction cost index for the 2004 project. In those areas where milling and overlayments are done 50% of the cost would be assessed based on front footage. In addition any new improvements such as curb and gutter in areas that did not have it previously would be assessed at full value. Kevin Kawlewski completed his presentation by outlining the process and timetable that would be used. At this meeting the Council is being asked to adopt the overall street reconstruction program and to authorize a feasibility study for the Area 2 improvements proposed for construction in 2004. Brian Stumpf asked about School Boulevard questioning how long the proposed mill and overlay would extend the life of the street. He did not feel that 8-10 years was much of an extension for the cost and was concerned about abutting property owners paying an assessment every 8-10 years. Glen Posusta questioned the age of the road and the need to mill and overlay at this time. There was some discussion on the condition of the road and whether the maintenance justified the cost. Bruce Thielen asked if alternates to milling and overlaying could be looked at and also if they could look at doing segments of the road rather than the entire length from TH 25 to Fenning Avenue. Shawn Weinand stated that there is still considerable development going on along that portion of School Boulevard in the area of TH 25 and felt it might be worthwhile to look at that segment of road after development construction is completed. John Simola stated that milling and overlaying is the cheapest maintenance for extending the life of a road and the City should look at the cost effectiveness of milling and overlaying compared to full street reconstruction. BRIAN STUMPF MOVED TO APPROVE THE OVERALL STREET RECONSTRUCTION PROGRAM AND AUTHORIZE WSB & ASSOCIATES TO PROCEED WITH THE AREA 2 FEASIBILITY STUDY FOR 2004 AND TO PRESENT DIFFERENT SCENARIOS FOR THE IMPROVEMENT OF SCHOOL BOULEVARD. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION. 10. Consideration of approving appointments for the Design Advisory Team. Because one of the individuals up for appointment to the Design Advisory Team was the spouse of a council member this item was not included in the consent agenda. C� Council Minutes - 2/9/04 ROGER CARLSON MOVED TO APPROVE THE APPOINTMENT OF SHEILA STUMPF TO A TWO-YEAR TERM ON THE DESIGN ADVISORY TEAM. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF ABSTAINING. ROBBIE SMITH MOVED TO APPROVE THE APPOINTMENT OF BRAD BLUE TO A TWO-YEAR TERM ON THE DESIGN ADVISORY TEAM. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Consideration of authorizing comprehensive water study. Public Works Director, John Simola, provided background on this item. The proposal for a comprehensive water study was brought before the council in 2003 at estimated cost of $38,000-$42,000 depending upon available information. The council authorized that staff work with WSB and come back with a revised scope of services. It was pointed out that the Public Works staff had a great deal of information about the water system available and had done much of the field work. Based on the water system information that was available, WSB revised their cost estimate to $29,798 with the study to be completed within 120 days. The proposed study area does include the area covered in the annexation request. John Simola stated that although the City has received a proposal from WSB, the Council could require an RFP John Simola stated that the last water study had been done in 1985. There was some discussion on the need to have an updated plan and how often the plan should be reviewed. Generally it was felt that it should be updated every 5-10 years. Bruce Thielen asked if they were looking at adding an additional tower. Bret Weiss responded that as soon as possible a site needs to be selected as lead time on tower construction is 18-24 months. Bruce Thielen asked if the old water tower was still being used. John Simola indicated it is not. The Council discussed the problem of the paint job on the old water tower and whether it would be more cost effective to repaint or to remove the tower. ROGER CARLSON MOVED TO ACCEPT A REVISED SCOPE OF SERVICES AND ACCEPT THE PROPOSAL FROM WSB TO PROVIDE ENGINEERING SERVICES FOR THE WATER SYSTEM STUDY AT A COST OF $29,798 TO BE COMPLETED WITHIN 120 DAYS OF AUTHORIZATION TO PROCEED. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION. 12. Closed Session of the City Council The Council met in closed session to discuss the Monticello Travel Center assessment. The meeting reconvened. BRIAN STUMPF MOVED TO ADOPT A RESOLUTION DECERTIFYING THE ACCOUNTS RECEIVABLE ASSESSMENT AGAINST THE MONTICELLO TRAVEL CENTER PLAT. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7 Council Minutes - 2/9/04 13. Approve payment of bills for February. ROGER CARLSON MOVED TO APPROVE PAYMENT OF THE BILLS. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 14. Adjourn ROBBIE SMITH MOVED TO ADJOURN AT 9 P.M. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary N