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City Council Minutes 03-22-2004MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, March 22, 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 March 8, 2004 regular Council meeting. ROBBIE SMITH MOVED TO APPROVE THE MINUTES OF THE MARCH 8, 2004 REGULAR COUNCIL MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH ROGER CARLSON ABSTAINING. 3. Consideration of adding items to the agenda. Bruce Thielen added scheduling of a workshop meeting. Brian Stumpf requested that agenda item # 12 be added to the consent agenda. Robbie Smith asked for a clarification on a conditional use permit that was granted to Amax Storage. Matt Brokl added that as part of the closed meeting there would be a discussion of the proposed settlement in the Franks assessment appeal. 4. Citizen comments, petitions, requests and complaints. Mayor Thielen explained the purpose of the citizen comments portion of the meeting. Lance Lindstrom from Silver Creek Township noted that his comments related to agenda item #I I which dealt with the proposed MnDOT options for a I-94/Highway 10 connection. He stated he has a signed petition that sets out their opposition toMnDOT's proposal. Mayor Thielen directed that the petition be left with city staff. 5. Consent Agenda A. Consideration of ratifying new hires for the liquor store. Recommendation: Approve the new hires as identified. B. Approval of beer license for Monticello Lions for River Fest Celebration. Recommendation: Approve a temporary license for the Lions Club for River Fest activities on July 10-11, 2004. Council Minutes - 3/22/04 C. Approve renewal of charitable gambling licenses for Monticello Lions Club. Recommendation: Adopt a resolution approving renewal of charitable gambling license for the Monticello Lions Club for gambling activities at Monticello Country Club, Hawks Sports Bar and Grill and River City Lanes. D. Consideration of authorizing expenditure for representatives of Fire Department to attend a vendors expo. Recommendation: Authorize an expenditure of up to $1,000 for representatives of the Fire Department to attend the vendors expo at the FDIC Conference in Indianapolis. E. Consideration of authorizing advertisement for bids for a new fire tanker. Recommendation: Authorize the Monticello Joint Fire Board to proceed with advertisement for bids for a new 3,000 gallon tanker truck. F. Consideration of adopting a resolution in support of DNR grant for dock installation at West Bridge Park. Recommendation: Approve a resolution authorizing the City of Monticello to enter into an agreement with the DNR for installation of a fishing pier at West Bridge Park. G. Review well head protection delineation and consideration of forwarding to Minnesota Department of Health. (Agenda Item # 12) - Recommendation: Review the draft report and authorize its submittal to the Minnesota Department of Health. ROGER CARLSON MOVED TO APPROVE THE CONSENT AGENDA WITH THE ADDITION OF AGENDA ITEM #12 AS 5G. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. None. 7. Public Hearing on vacation of drainage and utility easements for Lots 5 & 6 and 7 & 8, Block 3 of the Meadows 2"d Addition. Deputy City Administrator, Jeff O'Neill explained that as part of a conditional use permit to allow the construction of two 4 unit structures on these combined lots, the interior drainage and utility easements on Lots 5 and 6, and Lot 7 and 8, Block 3 of the Meadows 2nd Addition were to be vacated. The City has complied with the requirements for posted and published notice of the hearing for the easement vacation. Mayor Thielen opened the public hearing on the easement vacation. Mike Schneider from Homestead Multi -Family Development Corporation spoke to the Council. He stated that when the administrative lot combination was approved in January, the City required that a development agreement be drafted to cover this development. Mike Schneider stated the 2 Council Minutes - 3/22/04 development agreement spelled out charges for trunk sanitary sewer, trunk water, trunk storm sewer and park and pathway fees. He questioned whether these charges were appropriate since these lots were already platted and would have paid these charges when the plat of the Meadows 2nd Addition was approved. He did not feel because platted lots were combined that there should be additional charges. Mayor Thielen pointed out that the hearing was to cover the vacation of an easement and that development charges were not part of the public hearing notice. Jeff O'Neill stated that this is somewhat of a gray area but he could supply information to the Council on how it had been handled in the past. Brian Stumpf suggested that the staff show how the fees were calculated and present this information to the Council at their next meeting. Mayor Thielen asked Mike Schneider whether he wished the public hearing be continued to the next meeting or whether he wanted the Council act on the vacation request at this meeting. Mr. Schneider indicated he would prefer to have the Council act on the vacation request at this time. Mayor Thielen then closed the public hearing. BRIAN STUMPF MOVED TO APPROVE THE RESOLUTION VACATING THE INTERIOR LOT LINE EASEMENTS FOR LOTS 5 AND 6 AND LOTS 7 AND 8, BLOCK 3 THE MEADOWS SECOND ADDITION. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Public Hearing on 2004 Core Street Reconstruction Project No. 2004-06C and consideration of authorizing approval of project and ordering plans and specifications. City Engineer, Bret Weiss stated that an informational meeting on the proposed Core Street Reconstruction Project was held on March 16, 2004 with about 25 people in attendance. A summary of the information presented at that meeting was being presented tonight as part of the public hearing. One of the items that came out of the informational meeting was that there are a number of drainage problems in the Meadow Oaks area that the residents would like the Council to consider as part of this project. Bret Weiss also noted an issue with Sandberg Road as referenced in the letter the Council received from Monticello Auto Body. He indicated that a letter has been sent to MnDOT on this matter but he gave no assurance that MnDOT would allow any direct connection to TH 25 at this location. He felt there were other options like a cul-de-sac that would have to be considered. At this point Kevin Kawlewski gave presentation on the proposed 2004 Core Street Reconstruction Project. This presentation outlined the project area, the work proposed to be done, the estimated cost of the work and the funding sources including estimated assessment rates. He noted that addressing the drainage concerns raised at the informational meeting could add costs to the project that may be assessed back to the property owners if the Council so determined. The Council would also need to make a determination if microsurfacing was done on Sandberg Road would this cost be assessed. Kevin Kawlewski indicated that work on the portion of School Boulevard between TH 25 and Edmonson Avenue may be delayed because of development activity in that area. 3 Council Minutes - 3/22/04 The estimated cost of the project is $1,859,910 with estimated assessment rates of $2,555 for single family lots and $57/front foot for non-residential lots. It is also proposed that 50% of the mill and overlay work be assessed on a front foot basis. New improvements such as curb and gutter if installed would be assessed at 100% of cost. An amortized schedule of an assessment of $2,555 at 6% was shown to give residents an idea of how the assessment costs would be spread. If the Council orders the improvement it is proposed that plans and specifications would come back to the Council for approval at their April 261h meeting and bids could be received on May 6, 2004. Mayor Thielen then opened the public hearing on the Core Street Reconstruction Project. Gary Kraft, 1100 Meadow Oak Drive, spoke to the Council concerning drainage problems in the Meadow Oakes area. He indicated that the drainage along the back yards was poor and has become worse since additional development has taken place in the area. He stated that the development located behind his property was laid out so that the runoff was directed toward his property and in periods of heavy rain some of the basements in this area had flooded. He asked that the Council direct the city engineer to look at these problems and consider remedies to the drainage problems as part of the Core Street Project. City Engineer, Bret Weiss responded that both he and Public Works Director, John Simola had looked at this area. He noted that there is a stream of runoff water coming the through the Parkside at Meadow Oaks development from the wetland area that affects drainage in this area. They will consider the drainage issues and possible solutions. Gary Kraft also pointed out there are erosion problems because a number of properties in the area do not have their yards in yet. Kevin Lang, 2862 Oakview Drive also spoke to the Council concerning drainage issues. He stated that his development and the one behind him were done so that the back yards were suppose to slope in such a way as to drain to a culvert but that is not the case. He stated that often there is water standing in their back yards and requested that the Council consider doing something about the drainage problem as part of this project. Jay Morrell, 1200 Sandberg Road questioned the proposed assessment specifically asking whether commercial/industrial property could be assessed for street improvements on more than one side. Bret Weiss stated that for residential property the assessment is for only one side but for commercial/industrial property it is different. Jay Morrell pointed out that his property had been assessed for improvements done under the Chelsea Road West Project and the TH 25 Project. It was noted that these assessments were for storm sewer and sanitary sewer and not street improvements. Bret Weiss stated they would be meeting with property owners in that area as far as construction of a cul-de-sac or other possible options. Mayor Thielen then closed the public hearing. Brian Stumpf asked what the schedule was to finish the work remaining on the first phase of the Core Street Reconstruction program. Kevin Kawlewski stated that the wear course and restoration work would be done in June. Council Minutes - 3/22/04 Bret Weiss stated that in looking at using microsurfacing on School Boulevard they were going on the assumption that this work would be considered maintenance and would not be assessed. On Sandberg Road the engineer felt that a mill and overlay would be the best option. Mayor Thielen asked the engineer to explain for the residents present what microsurfacing and sealcoating were. Kevin Kawlewski stated that with microsurfacing you are adding some structural component to the road whereas sealcoating is basically sealing the road surface to prevent water from penetrating into the roadway. Mill and overlay provides a greater strength to the roadway since it is giving the road a new 1 V? to 2" wear surface. Bret Weiss pointed out that one option is not suitable in all situations so before they decided on what option to use they looked at the condition of the street and what problem they are trying to correct with the street reconstruction. Glen Posusta questioned whether the proposed improvements would extend the life of the street for as long as the City Engineer and Public Works Director indicated and he also questioned such a big expenditure of funds when the streets most in need of repair were not included in this project. ROBBIE SMITH MOVED TO ORDER THE IMPROVEMENTS FOR THE 2004 STREET RECONSTRUCTION PROJECT AREA 2, PROJECT NO. 2004-06C AS OUTLINED IN THE FEASIBILITY REPORT AND RECOMMENDED BY THE CITY ENGINEER AND TO INCLUDE CONSIDERATION OF THE DRAINAGE PROBLEMS IN AREA 2B. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION. 9. Consideration of adopting a resolution establishing a negative declaration of impact relating to the proposed demolition of the old Community Methodist Church building by Sunny Fresh Foods. Jeff O'Neill provided the background on this item noting that a negative declaration of impact on the proposed demolition of the old Community Methodist Church building would be the final step in the EAW process. This would then allow Sunny Fresh to remove or demolish the building which is currently located on Sunny Fresh property. The Monticello Arts Council had considered use of the building but it did not meet their needs. There is another party that has expressed interest in using the building which is the Swan River Montessori Charter School. Discussions have taken place between Sunny Fresh and Swan River Montessori Charter School concerning the use of the old Community Methodist Church building but no agreement has been reached at this point. Brian Stumpf noted that by adopting a negative declaration of impact it does not mean that discussions between Sunny Fresh and the school would cease. Bruce Thielen felt the item should be tabled to allow the school more time to put this package together. The school would be for pre-school through grade 6 and would be open to students outside the Monticello area. Michelle Twardy from the school stated the school is in the process of getting their funding established 5 Council Minutes - 3/22/04 Glen Posusta asked if the building would still be moved to city owned property. Jeff O'Neill stated that although the details have not been worked out that is the assumption. Glen Posusta asked whether it wouldn't be more cost effective for the school to build new rather than utilize the existing building. Michelle Twardy stated that the building fits the image of the school as the school is a community school not a private school. The school would be adding on to the building. Roger Carlson asked if the school was a non-profit organization and whether they would be paying property taxes. Michelle Twardy stated they are non-profit but she wasn't sure on the property tax question. GLEN POSUSTA MOVED TO TABLE CONSIDERATION OF ADOPTING A RESOLUTION ESTABLISHING A NEGATIVE DECLARATION OF IMPACT ON THE PROPOSED DEMOLITION OF THE OLD COMMUNITY METHODIST CHURCH BUILDING UNTIL THE APRIL 12, 2004 MEETING. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of approving Monticello Community Ice Arena Agreement. Matt Brokl informed the Council that negotiations were continuing on the ice arena agreement with the school and hockey association. He stated that city has been asked to participate in funding as well as issue the bonds. Bruce Thielen stated that there has to be a true exchange of value so for the $40,000 the City would be supplying a true exchange in value would be 266 hours of ice time. This will come back to the Council at a future meeting. 11. Presentation of information on MnDOT's proposed options on a connection from I-94 and Highway 10 and potential impact on Monticello transportation design issues and consideration of Council resolution supporting an option.. The Council was provided with information on the various options MnDOT is considering for the river crossing from I-94 to Highway 10. Bret Weiss indicated that the project is being planned for 2017 provided funding is in place. City staff met with a lobbyist who is representing property owners in Becker and in Clearwater. According to the lobbyist, the primary benefit to Monticello of the river crossing would be that TH 25 would be the last stop before people would be going on the new roadway. This could bring traffic into the City. It is anticipated that the river crossing could reduce vehicle traffic on TH 25 by 5%. According to MnDOT crossings in Monticello and Otsego would be crossings that would significantly reduce traffic on TH 25. City Engineer, Bret Weiss, felt this was one decision the City did not need to get involved in as he did not see any benefit to the City if one option was selected over another. He noted one concern with Option D is whether the City could get an interchange at Orchard Road because of the close proximity. He felt Option C gave the most space as far as interchange. Bruce Thielen asked if the County was taking a position on these options. Bret Weiss indicated that the County's position was that they did not favor Option A or B. Brian Stumpf asked if the City was required to take any action. Bret Weiss indicated that it was not necessary. The City could say that they want MnDOT to study the options but allow MnDOT to select the most appropriate option. rol Council Minutes - 3/22/04 BRIAN STUMPF MOVED THAT THE CITY SUPPORT THE STATE OF MINNESOTA IN BEING PROACTIVE IN DETERMINING A LOCATION FOR A RIVER CROSSING BUT NOT TAKE ANY FORMAL POSITION ON SELECTING AN OPTION FOR THE CROSSING. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Review well head protection delineation and consideration of forwarding to Minnesota Department of Health. Approved as item #5G on the consent agenda. 13. Update on railroad crossing- Territorial Road/7th Street (closed session). This item was moved to the last item since it involved a closed session. 14. Approve payment of bills for March. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Items: Bruce Thielen requested that the Council consider setting a workshop meeting prior to the next regular Council meeting to consider building fees. The time set for the workshop is April 12, 2004 at 5:30 p.m. Robbie Smith asked about the conditional use permit granted to Amax Storage and whether removal of the truck was a requirement of that conditional use permit. If so, he wanted to know why it has not been removed. Jeff O'Neill stated there is some ambiguity with this issue. If an operating vehicle parked in somebody's yard contains advertising on the vehicle, it is not considered as signage and the City has not been agressive in enforcing signage on the side of a vehicle.. If the vehicle is moved to a site and remains there it is considered an advertising sign and subject to the regulations of the ordinance. In addition Jeff O'Neill stated that during the time the conditional use permit is granted, the City does not actively take enforcement against existing violations of the ordinance by the applicant for the conditional use permit. Glen Posusta stated he is in the process of a getting a sign designed and getting prices. It is his intent to remove the truck when the sign is installed but he could not provide a date for when that would be. Robbie Smith stated he remembers asking over a year ago if the truck was going to be removed and the answer then was yes but the truck is still there. Closed Session: At this time the Council went into closed session to discuss proposed settlement agreements on the Franks special assessment appeal and on the railroad crossing at 7t' Street and Territorial Road. Upon 7 Council Minutes - 3/22/04 completion of the closed meeting, Mayor Thielen reopened the regular meeting and stated in summary the purpose of the closed session. 15. Adjourn ROBBIE SMITH MOVED TO ADJOURN AT 9:15 P.M. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. jA J Recording Secretary I3