City Council Minutes 09-13-2004MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, September 13, 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.
2A. Approve minutes of August 23, 2004 regular Council meeting.
BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE AUGUST 23, 2004
REGULAR COUNCIL MEETING. ROGER CARLSON SECONDED THE MOTION.
MOTION CARRIED WITH ROBBIE SMITH ABSTAINING.
B. Approve minutes of August 23, 2004 Budget Workshop meeting.
ROGER CARLSON MOVED TO APPROVE THE MINUTES OF THE AUGUST 23, 2004
BUDGET WORKSHOP. BRIAN STUMPF SECONDED THE MOTION. MOTION
CARRIED WITH ROBBIE SMITH ABSTAINING.
3. Consideration of adding items to the agenda.
Rick Wolfsteller asked that a discussion of the League of Minnesota Cities annual conference
be added to the agenda. Robbie Smith added to the agenda a discussion of the Rod and Gun
Club hours of operation.
BRIAN STUMPF MOVED TO ADD AGENDA ITEM #7, THE FRANCHISE
AGREEMENT WITH THE MONTICELLO PUBLIC SCHOOLS TO THE CONSENT
AGENDA AS ITEM 95H. ROGER CARLSON SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
4. Citizen comments, petitions, requests and complaints.
Mayor Thielen explained the purpose of the citizen comment portion of the agenda.
Barry Voight, 3802 Hayward Court South came before the Council regarding the proposed
location of the water tower. He stated he was disappointed because he had received no notice
of the proposal to locate the water tower in the Jefferson Commons plat which is adjacent to
the development he lives in.
Council Agenda - 9/13/04
Jeff Roiger, 3795 Hayward Court, also expressed concern about the placement of the water
tower so close to a residential development. He has two boys and he is concerned that the
tower will be an attraction to kids and the kids will be trying to climb the tower.
Mayor Thielen explained that prior to regular meeting the City Council met in a special
meeting to interview engineering firms for the design of the new water tower. He assured the
residents who spoke that there will be public informational meetings with the residents prior
to construction of the project. The City's first step in the project is to select an engineering
firm which is proposed to be done at this meeting.
5. Consent agenda.
A. Consideration of ratify new hires and departures for MCC, Liquor Store and Public
Works. Recommendation: Approve the hires and departures as identified.
B. Consideration of a simple subdivision to create two industrial lots in an I-2 district.
Applicant: Standard Iron & Wire Works. Recommendation: Approve a simple
subdivision of the parcel described as Lots 7 and 8, Block 2, Oakwood Industrial Park
to create two parcels as legally described in the revised Certification of Survey dated
September 3, 2004 prepared by Taylor Land Surveyors.
C. Consideration of adopting annexation resolution for Rask property - Denny Hecker.
Recommendation: Approve the resolution annexing property known as the "Rask"
property lying in Section 10, Township 121, Range 25. Resolution #2004-70.
D. Consideration of review of six month Liquor Store financial report.
Recommendation: Accept the Liquor Store financial report for the first six months as
presented.
E. Consideration of resolution adopting 2005 preliminary tax levy. Recommendation:
Adopt the resolution setting the 2005 preliminary budget tax levy at $6,957,915 and
certify this amount to the County Auditor. Resolution #2004-71.
F. Consideration of Conditional Use Permit for a Special Home Occupation for
Spiritual/Intuitive Readings and Reiki Healings in an R-1 district. - Applicant: Kristin
M. Thomas/healing with Spirit. Recommendation: Approve the Conditional Use
Permit for a Special Home Occupation for Healing with Spirit with the condition that
the operation of the home occupation complies with the standards identified by
ordinance with retail activity to be limited to purchases made by customers in
conjunction with an appointment for service. No retail sales apart from appointments
will be allowed. Staff will evaluate the operation in one year and place consideration
of renewal of the special home occupation permit on the Planning Commission agenda
if violations of the terms are observed and/or if neighborhood complaints are heard
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Council Agenda - 9/13/04
with the Planning Commission having the latitude to add additional conditions if so
desired.
G. Consideration of a request to amend an existing development stage planned unit
development for a fence line addition and building expansion in an B-3 district.
Applicant: Amax Self Storage. Recommendation: Approve the PUD amendment for
the expansion of the AMAX Self Storage facility based on a finding that the proposed
improvements are consistent with the previous approvals and meet the City's
engineering requirements for stormwater management in the area. This
recommendation is conditioned on all new improvements being consistent with the
existing conditions on the site, including building materials, landscaping and paving.
H. Consideration of proposed ordinance establishing a franchise agreement with the
Monticello Public Schools for Fiber Optic System. Recommendation: Approve
adoption of an ordinance granting the Monticello School District a fiber optic
franchise agreement.
Glen Posusta requested that item #5E be removed from the consent agenda.
GLEN POSUSTA MOVED TO APPROVE THE CONSENT AGENDA WITH THE
ADDITION OF ITEM #7 AS #5H AND THE REMOVAL OF ITEM #5E. ROGER
CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
6. Consideration of items removed from the consent agenda for discussion.
5E: Glen Posusta questioned whether the proposed tax levy was $6.9 million or $6.7 million.
Rick Wolfsteller indicated the correct figure was $6.9 million. Glen Posusta stated that the
$500,000 the Council had asked to be cut from the budget should be reflected in a reduced
levy amount. He didn't feel the City should be putting money away for future projects that
have not yet been determined. Bruce Thielen stated that one of projects the City was looking
at financing was the CSAH 18/I-94 Interchange. This project will require a significant
contribution from the City. The City could use the $500,000 of proposed cuts this year as
part of this contribution or they could wait and levy it all next year which would increase the
levy considerably. Glen Posusta said he didn't feel there was anything wrong in the city
accumulating funds for a given project. It is more of an ethical issue since it has not been
determined whether the CSAH 18 /I-94 Interchange project would be going through.
Bruce Thielen said the City needs to set a preliminary levy at this time. The City can lower
this levy before the final levy is set but they cannot increase it. Rick Wolfsteller stated that
the levy reflects what the Council directed at the budget workshop which was to set the levy
the same as it had been in 2004 and to cut $500,000 from the preliminary budget. Roger
Carlson stated that City always retains the right to reduce the final levy amount. Brian Stumpf
stated he was comfortable with leaving the levy amount the same as it was in 2004. Bruce
Thielen added the it was not common that a city had no increase in the levy amount. Rick
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Council Agenda - 9/13/04
Wolfsteller said the Council must set a preliminary levy amount which they will not exceed at
the time of the final levy.
ROBBIE SMITH MOVED TO ADOPT THE RESOLUTION SETTING THE 2005
PRELIMINARY BUDGET TAX LEVY AT $6,957,915 AND CERTIFYING THIS
AMOUNT TO THE COUNTY AUDITOR. BRIAN STUMPF SECONDED THE MOTION.
MOTION CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION.
7. Consideration of proposed ordinance establishing a franchise agreement with the
Monticello Public Schools for Fiber Optic System.
Added to the consent agenda as item #5H.
8. REMOVED FROM AGENDA.
9. Consideration of a resolution authorizing plans and specifications for I-94/CSAH 18
Improvement Project including associated Frontage Roads and utilities.
City Engineer, Bret Weiss, explained the $29,000,000 project cost included trunk sanitary
sewer lines in the amount of $3,000,000, trunk storm sewer in the amount of $2,000,000 and
the Fallon Avenue overpass in the amount of $3,600,000. The interchange work alone is
approximately $14,000,00. The City would be responsible for $7,000,000 of the total project
cost not including trunk fees. The Council had directed staff to work with the property owner
of an 80 acre parcel south of the freeway and with the owner of a 50 acre parcel across from
the concrete plant. The financing plan called for the City to receive a commitment of
$6,300,000 from the two property owners to help defray the project costs. The property
owners to date indicate a willingness to commit to about $5,000,000 in cost. Bret Weiss
stated the negotiations are tenuous. The property owners feel the City will want this
interchange and the development that will take place as a result of it and for that reason will
proceed with project. Bret Weiss stated that the commitment from MnDOT is in place but
MnDOT is waiting on actual construction costs and right of way acquisition costs. MnDOT's
committed share is $4,000,000 and Wright County is committed to $2,000,000.
Bret Weiss noted it is a difficult decision on whether to move forward with the project or
wait. The developer has a target date they need a decision by the City whether the project is
going in but the City also has to have commitments from the parties involved before they
proceed. The Council questioned the difference between what the City had expected in
financial commitments from the property owners and what the property owners were willing
to pay. Bruce Thielen also questioned whether this was something that should be negotiated
in public or at a closed session. Brian Stumpf felt there was a level of commitment that the
City needed and he didn't know if the City should negotiate or move from that number. Rick
Wolfsteller stated that the number was established by looking at appraisal information and
other data but it is not a number that is cast in stone. Bret Weiss said the $6,300,00 is the
objective on the City's part but he didn't want it to drive the developer away. The developers
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feel the City needs to have the interchange. Although some development has already taken
place in this area there is still undeveloped land to assess for the cost of the interchange. If the
City delays the project, development may continue to take place without the interchange being
constructed, leaving even less land to assess for the interchange cost when it does get
constructed.
Bret Weiss felt the interchange was a transportation improvement as well as a project
allowing for development. Glen Posusta questioned whether there was a transportation need.
He didn't feel the traffic in the area was a problem and that this is a county road not a major
arterial road. Bruce Thielen countered that right now there is no commercial development,
like a Kohl's or a Target there and if one was constructed what would that do to traffic in the
area.
Bret Weiss said the reason the city started this project was to add the 2 legs but MnDOT said
the City had to plan for a full interchange. MnDOT asked if the City could move on the
interchange early because MnDOT was looking at removal of the bridge and the interchange
project would facilitate the MnDOT project. MnDOT has since decided not to go ahead with
their project. If the City does not proceed with the project at this time it is unlikely that the
City would get the same level of commitment from MnDOT on a future project. Also the
AVR site would not be any cheaper to acquire at a future date.
Bret Weiss said the developers are waiting to hear something from the Council. Bruce Thielen
asked if the city didn't proceed could Glen Posusta live with losing a Target or other
development on the site. Glen Posusta felt that if you don't have a developer now, it doesn't
mean they won't come back at a future date. Glen Posusta questioned whether the design
proposed by WSB was meant to give the Streeter development more land. Bret Weiss stated
the design did maximize the property available for Streeter but also added it was the plan that
was most likely to be approved by MnDOT.
It was suggested that a number of councilmembers could work with staff to negotiate a
number for the property owners share of the project costs. Roger Carlson felt there was a
transportation issue for the City but questioned whether it was $29,000,000. Glen Posusta felt
the key player in the this project was AVR and they have not been involved in the decision
process. Brian Stumpf felt the City should stick as close to the $6,300,000 as possible in their
negotiation. Robbie Smith noted the difficulty he has with this is that residents are expecting
developers to foot a cost for this and it would be difficult to tell residents that the developers
portion of the bill has come down. Bruce Thielen and Roger Carlson indicated they would be
willing to work with staff on determining a dollar figure for the developers portion of the
project cost.
BRIAN STUMPF MOVED TO TABLE ACTION OF AUTHORIZING PLANS AND
SPECIFICATIONS FOR THE CSAH 18/I-94 INTERCHANGE AND TO APPOINT BRUCE
THIELEN AND ROGER CARLSON TO WORK WITH STAFF ON NEGOTIATING
PROJECT COSTS FOR THE PROPERTY OWNERS. ROBBIE SMITH SECONDED THE
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MOTION. MOTION CARRIED UNANIMOUSLY.
10. Consideration of selection of firm to design and construct the water tower site in the plat
of Jefferson Commons.
Prior to the regular meeting the City Council conducted interviews with three engineering
firms for the design and construction of a water tower. These firms were Progressive
Consulting Engineers, Bonestroo, Rosene, Anderlik and Associates and WSB & Associates.
When asked for his recommendation, John Simola indicated that he, Matt Theisen, the Water
Superintendent and City Administrator, Rick Wolfsteller, had extensively studied the
proposals. Based on that study and on the presentations made by the firm at the special
meeting, he was recommending the firm of Bonestroo, Rosene, Anderlik and Associates. He
noted they were $40,000 lower than the next firm and had included in their price the option to
bid both types of towers. In addition they were up front about the moving the tower location
away from the residential area.
Brian Stumpf indicated that he was impressed by the presentation given by Progressive
Engineering but was also comfortable with the firm of Bonestroo, Rosene, Anderlik and
Associates. Bruce Thielen stated that since all of the firms interviewed were proposing to use
KLM for inspection services, he felt that was a plus. He noted that Bonestroo, Rosene,
Anderlik and Associates had experience with over 40 water tower project so he felt they were
the most experienced firm. Glen Posusta felt the experience factor carried a lot of weight for
him. Robbie Smith said based on the presentation and the recommendation of John Simola
and Matt Theisen, he felt comfortable with Bonestroo, Rosene, Anderlik and Associates.
Glen Posusta brought up the location of the proposed water tower and whether that shouldn't
be looked at again. Bruce Thielen felt by relocating the tower it would change the scope of
the project. Bret Weiss agreed it would change it somewhat since there is no water main to
the site and no access if the tower was located somewhere else within the Jefferson Commons
plat. Glen Posusta stated he had questioned why no public meetings were required on the
water tower. Bruce Thielen stated that rather than having a discussion on the water tower
location, the city need to select the engineering firm, meet with neighborhood and see if the
existing site can be made to work. Glen Posusta asked about extending the road. Rick
Wolfsteller indicated the road extension would not be required right away unless the City was
to change the location of the water tower site.
ROBBIE SMITH MOVED TO SELECT THE FIRM OF BONESTROO, ROSENE,
ANDERLIK AND ASSOCIATES FOR THE CONSTRUCTION OF THE WATER TOWER
BASED ON THE EXPERIENCE OF THE FIRM. GLEN POSUSTA SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY
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11. Consideration of granting an increase to the individual pension for Volunteer
Firefighters Relief Association members.
Rick Wolfsteller presented the background information on the request for an increase in the
pension for the relief association from $2,225 to $2,625. The calculations submitted by the
relief associations shows sufficient assets to cover the proposed increase. Rick Wolfsteller
noted calculations were based on interest earnings of 5% and there is no guarantee that 5%
will be earned.
Brian Stumpf stated because he is a vested member of the relief association he would not be
voting on this item.
GLEN POSUSTA MOVED TO GRANT AN INCREASE TO THE INDIVIDUAL PENSION
FOR VOLUNTEER FIREFIGHTERS RELIEF ASSOCIATION MEMBERS IN THE
AMOUNT OF $2,625/PER YEAR OF SERVICE. ROGER CARLSON SECONDED THE
MOTION. MOTION CARRIED WITH BRIAN STUMPF ABSTAINING.
12. Consideration of accepting a wetland replacement application as part of the Area 2 Core
Street Reconstruction (City of Monticello Project No. 2004-06C)
City Engineer Bret Weiss provided background information on this item which proposes to
remove a portion of wetland from the back yards of residents on Oak Ridge Drive and
Meadow Oak Drive. Any approval of the wetland replacement application should be
contingent upon review by the Parks Commission since the replacement wetland will expand
the existing wetland in the park. The existing wetland area is proposed to be filled in.
BRIAN STUMPF MOVED TO ACCEPT THE WETLAND REPLACEMENT PLAN
CONTINGENT UPON PARK COMMISSION REVIEW AND APPROVAL. ROBBIE
SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
Added ltemc-
Sandberg Road: City Engineer, Bret Weiss brought up the issue of the overlay of Sandberg Road
which had been proposed as part of the Core Street Project. Three options are available which
include: do the mill and overlay the road; complete the mill and overly construction on Sandberg
Road north of Chelsea Road or to eliminate Sandberg road altogether from the contract. Bret Weiss
noted that the MnDOT will not allow a driveway connection to TH 25 and they could not construct a
cul-de-sac without taking additional land so there are no good options available relating to the access.
Glen Posusta felt in order to fix the problem the City helped create, may be the City should look at
paying the property owner to relocate and he asked if that had been considered. 011ie Koropchak
indicated that this had not been reviewed by the HRA nor had they been asked to consider it.
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BRIAN STUMPF MOVED TO MILL AND OVERLAY THE AREA OF SANDBERG ROAD
NORTH OF CHELSEA ROAD. GLEN POSUSTA SECONDED THE MOTION CARRIED
UNANIMOUSLY.
League Conference: Rick Wolfsteller noted that the LMC annual conference is scheduled for
Sunday through Tuesday, October 10-12, 2004. Since there is a regular Council meeting scheduled
for October 1 1, he questioned whether any of the council would be attending the conference and if
there was a need to re -schedule the meeting. Indication of the Council was that nobody would be
attending the conference.
Rod and Gun Club: Robbie Smith stated that he had received a complaint from a resident that
shooting at the gun club was taking place at all hours and on Sunday and they questioned if there was
something in place to regulate their hours of operation. Staff will check into this further.
13. Adjourn.
ROBBIE SMITH MOVED TO ADJOURN AT 8:25 P.M GLEN POSUSTA SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
Recording Secretary
E'.