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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 2 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 3 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 11 Council Agenda - 9/13/04 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 5 Council Agenda - 9/13/04 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 X Council Agenda - 9/13/04 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. 7 Council Agenda - 9/13/04 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'.