Loading...
City Council Minutes 11-27-2000MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, November 27, 2000 - 7 p.m. Members Present: Roger Belsaas, Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen Members Absent: None Mayor Belsaas called the meeting to order at 7:10 p.m. and declared a quorum present. 2A. Approve the minutes of the November 13, 2000 regular council meeting. ROGER CARLSON MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 13, 2000 REGULAR COUNCIL MEETING AS PRESENTED. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF ABSTAINING. 2B. Approve the minutes of the workshop on November 16, 2000. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE WORKSHOP MEETING OF NOVEMBER 16, 2000 AS PRESENTED. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to theagenda. None. 4. Citizen comments/petitions, requests and complaints. None. 5. Consent Agenda A. Consideration to approve amendments to EDA-GMEF Business Subsidy Criteria. Recommendation: Move to approve the proposed amendments to the EDA-GMEF Business Subsidy Criteria. B. Consideration of approving final payment on Bridge Park Improvements, Lift Station, Sanitary Sewer and Appurtenant Work Project No. 98-15C - Barbarossa & Sons. Recommendation: Approve the final payment in the amount of $13,568.67 to Barbarossa & Sons for completion of the Bridge Park Lift Station Project No. 98-15C. Council Meeting - 11/27/00 C. Consideration to approve the appointment of a nominee for DAT membership. Recommendation: Approve nominee Carl" Skip: Sorenson as a member of the Design Advisory Team with his term expiring in January 2002. D. Consideration to approve the ratification of the amendment to EDA-GMEF Loan No. 010 (Blue Chip Development Company). Recommendation: Approve the ratification of the amendment to EDA-GMEF Loan No. 010 for Blue Chip Development Company. E. Consideration of accepting River Forest Improvements - Phase I. Recommendation: Adopt a resolution accepting public improvements in the River Forest Subdivision Phase 1. Res. No. 2000-85. F. Consideration of approving new hires and departures for the Community Center. Recommendation: Ratify the hiring of the employees as identified. BRUCE THIELEN MOVED TO APPROVE THE CONSENT AGENDA. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items remoN,ed from the consent agenda for discussion. None. 7. Consideration of review of pawn shop ordinance. City Administrator, Rick Wolfsteller, presented the background information on the pawn shop ordinance noting it was the question of who would pay the fees for hooking into the APS (Automated Pawn System) that brought this item back before the Council. Temple Barsness, owner of Walt's Pawn Shop, was present at the meeting and supplied information to the Council on what it would cost Walt's Pawn Shop to comply with the provisions of the ordinance. She noted that other businesses in Monticello are not licensed and she did not feel it was fair that the pawn shop had to pay the cost for the Sheriff s Department connecting to APS, pay a transaction fee, invest in the equipment to comply with the ordinance provisions and pay a license fee. She also questioned whether second hand stores and jewelers which both deal in used merchandise would be required to comply with the provisions of this ordinance. Temple Barsness also referenced a newspaper article that indicated that the courts in the state of Florida found the transaction fees charged to pawn shops to be unconstitutional. Paul Johnson from the Wright County Sheriff s Department was also present. He indicated that if there were no pawn shops in the County, the Sheriff s Department would not be looking at connecting into the APS. 2 Council Meeting - 11/27/00 The Council discussed who should pick up the cost of hooking into APS. The Council did not feel that the City should incur this cost but felt that the license fee should cover the cost. The Council also discussed increasing the transaction fee as a method of recouping the cost of the hook up to the system. BRUCE THIELEN MOVED TO ADOPT AN ORDINANCE AMENDMENT TO CLARIFY THAT SECTION 3-15-17 UNDER LICENSE FEES BE AMENDED TO READ THAT THERE WILL BE AN ANNUAL FEE ESTABLISHED BY THE CITY COUNCIL AND THAT THE CITY WILL SET THE LICENSE FEE AT $25/ANNUALLY AND THE BILLABLE TRANSACTION FEE WILL BE SET AT $1.50 PER TRANSACTION. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Consideration of adoption of assessment roll for CSAH 75 Project No. 98-17C. The Council conducted a public hearing on the proposed assessment of Project No. 98-17C at their October 23" meeting. However, they delayed acting on the adoption of the assessment roll to allow the Council time to formulate a policy for assessing reconstruction projects and to allow the engineer time to review those parcels that had questioned the assessments. Mike Nielson of WSB & Associates reviewed the changes in the proposed assessment roll. The changes included the following: a. 155-015-016010, 155-015-016011. 155-015-016090, 155-015-025010 and 155-015-025030 - The assessment originally proposed for curb and gutter was removed since it was determined not to assess those parcels that had curb and gutter originally. The Council agreed with this reduction. Mike Nielson noted that the Council needed to make a determination whether commercial and tax exempt properties would be handled in the same manner as other properties for the same benefit. If so, there would need to be a reduction made to the school district and hospital property reflecting that portion of the curb and gutter assessment that was for replacement curb and gutter. b. 155-01.1-000061 - This is the parcel that the City is paying $17,000 to the school district for an easement for ponding purposes. It was originally proposed to be assessed $7,662.10 for curb and gutter. C. 155-011-000062 - (School District) No change to the proposed assessment of $1,138.64. d. 155-011-00172 - (School District) Originally was proposed to be assessed $59,688.25. There was a revision to the water- main assessment that reduced this amount by $4,722.57. If the Council determined not to assess for replacement curb and gutter it would eliminate 770 feet of the curb and gutter assessment ($10,006.30) from the assessment for this parcel making the total proposed assessment $44,959.38. With the 1—" — Council Meeting - 1 1/27/00 changes noted the total assessment for the three parcels owned by the School District would be $37,297.28. On the School District property the Council agreed to the removal of the $7,662.10 assessment on the parcel proposed for ponding use. The Council determined, however, to assess the School District for the curb and gutter. The revisions made by the Council changed the proposed assessment to a total of $56,104.32 for the three parcels. e. No change was proposed to the hospital property. The assessment amount remained at $205,267.18. f. 115-011-000060 and 115-011-000031 (Bondhus Property) Mike Nielson noted that the original assessment roll included parcel 115-011-000030 which was eliminated from the revised roll. Parcel 115-011-000060 was the triangular parcel which Mr. Bondhus questioned whether it could be considered a buildable parcel. It was proposed that the parcel receive a curb and gutter assessment based on 300 feet in the amount of $3,898.56. Mike Nielson noted that the storm sewer assessment was also dropped from this parcel. Several adjustments were made to the assessment for parcel 115-011-00031. There were changes in the front footage and area of the parcel used in calculating the assessment and there was a reduction of $5,458.86 in the water main assessment. The proposed revised assessment for this parcel is $52,484.63. CF. 155-011-000010 (Hoglund) It was proposed to defer the water main assessment in the amount of $7,356.31 until such time as the property actually connects to the water line. The remainder of the assessment in the amount of $6,775.31 would be levied at this time. h. 155-037-001010 (Kean) In reviewing this property, the engineer determined that the front footage was different which reduced the curb and gutter assessment by $4,211. It was pointed out that the property owners appealed their assessment stating they did not feel the property increased in value by the amount of the proposed assessment. The Council discussed having an appraisal of the property done. The City Administrator was directed to make arrangements for the appraisal. At this time Mike Nielson addressed issues that were raised in a letter submitted to the Mayor at the meeting. These items related to the relocation of mailboxes for the properties at Dayton Street and CSAH 75, a complaint about a cracked pipe at one of the residences and a question on the amount of easement. Mayor Belsaas then entertained comments from those present concerning the proposed assessments., John Bondhus spoke challenging the amount proposed to be assessed for the water main for his property. He stated he was in opposition to curb and gutter being installed along CSAH 75 and didn't feel the storm sewer was necessary. He questioned the assessment of the 300' on parcel 155-011-000060. He stated that there is not the value there as a parking lot 11 Council Meeting - 11/27/00 or for any other use to offset the proposed assessment. Brian Stumpf pointed out that the property owner does have the right to appeal the assessment to district court. Hilary Hoglund representing Gladys Hoglund questioned the water main assessment. Mayor Belsaas emphasized that the assessment did not kick until the property actually connected to the water main. If there is no connection, there is no assessment. Hilary Hoglund also stated that the access to the Gladys Hoglund property as a result of this project was hazardous. She felt it was hard to justify accepting a street assessment that left the access to the property worse than the original condition. On the property owned by Kean of Monticello (155-037-001010) it was determined that the City will have an appraisal done by a mutually acceptable appraisor with the City picking up the cost of the appraisal. Ken Schwartz asked how his parcel would be handled. He was informed that the assessment of his parcel would be deferred until the appraisal was done. Clint Herbst asked about having an appraisal done on the triangular piece owned by John Bondhus. Mr. Bondhus indicated that lie felt an appraisal should be done and stated he would be willing to split the cost of the appraisal if he had input on the selection of an appraiser. BRIAN STUMPF MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE CSAH 75 PROJECT NO. 98-17C AS MODIFIED BY THE ENGINEER WITH THE CURB AND GUTTER ASSESSMENT TO REMAIN AGAINST TAX EXEMPT PROPERTIES, I.E. SCHOOL DISTRICT AND HOSPITAL DISTRICT WITH THE ASSESSMENT FOR THE PROPERTIES OWNED BY JOHN BONDHUS AND KEAN OF MONTICELLO TO BE DEFERRED UNTIL AN APPRAISAL CAN BE COMPLETED AND TO DIRECT THE CITY STAFF TO CONTACT AN INDEPENDENT APPRAISER FOR THIS WORK AND BRING THE APPRAISAL RESULTS BACK TO THE COUNCIL. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of parcels removed from assessment rolls for further review and adoption of supplemental assessments. Mike Nielson reviewed with the Council the parcels that had been deferred for further review. Under Project No. 98-25C, Chelsea Road West, three properties had been tabled for further review: 155-500-142203 (Jay Morrell) 155-051-003050 (Monticello Athletic Club) and 155-027-002010 (John Erlandson). There was an adjustment in acreage on the storm sewer assessment for the Erlandson property which will reduce the amount of the assessment to $1,266.77. No other changes were made. At the public hearing for Project 98-08C, Chelsea Road East, the property owned by Lee Parks (155-500-142401) was deferred for further review. The City Engineer reviewed the costs for the sanitary sewer- extension. No change was proposed for this parcel. 5 U Council Meeting - 11/27/00 Under the Project No. 96-04C, TH 25 a number of parcels were reviewed: 155-500-142302 (Posusta) Mr. Posusta objected to the amount of the assessment for the extension of Dundas Road. In reviewing the assessment, the engineer noted that there should be a reduction in the storm sewer assessment since a portion of that was for trunk storm sewer. This change amounted to a reduction of $4,648.04. No other change was recommended and his revised assessment amount is $50,182.20. Daryl Cardinal Property Although the property lies outside the City limits and cannot be assessed until such time as it is annexed, the property owner raised issues about drainage and access to his property. The City Engineer did review the drainage situation on the property as well as access to the property. 155-094-001020,155-036-001031 (Mielke) Mike Nielson noted the footages were incorrectly calculated on the parcels owned by Dan and Linda Mielke. The corrected calculations bring the assessment for parcel 155-036-001031 to $11,642.50 and the assessment for parcel 155-094- 001020 is $2,684.58. Kiellbera Property The property owner object stating that a digit in the parcel identification number was omitted M the notice of the assessment hearing. A corrected assessment notice was sent and no other change was made to the proposed assessment. At this time the Council considered comments from those property owners affected by the proposed assessment. Lee Parks stated he understood how the City Engineer arrived at the assessment for his property but questioned why it was not assessed based on footage like all the other parcels were. Mr. Parks indicated that when he initially had requested the sewer be extended to his property several years ago, the Council denied his request. At that time he was required to upgrade his septic system($1,200 in cost) and install a holding tank($2,000 in cost). When the sewer line was extended to serve the Parks property there was few other properties that received benefit from the line and could pick up some of the cost of the extension. The Council discussed giving credit equivalent to one connection fee ($3,000) on the Parks property. John Simola explained that if the number of connections is based on usage. If the use of the property changes from what it is now there may be additional connections charges due. However, he would be given credit for the connection charges paid when he hooks up. ROGER CARLSON MOVED TO ADOPT THE ASSESSMENT ROLL FOR PROJECT NO. 98-25C. AS PROPOSED WITH THE ADJUSTMENT ASSESSMENT FOR PARCEL 155-027-002010 SET AT $1,266.77. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 0 W" Council Meeting - 11/27/00 BRIAN STUMPF MOVED TO ADOPT THE ASSESSMENT FOR PROJECT NO. 98-08C AND MAKE AN ADJUSTMENT IN THE ASSESSMENT FOR PARCEL 155-500-142401 TO $13,422.24. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. CLINT HERBST MOVED TO ADOPT THE ASSESSMENT ROLL FOR PROJECT NO. 96-04C WITH THE ASSESSMENTS PROPOSED FOR PARCELS 155-500- 154400,154403 AND 154404 REMAINING UNCHANGED, THE ASSESSMENT FOR PARCELS 155-036-001031 ADJUSTED TO $11,642.50 AND PARCEL 155-094-001020 ADJUSTED TO $2,684.58 AND PARCEL 155-500-142302 ADJUSTED TO $50,182.20. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of design options CSAH 75 (Washington Street to Otter Creek). The Council received information concerning the various design options that were being considered for CSAH 75. Ron Bray from WSB & Associates reviewed the options looked at with special attention given to the three options that most closely met the project goals. The design option that met all the project goals and had minimal impact on the residents would require a variance from MnDOT State Aid Standards. A variance would be required to change the parking lane width from 10' to 8 `/2' and to change the median width at the turn lane from 4' to 3'. The Council was being asked to support the request for a variance from the State Aid Standards from the Minnesota Department of Transportation. The Wright County Commissioners will consider a similar request at their November 28"' meeting and the request will go before the State on December 20". Once the State has made a determination on whether to grant a variance, the City and County can then proceed with further study on the design options. It is anticipated that the City will conduct an informational meeting on the CSAR 75 project sometime in January, 2001. Ron Bray summarized some of the issues that remain to be addressed even after a design option has been selected. Brian Stumpf asked if the design option the City was requesting a variance on would require the blocking off of street intersections. Ron Bray indicated that it would although at this point it has not been determined what intersections would be closed off. Brian Stumpf stated he was uncomfortable with any proposal that would block off street intersections. Ron Bray reiterated that the Council was not being asked to accept any design options at this time but were only pursuing the option of a variance from MnDot for a design option. BRUCE THIELEN MOVED TO ADOPT THE RESOLUTION REQUESTING TWO VARIANCES FROM THE MNDOT STATE AID STANDARDS FOR DESIGN OPTION #I LEAVING THE CURB CONFIGURATION IN PLACE AND CALLING FOR A PUBLIC MEETING AT 5:30 P.M. ON MONDAY, JANUARY 8, 2001. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7 Council Meetino - 11/27/00 11. AVVrove payment of bills for November. BRUCE THIELEN MOVED TO APPROVE PAYMENT OF BILLS. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Closed Session - Discussion of settlement options regarding Hwy 25 land condemnation issues. The Council recessed for ten minutes before entering into a closed session at 8:55 p.m. to discuss settlement issues relating to a litigation matter on land condemnation for the TH 25 project. BRUCE THIELEN MOVED TO REOPEN THE REGULAR COUNCIL MEETING AT 9:05 P.M. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Adjourn. BRIAN STUMPF MOVED TO ADJOURN AT 9:05 P.M. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. s� Recording Secretary 0