City Council Minutes 05-28-2002MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Tuesday, May 28, 2002 - 7 p. n.
Members Present: Roger Belsaas,Roger Carlson, Brian Stumpf and Bruce Thielen
Members Absent: Clint Herbst
1. Call to Order and Pledge of Allegiance.
Mayor Belsaas called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of
Allegiance was said.
2. A. Approve minutes of May 13, 2002 regular Council Meeting
B. Approve minutes of Reconvened Board of Review of May 13, 2002.
BRUCE THIELEN MOVED TO APPROVE THE MINUTES OF THE MAY 13, 2002
REGULAR COUNCIL MEETING AND THE MINUTES OF THE RECONVENED BOARD
OF REVIEW. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
3. Consideration of adding items to the agenda.
Bruce Thielen indicated that he had questions relating to nuisance/blight activities that he would like
to address to Fred Patch. 011ie Koropchak, Economic Development Director reported that UMC
had committed to the City of Monticello and will be relocating their operation to a new 60,000 sq.
ft. building here.
4. Citizen comments/petitions, requests and complaints.
None.
5. Consent Agenda
A. Consideration of ratifying new hires for community center, city hall and public works.
Recommendation: Ratify new hires as identified.
B. Consideration of granting approval of annual municipal liquor licenses. Recommendation:
Approve the following licenses effective 7/1/02 contingent upon applicant providing
appropriate certificates of insurance:
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Council Minutes - 5/28/02
Intoxicating Liquor, On -Sale (fee $3,750)
I . Monticello Liquor, Inc.
�. Silver Fox (Chin Yuen)
3. Duane Lindernfelser dba River City Lanes
4. Comfort Inn/Days Inn
5. J.P.'s Annex
6. Hawks Sports Bar
7. Monticello Country Club
Intoxicating Liquor, On -Sale, Sunday (fee $200 -set by statute)
Renewals
1. Monticello Liquor, Inc.
2. Silver Fox
3. River City Lanes
4. VFW Club
5. American Legion Club
6. J.P.'s Annex
7. Hawks Sports Bar
8. Comfort Inn/Days Inn
9. Monticello Country Club
3.2 Malt Liquor, On -Sale (fee $275)
I . Rod and Gun (Steak Fry only) - $10
2. China Buffet
3. Monticello Men's Softball Ass'n. (April -.Aug.) ($137.50)
4. Lions - Riverfest Celebration
5. Lions - Street Fest
3.2 Malt Liquor, Off -Sale (fee $75)
Renewals
1. Monticello Liquor
2. Maus Foods
3. River Terrace
4. Tom Thumb
5. Holiday Stationstore
6. SuperAmerica
7. Avant] Petroleum (Mobil)
8. Cub Foods
9. O' Ryans Conoco
Set -Up License (fee $275)
1. Rod and Gun (Steak Fry only) - $25
2. St. Henry's (Fall Festival only) - $25
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Council Minutes - 5/28/02
Club Licenses (fee—set by statute based on membership)
1. VFW - $500
2. American Legion - $500
C. Consideration of approving an amendment to the union labor contract. Recommendation:
Approve the memorandum of understanding with Local 49 Union creating a separate salary
schedule for the Operator/Mechanic Foreman II position.
D. Consideration of approving Change Order No. 1 - Sanitary Sewer Rehabilitation Work,
Project No. 2000-16C, CSAR 75 Improvement. Recommendation: Approve change
order #1 for Project No. 2000-16C CSAH 75 (Sanitary Sewer Rehabilitation) to extend
the completion date to June 21, 2002.
E. Consideration of adoption of an ordinance prohibiting the use of fertilizers containing
phosphorus. Recommendation: Adopt an ordinance specifying that the City of
Monticello is restricting sale and use of any lawn fertilizer with a phosphorus content greater
than 0%. Ord. Amd. #378
F. Consideration of calling for a public hearing to consider vacation of a portion of Cedar
Street. Recommendation: Set a public hearing date to consider vacation of that portion of
Cedar Street lying south of Dundas Road for June 24, 2002.
G. Consideration of approving final plat of the Groveland Commercial Center.
Recommendation: Approval the final plat for the Groveland Center based on
development stage PUD process which allows preliminary plat process to be waived.
H. Consideration of establishing a development review deposit/escrow account for
development projects and planning case projects. Recommendation: Adopt a policy
requiring a $5,000 deposit prior to staff review of development projects.
Mayor Belsaas noted that on the staff report for #5D there was a typographical error and the
correct date should be June 21, 2002.
BRUCE THIELEN MOVED TO APPROVE THE CONSENT AGENDA. BRIAN STUMPF
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
6. Consideration of items removed from the consent agenda for discussion.
None.
Council Minutes - 5/28/02
7. Public Hearing - Supplemental Hearing CSAH 75 Improvements from Washington Street to
Otter Creek, Project No. 2000-16C.
Mayor Belsaas noted that the supplemental hearing was being conducted for three property owners
who were inadvertently omitted from the mailing for the original public hearing. City Engineer, Bret
Weiss, briefly summarized the scope of the project which is proposed to be constructed this year at
an estimated cost of $3,000,000. The City's share of the cost is approximately $1,900,000 of
which the City would assess at least 20% in order to meet statute requirements for bonding. Bret
Weiss pointed out that the City is still working on an assessment policy for the reconstruction
projects and had met earlier in a workshop meeting to discuss assessment options.
Mayor Belsaas opened the supplemental hearing on the CSAH 75 Improvement Project. Rory
Zitur, 354 West Broadway is a business owner along Broadway and he questioned the Council on
the assessment for the project. He stated that initially the property owners were told that the
assessments would be known before the project would be ordered and now he is being told that the
assessment policy won't be determined until after the project is ordered. The residents affected by
the project are only getting input after the fact.
Bret Weiss explained that the City will have to bond for $1,900,000, the City's share of the project
cost. In order to meet statute requirements for bonding at least 20% of the project cost must be
assessed which in this case would be approximately $400,000. While the City knows the amount
they will have to assess, the method of assessment has not been determined. Rory Zitur asked
whether state aid funds could be used to defray the amount proposed to be assessed. Bret Weiss
replied that CSAH 75 is a county state aid road and the county may use their state aid funds for this
project but that would not impact the City's share of the cost. Rory Zitur felt that since Broadway is
a main feeder street that is used by all, he didn't feel it was fair to assess the abutting property
owners for improvements that would be utilized by all residents. It was noted that while $400,000
was proposed to be assessed the balance would be paid through taxes on all the residents. Rory
Zitur asked if commercial property would be assessed at the same rate as residential property. Bret
Weiss responded that while an assessment policy has not yet been established, it is a common
practice that commercial properties pay a different rate than residential properties. Bret Weiss
added that the assessment hearing is the appropriate place to question the assessment method and
policy. This public hearing was to provide information about the scope of the project and overall
project costs. Rory Zitur stated that the $500,000 the City levied for street reconstruction was
penalizing those project that are occurring now. Bret Weiss stated that although the City established
the street reconstruction fund it did not mean that the City would not assess a portion of the project
cost.
Rory Zitur questioned the 13' median. Bret Weiss replied that 13' is the minimum for protected left
turn lanes. Rory Zitur also questioned why Walnut Street was not being closed. Mayor Belsaas
( stated that these issues had been addressed by the Council prior to approving the design layout. The
�✓ purpose of this meeting was not to redesign the project but to determine whether or not the project
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Council Minutes - 5/28/02
should proceed. No one else spoke for or against the proposed project. Mayor Belsaas then
closed the public hearing.
BRIAN STUMPF MOVED TO SET JUNE 101) 2002 AS THE DATE FOR AN ADDITIONAL
SUPPLEMENTAL HEARING ON THE CSAH 75 IMPROVEMENT PROJECT FOR THE
PROPERTY OWNERS IN THE PRAIRIE WEST ADDITION. ROGER CARLSON
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
City Administrator, Rick Wolfsteller, noted that the City is looking at a re -aligning Otter Creek Road
at its intersection with CSAH 75. As part of this work there is a small parcel of land that needs to
be acquired by the City. The City has been negotiating with the property owner but if negotiations
do not succeed, the City may have to initiate condemnation action.
Added Items:
Bruce Thielen noted that in a number of neighborhoods there is an accumulation of junk cars and questioned
whether staff would be doing a sweep of these areas. He also felt that a reminder should be going out to the
property owners on the weed/long grass portion of the ordinance. Fred Patch responded that when the
weeds/grass are in excess of 6" in height, the property owner is notified and given a period of time to cut the
grass. If it is not done within that time frame, the City has a contractor come out and mow the property.
The cost of the mowing is then charged back to the property owner. Fred Patch also informed the Council
that there was a proliferation of vehicles with "for sale" signs in the downtown parking lot. He has talked
with the property owners regarding the matter. Fred Patch indicated that under state law the sale of more
than 4 vehicles per year from private property is prohibited.
8. Approve Vayment of bills for May.
BRUCE THIELEN MOVED TO APPROVE PAYMENT THE BILLS FOR MAY. ROGER
CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
9. Adjourn.
MAYOR BELSAAS MOVED TO ADJOURN THE MEETING AT 7:25 P.M. BRIAN
STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
Recording Secretary
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