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City Council Minutes 04-14-1997MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, April 14, 1997 - 7 p.m. Members Present: Bill Fair, Clint Herbst, Brian Stumpf, Roger Carlson, Bruce Thielen Members Absent: None 2. Approval of minutes of the regular meeting held March 24, 1997, Councilmember Brian Stumpf requested that the motion to approve the minutes be changed to seconded by Bruce Thielen. A MOTION WAS MADE BY ROGER CARLSON AND SECONDED BY BRUCE THIELEN TO ACCEPT THE AMENDMENT TO THE MINUTES. Motion carried unanimously. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO APPROVE THE MINUTES OF THE MEETING HELD MARCH 24, 1997, AS AMENDED. Motion carried unanimously. 3. Consideration of adding items to the agenda. A. Mayor Fair requested that an update on the River Terrace Trailer Park flood be added to the end of the agenda. B. Public Works Director John Simola reported that staffs recommendation for item 5F on the consent agenda is to accept the low bid from Al Berg Water Services in the amount of $5,721. 4. Citizens comments petitions, requests, and complaints. A. Monticello resident Nena Barker noted her concern regarding the traffic speed on Broadway and the placement of school zone signs. It was her view that more speeding tickets should be issued by the Sheriffs Department, and the school zone signs should be placed well in advance of the school buildings rather than near the school driveways. Assistant Administrator Jeff O'Neill explained that the Monticello Community Partners (MCP) is studying the downtown area, including traffic on Broadway. Once the MCP's plan is complete, it will be forwarded to the Planning Commission for review. Page 1 Council Minutes - 4/14/97 After discussion, it was the consensus of Council to forward Barker's concerns to the Police Commission for review. B. Dan Goeman, Goeman Realty, requested that Council make a motion to re -open item #7 for public hearing and discussion regarding an amendment to the urban service area boundaries. Goeman noted that a new school referendum was passed to deal with upcoming growth, and housing is needed to help the community retain important businesses and services in the area. The development proposed by Orrin Thompson would provide necessary housing, would provide fees to help pay for the wastewater treatment plant debt, and the new families would help share in the tax burden. Mayor Fair thanked Goeman for his comments and noted that this issue would be discussed under item #7 of the agenda. C. Don Januszewski of River Terrace Park asked when they would be able to move back into their homes and why they were not given more notice of evacuation. Mayor Fair stated that residents were evacuated quickly due to the flooding of the wells and sanitary sewer at the park, which became a public safety concern. City staff has been directed to evaluate the sewer system and well contamination and a report would be forthcoming by the end of the week. He noted that an update on the flood situation would be given later in the meeting. D. Captain Arden Roen, Minnesota National Guard, invited the Council, City staff, and residents to the "Meet the Guard" presentation at 10 a.m. on April 19, 1997, at the Monticello High School. The presentation will show the air defense training, systems, and programs used by the Guard. Bill Fair welcomed Captain Roen and the National Guard to the community and encouraged the public to attend the flag raising. 5. Consent agenda. A. Consideration of a conditional use permit to allow three or more business signs on a commercial building at 112 West Broadway. Applicant, Karen Schneider. Recommendation: Approve the conditional use permit to allow three or more business signs at 112 West Broadway as illustrated by the sign plan submitted, subject to the following conditions: 1. All signs for tenants shall be consistent in design, material, shape, and method of illumination; and Page 2 Council Minutes - 4/14/97 2. Prior to making any alteration of signs, sign location, sign size, or number of signs, the building owner shall submit an application and revised sign plan to the City and receive an amendment to this conditional use permit. B. Consideration of appointment to EDA. Recommendation: Appoint Darrin Lahr to the EDA, with a term expiration of December 1997. C. Consideration of approving contribution to MCP from the Leeion Club. Recommendation: Approve the contribution of $300 to the MCP matching the contribution received from the American Legion Club. D. Consideration of Assistant Liquor Store Manager appointment. Recommendation: Appoint Michael Fischbach as Assistant Liquor Store Manager at grade 6, step 2. E. Consideration of a resolution designating representative authorized to execute disaster assistance applications. Recommendation: Adopt the resolution authorizing City Administrator Rick Wolfsteller to execute all subgrant agreements to obtain federal assistance for snow removal costs incurred during January 1997. SEE RESOLUTION 97-13. F. Review of bids for refurbishment of deep well #2 City Project 97-02C and consideration of award. Recommendation: Award the bid for refurbishment of deep well #2, Project 97-02C, to the low bidder, Al Berg Water Services of Elk River, at a cost of $5,721. G. Consideration of purchase of new paint striper for street department. Recommendation: Authorize the purchase of a new paint striper from Earl F. Anderson for the GM 3500 Line Lazer Paint Striper at a cost of $3,993.75, and authorize the public works department to advertise the old paint striper for sale. H. Consideration of purchase of farm disk for biosolids facility. Recommendation: Purchase the used John Deere 220 disk from Scharber & Sons of Rogers for $5,500. I. Consideration of final payment on Cardinal Hills 4th Addition, Project 94-01C - RP Utilities. Recommendation: Authorize final payment to RP Utilities in the amount of $26,834.50 upon receipt of all final lien waivers, etc. Page 3 Council Minutes - 4/14/97 J. Consideration of change order #1 and final payment on Project 95-02C, Klein Farms - Rvan Contracting. Recommendation: Approve change order #1 in the amount of $18,256.75 and authorize final payment to Ryan Contracting, Inc., in the amount of $93,929.01. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO APPROVE THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously. 6. Consideration of items removed from the consent agenda for discussion. None. 7. Consideration of a recommendation by the Planning Commission to reconsider denial of extension of Urban Service Area. At their April 1, 1997, meeting, at the request of Planning Commission Chair Dick Frie, the Planning Commission reviewed the March 24 Council discussion and action regarding the urbanization plan boundary amendments requested by Art Anderson and Orrin Thompson. After review, the Planning Commission found that the City Council did not have a clear understanding of the Planning Commission recommendation when making its decision on March 24. Therefore, the Planning Commission requested that the item be reconsidered. The Planning Commission went on to clarify its position by recommending that the City Council reconsider the denial for extension of the urban service area and annexation of the properties. Mayor Fair stated that in order to reconsider the issue of amending the Urban Service Area boundaries, one of the Council members who voted to deny the amendment must make a motion to reconsider; however, if the item is to be reconsidered, it should be tabled until the next Council meeting to allow for public notification. Councilmember Brian Stumpf suggested that a committee of Council, Planning Commission, and Township Board members discuss the entire Urban Service Area. Councilmember Bruce Thielen noted that he would be uncomfortable moving the Urban Service boundaries for one developer; however, he was agreeable to a committee reviewing the entire Urban Service Area, with the understanding there would be no guarantee that the boundaries would be amended. Page 4 Council Minutes - 4/14/97 AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO RECONSIDER THE MOTION TO DENY AMENDMENT TO THE URBAN SERVICE AREA. REASON FOR RECONSIDERATION IS THAT THE URBAN SERVICE BOUNDARIES WERE PREVIOUSLY REVIEWED TOO NARROWLY AND SHOULD BE REVIEWED FROM AN OVERALL PERSPECTIVE. Voting in favor: Bruce Thielen, Brian Stumpf, Bill Fair, Roger Carlson. Opposed: Clint Herbst. Motion passed. A MOTION WAS THEN MADE BY MAYOR BILL FAIR AND SECONDED BY ROGER CARLSON TO SCHEDULE A MEETING WITHIN THE NEXT TWO WEEKS WITH THE PLANNING COMMISSION AND TOWNSHIP BOARD TO DISCUSS THE ENTIRE URBAN SERVICE AGREEMENT. MAYOR FAIR THEN AMENDED HIS MOTION TO STATE THAT WITHIN THE NEXT TWO WEEKS A DATE SHALL BE ESTABLISHED WITHIN ONE MONTH FROM APRIL 14 WITH THE PLANNING COMMISSION AND TOWNSHIP BOARD TO DISCUSS THE ENTIRE URBAN SERVICE AGREEMENT. THE AMENDMENT WAS SECONDED BY ROGER CARLSON. Voting in favor: Bill Fair, Roger Carlson, Bruce Thielen. Opposed: Clint Herbst, Brian Stumpf. It was Stumpf s view that a committee should be established to review the Urban Service Area rather than all members of each board. Motion passed. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO POSTPONE ACTION ON RECONSIDERATION OF THE ORRIN THOMPSON AND ART ANDERSON REQUESTS FOR AMENDMENTS TO THE URBAN SERVICE BOUNDARIES UNTIL AFTER THE COUNCIL MEETS WITH THE PLANNING COMMISSION AND TOWNSHIP BOARD. Motion carried unanimously. 8. Consideration of creating a task force to define community uses and facilities in a National Guard Community and Training Center. Assistant Administrator Jeff O'Neill reported that a group of citizens who have participated in meetings regarding the proposed National Guard Community and Training Center is requesting that Council consider creating a task force to define community needs and establish a potential program for a partnership with the National Guard. It was the view of the group that sufficient commitment was expected from the National Guard and sufficient potential benefit to the community existed to justify the request. Council discussed the School District's involvement and/or possible participation in the project. Mayor Fair explained that part of what the task force would address would be the intent of the School District, and it was likely that the task force would include School representatives. He also noted that the task force would need to identify tasks and resources needed, and then the Council Page 5 Council Minutes - 4/14/97 could establish a budget for accomplishing those tasks. Final decisions regarding the community center, however, would be made by the City Council. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO ESTABLISH A TASK FORCE, NOT TO EXCEED 13 MEMBERS, TO IDENTIFY TASKS AND RESOURCES NEEDED TO ESTABLISH A PARTNERSHIP WITH THE NATIONAL GUARD REGARDING A TRAINING/COMMUNITY CENTER, AND RETURN TO COUNCIL FOR DISCUSSION. Motion carried unanimously. It was the consensus of Council that the task force could be made up of representatives from the City Council, School Board, HRA, County, MCP, National Guard, and Monticello Township. Councilmembers Bruce Thielen and Bill Fair volunteered to represent the City Council on the task force. Thielen and Fair will meet with City staff to discuss representation on the task force. Public Works Director John Simola reported that two bids were received for contract mowing services, one from Steve's Lawn & Snow of Otsego, and one from Carefree Lawn Service of Monticello. Based upon previous years' services of 22 mowings per year and fall cleanup at the liquor store, library, and fire hall; and 6 mowings and spring and fall cleanup at Riverside Cemetery, the total annual value contract would be lower with Steve's Lawn & Snow at $7,548 per year. Carefree Lawn Service's cost would be $7,950. Simola went on to explain that the bid extension was based on six mowings per year at Riverside Cemetery, which was the number of mowings contracted for previously by the Masons. However, the grass sometimes gets quite long between mowings, and Council may want to consider increasing the number of mowings at the Riverside Cemetery. If Council increased the number of mowings to 12 times per year, Carefree Lawn Service's annual contract would be slightly less than Steve's Lawn & Snow, $11,100 vs. $11,148. Simola also suggested that Council consider increasing grave prices to generate the necessary revenue to support increased maintenance of the cemetery. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO INCREASE THE LEVEL OF SERVICE TO A MINIMUM OF 12 MOWINGS PER YEAR FOR RIVERSIDE CEMETERY AND AWARD THE MOWING CONTRACT TO CAREFREE LAWN SERVICE BASED ON AN ANNUAL LOW PRICE OF $11,100. Motion carried unanimously. Page 6 Council Minutes - 4/14/97 10. Consideration of establishing procedures for marketing tax forfeited property squired by the City. City Administrator Rick Wolfsteller reported that the Wright County Board of Commissioners recently allowed the City to acquire 15 lots in the Meadow Oak Estates subdivision that were being tax forfeited for non-payment of taxes and special assessments. Of the 15 lots, Wolfsteller suggested that 2 or 3 of the lots along Meadow Oak Lane be kept by the City for ponding in the Meadow Oak Estates development, and an additional lot would be used for entrance to the Eastwood Knoll development, which would result in 11 or 12 lots left for resale. He estimated that the lots would likely be appraised between $20,000 to $24,000 each. Wolfsteller also noted that the City acquired approximately a 5 -acre parcel of land east of Cedar Street and north of Dundas Road south of the Silver Fox Motel area. It was recommended that the City hold this property until the adjacent area develops. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT HERBST TO DIRECT STAFF TO OBTAIN A MARKET ANALYSIS ON THE PARCELS AND TO RESEARCH COVENANTS AND RESTRICTIONS FOR THE LOTS AND RETURN TO COUNCIL FOR FURTHER DISCUSSION. Motion carried unanimously. 11. Consideration of legal services concerns --contract for legal services and contract authorization. Chief Building Official Fred Patch reported that information was prepared for the City Attorney requesting that a criminal complaint be initiated regarding a long -maintained, dangerous public nuisance and installation of a building contrary to agreements with the City and without a building permit; however, it was found that the City does not have a contract with the City Attorney which clearly defines the scope of services. The Wright County Attorney's office was also contacted, and staff' was informed that their office does not prosecute such cases but typically prosecutes only those cases brought forward by the Wright County Sheriffs Department. In reviewing the City's contract with the Sheriffs Department, it was found that the contract specifically exempts all of the laws typically enforced by the Building Official. Patch requested that Council authorize City staff to work with the City Attorney to develop a contract for legal services according to the recommendation of the City Administrator to enable the City to prosecute cases involving laws enforced by the Building Official. Page 7 Council Minutes - 4/14/97 City Attorney Paul Weingarden noted that previous Councils had not granted him authority to prosecute criminally. If given the discretion to prosecute either civilly or criminally, he would discuss it with the Chief Building Official. AFTER DISCUSSION, A MOTION WAS MADE BY BILL FAIR AND SECONDED BY CLINT HERBST TO AUTHORIZE THE CITY ATTORNEY TO CRIMINALLY PROSECUTE THOSE MATTERS THAT THE COUNTY ATTORNEY CANNOT HANDLE AND CIVILLY PROSECUTE OTHER CASES. The approach selected would be at the discretion of the City Attorney and City staff. Motion carried unanimously. 12. Consideration of bills for the first half of April. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO APPROVE THE BILLS FOR THE FIRST HALF OF APRIL AS PRESENTED. Motion carried unanimously. A. River Terrace Flooding. Mayor Bill Fair reported that a meeting was held on April 14 regarding the flood situation at River Terrace Trailer Park. Fred Patch was appointed as coordinator for occupancy of the park. Mayor Fair explained that problems encountered at the park included flooded lift stations, contaminated water, frozen pipes in some of the trailers, and contaminated private well and sewer systems for which no map can be provided for review. The Department of Health will need to inspect and approve the water and sewer systems, and NSP and Minnegasco will need to restart the systems in each home to avoid problems with leaking gas or dangerous electrical situations. It was estimated that residents may be able to re -occupy the park by the end of the week after further investigation by City staff. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT HERBST TO ADJOURN THE MEETING. Motion carried unanimously. ar n Doty Office Manager Page 8