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City Council Minutes 04-28-1997MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, April 28, 1997 - 7 p.m. Members Present: Bill Fair, Bruce Thielen, Roger Carlson, Clint Herbst, Brian Stumpf Members Absent: None 2. Approval of minutes of the regular meeting held A rin l 14, 1997. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD APRIL 14, 1997, AS WRITTEN. Motion carried unanimously. 3. Consideration of adding items to the aannd_a. A. Councilmember Brian Stumpf requested an update from the Public Works Director on the progress of painting the old water tower. B. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER CARLSON TO MOVE ITEM #11, CONSIDERATION OF CHANGE ORDER #2 FOR PROJECT 93-14C (WASTEWATER TREATMENT PLANT EXPANSION), TO THE CONSENT AGENDA AS ITEM 5G. Motion carried unanimously. C. Assistant Administrator Jeff O'Neill requested that authorization to waive the building moratorium and issue a building permit to Peterson/Grimsmo Funeral Home be added to the consent agenda as item 5H. 4. Citizens comments petitions, requests, and complaints. None. 5. Consent agenda. Councilmember Brian Stumpf requested that item 5E be removed from the consent agenda for discussion. Councilmember Roger Carlson requested that item 5C be removed from the consent agenda for discussion. Page 1 Council Minutes - 4/28/97 A. Consideration of approval of final plat and development agreement - Prairie West Second Addition. Recommendation: Approve the final plat and development agreement for Prairie West Second Addition. B. Consideration of ordering a feasibility study on road, sanitary sewer, water main, storm sewer, and roadway improvements associated with the proposed Chelsea Road alignment between Wright County Road 117 and Cedar Street. Recommendation: Authorize completion of the feasibility study subject to the applicant making a deposit of $3,500. C. Consideration of calling for a special meeting with Monticello Township to discuss urbanization plan modifications. Removed from the consent agenda for discussion.. D. Consideration of approving Monticello Knights of Columbus #6825 implication to operate a gambling license at Comfbrt Inn. Recommendation: Adopt a resolution authorizing the State Gambling Control Board to issue a pulltab license to the Monticello Knights of Columbus for the Comfort Inn Motel. SEE RESOLUTION 97-14. E. Consideration of granting an extension to carnival permit for Monticello Mall Merchants Association. Removed from the consent agenda for discussion. F. Consideration of Arbor Day Proclamation and observance for Friday, April 25, 1997, Recommendation: Support the staffs Arbor Day celebration held on April 25, and declare April 25, 1997, as Arbor Day and the month of May as Arbor Month. G. Consideration of Change Order No 2 for City Project #93-14C (wastewater treatment plant expansion). Recommendation: Approve change order #2 for a net decrease in contract price of $4,687. H. Consideration of waiving the building moratorium and authorizing issuance of a building permit for the Peterson/Grim mo Funeral Home. Recommendation: Approve waiving the building moratorium and authorize staff to issue a building permit for the Peterson/Grimsmo Funeral Home. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRUCE THIELEN TO APPROVE ITEMS 5A, 513, 5D, 5F, 5G, AND 5H OF THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously. Page 2 Council Minutes - 4/28/97 6. Consideration of items removed from the consent agenda for di cup ion. 5C. Consideration of calling for a Uecial meeting with Monticello Township to discuss urbanization plan modifications. City Administrator Rick Wolfsteller reported that in a letter received from Darlene Sawatzke, Monticello Township Clerk, the Township Board was willing to have a joint meeting with the City Council on May 20 or May 27 under the following conditions: 1. The only individuals allowed to have discussion during the meeting would be the City Council and Township Supervisors. 2. The meeting would be no longer than two hours at the Monticello Township Hall or at another neutral site. 3. The meeting would be presided over by a neutral moderator, which the Supervisors felt should be Pat Sawatzke, Wright County Board member. In addition, Wolfsteller noted that although the Township understands that the meeting must be open to the public, it would not be conducted as a public hearing and would not allow input from anyone, including the Monticello Planning Commission and City staff. One of the agreeing conditions would be that only the Monticello City Council and Township Board of Supervisors would be allowed to participate in the discussion. Councilmember Bruce Thielen stated that because one of the conditions set by the Township was that County Commissioner Pat Sawatkze be the moderator of the joint meeting and he is Thielen's boss, he would abstain from participation and decisions made during this discussion. Councilmember Roger Carlson noted that he was under the impression that the proposal to the Monticello Township Board was to meet jointly with the City to discuss the Urban Service Area boundaries, and he was concerned about the Township setting all the guidelines for the joint meeting without input from the City. Mayor Fair also noted his concern with the conditions specified by the Township. He questioned whether a meeting should be conducted without Planning Commission and City staff input since they have knowledge of the issue's history. Page 3 Council Minutes - 4/28/97 Council discussed the role of the moderator and whether Pat Sawatzke would be considered a neutral party. Councilmembers Herbst and Stumpf noted that the moderator's role would not be to participate in the meeting but only to keep the discussion moving and open and close the meeting. In addition, Councilmember Herbst noted that if motions were going to be made by the Council to change the urban service boundaries at the joint meeting, then the Planning Commission and City staff should participate in the discussion; however, if the meeting was for discussion purposes only, then their participation may not be necessary. Planning Commission Chair Dick Frie requested an update on the Council motion made at the previous Council meeting regarding reconsideration of the urban service boundary issue. After Mayor Fair read the item from the April 14, 1997, minutes, Frie noted that the Council motion was to include the Planning Commission; therefore, the Township's conditions were not in compliance with the motion. Councilmember Herbst noted that although the Township can make a separate motion, the City Council must decide if they want to abide strictly by the City's motion or agree to the Township conditions in order to begin discussions on the issue. City Administrator Wolfsteller added that in talking with the Township Clerk, it was noted that one reason the Township preferred the discussion be limited to the Council and Township Board was that if the City and Township's Planning Commissions participated in the discussion, the group would become too large. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO AGREE TO A JOINT MEETING WITH THE MONTICELLO TOWNSHIP BOARD ON MAY 20, 1997, AT 7:30 P.M., AT THE MONTICELLO TOWNSHIP HALL, TO DISCUSS THE URBANIZATION PLAN BOUNDARIES WITH THE FOLLOWING CONDITIONS: 1. THE ONLY INDIVIDUALS ALLOWED TO HAVE DISCUSSION DURING THE MEETING WOULD BE THE CITY COUNCIL AND TOWNSHIP SUPERVISORS. 2. THE MEETING WOULD BE NO LONGER THAN TWO HOURS AT THE MONTICELLO TOWNSHIP HALL. 3. THE MEETING WOULD BE CONDUCTED BY WRIGHT COUNTY BOARD MEMBER PAT SAWATZKE, AS MODERATOR. Page 4 Council Minutes - 4/28/97 Councilmember Roger Carlson stated that he was not supportive of a joint meeting with another government body setting all the meeting rules but would support the motion in order to keep the issue moving. MAYOR FAIR THEN PROPOSED AN AMENDMENT TO THE MOTION TO ADD THAT PAT SAWATZKE WOULD MODERATE THE MEETING, BUT HIS SOLE ROLE WOULD BE TO OPEN AND CLOSE THE MEETING. THE AMENDMENT WAS SECONDED BY ROGER CARLSON. Councilmember Herbst noted that if Commissioner Sawatzke was not allowed to express his opinion at the meeting, he would be considered a neutral party. Mayor Fair explained that even though Sawatzke may not be allowed to participate in the discussion, his position as County Commission would put one of the City Council members in an uncomfortable position because he is the Council member's boss. VOTING IN FAVOR OF THE AMENDMENT: BILL FAIR, ROGER CARLSON. OPPOSED: BRIAN STUMPF, CLINT HERBST. ABSTAINING: BRUCE THIELEN. Amendment to the motion failed. VOTING IN FAVOR OF THE ORIGINAL MOTION: CLINT HERBST, BRIAN STUMPF, ROGER CARLSON. OPPOSED: BILL FAIR. ABSTAINING: BRUCE THIELEN. Motion passed as originally stated. Bruce Pankonin, representing Orrin Thompson Homes, suggested that each City Council and Township Board member submit an affidavit of interest since there are Township Supervisors that have an interest in land in the area to be discussed. It was his view that if the public was not allowed to participate in the discussion, board members who have an interest in the land should also be excluded from the discussion in order to avoid a conflict of interest. Ken Scadden, Township Board member, stated that the meeting would be open to the public; however, in order to keep the discussion moving, the Township felt it would be best to limit participation to only the City Council and Township Board members. No additional action was taken by Council regarding the proposed affidavits of interest, and Councilmember Roger Carlson noted that the City has made a good faith step forward to continue discussions of the urban service boundary issue. Page 5 Council Minutes - 4/28/97 5E. Consideration of granting an extension to carnival permit for Monticello Mall Merchants Association. City Administrator Rick Wolfsteller reported that in October of 1996, the Council granted the Monticello Mall Merchants Association a permit to allow Chuck's Amusements to operate a carnival at the mall from Wednesday, May 28, through Sunday, June 1, 1997, for a total of 5 days. The Association recently requested that Council consider allowing the mall to extend the carnival's stay through Sunday, June 8, for a total of 12 days. The reason for the request was that the carnival would be moving their operation to Big Lake on the weekend of June 8 and would like to leave it set up at the mall rather than dismantling it for less than a week. Councilmember Stumpf noted his concern that increasing the carnival permit from 5 to 12 days seemed to be extreme, and he added that the carnival permit authorized by the City of Big Lake was also for 5 days, which seemed to be an adequate amount of time. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO DENY APPROVAL OF THE CARNIVAL LICENSE EXTENSION. Voting in favor: Brian Stumpf, Clint Herbst, Roger Carlson. Opposed: Bruce Thielen, Bill Fair. Motion passed. 7. Public hearing on adoption of proposed assessment roll for delinquent utility bills and certification of assessment roll to County Auditor. Mayor Fair opened the public hearing. City Administrator Rick Wolfsteller reported that the assessment roll for utility billing accounts included accounts which were delinquent more than 60 days, and the assessment roll would be certified to the County Auditor for collection on 1998's real estate taxes if not paid by November 30, 1997. He also noted that in addition to the delinquent amount, an administrative fee of $25 per account was added to each assessment. There being no comment from the public, Mayor Fair closed the public hearing. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO ADOPT THE ASSESSMENT ROLL FOR DELINQUENT CHARGES AS PRESENTED FOR CERTIFICATION TO THE COUNTY AUDITOR AT AN INTEREST RATE OF 8%. Page 6 Council Minutes - 4/28/97 City Administrator Wolfsteller suggested that Council eliminate the $25 penalty for those residents affected by the flood in the River Terrace Park, as they may not have received their mail in time to pay prior to deadline. BRIAN STUMPF THEN AMENDED HIS MOTION TO EXCLUDE THE $25 ADMINISTRATIVE CHARGE FOR THOSE RIVER TERRACE PARK RESIDENTS WHO WERE AFFECTED BY THE FLOOD. Clint Herbst seconded the amended motion. Motion carried unanimously. SEE RESOLUTION 97-15. 8. Consideration of a request for a reduction in building permit fees previously paid --Glen Posusta. In his Council report, Chief Building Official Fred Patch explained that Glen Posusta, owner of Amax Storage of Monticello, requested that Council consider a reduction in the building permit fees previously paid in 1996 for his storage facility. Posusta was concerned about the amount being charged for the building permit and the method by which the building permit fee was determined. Glen Posusta stated that after reviewing the method of calculating building permit fees, he understood how the Building Official arrived at the building permit amount, and he withdrew his request for a reduction in the building permit fees previously paid. However, Posusta stated his main concern at this time was the valuation of $140,000 which appeared on the building permit. Posusta was concerned that the assessor would base the real estate taxes on the $140,000 amount because it appeared on the building permit even though the building would not appraise for that amount. Chief Building Official Fred Patch explained that the valuation used for building permits is based on square footage of the building, which allows the same formula to be used for every property to maintain consistency. He noted that the assessor would look at comparable businesses when computing the valuation for property taxes. No Council action was necessary. 9. Consideration of increasing sanitary sewer access fee. City Administrator Rick Wolfsteller reported that a survey of neighboring communities regarding sanitary sewer access unit charges (SAC) was recently completed and presented for Council consideration. He noted that City staff was also in the process of collecting development cost information on other fees in order to provide the Council with a comprehensive understanding of Monticello's development expenses as compared to other communities. Page 7 Council Minutes - 4/28/97 Following is the comparative data on SAC charges in neighboring communities: Becker $ 600/unit St. Michael 3,300/unit Elk River 1,300/unit Buffalo 3,700/unit Big Lake 2,300/unit Wolfsteller noted that the current SAC charge in Monticello is $1,500, and staff proposed that Council consider increasing the charge to between $2,000 and $2,500 and earmarking the increase toward retirement of the wastewater treatment plant debt. It was also suggested that builders and developers be given a 60 -day grace period to allow builders a chance to pass the cost on to customers on future contracts. Council discussed raising the fee to $3,000 and whether additional research should be completed prior to the increase. Councilmember Herbst suggested that since the City Council had already discussed increasing the fee during the past couple of months, a 30 -day grace period would be sufficient. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO INCREASE THE SANITARY SEWER ACCESS FEE FROM $1,500/UNIT TO $3,000/UNIT EFFECTIVE JUNE 1, 1997. NOTICE OF THE INCREASE WILL BE MAILED TO BUILDERS WITH PUBLIC COMMENT TAKEN UNTIL JUNE 1. Voting in favor: Clint Herbst, Brian Stumpf, Bruce Thielen. Opposed: Bill Fair, Roger Carlson. Motion passed. It was the view of Mayor Fair and Councilmember Carlson that a longer grace period should be allowed prior to the increase taking effect. Consideration of appointing Wright Soil and Water Conservation District as the authority administering wetland protection laws in the city of Monticello. Assistant Administrator Jeff O'Neill reported that since 1991, the City of Monticello has been the local governing unit in charge of regulating wetlands; however, since wetland law and regulations continue to change and staff has found it difficult to keep up with the requirements of the law and technical aspects of administration of the law. In addition, administration of the wetland act is a service provided by the Wright Soil and Water Conservation District to cities without charge. Council was requested to consider appointing the Wright Soil and Water Conservation District as the authority to administer wetland protection laws in the city of Monticello. Page 8 Council Minutes - 4/28/97 AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO APPOINT THE WRIGHT SOIL AND WATER CONSERVATION DISTRICT AS THE 1991 WETLAND ACT LOCAL GOVERNING UNIT FOR THE CITY OF MONTICELLO. Motion carried unanimously. 11. Consideration of Change Order No. 2 for City Project #93-14C (wastewater treatment plant expansion). This item was added to the consent agenda. 12. Consideration of bills for the last half of April, 1997, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO APPROVE THE BILLS FOR THE LAST HALF OF APRIL 1997 AS PRESENTED. Motion carried unanimously. A. Councilmember Brian Stumpf requested an update from the Public Works Director on the progress of painting the old water tower. Public Works Director John Simola reported that the company painting the water tower was notified that the temperature was high enough to continue painting and that the $50 per day penalty would again begin. to accumulate. Approximately $1,800 in liquidated damages had accumulated during the fall of 1996. B. Mayor Fair noted that City staff scheduled a flood relief trip to Breckenridge on May 1, 1997. Assistant Administrator O'Neill explained that a relief fund had been established at Marquette Bank; however, very few dollars had been deposited by meeting time, and O'Neill requested that Council consider funding the difference between the cost of the bus and the amount deposited in the relief fund. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRUCE THIELEN TO FUND THE DIFFERENCE BETWEEN THE COST OF THE BUS TO BRECKENRIDGE AND THE AMOUNT DEPOSITED IN THE RELIEF FUND. Motion carried unanimously. C. Council set a special meeting for Tuesday, May 13, 1997, at 4 p.m., for the purpose of conducting a prioritization workshop. Page 9 Council Minutes - 4/28/97 D. Mayor Fair reported that he received a call from the Monticello Country Club regarding whether the City would be holding a special election for a referendum on allowing additional liquor licenses within the city of Monticello. They are considering expanding the club but would like to have more information regarding the referendum prior to construction. City Administrator Wolfsteller reported that the Council can specify in a referendum the number of additional licenses to be issued, or the question can be left open-ended by asking if the City can issue additional liquor licenses. City staff was directed to contact the Monticello Country Club for more information and return the item to Council. E. Mayor Fair reported that he received a proposal from Marquette Bank for selling their building on Highway 25 to the City for a new city hall. The appraisal on the 19,000 sq ft building was $750,000, and the Mayor asked Council members if they would like City staff to proceed with investigating the property for possible purchase. It was noted by Council members that although the location did not match the Monticello Community Partners' plan for a future civic area on Walnut Street, the price seemed reasonable in that the City would not be able to build a new city hall for $750,000. It was consensus of the City Council to direct staff to investigate the possible purchase of the Marquette Bank building and report back to the Council. F. Mayor Fair requested an update on the Highway 25 project. City Engineer Bret Weiss reported that the property acquisition process has begun, and MN/DOT has agreed to assume responsibility for paying all fees directly rather than the City paying the cost and receiving reimbursement. In addition, Weiss noted that he is working on obtaining federal approval for the loop ramp, which has been included by MN/DOT and would likely be constructed with the Highway 25 improvements. Staff is also working with the City Engineer on a proposal for relocating the commuter parking lot, which MN/DOT would like completed in 1997. Weiss went on to report that Wright County plans to terminate County Road 117 at the new Chelsea Road and not extend it to Highway 25, which would relieve them of any financial reponsibility in the project. Page 10 Council Minutes - 4/28/97 G. Mayor Fair requested an update on the post office access situation. City Administrator Wolfsteller reported that Brad Larson had requested that the City consider making the access from Locust Street a one-way entering the parking lot. The City does own a strip of land behind the photography building, which Metcalf and Larson have now sold. Wolfsteller also noted that the owner of the post office building may be interested in purchasing the neighboring lot from the City for an additional post office access. Mayor Fair directed the City Administrator to set up a meeting, which he would also attend, to negotiate the access points. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO ADJOURN THE MEETING. Motion carried unanimously. Zrbn Doty Office Manager Page 11