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City Council Minutes 07-14-1997MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, July 14, 1997 - 7 p.m. Members Present: Bill Fair, Clint Herbst, Brian Stumpf, Bruce Thielen, Roger Carlson Members Absent: None 2. Approval of minutes of the special meeting held June 24, 1997, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER CARLSON TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD JUNE 24, 1997, AS WRITTEN. Motion carried unanimously. 3. Approval of minutes of the joint special meeting held June 30, 1997, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO APPROVE THE MINUTES OF THE JOINT SPECIAL MEETING HELD JUNE 30, 1997, AS WRITTEN. Motion carried unanimously. 4. Approval of minutes of the special meeting held July 81997 A MOTION WAS MADE BY ROGER CARLSON AND SECONDED BY BRIAN STUMPF TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD JULY 8, 1997, AS WRITTEN. Motion carried unanimously. 5. Consideration of adding items to the agenda. A. Mayor Fair requested that item #12 include discussion regarding the meeting between the Assistant Administrator and a DNR forester to discuss reforestation of the city. 6. Citizens comments/petitions, requests, and complaints. A. Mr. Dan Goeman, representing the Ralph Hermes property, requested that the Council consider keeping farms intact when establishing the urban service boundaries and to keep in mind the needs and wants of the property owners who are petitioning for annexation. He noted that the entire community benefits when a property is annexed, and if properties are not developed in an orderly fashion, everyone will lose. Mayor Fair noted that establishment of urban service boundaries is on the agenda and will be addressed at that time. Page 1 Council Minutes - 7/14/97 7. Consent agenda. A. Consideration of resolution approving renewal of gambling license for VFW Club. Recommendation: Accept the financial report as presented and adopt the resolution approving the application for renewal of the license for the VFW Club. SEE RESOLUTION 97-24. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT HERBST TO APPROVE THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously. 8. Consideration of renewing Eastwood Knoll listing agreement with Edina Realty. City Administrator Rick Wolfsteller reported that the agreement with Edina Realty has expired for marketing of the Eastwood Knoll lots, and he requested that Council consider renewing the agreement with Dale Florek of Edina Realty for another year. To date the City has sold 12 lots; however, lot sales have slowed down recently. In addition, Wolfsteller noted that the Council may want to discuss increasing the lot prices to remain competitive with the market. Dale Florek of Edina Realty noted that he did not feel a 5% increase in lot prices would slow down sales, as people seemed to be buying because they could choose their own builder. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO RENEW THE LISTING AGREEMENT WITH EDINA REALTY FOR THE SALE OF LOTS IN THE EASTWOOD KNOLL SUBDIVISION AND OPT NOT TO INCREASE THE LOT PRICES. Motion carried unanimously. 9. Consideration of discussing amendments to the urbanization boundary line with orderly annexation boundary. City Administrator Rick Wolfsteller reported that the Council subcommittee, consisting of Councilmembers Herbst, Stumpf, and Carlson, met twice with Monticello Township Supervisors to discuss the urbanization plan and its relationship to the orderly annexation boundary lines. After the first meeting, it appeared a general agreement had been reached that would have extended the urbanization boundary line south to the existing orderly annexation area line and west to the current OAA line, but not include the areas to the east such as the Tyler East development. It was also recommended that the Township Board review whether any property owners Page 2 Council Minutes - 7/14/97 adjacent to the southern annexation line have land that is both inside and outside the annexation boundary and consider adjusting the line to avoid splitting a property. After the regular meeting of the Township Board, the Township Supervisors requested an additional subcommittee meeting to clarify a few issues. At the July 9 subcommittee meeting, the Township proposed to further reduce the new urbanization line by deleting The Dunes and Prairie Acres subdivisions and also areas on the western fringe of the OAA line, which would include Osowski's Market and Silver Springs Golf Course. In addition, the Township presented the following additional conditions to the urbanization agreement: 1. Prorated taxes over 10 years after annexation of any parcel. 2. A 10 -year agreement with an allowance for review after 5 years. 3. Annexations limited to 40 -acre parcels or less. 4. The City would agree not to propose special assessments for improvements to properties that are not yet developed. 5. The City would not extend sewer and water services in a leapfrog fashion. 6. The City would agree to not consider any future annexations outside of the orderly annexation boundary line. Wolfsteller explained that after reviewing the proposal following the meeting, it was his view that it held no advantages for the City other than maintaining a good relationship with the Township. He suggested that the boundaries should be extended if the City agrees to some of the conditions, or the Council should indicate a desire to withdraw from the agreement. Councilmember Herbst noted that most of the conditions were already being followed and a 10 -year agreement with a 5 -year review was reasonable. He suggested that the Council consider negotiating with the Township on the number of years that taxes would be paid to the Township. Councilmember Thielen noted that after reviewing the new statutes enacted June 1, 1997, it was his view that, unless the Township can show damages, it would be arbitrary to prorate the taxes over 10 years since the statute reads Page 3 Council Minutes - 7/14/97 the most you can prorate is 5 years. He stated that he would prefer to have staff work with the City planner to outline the statute and then compare the outline to the Township proposal. Mayor Fair suggested that the Council make their decision based on whether the petition meets all the criteria and let the statutes rule. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO INFORM THE MONTICELLO TOWNSHIP SUPERVISORS OF THE CITY'S INTENTION TO WITHDRAW FROM THE URBANIZATION PLAN AND ABIDE BY STATE STATUTES AND MUNICIPAL BOARD DECISIONS REGARDING ANNEXATION. Voting in favor: Bill Fair, Bruce Thielen, Roger Carlson. Opposed: Clint Herbst, Brian Stumpf. Motion carried. 10. Consideration of a request by property owner for reconsideration of annexation request - Art Anderson (Bridgeland Development Companyl City Administrator Rick Wolfsteller reported that the developer of the Art Anderson property, Bridgeland Development Company, requested that their property be considered for annexation. Since the Council voted to give 60 - days' notice to withdraw from the urbanization plan and there is no provision in the plan that prevents the City from forwarding an annexation petition to the Municipal Board, the Council would have the authority to accept the petition for annexation. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER CARLSON TO ACCEPT THE PETITION FOR ANNEXATION FOR THE ART ANDERSON PROPERTY AND FORWARD IT TO THE MUNICIPAL BOARD FOR CONSIDERATION. Voting in favor: Bill Fair, Bruce Thielen, Roger Carlson, Brian Stumpf. Opposed: Clint Herbst. Motion carried. 11. Consideration of a request to amend the city ordinance relating to utilit service line liability for repairs. City Administrator Rick Wolfsteller reported that Greg Smith, owner of a residential dwelling located at 209 South Walnut Street, recently suffered a broken water service, which according to ordinance is the property owner's responsibility to repair. However, Smith requested that the Council consider amending the ordinance to relieve property owners of the responsibility for repairs to water lines but continue the liability for sewer repairs. It was Smith's view that he had no control over how the original water service was constructed and, therefore, should not be responsible for any repairs under street right-of-way. Page 4 Council Minutes - 7/14/97 Mayor Fair questioned whether the City could assess property owners in order to allow them a longer time to pay for the repairs. The Public Works Director noted that the City is allowed to perform the work and assess the property. A MOTION WAS MADE BY CLINHERBST AND SECONDED BY BRIAN STUMPF TO LEAVE THE ORDINANCE LANGUAGE AS IS WITH REGARD TO LIABILITY FOR REPAIRS AND ADVISE MR. SMITH THAT THE REPAIRS ARE HIS RESPONSIBILITY. Motion carried unanimously. 12. Discussion of MCP proposal for reforestation program. Steve Andrews, representing the Monticello Community Partners (MCP) Board, stated that many residents are wondering if they should repair their sod after having their trees removed or wait for a reforestation program. Andrews offered the MCP's services in implementing a program so that residents can begin to plant trees. Council discussed hiring a consultant to work with staff on creating a reforestation program, which could include incentives for residents to replant trees. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO AUTHORIZE CITY STAFF, ALONG WITH THE PARKS COMMISSION AND MCP, TO PREPARE A REQUEST FOR PROPOSALS FOR THE REFORESTATION OF MONTICELLO DUE TO THE JULY 1 STORM. Motion carried unanimously. 13. Consideration of authorizing contract with Wilson Development Services to assist the City in resolving property impact issues relating to the Highway 25 prof -e• City Administrator Rick Wolfsteller reported that as part of the Highway 25 improvement project from I-94 to Kjellbergs Mobile Home Park, a number of road closures, access realignments, and easements will need to be acquired and negotiated in order for the project to proceed. A number of driveway locations may need to be relocated, and buildings and property will need to be acquired for the Chelsea Road location. In order to keep the acquisition process on schedule, Council was asked to allow City staff to enter into an agreement with Wilson Development Services of Chaska who specializes in working with cities, counties, and other jurisdictions in acquiring rights-of- way and performing appraisal services for the same. Page 5 Council Minutes - 7/14/97 The agreement proposed with Wilson Development Services would provide for professional services in negotiating right-of-way acquisition and appraisal service for properties necessary to be acquired. Based on an estimate of approximately $1,200 for each parcel that needs to be acquired and 35 property owners that need to be contacted, the cost of the contract would be approximately $40,000. Prior to actual purchases, the negotiated settlements would be brought to Council for approval. Mr. Dan Wilson, principal owner of Wilson Development Services, noted that the contract proposed was a time and matericat. s contract, which would give the City the right to immediately terminate the contract at any time if desired. It was proposed by Wilson to use Laky: State Realty Services, owned by Julie Jeffrey -Schwartz, as she was a right-of-way appraiser and expert witness with MN/DOT prior to starting her own firm. City Attorney Paul Weingarden explained that because many of the properties that the City will be negotiating for purchase are damaged due to the July 1 storm, he suggested that the City move quickly with the acquisition process to avoid liability in the case of injuries since many businesses continue to operate as best they can out of their damaged buildings. In addition, Weingarden indicated that he represents Ms. Julie Jeffrey -Schwartz in a personal matter but did not believe it would result in a conflict if her firm was hired by Wilson for appraisals. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT HERBST TO AUTHORIZE STAFF TO ENTER INTO AN AGREEMENT WITH WILSON DEVELOPMENT SERVICES FOR PROVIDING RIGHT-OF-WAY ACQUISITION AND APPRAISAL SERVICES ON THE HIGHWAY 25 IMPROVEMENT PROJECT, WITH THE UNDERSTANDING THE COST MAY BE AS MUCH AS $40,000. Motion carried unanimously. The City Attorney then explained that a number of properties have been redflagged as badly damaged and represent violations of public health and safety. He requested that the Council give the Chief Building Official direction as to whether they would like him to aggressively shut down those businesses or allow them to try and operate out of trailers. It was the consensus of Council to give the Chief Building Official the latitude and discretion to decide whether a business must be shut down or can operate as is until repairs or purchases are resolved. Page 6 Council Minutes - 7/14/97 14. Consideration of resolution accepting feasibility report„ calling for public hearing, )proving plans and specifications, and ordering advertisement for bids - High School trunk storm sewer, Project 97-07C. City Engineer Bret Weiss reported that as part of the new Monticello High School construction project, trunk storm sewer improvements will be needed to connect storm water ponds from Cardinal Hills to proposed ponds on the high school and middle school sites. The project cost was estimated at $420,000. Benefiting properties in the watershed district that would be assessed include the School District, a large portion of the Monticello Industrial Park, Cardinal Hills, and other areas extending into the township. Weiss noted that the majority of the project cost would be covered through assessments, trunk fees, and lateral improvements for the high school. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER CARLSON TO ADOPT A RESOLUTION ACCEPTING THE FEASIBILITY REPORT, CALLING FOR A PUBLIC HEARING FOR JULY 28, APPROVING PLANS AND SPECIFICATIONS, AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT 97-07C, HIGH SCHOOL TRUNK STORM SEWER IMPROVEMENTS. Motion carried unanimously. SEE RESOLUTION 97-25. 15. Consideration of additional information regarding city hall space needs study --additional presentation by Architect Al Mjorud. Architect Al Mjorud presented three options for consideration by Council regarding city hall space needs: 1) add on to and remodel the existing city hall; 2) purchase and remodel the Marquette Bank building; or 3) build a new city hall building. Mayor Fair noted that the City should make a decision soon so that the bank can either settle with the City or proceed to market the building. It was his view that the Council should seriously consider purchasing the bank building because the price was reasonable, significant mechanical work was recently done, it was partially renovated in 1993, and it would provide the critical space needed for city hall operations. In addition, any additional remodeling to the bank building suggested by Architect Al Mjorud could be decided in the future when and if it became necessary. Councilmember Stumpf stated that he felt the City should investigate building a new building at another site that would fit the specific needs of city hall. Page 7 Council Minutes - 7/14/97 AFTER DISCUSSION, A MOTION WAS MADE BY CI INT HERBST AND SECONDED BY ROGER CARLSON TO PURSUE j 2-; AGREEMENT FOR PURCHASE OR LEASE OF THE MARQUETTE B Q vK BUILDING AND TO PURSUE MARKETING THE CURRENT CITY Hfi-, -L BUILDING. Voting in favor: Clint Herbst, Roger Carlson, Bruce Thielen, I$ill Fair. Opposed: Brian Stumpf. Motion carried. 16. Consideration of bills for the first half of July. A MOTION WAS MADE BY CLINT HERBST AND ;SECONDED BY ROGER CARLSON TO APPROVE THE BILLS FOR THE F1I4ST HALF OF JULY AS PRESENTED. Motion carried unanimously. 17. Other matters. A. Economic Development Director 011ie Koropchak reported that the Industrial Development Committee requested that the Council set a special workshop for August 18, 1997, at 7 p.m., to discuss industrial park land. It was the consensus of Council to set a special meeting for Monday, August 18, 1997, at 7 p.m., to meet with the IDC to discuss industrial park land issues. B. City Administrator Rick Wolfsteller reported that the Land O'Lakes Boys Choir gambling organization expressed an interest in donating funds, possibly up to $5,000, to help victims of the recent storm. As an alternative, it appeared they may be interested in donating funds to the City that could be used for reforestation of the city parks. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO DEDICATE FUNDS RECEIVED FROM THE LAND O'LAKES BOYS CHOIR TO REFORESTATION OF ELLISON PARK. Motion carried unanimously. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO ADJOURN THE MEETING. Motion carried unanimously. %tC41 KAre�i Doty Office Manager