Loading...
City Council Minutes 10-13-2003MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, October 13, 2003 - 7 p.m. Members Present: Roger Carlson, Glen Posusta, Robbie Smith, Brian Stumpf and Bruce Thielen. Members Absent: None 1. Call to Order and Pledge of Allegiance. Mayor Thielen called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of September 22, 2003 regular Council meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 221, 2003 REGULAR COUNCIL MEETING. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. B. Approve minutes of October 1. 2003 Assessment Workshop. ROBBIE SMITH MOVED TO APPROVE THE MINUTES OF THE OCTOBER 1, 2003 ASSESSMENT WORKSHOP MEETING. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. BRIAN STUMPF MOVED TO ADD AGENDA ITEMS #8, #9 AND #10 TO THE CONSENT AGENDA. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Brian Stumpf requested a discussion of lights at the intersection of CSAH 75, Prairie Road and River Street be added to the agenda. Glen Posusta added a discussion of the stop signs on Walnut Street, construction debris on School Boulevard and an update on the Redi-Mix plant relocation to the agenda. Fred Patch added an item relating to the parking lot development on the old library site. 4. Citizen comments/petitions, requests and complaints. Mayor Thielen explained the purpose of the citizen comment portion of the meeting. There was no one present who spoke under citizens comment. Council Agenda - 10/13/03 5. Consent agenda. A. Consideration of ratifying new hires for the community center, liquor store and building department. Recommendation: Ratify the new hires as identified. B. Consideration of approving temporary liquor license for wine tasting event on Nov. 7, 2003 at the Monticello Community Center. Recommendation: Approve a temporary liquor license for Hi -Way Liquors for November 7, 2003. C. Consideration of one day charitable gambling license for Monticello VFW Post 8731. Recommendation: Approve one day charitable gambling license for Monticello VFW Post 8731. Resolution No. 2003-76. D. Consideration of Change Order No. 2 to the Core Street Reconstruction Project Phase I, Project No. 2002-14C. Recommendation: Approve Change Order No. 2 to the Street Reconstruction Phase I Project No. 2002-14C to Buffalo Bituminous in the amount of $64,525.89. E. Consideration of approving ordinance amendment rezoning a portion of the Sunset Ponds Addition to R-2. Recommendation: Approve ordinance amendment rezoning a portion of Sunset Ponds to R-2. Ordinance Amendment No. 400. F. Item removed from agenda. G. Consideration of allowing property owner opportunity to supply parking at a rate which is 60% of the standard requirement. Recommendation: Move to allow a reduction in the standard parking stall requirement to 60% of the standard, contingent on the developer providing cross easement parking to the public along with the developer paying to the CCD parking fund for the 10 stalls short of the 60% standard. Developer also to obtain signature from adjoining property owner on an application for a planned unit development allowing parking lots to merge from a function and use standpoint. ROBBIE SMITH MOVED TO APPROVE THE CONSENT AGENDA WITH THE ADDITIONS OF AGENDA ITEMS #8, #9 AND #10. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. None. 7. Public Hearing - Consideration of ordinance directing annexation of a Portion of the Featherstone development (Gold Nugget) City Administrator, Rick Wolfsteller summarized the agenda item explaining that under K Council Agenda - 10/13/03 current statutes the City was annexing property in increments of 60 acres. This annexation of 60 acres is the second increment for the Featherstone Development. Mayor Thielen opened the public hearing on the annexation ordinance for the Featherstone development. No one spoke for or against the proposed annexation ordinance. Mayor Thielen closed the public hearing. ROBBIE SMITH MOVED TO ADOPT ORDINANCE NO. 401 ANNEXING A PORTION OF THE FEATHERSTONE DEVELOPMENT SITE. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Consideration of review of bids and award of work for Timber Ridge Storm Sewer Proiect No. 2003-03C. Approved with the consent agenda with the recommendation to award the contract for the Timber Ridge Storm Sewer Project No. 2003-03C to G.L. Contracting, Inc. in the amount of $69,030.92. 9. Consideration of review of bids and award of work for Marvin Road Force Main and Utility Improvements, Project No. 2003-01C. Approved with the consent agenda with the recommendation to award the contract for the Marvin Road Force Main and Utility Improvements Project No. 2003-01 C to R.L. Larson Excavating in the amount of $387,638.25. 10. Consideration of authorization to negotiate with Wright County on discharge of stormwater to County Ditch #33 from the Carlisle Village development. Approved with the consent agenda with the recommendation to authorize the negotiation between City staff and Wright county for the elimination of the lift station for Carlisle Village in lieu of providing funds for a future gravity outlet. 11. Consideration of resolution Petitioning the Minnesota Department of Administration for the Annexation of Certain Portions of Monticello Township to the City of Monticello Pursuant to Minnesota Statutes, Section 414.031. Mayor Thielen explained a workshop was held prior to the regular Council meeting to discuss growth issues and annexation. Representatives from Monticello Township were present at the workshop. The City was considering adoption of a resolution petitioning for annexation of the area shown on the map prepared by the City Engineer. Mayor Thielen noted that the City and Township officials met in a special meeting on August 25, 2003 regarding these issues and possibly a new orderly annexation agreement, merger or other option. The City had requested the township to respond to the City by September 30, 2003 if they had any interest in continuing to discuss these options. The Township responded in October that they did not wish to discuss a merger but would discuss other growth issues. Mayor Thielen expressed his 3 Council Agenda - 10/13/03 wish to discuss a merger but would discuss other growth issues. Mayor Thielen expressed his disappointment at not receiving a response from the township by the deadline. The City Council by this resolution petitioning for annexation is setting up and defining a process for annexation. Brian Stumpf felt the workshop contained good discussion and the City now has direction on what to do as the process moves forward. Bruce Thielen did not feel the City was being overly aggressive in their approach but rather they are planning for growth and development of the City's infrastructure. Chris Hood, the City's legal counsel relating to annexation issues, stated the Council should adopt the resolution contingent upon a correction to the map for a 50' sliver of land referenced by Roger Fink of Woodside Properties and the City Engineer providing a legal description of the area noted on the map. ROBBIE SMITH MOVED TO ADOPT RESOLUTION NO. 2003-77 PETITIONING THE MINNESOTA DEPARTMENT OF ADMINISTRATION FOR ANNEXATION OF CERTAIN PORTIONS OF MONTICELLO TOWNSHIP TO THE CITY OF MONTICELLO PURSUANT TO MINNESOTA STATUTES, SECTION 414.031 CONTINGENT UPON THE ANNEXATION MAP BOUNDARY BEING CORRECTED AND A LEGAL DESCRIPTION BEING PREPARED FOR THE AREA COVERED WITHIN THE BOUNDARY OF THE ANNEXATION MAP. COUNCIL ALSO ADOPTS GUIDING PRINCIPALS RELATING TO TREATMENT OF AREA IN THE TOWNSHIP PROPOSED FOR ANNEXATION TO THE CITY. BRIAN STUMPF SECONDED THE MOTION. In further discussion, Roger Carlson stated that although this process may seem drastic it would not necessarily have negative impact. There are a lot of options that could come out of this. Taking this action will allow the City to focus on the issues rather than the process. Glen Posusta asked about the acres proposed to be annexed. Rick Wolfsteller stated that presently the City of Monticello contains approximately 4,760 acres and the area covered under the proposed resolution is approximately 11,000 acres. If the annexation is approved the City would contain approximately 15,760 acres and the township would have 20,000 acres. Glen Posusta asked how long this process would take and whether the City prepared to absorb this amount of land area and be able to provide service to the area.. Bruce Thielen stated that this was discussed in the workshop and the City is prepared to handle providing services knowing that it may require some additional staffing or outside contractors to handle the work load. Rick Wolfsteller pointed out that the cost of providing these services would be offset by tax revenue generated by the properties serviced. Glen Posusta asked whether this wouldn't encourage leapfrog development. Bruce Thielen said this process would give the City control over where the development takes place. Robbie Smith felt the tax issue should be made known to the residents. The City could establish different tax districts based on services provided. Under this situation, properties not 0 Council Agenda - 10/13/03 receiving services such as sewer and water would be taxed at a different rate. It is possible the township resident would not see a significant change in their tax rate if the annexation takes place. Chris Hood stated that under a contested annexation the time frame could be as little as 4-5 months if the agreement is reached during mediation or 12-15 months if it goes through the trial process. UPON VOTE BEING TAKEN MOTION CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION. Added Items: Street Lights at CSAH 75/Prairie Road/River Street - Brian Stumpf asked about lighting for this intersection. John Simola stated the lights were ordered three weeks ago. Brian Stumpf also asked about the lighting on Mississippi Drive. Rick Wolfsteller indicated that Xcel Energy had been contacted to install the lights but he was not sure whether the installation had been completed. Stop signs on Walnut Street - Glen Posusta stated that he had received a number of comments about the stop signs on Walnut and whether they could be made permanent. It was felt that the stop signs helped curb the speeding. John Simola indicated he would contact the City Engineer to look into whether permanent stop signs were warranted. Glen Posusta felt since the City was going with more diagonal parking, the stop signs provided an extra safety measure. Construction Debris - Glen Posusta asked if something could be done to control the amount of debris flying around as a result of the construction activity along the School Boulevard/TH 25 area. Fred Patch responded that the City is aware of the problem. The City requires the contractors to fence their sites or have enclosed dumpsters. This is a continuing enforcement problem for the City. Redi-Mix Site Update - Glen Posusta questioned the negotiations with the owners of Our Back Yard property for relocation of the redi-mix plant. Rick Wolfsteller stated with the proposed interchange for CSAH 18/I-94 the redi-mix plant would need to relocate. The redi-mix plant was looking at the Our Back Yard site as well as the Chadwick property. There is an option on the Our Back Yard site that run until the end of the year. Glen Posusta questioned these actions going on without the knowledge of the Council. Rick Wolfsteller stated that the original option agreement was set up by a private party. This agreement expired in September and an extension was needed so the City had the option agreement extended. Glen Posusta asked why MnDOT wasn't doing this. Bruce Thielen responded that the City did this to facilitate the project. Rick Wolfsteller stated that before the interchange project moves forward final costs, how much can be assessed and other funding options will have to be determined. At the point that information is known, the City can make a decision to whether or not to proceed. It is hoped that most of the cost of the project can be captured by assessments and state funding. The Our Back Yard site is not in the city limits at the present time. To meet qualifications under the county ordinance for locating a redi-mix plan the site must have a mining operation on site, which the Our Back Yard site does. Parking Lot Installation - Fred Patch submitted a memo relating the parking lot development south 5 Council Agenda - 10/13/03 of the old library site. Under the development agreement Vaughn Properties is to build the parking lot at the request of the City with each party paying one-half of the construction cost. Vaughn Properties responded that they would not act on building the parking lot until issues relating to the Town Centre development had been resolved. Brian Stumpf stated that the Council met with Vaughn Veit relating to these issues and he felt that all the issues had been addressed at that meeting. He questioned why the City was revisiting this issue. Fred Patch stated that Wells Fargo has indicated a willingness to pay for the paving costs of the parking lot if it can go in this year. This offer by Wells Fargo has supplied impetus to proceed with the development of the parking lot. Fred Patch reviewed a sketch for the parking lot that was prepared by Jon Bogart. The Council reviewed the issues raised in the memo and at the special meeting as well as action the City had taken on each issue. 1) Paving the sidewalk ramps at the crosswalk - The city engineer did get price estimates for this work and the Council determined they did not want to spend that amount of money on the paving. 2) Street lights - Only one street light base was to be lowered and Xcel Energy is working on that. 3) Landscape on TH 25 boulevard - The City did agree do some landscaping work and Bruce Thielen did not feel that removing the berm and planting the trees would be out of line. 4) Hi -Way Liquors pylon sign - The City indicated that they would not remove the pylon sign but if Vaughn Properties came up with a proposal for signage the City would look at it. The City felt that the only work that remained to do was the landscaping. City Administrator, Rick Wolfsteller and Fred Patch will draft a response to Vaughn Properties. If Vaughn Properties should determine not to proceed with the parking lot improvement, the City would have to take action. A lack of a timely response from Vaughn Properties could put the offer by Wells Fargo in jeopardy. The Council felt the staff should proceed with the parking lot development and get a cost for the curb and gutter to bring back to the Council at the next meeting. Fred Patch stated that if the City proceeds with the parking lot development, the City moves outside the terms of the contract and the developer could argue that he did not have an opportunity to prepare a cost for the developer to do the installation. Bruce Thielen stated that the construction season is coming to an end and the City couldn't wait on this. Kevin Kawlewski from WSB & Associates said that 136-12 curb is about $12/ft. which would make the estimated cost for curb and gutter $25,000. Robbie Smith asked what the cost would be to the City to make the improvements Vaughn Properties referenced. Bruce Thielen asked if it was out of the question to grade the parking lot site, pave and stripe it and put the curb and gutter in later. Kevin Kawlewski stated it could be done but that it would probably be more costly. Fred Patch asked the Council to allow staff to continue negotiations with Vaughn Properties. Fred Patch will contact them once more and if nothing comes from this, the Council can authorize staff to proceed with the parking lot development. Robbie Smith felt there should be continued discussion with Vaughn Properties but Bruce Thielen felt because the construction season is nearly over with the City could negotiate indefinitely. rel Council Agenda - 10/13/03 ROBBIE SMITH MOVED TO ALLOW STAFF TO CONTINUE NEGOTIATIONS WITH VAUGHN PROPERTIES FOR THE PARKING LOT INSTALLATION AND IF NEGOTIATIONS FAIL, STAFF WILL PROCEED WITH THE PARKING LOT INSTALLATION. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Annrove navment of bills for October. GLEN POSUSTA MOVED TO APPROVE PAYMENT OF BILLS FOR OCTOBER. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Adjourn GLEN POSUSTA MOVED TO ADJOURN AT 8 P.M. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. c J Recording Secretary %I