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City Council Minutes 02-10-2003MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, February 10, 2003 - 7 p.m. Members Present: Roger Carlson, Glen Posusta, 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. Bruce Thielen welcomed the 9" grade students who were in attendance at the meeting. 2.A Annrove minutes of January 27, 2003 regular Council meeting. ROGER CARLSON MOVED TO APPROVE THE MINUTES OF THE JANUARY 27, 2003 REGULAR COUNCIL MEETING. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. B. Approve minutes of January 27, 2003 special Council meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE JANUARY 27, 2003 SPECIAL COUNCIL MEETING GOAL SETTING WORKSHOP. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Glen Posusta asked that an update on the library, utility fee increase and the recent Planning Commission meeting be added to the agenda. Bruce Thielen asked that liquor legislation and parking on Locust Street also be added to the agenda. 4. Citizen comments/petitions, requests and complaints. None. 5. Consent agenda A. Consideration of ratifying new hires as identified. Recommendation: Ratify new hires for the Community Center as identified. B. Consideration of waiving statutory liability limits for City insurance renewals. Recommendation: Council indicate formally that the City of Monticello does not 1 Council Minutes - 2/10/03 waive the monetary limits on tort liability established by Minnesota Statute 466.04. C. Consideration of a conditional use permit to allow a cell tower in an I-1 A district. Applicant: Sprint PCS and Fulfillment Systems. Recommendation: Approve the conditional use permit to allow a cell tower in an I-1 A district based on the findings that the proposed use complies with the zoning ordinance requirements for such facilities and subject to the conditions listed in Zoning Code Section 3-12 and installation of a landscape screening buffer on three sides of the equipment enclosure fence to achieve at least 50% opacity D. Consideration of a request for development stage planned unit development approval allowing expansion of the Monticello -Big Lake Hospital. Applicant: Monticello -Big Lake Hospital District. Recommendation: Approve development stage PUD for the Monticello -Big Lake Hospital based on a finding that the proposal is consistent with the Hospital Campus Concept PUD and authorizing the Public Works Department to post truck route signs limiting truck traffic on River Street. E. Consideration of approving the date for the annual Board of Review. Recommendation: Approve Tuesday, April 22, 2003 at 7 p.m. as the date for the 2003 Board of Review. GLEN POSUSTA MOVED TO APPROVE THE CONSENT AGENDA. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. None. 7. Consideration of appointment to fill council vacancy. Mayor Thielen summarized the procedures the Council followed to fill the open position on the Council. The vacancy was advertised and nine individuals submitted their applications. The applications were then ranked and the top three candidates, Todd Banek, Tom Perrault and Robbie Smith were interviewed by the Council at a special meeting held on February 10, 2003 at 5 p.m. Brian Stumpf stated that after conducting the interviews he believed Robbie Smith to be the best qualified to fill the vacancy. Roger Carlson felt that since the vacant position has only two years remaining on that term whoever was appointed would not have a lot of time to gradually learn the position so he felt the candidate appointed should have a good background and understanding of city procedures. He felt that Robbie Smith with serving on the Planning Commission as well as Parks Commission had the background needed . Glen Posusta felt that as the third highest vote getter in the last election, Tom Perrault should be appointed to the Council vacancy. In that way the residents would be making the decision not the Council. Glen Posusta asked if Robbie Smith was appointed to 2 (r Council Minutes - 2/10/03 the Council how the vacancy on the Planning Commission be filled. Mayor Thielen indicated the Planning Commission vacancy would be advertised, the Planning Commission would interview the applicants and make a recommendation to the City Council who would then make the appointment. Mayor Thielen concurred with Councilmembers Carlson and Stumpf that Robbie Smith had good qualifications and had experience with working with many of the issues the Council faces such as development pressure and annexation. Glen Posusta questioned since the Planning Commission is such a key board and does so much of the ground work on major issues whether it wouldn't be more beneficial to have Robbie Smith remain there rather than bring someone new and inexperienced onto the Planning Commission. Mayor Thielen noted that the Council was looking for someone with experience to fill the vacancy. Glen Posusta asked if Robbie Smith was appointed to the Council whether Tom Perrault would be considered for the Planning Commission vacancy that would result. Mayor Thielen indicated that any of the applicants who applied for the Council vacancy are welcome to apply for the Planning Commission vacancy but the Planning Commission would make the selection of the candidate they felt was best suited for the position. Glen Posusta expressed his concern about the perception of maintaining the good old boy network and felt that the appointment of Robbie Smith might add to that perception. Mayor Thielen stated that the selection process followed by the Council was appropriate since it allowed the Council to select the best qualified individual to fill the position. ROGER CARLSON MOVED TO APPOINT ROBBIE SMITH TO FILL THE VACANT TWO YEAR TERM ON THE COUNCIL. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION. At this time City Administrator, Rick Wolfsteller administered the oath of office to Robbie Smith who then took his seat on the Council. 8. Consideration of authorizing Phase I feasibility study for core street reconstruction program and the overall study for the street reconstruction project. City Engineer, Bret Weiss, presented preliminary information on the Street Reconstruction Program which the City is planning to implement. City streets were inventoried based on type of reconstruction needed 1) Milling and overlay 2) Reconstruction of streets that have existing curb and Class V base; 3) Reconstruction of streets with existing curb but no Class V base; 4) Reconstruction of streets that have the Class V base but no curb; 5) Reconstruction of the street adding Class 5 and curb and 6) New construction. Mayor Thielen asked about the miles of street involved. Bret Weiss indicated that total miles of streets in Monticello including county roads and state highways was approximately 51 miles. City streets alone is approximately 35 miles and the reconstruction program would involve approximately 10-15 miles of city streets. Bret Weiss discussed the types of construction methods that would be looked at. He noted that Council Minutes - 2/10/03 the core streets were constructed as full depth bituminous streets meaning that 5"-6" of bituminous was placed over the existing soils instead of placing the bituminous over a 6" base of Class V. The traditional method of construction would remove the pavement which would then be hauled away and Class V would be hauled in for the base with bituminous pavement laid over the base. He noted that because of the cost this method was not used as much. Another method would be full depth milling in which machines grind the existing pavement and the ground up material is hauled out. Where necessary Class V would be hauled in otherwise the existing aggregate could be used. The third method is pavement reclamation. The pavement is ground down to the aggregate base. The ground material is then used as the base and pavement is laid over that base. Bret Weiss stated that further study would be done on the various construction methods. Bret Weiss then presented preliminary cost information and discussed what components were covered by the figures. The cost figures include the pavement reclamation, adjusting manhole castings, construction of new curb on streets without curb, replacement of existing curb, restoration and replacement of gate valve boxes. Bret Weiss stated that if the curb was in good condition about 10% would have to be replaced; if it was in fair condition then 40% would be replaced and if it was in poor condition then 70% would be replaced. Not included in the cost figures presented was the cost for replacement of existing utilities, restoring sidewalks and driveways and installing traffic calming measures such as bump outs. The preliminary cost estimate is $11,430,800. Of this $2,663,000 is state aid streets and $8,767,000 is local streets. He noted that this does not include the Fallon Avenue overpass or any other improvements that would use state aid funds. Since a portion of the reconstruction cost would be assessed, some preliminary information on the assessment area was presented. It is likely the commercial property would be assessed on a front footage basis and there is approximately 29,532 lineal feet that could be assessed. Residential property would most likely be assessed on a unit basis and 1,164 residential units are estimated to be in the project area. Of the estimated $11,500,000 project cost, approximately $5,830,000 would be assessed. The balance would be funded by use of state aid funds and the city's street reconstruction fund. Bret Weiss stated that there is additional work that will be done as part of this overall program which includes a rate study, water study, pavement management plan and storm water utility fund.The Council questioned the City Engineer on how they determined the priorities for the area. John Simola indicated that they looked at a number of different factors, including age of the street, stress such as cracks, raveling and delamination. There was some discussion on various streets and the condition of them. Bret Weiss stated that staff and Council will make the final determination on what area will be covered in each phase of the reconstruction program. Glen Posusta asked about CSAH 75 project. He did not feel the City should begin tearing up other streets until the CSAH 75 project was completed. Bret Weiss stated that the CSAR 75 11 Council Minutes -2/10/03 would be close to completion before the street reconstruction project started. ROGER CARLSON MOVED TO AUTHORIZE THE CITY ENGINEER TO PREPARE A FEASIBILITY STUDY FOR PHASE I OF THE CORE STREET RECONSTRUCTION PROGRAM AND THE OVERALL STREET RECONSTRUCTION PROGRAM AND TO AUTHORIZE SOIL BORINGS, IF NECESSARY. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION. Added Items• Parking - Landmark Square Building - The Council had received a letter from a resident on Locust Street who was concerned about the parking in the area since the establishment of the restaurant at the Landmark Square Building. Jeff O'Neill reviewed the parking requirements. Based on code requirements 130 parking spaces would have been needed. If the 60% rule was followed 79 parking spaces would be needed. The City went with the 60% rule but the developer could only provide 60 of the 79 stalls. The development financially would not have occurred if they would have been required to comply with the parking stall requirement. Mayor Thielen asked about the resident's request for no parking signs by their driveway or striping the curb. Public Works Director, John Simola said the same case could be made by other residents in the area. There was some reluctance to remove additional parking spaces when there was already a shortage of them. John Simola felt that they could stripe the curb 5'-8' on either side of the driveway. Mayor Thielen asked John Simola and Jeff O'Neill to work with resident on this matter and report back to the Council Library Update - City Attorney, Matt Brokl reported that the purchase agreements had been delivered to the City and signed by the Mayor and City Administrator and closing on the property should take place within the next 60-90 days. A separate lease agreement that would allow the library to move to the new site before closing has been sent to Wells Fargo and is being reviewed by their representatives. It is hoped that the lease agreement could be approved within a week. Once that is done, the City can look at remodeling work to be done and start preparation of the site for its use as a library. Planning Commission Meeting - Glen Posusta commented on the February Planning Commission meeting referencing the Maplewood Development agenda item. After working with the developer for two years on the project, city staff recommended denial and Glen Posusta felt this was an example of why the perception exists that the City is hard to work with. Robbie Smith stated that the Planning Commission had some concerns with the row townhomes but they had approved it. Bret Weiss pointed out that although the project was initiated some time ago, the submittal that was sent to the Planning Commission just came about in the last month or so. The developer was told that there were concerns about the design but the developer chose to present it anyway. Bret Weiss felt it was made clear to the developer that there were design issues. 5 r,. Council Minutes - 2/10/03 Liquor Store Legislation - City Administrator, Rick Wolfsteller, updated the Council on legislation introduce by Mark Ourada that would eliminate the city's exclusive right to operate liquor stores. He noted the city relies heavily on the revenue generated by the liquor store. He suggested that the Council might want to make their opposition to the proposed legislation known to Senator Ourada. Glen Posusta felt that competition was good and the City should not have a cart blanche monopoly in an area like this. He felt if the City had a good operation it should be able to compete with others. BRIAN STUMPF MOVED TO DIRECT STAFF TO WRITE A LETTER TO SENATOR OURADA VOICING THE CITY'S OPPOSITION TO THE LEGISLATION BEING PROPOSED. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION. Utility Fee Increase - The Council discussed the 4% penalty and the $50 administrative fee that is added to delinquent utility bills and whether this should be increased. BRIAN STUMPF MOVED TO HAVE THE STAFF DO FURTHER STUDY ON THE MATTER AND TO BRING IT BACK AT A FUTURE COUNCIL MEETING. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Rick Wolfsteller noted that if it was determined to change the amount the penalty that could be done as an amendment to the ordinance. 9. Approve pavment of bills for Februarv. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS FOR FEBRUARY. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Adjourn GLEN POSUSTA MOVED TO ADJOURN AT 8:45 P.M. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. -- A,-AZ75 Recording Secretary 0