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City Council Minutes 01-26-2004City Council Minutes - 1/26/04 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, January 26, 2004 - 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. Mayor Thielen acknowledged the presence of the 9th grade students attending the meeting 2. Approve minutes of the January 12, 2004 regular Council meeting. ROBBIE SMITH MOVED TO APPROVE THE MINUTES OF THE JANUARY 12, 2004 REGULAR COUNCIL MEETING. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Roger Carlson requested that agenda item #10 be moved to the consent agenda as item #5F. Bruce Thielen added discussion of traffic at Mississippi Park to the agenda. 4. Citizen comments/petitions, requests and complaints. Mayor Thielen explained this portion of the meeting. Aaron Cook from 1001 Innsbrook Court came before the Council concerning a statement he received for mowing done on his property. He was directed to address the Council at the public hearing portion of the meeting. 5. Consent Agenda A. Consideration of ratifying new hires for the MCC, Parks and Liquor Store. Recommendation: Ratify new hires as identified. B. Consideration of approving final payment to Buffalo Bituminous for the Prairie Road Street Realignment, Project No. 2002-1OC. Recommendation: Approve final payment in the amount of $4,566.93 to Buffalo Bituminous, Inc. for the Prairie Road/River Street Realignment Project, City Project No. 2002 -IOC subject to receipt of the final paperwork. The City should also process a payment request to Wright County as per the Cooperative Agreement. C. Consideration of adopting additional fees and charges related to new construction. Recommendation: Add new development fees to the City Fee Schedule with said fees to be charged at time of building permit issuance as follows: Assessment Fee: Bldg. Valuation $499,999 or less $25.00 City Council Minutes - 1/26/04 Bldg. Valuation $500,000 or more $100.00 Utility Locate Fee: Residential $35.00 Commercial/Industrial $50.00 Residential Contractor License Check Fee: $25.00 D. Review of additional quotes for special benefit analysis for I-94/CSAH 18 Interchange and authorize special benefit analysis study. Recommendation: Move to authorize completion of a special benefit analysis of the future I-94/CSAH 18 Interchange as proposed by Patchin Messner and Dodd in the amount of $24,000 to $28,000. E. Consideration of authorizing an update to the City's Comprehensive Storm Water Management Plan. Recommendation: Move to authorize completion of the study by WSB as proposed with funding derived from the trunk storm sewer fees. Motion to include an increase of 5% to the storm sewer trunk fee to fund the planning project. Brian Stumpf asked that item #5E be removed for discussion and Glen Posusta requested that item #5C be removed for discussion. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE ADDITION OF AGENDA ITEM #10 AS ITEM #5F AND THE REMOVAL OF ITEMS #5C AND #5E FOR DISCUSSION. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed form the consent agenda for discussion. 5C: Glen Posusta wanted more explanation on the actual cost to the City for utility locates provided by Gopher State One Call. Public Works Director, John Simola replied that on new construction the City may be called out as often as 25 times for utilities locate. Each time a locate is requested, Gopher State One Call charges the City $1.15 even if the City has no utilities in the area that need to be located. The City is proposing a one time charge of $35.00 on residential construction to offset some of the cost the City incurs for utility locates. John Simola stated that in response to a utility locate request, Public Works staff researches to see what utilities are in the area, checks for utility ties and then makes the trip to the site and does the actual physical locating and marking of the City's utilities. He added that some of the more complex locates may take up to an hour of staff time. Gopher State requires that the City responds to all locate requests by either physically locating the utility or by an NLR (No Locate Required) and they bill all calls even the NLR's. Glen Posusta stated his concern is that it is another added cost to the homeowner. He questioned whether this couldn't be covered as part of other fees such as SAC and WAC or the building fees collected. Building Official, Fred Patch responded that building fees cover inspection activities only. Bruce Thielen stated that a number of years ago the City had done an analysis of the fees the City charged and how they compared to fees charged by other communities. That study showed the City was in line with other communities on the amount charged. John Simola pointed out that proposed fee of $35.00 was a one time fee that would be collected with the 2 City Council Minutes - 1/26/04 building permit and would help the City defray a portion of the cost charged to the City for utility locates. ROBBIE SMITH MOVED TO ADD NEW DEVELOPMENT RELATED FEES, LISTED BELOW, TO THE CITY FEE SCHEDULE WITH THE FEES TO BE CHARGED AT THE TIME OF BUILDING PERMIT ISSUANCE: Assessment Fee: Building Valuation of $499,999.00 or less $25.00 $500,000.00 or more $100.00 Utility Locate Fee: Residential $35.00 Commercial/Industrial $50.00 Residential Contractor License Check Fee: $25.00 BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH SMITH, STUMPF AND THIELEN VOTING IN FAVOR THEREOF AND POSUSTA AND CARLSON VOTING IN OPPOSITION. In voting against the fees, Roger Carlson stated that the amount of fee being proposed was small and he felt the City should try to get by without charging it. 5E: Brian Stumpf asked about a stormwater management study authorized by the City in 1999. Bret Weiss, City Engineer, responded that the study had never been completed. They had done the computer work and analysis but had not formulated the policies and goals. In addition it is proposed that the study area include the area being considered for annexation so this study would be more extensive in scope. The study would also look at the downtown area as this is the site of redevelopment activities. Bret Weiss indicated that the approximately $20,000 had been expended on the 1999 study. Brian Stumpf asked how the storm water in the downtown area was currently being handled. Bret Weiss replied that the existing storm sewer system is designed for a five year rain event. The study will try to address the issue of capacity of the system and water quality. Brian Stumpf asked about capacity of the system. Bret Weiss indicated that the five year event could be handled by the piping system in place, in a greater rainfall event the storm water would run off over land as well as through the storm water pipes. To handle this type of event, it is important that ponding area be put in place. Brian Stumpf asked if this would require tearing up the streets and Bret Weiss indicated it would not. Bruce Thielen stated that one reason for the study is so that the City could avoid the situation that St. Michael/Albertville found themselves in last year when they received heavy rainfalls in a short period of time. These communities suffered flooding because their storm water management system was not set up to handle the rainfall. Bret Weiss noted that even though Monticello had received heavy rainfall amounts as well there were no major area of flooding. The system the City has in place thus far functioned well. Brian Stumpf questioned whether the study would include the proposed annexation area. Bret Weiss indicated that it would. He stated that the City is now at the point where run off water from new developments is leaving the City rather than being directed to the river. It is important for the City to know how this impacts areas outside the City limits. Bret Weiss emphasized the City Council Minutes - 1/26/04 need to look at establishing ponding areas. Established qualified storm water detention areas can be used as wetland mitigation sites which is another reason for the study. Glen Posusta felt including the proposed annexation area was premature since it is unknown what portion of that area, if any, would actually be coming into the City. Bret Weiss responded that even if the City continues annexation at 60 acres at a time, the run off will most likely be directed through the proposed annexation area and the City needs to look at those impacts. Bret Weiss indicated that it would take approximately a year to complete the study and noted that if the City waits until a determination has been made on the annexation, the developers will be set back in their plans until such time as the study is done. Brian Stumpf questioned the range of the fee $40,000 to $58,000. Bret Weiss indicated that at this point it is unknown how much survey work needs to be done. Once they get into the study they will have a better understanding of how much survey work will need to be done. Bret Weiss stated that the old plan could be completed but it would not help the City in addressing the runoff issues in the area outside the City limits. Jeff O'Neill added that the funding for the study would be coming from an increase in storm water trunk fees paid by the developer and he felt the developers would want this information available before they start their development plans. Brian Stumpf expressed his belief that the project should be scaled back in scope. Bruce Thielen stated that the Storm Water Management Plan would be a tool for the long term. Glen Posusta said since the City is proposing to expend $40,000-$60,000 on the study he felt it would be a good idea to get other quotes for the study. Bruce Thielen stated the City is not required to obtain quotes for services and he felt comfortable with having WSB do the work for the study. Bret Weiss indicated that the study could be scaled back but the developers or somebody would still have to study the area outside the City limits. Jeff O'Neill noted that the City has already received sketch plans for development of 800 acres which lies outside the City limits and felt that the impending development underscored the need to have this study in place. ROGER CARLSON MOVED TO AUTHORIZE COMPLETION OF THE STORM WATER MANAGEMENT STUDY BY WSB AS PROPOSED WITH FUNDING TO BE DERIVED FROM THE TRUNK STORM SEWER FEES AND TO INCREASE THE STORM SEWER TRUNK FEES BY 5% TO FUND THE PLANNING PROJECT. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED WITH CARLSON, SMITH AND THIELEN VOTING IN FAVOR THEREOF AND POSUSTA AND STUMPF VOTING IN OPPOSITION. 7. Public hearing on proposed ordinance changing the name of Oakwood Avenue to Edmonson Avenue between Chelsea Road and School Boulevard. The purpose of the public hearing was to consider an ordinance changing the name of Oakwood Avenue to Edmonson Avenue for that portion of Oakwood Avenue lying between Chelsea Road and School Boulevard. Glen Posusta indicated that he had received a call from one of the property owners in the area relating to the name change and since they were unable to be present at the meeting they requested that the Council table action on this item. City Administrator, Rick Wolfsteller stated that he had also been contacted by the property owner who is in the process of selling his property and while he was not adverse to the name change he was wondering if the City could delay the effective date of the change, preferably after April 1 st 4 City Council Minutes - 1/26/04 Mayor Thielen opened the public hearing on the proposed street name change. There was no one present who spoke for or against the proposed change. Mayor Thielen then closed the public hearing. BRIAN STUMPF MOVED TO APPROVE THE ORDINANCE CHANGING THE NAME OF OAKWOOD DRIVE TO EDMONSON AVENUE FOR THE ROAD SEGMENT EXTENDING FROM CHELSEA ROAD TO SCHOOL BOULEVARD EFFECTIVE MAY 1, 2004. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Public Hearing - Consideration of a resolution adopting proposed assessment roll for delinquent utility bills and certification of assessment to County Auditor. The public hearing is part of the assessment procedure for delinquent utility bills that will be certified to the County Auditor for collection with the taxes. Mayor Thielen opened the public hearing. Aaron Cook, 1001 Innsbrook Court, came before the Council concerning a statement he had received from mowing done on his property. He said City staff had directed him to come before the Council. Mayor Thielen noted that his statement did not relate to the assessment for delinquent utilities and directed City staff to meet with Mr. Cook on his statement for mowing charges. There was no one else present who spoke for or against the proposed assessments for delinquent utility accounts. Mayor Thielen closed the public hearing. BRIAN STUMPF MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE DELINQUENT UTILITY CHARGES AS PRESENTED. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of adopting resolution for negative EAW - Methodist Church/Sunny Fresh Foods. Jeff O'Neill summarized the EAW process that Sunny Fresh initiated for the proposed demolition or relocation of the original Methodist Church building. The EAW has been prepared and the Council needs to make a declaration of negative impact that an EIS is not needed. This would allow for the relocation of the church building. The Monticello Arts Council has expressed an interest in possibly using the building. The City staff is requesting that the funds be expended to study the feasibility of relocating the Methodist Church building to the west end of the Community Center site. It is proposed that Sunny Fresh would fund $3,000 of the study cost with the City to fund the remaining $2,000. The study is necessary to determine whether the building has structural integrity that would allow it to be moved and reused for other purposes. Don Roberts from Sunny Fresh addressed the Council informing them that Sunny Fresh has owned the church building for the last five years and has worked with community leaders on efforts to preserve the building. The location of the building on their site is not useful for Sunny Fresh and they see some potential hazard in the building remaining on the site. Sunny Fresh is willing to work with the Monticello Arts Council in an effort to preserve the building. However, he would like some finality on this effort and suggested a 30 day time frame for making a determination if the building can be relocated. City Council Minutes - 1/26/04 The proposed study would cover only the original portion of the church building that was constructed in the 1850's. The study would cover whether the building is structurally sound and could relocated and used for other purposes as well as other issues relating to the site. Jim Fleming felt the proposal would have economic implications for Sunny Fresh as the value of the building as a charitable donation would have a tax benefit. Glen Posusta questioned why the City required a study on this. He felt that the building movers could ascertain whether the building was structurally sound enough to be moved. He also felt the City's building official could make a determination on whether the building was structurally sound. Fred Patch responded that because of the age of the structure there were other issues to consider as well such as lead paint, asbestos, etc. These concerns are of a technical nature and he didn't feel he had sufficient expertise to address these issues. ROBBIE SMITH MOVED TO AUTHORIZE STAFF TO CONTINUE TO EXPLORE THE POSSIBILITY OF RELOCATION OF THE CHURCH BUILDING AND TO AUTHORIZE FUNDING A SHARE OF THE COST, ESTIMATED AT $2,000, TO ANALYZE THE STRUCTURAL INTEGRITY OF THE BUILDING. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION. Brian Stumpf thanked Sunny Fresh/Cargill for their participation in this project. Bret Weiss added that the City of Lakeville recently won an award for converting a church into a theater and he provided the name of a contact person to Sunny Fresh/Monticello Arts Council. 10. Consideration of recommendation of Personnel Committee on hiring additional Operator/Mechanic for Public Works Department. Included in the consent agenda as item #5F. The recommendation of the Personnel Committee is to wait with hiring for the position until July. 11. Review of Technical memorandum on Street Reconstruction Program for 2004/future years. City Engineer, Bret Weiss reviewed the contents of the Technical Memorandum on the Overall Street Reconstruction Program. Areas in need of improvement were identified and were prioritized. Seven areas were identified, including the portion that was constructed in 2003. Bret Weiss briefly covered each of the areas. The area proposed for construction in 2004 covered a number of areas; 1) The Country Club Manor area which would be street reconstruction with utility repairs; 2) The older portion of the Meadow Oaks area. This would consist of street reconstruction and two utility improvements; a trunk watermain extending across I-94 to the Sunset Ponds development and an upgrade of the Meadow Oaks lift station. Bret Weiss explained the criteria used in coming up with priorities which included average PCI (Paving Condition Index) and construction of other needed improvements in the area, such as trunk sewer, water and storm sewer lines. City Council Minutes - 1/26/04 Glen Posusta questioned how the engineer could proposed doing areas first where the PCI for the streets was higher than other areas. He felt the areas with the lowest PCI for the streets should be done first. Bret Weiss stated that the PCI was not the only factor that was considered in determining which areas should be improved first. He noted that in some areas infrastructure needs would have to be constructed as well as street improvements He cited River Street where the City needs to replace a trunk sanitary sewer line as an example. Bret Weiss stated that the City's Public Works Department made the physical inspections of the streets and supplied that data for the study. John Simola felt the plan was flexible enough so it could be adjusted as needed based on funding needs. Glen Posusta reiterated his disbelief that the City would make improvements first to streets that higher PCI's than other streets. He felt the streets with the lowest PCI should be improved first. Bret Weiss and John Simola reviewed the various criteria they used in each area to determine when it should be improved. ROBBIE SMITH MOVED TO AUTHORIZE BEGINNING THE FIELD WORK FOR AREA #2 FOR THE 2004 CONSTRUCTION SEASON AND BASED UPON RECOMMENDATIONS FROM THE COUNCIL COMPLETE THE FINAL TECHNICAL MEMORANDUM FOR THE OVERALL STREET RECONSTRUCTION PROGRAM AND PRESENT IT TO THE COUNCIL AT THEIR FEBRUARY 9, 2004 MEETING. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION. Robbie Smith and Roger Carlson both indicated that based on the expertise of the Public Works Department in knowing the conditions of the streets, they felt comfortable with the recommendations in the memorandum. Added Item: Mayor Thielen asked that the Parks Commission look at the park on Mississippi Drive which is adjacent to the feeding site for the trumpeter swans. The request comes because of concerns about traffic generated by people coming to view the swans and how that impacts the residents in the area. The Parks Commission should look at options to improve the current location or alternative sites that could be utilized for viewing. He would like the Parks Commission to look at the situation and make a recommendation to the Council. Mayor Thielen also felt that neighborhood residents should be involved and given the opportunity to provide input. Robbie Smith asked if there were alternative sites handle the volume of traffic. The Council would like this considered by the Parks Commission at their next meeting. Glen Posusta stated he had received some comments about the Council meeting not being re - broadcasted. Fred Patch stated that the tapes the City had received were bad. They have been replaced and it is hoped that will take care of the problem. 12. Approve payment of bills for January. GLEN POSUSTA MOVED TO APPROVE PAYMENT OF THE BILLS. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. City Council Minutes - 1/26/04 13. Adjourn. BRIAN STUMPF MOVED TO ADJOURN AT 8:40 P.M. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary