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City Council Minutes 04-26-2004MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, April 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 Pled e of Allegiance was said. g 2A. Approve minutes of the April 12.2004 regular Council meeting. ROBBIE SMITH MOVED TO APPROVE THE MINUTES OF THE APRIL 12, 2004 REGULAR COUNCIL MEETING. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. B. Approve minutes of the April 12, 2004 Workshop meeting. ROGER CARLSON MOVED TO APPROVE THE MINUTES OF THE APRIL 12, 2004 WORKSHOP MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. C. Approve minutes of the April 13, 2004 Board of Review BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE APRIL 13, 2004 BOARD OF REVIEW. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED WITH ROBBIE SMITH ABSTAINING. 3. Consideration of adding items to the agenda. Bruce Thielen added a letter from Home Depot to the agenda. Brian Stumpf added an update on the clean up behind the Groveland 4t' development. Glen Posusta added a discussion on the Mielke property and related litigation. 4. Citizen comments /petitions, requests and complaints. Mayor Thielen explained the purpose of the citizen comment portion of the meeting. No one spoke under citizen comment. 5. Consent agenda A. Consideration of ratifying new hires and terminations for the MCC and City Hall. Recommendation. Ratify the hires and departures as identified. Council Agenda - 4/26/04 B. Consideration of approving proposed settlement agreement on Douglas Franks assessment appeal. Recommendation: Approve the settlement agreement as presented. C. Consideration of liquor license renewals for the year 2004. Recommendation: Approve the following licenses effective July 1, 2004 through June 30, 2005: Intoxicating Liquor, On -Sale (fee $3,750) 1. Monticello Liquor, Inc. 2. Silver Fox (Chin Yuen) 3. Duane Lindenfelser dba River City Lanes 4. Comfort Inn/Days Inn 5. J.P.s Annex 6. Hawks Sports Bar 7. Monticello Country Club Intoxicating Liquor, On -Sale, Sunday (fee $200 - set by statute) I . Monticello Liquor, Inc. 2. Silver Fox 3. River City Lanes 4. VFW Club 5. American Legion Club 6. J.P.'s Annex 7. Hawks Sports Bar 8. Comfort Inn/Days Inn 9. Monticello Country Club Non -Intoxicating Malt, On -Sale (fee $275) 1. Monticello Men's Softball Assn. (April -Aug. $137.50) Council approved 3/8/04. 2. Lions - Riverfest Celebration (Council approved 3/22/04) 3. China Buffet 4. Pizza Factory Non -Intoxicating Malt, Off -Sale (fee $75) 1. Monticello Liquor, Inc. 2. Maus Foods 3. River Terrace 4. Tom Thumb 5. Holiday Station 6. Super America 7. Cruiser's Gas N Goods 8. Cub Foods 9. O' Ryan's Conoco Set -Up License (fee $275) None Club License (fee - set by statute based on membership I. VFW - $500 2. American Legion - $500 Wine/Strong Beer Combination License ($1,200) 1. Crostini's Grille D. Consideration of adopting fiscal policies and procedures - Audit Report. Recommendation: Adopt the fiscal policies and procedures manual as presented. E. Consideration to review Greater Monticello Enterprise Fund (GMEF) Loan No. 023 for compliance with the EDA-GMEF Business Subsidy Criteria. Applicant: WSI Council Agenda - 4/26/04 Industries, Inc. Recommendation: Motion stating that the City Council has determined the EDA approval of GMEF Loan No.023 for WSI Industries, Inc. was approved without violation of the EDA-GMEF Business Subsidy Criteria; therefore, Council supports the decision by the EDA for loan approval. Glen Posusta requested that item #5A be removed from the consent agenda. ROBBIE SMITH MOVED TO APPROVE THE CONSENT AGENDA WITH ITEM #5A REMOVED. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. Item #SA - Ratifying hires and departures. Glen Posusta stated his question was on the termination of an employee. Rick Wolfsteller indicated that generally personnel issues are discussed in a closed meeting and City Attorney Matt Brokl confirmed that. Glen Posusta asked if the affected party was present and if they wanted the issue addressed in an open meeting. Becky Young stated she would prefer the discussion take place in an open meeting. Glen Posusta asked why the employee was terminated. He indicated that his understanding was that the employee was making copies for personal use. He noted that the Council set aside a similar situation a year ago relating to employee's private use of a cell phone furnished to them by the City and he also cited an instance of use of public works equipment by an employee. Glen Posusta stated he felt this employee was terminated because of the activities of her spouse with the anti -annexation group. Glen Posusta stated that by the City's action on the cell phone and equipment use incidents, the City had given a carte blanc for employees use of city equipment. To act now by a terminating an employee for this type of violation would invite a lawsuit. Rick Wolfsteller stated that it is the recommendation of staff that Council terminate the employee.. Rick Wolfsteller stated there were a number of instances where the employee utilized the city's computer and copiers for personal use. He noted that this occurred a number of times and there were a number of copies that were made for personal use. He noted that the personnel policy clearly states that unauthorized use of city equipment is not allowed. Glen Posusta reiterated his statement that the Council's previous action set a precedent. ROBBIE SMITH MOVED TO APPROVE THE HIRES AND DEPARTURES FOR THE MCC AND CITY HALL. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION. 7. Public hearing proposed reconstruction of Prairie Road, Project No. 2003-20C. City Engineer, Bret Weiss, indicated that an informational meeting was held on April 21, 2004 with residents along Prairie Road and some of the comments of residents at that meeting were 3 Council Agenda - 4/26/04 included with the agenda. The residents comments related to the Timber Ridge development and whether Prairie Road should be designed as an urban or rural section roadway. There were also concerns about pedestrian safety, questions relating to assessments and the share of the cost the developer was picking up. Bret Weiss indicated that the project was looked at because of residents concerns about pedestrian safety and traffic issues and the townhome development for Timber Ridge The feasibility report covered these issues. Bret Weiss noted a petition had been submitted requesting construction of a rural roadway rather than an urban design but that he was recommending that the road be constructed to an urban design. Shibani Bisson made the presentation on the proposed reconstruction of Prairie Road. The project was initiated by the proposed Timber Ridge development but Prairie Road was scheduled for reconstruction under the Core Street Reconstruction Program for 2008 so it was included at this time. The road is currently 24' and it is proposed to be expanded to 32' with curb and gutter being installed.. Sidewalk on both sides of the street is being proposed and parking will be restricted to one side of the street. Currently drainage is directed through two ponds to the ditch on CSAH 75. Part of the storm water improvements for Timber Ridge 3rd Addition would have ponding within the development to accommodate drainage. Sanitary sewer and watermain will be extended to serve the Timber Ridge 3rd Addition development. There is a 12" watermain that terminates on Marvin Elwood Road and a 10" sanitary sewer line. Sidewalk would be extended to where the 8' bituminous trail runs along CSAH 75. The estimated project cost is $762,530 with an additional $16,000-$64,000 in costs for the railroad crossing. Funding for the project will be through development fees, assessments to the benefitting properties and city funds. The developer will be responsible for 100% of the sanitary sewer and watermain extension and for the street in front of the development. There are 16 lots with driveway access onto Prairie Road and 3 lots that have secondary access onto Prairie Road. The street reconstruction assessment would be $2,555 per lot with an additional assessment for the curb and gutter and sidewalk improvements. Shibani Bisson presented four assessment options: Option #1 took the total assessable cost minus the developers assessment and the assessments to city lots and spreading the remaining cost over the 16 lots that have driveway access to Prairie Road. Under this option the estimated cost per lot is $7,266. Option #2 would spread the assessable cost equally over the 16 lots that have access from Prairie Road. The cost under this option was estimated at $5,087 per foot. Option #3 adds the three corner lots that have secondary access from Prairie Road. The proposed assessment would be based on front footage. The corner lots would receive an assessment of $6,581 per lots and the other 16 lots would be assessed $5,087. Option #4 was based on actual frontage for all properties including the corner lots and the estimated cost range under this option was $4,763 to $7,227. M Council Agenda - 4/26/04 Brian Stumpf asked about the range of $16,000 to $64,000 for the railroad crossing. It was noted the range was set up depending on what would be required by the railroad. The cost of the railroad crossing would be picked up by the City. Bret Weiss pointed out that the City's policy has been that if property had one driveway access they received one assessment. If they had more than one access they could be assessed for all streets they had driveways on. Glen Posusta asked what was driving the improvement project. Bret Weiss responded that the Timber Ridge development was driving it but it made sense to do the entire road at this time rather than just a portion of the road now and the balance as part of the 2008 segment of the Street Reconstruction Program. Bret Weiss noted that there were property owners who spoke about pedestrian safety and additional traffic volumes but noted it is difficult to put sidewalk in on rural section roadway. Bret Weiss stated that option # 3 was what he was recommending to the Council. Bret Weiss reiterated that the $2,555 was for the street only and any new improvements such as curb and gutter and sidewalk would be in addition to the street. Glen Posusta questioned if the residents on West River Street and Hillcrest could expect the same kind of costs. Bret Weiss stated that it has been the City's policy to assess for new improvements so if curb and gutter or sidewalk was installed on River Street, the property owners would be assessed this cost. Bret Weiss noted that on sidewalk the City has generally assessed 25% of the cost. He noted that at the informational meeting the residents felt sidewalk on one side of the street was enough but with 3000 vehicles per day on the road, the engineer felt that sidewalk on both sides of the road would be a better solution. Glen Posusta and Brian Stumpf both felt the sidewalk should be on one side of the road only. Glen Posusta felt the sidewalk cost should be spread equally among all the lots and not just against the properties abutting it. Bret Weiss noted the cul-de-sac was an add on because it was a private road coming onto a public road. The cul-de-sac would allow for a turn around area for vehicles. Bret Weiss stated that off site runoff storage would not be charged against the property if the Council so determines. The storm water runs through the ditches into the pond by Hillcrest park. If storm sewer is constructed the runoff water will still be directed to the park. In the future an outlet for the storm sewer from the park will be constructed. Glen Posusta asked if it would make more sense to direct the storm water towards CSAH 75. Brian Stumpf commented that it is a matter of paying now or later for improvements to streets that need attention. Bret Weiss noted that the developer has 1/4 of a mile of the road that he will be charged for. The property owners will be picking up 15% of the total project cost. Mayor Thielen opened the public hearing on the Prairie Road Reconstruction Project. Jane McNamara, 315 Prairie Road stated she had checked with the Wright County Sheriff s Department regarding safety of the roadway. They indicated one accident in the past five years which was a hit and run on a parked vehicle. The only work that has been done on the road since it was installed was some sealcoating work. The developer is building the townhomes not because he wants to live on Prairie but because of the profit. She was requesting that road remain a rural section design. 5 Council Agenda - 4/26/04 Mark McNamara, 315 Prairie Road, stated that other alternatives should be addressed. The gravel road has good permeability which allows for infiltration and has been a good means of storm water disposal. He felt the existing set up operates fine and there did not need to be any storm sewer improvements made. The ditches work well and provide adequate storage for storm water runoff. He felt the question was not whether the urban design was feasible but whether it was cost effective. Mark McNamara stated that the design was excessive and that any drainage problems could be alleviated by regrading the ditches and replacing the culverts. He stated that it was said that the roadway needs to be done because of the increase of traffic but there was no traffic study data to support that claim. He does not disagree that it needs upgrading but he does disagree to the extent of that upgrade. He felt with a little planning a fairly intelligent engineer could come up with other means of doing this. Mr. McNamara also suggested sidewalk on only one side of the street and consideration of reducing the storm sewer size from 24" to 15". Todd Kohnert, representing his father, Larry, who lives at 345 Prairie Road stated that the open ditch was addressing the storm water runoff and questioned the value of storm sewer piping versus an open ditch method of storm drainage. He also questioned the need to expand the roadway to 32' and how the road expansion would impact the poles that are currently located there. He felt other options should be looked at. Michelle Crocker, 225 Prairie Road who has lived there since 1981 stated she is concerned about losing parking. She stated that she does not have a sump pump and is not aware of any instance of flooding in the area. She also did not see the need to have two sidewalks in the area and felt this proposal was excessive. Brenda Fissette, 265 Prairie Road asked about the boulevard area between the curb and the sidewalk. Bret Weiss stated the right-of-way of Prairie Road is 66 feet. With the road width at 32 feet and 2 sidewalks at 5 feet each, there would still be 24 feet (12 feet on each side) of right- of-way remaining. Brenda Fissette felt the roadway expansion would cut into her front yard and would require removal of a number of trees. She felt there needs to be alternatives that could be looked at. She is in favor of some type of sidewalk but felt the road expansion was too massive. Brian Stumpf noted that it is not definite that a sidewalk would be going in on that side of the road. Glen Posusta asked if the sidewalk could be placed next to the curb. Bret Weiss said typically they like to leave 6'-8' of boulevard primarily for snow removal purposes. Wayne Carlson, 215 Prairie Road wanted to go on record about the speed on the roadway. He felt the road was good except for an occasional pothole and has served them well. He also favors the rural design of the road and does not want curb and gutter, sidewalk or storm sewer installed. He felt the City was trying to push something on the residents that they don't need. Brian Johnson, 340 Prairie Road echoed the sentiments of the other residents who spoke. He noted on his side of the road there are mature trees that would need to be removed if the roadway is expanded. Bret Weiss stated with the sidewalk it could be aligned in a manner to protect the trees. Mayor Thielen then closed the public hearing. rel Council Agenda - 4/26/04 Bret Weiss responded to a number of comments made by the residents. He noted that curb and gutter can impact traffic speed as the driver feels somewhat restricted by the presence of the curb and gutter. He also noted that there is an illegal sign in the area stating the speed limit is 20 mph. He added that Xcel Energy is planning on moving the poles from their current position. Bret Weiss cautioned that you can't remove the curb and gutter and sidewalk from the project and expect a like reduction in overall cost Bret Weiss felt curb and gutter made sense because of the safety issues and amount of traffic on the roadway. He recommended going forward with the urban section but if the Council wanted them to look at a rural section they would. Brian Stumpf stated he was not in opposition to leaving the road the way it is and maybe the reconstruction of the road should be left until 2008. Bruce Thielen stated that this was initiated in part because of some improvements the City made at the intersection of Prairie Road and CSAH 75 to improve pedestrian safety. Bruce Thielen agreed with Brian Stumpf that this portion of road where the townhomes are going should be done and the rest of the road left until 2008. BRIAN STUMPF MOVED NOT TO AUTHORIZE PROCEEDING WITH PLANS AND SPECIFICATIONS FOR THE ENTIRE PRAIRIE ROAD BUT TO LIMIT THE SCOPE OF THE IMPROVEMENTS TO THE DEVELOPERS PROPERTY LINE. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Public Hearing -Consideration of a resolution adopting the proposed assessment roll for delinquent utility bills and certification of the assessment roll to the County Auditor. Rick Wolfsteller explained that the public hearing was a requirement for certifying unpaid utility bills to the county for collection with property taxes. Mayor Thielen opened the public hearing on the proposed assessment for delinquent utilities. There was no one present who spoke for or against the assessment. Mayor Thielen then closed the assessment hearing. BRIAN STUMPF MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE DELINQUENT UTILITY CHARGES AS PRESENTED. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Res. No. 2004-28. 9. Consideration of amendment to Planned Unit Development - Hillside Farms Steve Grittman provided the background information on this item which was the subject of a special Planning Commission meeting held prior to the Council meeting. Hillside Farms was platted as an R-1 development at the time the City was considering establishing the RIA standards. The agreement was to proceed with the RI plat but RIA size homes would be constructed within the plat. The developer stated that to apply the standards of the RIA housing would require them to build smaller houses than what they are proposing. The RIA standards require 1400 SF foundation size and 2000 SF of finished area. They felt smaller two story houses would bring in more value. To allow a smaller foot size would require an amendment to the PUD. The developer is arguing that two story homes have intrinsically more 7 Council Agenda - 4/26/04 value. The Planning Commission adopted a resolution recommending a foundation size of 2200 SF. The Planning Commission would allow two story or modified two story with 2200 SF of finished space above grade or meeting all RIA standards subject to a written agreement between the developer and the City. The staff had included a recommendation if the City lowered the house size standard the City should institute a set minimum value standard. The Planning Commission, however, did not recommend a value standard. Robbie Smith asked about step up housing and was staff comfortable that this was adequate to ensure the appropriate type housing would be constructed. Steve Grittman indicated that areas designated for RIA had either significant tree coverage or other unique features such as, view; nearness to bodies of water etc. Even though there was a lower SF requirement the value standard would prove for up scale housing. The construction materials standards of the RIA district would still apply. Robbie Smith asked about smaller lot sizes and larger houses. Steve Grittman noted the lots are R1 lots The original developer held out the promise of RIA houses on R1 lots. Brian Stumpf asked what the differences were in the standards. R1 has 12,000 SF of lot area, 80 foot width and 30 foot setback. RIA is 90 feet in width, 15,000 SF and 35' setback from the street. The side yard set backs are the same for both districts. The Council expressed some concern about ensuring the developer builds what they say they are going to build. Glen Posusta stated that most builders will build to the minimum standards. Adding amenities will add to the cost of the housing thus qualifying it for step up housing. Steve Grittman felt the value standard would be difficult to enforce. He noted that the restrictive covenants can be changed by the developer but what is set forth in the agreement between the City and developer is binding. Fred Patch concurred that the value standard would be difficult to enforce and assured the council that if the developer would try to renege on the terms of the agreement, he would not issue a building permit Glen Posusta asked about the value that was put on the building permit and Fred Patch responded that it is not always a good indicator of the house value. Howard Triggs from Trison Development spoke noting he submitted information to the Planning Commission relating to the types of home construction pointing out that only a few two story structures were built in Monticello. He felt that the City needs to look at above grade finished space rather than below grade level. He felt his research showed that two story structures provided more value. Matt Brokl, City Attorney, pointed out that this agreement would apply to all phases of the development. Robbie Smith asked why the property was not zoned RIA. Steve Grittman indicated it was because the plat was already in process before the RIA standards were developed. GLEN POSUSTA MOVED TO APPROVE THE RECOMMENDATION OF THE PLANNING COMMISSION TO AMEND THE PLANNED UNIT DEVELOPMENT FOR HILLSIDE FARMS BY ALTERING THE BUILDING SIZE REQUIREMENTS TO PERMIT TWO STORY AND MODIFIED TWO STORY HOMES WITH 2200 SF OF FINISHED FLOOR AREA ABOVE GRADE OR 1100 SF FOOT PRINT WITH A FULL BASEMENT ACCORDING TO THE RIA STANDARDS. R1 LOT AREA AND SETBACK STANDARDS WILL BE APPLIED. ALL OTHER RIA ZONING DISTRICT STANDARDS E' Council Agenda - 4/26/04 WILL APPLY TO THE HILLSIDE FARM PLAT. THIS AMENDMENT IS SUBJECT TO WRITTEN AGREEMENT BETWEEN THE DEVELOPER AND THE CITY. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED WITH ROBBIE SMITH AND BRIAN STUMPF VOTING IN OPPOSITION. 10. Consideration of awarding contract on Overflow Parking Lot -Walnut Street, Project No. 2003-18C. The Bruce Thielen and Brian Stumpf had to leave the meeting at this time to attend the mediation session on the contested annexation. Prior to leaving Bruce Thielen commented that he did not feel the parking lot should be constructed at this time. Glen Posusta asked if crushed granite could be used on the parking lot in lieu of bituminous surfacing. It was indicated that would not comply with the provisions of the ordinance. Roger Carlson took over as Acting Mayor at this time. Public Works Director, John Simola stated that if the City is not going to put in the parking lot, the area should be seeded. Glen Posusta stated there were instances where the City had allowed the use of a temporary parking lot.. Rick Wolfsteller stated that if this was being done for Towne Centre and MCC use and there was no interest then the City should not be putting in a parking lot. Glen Posusta suggested that curb and gutter be placed in the area of the proposed parking lot. Bret Weiss stated that Wells Fargo is putting in a storm sewer which is tearing up the second lift on the street. ROBBIE SMITH MOVED TO NOT INSTALL THE PARKING LOT AT THIS TIME AND TO REMOVE THE DRIVEWAY, PUT IN CURB AND GUTTER AND SEED THE AREA. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ROBBIE SMITH MOVED TO REJECT ALL BIDS RECEIVED ON THE CONSTRUCTION OF THE OVERFLOW PARKING LOT ON WALNUT STREET. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Approve payment of bills for April ROBBIE SMITH MOVED TO APPROVE PAYMENT OF BILLS FOR APRIL. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Items: Mielke Assessment Glen Posusta brought up the situation with the Mielke property and the special assessments. He felt to clear up the problem with the assessments and waiver agreements, there should be some type of mediation or arbitration. He felt the City Attorney, Council representatives, Dan Mielke, his attorney and a designated mediator should work out a settlement that would be binding on the parties. Glen Posusta felt that the assessment issues were delaying development in this area. Matt Brokl stated that 0 Council Agenda - 4/26/04 the idea of a mediation session came from the Mielke group. Matt Brokl said the scope of the issues to be resolved is something that the Council needs to consider since there are number of assessments and other issues involved. He felt the full Council might want to look at setting the scope of discussion before agreeing to binding arbitration. Matt Brokl stated he was not opposed to some kind of mediation. Dan Mielke stated that litigation seemed to be the only to get the city to address these issues. He said the waiver agreements he signed have not been fulfilled. Mr. Mielke indicated he would consider mediation but wanted to talk to his attorney first. Roger Carlson suggested leaving this to Matt Brokl and he should bring it back to the Council to approve the scope of the discussion and to appoint the Council representatives. Glen Posusta felt everything should be on the table for discussion. Groveland 4'h Cleanup - Since Brian Stumpf who had requested an update on this item was no longer present at the meeting, John Simola said he would provide an update at the next meeting. Home Depot - Roger Carlson briefly summarized the letter that Mayor Thielen had received from Home Depot regarding their location in the community. Home Depot indicated that the site they were considering would not work out for them. However they will continue to look at other possible locations within the City. 12. Adjourn GLEN POSUSTA MOVED TO ADJOURN AT 9 P.M. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 0 CLX1>i11- A—Al�� Recording Secretary 10