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City Council Minutes 06-28-2004MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, June 28, 2004 - 7 p.m. Members Present: Roger Carlson, Glen Posusta, Brian Stumpf and Bruce Thielen. Members Absent: Robbie Smith 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 the June 14, 2004 regular Council meeting. ROGER CARLSON MOVED TO APPROVE THE MINUTES OF THE JUNE 14, 2004 REGULAR COUNCIL MEETING. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF ABSTAINING. 211. Approve minutes of the June 21, 2004 special Council meeting. GLEN POSUSTA MOVED TO APPROVE THE MINUTES OF THE JUNE 21, 2004 SPECIAL COUNCIL MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Brian Stumpf asked about the triangular piece of land at the River Street/Prairie Road/CSAH 75 intersection and who was responsible for maintaining that. He asked that staff determine responsibility for maintenance and report back to the Council. John Simola indicated that for the time being the City would maintain it. Glen Posusta asked that the City's policy on noxious weeds be added to the agenda. 4. Citizen comments/petitions, requests and complaints. Mayor Thielen explained the purpose of the citizen comment portion of the agenda. Gary Anderson from the Monticello Lions Club was present to report to the Council on the success of the Support Our Soldiers project and to thank the Council for the their support of the project as well as allowing the use of the MCC facility for packaging the boxes that were sent to the troops. He indicated that a scrapbook on the project would be available for viewing at City Hall. 5. Consent Agenda. A. Consideration of ratifying new hires and terminations for the Liquor Store, Streets and Council Minutes - 6/28/04 Parks. Recommendation: Ratify the hires and terminations as identified. B. Consideration of final plat and development agreement Sunset Ponds Phase II. Recommendation: Approve the final plat of Sunset Ponds 2nd Addition subject to completion and execution of the development agreement. C. REMOVED FROM THE AGENDA. D. Consideration of a request for a conditional use permit allowing for drive -up retail sales; motor fuel dispensing; light automobile service, including tires and batteries; open and outdoor sales; convenience foods; joint parking and drives; sign plan; and a request for a preliminary plat for a commercial development in a B-3 district. Applicant: Wal-Mart. Recommendation: 1) Approve the preliminary plat for Monticello business Center 1 Addition based on a finding that the land use pattern is consistent with the City's Comprehensive Plan subject to conditions noted by the Planning Commission on June 1, 2004 as follows: 1. The applicant is to submit revised plans showing the sidewalk along Cedar Street to be five feet in width and both of the sidewalks along Cedar Street and the sidewalk along School Boulevard to be one foot off of the property line. 2. The sidewalk along School Boulevard is to be extended to the east for the length of the plat. 3. An escrow for future street, sidewalk, lighting and utility extension along Cedar Street the length of the plat is to be submitted to the City prior to building permit approval. 4. Color, detail or additional landscape screening is to be added to the rear and School Boulevard facade. 5. Xcel Energy must review all landscaping within the overhead powerline easement. The landscape plan must be revised as necessary. 6. The photometric plan is to be revised to show any lighting within the canopy area. 7. Lighting within the canopy area shall consist of canister spotlights with no portion of the light source or future extending below the bottom face of the canopy. 8. The site plan is to be revised to identify a trash enclosure constructed of similar building material as the principal structure, screened from view of neighboring properties, with adequate access for garbage trucks. An interior or attached trash room is the preferred design. 9. The site plan is to be revised to reduce the number of access points onto School Boulevard and Cedar Street from the site from three to two. 10. The submitted grading plan is subject to review and approval of the City Engineer. 11. Utility plans are subject to review and approval of the City Engineer. 12. Additional comments from staff. 2) Approve the CUP requests based on the finding that they are consistent with the criteria for CUP approval as described in the ordinance subject to conditions identified by the Planning Commission at the June 1, 2004 meeting (approved engineer plans and final architectural standards are the only conditions that have not been met with the latest plan submittal). A commitment has been made to adjust architectural detail as requested including adding landscaped island delineators. Approval includes the condition that the architectural plan for the structure include enhancements as requested by the City Planner. 2 Council Minutes - 6/28/04 E. Consideration of accepting feasibility report for Meadow Oak Sewer Bypass Project No. 2003-02C. Recommendation: Accept the feasibility report and order preparation of plans and specifications for the entire project as proposed. F. Consideration of a request for a preliminary plat and conditional use permit for a planned unit development for an 11 townhouse project in the CCD District. - Landmark Square II. Recommendation: Approve the preliminary plat and development stage planned unit development for Landmark Square II. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. None. 7. Public Hearing on consideration of a request to vacate a portion of a drainage and utility easement running along the rear portion of Lot 9, Block 10, Groveland Second Addition. Public Works Director, John Simola, explained that the request was to vacate a triangular piece of the drainage easement. This would allow the property owner to build a retaining wall without encroaching into the easement area and yet not adversely impact the easement area. Mayor Thielen opened the public hearing. There was no one present who spoke for or against the proposed easement vacation. Mayor Thielen then closed the public hearing. GLEN POSUSTA MOVED TO APPROVE THE VACATION OF A PORTION OF THE DRAINAGE AND UTILITY EASEMENT RUNNING ALONG THE REAR PORTION OF LOT 9, BLOCK 10 GROVELAND SECOND ADDITION. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Review of 2003 Audit Report. Rick Borden from Larson Allen was present to review with the Council the audit report for the year ending December 31, 2003. Mr. Borden stated that this audit report was the first that implemented the GASB 34 regulations which made significant changes in the way the City shows its financial statements. The primary area of change was in the fixed asset account. Mr. Borden indicated that the report was not the final report as a couple of items remained to be completed one being adding the MD&A (Management Discussion & Analysis) to the report and the other being to reconcile the difference in the fix asset account as shown in the previous years audit with that of the 2003 audit. City Administrator, Rick Wolfsteller noted that the MD & A had been sent to their office earlier so that should have been included in the report. That would leave the reconciling of the fixed asset account as the only item remaining. Rick Borden noted that the report broke the financial activities down into two types; government and business type activities. The business type activities included water, liquor J Council Minutes - 6/28/04 cemetery, etc. The business type activities had revenue in excess of expenditures while the government activities generally did not. Glen Posusta questioned the amount the City had available in cash/investments. Rick Borden then compared the old balance sheet format with the' new adding that the old format did not show long term receivables. Mr. Borden noted tha-t information on the Firemen's Relief Association was not included in the report. Brian Stumpf questioned the accuracy of the statement in the audit report that the City contributed to the relief association. Rick Wolfsteller explained that the City receives funds form the state which the City gives to the relief association and that was the contribution being referenced. Items mentioned by Mr. Borden included an instance where there was not sufficient collateral coverage for the funds on hand, lack of personnel files to correspond with payroll records and segregation of duties for financial duties with the concern being that the person who generates the bill should not also be the same person who receives payment for the bill and deposits the money. He noted that with smaller staff achieving segregation of duties was more difficult but it was important that control was not concentrated in the just one person. Another item was journal entries and how they were reviewed. He also pointed out that outstanding checks need to be turned over to the state as unclaimed property after three years. Another area the audition questioned was the open accounts and who was authorized to use them. There was some discussion on internal controls to cover these items. Mr. Borden stated that when the final report has been prepared he would be back to review it with the Council but he wanted the Council to have the preliminary report so they could study the changes that were made because of GASB 34. Bruce Thielen suggested that the final audit review be done in a workshop where they could spend more time on the report. Rick Borden indicated that they will be contacting the State Auditor's Office to inform them of the delay in getting the audit report turned int. 9. REMOVED FROM THE AGENDA. 10. Consideration of purchase agreement with Muller Theater group for sale of land. City Administrator, Rick Wolfsteller, provided background information on the item. The purchase agreement shows a slight increase in the amount of land to be purchased from 10.2 acres to 10.87 acres with the resulting purchase price being $835,263. The Muller group is anxious to get their project started and as soon as the purchase agreement is approved they would being site grading. Rick Wolfsteller point out that there are certain items that require Planning Commission and/or Council approval and that approving the purchase agreement was no guarantee of the other approvals that are required. BRIAN STUMPF MOVED TO APPROVE THE BASIC TERMS AND CONDITIONS OF THE PURCHASE AGREEMENT AS OUTLINED, CONTINGENT UPON APPROVAL OF VARIOUS UTILITY PLANS, GRADING PLANS AND OTHER SITE PLANS BY 0 Council Minutes - 6/28/04 CONSULTANTS AND CONTINGENT UPON PLANNING COMMISSION REVIEW OF APPROPRIATE VARIANCES OR PLANNED UNIT DEVELOPMENT PROPOSALS. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Consideration to review and accept feasibifily study for Block 35 Alley and Plaza Improvements, authorize design and preparation of plans and specs, authorize going out for bids and calling for a public hearing. Bret Weiss and Bruce Cochran review the improvements proposed for the Block 35 area. A petition had been submitted by some of the property owners voicing their opposition to establishment of a service district. Bret Weiss indicated in talking to the property owners they had concerns about setting up a service district then the cost of the project is not know. Another individual indicated that the proposal to have the parking stalls for public parking was not possible for him as he has designated them for his tenant's use. It was felt that the property owners would be more committed to the project if they knew what their costs would be. The property owners would be prefer to see the project designed and bid so they know what they are getting into before a service district agreement is set up. The engineer's estimate of the project costs varied from $195,000 to $230,000 depending on whether bituminous surfacing was installed or some other material like concrete or pavers. Other improvements include planters and trash enclosures. Al Loch spoke stating that there are 8 property owners that are impacted by the improvement project. These property owners have met with the EDA to try to work out an agreement for project costs. Al Loch noted an agreement has been reached for maintenance and snow removal and he felt with time an agreement could be reached among the property owners relating to the other improvements. The Council discussed whether the project should be tabled until the property owners reached an agreement. The project was to include improvements to the public parking lot. The parking lot improvements had been put off a couple of years while the EDA tried to come up with a plan for the improvements to the area. Bret Weiss stated that there are some economies of scale when you are able to combine projects but if the property owners could not agree on the other improvements, the work on the parking lot could still proceed. The question is whether the Council wants to pay for preparation of plans and specifications on a project that may not go through. Doug Schneider, the property owner who submitted the petition against the service district, stated the primary concern was agreeing to something they did not know the cost of but there were other concerns as well. He felt there were just too many unknowns for them to commit to this project. He also stated that not all of the property owners had seen the report for the proposed improvements. Rick Wolfsteller stated it is a complicated issue because some of the work under the project 5 Council Minutes - 6/28/04 would be done on private property. The intent of the EDA was to make storm sewer and drainage improvements in exchange for the property owners making improvements to the back of their buildings. The EDA would not be willing to expend public funds if the property owners do not commit to the project. The EDA was proposing funding in the amount of $145,000. Property owners need to finalize what facade improvement costs are as well as project costs. It was suggested that by tabling action on this request for another two weeks, it would give time for the property owners to come to an agreement. If no agreement is reached, the Council could then make a determination on whether to proceed with the parking lot improvements. Glen Posusta questioned whether business owners would be assessed for the parking lot improvements. John Simola indicated they would not. Glen Posusta felt this was similar to the Core Street Project where even though the property owners were assessed for the original construction of the road they also paid a portion of the cost when the road was reconstructed. If the property owners were not being charged for the parking lot improvements that should provide incentive for the property owners to come to an agreement on the other improvements. Rick Wolfsteller stated that this was not set up to be a 429 project as it was going to be funded by the EDA. BRIAN STUMPF MOVED TO TABLE THIS ITEM UNTIL THE JULY 12, 2004 COUNCIL MEETING. There was no second to the motion. GLEN POSUSTA MOVED TO ACCEPT THE FEASIBILITY STUDY, AUTHORIZE WSB & ASSOCIATES TO DESIGN AND PREPARE PLANS AND SPECIFICATIONS FOR BLOCK 35 ALLEY AND PLAZA IMPROVEMENTS CONSISTING OF A BITUMINOUS PAVEMENT ALLEY AND PARKING AREA AND PLAIN FOUR INCH CONCRETE PLAZA WITH AN ALTERNATE BID FOR EXPOSED AGGREGATE CONCRETE PLAZA, AUTHORIZE ADVERTISING FOR BIDS AND TO CALL FOR A PUBLIC HEARING ON JULY 26, 2004. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Brian Stumpf asked if the EDA was going to fund the cost of the plans and specifications. Bruce Thielen suggested that when the plans are prepared the engineer should break out the City portion of the project. Added Items: Glen Posusta asked what the City's procedure was on weeds on a property. John Simola stated that on city property and right-of-way, the City takes care of mowing the weeds. On private property, the owner is given a blight notice and if it is not mowed within then days, a private contractor comes into mow and the cost is charged back to the property owner. It was pointed out that the City ordinance D Council Minutes - 6/28/04 states any weeds or grass in excess of six inches within 100 feet of another building is considered a violation of the ordinance. Fred Patch updated the Council on the status of moving the Methodist Church Building. Representatives from the Swan River Montessori Charter School were present to update the Council on the status of their charter. They also requested that a letter of support from the City be sent to the Department of Education. It is hoped that the building will be moved to its site on MCC property within the next two weeks. The National Guard vehicle storage area is being relocated to the west side of Linn Street. 12. Approve payment of bills for June. Glen Posusta had questions on bills for equipment, mowing and batteries. ROGER CARLSON MOVED TO APPROVE PAYMENT OF BILLS. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Adjourn. BRIAN STUMPF MOVED TO ADJOURN AT 9 P.M. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary %/