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City Council Minutes 11-13-2006 Council Minutes: 11/13/06 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, November 13, 2006 -7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf. Members Absent: None 1. Call to Order and Plede:e of Allee:iance Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of October 23. 2006 Special Council Meetin2 GLEN POSUSTA MOVED TO APPROVE THE MINUTES OF THE OCTOBER 23,2006 SPECIAL COUNCIL MEETING. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. Approve minutes of October 23. 2006 Ree:ular Council Meetine: Tom Perrault noted a number oftypographical errors and also had the following corrections: 1) On item 5C he noted that Clint Herbst also voted in opposition; 2) On item #7 he noted that Otter Creek Road and West River Street were widened to 30 feet not 32 feet. He also pointed out that the 2005 project did include curb and gutter; 3) On item #8, he noted that the motion carried unanimously; and 4) On item #15, he noted that he had seconded the motion. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE OCTOBER 23, 2006 REGULAR COUNCIL MEETING WITH THE CORRECTIONS NOTED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of addine: items to the ae:enda. The following items were added to the agenda: 1) Update on roundabout; 2) Update on fiber optics meeting; 3) Establish a meeting date to review the revenue stabilization agreement with Xcel Energy and 4) The intersection of Fallon Avenue and School Boulevard. 4. Citizen comments, petitions. requests and concerns. Rita Reed DeAntoni, who resides in Big Lake, came before the Council regarding the sale of the city-owned lot on River Street. She had contacted the residents in the area to get their reaction to having a home moved onto the site and had signatures from residents indicating they were not opposed to a home being moved in. She noted that in talking with the residents in the area they indicated that the lot had natural springs so a full basement could not be put in. The only concern of the residents related to drainage of runoff from the site during excavation. She stated that there were previous attempts to put a basement in but because of the natural springs, it was never completed. Gary Anderson, Chief Building Official stated 1 Council Minutes: 11/13/06 that a basement was never dug because the builder knew that the water level in the area was high. Gary Anderson felt that because of the high water level the structure would likely have to be slab on grade. Glen Posusta pointed out that it was the Council's decision to restrict it to new construction for this lot and they had voted not to allow a house to be moved in. Mayor Herbst asked if there was an interest by the Council to revisit the issue. Brian Stumpf felt with the natural springs on the site, it might create additional problems and felt maybe the City should just retain the lot. Tom Perrault asked if the street and storm sewer work in that area would have corrected the problem. John Simola indicated he didn't believe the work done under that project would have done anything as far as the natural springs. He indicated if the lot was built on, the surface water would have to be taken around the house and the house would have to be built l' to 2' above the ground water level. The Council determined not to revisit the issue of allowing a house to be moved onto the lot and at this time did not make any decision on what they would do with the lot. Bob LinDell from 4861 Stoneridge Drive came before the Council to address the information presented by the Fiber Optics Task Force. He felt the information presented by the task force was not thorough and that the task force had misled residents. While he stated he would benefit from having the fiber optic system in place, he didn't feel the subject has been fully studied by the task force. He also felt the information presented on the website was slanted. He stated there are other options available for the City of Monticello but the task force didn't address these. He also spoke to the legal gray area of a municipality going into this area of private enterprise. He felt there should be solid information and some caution used by the task force before moving forward. Clint Herbst noted that the statements made were rather bold statements and questioned whether he had other interests at stake. Mr. LinDell stated that he has no other interest but is only a resident who would benefit by the service. Wayne Mayer asked if Mr. LinDell would consider attending the next task force meeting. Mr. LinDell indicated he would and stated that he just wants assurances that the committee has looked at all aspects of the project. 5. Consent Ae:enda: A. Consideration of ratifying hires and departures City Hall and Parks. Recommendation: Approve the hires and departures as identified. B. Consideration of approving Wright County Cooperative Agreement No. 06-55 (turnback ofCSAH 75 east ofCSAH 18.) Recommendation: Move to approve Wright County Cooperative Agreement No. 06-55. C. Consideration of resolution for annexation ofCSAH 75 right-of-way. Recommendation: Move to approve Resolution No. 2006-104 annexation a portion of the CSAH 75 right-of-way as described in the resolution. D. Consideration of resolution revoking a portion of County State Aid Highway No. 75 in the City of Monticello. Recommendation: Approve Resolution No. 2006-105 revoking a portion ofCSAH No. 75 to the City of Monticello. E. REMOVED. 2 Council Minutes: 11/13/06 F. Consideration of adopting resolution declaring City's intent to reimburse expenditures from the proceeds of bonds. Recommendation: Approve Resolution No. 2006-100 declaring intent of the City to reimburse certain expenditures from the proceeds of bonds to be issued by the City. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH ITEMS #5B, #5C AND #5E BEING REMOVED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent ae:enda for discussion. #58 Wright County Cooperative Agreement: This item was pulled as Wayne Mayer wanted to verify how much the county would be deducting from their $2,000,000 of project costs. He had calculated the amount to be about $8,000.00. The deduction was to cover the area that was supposed to have been paved but was not. Wayne Mayer stated that the deduct amount had never been mentioned. BRIAN STUMPF MOVED TO APPROVE WRIGHT COUNTY COOPERATIVE AGREEMENT NO. 06-55. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5C Annexation of CSAH 75 right-of-way: Bruce Westby stated on the exhibit for this agenda item it showed a number of different annexation areas. The original proposal was to annex just a portion of the right -of-way as the City was waiting to hear from MnDOT and Burlington Northern Railroad for their approval to annex the balance of the right-of-way. Since he has gotten verbal approval from MnDOT and the railroad and Monticello Township had previously approved the annexation of the entire right-of-way, he was requesting that the annexation cover all ofthe right-of-way and not just the portion initially described. It was noted that there are still two parcels in this area that remain in the township. One is a small triangular piece adjacent to Hawk's Bar and the other is piece ofland between the freeway and CSAH 75. TOM PERRAULT MOVED TO APPROVE THE RESOLUTION ANNEXING THE CSAH 75 RIGHT-OF-WAY IN ITS ENTIRETY AS DESCRIBED IN THE RESOLUTION DOCUMENTS. WAYNE MA YER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. 7. Continuation of public hearine: and adoption of assessment for improvements installed under the 2006 Core Street Proiect. Citv Proiect No. 2006-01 C. Consulting engineer, Bret Weiss stated that this is a continuation of the public hearing for the assessment of the 2006 Core Street Project and the assessment had been adjusted based on direction of the Council at the previous meeting. Bret Weiss noted that the assessment rate for the 2005 project was $2,871. The proposed 2006 rate is about a 4 1/2% increase over that of2005. 3 Council Minutes: 11/13/06 The sidewalk assessment was based on 45 single family homes and 94 units in the mobile home parks. 25% of the sidewalk cost is proposed to be assessed. There were two options presented for the sidewalk. One was to assess the single family homes $200 per unit with mobile home lots receiving an assessment of $11 0.38 per lot. The other option would be to have the same assessment rate for all lots (139 lots). The proposed assessment rate under the second option was $139.39. Bret Weiss added when notifying the property owners, the higher assessment amount had been used on the notices. Bret Weiss reviewed the assessment for the Holthaus property. The assessment had been modified to have 4 lots with an assessment for $3,000 each, one lot with an assessment of $2500 and one sidewalk assessment. Torn Holthaus felt the assessment should be one lot at $3,000 and 4 lots at $2,500. An adjustment was also made to property at 1228 Sandy Lane which was revised to reflect the assessment for a duplex, that is two street assessments and two sidewalk assessments. The Ritze property is being covered under an assessment agreement prepared by the City Attorney. The proposed assessment would cover five street assessments and five sidewalk assessments. Additional assessments and interest would be collected if the property developed at a density greater than five units. Brian Stumpf asked about a sunset clause. City Attorney Torn Scott said that although that had not been specifically discussed, he would recommend adding to the agreement that if no development has taken place within 30 years the agreement would expire. Glen Posusta asked about some property owners who had asphalt driveways that were removed and the City wanted to replace them with concrete with the owners paying the difference in price. John Simola indicated he was not aware of that. Bret Weiss asked if the property owner had elected to do the replacement himself, otherwise the project contractor had been doing all the sidewalk repair/replacement. Glen Posusta indicated that property owner said that the because the driveway was only one lift, the person installing the driveway would not guarantee it. Bret Weiss that that there were no extra charges to anyone other than what was proposed on the assessment roll. Mayor Herbst opened the continued public hearing. No one spoke on the proposed assessment. Mayor Herbst then closed the public hearing. Clint Herbst felt the sidewalk amount should be set equally for all lots at $ 139.39/unit. There was additional discussion on the assessment for the Holthaus property. Bret Weiss stated that the original assessment had been based on front footage as per the development agreement but with the Council's decision to change the Ritze assessment and to apply the same policy to the Holthaus property, the assessment was changed. Torn Holthaus believed he should be assessed $2500 per lot and the City was proposing to assess him for the rate in effect at the time of development which is $3,000 per lot. Bret Weiss stated that any new development is charged based on their footage along the street. Bret Weiss stated that under the assessment for the County Road 75 improvements, the property should have been assessed for 'ii the frontage along CSAH 75. Under the terms of an assessment agreement, the frontage assessed along CSAH 75 was reduced to 14. Because the assessment was reduced on CSAH 4 Council Minutes: 11/13/06 75, it was intended that the developer pay the full assessment on Otter Creek Road but it was not known at that time how many units would be developed on the site. Wayne Mayer stated that the Council had already made a number of concessions to Mr. Holthaus over the past year. Glen Posusta felt that Torn Holthaus should only be assessed for one unit. Wayne Mayer asked if Torn Holthaus understood that the assessment on CSAH 75 was only a partial assessment and that he would be assessed for Otter Creek Road. Bret Weiss eXplained that the policy in place when CSAH 75 was assessed was that the property would be assessed 100% on the short side which is Otter Creek Road and 50% along CSAH 75 Rick Wolfsteller pointed out that Torn Holthaus had agreed to pay 100% of the assessment for Otter Creek Road but there was never any agreement with the Ritze's on their property so the properties should not be treated the same. BRIAN STUMPF MOVED THAT THE HOLTHAUS PROPERTY (155-020-004010) BE ASSESSED FOR ONE LOT ON OTTER CREEK ROAD SINCE THERE WAS A PREVIOUS ASSESSMENT FOR CSAH 75 AND ONE SIDEWALK ASSESSMENT IN THE AMOUNT OF $139.39. BRIAN STUMPF AMENDED HIS MOTION TO INCLUDE APPROVAL OF THE ASSESSMENT AGREEMENT FOR THE RITZE PROPERTY, WHICH SET AN ASSESSMENT FOR STREETS AND SIDEWALK FOR FIVE LOTS AND ADDITIONAL ASSESSMENTS IF THE PROPERTY DEVELOPS AT A GREATER DENSITY AND A SUNSET CLAUSE OF 30 YEARS. GLEN POSUSTA SECONDED THE AMENDED MOTION. There was discussion on the impact of the motion made stating that the motion as worded would reduce the assessment for the Holthaus property by $7,000. Brian Stumpf indicated that was not the intent of his motion. He intended that the assessment be four lots at $2500 each and one lot at $3,000 and one sidewalk assessment in the amount of$139.39. BRIAN STUMPF RESCINDED HIS MOTION. BRIAN STUMPF MOVED TO APPROVE THE ASSESSMENT AGREEMENT COVERING THE RITZE PROPERTY AND APPROVED A SIDEWALK ASSESSMENT RATE OF $139.39/UNIT. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION BECAUSE HE DID NOT SUPPORT ASSESSING THE MOBILE HOME LOTS $139.39 FOR SIDEWALK. Glen Posusta felt that since Holthaus was already paying an assessment for CSAH 75 that assessment should be reflected in the assessment for Otter Creek Road. Bret Weiss stated at the last meeting Torn Holthaus had requested one lot be assessed at $3,200 and four lots at $2,500 each and this was the basis for the revised assessment. BRIAN STUMPF MOVED TO APPROVE AN ASSESSMENT FOR THE HOLTHAUS PROPERTY BASED ON $2,500/PER UNIT FOR FOUR UNITS AND ONE LOT WITH AN ASSESSMENT OF $3,139.39. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION BECAUSE OF THE AMOUNT BEING ASSESSED TO THE MOBILE HOME PARK FOR SIDEWALK. 5 Council Minutes: 11/13/06 8. Continuation of public hearine: and adoption of assessment for improvements installed under the Chelsea Road Extension Proiect (90th Street to CSAH 39). Citv Proiect No. 2005-11 C. Consulting engineer, Bret Weiss reviewed the information on this project noting the total project cost was $4,642,579.25. Under the terms of an assessment agreement, the Chadwick/Bowers development will be picking up 79% of the cost. The assessment agreement had called for an interest rate of 6.5% but the rate set forth on the assessment notice was 5.5% and they were requesting that the 5.5% be the rate used. Mayor Herbst opened the continued public hearing. John Chadwick 11430 Zion Circle, Bloomington spoke stating that this project opened an area of the City up for development and commended Ollie Koropchak on the good job she had done in getting land sold out there. He stated that he does have a 14 acre remnant parcel that needs to be rezoned and he would like to meet with the firm doing the comprehensive plan update to see what they are proposing for the area. Mayor Herbst then closed the public hearing. BRIAN STUMPF MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE CHELSEA ROAD EXTENSION AT AN INTEREST RATE OF 5.5%. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Public Hearine: and consideration of adoption of assessment roll for miscellaneous accounts receivable (MARS). Finance Director, Rick Wolfsteller indicated that the amounts on the assessment roll were primarily related to blight clean up and brush chipping. There was one amount relating to unpaid costs for development. Glen Posusta suggested that they adopt the assessment roll without the parcel with the outstanding development fees. The City would then have an opportunity to resolve the issues in question. Rick W olfsteller gave a brief explanation of the amounts charged. Mayor Herbst opened the public hearing. Gerald Paulson, 20201 215th Avenue, Big Lake owns the development property at 9749 Hart Boulevard. He stated the project was completed in May of2005 and in June they received an invoice in the amount of$1300. At the time of the development application they had paid a deposit of $1 ,000. He noted what he believed was a duplication of fees in that the building plan review was charged on the building permit as well as in the development fee reconciliation. He also referenced a letter from the City stating that if this amount was not paid there would be an additional $50 charge. Glen Posusta stated that because this information had just been given to them at the meeting tonight, he wanted to adopt the assessment roll without this parcel on it. This would allow Council and staff to review the information and bring the assessment of this parcel back at the 6 Council Minutes: 11/13/06 next meeting. Gerald Paulson said it was his responsibility as property owner to bring these matters out in the open. Glen Posusta said he needed more information on how these figures were arrived at. Mr. Paulson reviewed the exhibits contained in his letter and left copies of it for the Council. Jeff O'Neill said this project should be treated like every other project. Staff would like the opportunity to go through and review costs and policies that applied to it. Clint Herbst suggested that Gerald Paulson contact JeffO'Neill to set up a meeting Mayor Herbst closed the public hearing. GLEN POSUST A MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE DELINQUENT MARS ACCOUNTS WITH THE DELETION OF THE PROPERTY BELONGING TO GERALD PAULSON. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. 10. Consideration of authorizine: completion of a financial manae:ement plan (FMP) for the City of Monticello to be completed bv Ehlers and Associates. Inc. in the amount of $9.750. City Administrator Jeff O'Neill provided background information on this item which would provide financing options for the City on various upcoming projects. He noted that Ehlers and Associates had done this kind of work before for other communities but also pointed out that the Council has the option to look at other firms to do the plan. Jeff O'Neill felt this information would be helpful in going forward and that it was a reasonable investment. Clint Herbst suggested contacting other communities who have done this and find out what benefit they derived from it. Wayne Mayer felt the City should be waiting with this plan until the new finance director is in place so that this individual has input into the plan. Wayne Mayer also brought up the fact that this was not in the 2007 budget which he felt was another reason to wait until the new finance director was in place. TOM PERRAULT MOVED TO TABLE THIS ITEM UNTIL A FUTURE DATE. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH WAYNE MAYER VOTING IN OPPOSITION STATING HE WOULD NOT LIKE TO SEE THIS CONSIDERED UNTIL THE NEW FINANCE DIRECTOR WAS IN PLACE. 11. Consideration of authorizine: plannine: and implementation of Geoe:raphic and Property Data based information system. City Administrator Jeff O'Neill explained the proposal. Clint Herbst asked how this would differ from what the County has in place. Jeff O'Neill stated that they would be taking the County's data and incorporating into this system. Clint Herbst asked ifit would help Public Works as far as locating utilities. Bret Weiss explained that City utility records would be part of the system and it would even be possible that the data from private utility companies could be added to it. Bret Weiss said in the future you could do locates in the field electronically. Brian Stumpf asked how much of the $35,000 is for gathering information. John Mackiewicz said approximately $19,000 is for data gathering. Wayne Mayer asked how 7 Council Minutes: 11/13/06 much information is being generated by the County. John Mackiewicz said at the present time the City would utilize the parcel and survey information from the County. Wayne Mayer asked what would be generated at the local level. John Mackiewicz indicated that utility mapping, as-builts, sewer and water and zoning could also be included. Bret Weiss noted the City has the basic information adding that the City has used the full sheet scanner at WSB' s office to put their as-built information in electronic form. Bret Weiss explained some of the applications the City could use this system for. John Simola pointed out that this is the cost for getting the information together but it does not include the equipment such has handheld GPS unit. Bret Weiss agreed there will be additional costs for equipment. Bret Weiss stated this system would be one way of saving staff time. Wayne Mayer asked how much was pulled off the County system now and was told only the parcel layer was being pulled. Glen Posusta asked why the City didn't put this out for RFP's. Brian Stumpf stated that WSB has much of the information about utilities and other projects already stored in their system so utilizing them would make sense. Bret Weiss added that this proposal is based on an hourly rate. BRIAN STUMPF MOVED TO AUTHORIZE WSB AND ASSOCIATES TO EXPAND AND ENHANCE THE CITY'S GIS SYSTEM AS PROPOSED AT A COST OF $35,010 WHICH INCLUDES PLANNING AND IMPLEMENTATION OF APPLICATIONS DESCRIBED IN THE PROPOSAL. 12. Review area for 2007 Street Reconstruction Feasibility Report and consideration of authorizinsz feasibility studv. Bret Weiss reviewed for the Council the areas that were studied and the ratings for streets in that area. The areas studied at this time were the balance of Area 3, and Areas 4A, 4B and 5. Bret Weiss explained the pavement condition index and how it was applied in the study of these areas. The lower the PCI number the greater amount of repair/reconstruction work is needed. Bret Weiss showed pictures of the streets studied and based on the PCI indicated what kind of repair/reconstruction would be required. He noted that Area #3 is a more extensive project because there is no storm sewer or curb and gutter installed. John Simola noted a concern about the watermain on Walnut Street which is undersized and deteriorating. Bret Weiss felt because of the issues with redevelopment this area (River Street and Walnut Avenue) would need to be looked at more thoroughly. Bret Weiss felt that Area #3 was in the worst condition. Clint Herbst suggested that information be sent out to the residents to get their feedback on the proposed project areas. Bret Weiss stated they could hold informational meetings on the proposed project. John Simola noted that one reason they had held of on improving the street is because the sanitary sewer pipe on River Street has to be upgraded. This would also require removal of the water lines so it will be a difficult project. He added that at this time they have sewer capacity in the line so the sewer line doesn't need to be upgraded yet. River 8 Council Minutes: 11/13106 Street is an MSA street so there would be MSA funds available for its improvement. Bret Weiss noted there is a balance of$I,033,554 in the MSA funds. Proposed assessments rates for the 2007 Street Reconstruction Project would be $3,300 per residential unit and $80fFF for non-residential property. John Simola stated that Street Superintendent, Tom Moores, who had inspected the streets was present at the meeting and asked him to comment on the areas being looked at. Tom Moores felt that Area 3 should be the area to concentrate on. They had done some patching work in Area 4A because at that time they were ofthe understanding that nothing was going to be done in this area for 3-4 years. He added that the streets in Area 3 were close to 30 years old and when installed had only a 2 Yz "blacktop base unlike Area 4 which has greater depth in the asphalt base. Glen Posusta felt Fallon Avenue was the worst street in town and wondered if that street should be considered. It was noted that there is an interceptor sewer line that would need to go in on Fallon Avenue. The consensus ofthe Council was to have WSB schedule an informational meeting on the project. Added Items: Roundabout: Bruce Westby reported that roundabout will likely be open by Thanksgiving. The Council felt it should be opened as soon as possible. Wayne Mayer asked about the center area of the roundabout and what would be located there. He was concerned that nothing be placed in that area that would negatively impact the visibility. Revenue Stabilization Agreement with Xcel Energy: The Council discussed setting a special meeting to review the agreement. November 27,2006 at 5:30 was the date set for this meeting. Fallon A venue Intersection: The question was whether the stop signs would remain at the intersection of Fallon Avenue and School Boulevard once the roundabout was opened. Bruce Westby stated the stop signs are temporary and indicated the intersection did not meet warrants to have permanent stop signs located there. Fiber Optics Update: No information was provided on this. 13. Approve payment of bills for November. Glen Posusta questioned the bill for the printing of the wellhead brochure and a bill for materials at Steve's Nursery in Elk River. He stated the City needs to buy locally and that the City couldn't expect residents to support local businesses if the City didn't. John Simola stated that they had gotten price comparisons and they went with the lower price. He felt if the Council was going to require staff to purchase locally rather than comparison shop then the Council needs to increase the budget. 9 Council Minutes: 11113/06 Glen Posusta also brought up the demolition of a structure on city owned property and asked why a local firm had not been brought in to do the work. Gary Anderson, Chief Building Official stated that they had contacted two local firms regarding this work. One firm never responded back and the other firm did not have experience in demolition work. The firm that was awarded the demolition work was just outside of Monticello so he was local. TOM PERRAULT MOVED TO PAY THE BILLS. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 14. Adjourn. The meeting was adjourned at 9:55 p.m. On I ~ ~ ~ ......A.x:> os '5 . Recording Secretary .......Q Q... C} 10