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City Council Minutes 11-10-1997 (2)MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, November 10, 1997 - 7 p.m. Members Present: Clint Herbst, Roger Carlson, Bruce Thielen, Bill Fair Members Absent: Brian Stumpf 2. Approval of minutes of the regal r meeting held October 27;, 1997, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD OCTOBER 27, 1997, AS WRITTEN. Motion carried unanimously. A. Public Works Director John Simola requested an addition to the consent agenda to set the minimum water bill at $7.50. B. Assistant Administrator Jeff O'Neill requested an addition to the consent agenda to consider a resolution for authorization to prepare plans and specifications for construction of sanitary sewer and water main for Resurrection Lutheran and Methodist churches. C. Bruce Thielen requested that Council discuss removal of the old concession building in West Bridge Park at the end of the agenda. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT HERBST TO ADD THE ABOVE ITEMS TO THE AGENDA. Approved unanimously. 4. Citizens comments/petitions, requests, and complaints. None. -1 Mm R. 5A. Consideration of approval of minimum water bill at X7.50. Recommendation: Approve setting the minimum water bill at $7.50 and not $10 as was stated in the agenda item for the October 13, 1997, meeting. Page 1 Council Minutes - 11/10/97 5B. Consideration of resolution authorizing preparation of plans and specifications for construction of sanitary sewer and water main for Resurrection Lutheran and Methodist churches contingent upon deposit. Recommendation: Adopt a resolution authorizing preparation of plans and specifications and authorization of advertising for bids for the Resurrection Church and Methodist Church sanitary sewer and water main project pending submittal of required deposit from the churches. SEE RESOLUTION 97-54. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO APPROVE THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously. 0. Consideration of items removed from the consent agenda for discussion None. 7. Consideration of hiring additional narks worker, Public Works Director John Simola explained the need for hiring one full- time parks employee due to growth in the city and the need to keep up with maintenance affecting parks, cemetery, pathway, and related. This employee would be under the supervision of the Street and Park Superintendent until such time as the parks department is set up as a separate department. Future plans include a total of two full-time employees, one a supervisor and one a department employee. The job description of the department employee would allow for primary responsibility in parks but possible assistance in other departments. Clint Herbst asked for an explanation as to why a separate department is being considered and the possible impact on union employees. Bruce Thielen stated he would like to see the job description first, as parks department needs are unique from streets and alleys. Roger Carlson asked what the starting salary would be. City Administrator Rick Wolfsteller indicated that it would be close to $12 an hour. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO AUTHORIZE ADVERTISEMENT FOR THE POSITION OF A FULL- TIME PARKS WORKER, WITH THE ACTUAL RATIFICATION OF THE POSITION OCCURRING AT A LATER DATE. Page 2 Council Minutes - 11/10/97 Bruce Thielen asked that this be implemented with consideration of setting up a full department as soon as possible after January 1. Bill Fair requested that completing development of the Parks Comprehensive Plan be a primary consideration when the new department is set up. Motion carried unanimously. sidewalks,8. Consideration of request for additional snow removal services on downtow area Public Works Director John Simola summarized the request of the Merchants Association for improved snow removal services in the downtown area, particularly the sidewalks along the south side of Broadway between Pump `N Munch and city hall and along Highway 25 between the river and Third Street. Currently, the City clears sidewalks on Broadway from Pinewood to the High School with the exception of the above -noted area. It has been the responsibility of business owners to do the clearing themselves within 24 hours of a snowfall. They feel as long as the City is already snowblowing, they could do that area too. John Simola discussed safety concerns with snowblowing because there are often items such as newspapers, recycling bins, etc., left on sidewalks. Bruce Thielen commented that he had talked to several businesses and their concern was more with the heavy snowfalls and not the occasional light snow cover. Bill Fair thought there might be a possibility of hiring a private contractor and having the City share the costs with the property owners. Bruce Thielen and Clint Herbst agreed that the City only needs to make one pass down sidewalks after heavier snowfalls and that would meet the request of the business owners. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON THAT THE CITY MAKE ONE PASS AFTER SNOWSTORMS TO CLEAR SIDEWALKS FROM PINEWOOD ELEMENTARY TO THE HIGH SCHOOL AND WORK WITH MNDOT TO CLEAR SIDEWALKS ABUTTING HIGHWAY 25 FROM THE RIVER TO THIRD STREET. Motion carried unanimously. 9. Consideration of adoption of new snow D103yjng�rvmoyal policy, Public Works Director John Simola explained the history of the original snow removal policy adopted by the City in 1975. John Simola and Street/Park Superintendent Roger Mack attended a snow policy workshop in 1996 and have since drafted a new policy with the assistance of Rick Wolfsteller, which includes minimum levels of service. The new policy defines which streets, parking lots, parks, and other public properties would be cleared of snow. It Page 3 Council Minutes - 11/10/97 clarifies what constitutes a snow removal situation, what areas would be cleared when, and time frames for clearing. John Simola also explained policies for sanding and salting and priority areas for that service. The new policy includes the height of snow banks at intersections being no more than 36 inches. Weather conditions would determine use of personnel and equipment. The policy includes winter pathway maintenance, skating rink clearing, personal property damage, and removal of illegally parked cars. John indicated that he will add the downtown area to the sidewalk clearing policy. Bill Fair mentioned that the approved policy could be included with the City newsletter for all residents. He suggested also including a copy of the proposed snowmobile route through the city. Bill Fair asked for Council comments. Bruce Thielen commented that the new policy is a great improvement because it spells things out and is much clearer. Jeff O'Neill asked that the policy section regarding the city ordinance on no parking include emphasis on enforcement of snowmobiling restrictions on pathways. Bruce Thielen asked if the employee dedicated to pathway and rink maintenance will have responsibilities for streets. Simola noted that this person will be dedicated to pathways and rink maintenance and will not be helping with streets except for very large snowfall events. MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT HERBST TO ADOPT THE PROPOSED POLICY WITH THE ADDITION OF THE DOWNTOWN SIDEWALKS AND INCLUDING AN EMPHASIS ON NO SNOWMOBILING ON PATHWAYS. Motion carried unanimouly. 10. Consideration of selecting an architect for Phase I design of the Community and Training Center. Council was asked to consider adopting the recommendation of the Community Task Force for architectural services to appoint Ankeny Kell Architects (AKA) as the architect and authorize staff to prepare a contract for service. Assistant Administrator Jeff O'Neill described the Task Force selection process and noted that AKA was selected based largely on their past experience with similar projects. Their fee would be negotiated based on the project cost. O'Neill noted that, as expected, the National Guard has provided a letter of intent committing $1.5 million for the project. Clint Herbst asked if the National Guard will be asked to share in the design costs. He also wanted to Page 4 Council Minutes - 11/10/97 know what portion of the project will be put to referendum for approval by the public. Bruce Thielen and Bill Fair, Task Force representatives, explained that funding of site improvements continues to be researched. Bill Fair pointed out the example of special sales tax requiring public approval. Clint Herbst asked if the National Guard could be required to share in a certain proportion of the costs for each phase. He is concerned that the City will commit themselves to the project and then be liable for all of the accrued costs if it doesn't go through. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO ACCEPT THE RECOMMENDATION OF THE COMMUNITY AND TRAINING CENTER TASK FORCE AND DIRECT STAFF TO WORK WITH ANKENY KELL ON CONTRACT DOCUMENTS ACCORDINGLY, AND THAT CITY STAFF WORK WITH THE NATIONAL GUARD TO SECURE A COMMITMENT OF FUNDS ON A PRORATED BASIS FOR COMPLETION OF DESIGN WORK. Motion carried unanimously. It was noted that Council action on September 22, 1997, indicated Council intent on completing the core City/National Guard facility without going to referendum. This commitment was necessary to gain the commitment from the National Guard on their contribution to the project. Any added amenities beyond the core facility, such as ice or water, could go to a vote. Bruce Thielen expressed assurance that the Task Force will be working hard on garnering public input on funding, facility design, and desire for such a facility. Consideration of an appeal of a denial of a variance to the rear yard setback. John Johnson, Assistant Administrator Jeff O'Neill explained the process that preceded the denial of the variance and that it was denied based on no hardship shown. The appeal is being brought forward because Marvin Road is not likely to be used as a public right-of-way and a variance would not be likely to impact future land use. Roger Carlson asked how adjoining property may be used in the future and whether there would be any impact on zoning. O'Neill explained that the Planning Commission proposed that the building be placed at an angle to match the roadway rather than aligned parallel to the existing building as proposed by Johnson. Under the Planning Commission plan, the building would not need variance. Discussion ensued regarding whether Marvin Road would be used in the future. Glen Posusta questioned why the City would want to improve that portion of the road, especially considering the upcoming Highway 25 re - Page 5 Council Minutes - 11/10/97 alignment and impact on surrounding businesses. Jeff O'Neill noted that there may be adjoining property owners who might want access to Marvin Road in the future. City Engineer Bret Weiss suggested that the City not assume Marvin Road will be vacated because not all property owners have been notified of Highway 25 plans. Building Official Fred Patch noted that there may be some subtle changes made to the plan that could accommodate Johnson's needs without needing a variance. Bill Fair asked Johnson to comment what he sees as a hardship that would require a variance. Johnson explained that he presented plans in the summer and was not advised that there would be any difficulty in accommodating plans. He has invested a large sum of money in engineering fees and plans already. His partner, Fred LeBrun, noted that there could be an impact in the proposed design of turning the building in that they may have to adjust the garage doors and thus would not be able to move vehicles in and out as easily or store as many vehicles. MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRUCE THIELEN THAT CITY STAFF MEET WITH JOHN JOHNSON IN AN ATTEMPT TO AVOID THE NEED FOR A VARIANCE AND TO TABLE THE APPEAL UNTIL THE NEXT COUNCIL MEETING (WHICH IS WITHIN THE 60 -DAY THRESHHOLD). Motion carried unanimously. 12. Consideration of resolution accepting the Monticello Rotary Club request to adopt the Prairie Creek Park, Assistant Administrator Jeff O'Neill explained that the Monticello Rotary Club is interested in adopting the Prairie Creek Park and providing assistance in developing and maintaining the park. O'Neill mentioned that the City will be developing guidelines for signage for the park in conjunction with completion of the comprehensive park plan. MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRUCE THIELEN TO ADOPT THE RESOLUTION ACCEPTING THE ROTARY CLUB'S REQUEST TO ADOPT THE PRAIRIE CREEK PARK. Motion carried unanimously. SEE RESOLUTION 97-55. Council questioned whether the downed trees will be removed before winter. Public Works Director John Simola said that it is being worked on right now but didn't know if it would be completed this year. Page 6 Council Minutes - 11/10/97 13. Consideration of a proposal to Monticello Township for the establishment of a revised Orderly petitions. Annexation Area and settlement of current annexation Assistant Administrator Jeff O'Neill explained that City Planner Steve Grittman has prepared a proposal for a new Orderly Annexation Agreement with the Township. Primary purposes are to avoid Municipal Board meetings, to better reflect City and Township needs and concerns in regard to growth and development, and create an incentive for the Township to agree to current petitions for annexations. O'Neill defined areas of land that would be affected by the OAA agreement. He noted that the original agreement between the City and Township to establish the Orderly Annexation Area established areas for future urbanization. City utilities and infrastructure have been built accordingly. However, there is an opportunity for shifting boundaries to reflect changes since the 1970s. Clint Herbst questioned why Tyler East would be removed from OAA. Jeff O'Neill explained that areas to the west and south will be added, which is where the Township and City wanted to emphasize growth. Under this proposal, annexation would occur based on a petition by a landowner only. The City would not be allowed to unilaterally request annexation without such a petition. For undeveloped land, the Township would continue to receive a portion of the taxes for 10 years after the annexation. Jeff O'Neill explained that the proposal establishes a process for assuring the City that land in the city/township OAA is developed in a manner that is consistent with the comprehensive plan. This would also bring us closer to other OAA agreements used across the state. He stated that the agreement would be in effect for 10 years and could be extended or dropped after that time provided notice is given. If no notice is given, the agreement shall automatically be extended for 5 years. Bill Fair expressed concern over annexation of existing non -vacant property and allowing the Township to collect taxes over 10 years. He noted that it is possible that the City may incur large expenses in cleanup or other costs associated with existing sites such as the Monte Club or Kjellberg's Mobile Home Park. He also had a concern over defining the process of amending the proposed agreement. Bill Fair asked if there could be a way to identify probable land use in the OAA boundaries. Clint Herbst asked if it would be possible to discuss this with the Township Board first before taking it further. Bruce Thielen and Bill Fair expressed concern over the difficulty of meeting in such a large group and felt it might be more appropriate to have our attorney discuss the agreement with their attorney. Page 7 Council Minutes - 11/10/97 Clint Herbst questioned the capacity of sewer lines for future development to the southeast. City Engineer Bret Weiss explained how the interceptor lines that will serve the southwest area could be adapted if needed to handle some of the southeast area. MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO PASS A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO PRESENT THE ATTACHED PROPOSAL WITH AMENDMENTS TO THE MONTICELLO TOWNSHIP BOARD IN AN EFFORT TO RESOLVE CURRENT AND FUTURE ANNEXATION DISPUTES WITHOUT THE NECESSITY OF A HEARING BEFORE THE MINNESOTA MUNICIPAL BOARD. THE AGREEMENT WILL BE AMENDED TO ALLOW THE CITY TO KEEP A PORTION OF THE 10 -YEAR PRORATED TAXES FOR NON -VACANT, DEVELOPED PROPERTY AND DEFINE THE PROCESS FOR AMENDING AN ACCEPTED AGREEMENT. Motion carried unanimously. Clint Herbst commented that he voted for the motion to bring discussion to the Township, but he disagrees with the amount of land proposed to be part of the OAA. Assistant Administrator Jeff' O'Neill discussed the proposed Bridgeview Plat area and noted environmental concerns identified in the Sherburne County Environmental Assessment Review Worksheet. The concerns relate to development of a unique natural area and establishment of septic systems on poor soils. He noted that a joint meeting will be held November 18 between Sherburne County, Becker Township, Big Lake Township, and the City of Monticello to discuss development of land and preservation of woodland area. Jeff' O'Neill explained that at the meeting the Planning Commission will be striving to establish a cooperative working relationship with the Townships and County in an effort to design a plat that meets the needs of the developer, townships, and environment. Such cooperation could include joint powers and tax -sharing agreements similar to agreements between the City of Big Lake and Big Lake Township. He also noted that the Parks Commission supports preservation of the wooded area for public enjoyment. Barb Esse, Monticello Community Partners Chair, commented that this would possibly be advantageous to future MCP plans to develop in conjunction with the river setting. Page 8 Council Minutes - 11/10/97 MOTION WAS MADE BY ROGER CARLSON AND SECONDED BY BRUCE THIELEN TO AUTHORIZE THE PLANNING COMMISSION TO EXPLORE OPTIONS FOR DEVELOPMENT OF COOPERATIVE AGREEMENTS BETWEEN THE CITY, DEVELOPER, AND TOWNSHIPS WHICH WOULD ALLOW PRESERVATION AND PUBLIC ENJOYMENT OF UNIQUE NATURAL AREAS AND ADOPT THE RESOLUTION SUPPORTING SUCH AN AGREEMENT. Clint Herbst asked what the response has been from other government entities. Jeff' O'Neill noted that Representative Mark Olson will moderate the meeting. Also, earlier discussions with Gary Hammer, Becker Township chair, regarding the meeting have been positive. Motion carried unanimously. SEE RESOLUTION 97-56. 14A. Consideration of removal of concession building in West Bridge Park. Bruce Thielen asked what is the status of removal of the old concession building in West Bridge Park. He thought it was already approved and wondered when it would be done. Bill Fair suggested that the City wait for removal until after the Parks Comprehensive Plan is adopted. 15. Consideration of bills for the first half of November. MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO APPROVE THE BILLS FOR THE FIRST HALF OF NOVEMBER AS PRESENTED. Motion carried unanimously. 16. Other matters. A. Discussed setting a date for a budget workshop. Consensus was to set the meeting for Monday, November 17, 1997, at 5 p.m. B. Bill Fair gave a copy of a letter from Mr. Howard of NSP regarding concerns of the Coalition of Utilities Cities about the proposal to change tax base for utilities. Rick Wolfsteller drafted a letter responding to Mr. Howard on behalf of the Coalition. After Council has a chance to review the correspondence, it will be sent to Mr. Howard. C. Discussed letter sent to all Council members regarding the commuter rail transit. There will be a meeting at the Maple Grove Community Center on this issue on Wednesday, November 19, 1997. Page 9 Council Minutes - 11/10/97 D. 011ie Koropchak invited City Council to an open house at Lake Tool on Tuesday, November 25, 1997, to show appreciation for opening their new business in the city. She also mentioned RFPs will be going out regarding development of Outlot A, Country Club Manor. E. Bill Fair reminded Council members that there will be an open discussion for Council prior to the second meeting of month. F. Jeff O'Neill asked City Council if they wanted to interview Planning Commission candidates prior to approval. Consensus was to put the item on the consent agenda after Planning Commission interviews and selection without a Council interview. Meeting was adjourned at 10 p.m. Catherine M. Shur. 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