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City Council Minutes 10-23-2000MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, October 23, 2000 - 7 p.m. Members Present: Roger Belsaas, Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen. Members Absent: None Mayor Belsaas called the meeting to order at 7 p.m. and declared a quorum present. 2A. Approve minutes of workshop on CSAH 75 Improvement on October 9, 2000. CLINT HERBST MOVED TO APPROVE THE MINUTES OF THE WORKSHOP MEETING FOR THE CSAH 75 IMPROVEMENT HELD ON OCTOBER 9, 2000. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH ROGER CARLSON ABSTAINING. 2B. Approve minutes of October 9, 2000 regular council meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE OCTOBER 9, 2000 REGULAR COUNCIL MEETING. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED WITH ROGER CARLSON ABSTAINING. 3. Consideration of addiniz items to the agenda. Roger Carlson asked that a discussion of establishing policy for cemetery issues be added to the agenda. Jeff O'Neill asked that a request for the assessment of connection charges also be added to the agenda. Brian Stumpf indicated that he would not be in attendance at the November 13t" council and would prefer that any major items be deferred until the second meeting in November or schedule a special meeting. 4. Citizen comments/petitions, requests and complaints. Susie Wojchouski reminded those present that the candidate forum was scheduled for Tuesday October 24" at 5:00 p.m. at the middle school. Temple Barsness was present to request the Council to reconsider the pawn shop ordinance that was adopted at the previous meeting. She noted that the cost for the pawn shop to implement the computerized system that is required by the ordinance was far greater than the $1,100 figure given at the meeting. She stated that the $1,100 was the cost for Wright County to access the APS (Automated Pawn System). The pawn shop would still have to purchase the software and hardware that would be compatible with the automated pawn system and that cost was in the range of $4,000-$6,000. She felt that the cost for the software and hardware, the $1,100 for the county access to the system and the $1 /per transaction fee was prohibitive for a pawn shop Council Minutes - 10/23/00 operation that generated 3-5 transactions daily. Nor did she feel it was fair for her to have to pay for the county's connection to the automated pawn system. The Council discussed the information received and concurred that the issue should be looked at again. BRUCE THIELEN MOVED TO HAVE THE PAWN SHOP ORDINANCE BROUGHT BACK FOR COUNCIL CONSIDERATION AT THE NOVEMBER 27TH MEETING AND TO HAVE THE CITY ADMINISTRATOR DO ADDITIONAL CHECKING WITH THE WRIGHT COUNTY SHERIFF'S DEPARTMENT ON THE ISSUE. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Susie Wojchouski reported that all the political signs had been removed from Club View Drive and wondered if any one knew anything about it. 5. Consent Agenda A. Consideration of setting council date to canvass election returns. Recommendation: Set November 8, 2000 at 5 p.m. as the date for the council to canvass the election returns. B. Adoption of assessment roll for 7" Street East Extension, Project No.98-12C. Recommendation: Adopt the resolution adopting the assessment roll for the 7" Street Extension Project for St. Henry's Church in the amount of $623,869.60. C. Consideration of renewing Fire Protection Contracts with the City of Otsego and Silver Creek Township. Recommendation: Authorize the Monticello Joint Fire Board to enter into a three year agreement with Silver Creek Township and the City of Otsego for fire protection services at a rate of $40 per parcel served. D. Consideration of accepting petition and calling for public hearing to vacate 5 '/2 Street roadway easement for Towne Centre Development. Recommendation: Move to accept the petition and call for a public hearing on the vacation of the 5 1/2 Street right-of-way between Pine Street and Walnut Street. E. Consideration of accepting a petition and calling for public hearing on the vacation of a portion of Cedar Street between Chelsea Road and Oakwood Drive. Recommendation: Move to accept the petition for vacating a portion of Cedar Street and call for a public hearing on November 13, 2000. F. Consideration of accepting petition and calling for a feasibility study on construction of boulevard improvements along the Walnut Street corridor. Recommendation: Move to accept petition and call for a feasibility study on construction of boulevard improvements along the Walnut Street corridor. ►) Council Minutes - 10/23/00 G. Consideration of approving development agreement with Silver Creek Real Estate Development, LLC for the Towne Centre Development. Recommendation: Approve entering into development agreement with Silver Creek Development for the Towne Centre project contingent upon city staff satisfactorily resolving the issue of the zero lot line, building construction cost issues and liabilities and amendments relating to joint parking area construction. BRUCE THIELEN MOVED TO APPROVE THE CONSENT AGENDA WITH THE CHANGE OF TIME TO 5:30 P.M. IN ITEM 5A FOR THE CANVASSING OF ELECTION RETURNS. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. None. 7. Public hearing on appeal of Planning Commission denial of variance for pylon sign. Applicant: Automaxx. Jeff O' Neill provided the Council with the background information on the request for the sign variance and the Planning Commission's denial of that request. The applicant had requested a variance to place the pylon sign next to the curb of the parking lot. The applicant indicated that the sight line is interrupted by other signs further up which are non -conforming signs that have been grandfathered in. The Planning Commission did not feel that a hardship existed for the applicant. Brian Stumpf felt the sign ordinance should be looked at as it pertains to signs along TH 25. It was noted that a number of the signs in this area were constructed prior to the City's sign ordinance being in placed. If the sign proposed for Automaxx was constructed under the provisions of the current sign ordinance, it would not be visible from the street. Mayor Belsaas opened the public hearing. Paul Kruchten, owner of the Automaxx site, asked that the Council approve the variance simply because of the visibility factor. Jay Morrell, owner of the building pointed out that this building sets back from the other building in the area so Automaxx is obstructed by the other buildings. The proposed sign is 4' x 8' and would not hang over any portion of the right-of-way. Mayor Belsaas then closed the public hearing. CLINT HERBST MOVED TO APPROVE THE VARIANCE REQUEST FOR A PYLON SIGN FOR AUTOMAXX BASED ON THE FINDING THAT SUFFICIENT HARDSHIP HAS BEEN DEMONSTRATED BECAUSE OF THE OBSTRUCTION CAUSED BY OTHER SIGNAGE IN THE AREA. BRIAN STUMPF SECONDED THE MOTION WITH THE UNDERSTANDING THAT THE SIGN WILL NOT OVERHANG INTO THE f RIGHT-OF-WAY AREA. MOTION CARRIED UNANIMOUSLY. J Council Minutes - 10/23/00 8. Public hearing and adoption of assessment roll - Delinquent Utilities. The Council reviewed the information on the delinquent utility accounts proposed to be certified to the county for collection. Mayor Belsaas opened the public hearing for the delinquent utility bill assessment. No one spoke for or against the proposed assessment. Mayor Belsaas closed the public hearing. ROGER CARLSON MOVED TO ADOPT THE ASSESSMENT ROLL FOR DELINQUENT UTILITY BILLS AS PRESENTED. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Public hearing and adoption of assessment roll - Chelsea Road East Improvement Project Na OR -ARC City Engineer, Bret Weiss provided background information on some of the terminology and procedures used in preparing the assessment rolls. He noted that all the assessment rolls were proposed to be spread over a period of ten years with interest rates varying from 6%-7%. Bret Weiss also explained the assessment appeal process and added that the assessments can be paid within 30 days with no interest being charged. If paid after the 30 days, interest charges would be included. Mike Nielson from WSB & Associates, explained the particular assessments proposed for the Chelsea Road East Improvement Project. The project consisted of street improvements, extension of sanitary sewer, watermain and construction of storm sewer improvements. Some of the improvements had been petitioned for by the affected property owners. The total project cost was $569,924. Of this amount $350,795 was proposed to be assessed against the benefitting property owners. Mayor Belsaas opened the public hearing. Lee Parks, owner of the property at 1305 East Oakwood Drive submitted a written objection to the proposed assessment for his parcel (155-500-142401). He also questioned how his footage and assessment amounts were arrived at. Mike Nielson stated that the street cost was based on footage, the sanitary sewer was based on total construction cost and was split proportionally among the parcels receiving benefit. Mr. Parks questioned why the City had not extended the sewer line to his property earlier and noted he had petitioned for sewer ten years ago but the City did not put it in at that time. Mayor Belsaas then closed the public hearing. Bret Weiss, City Engineer, noted that only one side was assessed because the property owner on the other side (Simonson Lumber) already had sewer. This made for a higher cost since there were fewer parcels to spread the cost among. Bret Weiss also pointed out that initial estimate of costs for this property was $17,000 and the proposed assessment came in slightly less than that. CLINT HERBST MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE CHELSEA ROAD EAST IMPROVEMENT PROJECT NO. 98-08C AS PROPOSED WITH PARCEL 11 Council Minutes - 10/23/00 155-500-142401 (PARCEL #53) BEING REMOVED FOR FURTHER REVIEW. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Public hearing and adoption of assessment roll - Chelsea Road West/Groveland Improvement Project No. 98-25C. Bret Weiss briefly reviewed the improvements covered under this project and the proposed assessment. The project covered improvements to Chelsea Road from Sandberg Road to 90`h Street. The project also covered construction of sanitary sewer, watermain and storm sewer. Bret Weiss explained that there are two drainage districts affected by the improvements. The existing Chelsea Road ponding area behind the dental office and the Marvin Road pond behind Milton Olson property did not have outlets. The outlets for the ponds were constructed under this project. Bret Weiss explained the City's storm sewer policy. Properties developed as of December 1996 are assessed for storm sewer improvements that are constructed within their drainage district. Undeveloped property pay trunk charges for storm sewer at the time they develop. The area comprising the Marvin Road drainage area consists of 80.8 acres but only 7.76 is developed and would be assessed for storm sewer under this project. The Chelsea Road drainage area is approximately 20.24 acres of which 13.08 acres is developed. The total project cost is $1,908,624 and of this amount $1,524,168 is proposed to be assessed. Mayor Belsaas opened the public hearing. Jay Morrell questioned how is property (PID 155- 500-142203) could be considered for a storm sewer assessment under both the 98-25C (Chelsea Road West) and the 96-04C (TH 25) projects. He also indicated that he had paid storm sewer trunk charges when his property developed. Bret Weiss responded that what he had received previously was lateral benefit. Todd Swanson, 133 Sandberg Road asked about the area draining to the pond and stated his belief that the amount of area actually draining into the pond had been reduced. He submitted a letter stating his objections to the proposed assessment. Bret Weiss responded that it was the City's policy not to build stormwater ponds without an outlet. The outlet provides for a controlled elevation of the pond. The storm sewer assessment was for the construction of the pond outlets and not the ponds. John Erlandson (155-027-002010) also submitted an objection in writing questioning the value of the benefit he was being assessed for and also noting an error in the acreage used in calculating his assessment. Mayor Belsaas closed the public hearing. BRIAN STUMPF MOVED TO ADOPTED THE ASSESSMENT ROLL FOR THE CHELSEA ROAD/GROVELAND PHASE I IMPROVEMENT PROJECT NO. 98-25C AS PROPOSED WITH PARCEL 155-027-002010 BEING REVIEWED TO DETERMINE THE CORRECT ACREAGE TO BE ASSESSED. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5 Council Minutes - 10/23/00 1 1. Public hearing and adoption of assessment roll - CSAH 75 Improvement Project Nn 9R -17C Mike Nielson provided the background information on the assessment. The project covered the reconstruction of CSAH 75 from Washington Street to County Road 18/39 intersection which included widening the roadway to four lanes with left turn movements. Some sanitary sewer and watermain was also constructed and the project also included storm sewer construction. The assessment for curb and gutter was based on lineal feet and the assessment for storm sewer was based on square footage. The total project cost for the City amounted to $914,408 and of this $439,775 is proposed to be assessed against the benefitting property. $474,046 would be paid for from other sewer and water trunk funds. Mayor Belsaas opened the public hearing. John Bondhus, (PID 155-011-000031 and 155-011- 000060) submitted a letter objecting to the proposed assessment. Mr. Bondhus was also present at the meeting. He noted that a received an assessment notice for an 800 sq. ft. parcel that he did not own but was in fact owned by Gladys Hoglund. He also questioned the assessment placed on parcel 155-011-000060 stating that this parcel was too narrow to build on. He felt the proposed assessment far exceeded the benefit to the property. The Monticello School District also submitted a letter objecting to the proposed assessment stating that the property did not receive an increase in value to its property in the amount of the proposed assessment. The engineer suggested that this parcel be removed from the roll because the City was negotiating an easement on the ponding area and this area may have been included in the assessment roll. Jennifer Ford, representing Kean of Monticello (155-037-001010) stated that the benefit conferred to the property did not equal the amount of the proposed assessment. Curb and gutter was installed which took away one of two accesses to the property leaving only one access. She also questioned the $54,103 that appeared as a miscellaneous assessment. She also stated that the letter of July 21, 1999 signed by representatives of Kean of Monticello was inadequately worded and did not sufficiently explain the proposed assessment. Mike Nielson explained that $54,103 of miscellaneous assessment was for '/2 of the right-of-way purchase and t/2 of the road construction. The other half of this cost was picked up by the City. This roadway cost was for the realignment of Hart Boulevard. Hart Boulevard was realigned to match up with 7t" Street which is proposed to be a signalized intersection in the future. Roger Belsaas suggested that this parcel (155-037-001010) be removed from the roll for further review. Hilary Hoglund representing Gladys Hoglund also submitted a written objection to the proposed assessment. Her primary concern was the proposed assessment for watermain construction. The property was assessed for a water line that was constructed in the 1980's when �..� Improvements were installed in the Macarlund Plaza development. She also expressed her belief that the property was being assessed for its commercial potential rather than its residential re, Council Minutes - 10/23/00 use. The Council suggested this parcel (155-011-000010) be removed from the roll at this time for further review. Hilary Hoglund also stated that there is a safety hazard created by this improvement which is the blind driveway. Mayor Belsaas then closed the public hearing. Clint Herbst stated that curb and gutter on a road that was reconstructed should not be assessed. He suggested that the Council look at a policy for street reconstruction assessment procedures as the City will be dealing with a number of projects like that in the future. Bruce Thielen concurred with the need to look at the assessment policies for that type of project. Bret Weiss responded that most of the curb and gutter proposed to be assessed was new and the only replacement curb and gutter was in the area by the middle school. Clint Herbst pointed out that both the CSAH 75 and TH 25 project were reconstruction projects and the City would be looking at a number of these projects as some of the older roadways need rebuilding. He felt that instead of assessing any cost for street reconstruction, the cost should be placed on the property taxes. Clint Herbst suggested that any of the parcels that received costs for reconstruction work should be removed from the proposed assessment roll. Roger Carlson felt that the City should look at this now rather than later. Bret Weiss noted that since the County was picking up most of the street cost, the primary reconstruction cost for the City was the curb and gutter. Clint Herbst suggested that at the next meeting the City Council set some kind of policy for reconstruction costs. BRUCE THIELEN MOVED TO DELAY THE ASSESSMENT FOR CSAH 75 IMPROVEMENT PROJECT NO. 98-17C. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Public hearing and adoption of assessment roll - TH 25 Project No. 96-04C. Mike Nielson briefly summarized the project and the proposed assessment. The City's share of the project costs was $3,449,977. Mayor Belsaas opened the public hearing. Glen Posusta, owner of Amaxx Storage (155-500-142302) questioned how his assessments were comparable to anyone else. Mike Nielson noted that the street assessment of $8,821.31 was for the original project. However, Mr. Posusta had petitioned for improvements to Dundas Road. The cost of this work was also assessed back to his property. His share of the improvements on Dundas Road came to $43,041.61. Glen Posusta stated that the estimated cost for this work was $36,000 but the proposed assessment $54,830. The Council determined that parcel should be removed and reviewed further. Daryl Cardinal (213-100-154405) stated that he had received no benefit under this project. He felt access to his property was worse as a result of the improvement and as a result of the project he has standing water on his property. Bret Weiss responded that the issue of the driveway is one that Mr. Cardinal would have to take up with the state since they required the change in the access. Mr. Cardinal stated that the project also created a hazardous situation in that there is a hidden driveway. He stated everything was changed from what the City 7 Council Minutes - 10/23/00 originally told him when they negotiated the easement. Since Mr. Cardinal is not within the City limits no assessment against his property is being levied at this time. If at some future date, the property is annexed into the City, the City may then levy the assessments. The Council directed the City Engineer to work with Mr. Cardinal to resolve the drainage problem on his property. Dan Mielke requested (155-094-001020 and part of 155-036-001030) be pulled from the assessment roll. Property owned by Kjellberg's that was notified of the original assessment was being re - notified because one digit was omitted from the parcel identification number. Mayor Belsaas then closed the public hearing. BRIAN STUMPF MOVED TO ADOPT THE ASSESSMENT ROLL FOR TRUNK HIGHWAY 25 IMPROVEMENT PROJECT NO. 96-04C WITH PARCELS (155-500-142302, 155-094-001020 AND PART OF 155-036-001030, 155-500-154400 AND 155-500-154403 BEING REMOVED FOR FURTHER REVIEW. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED WITH CLINT HERBST VOTING IN OPPOSITION. 13. Public hearing and adoption of assessment roll - Walnut Street Improvement Project Na- 9R-1 ';C - This project consisted of the reconstruction of Walnut Street between the railroad tracks to just south of 6"' Street adjacent to the Community Center. Mike Nielson reviewed the proposed assessment which affected two properties and a number of city owned parcels. Mayor Belsaas opened the public hearing. There was no one present to speak for or against the proposed assessment. Mayor Belsaas closed the public hearing. BRUCE THIELEN MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE WALNUT STREET IMPROVEMENT PROJECT NO. 98-13C AS PROPOSED. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Clint Herbst stated that all the assessment rolls should be looked at in light of the City Council coming up with an assessment policy on reconstruction projects 14. Public hearing and adoption of assessment roll - Elm Street Improvement Project No. 2000-08C. This project extended sewer and water to the Monticello RV Center. The cost of the improvement was split equally among the three property owners affected. Mayor Belsaas noted that at the public improvement hearing it was stated that the Council would consider giving the RV Center credit for the expenses they had incurred for design of a septic system. 0 Council Minutes - 10/23/00 Mayor Belsaas opened the public hearing. Tim Genung asked why the cost was higher than the estimate. It was noted that the original improvement had called for sewer only to be extended but when they Council ordered the project they included the construction of the water line as well. Tim Genung also asked about the line to his house. Someone from the Water Department will be contacting him on this. Mayor Belsaas closed the public hearing. BRIAN STUMPF MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE ELM STREET SEWER AND WATER IMPROVEMENT PROJECT NO. 2000-08C WITH CREDIT BEING GIVEN FOR THE SEPTIC SYSTEM DESIGN EXPENSE INCURRED BY THE RV CENTER FOR THEIR PROPERTY (155-500-104200,155-500-104201) AND WITH THE NOTATION THAT THE ASSESSMENT IS BASED ON ONE UNIT PER PARCEL. SHOULD THE PARCELS BE FURTHER DEVELOPED IN THE FUTURE, ADDITIONAL COSTS FOR SEWER AND WATER CONNECTIONS MAY BE CHARGED. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 15. Public hearing and adoption of assessment roll - Orchard Road Improvement Project No. 2000-07C. This project was the reconstruction of Orchard Road between the I-94 bridge and County Road 75. Since this is a reconstruction project, it was felt the assessment should be adopted with the understanding that with establishment of an assessment policy for reconstruction projects, the Council may look at the roll again. Mayor Belsaas opened the public hearing. There was no one present to speak for or against the proposed assessment. Mayor Belsaas closed the public hearing. BRUCE THIELEN MOVED TO APPROVE THE ASSESSMENT ROLL FOR THE ORCHARD ROAD IMPROVEMENT PROJECT NO. 2000-07C. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 16. Public hearing and adoption of assessment roll - Miscellaneous Accounts Receivable. Mayor Belsaas opened the public hearing on the proposed assessment for miscellaneous accounts receivable. There was no one present to speak for or against the proposed assessment. Mayor Belsaas then closed the public hearing. ROGER CARLSON MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE MISCELLANEOUS ACCOUNTS RECEIVABLE AS PRESENTED. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 17. Approve payment of bills for October. BRUCE THIELEN MOVED TO APPROVE PAYMENT OF BILLS FOR OCTOBER. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. E Council Minutes - 10/23/00 Added Items• Roger Carlson suggested that the City look at establishing some kind of policy that sets forth procedures so that the cemetery caretaker is relieved of policy making decisions, such as seeding the graves. BRUCE THIELEN MOVED TO SET POLICIES RELATING TO THE CEMETERY AFTER THE FIRST OF THE YEAR. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Barry Fluth requested that the Council consider assessing a portion of the connection fees for the proposed China Buffet to be located at retail shop on Locust Street. Barry Fluth felt these costs were relatively steep. Clint Herbst stated that there should be some follow up by staff when these charges are proposed so that the people affected are aware of the costs that they are looking at when a certain business use is proposed. CLINT HERBST MOVED TO ALLOW A PORTION OF THE CONNECTION CHARGES FOR THE PROPOSED RESTAURANT USE FOR THE LOCUST STREET SHOPS IN THE AMOUNT OF $12,000 TO BE ASSESSED. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Rick Wolfsteller asked about setting a date for a workshop on the assessment policy and the budget. It was proposed to hold the workshop meeting on November 16" at 5:30 p.m. Since the workshop on the assessment policy would not be until November 16"', consideration of any of the assessment rolls would be tabled until the November 27"' meeting. BRIAN STUMPF MOVED TO ADJOURN AT 10:20 P.M. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary HE