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City Council Minutes 11-10-2008Council Minutes: November 10, 2008 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday November 10, 2008 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski. Members Absent: None. 1. Call to Order and Pledge of Allegiance. Mayor Herbst called the meeting to order and declared a quorum present. The pledge of allegiance was said. 2A. Approve minutes of October 27, 2008 Regular Meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE OCTOBER 27, 2008 REGULAR MEETING. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. Approve minutes of November 3, 2008 Special meeting. SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 3, 2008 SPECIAL MEETING WITH A TYPOGRAPHICAL CORRECTION. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Susie Wojchouski added an update on measures to improve the delinquent miscellaneous accounts receivable process and an update on a second door for the existing DMV building. Brian Stumpf added an update on a business at Maple Street and Broadway with junk vehicles. He noted this site was operating under a conditional use permit. 4. Citizen comments, petitions, requests and concerns. Roxanne Bakula, 1306 Prairie Creek Lane asked the Council to stand strong and move forward with the fiber optics project. She understood that TDS had filed an appeal which she felt was an attempt to delay the fiber net installation. She urged the Mayor and Council to follow through on this project as competition is a good thing. Clint Herbst stated that TDS had 30 days after the dismissal of the lawsuit to file an appeal and they waited until the last day to file. Anita Nathan, Service Associate at Centerpoint Energy presented a check to Brian Stumpf of the Monticello Fire Department in the amount of $695 to be applied towards multi-gas detectors. This is part of a grant program which allows Centerpoint Energy to help local government purchase safety equipment and work on safety projects. Council Minutes: Plovember 10, 2008 5. Consent Agenda. A. Consideration of ratifying hires and departures for MCC, Liquor and Water Department. Recommendation: Ratify the hires/departures as identified. B. Consideration of approving a one-day charitable gambling license for a raffle for the Monticello Chamber of Commerce. Recommendation: Approve the application and authorize the Gambling Control Board to issue the charitable gambling license to the Monticello Chamber of Commerce to conduct a raffle on December 8, 2008 at River City Extreme, 3875 School Boulevard. C. Consideration of renewal of two year assessor contract with Wright County. Recommendation: Authorize the renewal of contracting assessing services with Wright County for 2010 and 2011 at a rate of $10.50/parcel. D. REMOVED FROM THE AGENDA E. Consideration to approve the reapportionment of assessments associated with the approved request for a simple subdivision for Otter Creek Crossing, Outlot C & D and approve waiver of surety bond for said assessments. Recommendation: Approve the request for assessment reapportionment for Outlots C & D of Otter Creek Crossing and to approve waiver of required surety bond. F. Consideration to call for a public hearing for the vacation of a portion of Highway 25/Cedar Street right of way. Recommendation: Call for a public hearing on Monday November 24th for the vacation of a portion of Highway 25/Cedar Street right of way. Items #SE and #SF were pulled from the consent agenda for discussion. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA CONSISTING OF ITEMS #SA, #SB, AND #SC. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. #SE Consideration of approving reapportionment of assessments -Outlots C & D of Otter Creek Crossing: Susie Wojchouski asked Joel Jamnik, City Attorney about the statute and the allowance for waiving the surety bond. Joel Jamnik assured her it that it was allowed. SUSIE WOJCHOUSKI MOVED TO APPROVE THE REQUEST FOR ASSESSMENT REAPPORTIONMENT FOR OUTLOTS C & D OF OTTER CREEK CROSSING AND TO APPROVE THE WAVER OF REQUIRED SURETY BOND. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #SF Consideration of a calling for a public hearing for vacation of a portion of Highway 25/Cedar Street right of way: Brian Stumpf asked if it was the intent that the property being vacated was to be turned over to the adjacent property owner. Brian Stumpf 2 Council Minutes: November 10, 2008 asked if in the past the City had requested compensation for vacated right of way. Staff indicated that the City has a contract for deed with Robert Danner and vacation of the right of way is a provision of that contract. At the present time Mr. Danner is utilizing the right of way for his building. The City will however, be retaining a drainage and utility easement over the vacated right of way. Brian Stumpf asked if there are any assessments against the property. Staff said they would research this information and get back to him. BRIAN STUMPF MOVED TO CALL FOR A PUBLIC HEARING ON MONDAY NOVEMBER 24, 2008 FOR THE VACATION OF A PORTION OF HIGHWAY 25/CEDAR STREET RIGHT OF WAY AS DESCRIBED IN THE EXHIBIT TO THE AGENDA ITEM. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Conduct assessment hearing and adopt assessment roll for Kevin Longley Drive and Jerry Liefert Drive Street Improvements, City Proiect No.2008-1OC. City Engineer, Bruce Westby presented information on the improvements to Kevin Longley Drive and Jerry Liefert Drive. The Council was pleased that the costs came in lower than anticipated. Bruce Westby indicated that mailed and published notice on the hearing was provided as required by statute. He reviewed the construction schedule for the project noting that the work should be completed by the end of this week. The assessed costs included the mill and overlay of the streets and some gutter work. Curb and gutter repair/ replacement was not assessed nor was the new curb and gutter installed at the end of Kevin Longley Drive assessed. Single family homes and townhomes received one assessment and duplexes (there were three in the project area) received two assessments. The City park also received an assessment. The total assessed cost was $79,080.78 which came to $898.65 per unit. Funding for the project included $79,080.78 in assessments and $125,000 which was budgeted for the work. Clint Herbst opened the public hearing. No one spoke for or against the proposed assessment. Mayor Herbst then closed the public hearing. Clint Herbst reiterated that it was good to see the lower cost for the project. SUSIE WOJCHOUSKI MOVED TO ADOPT THE ASSESSMENT ROLL FOR KEVIN LONGLEY DRIVE AND JERRY LIEFERT DRIVE, CITY PROJECT NO. 2008-1OC. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Public Hearing for the vacation of a portion of Territorial Road, City Proiect No. 2005-21C. Shibani Bisson presented information on the proposed vacation of Territorial Road. The portion of the road being vacated runs from Washington Street to the southerly line of the railroad tracks. Because of the realignment of the road the City no longer needs the right of way. However the City will retain a drainage and utility easement. The vacated :right of way will revert to the school district. Brian Stumpf asked if the school district was notified and staff indicated they were. Council Minutes: November 10, 2008 Mayor Herbst opened the public hearing. No one spoke for or against the proposed vacation. Mayor Herbst then closed the public hearing. BRIAN STUMPF MOVED TO VACATE THAT PORTION OF TERRITORIAL ROAD FROM WASHINGTON STREET TO THE SOUTHERLY RIGHT OF WAY LINE OF THE BNSF RAILROAD AS SHOWN ON THE WSB DRAWING DATED OCTOBER 13, 2008. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Canvass of 2008 election results. The Council reviewed the results of the 2008 municipal election. BRIAN STUMPF MOVED TO ADOPT THE RESOLUTION DECLARLING THE RESULTS OF THE 2008 GENERAL ELECTION FOR THE MUNICIPAL OFFICES OF MAYOR AND COUNCIL. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Tom Perrault and Glen Posusta were congratulated on their election to the Council and Clint Herbst's election as Mayor. The Council thanked Wayne Mayer for serving on the Council. 12. Consideration of approval of a Memorandum of Understanding between the City of Monticello, Wright County and the YMCA outlining the phased purchase of the Bertram Chain of Lakes (YMCA) property including provisions fora $1/year lease agreement for land needed in conjunction with development of an athletic complex. Jeff O'Neill provided background information on the item. This is an agreement between the City, County and YMCA regarding a sequential purchase of the YMCA property over a period of time. This agreement was put together with the help of the YMCA Task Force. There was an effort by the City and County to acquire funding for the property through state bonding but it was not successful. The Task Force then looked at purchasing the property over time. The proposal calls for a selling prices of $20.5 million and allows for acquisition on an incremental basis. The property has been laid out into 13 parcels. It is proposed to purchase parcels SA and 6 in 2008 using fiznds the City received from LCCMR. The County would provide the upfront money and the City would pay the County back over a period of years. These funds would be derived from existing park dedication funds and any shortfall would come from bond funds not needed to pay off debt. The first purchase increlnent represents 17% of the land area. Parcels #1 and #2 are the locations for the proposed ball fields which are needed by the community. Parcels #1 and #2 would be leased at $1/year so that the fields could be developed. In 2009 parcels 7, 1 and 2 would be purchased with the cost split equally between City, County and State. The next phase would acquire parcels 8, 9, 10 and 13. The proposal would leave the YMCA with area they could develop if the phased approach for the land purchase does not work. The YMCA will hold the price at $20.5 million through 2013. Jeff O'Neill noted some of the benefits of this proposal for the parties involved. If the Council approves the Memorandum of Understanding staff will work out the details of the purchase and lease agreement. The City may also include a public meeting on the matter which has tentatively been set for December 1, 2008 at 5:30 p.m. Brian Stumpf and Susie 4 Council Minutes: November 10, 2008 Wojchouski indicated that they have a conflict with the December 1St date. Staff noted the date has been set forth in the newsletter and on the website and felt it should be held on that date. Staff indicated there maybe more than one informational meeting so the Council would still have an opportunity for involvement. The lease agreement and purchase agreement should be set up prior to the end of the year. If the City does not meet the state schedule they could lose their funds from LCCMR. Brian Kirk from the YMCA and Pat Sawatzke Wright County Commissioner were present at the meeting. Brian Stumpf said one of the comments he hears from people is that the City of Monticello residents are going to be hit twice on taxes; once from the City and once from the County. Jeff O'Neill said they do have the tax impact information and will be presenting it to the residents. Finance Director, Tom Kelly said it was projected that for the County the tax increase would work out to $7.54/year and the City's portion if the acquisition was bonded for would be another $59/year which is assuming the state pays their portion Without the state participation the numbers are doubled. Jeff O'Neill said these figures do not include any park dedication money going towards the project. Jeff O'Neill stated the agreement was proposed with the premise that City wants a payment at $475,000 a year. Pat Sawatzke spoke regarding the acquisition of the property over time. He noted. the County Board would agree to upfront the costs as indicated. If the state had come up with $8,000,000 or $9,000,000 in cost participation the County probably would have bonded for the project. Pat Sawatkze said the funds from the state have come from the lottery money so there should be no impact on the state portion of an individual's taxes. Pat Sawatkze said the County would be taking the funds for this project out of their capital improvements funds. The County is not levying for this but using capital reserves would mean that other capital improvements may not be funded. Pat Sawatzke commented on the acquisition costs. The state's participation will amount to $9,000,000; $5,750,000 will come from the County and $5,750,000 from the City. Future dollars from the recently passed Clean Water Act would have funds available in 2010 which the City and County could pursue. Susie Wojchouski asked if someone is working on the application for funds under the Clean Water Act. Pat Sawatzke said the grant process for these funds have not been worked out yet and the first monies will not be distributed unti12010. Pat Sawatzke noted that both the City and County up to this point have been making efforts to get public input which is generally a requirement before spending grant money and he felt a lot of public input has been received thus far the regarding the value of the property. He suggested that the City and County work jointly on the public input process so as not to duplicate efforts. The County has zoned this area in the County's Comprehensive Plan for public use. WAYNE MAYER MOVED TO APPROVE THE MEMORANDUM OF UNDERSTANDING WHICH OUTLINES THE PHASED PURCHASE OF THE YMCA PROPERTY AND A $1lYEAR LEASE AGREEMENT FOR LAND NEEDED 1N CONJUNCTION WITH THE DEVELOPMENT OF AN ATHLETIC COMPLEX WITH FINAL IMPLEMENTATION OF THE MOU AND EXECUTION OF A PURCHASE AGREEMENT TO BE WITHHELD PENDING A COMMUNITY MEETING ON DECEMBER 1, 2008. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. 5 Council Minutes: November 10, 2008 10. Consideration of authorizing preparation of plans and specifications for North Frontage Road Improvements, City Proiect No. 2008-19C. City Engineer, Bruce Westby made a presentation on this project which will extend 95th Street to East Broadway. This proposal has been in the draft Transportation Plan for a number of years. It was planned to go forward with the reconstruction of the bridges on CR 75/I-94. MnDOT has now indicated they plan on reconstructing the bridges in July, 2009. It is in their budget so the project is going forward. City staff is asking authorization to prepare plans and specifications for the frontage road. In order to have the work included as part of the MnDOT project the plans would have to be submitted to MnDOT by the end of November. 95th Street is south of the River Mill development and west of the Sunset Ponds Development. As part of this project the cul-de-sac on 95th Street would be removed. Clint Herbst asked if there was a reason why they couldn't put the road up tighter so that the ramp area could be utilized. Bruce Westby said that was their first consideration but MnDOT said when this is fully built up to three lanes in each direction the state would need additional area for ponding and they would use the right of way area for that. Bruce Westby added that with this proposal the City is still on the edge of MnDOT property. Concern has been raised in the transportation plan about allowing traffic from the northeast area going to Monticello (865 acres of developable land) to use some of the internal roadways to funnel traffic down to CR 39. Brian Stumpf asked about bringing traffic up to Broadway without CR 39 and CR 18. He felt that would result in pushing traffic through more residential areas and he questioned if that is where the City want to direct the traffic. Bruce Westby said MnDOT will not allow the use of the east bound ramp. When the interchange was under construction it was a MnDOT condition that this ramp remain closed. ;fohn Simola noted there is ponding in the area as well. Bruce Westby said the traffic volumes are not projected to be high. If the frontage road is not built Gillard Avenue would have to eventually be improved from a rural section street. Bruce Westby provided information on traffic counts. Gillard Avenue has 1000 ATD. Fully developed and without a frontage road it would be 2500 ATD. A frontage road would receive 1900 ATD and Gillard Avenue would be reduced by 600 ATD. This project would allow direct pedestrian access to Broadway or CR 39. Another prime consideration is being able to partner with another agency and have an opportunity for cost sharing. The frontage road if built as proposed would be $950,000 if the City was doing it alone. If it was done in conjunction with MnDOT it would save the City $176,000. Funding for this project could include reserves but Bruce Westby didn't see how assessments would apply in this case. Because of the time frame for this project to go forward the assessment process under statute 429 would not work. The Council would have to make some kind of decision tonight in order to get the plan to MnDOT. He added there would be visual impact for some of the residents. The City could schedule a public informational meeting on November 24, 2008. Tom Perrault asked about moving the road over so that it could open up an area far residential lots. The potential development of these lots could help fund the project. Bruce Westby said MnDOT would like to retain the 175' of right of way. The question was raised about noise barriers. Bruce Westby said he had not heard anything back from MnDOT but his understanding was that MnDOT is not considering any noise 6 Council Minutes: November 10, 2008 abatement at this time. Their rationale is that the freeway was constructed before the development came in. Clint Herbst felt the City should be a little more aggressive on the noise abatement issue. Brian Stumpf questioned whether the road should go in at all. They are just pushing traffic into another area. Brian Stumpf felt the City should be pursuing what is right for the City. Brian Stumpf said if development is going to go in east of Tyler East it could force the County to step up to do something with the county road. Susie Wojchouski said she thinks the City is years away from development in that area. She did not think it was necessary to put the road in now as long as the City retains the area needed for the roadway. Clint Herbst felt it would be a good idea to look into it. Tom Perrault said the City was thrown for a loop because MnDOT is moving ahead faster than anticipated. Brian Stumpf said he does not like the timing of the project or the plans and felt that the City is not doing it for the right reason. Clint Herbst disagreed saying it was a safety issue and that the project will cost more to construct in the future. Wayne Mayer said he would not like to see anything from this project assessed against future developments as they will have it tough enough. BRIAN STUMPF MOVED TO DENY AUTHORIZING PLANS AND SPECIFICATIONS FOR AFULL-BUILD OF THE NORTH FRONTAGE ROAD, CITY PROJECT NO. 2008-19C. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT AND CLINT HERBST VOTING IN OPPOSITION. 11. Consideration to review for discussion and comment the construction of a uermitted use structure in an I-2 District. Staff received a proposal for construction of a Quonset type structure in I-2 area. This is a permitted use for that zoning district. Staff would like Council to discuss whether there are other possible areas where this type of structure could be situated. The address of the site is 1401 Fallon Ave which is zoned I-2 (heavy industrial). It is the first structure of this type and size to be built in the city. The building will have footings and JME said it will be placed parallel to Dundas Road. The I-2 district has no regulations as far as building materials. Although no Council action is required, staff wanted to make the Council aware of this proposed structure. The Council should decide whether this type of structure should be allowed in any districts beside I-2. The proposed facility would be used for storage of vehicles and equipment. Clint Herbst asked about life span for vinyl roofing. John Simola said he didn't know but added that this type of building is popular for sand/salt storage sheds. Clint Herbst asked about teaming with the state to store sand/salt. John Simola said at the present time Wright County stores the salt for the City and the City just has to place their order early. John Simola said he didn't believe the state had the room or facility for shared use. Added Items: Maple Street/Broadway: Staff was directed to look into the unlicensed vehicles at Maple Street and Broadway. Delinquent miscellaneous accounts receivable: Tom Kelly said they have been looking at the process for delinquent miscellaneous accounts receivables. The Finance Department is preparing a report that better breaks out the invoice to the PID number which will making tracking easier. He 7 Council Minutes: November 10, 2008 reported they are going through the first round of training on their new financial software and this system is better able to utilize PID numbers. Vestibule outside of DMV. Susie Wojchouski said since the building is drafty the City should consider installing a second vestibule which would help reduce the draft. Tom Kelly said he, John Simola and the MCC maintenance staff will be going to the DMV building to look at the list of repairs and maintenance needed for the building. Brian Stumpf asked if the e-mail received from business owner regarding a site for the DMV had been responded to and if not he suggested that someone contact the individual and let him know the status of the City's interest. 13. Consideration of approving payment of bills for November, 2008. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Adjourn. TOM PERRAULT MOVED TO ADJOURN AT 8:35 P.M. SUSIE WOJCHOUS:KI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 8