Loading...
City Council Minutes 11-24-2003MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, November 24, 2003 - 7 p.m. Members Present: Roger Carlson, Glen Posusta, Robbie Smith, Brian Stumpf and Bruce Thielen. Members Absent: None. 1. Call to Order and Pledge of Allegiance. Mayor Thielen called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of November 10, 2003 special meeting on annexation ROBBIE SMITH MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 10, 2003 WORKSHOP MEETING ON ANNEXATION WITH THE CORRECTION ON BRETT. HOLKER' S NAME. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. B. Approve minutes of November 10, 2003 special meeting on industrial land acquisition. ROGER CARLSON MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING ON INDUSTRIAL LAND ACQUISITION. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. C. Approve minutes of November 10, 2003 regular council meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 10, 2003 REGULAR COUNCIL MEETING. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. BRIAN STUMPF MOVED TO ADD AGENDA ITEM #13, REPORT ON 4 -WAY STOP SIGNS ON WALNUT STREET TO THE CONSENT AGENDA. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Glen Posusta requested that item #5A be removed from the consent agenda for discussion. 4. Citizen comments/petitions, requests and complaints. Mayor Thielen explained the purpose of the citizens comment portion of the meeting. No one spoke under citizen comments. Council Minutes - 11/24/03 5. Consent agenda. A. Consideration of installation of fence surrounding the Mississippi Room patio. Recommendation: Move to approve the purchase and installation of the fence for the Mississippi Room patio per the approved drawings. B. Consideration of ratify new hires for the MCC. Recommendation: Ratify the hiring of employees as identified. C. Consideration of a request for a conditional use permit for expansion of drive through banking facility and other site improvements. Applicant: Wells Fargo Bank, Minnesota, N.A. Recommendation: Approve the expansion of the drive-through banking facility as proposed including the interim improvements to the driveway, based on a finding that the plan facilitates the expansion of the bank site and that expansion would not be feasible within the design limitations noted in the Comprehensive Plan. D. Consideration of a request for a conditional use permit for concept stage planned unit development and consideration of a request for a conditional use permit and variance for parking. Applicant: Walnut Plaza Partnership. Recommendation: Recommend approval of the parking lot design with a zero setback, with the condition that a connection to the adjoining parcel is provided, and based on a finding that the PUD facilitates joint parking use which reduces the overall need for parking facilities in the downtown area. E. Review and acceptance of 2003 annual sidewalk inspection report. Recommendation: Accept 2003 Annual Sidewalk Inspection Report and authorize city staff to make repairs as necessary to the grid system, to notify the private property owners (off grid) to repair their sidewalks and to work with them due to the lateness of the season. F. Consideration of maintenance agreement with Wright County for that portion of County Road 117 south of the city limits to 85' Street. Recommendation: Approve a maintenance agreement with Wright County for that portion of County Road 117 outside the city limits south to 85" Avenue. G. Consideration of approving Change Order #1 to Gillard Avenue Pathway, Project No. 2001- l OC. Recommendation: Approve Change Order No. 1 in the amount of $857.90 for the Gillard Avenue Trail Improvement Project No. 2001-1OC. H. Consideration of final payment and acceptance of work for the Gillard Avenue Pathway, Project No. 2001-10C. Recommendation: Approve request for payment #3 and final in the amount of $,13667.44 to Sunram Construction, Inc. for the Gillard Avenue Pathway Project No. 2001- l OC subject to receipt of final paper work 2 Council Minutes - 11 /24/03 I. Consideration of final payment for Front Street Reconstruction, Project No. 2001-06C. Recommendation: Authorize final payment in the amount of $12,046.65 to Schluender Construction Inc. for the improvements to Front Street, City Project No. 2001-06C subject to receipt of required documents with the two year warranty period to commence as of November 24, 2003. J. Consideration of changing the name of Oakwood Avenue to Edmonson Avenue between Chelsea Road and School Boulevard. No information submitted on this item. ROGER CARLSON MOVED TO APPROVE THE CONSENT AGENDA WITH AGENDA ITEM # 13 ADDED TO THE CONSENT AGENDA AND ITEM 5A REMOVED FROM THE CONSENT AGENDA. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. Item 5A consideration of installation of a fence surrounding the Mississippi Room patio was pulled for discussion. Glen Posusta stated he was of the understanding that a fence had been purchased for the patio area and wondered why that could not be used. Bruce Thielen stated that a vinyl fence had been purchased for the area but the MCC didn't feel it was appropriate for that use. Since there were funds contributed for the construction of this project, it was decided to something that would go with the design of the building and make it more rentable. Glen Posusta asked how much in additional fees the MCC thought this would generate. Kitty Baltos, Community Center Director, said at this time she couldn't provide an estimate since fees had not been set. She noted there was a loss of rentals for the facility because of the view and also there were security concerns. Glen Posusta was concerned about spending $3,000- $4,000 for the vinyl fence that would not be used and since they are proposing to spend $20,000 for another fence, he wanted to know what the pay back would be on it. Kitty Baltos stated that it would only be used in the summer months and would be an upgrade to the Mississippi room. She indicated that the vinyl fencing would be used on city owned property on Linn Street. Glen Posusta also stated he had a concern with the material which was rough sawn cedar. This is the same fencing material the fire department had and he noted the maintenance problems with that type of fencing. Kitty Baltos stated that they decided to go with cedar fencing because there aren't many cheap options for fencing that would provide the privacy needed. Bruce Thielen added that the MCC Advisory Board looked carefully at this issue before making their decision. Glen Posusta expressed concern about spending $20,000 without council approval. Rick Wolfsteller stated that the only work authorized was the footings and regardless of what type of fencing was installed, the footings would be required. Brian Stumpf asked if the MCC could look at something more maintenance free. Glen Posusta questioned whether there would be liability concerns with the rough cedar fencing. Kitty Baltos stated the area would be landscaped with plantings so that the fence would not be easily accessible to young children. Council Minutes - 11/24/03 ROBBIE SMITH MOVED TO APPROVE AGENDA ITEM 5A RELATING TO THE PURCHASE AND INSTALLATION OF A FENCE FOR THE MISSISSIPPI ROOM PATIO AS PROPOSED BY THE MCC ADVISORY BOARD WHO HAD STUDIED THE ISSUE. ROGER CARLSON, ALSO NOTING THE MCC ADVISORY BOARD STUDY OF THE ISSUE, SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION. 7. Public Hearing - Consideration of adopting supplemental assessment roll for Core Street Reconstruction Phase I Project No. 2002-14C. City Administrator, Rick Wolfsteller, provided background information on the supplemental assessment. There were three parcels under the core street project proposed for additional assessments. In two of the cases, the structures were duplexes that had been charged only as a single unit. On the third parcel the street assessment had not been applied to the two residential units on the lot. Each of the parcels received a mailed notice regarding the supplemental assessment. Mayor Thielen opened the public hearing on the supplemental assessment. No on was present who spoke for or against the proposed assessment. Mayor Thielen then closed the public hearing. Glen Posusta asked about the assessment given Emerald Estates. Bret Weiss, City Engineer, indicated they were assessed at the non-residential rate of $55/ft. BRIAN STUMPF MOVED TO ADOPT THE SUPPLEMENTAL ASSESSMENT ROLL FOR THE CORE STREET PHASE I IMPROVEMENT PROJECT NO. 2002-14C AS PRESENTED. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Public Hearing - Consideration of adopting supplemental assessment roll for CSAH 75 Improvements, Project No. 2000-16C. City Administrator, Rick Wolfsteller noted that this assessment hearing was the result of the request by the Prairie West Townhome Association to have the assessment for their common area split equally among the units in the townhome development. Mayor Thielen opened the public hearing. Janet Bridgland at 1317 Prairie Creek Lane spoke thanking the Council for their consideration of spreading the assessment out in this manner and suggested that a follow up letter be sent out to the individuals in the townhome development providing information on the payment procedures and the cut off date to avoid interest on the assessment. Mayor Thielen closed the public hearing. ROBBIE SMITH MOVED TO ADOPT THE SUPPLEMENTAL ASSESSMENT ROLL FOR CSAH 75 IMPROVEMENT PROJECT NO. 2000-16C FOR THE PRAIRIE WEST TOWNHOME UNITS IN THE AMOUNT OF $105.84 PER UNIT. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Council Minutes - 11/24/03 9. Review of recommendations of staff on assessment appeals. At the public hearings for the assessment of the CSAH 75 and Core Street improvement projects held on October 27, 2003 a number of residents had filed objections to their proposed assessments. The Council directed staff members to meet with the individuals in an attempt to clarify the assessment policy and to verify that there were no inaccuracies in the assessment calculations. The affected property owners were notified by letter of the scheduled review time for meeting with staff. The recommendations of the review group was being brought back to the Council at this meeting. Rory Zitur of 354 West Broadway spoke to the Council. He questioned why the procedure outlined in the assessment notice had not been followed by the City. He also questioned why city staff and council members were not part of the review group. He felt that a council member or City Administrator should have been part of the review group. He brought up the issue of being damaged because of loss of access to his property. Mr. Zitur stated he did not have an opportunity to discuss his assessment concerns with the Council. He asked if the Council thought the residents were being treated fairly. Bruce Thielen responded that the Public Works Director is a staff member and although the City Engineer and City Attorney are contracted, they were considered staff members. Mr. Zitur stated his belief that these individuals had a conflict of interest. He also contended that the Council and staff felt that individuals would not appeal the assessment because of the cost to do so. He reiterated his statement that Council and other staff members should have been included in the review group. Bruce Thielen pointed out that the City Council set the assessment policy and that the review group was to verify that the policy was accurately applied. The City tried to spread the cost in a manner that was fair and equitable to everyone. Rory Zitur stated that removal of his access was a concern. It was pointed out that other properties had also lost access. Bret Weiss stated that whether the property owner was damaged was a different question than if they should pay the assessment. Bret Weiss noted the Council had made adjustments such as changing the rate from $70/sq. ft. to $55/sq. ft.; from assessing 100% on both sides for a corner lot to assessing 100% on one side and 50% on the other side. Bret Weiss emphasized that it was the Council who sets the policy not the staff. He added that the City of Monticello followed an assessment process similar to that of other cities. Bruce Thielen suggested approving the recommendations of the review group excluding the Zitur property. Brian Stumpf, Bruce Thielen and staff members will meet with Mr. Zitur on his assessment concerns. Glen Posusta stated that one individual was told that if his property was like the Zitur property the City could do something for him. Bret Weiss addressed this noting that one property owner said he had been damaged by this project and Bret Weiss had responded that they had two people who came in who said their access had been cut off. Bret Weiss felt the statement was taken out of context. City Attorney, Matt Brokl pointed out that the assessment was 5 Council Minutes - 11 /24/03 originally adopted October 27, 2003 so only a few days remained to file with the district court. It was recommended that Bruce Thielen, Brian Stumpf and staff members meet with Mr. Zitur on Tuesday at 4 p.m. with Mr. Zitur to confirm this time. Bret Weiss stated that Doug Franks had a concern about his driveway which was concrete but had been paved over with bituminous by the county. Bret Weiss met with Doug Franks and county representatives regarding this matter. The county representatives indicated the county had followed their policy and that Mr. Franks had agreed to the bituminous paving. They had discussed possible solutions but Mr. Franks had notified Bret Weiss of his intent to file an appeal. Bret Weiss also addressed the school property assessment. The school had requested a reduction in the amount of the proposed assessment. Bret Weiss was concerned about reducing the assessment because of the impact it could have on upcoming projects such as School Boulevard and Fallon Avenue. The school district felt since the ballfields were used for more than just school functions, the cost should be reduced or picked up by the City. Bret Weiss did not feel a change in the assessment was warranted. BRIAN STUMPF MOVED TO APPROVE THE RECOMMENDATIONS OF THE REVIEW COMMITTEE FOR THE CSAH 75 AND CORE STREET PROJECT EXCLUDING THE ZITUR PROPERTY. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of funding proposals for MYHA arena facility. Roger Carlson, representatives of the school district and the Monticello Youth Hockey Association. The MYHA wants to build an ice arena as an attachment to the middle school. Rick Wolfsteller reviewed the funding for the proposed arena. The original request was for $50,000 for 10 yeas and the waiving of SAC, WAC and building fees. What is now being proposed is an agreement that would have the City contribute $40,000 for 10 years, waive SAC, WAC and building fees except for any state surcharges and develop an agreement where the City would get 100 hours of open ice time in exchange for their cash contribution. Brian Stumpf asked who would be liable for any shortfall in operating revenues. Rick Wolfsteller indicated that the school and the MYHA would be liable. MYHA would like to use the City's tax exempt status for bonding purposes but if the City did this, the City would not be obligated for the bond debt. Glen Posusta asked Steve Hammer from the MYHA to address the shortfall question. Steve Hammer replied that they don't anticipate a shortfall but both the school district and the MYHA are setting up reserve funds to cover any possible shortfall. Steve Hammer stated that current cash flow projections do not take into account any growth in the area for hockey use. Glen Posusta stated that some people believe there is a circumvention of procedures in order to get this facility in place. Glen Posusta also felt that there should 150 hours of open ice time given for the City's contribution. Steve Hammer felt the 100 hours was comparable to D Council Minutes - 11/24/0' what others had done. Rick Wolfsteller asked how many months a year the facility would be open. Steve Hammer indicated that 9-10 months is the standard. Glen Posusta asked what the school is paying out for ice time. Steve Hammer thought it was around $30,000 a year. Steve Hammer also noted that the hockey association would have 540 hours of ice time. Brian Stumpf asked Glen Posusta what he meant by saying this project came through the back door. Glen Posusta responded that the ice arena had been part of earlier school referendums but that they had always been voted down when it came up as part of a bond issue. Bruce Thielen felt that by working together this facility could be constructed and he felt the recommendation of the committee should be accepted. Roger Carlson stated that a lot of good ideas had been discussed in coming up with this compromise. Steve Hammer anticipated having a joint board with the school district that would govern the operations of the facility. City Attorney, Matt Brokl suggested that the Council direct staff to prepare a letter of intent to be followed up by an agreement with the school district and the hockey association on the arena. ROBBIE SMIT MOVED TO DIRECT CITY STAFF TO PREPARE A LETTER OF INTENT WITH A FOLLOW UP AGREEMENT WITH THE SCHOOL DISTRICT AND THE HOCKEY ASSOCIATION FOR THE ICE ARENA FACILITY. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Glen Posusta stated that in lieu of purchasing advertising, an individual could make a donation toward the ice arena and he stated he would match any donation Mayor Thielen would make. 11. Consideration of Joint Fire Agreement Renewal City Administrator, Rick Wolfsteller summarized the history of the Joint Fire Board noting that it was established at the time of the annexation of the NSP property into the City. The original agreement ran for 10 years and had been renewed twice, each time for a five year period. The agreement expired in 2000 but it was only recently that the Joint Fire Board realized that the agreement had lapsed. Rick Wolfsteller state that the agreement is different from typical contracts for fire protection services. The Joint Fire Board established a formula for sharing the cost of operating a fire department and purchasing capital equipment. If the agreement was terminated, the capital equipment would be sold and the amount divided up based on the way the expenses were allocated. Rick Wolfsteller reviewed the amount the township contributed for the fire hall building noting that of a total of $950,000 for the building, the township had paid $75,000. The Council needs to determine whether to renew the agreement, make modifications to the agreement or terminate the agreement andoffer fire protection services to the township on a contract basis. The question is whether the Council wants to deal with this issue now or just continue the agreement for another year. Brian Stumpf stated that the Joint Fire Board has been meeting and bringing their decisions back to the city and township board as if the agreement was still in place. Brian Stumpf would like to see this continue for the time being and let the Joint Fire Board come up with a recommendation for the city and the township regarding the agreement. Bruce Thielen noted that right now there is no agreement in place. If the Joint Fire Board is to continue there 7 Council Minutes - 11/24/03 should be some kind of governing document. It was suggested with the annexation issue it might be better to come up with a short term agreement that would expire in December 2004 and have the Joint Fire Board work on a new agreement or per parcel contract and come back with their recommendation sometime in September or October. Brian Stumpf felt strongly that the Joint Fire Board should be looking at this issue. Rick Wolfsteller questioned whether they should use the same agreement language as there are some items that need clarification such as what qualifies as capital equipment and spelling out procedures when only one entity purchases capital equipment. Robbie Smith felt these were issues the Joint Fire Board should be discussing and Brian Stumpf felt some of this would be at the discretion of the fire chief. Bruce Thielen asked the City Attorney if there was something that could be put together within a couple of weeks. Rick Wolfsteller suggested going with a short term agreement through 2004 because he didn't feel the capital equipment and purchasing questions would come up in a short term agreement. City Attorney, Matt Brokl stated that right now there is no agreement and if they were proposing to make significant changes to the agreement, he would suggest sending it to the Joint Fire Board and offer to continue it for one year rather than try to come up with an interim agreement. It was suggested that the current position is to continue to operate as they have in the past through December 2004 and allow the Joint Fire Board to come up with recommendations to be present to the city and the township. Bruce Thielen stated that there is some frustration among the fire department members about going back and forth between the city and township to get approval for purchases. Some fire department members felt it would be simpler just to contract the service out and have the city own the equipment. Glen Posusta questioned who initially owned what equipment. The consensus of the Council was that the matter should be reviewed by the Joint Fire Board and the Council directed staff to provide support for the Joint Fire Board in coming up with a recommendation. 12. Review of snow removal policy. The snow removal policy was reviewed along with changes noted by the Public Works Director. Adam Hawkinson, Park Superintendent, stated that the CSAH 75 project added 1 1/3 mile of sidewalk to the system. Bruce Thielen felt the snow removal from sidewalks could be one of the lower priorities. Adam Hawkinson stated that the snow removal policy and ordinance required that the sidewalks be cleared within 24 hours of a snowfall. Bret Weiss stated that the sidewalk constructed as part of the Core Street Reconstruction project was an issue that Council needs to address. The residents had asked the City to maintain this newly constructed sidewalk. Brian Stumpf felt this should be included for maintenance by the City because it is a main artery to the elementary school. Bret Weiss stated that one concern is that since every development has sidewalk, it could put a strain on the manpower and equipment of the City if the policy requires snow removal from sidewalks. Brian Stumpf stated that this three block segment should not adversely affect the staff and equipment. Rick Wolfsteller concurred that the three block section would not break the City but pointed out that it does set a precedent because it is off the grid system. If the City does the maintenance in this case now can they not do it somewhere else. Bruce Thielen stated what you do for one ( you should do for all. How does one distinguish this situation from all other requests? Council Minutes - 11 /24/03 Dave Gerads, Kacey Kjellberg, Jenna Hanson and Colleen Ostlund spoke regarding their request to have the City maintain the sidewalk. They pointed out that the sidewalk is very close to the curb so snow and slush plowed from the street will end up on the sidewalk. Kacey Kjellberg said the design of the sidewalk created the hardship by putting the sidewalk where it would fit. BRIAN STUMPF MOVED TO APPROVE THE SNOW REMOVAL POLICY AS SUBMITTED WITH THE ADDITION OF THE NEWLY CONSTRUCTED SECTION OF SIDEWALK ON THIRD STREET TO BE ADDED TO THE SNOW REMOVAL POLICY. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. There was some additional discussion on the ordinance requirement to have the sidewalks cleared within 24 hours and whether that time frame was realistic based on current manpower and equipment. 13. Report from City Engineer on 4 -way stop signs on Walriit Street Included with consent agenda with the recommendation to provide an all -way stop condition at 3rd Street and 4" Street and add a stop sign to the private street across from City Hall. 14. Approve payment of bills for November. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF BILLS FOR NOVEMBER. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 15. Adjourn ROGER CARLSON MOVED TO ADJOURN AT 8:55 P.M. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 0