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City Council Minutes 03-24-2003MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL March 24, 2003 - 7 p.m. Members Present: Roger Carlson, Glen Posusta, Robbie Smith, Brian Stumpf, 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 March 10, 2003 special Council meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE MARCH 10, 2003 SPECIAL COUNCIL MEETING. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED WITH ROGER CARLSON ABSTAINING. B. Approve minutes of March 10, 2003 regular Council meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE MARCH 10, 2003 REGULAR COUNCIL MEETING. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH ROGER CARLSON ABSTAINING. 3. Consideration of adding items to the agenda. Jeff O'Neill requested that approval of the final plat for Groveland 4" Addition be added to the consent agenda. Glen Posusta requested that the Council give direction on the issue of outside employment by a city employee. Mayor Thielen noted that the Council has had this discussion before and he could update Council member Posusta on the Council's discussion. Glen Posusta stated that according to the City Administrator direction on how to handle this was to come from the Council. 4. Citizen comments/petitions, requests and complaints. Mayor Thielen explained the purpose of the citizen comments portion of the agenda. There were no citizen comments. -5. Consent Agenda A. Consideration of approving new hires and departures for Community Center and City Hall. Recommendation: Ratify the hires as identified. Council Minutes - 3/24/03 B. Consideration of approving a temporary on -sale liquor license for Ducks Unlimited Banquet and Riverfest - Applicant: Monticello Lions Club. Recommendation: Approve for the Monticello Lions Club a temporary consumption and display permit for the Ducks Unlimited Banquet on May 5, 2003 and a temporary on -sale license for Riverfest on July 12-13, 2003 C. Consideration of a resolution declaring intent to reimburse project costs through bond sale proceeds. Recommendation: Approve Resolution No. 2003-15 declaring intent to reimburse project costs through bond sale proceeds. D. Consideration to adopt a resolution endorsing special legislation bill. Recommendation: Approve Resolution No. 2003-16 endorsing special legislation bill to extend the five year rule to ten years for TIF District No. 1-22, City of Monticello. E. Consideration of accepting donation of land (Outlot A of River Mill Subdivision) from Rick and Roberta Murray. Recommendation: Move to accept Outlot A of River Mill as a charitable gift to the City of Monticello. F. Consideration of a request that the Planning Commission call for a public hearing on a Comprehensive Plan Amendment that establishes a ratio of single family to two family development. Recommendation: Move that the Planning Commission review the housing development goals for the City in areas guided for low density and consider initiating a comprehensive plan amendment process that would result in refined density and housing type standards in low density areas. G. Consideration of approval of final plat and development agreement for the Groveland Fourth Addition. ROGER CARLSON MOVED TO APPROVE THE CONSENT AGENDA WITH THE ADDITION OF ITEM 45G, FINAL PLAT APPROVAL FOR GROVELAND FOURTH ADDITION. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. None. 7. Continuation of public hearing on improvement to Cedar Street from Chelsea Road to north of Kjellberg's Park and Dundas Road from Cedar Street to County Road 117, Project No. 2002-06C. Kevin Kawlewski from WSB & Associates noted this was a continuation of the public hearing held on March 10, 2003. He gave a brief recap of the information presented on March 10, 2003. The 2 - Council Minutes - 3/24/03 f project was broken into parts and the improvements for each part and the estimated cost for the work was provided. Part I covers the area of Cedar Street from Kjellberg's to Dundas Road which includes sanitary sewer, watermain, streets, sidewalks, storm sewer and street lighting. The estimated cost for this portion of the project is $1,176,785. Part II is the portion of Cedar Street from Dundas Road to Chelsea Road and includes streets, storm sewer and street lighting. The estimated project cost is $519,210. Part III is the proposed improvement to Dundas Road which includes streets, storm sewer and street lighting at an estimated cost of $328,530. Kevin Kawlewski discussed the basis for the proposed assessment. Sanitary sewer, watermain, street lighting, street and sidewalks will be assessed based on front footage. Storm sewer would be assessed on a front footage basis if there is lateral benefit and on an acreage basis for undeveloped property. Based on these assessment procedures and the estimated projects costs, it is anticipated that the assessments for Cedar Street from Kjellberg's to Dundas Road would be approximately $26.14/per front foot for sanitary sewer; $44.29/per front foot for water; $17.40/per front foot for storm sewer with $3,462/acre for contributing area and $142.24/per front foot for street costs. The estimated street costs for Cedar Street from Dundas Road to Chelsea Road is $163.37 per front foot and the estimated cost for the improvements to Dundas Road is $151.39/per front foot. Kevin Kawlewski stated at this time the Council is being asked to proceed with the Cedar Street portion from Dundas Road to Kjellberg's. The other portions of the project may be added at a later date. It is anticipated that bids will be received on April 25, 2003. There were no questions from the Council. BRIAN STUMPF MOVED TO REOPEN THE PUBLIC HEARING FOR PROJECT NO. 2002-06C, CEDAR STREET IMPROVEMENTS. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Mayor Thielen reopened the public hearing. Mayor Thielen asked if there was a proposed assessment for the Amax property. Kevin Kawlewski indicated there was. Mayor Thielen then asked the City Attorney if a Council member who is a property owner affected by a proposed city project should handle Council consideration of the item. City Attorney, Matt Brokl, indicated that the Council member could participate in the discussion but would need to abstain from voting on the issue. No one else spoke for or against the proposed assessment. Mayor Thielen then closed the public hearing. BRIAN STUMPF MOVED TO ORDER THE PROJECT AND APPROVE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF CEDAR STREET FROM DUNDAS ROAD TO KJELLBERG' S PARK. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA ABSTAINING. Glen Posusta asked about the section of road that is not in control of the developer. Kevin Kawlewski indicated that the City is in negotiations with the property owner and he believes they J �— Council Minutes - 3/24/03 will be part of the project. He added that the specifications will be done so that this portion could be left out should the negotiations fail. City Administrator, Rick Wolfsteller, indicated that property owner would be amenable to the project provided the assessment cost is reasonable. Rick Wolfsteller stated that the negotiations are in process and he believes the City will acquire the necessary right of way. However, should negotiations fail, the City could condemn the property. Glen Posusta asked for the total cost per property owner. Kevin Kawlewski indicated that he did not have it broken down in that manner at this time but could provide that information later. 8. Consideration of approval of final location layout for Well #5 and pumphouse at Fourth Street Park and authorization to proceed with final design, plans and specifications and advertisement for bids. Public Works Director, John Simola, presented information on this item noting that he was asking for authorization for the well only at this time. He will being coming back to the Council at a later date for authorization to proceed with the pumphouse. The proposed location for the well is in the northeast corner of the Fourth Street Park in the area of the basketball court. A test well in this area indicated it was a good site and according to the hydrologist, 2000 gpm could be pumped out of this area without affecting the downtown wells. The Parks Commission unanimously approved the layout for the well at their March 20, 2003 meeting. John Simola stated that the basketball court will replaced using utility funds but a new site has not yet been determined by the Parks Commission. John Simola indicated that the 6" watermain located on Ramsey Street would also be replaced. He noted that the project would be financed using monies from the utility funds so there would be no assessments. There was some discussion on the water consumption and the need for the well. John Simola stated that implementing the odd/even watering ban helped reduce water consumption and even though the construction of a new well would handle current consumption, he felt it was still important to keep the watering ban in place as a conservation measure. The next step in the long term planning for the water system would be construction of another water tower. John Simola indicated that the water from the new well would run through the pipes but would not go through the reservoir. Glen Posusta asked how the chemicals used in treating the water would be applied to the water pumped from this well. John Simola stated they would be injected. It is hoped to have the well on line by the end of the year. Glen Posusta also asked about sprinkling systems. John Simola stated that ordinance had been amended to require rain sensors on all new commercial sprinklers and existing commercial sprinklers to be retrofitted by June 1, 2003. Mayor Thielen asked John Simola to check the sprinklers on Hart Boulevard to verify that they did have the sensors. GLEN POSUSTA MOVED TO APPROVE THE SITE SELECTION FOR WELL NO. 5 AND THE PUMPHOUSE IN THE FOURTH STREET PARK AS SHOWN ON THE PREPARED DRAWINGS, APPROVE THE SCOPE OF WORK BY LIESCH ASSOCIATES, COST ESTIMATES AND WORK SCHEDULE AND TO AUTHORIZE PLANS AND SPECIFICATIONS FOR THE WELL AND ADVERTISEMENT FOR BIDS FOR WELL N Council Minutes - 3/24/03 CONSTRUCTION. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of setting a public hearing date for the Core Street Reconstruction program. Kevin Kawlewski indicated that they are proposing to do Phase I of the Street Reconstruction Program and would schedule the public hearing for April 14, 2003. At that time the final feasibility report will be provided to the Council. Mayor Thielen stated it has taken the City awhile to get to the point where the City is ready to implement this program. The monies that the City has levied is the seed money and was not intended to cover the entire cost of the improvements. Each phase of the street reconstruction program will be funded by assessments as well as the levied funds. At the public hearing residents will be able to get all their questions relating to the improvements and estimated costs addressed. Brian Stumpf added that at this time the scope of Phase I has not been fully determined as the City is still waiting information on the condition of the utilities. ROBBIE SMITH MOVED TO SET A PUBLIC HEARING DATE OF APRIL 14, 2003 FOR PHASE I OF THE CORE STREET RECONSTRUCTION PROGRAM. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Report on design layout for the intersection of River Street and Prairie Road. John Simola provided the information on the proposed design layout for reconstructing the intersection of River Street and Prairie Road. Initially it was thought this work could be done by maintenance staff of the City and Wright County but now that does not appear to be the case. John Simola noted that the cost of relocating the railroad crossing was a major consideration in the design layout. WSB & Associates prepared a design layout and brought up several issues relating to the design that need to be addressed. John Simola reviewed these concerns with the Council and noted that some of these conditions existed out there already and they couldn't be corrected by this design. The street lights in that area would have to be relocated and it would be necessary to reroute traffic during construction. John Sirnola�tated he had received a letter from Larry Nolan a resident in this area also expressing concerns about the proposed intersection design including drainage, vehicle lights and increased traffic. The City Engineer and staff were asking the Council to authorize working with the county to see which design items can be corrected and to determine cost sharing for the improvement. The design would come back to the Council at a later date and if some of the design issues can be worked, the project would go in this year. Brian Stumpf asked if any easements would need to be obtained. John Simola responded that there is a possibility one easement may be needed. Brian Stumpf stated that this particular intersection needed to be made safer and felt the City needed to pursue eliminating some of the hazards of this particular intersection. Bruce Thielen asked if the Council had any plans for improvements to this segment of CSAH 75. John Simola indicated the County had just completed an overlayment and it was not anticipated to do any work on the road in the near future. 5 Council Minutes - 3/24/03 BRIAN STUMPF MOVED TO AUTHORIZE THE CITY STAFF AND CITY ENGINEER TO MEET WITH WRIGHT COUNTY ON THE PROPOSED DESIGN FOR RIVER STREET/PRAIRIE ROAD TO ADDRESS AS MANY ISSUES AS POSSIBLE AND TO DEVELOP A FINAL PLAN, SCHEDULE AND COST SHARING AGREEMENT TO BE BROUGHT BACK TO THE COUNCIL FOR APPROVAL AS A SUMMER PROJECT. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Consideration of appointments: Appointment of Council representative to EDA and Parks Commission and appointments to Police Commission vacancy and Planning Commission vacancy. The Council reviewed the positions that were open and it was noted that the Council representative to the EDA would be a voting member. Mayor Thielen asked Robbie Smith if he would be willing to serve as the Council representative to the EDA and he indicated he would. Dick Frie, Planning Commission Chair wanted it in the Council record that the applicants for the vacancy on the Planning Commission were excellent candidates which made the selection a much more difficult process. He hoped that the applicants not selected for the Planning Commission vacancy would consider serving the community when vacancies on other boards occurred. ROBBIE SMITH MOVED TO APPROVE THE COUNCIL APPOINTMENT OF ROBBIE SMITH TO THE EDA AND PARKS COMMISSION, THE APPOINTMENT OF DAVID RIETVELD TO THE PLANNING COMMISSION AND THE APPOINTMENT OF JON HOFF TO THE POLICE COMMISSION. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Consideration of payment of bills for March. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF BILLS FOR MARCH. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Glen Posusta commented on the bills noting the purchase of a truck for $15,000. He asked whether the purchase of equipment did not have to be approved by the Council. City Administrator Rick Wolfsteller stated that as long as the item is a budgeted item and meets the statutes as far as bidding requirements it did not come before the Council as a separate item for approval. Glen Posusta questioned why the City couldn't purchase their equipment locally. Mayor Thielen stated that the City cannot exclusively select vendors. Added Items: Glen Posusta stated that based on comments and concerns he had received from citizens, he did some investigation on a city employee who also did work for another city. Mayor Thielen stated that as a Council he didn't want the City to deal with this personnel issue as it could contain private and confidential 0 f 11 Council Minutes - 3/24/03 data. Mayor Thielen provided some background on previous Council handling of this matter. If there was an issue that Glen Posusta would like to put before the Personnel Committee he could do so. Glen Posusta stated that the City Administrator informed him that the procedure was to get direction from the Council. Glen Posusta began explaining information he had received. Mayor Thielen stated that if this was going to be an accusation it should not be done during a Council meeting. Glen Posusta stated he had no personal issues with the individual but was doing his job as a member of the Council. Mayor Thielen stated that the city had a governance policy stating that the City Administrator handles the personnel policy. The City Council acts as one voice and not as individuals in providing direction to staff. Glen Posusta reiterated that this was not a witch hunt but he was just trying to do the job he was elected to do. Brian Stumpf stated he did not want this discussion to go on without some direction. Brian Stumpf felt that if there was a perception that someone was doing other work on city time, it should be investigated. Bruce Thielen stated this was not the time or place for that discussion. Rick Wolfsteller stated the concern had been discussed in the past and when Glen Posusta asked him to investigate this, he responded with a memo stating this issue had been discussed and if he wanted anything further, the Council should give direction as to what they wanted done. Glen Posusta stated that with the information he had received, he felt this was something that should be looked into. Mayor Thielen stated that there was no basis for accusation and asked the City Attorney to comment on the discussion. Matt Brokl stated that were getting into specifics regarding employee performance. He indicated the Council could direct the City Attorney to investigate the procedure to handle this and report back or the Council could investigate this on their own. In that case the meeting should be closed, unless the employee being evaluated requested that it be an open meeting. Brian Stumpf clarified that as a full Council they have the right to investigate but not as individuals. He felt that any investigation considered should be handled by the Personnel Committee or City Administrator and personally felt that the issue had been addressed. Glen Posusta asked to be on the Personnel Committee. He was told there are currently two Council members on the Personnel Committee and additional Council members would make a quorum of the Council and the Personnel Committee would have to meet all requirements of the Open Meeting laws. Mayor Thielen stated that this type of employee performance discussion at a public meeting was a dangerous precedent. Glen Posusta stated he had a right to speak out. Mayor Thielen pointed out that the Mayor has the authority to give a speaker the floor. 13. Adjourn ROGER CARLSON MOVED TO ADJOURN AT 8:25 P.M. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 7