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City Council Minutes 03-27-1989MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, March 27, 1989 - 7:30 p.m. Members Present: Ken Maus, Fran Fair, Warren Smith, Dan Blonigen Members Absent: Shirley Anderson 1. Call to order. 2. Approval of minutes. Motion was made by Dan Blonigen, seconded by Fran Fair, and unanimously carried to approve the minutes of the regular meeting held March 13, 1989. 3. Citizens comments/petitions, requests, and complaints. None forthcoming. 4. Public Hearing - Streetscape assessment roll and adoption of resolution certifying to Auditor. Assistant Administrator O'Neill provided a project recap informing Council that the project is virtually complete with the final project cost amounting to $414,000, which is 2 percent above the budget amount of $405,000. In reviewing the proposed assessment roll, O'Neill noted that the assessment amounts are based on the actual bond cost of $437,000. According to the terms of the general obligation bond that was issued, at least 20 percent of the cost must be assessed to benefiting property owners. In preparing the final assessment roll for Council, O'Neill reported that the assessed amount proposed is 21 percent of the assessment total to provide Council with some leeway in reducing individual assessments without reducing the total assessed amount to less than 20 percent of the bond cost. O'Neill continued by saying the proposed assessment roll calls for assessing property owners on a front footage basis. Property located on corners were assessed based on the total number of feet fronting Broadway. The cost to develop all corner lots is spread among all properties fronting on Broadway. This method is consistent with the assessment policy of this project established before the project began. O'Neill went on to say that four properties within the assessment roll were singled out as receiving less benefit than the majority of the properties; and these properties received only sidewalk and some landscaping as part of their improvement. Such properties paid 20 percent of the actual cost of the improvements in front of their properties, plus the project overhead cost. Steve Johnson was in attendance and asked why the assessment roll is being prepared prior to the final completion of all components of the project. John Simola reported that the project is virtually complete and all items that remain to be done are covered by warranty or the City is holding final payment to assure that such work is completed. 1 5. 6. Council Minutes - 3/27/89 Council then discussed the method by which the assessment roll was calculated, with the general consensus being that the assessment roll as prepared represents a fair distribution of assessed costs. Steve Johnson mentioned that the retail committee understood that some inequalities in the assessment roll would be unavoidable; but since the City was proposing to pay for 80 percent of the project, potential inequities in the assessment roll became a minor issue. At that point in the meeting, the public hearing was closed. Warren Smith wondered about the 5 percent construction cost overrun and emphasized that it was his understanding that the project would be on budget. John Simola reported that the contractor is claiming that the bid specifications did not include enough materials to complete the concrete work; and therefore, the contractor was required to purchase extra concrete to complete the required work. Simola went on to say that now that the snow is gone, the City can take measurements of project areas in order to verify the contractor's claim. Ken Maus noted that requiring that the benefited property owners pay only 20 percent of the project cost is a deal no matter how you design the assessment roll. All in all, it's pretty fair. There being no further discussion on this topic, motion was made by Fran Fair to adopt the Streetscape assessment roll and adopt a resolution certifying the assessment roll to the auditor. Motion was seconded by Warren Smith. voting in favor: Ken Maus, Fran Fair, Warren Smith. Opposed: Dan Blonigen. SEE RESOLUTION 89-9. Consideration of adopting an ordinance granting franchise rights to Wright Hennepin Electric Association. This item was brought back to Council after being tabled at the previous meeting pending further staff research on the potential of taking action to encourage NSP to provide service to the area now serviced by Wright Hennepin Electric Association. After discussion, motion was made by Dan Blonigen, seconded by Warren Smith, and carried unanimously to adopt the ordinance amendment granting a franchise right to Wright Hennepin Electric Association. SEE ORDINANCE AMENDMENT NO. 171. Consideration of petition for public improvements and authorizing preparation of feasibility study. Assistant Administrator O'Neill reviewed plans submitted by Dan Frie for development of phase I of the replatted portion of the Meadows Subdivision. O'Neill reported that Dan Frie is asking the City to participate in the development of phase I by installing the portion of Marvin Elwood Road that provides the outlet from the neighborhood to River Street. Frie further asks that the cost of the improvement be assessed to the benefiting property owners, which includes himself and Edgar Klucas. Dan Frie suggested that development of the segment of K Council Minutes - 3/27/89 roadway by the City would be beneficial to all parties involved. Council agreed that this segment of roadway is necessary. Motion was made by Warren Smith to set a public hearing for 7:30 p.m., April 10, 1989, on improvements to Marvin Elwood Road at River Street. Motion was seconded by Fran Fair and carried unanimously. 7. Consideration of resolution entering into a cooperative agreement on traffic signals at River Street and Highway 25. After discussion, motion was made by Dan Blonigen, seconded by Warren Smith, to approve a resolution entering into a cooperative agreement on traffic signals at River Street and Highway 25. Motion passed unanimously. SEE RESOLUTION 89-10. 8. Consideration of Council recommendation regarding rezoning request within OAA (Bohanon property). Assistant Administrator O'Neill requested that Council provide its recommendation regarding the rezoning request to the City Council representative to the Orderly Annexation Area. O'Neill reviewed the rezoning proposal submitted by Mark Wolston, which calls for the rezoning of 260 acres which is located east of Silver Springs Golf Course and west of property rezoned one year ago by Mr. Wolston. This property has previously been under the ownership of the Bohanon and Hoglund families. O'Neill reported that the plan calls for development of 107 lots with an average size of 2.5 acres per lot. The plan had no provision for park development. Previous Council discussion regarding the future of this particular area was reviewed by O'Neill. He noted that Council has provided mild support for the development of the area so long as the design of the development allows for future extension of utilities and so long as the administrative structure is in place to assure that the actual development reflects any approved plans. Council had also taken the position that rezoning would occur only at such time that the demand warrants this type of development. O'Neill reviewed the information received from the Township regarding this proposal and informed Council that the Township was not in support of the rezoning because it is not consistent with the existing land use plan for the area and also because it is not consistent with the proposed land use plan that is now on the drawing board. O'Neill went on to report to Council that the rezoning request does not appear to be consistent with the development plan for the OAA area. He noted that sanitary sewer and water utilities are relatively close to the area proposed for rezoning. City trunk utility lines have been sized to accommodate the area and are available. Allowing development to occur without city sewer and water is inviting future problems associated with contaminated ground water and subsequent financial problems that result when area homes are ultimately serviced with city utilities. O'Neill noted that a major portion of the storm water that will be created by this development will pass through city systems. O'Neill informed Council that the City storm water systems may not have the 3 Council Minutes - 3/27/89 capacity to handle additional runoff created by the rezoned area and that any plans designed for the area to handle runoff must take into account the impact on the city system located downstream. O'Neill noted that no parks are provided for in the plan, and that city park facilities will be impacted by individuals from this area. Finally, O'Neill reported that the competition that will be created by this subdivision will impact the marketability of city lots developed with sewer and water which are located within the city. Peter Donahue, representing Mark Wolston, noted that there is a market for the lots that will be created by this rezoning and reported that the lots currently owned by Mr. Wolston in the Ponderosa I are now all sold to contractors. He went on to report that the Township is deferring any approvals of this proposal to the City. It was his view that the proposed subdivision is appropriate under an existing land use plan in that the area designated for rezoning is a major growth area that will not adversely impact adjacent uses. Drainage issues were addressed by Donahue whereupon he noted that the flow from the water shed will be negligible to the city systems. Finally, Donahue noted that the developer is willing to work out plans for parks. He would commit to placing a covenant on the title to assure placement of houses on the lots in a position that would allow for future resubdivision and would be willing to review all plans and specifications with the governing body and provide a developer agreement that will assure compliance with plans and specifications. Fran Fair noted her skepticism of the project and stated that she would be inclined to approve the subdivision if it included provision of city services. Ken Maus voiced his concern over the water runoff --what will the increase in density do to the city systems? He was not convinced of Wolston's assessment of the water runoff problem. It was also his view that it would be difficult for the City to monitor and administer a plan regulating placement of homes on lots, as the City has no jurisdiction in the area. Ground water pollution and the resulting economic impacts to local citizens of extending sewer and water service to the area was Dan Blonigen's major concern. He did not want to see the City holding the bag on financing the ultimate extension of sewer and water to the area. Charlie Holthaus of the Monticello Township was in attendance and reiterated the reasons why the Township was basically opposed to the rezoning request. City Engineer, John Badalich, was concerned about the additional water runoff that will be created by this development. He noted that even in a density of one home per 2.5 acres, an additional 25 percent increase in water could be created from this development, which would have a significant impact on the city systems. Warren Smith expressed his desire that the City promote well-planned expansion of affordable single family housing. It became the general consensus of Council that Council is not in support of the rezoning request as proposed. 4 Council Minutes - 3/27/89 9. Consideration of setting a special meeting to discuss EDA for April 3, 1989. A special meeting of the Council was established for Monday, April 3, 1989, at 6:30 p.m. 10. Consideration of re -authorization of plans and specifications for the reconstruction of Mississippi Drive. Mayor Maus reviewed problems in gaining timely information from the City Engineer, especially with regards to this specific project. Maus noted that the Council is not going to be passive and that the City pays good money to receive information on a timely basis. Council concurred that the City does not appear high on the priority list. John Badalich reported that the City of Monticello account is high on OSM's priority list. Badalich further noted that he will be providing his full attention to the account and will work hard with staff to rectify problems. After discussion, motion was made by Fran Fair, seconded by Warren Smith, to re -authorize development of plans and specifications for the reconstruction of Mississippi Drive. Motion carried unanimously. 11. Consideration of gambling license application renewals - Monticello Jaycees. After discussion, motion was made by Dan Blonigen, seconded by Warren Smith, to approve the gambling license of the Monticello Jaycees. Motion passed unanimously. Staff was also directed to request the previous year's summary of the use of the proceeds and require that future license applications be submitted 60 days before consideration, including summary of previous year's use of the charitable gambling proceeds. 12. Consideration of bills for the month of March. After discussion, motion was made by Warren Smith, seconded by Fran Fair, and passed unanimously to approve payment of bills for the month of March. Other Business Motion was made by Fran Fair, seconded by Warren Smith, to conduct a recycling seminar for all City employees. Funds for this seminar to be derived from proceeds resulting from recycling efforts of city employees. Motion passed unanimously. 5 Council Minutes - 3/27/89 Council tentatively scheduled the 1989 Junk Amnesty Day for May 20, 1989. There being no further business, the meeting was adjourned. Jeff O'Neill Assistant Administrator 1.1