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City Council Minutes 07-09-2007 Council Minutes: 7/9/07 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday July 9, 2007 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski. Members Absent: None 1. Call to Order. Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of June 25. 2007 Rel!ular Council Meetinl!. Tom Perrault noted on item #5N that Susie Wojchouski had seconded the motion and the motion passed unanimously. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE JUNE 25, 2007 REGULAR COUNCIL MEETING WITH THE CORRECTION NOTED. SUSIE WOJCHOUSKl SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. Approve minutes of June 25. 2007 Special Council Meetinl! - Rental Housinl! Ordinance BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE JUNE 25, 2007 SPECIAL COUNCIL MEETING RELATING TO THE RENTAL HOUSING ORDINANCE WITH TYPOGRAPHICAL CORRECTIONS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of addinl! items to the al!enda. The following items were added: 1) Update on group homes; 2) Update on 6th Street Sidewalk Project; 3) School Boulevard and Fallon Avenue; 4) Weeds on Meadow Oak Drive. Mayor Herbst complimented the Public Works Department on the clean up they are doing in preparation for River Fest. River Fest brings in a number of people from outside the community and it's an occasion where the City should look its best. He urged residents to what they could to help make the city clean and appealing. Brian Stumpf commended Ollie Koropchak on the work she does in keeping the flower in the median along CSAH 75 in good shape. Susie Wojchouski pointed out that the parade route passes the Community Center. MCC parking will not be available for those coming to the parade. Parking for the wedding being held at the MCC will be at the liquor store parking lot. 4. Citizen comments. petitions. requests and concerns. No one spoke under citizens comments. 1 Council Minutes: 7/9/07 5. Consent A2enda: A. Consideration ofratifying hires and departures for MCC, Water and Liquor Store. Recommendation: Ratify the hires and departures as identified. B. Consideration of approving appointment to fill vacancy on Parks Commission. Recommendation: Approve the appointment of Gene Emanuel to fill the vacancy on the Parks Commission with his term running through December 2009. C. Consideration of authorizing appraisal on the Jameson parcel. Recommendation: Authorize ordering an appraisal to determine the value of the Jameson parcel with staff to obtain quotes from qualified appraisers and authorize the work accordingly. D. Consideration of resolution approving renewal of charitable gambling license for VFW Post #8731. Recommendation: Adopt the resolution authorizing the State Gambling Control Board to approve renewal of the charitable gambling license for VFW Post #8731 to conduct charitable gambling activities at 713 Cedar Street. E. Consideration of offering Finance Director position to Torn Kelly. Recommendation: Authorize staff to offer the Finance Director position to Torn Kelly, current Finance Director for White Bear Township and direct staff to offer a starting salary. F. Public Hearing - Consideration of a request for appeal of denial of variance to signage height and area. Recommendation: No action is required as St. Benedict's has determined not to proceed with an appeal. G. Consideration of a request for simple subdivision, rezoning from B-4 (Regional Business) to PS (Public/Semi-Public) and amendment to planned unit development. Applicant: St. Benedict's Senior Care Facility/CentraCare, St. Henry's Catholic Church and Horne Depot, Inc. Recommendation: Approve the request for a simple subdivision, rezoning and amendment to the planned unit development based on a finding that the proposed use is consistent with the intent ofthe PS District and the existing planned unit development and subject to the simple subdivision being recorded with Wright County in October 2007. H. Consideration of placement of noise ordinance enforcement signs at all entrances to the City of Monticello. Recommendation: Authorize the purchase of signs and materials to erect 13 signs indicating "noise ordinance enforced" at the entrances to the City of Monticello at an estimated cost including freight of$820.25 with the funds coming from the Public Works budget. 1. Consideration of approving plans, specifications and bids for Hillcrest Park Play Structure. Recommendation: Approve the plans, specifications and bid from Midwest Playscapes Playground System for the play structure at Hillcrest Park. J. Consideration of modifying composition of the Fiber Optics Committee. Recommendation: Move to accept the request ofLynn Dahl to step off the Fiber Optic Committee. 2 Council Minutes: 7/9/07 Items #5C, #5H, #51 and #5J were pulled from the consent agenda. Wayne Mayer commented on the financial report received from the VFW on their charitable gambling operations. BRIAN STUMPF APPROVED THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #5C, #5H, #51 AND #5J. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent al!:enda for discussion. #5C Authorizing appraisal on Jameson property: At the present time the railroad crossing at Territorial Road will be eliminated in 2008 under the terms of an agreement with Burlington Northern Railroad. A new access will have to be provided to the Jameson property which would be equivalent to the current access provided to the site by Territorial Road. The City has been working with the property owners to get this access established. The Jameson family would like additional access because they want higher density development for the site than what there presently is. Higher densitpr development of this property is not agreeable to Busch, the adjacent property owner so the~ would not be in favor of providing anything more than the equivalent to the current access. Jeff O'Neill presented three options for the Council to consider: I) Cooperation between the owners in an effort to resolve the access issue; 2) Condemnation ofland for the roadway access and 3) City acquisition of the Jameson parcel. City staff felt that acquisition of the parcel was the best option. Staff was requesting Council authorization to either get an appraisal done on the Jameson parcel or negotiate a sale price with the property owner. Wayne Mayer stated he pulled this item because he didn't feel the City should be dealing with real estate issues. He didn't see anything wrong with Busch giving nominal access to the Jameson parcel. He thought acquisition ofthe parcel could stick the City with a redevelopment issue. Clint Herbst asked whose cost it would be to get the access road put in. Staff indicated the City would pick up the cost of the road. Clint Herbst noted that because of the terrain constructing a road to this parcel could be costly. It was felt in comparing the cost of the road construction to the acquisition of the parcel it may be less costly for the City to acquire the land. It was thought that the road construction could run $250,000-$300,000. Wayne Mayer asked if any other market analysis has been done on the property. Clint Herbst pointed out that St. Benedict's had looked at the site. Clint Herbst suggested staff get updated information on the cost of constructing the road. SUSIE WOJCHOUSKI MOVED TO AUTHORIZE PROCEEDING WITH GETTING A PURCHASE PRICE FOR THE JAMESON PARCEL AND MOVE FORWARD ON GETTING COSTS UPDATED FOR THE ROAD CONSTRUCTION AND ALSO INCLUDE ANY MARKET ANALYSIS DONE ON THE SITE WITH THE INFORMATION TO BE BROUGHT BACK TO THE COUNCIL. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5H Noise Ordinance Enforcement Signs: Brian Stumpf asked if the noise ordinance could be enforced without having to put up 13 signs. John Simola responded that he didn't feel the ordinance was enforceable without the signs. City Attorney, Tom Scott said unless there is some provision in the ordinance that requires posting of the noise ordinance, you do not 3 Council Minutes: 7/9/07 generally have to have signs. Brian Stumpffelt if the ordinance could be enforced without having to post the signs that is how it should be done. BRIAN STUMPF MOVED TO TABLE ACTION ON THE ITEM UNTIL THE NEXT MEETING TO ALLOW THE CITY ATTORNEY TO REVIEW THE ORDINANCE. In further discussion of the item, the Council felt that Section 6-1-10 of the City Ordinances should be included in the next newsletter. Wayne Mayer felt this was an ordinance that most people ignored. He stated that people should not be afraid to call the police when there is a noisy disturbance. Clint Herbst suggested using a portable sign that is placed in different areas on a temporary basis. Wayne Mayer felt the installation of "noise ordinance enforced" signs would be a preventative measure and would also serve to reinforce the fact that there is a noisen ordinance. Susie Wojchouski suggested that perhaps the number of signs be limited to four signs, one at each entrance to the community. Brian Stumpf felt there should be some common sense involved and an individual should not have to be reminded of the ordinance all the time. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #51 Hillcrest Park Play Structure: Tom Perrault stated the reason he pulled this item was because at the Parks Commission meeting it was discussed having a structure that included elements for those users between the ages of2-5. The sketch from Midwest Playscapes had the age group from 5-12. Parks Superintendent Seth Nelson stated that the lower deck and slide were for the 2-5 age group while the upper deck elements were for the 5-12 age group. Susie Wojchouski asked about the Eagle Scout participation on the project. Seth Nelson stated he had talked to the Eagle Scout about the project and came up with the supervised installation of the play structure. By having the installation done in this manner it would save approximately $7,000 in cost. John Rensberger, 9675 Haug Avenue NE, explained the Eagle Scout project he is proposing. He will be working with the playground equipment representatives on the installation process. Clint Herbst asked about the play structure being in the area of the power lines. Seth Nelson stated the structure will be grounded. SUSIE WOJCHOUSKI MOVED TO APPROVE PLANS AND SPECIFICATIONS AND BID FROM MIDWEST PLA YSCAPES PLAYGROUND SYSTEM FOR THE PLAY STRUCTURE AT HILLCREST PARK. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY #5G Sf. Henry's simple subdivision, rezoning and amendment to planned unit development: Although this item was not pulled from the consent agenda, Wayne Mayer asked about the fees for simple subdivision that were being waived. Staff informed him that the application fee for a simple subdivision is $200 and the deposit, which is based on acreage and with the site being less than one acre, was $2,000. The reason for waiving these fees was one of hardship because change in the alignment of 7th Street as a result of the interchange project created the situation. 4 Council Minutes: 7/9/07 #5J ModifYing Composition of the Fiber Optic Committee: Brian Stumpf questioned what the costs were for consulting fees as there was nothing listed in the agenda item and he felt there should be some idea given as to what the City is expecting to pay for consultants. Jeff O'Neill said they are not asking for any additional funding but only to have a consultant on board to help with marketing using the fun4s that have already been allocated. Brian Stumpf said he would like to see something as to where the City stands on funds that were allocated and expended. Wayne Mayer indicated that it is just an additional consultant to share funding that was already appropriated. Staff will give an update on what was appropriated and what has been expended. Tom Perrault asked if the consulting work would have to go out for bid. Tom Scott stated that consulting services are not subject to the bid requirements. BRIAN STUMPF MOVED TO ACCEPT THE PROPOSAL REQUESTING THAT LYNN DAHL STEP DOWN FROM THE FIBER OPTIC COMMITTEE. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Update on Stormwater Pond issues and public informational meetinl!s. City Engineer, Bruce Westby informed the Council that staff receives numerous requests from residents asking about stormwater easements and ponds. The questions relate to pond design, pond vegetation and why there is water standing in the pond. As the City continues to grow it is anticipated this will continue to be an issue. He is proposing to hold a number of informational meetings to educate the residents about the purpose of the ponding system and to make them aware of what can or cannot be placed within drainage easements. Bruce Westby cited instances where retaining walls, structures or extensive landscaping has been placed into the easement area. He would also like to do a meeting with realtors to make sure that they are aware of the issues and to encourage them to let the purchaser of a property know as well. The meetings will be noticed so if any of the Council wish to attend they are encouraged to do so. 8. Consideration to waive costs related to planninl! application review AST Sports. Gerald Paulson requested the Council to consider waiving payment of fees for costs that were incurred relating to the development of the AST Sports building. Angela Schumann from Community Development detailed the various deposits and expenses relating to the AST Sports building. Certain fees were the result of the application that had to go before the Planning Commission and other fees were collected with the building permit. Total expenses for the planning application process came to approximately $2,300 and the deposit submitted by Mr. Paulson was in the amount of $1 ,000. The discussion focused on semantics with Mr. Paulson indicating that it was not clear in the language of any documents submitted that the plan review fees for the application were something separate and different from the plan review fee charged as part ofthe building permit. Brian Stumpf asked if customers are made aware if they are running out of escrow funds. Cathy Shuman from the Finance Department stated that because of the time frame that invoices are submitted it is not always possible to provide current information. Staff noted 5 Council Minutes: 7/9107 that no other developers had questioned the difference between the planning review fees and the plan review done as part of the building permit. Gerald Paulson, 20201 215th Avenue, Big 'Lake, owner of AST Sports at 9749 Hart Boulevard addressed the Council stating he did not typify his position as waiving anything. They are asking the City Council to recognize that they have paid $2,600 for plan review. A $1,000 deposit was paid as per direction of city staff. Gerald Paulson said what should be noted is it is described as planning application deposit but it is actually planning review deposit. He quoted from a letter stating that the deposit covered plan review. The point is that they have paid every fee or deposit requested of them by city staff. He noted on the building permits $1,069.70 was for plan review. He felt the $1,000 deposit covered plan review. $2,679.70 was paid in the course of the project for plan review. Staff indicated that there was miscommunication in this process. Gerald Paulson said there was no communication until after the alleged overage. Only after he received the invoice from the City was there communication on the fees. Gerald Paulson pointed out in response to his request for information, the City submitted what was described as a detailed financial history report relating to his project. He stated that $250 and not $125 was paid for the planning application. Staff noted that the original application was for a conditional use permit which is $125 but there was no conditional use permit allowed for this use so the applicant had to apply for rezoning which is $250. Clint Herbst said that the City is at fault in part because it took so long to get the information out to Mr. Paulson but he didn't feel City residents should be paying for someone else's development costs. Clint Herbst said he was not in favor of waiving these fees. Clint Herbst felt the City has made significant effort to make the planning process easier and faster. Wayne Mayer asked if language clarification has been put in place to make that distinction between planning application review deposit and building plan review. Wayne Mayer asked Gerald Paulson if staff has made the process easier for him. Gerald Paulson responded that there was a lot of back and forth with staff about signs for the business. The building permit was issued for both parcels and then the City required them to record an administrative lot division. He also noted some difficulty in getting numbers for plantings needed on the site. They were initially informed 22 trees were needed. When they met with staff the number of trees had changed so they ended up with 50 or more trees. He stated staff was cordial and polite but it was quite a process to get this resolved. Gerald Paulson said while it is good that staff has taken steps to make this process better, he questioned why it couldn't have been available when they were in the process. He said they did everything city staff asked them to do. He is not concerned about what is going on now but was going on when they had their project. He takes umbrage when it is suggested they are trying to get something for nothing. Brian Stumpf commended staff for making changes to the process to make it simpler for people to understand. He has a hard time going to the taxpayers for the $1,300 that is due in fees. He felt if the process was that confusing then perhaps waiving of the fees is justified. Clint Herbst said the City is not responsible to make sure that everyone has equal knowledge about the process. He felt if you receive the service, you should pay for it. Susie W ojchouski questioned when the first notice of additional fees was received. Gerald Paulson said it was June of 2006 or approximately a year after the certificate of occupancy was issued. 6 Council Minutes: 7/9/07 Clint Herbst felt the City can't take fees off just because someone doesn't understand the process. Wayne Mayer asked if there is still confusion on Mr. Paulson's part why that amount of money is owed. Is he in agreement with amount owed or is it the timeliness of the billing that he questions. Gerald Paulson said that he is here not because they were confused but because they were told to pay $2,600 for plan review and that is what they paid for plan review. Jeff O'Neill said the application form state that the applicant will be responsible for all necessary consulting expense. The building permit and the building permit fees are separate from that. Wayne Mayer asked how long it took to get the final bill from the city. Staff explained in the planning process getting the final reconciliation may take 4-6 months and the applicant is told that it may take up to six months for that reconciliation process to be completed. Wayne Mayer noted that what is in place now is not what Gerald Paulson had to deal with. While making the changes were good it didn't help Mr. Paulson any. Susie Wojchouski said she understood why there might be some confusion. She did question the time between the certificate of occupancy and getting the invoice. Tom Perrault felt the development costs should not be paid by other taxpayers. Wayne Mayer asked if there were still bills out there from other projects. Cathy Shuman asked ifhe meant which ones were not reconciled. Wayne Mayer said the Council has been trying hard to expedite the process. Gerald Paulson is caught in the time warp between the old process and the new process. If Mr. Paulson's is one ofthe last projects then he doesn't have a problem with waiving the fees but he doesn't want to open a flood gate. Cathy Shuman said there were a number of developments in the same group as Gerald Paulson's but they have all paid their billed fees. CLINT HERBST MOVED TO DENY THE REQUEST FOR WAIVING OF DEVELOPMENT RELATED FEES IN THE AMOUNT OF $1,300.45 FOR AST SPORTS. TOM PERRAULT SECONDED THE MOTION. MOTION FAILED WITH BRIAN STUMPF, WAYNE MAYER AND SUSIE WOJCHOUSKI VOTING IN OPPOSITION. BRIAN STUMPF MOVED TO APPROVE THE REQUEST FOR WAIVING OF CITY EXPENSES AS INVOICED ON JUNE 29,2006 AS RELATED TO THE AST SPORTS PLANNING APPLICATION. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH CLINT HERBST AND TOM PERRAULT VOTING IN OPPOSITION. Clint Herbst felt this action was opening a can of worms and added that all developers should be treated the same in that they pay for the cost of developing. Wayne Mayer pointed out that in an earlier agenda item the development fees for St. Henry's had been waived. 9. Review of 2007 annual sidewalk inspection report and authorization of repair work. Public Works Director John Simola reviewed the 2007 Sidewalk Inspection Report. The report indicated that ten panels needed replacement and approximately 59 panels needed maintenance. John Simola explained the grid system and the City's policy for repairs to sidewalks on the grid system. The City will repair or replace up to two panels per property at 7 Council Minutes: 7/9/07 no cost to the property owner for sidewalk that is on the grid system. John Simola noted that one property had six panels that needed replacement. Since this is on the grid system the City would be replacing two of the panels and the property owner would be responsible for the remaining four. I Clint Herbst felt if the sidewalk was on the grid system the City should pay for the entire cost of maintenance and replacement of panels unless the property owner was responsible for the damage to the sidewalk. He also suggested that if any of the sidewalk repairs were in the area of future street projects the City should look at including the sidewalk work as part of the street project. John Simola said he will check with the property owner that had the six panels that need to be replaced to determine how the damage was done. John Simola said staff tries to get the sidewalk report to the Council in July to allow adequate time for staff to get the work done. Susie Wojchouski asked that at a future meeting the Council be updated on the parking lots downtown. John Simola responded that he has budgeted for repair work on the parking lots for a number of years but has been directed by the Council not to move forward with it. The parking lots are now at the point where they need to be replaced. The Council indicated that because ofthe possibility of redevelopment in the area the work on the parking lot had been deferred. John Simola also brought up a parking problem in the area of Sunny Fresh Foods. Vehicles are blocking the mailboxes of the residents in the area adjacent to the facility. It was discussed that clustering the mailboxes was a possible solution. John Simola noted that the striping information about Sandberg Road will be brought up at the next meeting. SUSIE WOJCHOUSKl MOVED TO ACCEPT THE 2007 SIDEWALK INSPECTION REPORT AS PREPARED AND TO AUTHORIZE THE NECESSARY REPAIR WORK. TOM PERRAULT SECONDED THE MOTION. It was suggested that the motion include discussion with Sunny Fresh Foods on the curb damage in their area as well as parking concerns and to look at where street projects were proposed to see if the sidewalk repair could be incorporated as part of those project. SUSIE WOJCHOUSKl AMENDED HER MOTION TO INCLUDE THE DISCUSSION WITH SUNNY FRESH AND THE REVIEW OF STREET PROJECTS TO SEE WHERE SIDEWALK REPAIR COULD BE INCORPORATED. TOM PERRAULT SECONDED THE AMENDED MOTION. MOTION CARRIED UNANIMOUSLY. Added Items: Audio Visual Equipment: Clint Herbst noted that the City is continuing to work with getting the audio equipment operating properly. Group Homes: Jeff O'N eill submitted current statutes relating to group homes. Group homes are considered a residential use and therefore should be allowed in any residential area. Brian Stumpf asked ifthe group homes have to comply with the City's parking ordinance or whether they fall outside the City's ordinance. Jeff O'Neill reported that the City of Golden Valley is trying to get legislation set up so that they have authority similar to that of St. Paul or Minneapolis that restricts how closely group homes are located to each other. Clint Herbst asked if the owners of group homes 8 Council Minutes: 7/9/07 have to notify the City when and where they are locating in the City. He felt it was unfair for adjacent properties not to be notified. 6th Street Sidewalk: City Engineer Bruce Westby informed the Council that an informational meeting has been set up with the residents on the proposed sidewalk plans for July 17, 2007. Brian Stumpf said a number of residents had expressed concern about the removal of trees because ofthe construction. The feasibility report on the project will be coming back to the Council on July 23, 2007. School Boulevard/Fallon Avenue: Tom Perrault indicated that a resident had asked that a four-way stop sign be placed at the intersection. They felt it was necessary because of the increase in housing in the area and with the proposed Chelsea Road construction project taking place. Bruce Westby said he is not aware of any discussion that included establishing a four-way stop at this intersection on a temporary basis and the intersection does not meet warrants to allow the installation of a four- way stop on a permanent basis. Bruce Westby said there is a meeting scheduled with the school district covering a number oftopics one of them being a four way stop at this intersection. Brian Stumpf asked about the four-way stop sign that was approved to be installed at Deegan Avenue and School Boulevard and why it has not been installed. Bruce Westby said that WSB has not finished their study on the signage and speed limits for the area. Rather than putting up some signs now and the rest when the study is finished they would do it all at one time. Susie W ojchouski asked about the signs on the Broadway that were taken down. John Simola thought the County was changing the mountings on the signs. Weeds Meadow Oak Drive: The Council noted weeds in that area. There was some discussion if the area of weeds was by Meadow Oak Drive or Meadow Oak Avenue. It was also brought up that there is bush at the intersection of County Road 39 and Elm Street that impacts the vision of vehicles traveling in the area. 10. Consideration of approvine payment of bills for Julv 2007. BRIAN STUMPF MOVED TO APPROVE THE PAYMENT OF BILLS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Adiourn. The meeting adjourned at 9:30 p.m. o c:u.o--Y\ J:\..-^-..o"C> ~ ?- Recording Secretary G 9