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City Council Minutes 11-12-2002( MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Tuesday, November 12, 2002 - 7 p.m. Members Present: Roger Belsaas, Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen. Members Absent: None 1. Call to order and Pledge of Allegiance. Mayor Belsaas called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2. Approve minutes of October 28, 2002 regular Council meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE OCTOBER 28, 2002 COUNCIL MEETING AS PRESENTED. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to theagenda. Clint Herbst added to the agenda a discussion on the Kjellberg connection to the sanitary sewer line and comments on development issues. Bruce Thielen added a discussion of cable tv use of joint trench for utilities and residency issues for a newly elected council position. Bret Weiss asked that an update on the drainage issues in various developments be included on the agenda. 4. Citizens comments/petitions, requests and complaints. None. 5. Consent Agenda A. Consideration of ratifying new hire for the Water Department. Recommendation: Ratify the hiring of a new employee at the Water Department. B. Consideration of denial of approval of a conditional use permit and variance allowing accessory uses including attached and detached garage in excess of 1200 square feet. Applicant: Craig and Naomi Schibonski. Recommendation: Deny approval of the conditional use permit request to allow construction of an accessory structure in excess of 1200 square feet for a total accessory structure area of 1404 square feet. Council Minutes - 11/12/02 C. Consideration of preliminary and final plat approval for Monticello Business Center 2nd Addition. Applicant: Michael Krutzig and Daryl Krutzig. Recommendation: Approve the preliminary and final plat for Monticello Business Center 2" d Addition with the following conditions: A) The owner of Outlot A to continue to work with the City on the alignment of Cedar Street and provide a blanket easement over Outlot A to allow flexibility with regards to the final road alignment. At such time that the final alignment is determined, the blanket easement will be replaced with the minimum right of way necessary for the selected alignment; B) A developer/owner agreement is approved spreading the full Cedar Street assessment amount across the benefitting properties. If Outlot A is not assessed, its share based on front footage shall be spread against the other benefitting properties; C) Approval is contingent upon integration of future site plan development/final plat with the City Engineer's road and utility plans for development of Cedar Street right of way. D. Consideration of approving final request for payment on sanitary sewer rehabilitation work on CSAH 75, Project No. 2000-16C. Recommendation: Approve final payment to Lametti & Sons in the amount of $58,357.50 for sanitary sewer rehabilitation work on CSAH 75, Project No. 2000-16C. CLINT HERBST MOVED TO APPROVE THE CONSENT AGENDA. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. None. Added Items: Cable TV - Bruce Thielen reported on comments from residents in the new developments that the cable tv company was not placing their cable in the joint trench with the other utilities. The reason given was that they could not afford to do so at this time. It was felt that it would be more costly for the cable company to come back at a later date and install their lines after yards are established and driveways are in. Rick Wolfsteller noted that the franchise agreement specifically states that the cable has to go in but it doesn't have to go in until there are so many home in. It was felt that the cable company is missing an opportunity by not using the joint trench. Rick Wolfsteller is working with the cable commission administrator on this. Residency Requirements - Bruce Thielen stated that a number of residents had questioned whether Glen Posusta, the newly elected council member met the residency requirements. This issue had been brought up at a previous meeting. He felt the City had an obligation to investigate this further and determine whether the residency requirements were met. Clint Herbst questioned whether it would be fruitful to pursue this. He was concerned that in light of the city attorney's report on the residency requirements, the City could be spending additional time and money on something that may not be resolved. Bruce Thielen questioned whether the intent to become a resident -vs- actual legal residency didn't merit investigation. He felt that an 2 Council Minutes - 11/12/02 investigation would clarify the issue. BRUCE THIELEN MOVED TO AUTHORIZE STAFF TO HIRE AN INDEPENDENT INVESTIGATOR TO INVESTIGATE GLEN POSUSTA' S QUALIFICATIONS TO HOLD THE OFFICE OF COUNCIL FOR THE CITY OF MONTICELLO. BRIAN STUMPF SECONDED THE MOTION. In further discussion, Bruce Thielen stated that by having an independent investigation there should be no claim of conflict of interest. Glen Posusta asked what the legal requirements for residency were. Bruce Thielen reiterated that the Council had a duty to resolve the question of residency. Clint Herbst concurred with that but questioned how much the City would spend to get an answer to that question. UPON VOTE BEING TAKEN, MOTION CARRIED WITH CLINT HERBST VOTING IN OPPOSITION BECAUSE OF THE COST OF TAKING SUCH ACTION. Kjellberg Connection - The City Council had received an update on the status of the connection of the Kjellberg mobile home park to the City's sanitary sewer system. Clint Herbst noted that when he first came on the council 12 years ago the connection of the mobile home park to the system was a priority. He now leaves office after 12 years and it is still unfinished. Rick Wolfsteller stated the City is waiting for Mr. Kjellberg to comply with the requirements of the settlement agreement. To comply Mr. Kjellberg would have to reconstruct some of the sanitary sewer lines that are in place. Clint Herbst felt that the City had done just about everything possible so that the mobile home park could be connected and he felt the City should stand firm in having Mr. Kjellberg comply with the requirements of the settlement agreement. Bruce Thielen stated that there has been animosity between staff and Mr. Kjellberg and he hopes that the issues can be resolved. Development - Clint Herbst stated that he and Roger Belsaas had met with a developer who was working on a development plan in the CR 18 area. Transportation issues in this area are a concern and Jeff O'Neill suggested that a workshop be set up to look at the transportation concerns in this area. Bruce Thielen felt they should look at the entire 7"' Street corridor. City Engineer, Bret Weiss noted that there are a lot of issues in this area and there will be a significant investment in infrastructure needed. There was some discussion on when an update on the transportation/utility plan for this area would be completed. Bret Weiss was not sure if any update would be ready by the December meeting date. Drainage Issues - Bret Weiss updated the Council on various drainage problems: 1) Meadow Oaks - He has talked with the property owner and the property owner is satisfied with the steps taken to correct the problem; 2) Rolling Woods - They have met with the developer. It is proposed to add an extra catch basin and regrade the yard. Since there is capacity in the storm sewer pipe the addition of the catch basin should help the water get to the pipe faster; 3) Groveland - The problem in the area of the pathway and 90"' Street has been taken care of, 4) River Forest - A swale was constructed between River Forest development and River Mills development. The city attorney will pursue getting reimbursement from the developer for this work. In River Forest where the water ran towards Gillard Avenue they put some material in there to berm J C Council Minutes - 11/12/02 the water off. In the spring they will do clean up and complete the restoration work. 7. Approve payment of bills for November. BRUCE THIELEN MOVED TO APPROVE PAYMENT OF THE BILLS. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Adjourn. BRUCE THIELEN MOVED TO ADJOURN AT 7:40 P.M. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 4