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City Council Minutes 07-08-2002MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday July 8, 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 Pleduye of AlleLyian 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 June 24, 2002 Regular Council Meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE JUNE 24, 2002 REGULAR COUNCIL MEETING. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Clint Herbst stated he had received a call from a resident asking about placing signs stating it is the law that motorists have to stop for pedestrians in a marked crosswalk. Public Works Director, John Simola responded that he had also talked to that resident and explained to him the existing sign regulations but indicated that he would check into the particular sign the resident was talking about and report back. 4. Citizens comments/petitions, requests, and complaints. None. 5. Consent A e nda. A. Consideration of ratifying new hires for the Community Center, streets and parks department. Recommendation: Ratify the new hires as identified. B. Consideration of a conditional use permit allowing accessory space in excess of 1200 sq. ft. in the R-1 District. Applicant: Lynn & Christine Anderson. Recommendation: Move to approve a conditional use permit allowing construction of the accessory structure in excess of 10% of the rear yard and allowing the combined detached and attached accessory structure area to be greater than that of the principle use and in excess of 1200 sq. ft with the following conditions based on the finding that the accessory structure will improve the Council Minutes - 7/8/02 appearance of the neighborhood and will not have an adverse affect on the surrounding properties. 1. Accessory building space is to be utilized solely for the storage of residential personal property of the occupant of the principal dwelling and no accessory building space is to be utilized for commercial purposes. 2. The parcel on which the accessory building is to be located is of sufficient size such that the building will not crowd the open space on the lot. 3. The accessory building will not be so large as to have an adverse effect on the architectural character or reasonable residential use of the surrounding property. 4. The accessory buildings shall be constructed to be similar to the principal building in architectural style and building materials. 5. The proposed accessory structure shall be used for storage of seasonal vehicles only. There shall be no vehicles parked in front of the accessory structure or along the rear yard which would give the appearance of an everyday garage and driveway. 6. Confirmation that the applicant can do what is shown on the site plan via a survey or staking the plan and getting the approval of the zoning official. C. Consideration of approval of request for charitable gambling license - St. Henry's Fall Festival. Recommendation: Adopt a resolution authorizing the State Gambling Control Board to issue the exempt charitable gambling license to St. Henry's Church for September 14"' and 15"'. Res. No. 2002-40. D. Consideration of development stage planned unit development allowing a mixed residential and institutional use in the R-2 District including use of church building for church purposes and conversion of former parish center into combination church offices and rental housing. Applicant: Hope Evangelical Free Church and the Church of St. Henry. Recommendation: Move to approve the development stage PUD allowing a mixed residential and institutional use in the R-2 district. Request include the church building to be allowed for church uses and the parish center converted into a combination of office and residential use. Development stage PUD subject to the requirement that interior lot lines be eliminated and subject to requirement that existing landscaping be trimmed and weeded, dead brush and branches removed and replaced. E. Consideration of approving revisions to current Drug and Alcohol Testing Policy for Heartland Express. Recommendation: Moved to adopt the resolution approving the changes made to the Monticello/Heartland Express Drug and Alcohol Policy reflecting the revisions made by the Federal Transit Administration. Res. No. 2002-41 2 Council Minutes - 7/8/02 F. Consideration of proposal from Xcel Energy for replacing the 1960 Cobrahead lighting on Broadway and installation of the new acorn lighting on the medians on the reconstruction of County Road 75. Recommendation: Move to accept proposal #1 from Xcel Energy to replace the cobrahead lighting with the new group V lighting for a cost of $109,700, to include accepting Xcel Energy's second proposal for the ornamental lighting in the medians with the construction of County Road 75 at a cost of $82,500 snaking a total cost of $192,200. Acceptance of these proposals is contingent upon the City moving forward with the County Road 75 project. G. Consideration of approval of temporary on -sale liquor license for St. Henry's Fall Festival. Recommendation: Approve the issuance of a temporary on -sale liquor license to the Church of St. Henry's for their Fall Festival on September 14"' and 15t". H. Consideration of a request to grant preliminary plat approval and a request for rezoning from A -O to B-3. Applicant: Prairie Ponds, LLC. Recommendation: Move to approve the preliminary plat with staff recommendations as follows and to include provisions for connecting road to Groveland pending approval from City Engineer and Parks Commission. 1. A detailed landscaping plan must be provided showing a buffer yard between area adjacent to all residential districts. 2. The grading, utilities, and drainage plan are subject to the review of the City Engineer. 3. Access off of Wolters Way must fully align with the access to School Boulevard to the south. 4. A lighting plan must be provided that meet City Code guidelines. 5. Easement issues are subject to the review of City Staff. 6. Further recommendations by City Staff. Move to approve rezoning from A -O to B-3 based on the finding that the proposed use is consistent with the comprehensive plan. Ord. Amd. #380 Brian Stumpf questioned who requested the change in orientation of the road. Jeff O'Neill replied that it was a requirement of the Planning Commission because the road didn't align fully with School Boulevard. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH A CONTINGENCY ON #5H THAT APPROVAL WAS SUBJECT TO REVIEW AND APPROVAL BY CITY ENGINEER AND CITY STAFF. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. J Council Minutes - 7/8/02 6. Consideration of items removed from the consent agenda for discussion. None. 7. Consideration of accepting the 2001 audit report. Rick Borden from Gruys Borden Carlson was present to review with the Council the audit report for the year ending December 31, 2001. The general fund revenue budget was $4.1 million and actual revenue collected was $4.8 million. The general fund budget for expenditures was $4.1 million and $4.5 million was expended. He pointed out that the dollar reserves in the special funds can only be used for the purposes that the special fund was established for. Most of the City's fund balances are designated for a specific use. He noted a deficit in the park fund and explained that the expenditures were budgeted in the capital outlay fund but coded to the park fund. He also noted that in Public Works Engineering fund there is preliminary project costs which will go to the construction fund once that project is set up. Rick Borden briefly covered the debt service funds and the proprietary funds and indicated that they were in good shape. He did recommend that the liquor store financial statements be done in a more timely fashion. Mr. Borden also explained the items that were covered in the legal compliance letter which included compliance with regulations relating to contracts, bidding, investments and public indebtedness. Overall the City is in good financial shape according to the audit findings. The auditor will be sending a copy of the audit report to the state. ROGER CARLSON MOVED TO ACCEPT THE AUDIT REPORT FOR 2001. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Consideration of setting a date for assessment hearing on Gillard Avenue Pathway and consideration of acceptance of bids for pathway work. Clint Herbst asked if the assessment hearing date could be changed since he would not be present at the next meeting. After discussion it was determined to hold the assessment hearing at the July 22nd meeting. City Engineer, Bret Weiss, stated that $5,200 would be the estimated assessment per parcel if the City assessed 100% of the cost. Although it was discussed when the public hearing on the project was conducted, no decision had been made on the amount of City participation in the project costs. It was noted that this trail segment is not on the City's grid system. John Simola stated the City's grid system deals with sidewalks not pathway. For sidewalks in the grid system the City would pay 75%. Clint Herbst asked if the City had any other similar situations where a pathway was installed after the development took place. Staff indicated that most of the pathways were constructed as part of development. The Council discussed a 50%-50% policy with 50% being assessed and 50% picked up the City. City Administrator, Rick Wolfsteller asked how the Council intended to fiend the City's share of the cost. The Council indicated that it would come from the park/pathway dedication funds. 4 Council Minutes - 7/8/02 The maintenance of the pathway was discussed. Brian Stumpf stated that is should be made clear to property owner that the City would not be clearing snow off the pathway. Jeff O'Neill felt that the pathway should be cleared because it serves as a sidewalk and that the property owners should be responsible for doing that. BRIAN STUMPF MOVED TO ASSESS 25% OF THE PROJECT COST FOR THE GILLARD AVENUE PATHWAY TO THE ABUTTING PROPERTY OWNERS WITH THE CLEARING OF THE PATHWAY TO BE THE RESPONSIBILITY OF THE PROPERTY OWNERS AND TO SET AN ASSESSMENT HEARING FOR JULY 22, 2002. In further discussion, Bret Weiss stated that one comment the Council will hear at the assessment hearing relates to concern about the amount of traffic generated by the proposed Bruggeman development and the capability of Gillard Avenue to handle the increase in traffic. Clint Herbst felt that as development pressure in that area continues the City would be wise to look at another outlet besides Gillard Avenue. Bret Weiss stated that since half of the roadway is in the township it makes any decision affecting Gillard Avenue a little more complicated. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Res. No. 2002-39. 8A. Consideration of resolution accepting_ quotes and awarding contract for construction of the Locust, Walnut and Cedar Street Parking Lot Improvements, Project No. 2002-07C. The City had received two quotes for construction of parking stalls at three locations: 1) Cedar Street - The location of the former Senior Citizens Center; 2) Locust Street - In the area of the China Buffet and Walnut Street in the area of Sunny Fresh. The price range quoted was from $38,534 to $62,232.26 with Buffalo Bituminous submitting the low quote. A revised plan was developed which would allow the construction of three additional stalls on Cedar Street. If the Council authorized the additional stalls, it would add approximately $3,600 to the bid price. Clint Herbst asked about funding for this work. Some of the cost will be assessed. CLINT HERBST MOVED TO AWARD THE WORK TO BUFFALO BITUMINOUS IN THE AMOUNT OF $381534.00 FOR THE LOCUST, WALNUT AND CEDAR STREET PARKING LOT IMPROVEMENTS, PROJECT NO. 2002-07C AND AUTHORIZING THE ADDITIONAL $3,600 EXPENDITURE FOR CONSTRUCTION OF THREE ADDITIONAL STALLS. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Approve payment of bills for Jule. ROGER CARLSON MOVED TO APPROVE PAYMENT OF BILLS FOR JULY. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Council Minutes - 7/8/02 10. Adjourn. Meeting was adjourned at 8 p.m. `/SUS Recording Secretary