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City Council Minutes 07-14-2008Council Minutes: 7/14/08 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday July 14, 2008 - 7 p.m. Members Present: Clint Herbst, Tom Perrault, Brian Stumpf and Susie Wojchouski. Members Absent: Wayne Mayer 1. Call to Order and Pledge of Allegiance 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 23, 2008 Regular Meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE JUNE 23, 2008 REGULAR MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4-0 2B. Approve minutes of June 23, 2008 Special Meeting. SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE JUNE 23, 2008 SPECIAL MEETING ON THE ANNUAL AUDIT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4-0 3. Consideration of adding items to the agenda. An update on the closing of River Street at TH 25 and a report on animal control issues were added to the agenda. City Engineer Bruce Westby requested that agenda item #10, the feasibility report for Kevin Longley Drive, Jerry Liefert Drive and Hawthorne Place North be removed from the agenda. 4. Citizen comments, petitions, requests and concerns. No one spoke under citizens comments. At this time Cathy Shuman reported on animal control related issues noting the increase in complaints about barking dogs. She met with Patty Salzwedel, the Animal Control Officer and Dan Anselment from the Wright County Sheriff's Department the City in an effort to come up with a plan for better coordination of handling dog complaints and problems during the hours there is not coverage by the Animal Control Officer. The Animal Control Officer will be meeting with the people who have filed animal related complaints to update them on the status of the complaint. The idea is to follow up on complaints quickly and to work in close coordination with the Wright County Sheriff's Department. This matter will also be discussed at the July Police Commission meeting. Brian Stumpf asked if the Animal Control Officer is responsible for emergency calls during non- working hours citing an instance where the Animal Control Officer was called for an emergency but did not respond. Ultimately the Sheriff s Department had to open up the animal shelter. Council Minutes: 7/14/08 Clint Herbst felt it was important that the Animal Control Office calls back even if she does not physically respond to the emergency. It was felt there was a need to come up with processes to be followed in handling complaints and emergencies during the working hours of the Animal Control Officer and by the Sheriff's Department during the hours of the Animal Control Officer is not on duty. 5. Consent Agenda: A. Consideration of ratifying hires and departures MCC, Liquor and Parks. Recommendation: Ratify the hires and departures as identified. B. Consideration of vacating a portion of Dundas Road right of way as related to the Amax Addition plat and vacating a portion of Old State Highway Trunk No. 25 right of way. Recommendation: Adopt a resolution vacating a portion of Dundas Road and retaining a drainage and utility easement as related to the Amax Addition plat and vacating a portion of Old State Highway Trunk No. 25 right-of--way as shown on Exhibit A. Res. #2008-55. C. Consideration of approving a temporary liquor license for the Monticello Lions Club. Recommendation: Approve the temporary liquor license for the Monticello Lions Club for July 24, 2008. D. Consideration of accepting improvements and authorizing final payment for the Fallon Avenue Pathway, City Project No. 2007-12C. Recommendation: Accept the improvements and approve the final payment of $3,105.93 to Rum River Contracting Company for the Fallon Avenue Pathway Project No. 2007-12C. Res. #2008-57. E. Consideration of approving liquor license for Buffalo Wild Wings Grill & Bar. Recommendation: Approve the Sunday and On-Sale liquor license for Buffalo Wild Wings for 9221 Cedar Street. F. Consideration of authorization to proceed with the hiring process for utility locator position. Recommendation: Authorize proceeding with hiring process for Seasonal Locator/Field Technician position. G. Consideration of accepting donation from VFW Post #8731, Dick Slais, Monticello Lions Club, Ryan & Kelly Kadelbach and Jennifer and Dave Mathieu. Recommendation: Approve the contribution acid authorize use of funds as specified. Res. #2008-53 H. Consideration of approving one day charitable gambling license for Ducks Unlimited Chapter #256. Recommendation: Adopt a resolution authorizing the State Gambling Control Board to issue the charitable gambling license to Ducks Unlimited Chapter #256 to conduct charitable gambling activities at River City Extreme, 3875 School Boulevard on October 9, 2008. Res. #2008-54. I. Consideration of appointment of election judges for primary election on September 9, 2008. Recommendation: Approve the following as election judges contingent upon meeting eligibility requirements and completion of training: Fred Anderson Gregory Ashfeld Gladys Bitzer 2 Council Minutes: 7/14/08 Joan Bondhus Richard Bourque Sandra Brambink Joan Brandon Donna Brauch Ron Broekemeier Jane Bromberg Rodney Byholm David Carlson Lucille Clausen Edith Custer Rosemary Dahl Mary Daniels Agnes DeMarais Kristi DeMarais Richard Doucette Roseanne Duran Jamie Fisher Kay Gauthier Lynnea Gillham Robert Grabinski Alice Grant Cynthia Hamond Harvey Kendall Ara Lotzer Pat Markling Florence Mayer Arlene McIntire Judy Moody MerriJo Nesland Richard Quick Eleanor Rademacher James Sanborn Cynthia Schmitt Patricia Schmits Jeanette Smith Randy Smith Darlene Solberg Rita Soltau Patricia Sonju-Thielman Jim Stevenson Opal Stokes Sandy Suchy Diane Wefel Donna Wimmer Lorraine Wolff 6. J. Consideration of a request for amendment to the Monticello Zoning Ordinance Section 3-9 regulating signage for the purpose of promoting or selling a development project. Applicant: City of Monticello. Recommendation: Approve the amendment to the Monticello Zoning Ordinance Section 3-9 as proposed based on a finding that signage for the purpose of promoting or selling a development is consistent with permitted use sign activities. K. Consideration of a request for a conditional use permit for a sign promoting or selling a development project. Recommendation: With the approval of agenda item #SJ this becomes a permitted use and no action is required. L. Consideration of approving resolution requesting speed study on Chelsea Road from CSAH 18 to TH 25 and on Edmonson Avenue from 87t Street to Chelsea Road. Recommendation: Adopt Resolution #2008-56 requesting MnDOT to conduct the speed study. M. Consideration of approving closure of street for a neighborhood block party. Recommendation: Approve the temporary closing of Farmstead Avenue from Park Drive to Farmstead Court for August 5, 2008 from 7 p.m. to 9 p.m. for a neighborhood block park. Tom Perrault requested the removal of items #SJ, #SL and #SM. SUSIE WOJCHOUSKI MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #SJ, #SL AND #SM AND THE REMOVAL OF ITEM #10 FROM THE REGULAR AGENDA. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4-0 Consideration of items removed from the consent agenda for discussion. #SJAmendment to Monticello Zoning Ordinance regulating signage for the purpose of promoting or selling a development project. Tom Perrault asked how they determined the 95% threshold. Angela Schumann Community Development Director stated the language of the ordinance did not change. The amendment merely changes the signage from a conditional use to a permitted use. The question may up as to what constitutes development and this issue will be discussed in the overall 3 Council Minutes: 7/14/08 update of the sign ordinance. Tom Perrault asked if a property had multiple frontages would they be allowed more than one sign. Angela Schumann responded that the number of signs allowed is based on acreage not street frontages. However if the Council felt multiple frontages should be a factor in considering the number of signs allowed in this situation it is something that can be discussed in the overall review of the sign ordinance. SUSIE WOJCHOUSKI MOVED TO AMEND THE MONTICELLO ZONING ORDINANCE SECTION 3-9 AS PROPOSED BASED ON A FINDING THAT SIGNAGE FOR THE PURPOSE OF PROMOTING OR SELLLING A DEVELOPMENT PROJECT IS CONSISTENT WITH PERMITTED USE SIGN ACTIVITIES. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION AS HE FELT FRONTAGE SHOULD BE CONSIDERED IN DETERMINING THE NUMBER OF SIGNS. 3-1 #SL Speed study on Chelsea Road from CSAH 18 to TH 25 and on Edmonson Avenue from 87th Street to Chelsea Road. Tom Perrault questioned why the speed limit study didn't extend to 85th Street. Bruce Westby responded that the request covered the street. segment within the city limits. He did not believe the City could request a speed study for areas outside their jurisdiction. The Council expressed their desire to avoid speed limit changes mid-way in a street section. Tom Perrault felt 85th Street was a logical point to have covered in the speed study. Bruce Westby will check into this and report back to the Council. BRIAN STUMPF MOVED TO ADOPT RESOLUTION 2008-56 REQUESTING MNDOT TO CONDUCT A SPEED STUDY ON CHELSEA ROAD FROM CSAH 18 TO TH 25 AND ON EDMONSON AVENUE FROM 87TH STREET TO CHELSEA ROAD NOTING THERE IS NO COST TO THE CITY FOR CONDUCTING THE SPEED STUDY. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4-0 #SM Closure of street for neighborhood block party. Tom Perrault stated he was happy to see this taking place for the National Night Out and while he did not want to discourage this practice, he did wonder about the cost to the City for putting up and taking down the barricades. Street Superintendent Tom Moores indicated that communities handle it in different ways. Some cities have their employees responsible for the erection and removal of the barricades and other cities have the individuals requesting the closure be responsible for the barricades. Tom Moores stated that the street closure involves the placement of some cones and A-barricades. Clint Herbst felt it made sense to have the individuals requesting the street closing be responsible for setting up and removing the barricades. Tom Moores added that the City specifies that no alcohol is to be brought out onto the city street. Susie Wojchouski asked if the City had any established guidelines determining who could block off the street and for what purpose. Tom Moores indicated they could draft some policy language but for now the National Night Out is all they are looking at. Jeff O'Neill-asked the Council if the policy restricts street closing to certain types of activities if staff could administer the policy. Any use not identified in the policy would have to come back before the Council TOM PERRAULT MOVED TO APPROVE THE TEMPORARY CLOSING OF FARMSTEAD AVENUE FROM PARK DRIVE TO FARMSTEAD COURT FOR AUGUST 5, 2008 FROM 7 P.M. TO 9 P.M. FOR A NEIGHBORHOOD BLOCK PARTY. SUSIE WOJCHOUSKI SECONDED 4 Council Minutes: 7/14/08 THE MOTION. MOTION CARRIED UNANIMOUSLY. 4-0 7. Public Hearing -Consideration of a request for appeal of denial for variance from Chapter 3, Section 5 of the Monticello Zoning Ordinance regulating off-street parking requirements. This item was tabled at the last meeting to allow staff to meet with the applicant regarding additional parking spaces. A number of options came out of that meeting for Council consideration. These options include: 1) Proof of parking agreement for the 8 parking stalls needed and 2) Require a cross easement. Option #1 would require the applicant to agree to a 2 year parking analysis. At the end of the two year period the Council would do a formal review of the parking demand. The period could be extended beyond two years if the site doesn't meet the parking regulations. If at some point in the two year period the Council feels the site is deficient in parking, the applicant could either pay into the parking fund or apply for a cross easement to allow parking at the Cub/Kmart facilities. Staff was recommending approval of Option #1 and recommended approval of the Planning Commission's action in denying the variance request because the applicant has not shown a hardship that was not economic in nature. Brian Stumpf asked about the crosswalks in the area. Clint Herbst asked if any contact had been made with the apartment owner to the north to see if any agreement could be reached for additional parking. Susie Wojchouski stated the applicant indicated he had discussed this with the property owner but they were not interested. Clint Herbst said if the City does not have any place to put the parking stalls the applicant should not have to pay into the fund. Clint Herbst asked if the City has a responsibility to Rancho Grande to make sure their parking stall needs are maintained because if there is a problem Rancho Grande's parking would be affected. Brian Stumpf felt if there was a parking problem people would not go to that business. Clint Herbst said in this case if parking is a problem it will affect the library and MCC. Brian Stumpf felt there was enough parking in the area without requiring the applicant to pay into the fund. Mayor Herbst opened the public hearing on the appeal of the variance. No one spoke for or against the appeal. Mayor Herbst then closed the public hearing. Tom Perrault asked if the City allowed a cross easement for the eight stalls needed would this area be striped and designated for that use. Since a cross easement is a conditional use, the City could impose requirements they feel necessary. Clint Herbst reiterated his belief that the City should only be collecting money if they have a plan to put the stalls in. It was suggested that if the applicant uses the library parking lot to meet the 8 stalls needed, the City could when maintenance is needed on the parking lot charge the applicant for a portion of the cost based on the number of stalls. BRIAN STUMPF MOVED TO APPROVE THE APPEAL FOR THE VARIANCE TO THE PARKING REGULATIONS IN THE CCD ZONING DISTRICT BY ALLOWING A RESTAURANT EXPANSION WITHOUT THE REQUIRED PARKING CONSTRUCTION OR FEE IN LIEU OF. SUSIE WOJCHOUSKI SECONDED THE MOTION. Brian Stumpf emphasized his motion was for approval of the variance and not for the proof of parking agreement or cross easement. He felt the applicant had parking stalls available to him using the Cub/Kmart site and/or the library site. Jeff O'Neill stated there is something in the ordinance that allows for a reduction in the number of stalls. Brian Stumpf said there is adequate 5 Council Minutes: 7/14/08 parking for the site. Tom Perrault questioned the use of the library site for the applicant's parking and felt the there should be a cross easement. UPON VOTE BEING TAKEN THE MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. 3-1 8. Consideration of Directing Staff to Present to TDS with Opportunities for Sharing Telecommumcat><on Development Related Expenses and Cooperative/Efficient Use of City R><ghts of Way. Jeff O'Neill stated they are asking Council to direct staff to work with TDS in an effort to save costs in construction of the fiber optic systems and to cooperate in the use of the right-of--way for utility placement. In addition to construction costs savings there could also be some saving of time since the City has already designed the entire system. The City's consultants on the fiber optic system indicated that by installing lines on a joint basis the City and TDS could save $1,600,000 each. The other benefit to this approach is the efficient use ofright-of--way by utilizing the same conduit thus saving space and cost. There has been some indication from TDS that they are willing to work cooperatively. Clint Herbst said the amount of utilities placed in the right of way is considerable and it is important how the existing right-of--way is utilized. Brian Stumpf asked what level of staff would be working with TDS. Jeff O'Neill responded that it would be primarily in the engineering area but since there is currently litigation taking place there may be attorney involvement as well. Jeff O'Neill said the City would try to move as quickly as possible. Susie Wojchouski asked if TDS is already laying fiber. Clint Herbst thought TDS was putting lines in conduit that TDS already has in place. Bruce Westby indicated that East of TH 25 and North of 3rd Street is the area where TDS has been installing fiber. BRIAN STUMPF MOVED TO AUTHORIZE STAFF TO WORK WITH TDS IN FINDING OPPORTUNITIES FOR COST SAVING THROUGH JOINT INSTALLATION OF FIBER OPTIC FACILITIES. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4-0 9. Consideration of approving plans and specifications and authorizing advertisement for bids for F><re Department pumper Steve Joerg and Brad Fyle from the Fire Department were present to answer any questions on the specifications for the new pumper. The Fire Department has been budgeting for several years for this truck and at this time they are prepared to go out for bids. Tom Kelly, Finance Director indicated that thus far $369,000 has been set aside in previous budgets for the truck. It is estimated that an additional $160,000 would need to be budgeted. While Tom Kelly thought this could be done he did note that the levy limits would make it a little more difficult. Steve Joerg noted that by going out for bids at this time the City would have a better idea of what amount needs to be budgeted. TOM PERRAULT MOVED TO APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS ON A PUMPER TRUCK. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4-0 6 Council Minutes: 7/14/08 10. Consideration of accenting feasibility report and call for public hearing for street improvements to Kevin Longley Drive, Jerry Liefert Drive and Hawthorne Place North, City Proiect No. 2008-1OC. REMOVED FROM AGENDA. 11. Consideration of award of bids for 2008 Sealcoatin Project Street Superintendent Tom Moores provided information on the bid results for the 2008 sealcoating Project. Since this was a maintenance project there was no feasibility report prepared by the engineer. The areas covered by the sealcoating work are the streets that were reconstructed in 2003 as part of the first Core Street Reconstruction Project. Also covered in this project are the remainder of the streets in the Cardinal Hills development that were not completed last year and four parking lots: 1) Community Center/City Hall, 2) Hi-Way Liquor parking lot; 3) Fire Hall parking lot and 4) The Veit property adjacent to the liquor store site. Two bids were received with Allied Blcktop of Maple Grove being the low bidder at a cost of $117,972.54. Clint Herbst asked if it was unusual to get only two bids for this type of project. Tom Moores stated he was surprised that there were not more bidders. Tom Moores explained the steps in the sealcoating process which includes emulsion oil being placed on street and with crushed granite material being applied and rolled. The material stays on the street about a week and any excess is then removed. Funds for the work were budgeted in the Street Department funds. Brian Stumpf asked about theVeit parking lot and if they were in agreement with what they would be paying for their portion of the parking lot. Tom Moores indicated they were. Clint Herbst suggested that in future projects if there are businesses whose needs could be met as part of a city project, the City should look at that possibility. Generally the larger the project the better unit prices there is. Brian Stumpf asked about Vine Street from the railroad tracks to 4th Street and if that was a public street or if it had been vacated. Staff indicated it was a public street with a temporary cul-de-sac, Brian Stumpf suggested the City make contact with the property owner prior to doing the work since it is their primary access. BRIAN STUMPF MOVED TO AWARD THE CONTRACT FOR THE 2008 SEALCOATING PROJECT TO THE LOW BIDDER ALLIED BLACKTOP COMPANY OF MAPLE GROVE MINNESOTA 1N THE AMOUNT OF $117,972.54 WITH AN ESTIMATED COMPLETION DATE OF AUGUST 24, 2008. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4-0 Closing of River Street: Tom Moores reported that signs had been placed earlier indicating that River Street would be closed. On July 14th Public Works staff along with MnDOT representatives closed the street. Things seem to be going well so far. Since it is a City project, the Public Works Department will be the primary contact for anything that happens. The authorities have been notified that if any of the barricades are down or removed, the City needs to be contacted. Tom Moores noted that MnDOT required that the signs be up at least one week prior to closing of the street and they also required that a press release be issued. The City fulfilled these requirements. 12. Department Report -Building Department. Deb Ward from the Building Department gave a brief update on the activities of the department since 7 Council Minutes: 7/14/08 the storm that took place in May. Generally with roof and siding permits the staff is looking at a minimum of four inspections. The Council asked about the time frame to get the permits and to get inspections on the work. The Building Department has added two part-time inspectors which should allow them to keep up with the inspections as well as the blight notices. They are making every effort possible with existing staff to meet the demands. They have made adjustments to staff working hours to allow inspections later into the day. It is estimated that 3000 homes were damaged in the storm and thus far 906 addresses had pulled permits. 3000 homes is about 80% of the City's housing structures. Clint Herbst asked if they had encountered any problems thus far. Deb Ward indicated they have caught some contractors operating without a permit. It is important for the homeowner to verify that the contractor has pulled a permit. Susie Wojchouski asked for example of blight and Deb Ward stated that blight would be like uncut tall weeds and grass, unlicensed or inoperable vehicles or debris and garbage in a yard. Jeff O'Neill wanted to get authorization from Council to hire additional staff for the building department. 13. Consideration of approving payment of bills for July, 2008. Tom Perrault requested clarification on a planning bill. Staff indicated it was for apre-design meeting with a local church. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4-0 Riverfest Celebration: Brian Stumpf thanked all the staff and volunteers for making Riverfest a success. Susie Wojchouski pointed out all the assistance provided by the Street and Parks Departments in getting things ready and in getting everything cleaned up so quickly after the event. 14. Adiourn BRIAN STUMPF MOVED TO ADJOURN AT 8:35 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4-0 ~~ ~~ Recording Secretary 8