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City Council Minutes 07-28-2003MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, July 28, 2003 - 7 p.m. Members Present: Roger Carlson, Glen Posusta, Robbie Smith, Brian Stumpf and Bruce Thielen. Members Absent: None 1. Call to Order and Pledge of Allegiance Mayor Thielen called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of July 14, 2003 regular Council meeting. ROBBIE SMITH MOVED TO APPROVE THE MINUTES OF THE JULY 145 2003 REGULAR COUNCIL MEETING. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. B. Approve minutes of July 14, 2003 special Council meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE JULY 14, 2003 i SPECIAL COUNCIL MEETING. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. ROGER CARLSON MOVED TO ADD AGENDA ITEMS #I O, #11 AND # 13 TO THE CONSENT AGENDA. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Bruce Thielen added discussion of the Rod and Gun Club to the agenda. Brian Stumpf added sodding on the Broadway project to the agenda and Rick Wolfsteller added cost estimate for pavers on Walnut Street. 4. Citizen comments/petitions, requests and complaints. Mayor Thielen explained the purpose of the citizen comments portion of the agenda. John Kautza of 8548 Troy Marquette Drive came before the Council concerning what he felt was illegal parking in front of his house by contractors who were doing some street work in the development. He indicated that the vehicles were double and triple parked which presented a safety hazard. He called the Sheriff's Department regarding the parking and the Sheriff's Department according to Mr. Kautza did not respond in an appropriate manner. Council Minutes - 7/28/03 Robbie Smith stated he had received a complaint about contractors starting work before the 7 a.m. starting time which is what the ordinance allows. Bret Weiss noted that although the ordinance doesn't allow contractors to start work before 7 a.m. there is nothing to prevent them from congregating at the site prior to 7 a.m. Mr. Kautza stated it was not the starting time that was an issue but that the vehicles were improperly parking and the Sheriffs Department was not enforcing the parking regulations. Since the incident was in the past and the street repairs had been completed, Mayor Thielen asked what Mr. Kautza was looking for from the City. Mr. Kautza stated he felt that all construction activities should be signed, that parking regulations should be enforced equally and that he should receive an apology from the Sheriff s Department. Bruce Thielen directed City Administrator, Rick Wolfsteller to work on this matter and report back at the next meeting. John Kautza also brought mentioned that there was a pothole on School Boulevard that should be repaired. Public Works Director, John Simola will check into this. Lee Fick of Crostim's Grille came before the Council concerning parking on Locust Street. He noted with the street reconstruction project going on, Locust Street is torn up and patrons are not certain if parking is allowed on Locust Street. Since there is limited parking in this area this impacts his restaurant business. John Simola stated that it is the intent to keep the roads open as much as possible so that negative impact to the business is kept to a minimum. There will be signs posted when the roads are actually closed but if nothing is posted, the street is available for parking. Lee Fick asked if there couldn't be some kind of signage indicating that. John Simola will check what can be done. 5. Consent Agenda: A. Consideration of resolutions providing for the sale of general obligation improvements bonds, Series 2003 and current refunding of $14,700,000 Clean Water Revolving Fund Loan. Recommendation: Adopt resolution providing for sale of general obligation improvement bonds and for refunding of $14,700,000 Clean Water Revolving Fund Loan. Resolution No. 2003-52 and No. 2003-53. B. Consideration to review R-1 A, R- I!, R-2 and R-2 A setback standards for the purpose of clarification of the regulations - Applicant: Monticello Planning Commission. Recommendation: Approve Ordinance Amendment No. 2003-395 clarifying setbacks standards for R-1 A, R-1, R-2 and R -2A districts. Ord. Amd. #395 C. Approval of purchase of Total Register Systems Inc. upgrade for liquor store cash register and inventory system. Recommendation: Approve the purchase of Total Register Systems, Inc. upgrade for the liquor store at an estimated cost of $13,000.00. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE ADDITION OF ITEM #10, AWARD OF THE CONTRACT, PUMPHOUSE #5, PROJECT ►N Council Minutes - 7/28/03 NO. 2003-4C, ITEM #11, AMENDMENT TO SIGN ORDINANCE RELATING TO MONUMENT AND PYLON SIGNS IN RELATION TO HEIGHT AND SQUARE FOOTAGE AND ITEM #13, CALLING FOR A PUBLIC HEARING ON THE SIDEWALK IMPROVEMENTS FROM WASHINGTON STREET TO DAYTON STREET. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent atlenda for discussion. None. 7. Public Hearing - Consideration of a resolution adopting proposed assessment roll for delinquent utility bills and certification of assessment roll to County Auditor. City Administrator, Rick Wolfsteller provided the background for this item noting that the public hearing is to certify the delinquent utility accounts for the first quarter of 2003. Mayor Thielen opened the public hearing. No one spoke for or against the proposed assessment. Mayor Thielen then closed the public hearing. GLEN POSUSTA MOVED TO ADOPT THE ASSESSMENT ROLL FOR DELINQUENT UTILITY CHARGES AS PRESENTED. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Resolution 92003-51. 8. Public Hearing - Consideration to adopt a resolution amending the Agreement for Loan of Small Cities Economic Development Program Fund between TCDC and the City. Economic Development Director, 011ie Koropchak provided information on this agenda item. She indicated there are two proposed amendments to the agreement; one is to extend the compliance date from 7/26/03 to 7/26/04 and to reduce the number of full-time jobs created from 85 jobs to 42 jobs. A state grant in the amount of $500,000 was received and as a condition of the grant, 51% of the jobs created must be filled by people whose household income meet the 2003 Section 8 Income Levels. The reasons provided for requesting the amendment on the number of jobs created was because of the poor overall economic conditions and the use of robotics in the field. These conditions mean less positions are available but the positions are higher technical skill level positions. Mayor Thielen opened the public hearing. There was no one present to speak for or against the proposed amendment. Mayor Thielen then closed the public hearing. BRIAN STUMPF MOVED TO ADOPT A RESOLUTION AMENDING THE BUSINESS t SUBSIDY AGREEMENT WITHIN THE AGREEMENT FOR LOAN OF SMALL CITIES `J ECONOMIC DEVELOPMENT PROGRAM FUND BETWEEN TCDC AND THE CITY OF Council Minutes - 7/28/03 MONTICELLO EXTENDING THE COMPLIANCE DATE FROM JULY 26, 2003 TO JULY 26, 2004 AND MODIFYING THE CREATION OF NEW FULL-TIME EQUIVALENT JOBS ON THE DEVELOPMENT PROPERTY FROM 85 TO 42 NEW FULL TIME EQUIVALENT JOBS; FORTY-TWO (42) OF THE NEW JOBS MUST PAY A WAGE OF AT LEAST $12.25 PER HOUR EXCLUSIVE OF BENEFITS; AT LEAST TWENTY-TWO (22) OF THE NEW JOBS MUST BE FILLED BY PEOPLE WHO, AT THE TIME OF HIRING, RESIDE IN HOUSEHOLDS OF "LOW TO MODERATE INCOME" AS DEFINED BY FEDERAL SECTION 8 GUIDELINES AND SUBSEQUENT MODIFICATIONS AS DEEMED NECESSARY BY KENNEDY & GRAVEN. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Resolution No. 2003-54 9. Review of signs erected downtown on public sidewalk. Building Official, Fred Patch, explained that the downtown businesses, after the CSAH 75 project have erected temporary sandwich board type signs. This is an enforcement issue for the City since these signs are not allowed by ordinance and the City thus far has been lenient in their enforcement of this. There is concern about liability in having these signs placed on public sidewalks. In addition the City is receiving requests from other areas, away from CSAH 75 to allow this type of sign. Fred Patch was asking Council direction on the matter of the sandwich board type signs. The Council discussed the options which include enforcing the current ordinance that would require the removal of all signs from the sidewalks; or amend the ordinance to allow this type of sign as long as they do not interfere with pedestrian traffic or establish a policy relating to this type of signage. Fred Patch stated two years ago the City amended their sign ordinance to allow projecting signs and that this would be an alternative to the sandwich board type signs. Brian Stumpf felt that many of the downtown businesses are barely making it and because of that cost should be a consideration in whatever action the Council takes. While he is not opposed to the sandwich board signs, he did feel the number should be limited. He also felt that any action on the sandwich board type signs should be reviewed at the Planning Commission level. Susie Wojchouski of the Chamber of Commerce stated that there are a number of the sandwich board type signs outside on a daily basis. She felt that because of the difficult economic times, the impact of road construction and the speed at which traffic moves through the downtown area, this type of sign is necessary. The shop owners stated their business increased when the signs were out. Susie Wojchouski pointed out that this type of sign attracts the eye . She suggested temporarily allowing the signs on a one year basis with a size restriction and have the City monitor it Robbie Smith suggested allowing them only during the summer months and restrict their location on the sidewalk so as not to interfere with public use of the sidewalks. Jeff O'Neill stated that these signs are effective now because there are a limited number of them. If there is a proliferation of this type of sign, they will j lose their effectiveness. Susie Wojchouski suggested limiting the number of signs on a block would curtail that problem. Bruce Thielen brought up a business that was placing 4 Council Minutes - 7/28/03 merchandise out on the sidewalk. Glen Posusta felt that since the sidewalks were not heavily used by pedestrian traffic, the City should be more lenient in what they allowed the businesses to do. BRIAN STUMPF MOVED TO DIRECT STAFF TO PREPARE AN AMENDMENT TO THE ZONING/SIGN ORDINANCE TO BE CONSIDERED BY THE PLANNING COMMISSION AND CITY COUNCIL TO ALLOW SANDWICH BOARD TYPE TEMPORARY SIGNS THAT DO NOT INTERFERE WITH PEDESTRIAN TRAFFIC ON PUBLIC SIDEWALKS DOWNTOWN INCLUDING ISSUES SUCH AS SIZE RESTRICTION, NUMBER OF SIGNS AND LOCATION OF SIGNS. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of review of bids and award of contract - Pumphouse # 5, Cily Project No. 2003-4C. Approved with the consent agenda with the recommendation to award the contract to Magney Construction Inc. for the construction of pump, motor, well house and site construction for Well #5 based on their low bid of $292,500.00. 11. Consideration to review current sign ordinance regarding monument and pylon signs in relation to height and square footage for possible amendment. - Applicant: Monticello Planning Commission. Approved with the consent agenda with the recommendation to approve the amendment to the sign ordinance based on a finding that large shopping center areas require separate options for sign communications. 12. Consideration of underground electrical conversion project - Broadway. City Administrator, Rick Wolfsteller, stated that this had been discussed a number of times by the Council. The City conducted an informational meeting on June 30th and set up a 30 day public comment period to get citizen input on the proposal to convert the overhead lights on Broadway to underground. The 30 day period is ending and the decision needs to be made whether to proceed or not. Rick Wolfsteller noted that sidewalk work originally included in the CSAH 75 project had been removed and put in the Core Street Project to allow the City time to consider the conversion project. Since the Core Street Project will likely be finishing up this year, a decision will have to be made on the sidewalk. Rick Wolfsteller reviewed the franchise options that were presented at the informational meeting. Bruce Thielen had the impression from the informational meeting that the focus was to only do the conversion on Broadway. Roger Carlson stated he is not in favor of the project because of the lack of public support for this improvement. With the hard economic times and the construction dilemmas the town has faced over the years, he couldn't support this project. Brian Stumpf indicated he could not support the project because of the cost and Council Minutes - 7/28/03 because there would still be poles remaining on Broadway. Robbie Smith felt the project would make Broadway look good but without the public support he was not in favor of it at this time. Glen Posusta reiterated the lack of support by the public for this improvement. BRIAN STUMPF MOVED NOT TO PROCEED WITH THE UNDERGROUND CONVERSION AT THIS TIME. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Consideration of callingfor or a public hearing on the sidewalk improvements from Washington Street to Dayton Street. Included with the consent agenda with the recommendation to call for a public hearing on August 11, 2003. 14. Consideration of authorization to obtain quotes for Briar Oakes Pond. City Engineer, Bret Weiss, reviewed the options outlined in his report covering the restoration of the Briar Oakes Pond and noted a number of residents from the area were present for the meeting. He noted that the Briar Oakes pond area is the first pond area they are looking at to make some improvements and stated that typically the City would ask the developer to make the improvements prior to acceptance. In this case since the developer is no longer in business, that option is not available. A neighborhood meeting was held earlier to review the three options listed in the report. Option 1 would be a total re -grade and restoration of the pond at an estimated cost of $97,983. Option 2 would re -grade the northern portion of the pond at an estimated cost of $66,693 and Option 3 would be site specific repairs to the pond with an estimated cost of $16,895. While the volume of the pond is adequate, the proposed work is to address the issues of erosion and vegetation. The engineer noted in areas the pond slope does not meet the 4:1 requirement. In addition there are areas where adequate vegetation is not established which contributes to erosion concerns. Bret Weiss noted the property owners on the south side want to pursue filling the area in and if so he felt the Council should provide surveying to make sure the fill was at an acceptable level. If the City does not do the area to the south, he felt the property owners should have the option to do it themselves but with the area staked by the City. Glen Posusta asked if the reason for the project was aesthetics. Bret Weiss stated it was an erosion concern and getting vegetation established so the pond could be maintained. Glen Posusta asked why this is the City's responsibility? Because it is a drainage easement, the property owner is expected to maintain the easement area. Bret Weiss stated that the north side is a concern because of the slope which is a safety issue. Tim Suchy, speaking for the residents present, stated main concern is safety especially where the pond does not meet the 4:1 slope requirements. Bret Weiss stated the funds to do this work would come from the stormwater trunk funds. Paul & Candace Thielen indicated they preferred Option 1. T Council Minutes - 7/28/03 Robbie Smith asked about a property owner who has water in his backyard and whether the changes to the pond would alleviate his problem. GLEN POSUSTA MOVED TO OBTAIN QUOTES FOR OPTION #3 WHICH WOULD ONLY ADDRESS AREAS WHERE SPECIFIC PROBLEMS HAVE BEEN IDENTIFIED AND PERFORM REPAIRS. MOTION DIED FOR A LACK OF A SECOND. ROGER CARLSON MOVED TO APPROVE OPTION 42 WHICH WOULD REGRADE THE NORTH PORTION OF THE POND BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 15. Consideration of navment of bills for Jul ROBBIE SMITH MOVED TO APPROVE PAYMENT OF THE BILLS. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Items: Rod and Gun Club - Bruce Thielen indicated that he had received complaints from residents in the area about the hours of operation and also what appeared to automatic weapon firing. It was felt the Rod and Gun Club should be made aware of these complaints and asked to monitor their members activity. Sodding on Broadway - Brian Stumpf felt that sodding work on Broadway was poorly done. Bret Weiss indicated he will have the project inspector check it out. Pavers at Crosswalk on Walnut Street - Rick Wolfsteller had gotten two quotes to replace the exposed aggregate area with paver block. One estimate was for $1,350 at each location and the second estimate was for $800 at each location. Bruce Thielen asked if there was any interest in proceeding with this work. Brian Stumpf stated that because this was not in original plan for the area he didn't see any reason the City should proceed with it. Bret Weiss felt the City might be better off using the funds for landscaping or for the electronic reader board sign. BRIAN STUMPF MOVED NOT TO AUTHORIZE A CHANGE ORDER ON THE WALNUT STREET PROJECT TO COVER THE INSTALLATION OF PAVERS FOR THE FOUR SIDEWALK PANELS. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Public Works Director, John Simola, reported that Xcel Energy did agree to lower the concrete base on one pole. This would necessitate city staff removing the paver brick around it. MnDOT Meeting - Bret Weiss reported that they have been in contact with MnDOT regarding the signal timing. Chuck Rickert from their office will be meeting with them on July 29". MnDOT agrees that there are some timing issues out there relating to previous construction on TH 25 and 7 Council Minutes - 7/28/03 CSAH 75. The City would like to see this corrected before Labor Day. Brian Stumpf would like an update on Mr. Rickert's meeting with MnDOT. Update on Core Street Project - Bret Weiss stated that there are three utility crews working on the project now and it is anticipated that within the next week or so paving and shaping on some of the streets should begin. Robbie Smith stated he appreciated receiving the flyer on the Core Street Project and felt it was a good communication tool. 16. Adjourn ROBBIE SMITH MOVED TO ADJOURN AT 8:35 P.M. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 0