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City Council Minutes 10-22-2001MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, October 22, 2001 - 7 p. in. Members Present: Roger Belsaas, Roger Carlson, Clint Herbst, Brian Stumpf,, Bruce Thielen Members Absent: None 1. Call to Order. 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 8, 2001 regular Council meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE OCTOBER 8, 2001 REGULAR COUNCIL MEETING. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Bruce Thielen asked that the resignation of the Park Superintendent be added to the agenda. Clint Herbst requested a discussion of the minutes prepared by WSB of the CSAH 75 meeting be added and Roger Belsaas added the re -scheduled MOAA meeting and a summary of the meeting on City public safety and security procedures. 4. Citizen comments/petitions, requests and complaints. None. 5. Consent Agenda A. Consideration of final plat and development agreement for Montissippi Trail Townhomes (Harstad Holdings). Recommendation: Approve final plat and development agreement for the Montissippi Trail Townhomes residential development contingent on final stage PUD approval granted by City staff which includes development agreement, engineering plans, building plans, landscaping and restrictive covenants. Res. No. 2001-67. B. Consideration of acceptance of improvements - River Forest 2"' Addition Project No. 99-08P. Recommendation: Move to accept the street and utility work for River Forest 2"d Addition Project No. 99-08P contingent upon receipt of two year maintenance bond, submittal of record drawings and receipt of funds to pay for construction of the pathway segment within Outlot B as a part of the River Mill 6" Addition Project. Council Minutes - 10/22/01 C. Consideration of ratifying union contract. Recommendation: Move to ratify the current contract extension as outlined under Alternative 42 and make the benefits retroactive to April 1, 2001. D. Consideration of concept stage PUD for a townhouse project. Applicant: Front Porch Associates. Recommendation: Move to approve the PUD concept stage plan subject to compliance with the requirements of the October 2, 2001 Planning Commission report. E. Consideration of setting a budget workshop meeting date. Recommendation: Set November 13, 2001 at 5:30 p.m. as the date for the next budget workshop meeting. Clint Herbst suggested considering item 5D with agenda item #7. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH ITEM #51) INCLUDED WITH AGENDA ITEM #7. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent aaaenda for discussion. None. 7. Public Hearing on vacation of Vine and 7" Street ( Mike Cyr). Brian Stumpf noted that at a previous meeting the Council had been against the vacation of the street right of way and he wanted to know what had changed since that time for the Council to consider it now. Jeff O'Neill stated that the Planning Commission had reviewed a sketch plan and had made recommendations. Prior to the meeting a revised sketch plan incorporating some of the recommendations of the Planning Commission was submitted It was also stated that at the public hearing conducted by the Planning Commission none of the residents expressed opposition to the project or the proposed densities. Jeff O'Neill reviewed the revised sketch outlining where the right of way was proposed to be vacated. It was noted that the revised sketch showed a road coming through from 6' Street to access the Ruff Auto site. Roger Belsaas asked where 7t' Street would tie in to the property. Jeff O'Neill indicated it would tie in well south of the property. The proposed 6 �/z Street as shown in the sketch would eventually, as the Ruff Auto property develops, connect to Elm Street. The revised sketch showed a private drive running up the middle of the development. Clint Herbst questioned why that was included. Mike Cyr, the developer indicated that the private drive allowed for an attractive front yard and would also handle overflow parking. Clint Herbst also asked about screening from the Ruff Auto site. Mike Cyr indicated that there would be a solid fence with some plantings in front of the fence. 2 Council Minutes - 10/22/01 Dick Frie, Planning Commission Chair stated that the Planning Commission had recommended approval of the concept but what had come out that night in the public hearing was the residents concern about traffic and safety. There were three items that they felt would alleviate some of the concerns: 1) The eventual extension of 7t" Street to County Road 39; 2) A four way stop sign on 6t" and Minnesota Streets; and 3) Increased sheriff s patrol in the area. The concern was not only the amount of traffic in the area but also the speed of traffic. Much of the traffic in this area is coming off TH 25 and going to County Road 39. Brian Stumpf pointed out that most residents feel traffic and speeding are a problem. The Council directed that the City Engineer look at this intersection to see if placement of a stop sign was warranted. Roger Belsaas stated that the City is looking at the 7" Street extension as something that needs to be done in the near future. Mayor Belsaas then opened the public hearing on the proposed vacation of Vine Street and 7t` Street. Randy Ruff spoke regarding an easement with the fence line and asked that the City verify the information about the easement. He also asked how this PUD would impact Ruff Auto. It was suggested that a survey may need to be done in this area to properly ascertain the location of the property lines. Mayor Belsaas then closed the public hearing. CLINT HERBST MOVED TO APPROVE THE VACATION OF VINE STREET SOUTH OF 6rH STREET AND APPROVE THE VACATION OF 7TH STREET WEST OF MINNESOTA STREET CONTINGENT ON SUCCESSFUL COMPLETION OF DEVELOPMENT AND FINAL STAGE PUD/SUBDIVISION PROCESS INCLUDING THE ESTABLISHMENT OF AN EAST/WEST ROADWAY REPLACING THE VACATED 7TH STREET AND WITH THE TERMS OF EXCHANGE AND SALE OF RIGHT OF WAY TO BE DETERMINED. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Res. No. 2001-75 ROGER CARLSON MOVED TO APPROVE THE PUD CONCEPT STAGE PLAN SUBJECT TO APPLICANT COMPLYING WITH THE REQUIREMENTS OF THE PLANNING COMMISSION REPORT OF OCTOBER 2, 2001. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Public Hearing on delinquent utility accounts and consideration of certif ing delinquent amounts to the Countv. Mayor Belsaas asked about some of the large amounts on the delinquent accounts. Rick Wolfsteller indicated that the parties with amounts exceeding $500 will be notified that service will be cut off. There was some discussion on the number of accounts that were delinquent and whether there were steps the City could take to reduce the amount of delinquent accounts. Mayor Belsaas opened the public hearing. No one spoke for or against the proposed assessment. Mayor Belsaas then closed the public hearing. !� BRIAN STUMPF MOVED TO ADOPT THE ASSESSMENT ROLL FOR THE DELINQUENT CHARGES AS PRESENTED. ROGER CARLSON SECONDED THE J Council Minutes - 10/22/01 MOTION. MOTION CARRIED UNANIMOUSLY. Res. No. 2001-66. 9. Public Hearing on vacation of utility easements for Monticello Travel Center (Mielke Development) City Engineer, Bret Weiss, stated that their firm had requested information from Mr. Mielke's attorney regarding the easements to be vacated but had not received the information until Mr. Mielke brought it this evening. He suggested that the City conduct the public hearing and make any motion subject to the City Engineer's review of the easement information submitted by Mr. Mielke. Mayor Belsaas opened the public hearing. Dan Mielke spoke expressing his frustration with the delay in getting this done. He questioned the need to submit to the engineer a drawing of the easements to be vacated. Bret Weiss indicated that the drawing is part of the easement records and makes it much easier for anyone to determine what area was actually vacated. Rick Wolfsteller added that the City did not want to vacate these easements until there was a plat showing replacement easements. Mayor Belsaas closed the public hearing. BRIAN STUMPF MOVED TO APPROVE THE VACATION OF THE EASEMENTS AS DESCRIBED CONTINGENT UPON REVIEW BY THE CITY ENGINEER. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Res. No. 2001-68-74. 10. Review of bids for liquor store expansion and consideration of award of contract. City Administrator, Rick Wolfsteller, reviewed the results of the bid opening with the Council. It is anticipated that the work on the liquor store expansion will begin this fall and be completed some time next spring. The Council questioned how the expansion would tie in with Towne Centre construction. Rick Wolfsteller indicated that it would be similar in some respects and would complement the Towne Centre structure. A representative of the low bidder, Greystone Construction was present at the meeting. It was noted that Greystone has been the contractor for work done at the Sunny Fresh facility and had done liquor store construction in Elk River and the metro area. Rick Wolfsteller also provided the Council with a list of estimated costs for additional items not covered in this contract. BRUCE THIELEN MOVED TO AWARD THE BID FOR THE LIQUOR STORE EXPANSION TO GREYSTONE CONSTRUCTION COMPANY IN THE AMOUNT OF $443,281.00. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Review of new policies and rules for Riverside Cemetery and consideration of adoption of same. Jo Havel, Chair of the Riverside Cemetery Committee spoke to the Council regarding the rules and regulations that the Cemetery Committee had prepared. She believed that the Committee 4 Council Minutes - 10/22/01 arrived at a good set of regulations and urged the Council's adoption of the same. Mayor Belsaas stated that with the adoption of the rules and regulations, the basic work of the committee was completed and it would be the responsibility of the Parks Commission to periodically review these documents and recommend any changes and revisions would require council approval. It was also noted that a memorial fund plan as proposed by the Cemetery Committee was being implemented. Jo Havel stated that representatives of the Cemetery Committee may being coming before the Council one more time to present a long term plan for the cemetery. BRUCE THIELEN MOVED TO ADOPT THE RIVERSIDE CEMETERY RULES AND REGULATIONS AS PRESENTED, TO APPROVE THE MEMORIAL FUND PLAN AND THE FIRST AREA SET ASIDE FOR MEMORIAL TREE PLANTING, TO APPROVE THE NEW RATE FOR MONUMENT STAKING AND FOR TRANSFER OF OWNERSHIP OF DEED, AND TO HAVE THE NEW RULES AND REGULATIONS TAKE EFFECT NOVEMBER 1, 20017, AND SEND THE DOCUMENT TO ALL FUNERAL DIRECTORS IN THE AREA, AND TO BE PRESENTED FREE OF CHARGE TO ALL NEW CEMETERY LOT OWNERS AND FAMILIES OF FUTURE INDIVIDUALS BURIED AT RIVERSIDE CEMETERY. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. John Simola, Public Works Director, explained the adoption of the Riverside Cemetery Rules and Regulations should be referenced in the City's ordinance and had prepared an ordinance amendment covering the same. CLINT HERBST MOVED TO APPROVE ORDINANCE AMENDMENT NO. 367 WHICH REFERENCES THE ADOPTION OF THE RIVERSIDE CEMETERY RULES AND REGULATIONS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. The Council thanked the Cemetery Committee for their work on this project. 12. Call for a public hearing to consider an amendment to the zoning ordinance that would exempt a governmental agency from the prohibition against barbed wire fencing or other provisions of the fence ordinance to protect public safety. CLINT HERBST MOVED TO REQUEST THAT THE PLANNING COMMISSION AT THEIR NEXT REGULAR MEETING ON NOVEMBER 7, 2001 HOLD A PUBLIC HEARING TO CONSIDER AMENDING THE ZONING ORDINANCE, CHAPTER 3, SECTION 21.9. TO ALLOW BARBED WIRE FENCING FOR GOVERNMENT BUILDINGS, UTILITY SITES AND EQUIPMENT STORAGE SITES. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5 Council Minutes - 10/22/01 Added items: Resignation of Park Superintendent - Bruce Thielen formally acknowledge the resignation of Gregg Engle from the position of Park Superintendent. He wanted to ensure that the Council be involved in the selection of the replacement and indicated that he would like to be on the interview process. John Simola stated that the job description is being reviewed. Any revisions to the job description would be submitted to the Parks Commission and Personnel Committee and ultimately to the Council. It is hope to have someone in place by December. Minutes submitted by WSB on CSAR 75 meeting. Clint Herbst questioned the contents of the minutes and why certain items were struck from the minutes. It was noted that both Wayne Fingalson, Wright County Highway Department and Public Works Director, John Simola had raised the same question to Ron Bray of WSB. Jeff O'Neill responded that he had told Ron Bray that he didn't feel the City should compromise the City's comprehensive plan by making that decision without looking at the comprehensive plan. Even given that, Clint Herbst didn't feel that portion should have been deleted from the minutes. Re -scheduled MOAA meeting. Mayor Belsaas reminded the Council that a closed session of the MOAA was meeting November 7, 2001 at 7:30 p.m. and directed that since there may be a quorum of the City Council present at the meeting that public notice be given. Meeting on Public Safety and Security. Mayor Belsaas reported on a meeting with city staff, Wright County Sheriff's Department and the Monticello Fire Department to discuss and review public safety concerns in light of the recent terrorist activities. The group reviewed security measures presently in place for various facilities and took appropriate steps to increase security in areas where they felt additional security was needed. I--94 Close down. John Simola indicated that I-94 traffic would be detoured on October 22, 2001 after 1 1 p.m. to allow for setting of the beams along the bridge. 13. Approve payment of bills for October. ROGER CARLSON MOVED TO APPROVE PAYMENT OF BILLS FOR OCTOBER. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 14. Adjourn CLINT HERBST MOVED TO ADJOURN AT 8:15 P.M. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 0