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City Council Minutes 07-22-2002MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, July 22, 2002 - 7 p.m. Members Present: Roger Belsaas, Roger Carlson, Brian Stumpf and Bruce Thielen. Members Absent: Clint Herbst 1. Call to order and Pledge of Allegiance. Mayor Belsaas called the meeting to order at 7:05 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2. A. Approve minutes of .Tule 8, 2002 regular council meeting. BRUCE THIELEN MOVED TO APPROVE THE MINUTES OF THE JULY 8, 2002 REGULAR COUNCIL MEETING. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. B. Approve minutes of Jule 8, 2002 workshop meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE JULY 8, 2002 WORKSHOP MEETING. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Public Works Director, John Simola added a discussion of crosswalk signs and work on the parking lot behind Loch Jewelers to the agenda. Brian Stumpf added discussion of two fire department related items to the agenda and Mayor Belsaas added discussion of a letter he had received regarding garage sales and barking dogs. Brian Stumpf asked Bret Weiss if there was anything new to add to Item #9, the Front Street Project. Bret Weiss indicated no. BRIAN STUMPF MOVED TO ADD AGENDA ITEM #9 TO THE CONSENT AGENDA. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4. Citizen comments/petitions, requests and complaints. None. Council Minutes - 7/22/02 5. Consent Agenda: A. Consideration of ratifying new hires. Recommendation: Ratify the new hires as identified. B. Consideration of appointment of elections judges for 2002 primary election. Recommendation: Appoint election judges as identified contingent upon completion of training. C. Consideration of request for approval of an off-site storage facility - Walt's Pawn & Gun. Recommendation: Approve the request for off site storage of pawned items contingent upon storage facility meeting code requirements of the community it is located in. D. Consideration of establishing a hearing date for an ordinance allowing Sunday liquor license holders to sell liquor for on site consumption prior to noon on Sundays. Recommendation: Set a public hearing date to consider an ordinance amendment allowing for amendments to the Sunday liquor license hours of operation. E. Consideration of final plat and development agreement for the Morning Glory PUD/Resi- dential subdivision. Recommendation: Adopt a resolution approving the final plat and development agreement for the Morning Glory subdivision. F. Consideration of concept and development stage approval for planned unit development and preliminary plat for Autumn Ridge. Applicant: Shawn Weinand. Recommendation: Approve concept and development stage planned unit development and preliminary plat for Autumn Ridge. G. Consideration of approving cooperative agreement with Wright County for reconstruction of CSAH 75 from Washington Street to Otter Creek, Project No. 2000-16C. Recommendation: Approve the cooperative agreement as drafted, authorize the City Engineer, City Administrator and Public Works Director to attend the bid opening and to proceed with the project should the bids come in within 5%-10% of the cost previously estimated by the City Engineer. 9. Consideration of accepting bids and awarding the contract for the Front Street Improvements Project No. 2001-06C. Recommendation: Award bid to Schluender Construction, Inc. in the amount of $197,987.80. Res. No. 2002-45. Brian Stumpf requested that item #5D be removed from the consent agenda for discussion. ROGER CARLSON MOVED TO APPROVE THE AMENDED CONSENT AGENDA WITH THE ADDITION OF ITEM #9 AND THE REMOVAL OF ITEM #51). BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 01 Council Minutes - 7/22/02 6. Consideration of items removed from the consent agenda for discussion. Brian Stumpf stated he did not feel the City should allow liquor sales before noon on Sunday. He questioned whether it was necessary and how it would be policed. License holders would be limited to a specific number of times that they could request sales before noon on Sunday, most likely it would be limited to twice a year and each request would have to receive approval by the City Council. Mayor Belsaas explained that the permit would be for special events and since the number of permits a license holder could have is limited, he didn't feel the ordinance change would create a problem. Brian Stumpf felt there was no reason to change the City's ordinance regarding liquor licenses. BRIAN STUMPF MOVED NOT TO AMEND THE CITY ORDINANCE BY CHANGING HOURS OF OPERATION FOR SUNDAY LIQUOR LICENSE HOLDERS. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED WITH ROGER BELSAAS VOTING IN OPPOSITION. 7. Assessment hearing for Gillard Avenue Pathway and consideration of award of contract for Gillard Avenue Improvement Project No. 2001-10C. City Engineer, Bret Weiss reviewed the bids received on the pathway work. The cost of the pathway work was proposed to be spread over 15 parcels. At 100% of the cost being assessed the assessment would be approximately $5,135 per parcel. However, at an earlier meeting the Council determined that 25% of the cost would be assessed and the remaining amount would come from pathway funds. At 25% the cost per parcel would be $1,283. Mayor Belsaas opened the public hearing. Jeff Nelson from 9721 Gillard Avenue North asked for clarification of the maintenance of the pathway as referenced in the City's letter of July 10, 2002. The Council reaffirmed that the City would not be responsible for snow removal from the pathway. Mr. Nelson also questioned how the pathway would impact the drainage in the area. Bret Weiss indicated that with the pathway alignment it would require some retaining wall work to be done and the engineer felt the drainage would not be a problem. John Simola spoke on behalf of Rosalind Sandusky, 9751 Gillard Avenue who indicated that she was in favor of the project but felt the assessment should spread throughout the entire community. She noted she has a sprinkler system in her yard and wanted to know how it is handled if property is damaged during the course of construction. Brian Stumpf pointed out that this improvement was petitioned for by the property owners and while the property owners are being assessed 25% of the cost, the taxpayers are picking up the 75%. Kevin Fair, 9681 Gillard Avenue, expressed his concern about snowplowing. He felt that in the course of removing the snow from the road it would end up on the trail since the trail is only five feet off the road. If that is the case he felt it would be very difficult for the property owners to maintain Council Minutes - 7/22/02 the trailway. He suggested the cost of clearing the snow from the pathway also be assessed. Bruce Thielen noted that John Gurney had contacted him and expressed this same concern. John Simola explained that the City clears only the main corridors. This includes the pathways around the schools, the pathway along School Boulevard and a segment of trail along TH 25 from Kjellberg's park. He added that most communities select which segments to maintain and it is usually based on usage. The Public Works Department will monitor this. John Simola added that if the snow crowds the blacktopped surface of the road it would have to be pushed off. Bret Weiss showed the Bruggeman development area and the points of access. He noted that if this development goes through it could bring traffic up to 3000 ADT. Design standards for roadway width is 32' and Gillard is 24. He added that there is 100' of right of way and the road could be widened on the township side. If the City in the future entertained plans to widen the road, it could impact the pathway. Bret Weiss felt Gillard Avenue should be able to handle the traffic and even if there was another access from the Bruggeman development, drivers would prefer Gillard because it is a straight shot to County Road 39. He explained that when the street was constructed there was no assessment to the properties on the township side of Gillard Avenue. Mayor Belsaas then closed the public hearing. Mayor Belsaas stated that he saw no reason to change what the. Council did at the previous meeting. Bret Weiss stated that if there were people in opposition to the assessment, they needed to give notice to the Council at this time and file an appeal in District Court within 30 days. BRUCE THIELEN MOVED TO ADOPT A RESOLUTION ESTABLISHING THE ASSESSMENT FOR THE GILLARD AVENUE PATHWAY PROJECT AT 25% OF THE CONSTRUCTION COST OR $1,283 PER PARCEL AND AWARD THE CONTRACT TO SUNRAM CONSTRUCTION, INC. IN THE AMOUNT OF $60,178. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Res. #2002-43. 8. Assessment hearing for delinquent utilities and consideration of certifying delinquent utility accounts to the County Auditor. City Administrator, Rick Wolfsteller, briefly explained the assessments for delinquent utilities. Brian Stumpf asked at what point is the property notified that water will be turned off.. Rick Wolfsteller noted that for commercial accounts it was when the unpaid amount reached $500. Mayor Belsaas opened the public hearing. No one present spoke for or against the proposed assessment. Mayor Belsaas then closed the public hearing. BRUCE THIELEN MOVED TO ADOPT THE ASSESSMENT ROLL FORDELINQUENT UTILITY CHARGES AS PRESENTED. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Res. #2002-42. 11 Council Minutes - 7/22/02 9. Consideration of accepting bids and awarding the contract for the Front Street Imarovements. Proiect No. 2001-06C. Inc 1 udt d with consent agenda. Res. #2002-45 10. Consideration of development stage planned unit development and preliminary and final plat approval allowing 11 single family residential units in an R-3 District. Central Minnesota Housing Partnership. This item had been discussed at a special meeting of the Planning and Zoning Commission held at 5:30 on July 22, 2002. The Planning Commission felt comfortable that what was being proposed was similar to the concept stage PUD. Originally the units were to be 1,008 sq. ft with 9' of separation between the units. It was also noted that in order to qualify for funding the price needed to be in the $124,000-$126,000 range. The Planning Commission felt the need to increase livable area by requiring a full basement or at least partial basements in the facilities. This would decrease the square footage from 1008 to 936 on the main floor and the loss of footage on the main floor would be offset by the basement area. Jeff O'Neill showed the design and layout of the units. He indicated that the Planning Commission also wanted to the retain the greater landscaping plan which also requires an irrigation system. The Planning Commission wanted something affordable but aesthetically pleasing. The units are two bedroom units with a two car garage. It was noted that there was a list of conditions that the Planning Commission had included in their approval of the development stage PUD. There were no revisions to these conditions other than adding the requirement for a full/partial basement in the units. Sheri Harris stated that if the cost of the units gets above $126,000 they can't get the gap funding that they need. While they are not certain of the exact amount these changes will add, they believe they will be between $123,000 to $125,000 per unit. Although the Planning Commission wanted full basements, they gave them the latitude to go with a partial basement. BRUCE THIELEN MOVED TO APPROVE DEVELOPMENT STAGE PUD ALLOWING 11 SINGLE FAMILY DETACHED TOWNHOMES, ALONG WITH APPROVAL OF THE PRELIMINARY AND FINAL PLAT WITH THE MOTION BASED ON THE FINDING THAT THE REDEVELOPMENT PROJECT UNDER THE PUD REQUIREMENTS IS CONSISTENT WITH THE CHARACTER OF THE NEIGHBORHOOD, CONSISTENT WITH THE COMPREHENSIVE PLAN AND WILL NOT RESULT IN A DEPRECIATION OF ADJOINING LAND VALUES. APPROVAL IS SUBJECT TO THE FOLLOWING CONDITIONS: A. Establishment of homeowners association or other format for assuring long term maintenance of the PUD. The association or agreement/covenants must include the following items: 5 Council Minutes - 7/22/02 • Snow Removal • Mowing of common area and maintenance of landscaping. • Parking stalls, drive maintenance. • Regulations governing fences, storage buildings, • Maintenance of exterior of building B. Required use of pre -finished siding. C. Completion of all site improvements and home improvements as identified in the approved plans. D. Landscaped plantings and/or screening fence to be provided along the western boundary of the site along with installation of landscaped plantings as shown in the attached supporting documentation. E. Landscaping plan should include installation of an irrigation system. F. Side yard lot lines to follow a building wall thus giving all side yard space to the homeowner opposite of the building wall. G. Approval of grading and drainage plans by the City Engineer. In H. Curb and gutter included with the alley. Removal of existing driveways. J. No accessory buildings. K. Units to have a frill/partial basement with ingress/egress windows. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Consideration of establishing procedure for selecting firm to provide legal services for the City. The City Administrator indicated that five firms had been requested to submit proposals for legal services and three firms had responded. The Council needed to indicate how they wanted to proceed on this. There was discussion on the services provided by the current firm and whether there was any improvement in their response time. It was questioned whether the firm had ever been sent a letter listing specific concerns and asking for improvement on those. If not, it was felt that this should be done. The Council was informed that the present city attorney was going to be leaving the firm and going into practice on his own. The firm he was leaving was not interested in taking on the city and since the Council would prefer to deal with a larger firm that would have the expertise needed, it was felt that the present legal counsel would not be considered further. It was noted that the current attorney may be retained to continue with litigation in process. The Council felt they would interview the three firms at a special meeting of the City Council. BRIAN STUMPF MOVED TO HAVE THE FULL CITY COUNCIL CONDUCT THE INTERVIEWS OF THE THREE SELECTED LEGAL FIRMS AT A SPECIAL MEETING OF 0 Council Minutes - 7/22/02 THE CITY COUNCIL SET FOR AUGUST 12, 2002 AT 5:00 P.M. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Items: Crosswalk - John Simola brought a sample of crosswalk sign currently being utilized by some cities. However it was noted that the signs has not been approved by the Minnesota Manual on Uniform Traffic Control Devices Committee. Officials are trying to get this sign approved by the Committee but there is set procedure that needs to be followed to do so. Utilizing the sign without following the specified procedures would place the full liability on the city. He noted that later this year or early next year the results of the various entitites experimenting with the use of this sign would be submitted to the MMUTCD Committee. John Simola recommended that the City not install this type of sign at this time. Parking Lot Improvements - John Simola informed the Council that they are looking at making an improvement to the public parking lot located on Block 35, behind Loch Jewelers. The parking lot is in very bad shape and needs to be replaced. The original parking lot improvements were made in the 1970's and the downtown businesses were assessed for the improvement. The engineer is preparing a report outlining the cost for the work. It was suggested that the cost of replacing the parking lot be assessed. Staff was requesting that the Council authorize setting a public hearing on the proposed improvement. BRUCE THIELEN MOVED TO SET A PUBLIC HEARING FOR PROPOSED IMPROVEMENTS TO THE PUBLIC PARKING LOT LOCATED IN BLOCK 35 AT THE NEXT REGULAR COUNCIL MEETING PROVIDED NOTICE REQUIREMENTS COULD BE MET. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Fire Department Issues - Brian Stumpf noted that there is problem at the southeast corner of the fire hall building with people cutting across there to get to the bike park. The Fire Department was requesting that some kind of fencing be put in place to correct the situation. There is some fencing remaining from the bike park installation that could be used. Fred Patch and Brian Stumpf will meet and work out the placement of the fencing. Brian Stumpf also noted an item for the Police Commission agenda relating to unauthorized vehicles in the parking lot at the Fire Hall. John Simola suggested that a sticker identifying the vehicle as an authorized vehicle would aid the sheriff in enforcement of the parking restrictions. City Administrator, Rick Wolfsteller indicated that a Police Commission meeting was set for July 31. Complaints - Roger Belsaas indicated that he had received a letter from a resident concerning garage sales and problems with barking dogs. He expressed concern that there may not be enough clout in the animal control ordinance to resolve the problem and suggested that it be looked at. Autumn Ride - Jeff O'Neill indicated that the access to County Road 117 from the proposed plat was being reviewed by the County and there is a possibility that only one access will be allowed. Bret Weiss indicated that he felt that two accesses are appropriate and warranted. The County would not okay it unless the speed limit was 45 mph. Bruce Thielen asked if the County would do a speed study. The VA Council Minutes - 7/22/02 r Council felt the speed limit in this area would have to be looked at especially when the Gold Nugget property developed. 12. Approve payment of bills for July. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF BILLS FOR JULY. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Adjourn. BRIAN STUMPF MOVED TO ADJOURN AT 8:05 P.M. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 0 U