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City Council Minutes 10-22-2012MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, October 22, 2012 — 7 p.m. Mississippi Room, Monticello Community Center Present: Clint Herbst, Lloyd Hilgart, Tom Perrault, Glen Posusta, Brian Stumpf Absent: None 1. Call to Order and Pledge of Allegiance Mayor Herbst called the meeting to order at 7:00 p.m. and declared a quorum present. The Pledge of Allegiance was recited. 2. Approval of Minutes — October 15, 2012 Special Meeting LLOYD HILGART MOVED TO ACCEPT THE OCTOBER 15, 2012 SPECIAL MEETING MINUTES AS PRESENTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 4 -0. (Glen Posusta did not vote.) 3. Consideration of adding items to the agenda • Boulevard Trees (Glen Posusta) 4. Citizen comments, public service announcements, and updates a. Citizen Comments: 1. Pat Sawatzke (625 W River Street, Monticello) introduced himself as a candidate for Commissioner District 2. He is the current commissioner representing the Monticello area. Mr. Sawatzke also talked about the state funding formula being proposed for the parks and trails portion of the special sales tax. He served on the statewide committee that put together the proposal that will go to the legislature for approval in the next session. 2. Sue Swiecichowski (154 W Broadway, Monticello) reported that Partners for Downtown Monticello is hosting Trick & Treat Downtown on Thursday, October 25 "', They are planning for 400 -800 trick and treaters. 2. Public Service Announcements: 1) MCC Halloween Kiddie Parade (10/27) — Angela Schumann invited the public to attend the Halloween parade and trick or treating at the MCC following the parade on Saturday, October 27t" which starts at the old Walgreen's parking lot. City Council Minutes — October 22, 2012 Page 1 2) General Election (11/6) — Cathy Shuman reminded the public about the upcoming general election on November 6th. Regular voting hours are from 7 a.m. to 8 p.m. at the Monticello Community Center gym. Absentee voting is currently taking place at the City Hall from 8 to 4:30 each day. The last day of absentee voting is Monday, November 51l' until 5 p.m. that day. Absentee voting will also take place on Saturday, November 3`d from 10 a.m. to 3 p.m. at City Hall. 3) Bob Paschke reminded the public about leaf pickup on November 3`d. Must have leaves set out curbside by 7 a.m. 5. Consent A¢enda: A. Consideration of approving payment of bills for October 22nd. Recommendation: Approve payment of the bill and purchase registers for October 22nd in the amount of $1,586,563.91. B. Consideration of approving new hires and departures for City departments. Recommendation: Ratify terminations for Parks. C. Consideration of adopting Resolution #2012 -090 accepting contribution from Tom Perrault for the General Fund. Recommendation: Adopt Resolution #2012 -090 accepting donation of $250 from Tom Perrault to go to the General Fund. D. Consideration of adopting Resolution #2012 -091 approving modification of the Tax Increment Financing Plan for Tax Increment Financing District No. 1 -5 pet EDA recommendation. Recommendation: Adopt Resolution #2012 -091 approving modification to the Tax Increment Financing Plan for TIF 1 -5. E. Consideration of establishing a Fire Truck Study Committee and authorize preparation of plans and specifications for replacement or refurbishment of the ladder truck. Recommendation: Establish a Fire Truck Study Committee appointing Tom Perrault to serve as Council representative and authorize preparation of plans and specification for replacement or refurbishment of the ladder truck and associated apparatus. Study to include development of funding sources for truck, apparatus and modifications to the Fire Hall. F. Consideration of approving Snow Plowing/Removal Policy and Snowmobile Route for 2012 -2013 season. Recommendation: Approve the 2012 -2013 Snow Plowing/Removal Policy with changes as follows: • City- maintained Sidewalks: Add `from 3554 Redford Ln to School Blvd" in the Groveland Area section. • City - maintained Pathway: Add 'from River City Extreme to Redford Ln" and "South side from Animal Hospital east to Edmonson Ave " to the School Blvd section. City Council Minutes — October 22, 2012 Page 2 BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE ADDITION OF ITEM 9 FROM THE REGULAR AGENDA (now #5F) AND DESIGNATING TOM PERRAULT AS THE CITY COUNCIL REPRESENTATIVE IN ITEM #5E. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. 6. Consideration of items removed from the consent agenda for discussion No items were removed from the consent agenda. 7. Public Hearing — Consideration of adopting Resolution #2012 -085 approving an assessment roll for delinquent utilities to be certified for 2013 payable tax year Wayne Oberg presented the list of delinquent utilities to be certified and displayed some graphs showing statistical information about current and prior years of delinquent utilities. Wayne Oberg noted that the delinquents are now being certified just once per year which should make it easier to compare data. Wayne Oberg explained that the total amount to certify is lower than some other recent years and pointed out that delinquent bills average $388.67. Glen Posusta asked if there was a way to prompt people to pay as there are some accounts with over $1000 past due. Wayne Oberg noted that City staff contacts bill payers several times to remind them of payments due and the money will eventually be collected if assessments are certified. Lloyd Hilgart asked if we have the ability to shut water off. Wayne Oberg explained that there are considerations to be made if Council would want to take that direction and City ordinances do allow that. Mayor Herbst opened the Public Hearing. The Public Hearing was closed as there were no public comments. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2012 -085 APPROVING THE ASSESSMENT ROLL FOR DELINQUENT UTILITIES TO BE CERTIFIED FOR 2012 PAYABLE TAX YEAR. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 8. Public Hearing — Consideration of adopting Resolution #2012 -086 approving an assessment roll for delinquent miscellaneous accounts to be certified for 2013 payable tax year Wayne Oberg opened this item by presenting the total delinquent accounts receivable with the bulk of the delinquencies coming from 2 parcels: 155- 152- 000020 (Spirit Hills Drainage Correction Improvements) and 155- 010- 008020 (Clean -up at 713 W 6"' St). Mayor Herbst opened the Public Hearing. City Council Minutes — October 22, 2012 Page 3 Tim Taylor (1820 NE 125th Ave, Blaine MN), owner of the property at 713 W 6"' Street, spoke on behalf of his property and attempts on his part to evict the tenants that created the nuisance problems. Mr. Taylor is protesting the bill that was sent to the Holt's but was never paid. He presented information purporting his claim that he was never notified of this nuisance or the subsequent invoice, and claims he should therefore not be assessed for this bill against his property. Mr. Taylor stated that he returned phone calls from messages left on his cell phone (for notifications that he said he never received) and he has the phone records as proof. Mr. Taylor also claims that he could have cleaned up the property for a lot less money and possibly, according to his research, he could have come out with a credit balance based on some of the items that were cleaned up and recycled. Clint Herbst asked whether the City has access to the inventory. Angela Schumann explained that the Sheriff's Office issued a search warrant and removed the property. The Sheriff's Office secured the property and made a complete inventory of the contents. Clint Herbst asked city staff if they could check on the possibility of retrieving a copy of the documented contents to provide to Mr. Taylor. Mr. Taylor talked about his concerns of how the nuisance was handled and claimed that he would have taken care of the problem if he would have been notified correctly. Jason Warehime (16403 NE Will St, Otsego MN), owner of Metro Appliance Recycling, stated that he was hired by the City of Monticello to recycle the contents that were turned over to him after the Sheriff s Office inventoried the contents that were removed from the property. City Attorney Tom Scott noted that after the work was completed, an invoice was submitted to the City, which is the amount that was invoiced to the Holt's for the property nuisance. Brian Stumpf stated that he would like to see the invoice from Metro Applicance Recycling. Clint Herbst asked whether this item could be brought back at another meeting if they want to do some further research. City Attorney Tom Scott confirmed that Council could reconsider items on the assessment roll at another public hearing. Tim Taylor also commented that it was difficult getting onto the property to do further clean-up. Ron Hackemmueller explained that the property was closed to any unlicensed persons because of the hazardous waste. At the time that Mr. Taylor first tried to access the property, there was no licensed individual or company on site. Since that time, the company has been licensed and it would be permissible for Mr. Taylor to access the property. Ron Hackenmueller further explained that the MPCA told city staff that a company must be properly licensed in order to remove the hazardous waste and clean up the property. The first time the company came on the property, they did not display a license so the city did not permit them to be there. Since that time, they have provided the proper license. Jeff O'Neill spoke on behalf of city staff and noted that staff has complied with city ordinances and laws pertaining to nuisance properties and made every effort to provide proper notification to the Holt's and Mr. Taylor. Mr. Taylor disagreed with Mr. City Council Minutes — October 22, 2012 Page 4 O'Neill's comments. Jeff O'Neill stated that the facts would come out in court should Mr. Taylor elect to appeal the assessment. Mayor Herbst closed the Public Hearing. Jeff O'Neill asked Council for a modification to the proposed assessment roll to have the Spirit Hills item removed and reconsidered at the next Council meeting. This will give more time to contact Roger Winkelman in regard to this item. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2012 -086 APPROVING THE ASSESSMENT ROLL FOR DELINQUENT MISCELLANEOUS ACCOUNTS RECEIVABLE WITH THE EXCEPTION OF 155- 010- 008020 AND 155- 152- 000020 AND TO CALL FOR A PUBLIC HEARING ON NOVEMBER 13 TO RECONSIDER THOSE TWO ITEMS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 9. Consideration of approving Snow Plowing /Removal Poliev and Snowmobile Route for 2012 -2013 season This item was moved to the consent agenda as #517. 10. Consideration of approving a Public Values Statement, an Amendment to Conditional Use Permit for a Concept and Development Stage Planned Unit Development for a 2 lot commercial development, the Second Amendment to PUD Development Agreement for the Carcone Addition, and transfer of property via Quit Claim Deed. Applicant: Cornerstone Chevrolet Steve Grittman, NAC, summarized this item for Council with an explanation of the history of the property and the request for the CUP proposal. The current CUP involves the property owned by West Metro as well as the property that Cornerstone Chevrolet wishes to purchase. There were some issues between them related to a West Metro directional sign that is located on the Cornerstone property. However, Cornerstone Chevrolet would be willing to let that sign remain on their property as long as their request for amendment allows additional signage for their purposes. Steve Grittlan explained that staff has prepared several alternatives, including one based on Planning Commission decisions and another based on a recent meeting held with city staff, Cornerstone Chevrolet and West Metro. Brian Stumpf commented that he understands that the directional sign is very important to West Metro and recommends that it remain where it is. Steve Grittman noted that the applicants also asked that construction of a pathway not be required at this time and instead should occur with a future public improvement project. Steve Grittman also called to the attention of Council an email sent to the City regarding some concerns about content that might be displayed on the message board by the owner. City Council Minutes — October 22, 2012 Page 5 Tom Perrault asked about the exact placement of the message board; Steve Grittman explained that the sign would be located in the parking lot just to the southeast corner of the sales building near Highway 25. A pylon sign would be located near the corner of Highway 25 and Chelsea Road. Scott Powall, from Cornerstone Chevrolet group, thanked the group that worked together to resolve the issues that had come up. He stated they are glad to be part of the Monticello community and would invite the City to submit requests for messages on their sign if they so wish. He commented about the request for the signs on the property and noted they will locate the signs and messages in a respectful manner. Glen Posusta asked Angela Schumann if the signs are in keeping with city ordinance. Angela Schumann explained that 200 sq ft signs are allowed in the PUD; however, there are restrictions as to the size of the message board area with a maximum of 50 sq ft with some considerations. The total free - standing signage is slightly under the total allowed but the message board sign is slightly larger. Lloyd Hilgart asked if they would be foregoing temporary signage as part of the PUD; that was confirmed by Steve Grittran. LLOYD HILGART MOVED FOR ALTERNATIVE #1 UNDER DECISION #1 TO APPROVE THE PUBLIC VALUES STATEMENT AND AMENDMENT TO THE CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT FOR LOT 2, BLOCK 1 AND LOT 2, BLOCK 2 OF CARCONE ADDITION, BASED ON A FINDING THAT THE PROPOSED PROJECT IS CONSISTENT WITH THE INTENT OF THE MONTICELLO COMPREHENSIVE PLAN AND RESULTS IN MEETING OBJECTIVES AND REQUIREMENTS OF THE PLANNED UNIT DEVELOPMENT ZONING REGULATIONS; SUBJECT TO CONDITIONS IN EXHIBIT Z -2 LISTED AS FOLLOWS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. • Applicant maintains the agreements necessary to comply with the existing Conditional Use Permit for cross access with Lot 1, Block 1 Carcone Addition (West Metro Automotive Dealership site). • Existing landscaping on the site is maintained per plan submissions. Additional landscaping will be at the applicant's discretion, outside of the PUD requirements. • Wall signage is installed per plan, as described in the staff report. Future changes to signage will require the applicable sign permits. Expansion or additional signage will be reviewed as an amendment to the PUD. • Freestanding signage is approved as requested by the applicant, as follows: a) Three freestanding signs, one of which must be a monument sign. b) Total freestanding sign area to consist of 335 square feet between the three signs, distributed as follows: i. Maximum digital message board area of 200 square feet including occasional time /temp messaging, along with an expectation of regular community messages as represented by the applicants. ii. One additional pylon sign of 75 square feet in area, 28 feet in height. iii. One monument sign of 60 square feet in area, 14 feet in height. c) Applicants,forgo temporary signage as provided in the sign ordinance. City Council Minutes — October 22, 2012 Page 6 d) All other sign ordinance regulations apply to freestanding signage. • The applicant is to provide a sign plan on a certified survey illustrating free - standing sing locations. • The applicants may maintain the existing 8 square foot off -site directional sign in its current location at the southwest corner of Lot 2, Block 1, for the purpose of identifying the neighboring automobile dealership to the north on Lot 1, Block 1, during the time that such dealership continues to be operational, provided said neighbor provides power to said sign within the Sandberg Road right of way. • Building materials and design as requested and presented by the applicant. • The applicant works with the City at a future time to consider a pedestrian pathway within the right of way along the Highway 25 frontage. • No loading or unloading of vehicles shall occur within the public street right of way. • Trash handling equipment continues to be contained within its current configuration. • Final record plans are developed and provided to the City illustrating compliance with all terms of the PUD approval, other applicable ordinances, and including Exhibit Z -2. • The applicants enter into an amended PUD Development Agreement guaranteeing compliance with the terms of the PUD approval. GLEN POSUSTA MOVED FOR ALTERNATIVE #1 UNDER DECISION #2 TO APPROVE A QUIT CLAIM DEED TRANSFERRING LOT 2, BLOCK 2, CARCONE ADDITION FROM THE CITY OF MONTICELLO TO CP MONTICELLO II RE HOLDCO LLC. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 11. Added items • Boulevard Tree Planting —Glen Posusta stated he was pleased to see some trees have been planted along the boulevard on Chelsea Road East. 12. Adjournment BRIAN STUMPF MOVED TO ADJOURN THE MEETING AT 8:18 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Catherine M. Shuman Approved: November 13, 2012 Attest: C' istrator City Council Minutes — October 22, 2012 Page 7