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City Council Minutes 07-09-2001MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL July 9, 2001 - 7 p.m. Members Present: Roger Belsaas, Clint Herbst, Brian Stumpf and Bruce Thielen. Members Absent: Roger Carlson 1. Call to Order. Mayor Belsaas called the meeting to order at 7:10 p.m. and declared a quorum present. 2. Approve minutes of June 25, 2001 regular Council meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE JUNE 25, 2001 REGULAR COUNCIL MEETING AS PRESENTED. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to theagenda. The following items were added to the agenda: 1) Landscaping for medians on CSAH 75; 2) Monticello Ford; 3) Follow up on mailbox maintenance; 4) Blight conditions - Red Rock Lane; 5) Street light - River Mill area; 6) Update on liquor store expansion; and 7) Water sprinkling. It was noted that Clint Herbst, Bruce Thielen and Jeff O'Neill will be meeting with representatives of the school district. This meeting was tentatively set for July 24th. 4. Citizens comments/petitions, requests and complaints. Tom and Jean Matis, 106 Balboul Circle came before the Council to request that the City take some action to clear up the blight conditions at 110 Balboul Circle (155-031-002080). They stated that the problem has been ongoing for many years and the City has failed to act on enforcing the City's ordinance. They stated they are trying to sell their property and the presence of the blighted property has not only lowered the value of their property but has kept it from selling. Clint Herbst stated that the City needs someone who is willing to carry out the enforcement of the ordinance. The matter was referred to Fred Patch who was directed to work with the attorney on getting the blighted property into compliance in a timely fashion. City Attorney, Dennis Dalen indicated that the processing time on a blight issue can be as little as 30 days or can run as much as 90 days. Bruce Thielen stated he would like to know what is going on and asked that the Council be updated on the status of this property. BRUCE THIELEN MOVED TO DIRECT STAFF TO WORK ON BRINGING THE BLIGHTED PROPERTY AT 110 BALBOUL CIRCLE INTO COMPLIANCE AND TO Council Minutes - 7/9/01 REPORT BACK TO THE COUNCIL AT THE NEXT MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. John Young, 9631 Gillard Avenue presented two issues of concern to the Council: 1) Speeding on Gillard Avenue and need for installation of a stop sign and 2) Development of a pedestrian walkway for the area. He noted that he had come before the Council a year ago on the same issue but nothing has been done. Mr. Young stated that the sheriff s department patrols the area but the patrol car is not parked there for any length of time so their presence has not deterred speeders. He would like to see a three way stop at the intersection of Gillard and 97th Street. Recently another child was struck by a vehicle in this area and that prompted a request to have the City look at some kind of walkway for pedestrians. Ideally residents would like an off- street pathway from County Road 39 to County Road 75. The Council discussed whether the problem could best be addressed by a pathway or by sidewalk construction. City Engineer, Bret Weiss, indicated that placement of a stop sign does not insure that vehicles will stop so pedestrians may have a false sense of security from the presence of a stop sign. He noted that the sight distance in this particular instance may warrant placement of the sign but it would have to be done in agreement with the Township since they have authority over half of the street. Bruce Thielen stated that placement of stop signs should not be used to control a speeding problem. He felt that the off street pathway should be referred to the Parks Commission so that they could develop a plan for that area which would then come back to the Council for approval. BRIAN STUMPF DIRECTED STAFF TO HAVE THE SHERIFF'S DEPARTMENT PROVIDE ADDITIONAL PATROL FOR THIS AREA. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Jeff O'Neill was directed to provide John Young with the timetable for pathway development plan. Jim Freeberg, 2681 Oak Ridge Drive, came before the Council to request a stop sign be placed at Oakview Lane and Oak Ridge Drive. He pointed out that with the additional development in the area there is increased traffic and traffic is moving at higher speeds. He indicated that there is sight problems at this intersection that should be considered. Bruce Thielen suggested that the City Engineer, Bret Weiss, look at the intersection and make a recommendation to the Council at the next meeting. Bruce Thielen expressed concern about making a habit of installing a stop sign at every location and emphasized that stop signs were not the best way to control speeding. 5. Consent Agenda. A. Consideration of issuing a gambling license to VFW Post #8731 to conduct gambling 2 Council Minutes - 7/9/01 at the Monticello VFW. Recommendation: Adopt resolution authorizing the State Gambling Control Board to issue a charitable gambling license to VFW Post #8731. Res. No. 2001-44. B. Consideration of approving new hires and departures for the Monticello Community Center. Recommendation: Ratify the hiring of the part-time employees for the Monticello Community Center as identified. C. Consideration of an application for rezoning from I-1 to R-2 and a revised development stage conditional use permit/planned unit development and a preliminary plat to allow the development of 97 unit Montissippi Trail Townhomes located on the "Klucas" property. Applicant: Harstad Holdings, Inc. Recommendation: Move to approve the rezoning from I-1 to R-2; to approve the concept and development stage planned unit development and approve the preliminary plat for Montissippi Trail Townhomes on the "Klucas" property with the conditions noted by the Planning Commission. Ord. Amd. #362. On the consent agenda, Clint Herbst pointed out that the rezoning request for item #5C must be approved by a 4/5's vote. John Simola reported that Sunny Fresh had agreed to pay 75% of the cost for the software changes necessary to incorporate the gravity belt thickener onto the system so agenda item #7 could also be included on the consent agenda. BRUCE THIELEN MOVED TO APPROVE THE CONSENT AGENDA INCLUDING AGENDA ITEM #7, SOFTWARE CHANGES TO THE OPERATING SYSTEM FOR THE WWTP. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY THUS MEETING THE 4/5'S REQUIREMENT FOR APPROVAL OF THE REZONING. 6. Consideration of items removed from the consent agenda for discussion. None. 7. Consideration of software change to operating system for the WWTP to incorporate the gravity belt thickener. Included with consent agenda. 8. Consideration of accepting bids and awarding contract for Bridge and Pathway Improvements, Project No. 98-02C. Bret Weiss reviewed the bids received on this project and pointed out that the low bid was $60,000 above the engineer's estimate but was still within 10% of the estimated cost. Because the project was bid later in the construction season, it may have resulted in few contractors submitting bids. Bret Weiss indicated that they are still working on the easement Council Minutes - 7/9/01 acquisition on the Weinand and Dahlheimer property. Mayor Belsaas asked what progress had been made on getting an access on CSAR 75 for Dahlheimers. Bret Weiss stated that they are still working on it but it has not yet been resolved. It is the intent that the bridge and connecting pathway will be completed by this fall. City Administrator, Rick Wolfsteller, indicated that the City has budgeted through 2001 for this project totaling $240,000. However, the City will still need to come up with an additional $185,000-$200,000. The Council will need to make a determination how the balance of the City's portion will need to be funded. BRUCE THIELEN MOVED TO AWARD THE CONTRACT FOR PROJECT 98-02C TO REDSTONE CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $698,072.55 CONTINGENT UPON MEETING ALL OF MN/DOT AND FEDERAL APPROVALS. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of approving plans and specifications and ordering advertisement for bids for the Cedar Street Improvement Project No. 2000-18C. This project was tabled at the last meeting to allow the developer and the City Engineer to meet and review the design for the street project. That meeting took place on July 3, 2001. The developer was now requesting the Council to consider deferring the assessment for the street project until 2003. City Administrator, Rick Wolfsteller, explained that the assessment is normally levied at the completion of the construction. To construct the project in 2001 and not levy the assessment until 2003 could set a precedent for other projects and did the City want to have that much of a time gap between the work being completed and the assessment being levied. Clint Herbst asked about a delayed assessment. Rick Wolfsteller indicated that it may be possible but it may also drive up the financing cost. Dan Mielke spoke indicating that his development group had met and their feeling was that since it was so late into the construction season, they didn't think the project could be completed this year. Their plan was to get all the design issues resolved and bring the project back in January for bidding. Upon learning from the City Engineer, that the project could still be completed this construction season, the development group would like to rethink their plan of action and proceed with the work this year. Previous Council action on street work and the interior utilities was contingent upon Mr. Mielke signing a waiver and to date this waiver has not been signed. Mr. Mielke stated that he could not sign the waiver without seeing the utility plans. Bret Weiss indicated the plans are ready. Mr. Mielke stated he would like to present the plans to his development group. The Council discussed the time frame for bidding the projects and holding an assessment hearing. Adding the 30 day time frame for a possible assessment appeal would put awarding the contract late into the construction season. CLINT HERBST MOVED TO APPROVE THE PLANS AND SPECIFICATIONS FOR � 1 THE CEDAR STREET IMPROVEMENT PROJECT AS PREPARED AND TO ORDER �J ADVERTISEMENT FOR BIDS CONTINGENT UPON THE DEVELOPER SUBMITTING 11 Council Minutes - 7/9/01 A SIGNED WAIVER FOR THE STREET IMPROVEMENTS BY NOON ON JULY 1 1, 2001. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Res. #2001-46 10. Consideration of adopting resolution declaring cost to be assessed and setting a public hearing on adoption of an assessment roll for the Cedar Street Improvement Project No. 2000-1 XC - BRIAN STUMPF MOVED TO ADOPT A RESOLUTION SETTING THE PUBLIC HEARING ON ADOPTION OF THE ASSESSMENT ROLL FOR THE CEDAR STREET IMPROVEMENT PROJECT NO. 2000-18C FOR THE AUGUST 13, 2001 COUNCIL MEETING. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Res. No. 2001-48 11. Consideration of revised cost estimate for 7th Street East Improvements Project No. 2001-07C. City Engineer, Bret Weiss summarized the proposed change to the plans and specifications which remove all the bituminous surface from the street. This would add an estimated $135,000 in cost to the project. CLINT HERBST MOVED TO APPROVE THE REDESIGN OF THE 7TH STREET RECONSTRUCTION PROJECT AND ORDER THE ADVERTISEMENT FOR BIDS. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Res. No. 2001-47. Ar dpd Ttemc-- 1. Landscaping Medians - CSAH 75: The Council discussed the landscaping for the medians on the completed portion of CSAH 75. It was suggested that instead of having the Planner prepare a landscape plan, that the Public Works Department could come up with plan for suggested plantings. John Simola indicated that he would bring this back at the next meeting. 2. Monticello Ford - Clint Herbst asked how the SAC/WAC charges had been determined for the car wash portion of the operation. Rick Wolfsteller explained that there is a formula the City uses that looks at the equipment used, the type of facility, etc. and that is the basis for determining the charges. Whether the car wash operation is for public or private use is not a factor in the formula. 3. Mailbox Maintenance - The question of who is responsible to maintain the mailboxes was brought up at a previous meeting. Maintaining the mailbox is the responsibility of the homeowner. Bruce Thielen felt that there should be some ordinance in place for maintenance of what is placed in the right-of-way. City staff is directed to check into this and bring it back to the Council. 5 Council Minutes - 7/9/01 4. Blight - Bruce Thielen wanted a follow up to the blight complaint on Red Rock Lane which was brought up at the last meeting. Dennis Dalen indicated the complaints were ready to be filed. Bruce Thielen asked that the property owners who brought up this matter be notified of the City's action. Dennis Dalen indicated that he would do so. Bruce Thielen also asked that the Council be kept informed of any legal action taken. 5. Street Light - River Mill - Brian Stumpf asked if anything had been done about the street light. John Simola indicated that he had inspected that area and according to standard layout there appears to be one light missing which will be ordered. Roger Belsaas also reported that there is a problem with one of the lights along the Meadow Oaks path and asked John Simola to check into it. 6. Liquor Store Expansion - City Administrator, Rick Wolfsteller, updated the Council on the proposed expansion to the liquor store and the preliminary layouts that are being looked at. 7. Water Supply - John Simola reported on July 8t" the system pumped 4.3 million gallons of water which is a record high. The high water usage and the continued dry weather has prompted the Public Works Department to ask the Council to implement an odd -even watering system. The Council discussed the effective date of the odd -even watering restriction, the penalties for violation. BRUCE THIELEN MOVED TO INSTITUTE AN ODD -EVEN WATER BAN IN MONTICELLO EFFECTIVE THURSDAY, JULY 12, 2001 AT MIDNIGHT AND TO INSTRUCT CITY STAFF TO COME BACK WITH AN ORDINANCE AMENDMENT TO ALLOW IMPOSITION OF THE WATER BAN IN THE FUTURE WITHOUT IT COMING BACK TO THE COUNCIL AND ALSO TO WORK WITH THE WRIGHT COUNTY SHERIFF'S DEPARTMENT IN ENFORCEMENT OF THE BAN. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Approve payment of bills for July. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF BILLS FOR JULY. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Other: Dick Van Allen wanted to goon record as Chairman of the IDC to recommend that thb City not reinstate an MOAA agreement. He listed a number of concerns about the MOAA agreement. He also expressed his concern that the City address the need for industrial land. Mayor Belsaas indicated that the status of the MOAA agreement will be discussed at the July 11 " MOAA meeting. 9. Closed session to discuss Kjeliberg sewer litigation. The Council closed the meeting at 8:40 p.m. to discuss litigation. At 9:25 the Council reopened the regular Council meeting. The Council indicated that by motion of the City I Council Minutes - 7/9/01 Council the City Attorney was instructed to proceed with the settlement agreement with minor modifications. The City Attorney was directed to inform the County and the Township that in light of the recent court action the majority of the City Council, based on a 3 to 1 vote, is of the opinion that the MOAA Board is no longer in existence. 10. Adjourn. BRUCE THIELEN MOVED TO ADJOURN AT 9:30 P.M.. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Da-junn '�A -Ax>!S'g��� --e— Recording Secretary 7