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City Council Minutes 01-12-2004MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, January 12, 2004 - 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 December 8, 2003 regular Council meeting. ROBBIE SMITH MOVED TO APPROVE THE MINUTES OF THE DECEMBER 8, 2003 REGULAR COUNCIL MEETING. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. B. Approve minutes of December 22, 2003 workshop meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE DECEMBER 22, 2003 WORKSHOP MEETING. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Brian Stumpf asked if agenda item # 13 could be included with consent agenda. City Attorney, Matt Brokl stated that because the item personally involved one of the members of the council , it should not be placed on the consent agenda. Bruce Thielen added discussion of a performance appraisal for the City Administrator and having the City Administrator establish goals for 2004. He also added scheduling of staff and council to initiate the process for selecting a strategic planner. Mayor Thielen also noted that the City Council would be meeting in closed session at the end of the regular meeting to discuss legal action to quiet title on the Jameson property. Glen Posusta asked that a discussion of the parking lot by the former library site be added. 4. Citizen comments/petitions, requests and complaints. Mayor Thielen explained the purpose of this portion of the meeting. There was no one present who spoke under citizens input. Mayor Thielen did acknowledge the presence of the 9t' grade students attending the meeting. Council Minutes - 1/12/04 5. Consent agenda. A. Consideration of ratifying new hires for the MCC, Parks and City Hall. Recommendation: Approve the new hires as identified. B. Consideration of authorizing completion of a special benefit analysis of the future I-94/CSAH 18 interchange. Recommendation: Authorize the completion of a special benefit analysis of the future I-94/CSAH 18 Interchange as proposed by Patchin Messner and Dodd at a cost range of $24,000 to $28,000. C. Consideration of adopting increases to the development fee structure. Recommendation: Adopt the proposed increases to the development fees as recommended. D. Consideration of a request for conditional use permits allowing two 4 unit townhouse buildings in an R-2 District and associated request for a replat of Lots 5,6,7 and 8 of the Meadows subdivision. Applicant Homestead Multi -Family Development Corp. Recommendation: Approve the conditional use permit allowing two 4 unit townhouse buildings in an R-2 District, based on a finding that the zoning supports the use, and the proposal meets the density requirements for the area, subject to the following conditions: I . Submission of a final plat and execution of a development contract prior to issuance of occupancy permits. 2. Establishment of an association to maintain common areas, including the cul-de-sac island landscaping. 3. Separation of combined driveways to meet City curb -cut width maximums. 4. Increase number of boulevard trees per City standards and this report. 5. Provide landscaping plans for foundation plantings. 6. Provide sidewalk along Prairie Road to connect to Timber Ridge. 7. Provide landscaped buffer along the north boundary of the project consistent with Timber Ridge and this report. 8. Compliance with City Engineer's recommendations on grading, drainage, utilities, and street construction. 9. Compliance with City Public Works direction for mailbox locations, garbage collection locations, street lighting and other requirements. Glen Posusta requested that Item #513 be removed for discussion. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM #5B FOR DISCUSSION. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. Glen Posusta questioned why the City did not pursue getting more than one quote for the study of the special benefit analysis. Jeff O'Neill responded that this is very specialized work and the firm proposing to do the study is highly qualified. He added that the staff would seek additional quotes if so directed by the Council. Robbie Smith questioned if a lower quote was received would the City be obligated to go with that one. Bruce Thielen stated that the firms are providing a service and that the Council can select a service based on other factors besides price. 2 Council Minutes - 1/12/04 GLEN POSUSTA MOVED TO HAVE STAFF OBTAIN ONE OR TWO ADDITIONAL QUOTES TO DO THE SPECIAL BENEFIT ANALYSIS STUDY OF THE I-94/CSAH 18 INTERCHANGE. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Public Hearing - Consideration of vacating easements on Lot 1, Block 3 Groveland 2"d Addition. When property in Groveland Second Addition was replatted into Groveland Place resulting in changed lot lines for the property involved, the City obtained, as part of the plat, easements along the new lot lines. The old interior lot line easement should have been vacated at that time since it was no longer needed but vacation of the easement was overlooked until the title company noted that the easement had not been vacated. The purpose of the public hearing was consider vacating this easement that is no longer needed. Mayor Thielen opened the public hearing. There was no one present who spoke for or against the proposed vacation. Mayor Thielen then closed the public hearing. GLEN POSUSTA MOVED TO ADOPT THE RESOLUTION APPROVING THE VACATION OF THE DRAINAGE AND UTILITY EASEMENT AFFECTING LOT 1, BLOCK 3, GROVELAND 2ND ADDITION. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Monticello Arts Council - Introduction. Jim Fleming came before the Council to provide information about the formation of the Monticello Arts Council. He spoke briefly explaining some of the functions of the organization and the goals they had set. It is hoped that the formation of the Monticello Arts Council will foster awareness of arts in the community. 9. Consideration of annual appointments for 2004. The Council reviewed the annual appointments for 2004. Glen Posusta was named as Council liaison to the Planning Commission and Robbie Smith was designated the Council representative on the Community Education Board. Because he is already serving on the Joint Fire Board, Police Commission and Annexation Committee, Brian Stumpf asked if another member of the Council would be willing to serve on the Library Board. Glen Posusta indicated he would serve in that capacity. The only other change to the appointments was that Dennis Sullivan would complete his term on the Design Advisory Team which runs through December 31, 2004. ROBBIE SMITH MOVED TO APPROVE THE APPOINTMENTS FOR 2004. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. J Council Minutes - 1/12/04 10. Consideration of request by Kirk Kjellberg to be excluded from organized garbage collection as residential. Matt Brokl, City Attorney, provided background on this agenda item which relates to a dispute regarding garbage service to the Kjellberg West Mobile Home Park which was recently annexed into the City. The City was approached by the property owner regarding the service and the fact that the mobile home park has a contract providing the same service but at less cost. They also object to being classified has residential/commercial instead of commercial. If they were classified as commercial they would be able to contract independently for garbage service. At the present time the property owner has not allowed the City's hauler onto the site to collect garbage. The City Attorney and Mayor have met with the property owner on this issue. Kirk Kjellberg spoke to the Council and stated the mobile home park is an unique situation in that there are no public streets in the park and the park is an enclosed community. Since the City's contract with Onyx was in place before their property was annexed into the City the mobile home park is not covered by it. John Simola stated that City ordinance provides that garbage collection is provided to all properties within the City limits regardless of when the property comes into the City. Kirk Kjellberg stated that the mobile home park has provided economical housing for 40 years and he felt that being able to contract separately for garbage collection was more cost effective for the residents of the trailer park. Being classified as residential/commercial under the City's classification would mean that the mobile home park residents would have higher garbage charges than if the mobile home park continued under its contract with the present hauler. The mobile home park would like to be treated as a commercial enterprise and be allowed to contract for their garbage collection services. Mayor Thielen asked Mr. Kjellberg for his response to the staff s recommendation which was to allow the Kjellberg West Mobile Home Park to complete their contract with the present hauler which expires on December 31, 2005. Mr. Kjellberg stated that he would like to have this looked at by his attorney before committing to it. Brian Stumpf stated he had some reservations about having the mobile home park designated as commercial and the precedent that might set. Kirk Kjellberg stated that the Council should consider whether Onyx had the right to bill for collection when they did not pick up any garbage at the park. John Simola stated that Onyx has been on the mobile home property each collection day but no cans had been set out. Robbie Smith asked if the mobile home park designation was changed, what impact would that have. John Simola replied that he thought it would have snowball effect with other properties like apartments and town homes also requesting the commercial designation. BRIAN STUMPF MOVED TO ALLOW THE KJELLBERG WEST MOBILE HOME PARK TO CONTINUE THEIR PRESENT CONTRACT WITH THEIR GARBAGE HAULER UNTIL DECEMBER 31, 2005. Glen Posusta stated that he had a concern with the City providing recycling services to the mobile home park at no charge. John Simola noted the recycling charges are $1.87/per month/per unit. Kirk Kjellberg questioned whether the recycling was monitored. It was suggested that as part of the motion, Kirk Kjellberg and the staff meet to negotiate the numbers 11 Council Minutes - 1/12/04 and then report back to the Council. Matt Brokl clarified that the Council motion maintains the status quo put in place until the negotiations are completed. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Consideration of hiring additional Operator/Mechanic for the Public Works Department. John Simola provided background on this agenda item noting that in the 2004 budget there were funds set aside for a full-time position in the Public Works Department for V2 year. John Simola stated that because of medical leaves affecting a couple of Public Works employees they had to hire a temporary person to help with the work load. The Public Works Department would like to move up the advertising for this position from July to February. The Public Works Department would look at reducing capital outlays in an amount equal to the extra months of the labor cost for this position. Bruce Thielen expressed his concern about how the item was presented. He felt this request should have gone to the Personnel Committee for review and then forwarded to the Council. He felt that the way it was presented did not seem to provide an equal opportunity to all. Glen Posusta felt if the temporary employee was doing a good job and submitted his application for the position, he saw no reason why that temporary employee should not be considered for the position. John Simola stated that all he was requesting was that the Council allow him to advertise for this position earlier in 2004. BRUCE THIELEN MOVED TO REFER THE HIRING OF AN ADDITIONAL OPERATOR/MECHANIC FOR THE PUBLIC WORKS DEPARTMENT TO THE PERSONNEL COMMITTEE AND HAVE THE PERSONNEL COMMITTEE MAKE A RECOMMENDATION TO THE COUNCIL. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Brian Stumpf asked if there was a deadline for the Personnel Committee to make their recommendation to the City Council. Bruce Thielen said the Personnel Committee would meet when the City Administrator returned from vacation and prior to the next regular Council meeting 12. Consideration of adopting amendment to Comprehensive Plan eliminating or modifying zero setback requirements at the intersection of Broadway and Pine Street (Block 521 It was noted that there was a joint meeting of the various boards and commissions of the City to discuss the proposed amendment to the Downtown Revitalization Plan to accommodate the possible development of the site for a Walgreens store.. Jeff O'Neill updated the Council on the agenda item and provided some additional information and sketches on a Walgreens store located in the Maplewood/St. Paul area. Bob Cunningham from Toll Development spoke to the Council stating he had met with the real estate people for Walgreens and the reason they are asking for the setback is for flexibility in their design. He noted that there are nine property owners on the block and flexibility is needed Council Minutes - 1/12/04 to work with the landowners in order to effect a site plan for Walgreens. Brian Stumpf felt that the consensus of the various commissions at the December 22"d meeting was to have a zero setback along County Road 75 (Broadway) and allow a setback along TH 25 (Pine) and he questioned whether anything had changed since that time. Bob Cunningham said the only thing that had happen is that some sketches had been done for internal use by Walgreens. Bob Cunningham felt having a zero setback on County Road 75 would be untenable for Walgreens. Bob Cunningham said Walgreens is a very demanding client looking for the best location in the best communities. Glen Posusta stated he had a number of issues with this with the primary concern being that the developer has not acquired any of the property needed for this development to take place. Another major concern is access for the site. He also felt the site plan was much too preliminary for them to make any good decision on. Bruce Thielen agreed that there were a lot of problems with the site. There was continued to discussion about the site and the issues of access. Robbie Smith said the Council is voting on an amendment to the site plan which is a separate issue from the development itself, TIF financing or securing the property. He stated he was in favor of allowing the setback on the Broadway side. Roger Carlson stated that he agreed with many of the comments made by the Council. Historically that intersection had three gas stations and so there was no zero setback originally. It was only within the past 15 years that the zero setback was required. He was in favor of allowing a setback on both streets. Glen Posusta felt uncomfortable, in light of the comments made by the various commissions desiring that the City adhere to the zero setback, that the Council would go against the consensus of these commissions. Bruce Thielen felt that most of the commissions were okay with maintaining the setback along County Road 75. Brian Stumpf said before other issues on the development can be addressed the amendment has to be addressed. ROBBIE SMITH MOVED TO APPROVE AN AMENDMENT TO THE DOWNTOWN REVITALIZATION PLAN THAT WOULD ALLOW A SET BACK ON BOTH STREETS BASED ON A FINDING THAT THIS CORNER IS AN INAPPROPRIATE LOCATION FOR TRADITIONAL DOWNTOWN DEVELOPMENT PATTERNS DUE TO HIGH TRAFFIC LEVELS. ROGER CARLSON SECONDED THE MOTION. UPON VOTE BEING TAKEN, SMITH, CARLSON AND POSUSTA VOTED IN FAVOR AND THIELEN AND STUMPF VOTED IN OPPOSITION. The motion failed since a 4/5's majority is required to amend the comprehensive plan. Roger Carlson asked Matt Brokl, City Attorney, if it is appropriate to have contingencies in the motion. Matt Brokl said no that you cannot condition a change to the plan. You either make the change or you do not make the change. BRIAN STUMPF MOVED TO APPROVE AN AMENDMENT TO THE COMPREHENSIVE PLAN ALLOWING PARKING TO THE FRONT OF THE BUILDING ALONG PINE STREET BUT STAY WITH THE ZERO SETBACK ALONG BROADWAY BASED ON A FINDING THAT THE TRAFFIC ALONG PINE STREET RESULTS IN A DEGRADED 6 Council Minutes - 1/12/04 PEDESTRIAN ENVIRONMENT IN THIS LOCATION. BRUCE THIELEN SECONDED THE MOTION. In further discussion, the question was raised that if the development doesn't go through what happens. Matt Brokl indicated the Council could revisit the issue. Roger Carlson asked if the amendment applied to everything in the CCD district or just to Block 52. Jeff O'Neill indicated the intent was to have it apply only to Block 52. BRIAN STUMPF AMENDED HIS MOTION TO INCLUDE THAT THE PROPOSED AMENDMENT PERTAINED ONLY TO BLOCK 52. BRUCE THIELEN SECONDED THE AMENDED MOTION. MOTION CARRIED UNANIMOUSLY. 13. Consideration of authorizing_ agreement for service for cemetery caretaker services. John Simola, Public Works Director, provided background on this item. It is proposed to split the duties of the caretaker position between the Parks Department staff and Peterson-Grimsmo Chapel. John Simola briefly outlined the division of duties and noted the estimated cost to the City for the duties performed by Peterson-Grimsmo is $275/month and the contract is set up for one year. Glen Posusta asked what the contract for mowing in the cemetery was based on. John Simola replied that is based on a set cost per time. The contractor mows approximately 11 times a year and does a fall clean up. Glen Posusta asked about cemetery rules. John Simola noted that the Cemetery Committee had set up rules and procedures which are being adhered to. A copy of the cemetery rules are given to each individual who acquires a cemetery lot. BRIAN STUMPF MOVED TO APPROVE SPLITTING THE CEMETERY CARETAKER POSITION BETWEEN THE PARKS DEPARTMENT AND THE OUTSIDE CONTRACTOR, PETERSON-GRIMSMO CHAPEL AND AUTHORIZE THE CITY STAFF TO ENTER INTO AN AGREEMENT WITH SAID CONTRACTOR TO PERFORM THOSE DUTIES AS LISTED IN THE AGREEMENT FOR SERVICES AT RIVERSIDE CEMETERY FOR A LUMP SUM OF $275 PER MONTH. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH ROGER CARLSON ABSTAINING. 14. Approve payment of bills for January Brian Stumpf questioned the bill for Bayer Auto, Inc. John Simola explained that the hoist that was specified for the Park Department truck didn't mesh with the fuel tank and the fuel tank was replaced. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7 Council Minutes - 1/12/04 Added Items Bruce Thielen stated he would like to have the City Administrator prepare a list of goals for 2004 which would be reviewed by the Council when they conduct their annual performance review of the City Administrator. The date for this review was set for February 9, 2004 at 5:30 p.m. Bruce Thielen stated that previously the various City Commissions had listed their goals and priorities. He felt Council and staff needed to initiate the process of selecting a firm to help with the strategic planning. Glen Posusta asked about the parking lot that was proposed to be constructed on the block that formerly housed the library site. It was delayed last fall and his question was whether plans had been prepared so that the project could be constructed in the spring. Fred Patch responded that plans had been prepared and submitted to both Vaughn Veit and the contractor for Wells Fargo. Mr. Veit did not respond and the quote from the Wells Fargo contractor was considerably higher than the City anticipated so the work was delayed until spring. Fred Patch stated that negotiations for the construction of the parking lot would have to start no later than March in order for it to be constructed in the spring. Glen Posusta asked about the plowing of the head -in parking. John Simola stated that the plowing can be done only when no vehicles are parked there. John Simola indicated that he would get in touch with Sunny Fresh to see if a memo could be sent to their employees regarding the parking. 011ie Koropchak had submitted to the Council an update noting some future events that would be of interest to the Council including the activity of the small group that is working on the acquisition of industrial land. Glen Posusta and Brian Stumpf will meet at 6:15 on January 26, 2004 to be updated on the small group's activity to date. Roger Carlson and Robbie Smith will meet at 5:30 for the update. Bret Weiss reported that MnDOT had indicated they would not allow the installation of a crosswalk at TH 25 and 4t" Street. Bret Weiss also submitted a design and cost estimate for signs at Dundas Road. The Council then went into a closed session at 8:50 p.m. to discuss with the City Attorney legal action on a quiet title matter affecting Old Territorial Road and the Jameson property. The City Council meeting was reconvened at 9:05 p.m. Mayor Thielen stated that at the closed session City Council provided direction for the City Attorney on the legal matter. 15. Adjourn. ROGER CARLSON MOVED TO ADJOURN AT 9:05 P.M. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. �-S Recording Secretary 0