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City Council Minutes 08-09-2004MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, August 9, 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. 2. Approve minutes of July 26, 2004 regular Council meeting. ROBBIE SMITH MOVED TO APPROVE THE MINUTES OF THE JULY 26, 2004 REGULAR COUNCIL MEETING. BRIAN STUMPF SECONDED THE MOTION WITH A SPELLING CORRECTION NOTED ON PAGE 9. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to theagenda. Glen Posusta added to the agenda discussion of the bills that were passed at the last meeting. A public hearing for a conditional use permit for a planned unit development in the B-3 zoning district which had been taken off the Council agenda was being added as # 8 so that the Council could open the public hearing and table action on the request. 4. Citizen comments, petitions, requests and complaints. Mayor Thielen explained the purpose of the citizen comment portion of the agenda. Jeff Young of 1276 County Road 37 NE, Buffalo presented an award to Glen Posusta for his support of the efforts of the Monticello Township Citizens Against Annexation. 5. Consent agenda. A. Consideration of ratify new hires and departures for Liquor store and Public Works. Recommendation: Ratify new hires and departures as identified. B. Consideration of adoption of joint resolution for annexation of proposed Hunters Crossing Development. Recommendation: Approve the resolutions annexing the property comprising the Hunters Crossing development. Resolutions No. 2004-55 and 2005-56. C. Consideration of preliminary plat and development stage PUD for Hunters Crossing. Recommendation: Approve development stage PUD for Hunter's Crossing based on the comments from the staff report for the February 3, 2004 Planning Commission City Council Agenda — 08/09/04 meeting and the conditions noted below: 1. The applicant identify pathway locations consistent with the recommendations of the City Engineer and this report. 2. Sidewalks should be added to the north side of Ehler Lane. 3. For PUD consideration in the townhome area, building materials should be changed by adding contrasting materials and articulation to the rear building walls on the townhomes. 4. A property owner's association be created for the townhome area of the project addressing maintenance responsibilities for common areas, covenants etc. The by-laws for such association shall be subject to review and approval by the City Attorney. 5. A landscape plan for the townhome area should be revised to add a significant number of trees, and include both cultured and naturalized landscape areas. 6. The landscape plan for the common ponding areas and cul-de-sacs should be revised to add detail, subject to staff review. 7. The City Engineer provide comment regarding grading, drainage and utility issues. 8. The applicant enter into a development agreement with the City and post all the necessary securities required by it. 9. A phasing plan is submitted for review, and subject to staff recommendations on access and utility extensions. 10. Annexation approval of the project area into the City of Monticello. 11. Identification at final plat of a lot line outlot and/or easement configuration that would enable public use of the corridor without creating a maintenance problem for Public Works. and 2) approve the preliminary plat of Hunter's Crossing based on comment from the staff report for the February 3, 2004 Planning Commission meeting and the conditions noted above. D. REMOVED FROM AGENDA E. Consideration of amendment to final plat and development agreement - Parkside at Meadow Oaks 2nd Addition. Recommendation: Approve an amendment to the final plat of the Parkside at Meadow Oaks 2n1 Subdivision. F. Consideration of final plat and development agreement for Cottage Charm development. Recommendation: Approve the final plat for the Cottage Charm Subdivision. G. Consideration of authorizing geotechnical and survey work and consideration of ordering appraisals relating to acquisition of right-of-way necessary to support development of the road system. Recommendation: Approve authorizing the geotechnical and survey work associated with planning for the I-94/CSAR 18 interchange including authorization to obtain appraisals on land to be acquired in conjunction with development of the road system. H. Consideration of ordering feasibility report and plans and specifications for School Boulevard and sidewalk improvements - Wal-Mart. Recommendation: Approve ordering of feasibility report and plans and specifications for School 2 City Council Agenda — 08/09/04 Boulevard, Cedar Street and Deegan Avenue improvements contingent on completion of a petition for public improvements by affected property owners and contingent upon Wal -mart providing a $35,000 deposit.. REMOVED FROM AGENDA J. REMOVED FROM AGENDA L. Review of 2004 annual sidewalk inspection report. Recommendation: Accept and approve the 2004 annual sidewalk inspection report. M. Consideration of approving temporary charitable gambling license - Monticello Women of Today. Recommendation: Adopt a resolution authorizing the State Gambling Control Board to issue a temporary charitable gambling license to the Monticello Women of Today for a raffle at their state convention on November 21, 2004. Glen Posusta requested that item #5L be removed from the consent agenda. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM #5L. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. Item #5L - Glen Posusta noted that some of the sidewalk with handicapped ramps had truncated domes and others did not. He questioned why it was not uniform. John Simola, Public Works Director, indicated that there was a change in design standards which is the reason there is a difference. Glen Posusta asked if the City had looked at jacking the sidewalk panels instead of replacing them. John Simola stated that the City has been doing that and approximately 75% of the panels were repaired by jacking. GLEN POSUSTA MOVED TO ACCEPT AND APPROVE THE 2004 ANNUAL SIDEWALK INSPECTION REPORT WITH THE CITY STAFF TO MEET WITH PAT SAWATZKE TO DETERMINE THE SCHEDULE FOR REPLACEMENT OF SIDEWALK IN FRONT OF JADE PATRICK SALON. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Continued ,public hearing - Block 35 improvements. At the July 26, 2004 meeting, the Council opened the public hearing on proposed J City Council Agenda — 08/09/04 improvements for Block 35. Some of the affected property owners submitted a petition in opposition to the proposed improvements. The Council continued the public hearing to allow the EDA time to consider whether or not to proceed with the project. 011ie Koropchak, Economic Development Director, stated that the EDA has met and has determined that the objections of the two property owners, who own four properties in the project area would make it difficult for the EDA to proceed with the improvements. The EDA was asking that the Council support the EDA's recommendation not to proceed with the project. BRIAN STUMPF MOVED TO SUPPORT THE EDA' S RECOMMENDATION NOT TO PROCEED WITH THE PROPOSED IMPROVEMENTS FOR BLOCK 35. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Public Hearing for consideration of a request for a conditional use permit for a commercial concept stage planned unit development in the B-3 zoning district. Applicant: Shingobee Builders/UBD Properties. (This item was added to the agenda) Jeff O'Neill stated that the City Council was conducting the public hearing on this item because staff was not able to meet the publication requirements in time for the item to be considered by the Planning Commission. This proposed development is in the area of TH 25 and Chelsea Road. In discussion of the proposed development an issue came up relating to access. For that reason the developer is requesting that the Council open the public hearing and continue it until the August 23, 2004 meeting. Mayor Thielen opened the public hearing for consideration of a request for a conditional use permit for a commercial concept stage planned unit development in the B-3 zoning district. ROGER CARLSON MOVED TO CONTINUE THE PUBLIC HEARING ON THE REQUEST FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL CONCEPT STAGE PLANNED UNIT DEVELOPMENT IN THE B-3 ZONING DISTRICT UNTIL AUGUST 23, 2004. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Public Hearing on consideration of request for a conditional use permit and simple subdivision to create two single family residential lots in the CCD. Applicant: Dennis James Custom Bldrs. Jeff O'Neill stated that the City Council was conducting the public hearing on this item because publication requirements could not be met in time for the Planning Commission to consider the item. The applicant was requesting a simple lot division to create two lots and also a conditional use permit to allow ground floor residential units in the CCD .19 City Council Agenda — 08/09/04 district. Jeff O'Neill indicated that the Planning Commission had discussed the proposal and did not recommend approval of the conditional use permit. Mayor Thielen opened the public hearing on the subdivision and request for conditional use permit. Don Doran, 515 Maple Street, stated that on the notice he had received it indicated a variance was also being requested. He wanted to know if the variance in setbacks was still being requested and what the setbacks were for this district. Jeff O'Neill responded that the setbacks for the CCD district were 6' from the property line. Glen Posusta clarified that the 6' setbacks were for garages and that residential structures had 10' setbacks. Mr. Doran had additional questions on how the structures would be placed on the lots. It was noted that the developer had not indicated that on the drawings he submitted. John Simola, Public Works Director, noted that the agenda item contained no reference to easements. He would like to see the standard 6' side yard and 12' front and rear yard easements be required on the lots. Mayor Thielen then closed the public hearing. BRIAN STUMPF MOVED TO APPROVE THE SUBDIVISION OF LOTS 2, 5, AND 6, BLOCK O OF THE ORIGINAL PLAT OF THE CITY OF MONTICELLO BASED ON A FINDING THAT THE PROPOSED LOTS ARE CONSISTENT WITH OTHER ORIGINAL PLAT LOTS AND THAT THE DOWNTOWN PLANNING DOCUMENTS SUPPORT MIXED USES INCLUDING SINGLE FAMILY AND TO REQUIRE EASEMENTS ON THE LOTS OF C ALONG THE SIDE LOTS LINES AND 12' ALONG THE FRONT AND REAR LOT LINES. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ROGER CARLSON MOVED TO APPROVE THE CONDITIONAL USE PERMIT BASED ON THE FINDING THAT THE PROPOSED HOUSING MEETS THE REQUIREMENTS OF THE CUP REGULATIONS IN THE CCD SECTION OF THE ZONING ORDINANCE INCLUDING THE RECOMMENDATION OF THE PLANNING COMMISSION ON THE HOUSING STYLE AND THAT THE APPLICANT NOT USE GARAGE FORWARD HOUSE DESIGN AND THAT THE APPLICANT BE PERMITTED TO CONSTRUCT THE BUILDING TO C SIDE YARD SETBACKS. 10. Public Hearing on consideration of preliminary plat approval for residential plat of Nathan's Court. Applicant: Quality Builders. Jeff O'Neill stated the Council was holding the public hearing on this item because the publication requirement could not be met for Planning Commission to hear the item. 5 City Council Agenda — 08/09/04 Nathan's Court consists of 8 lots and lies between Hunter's Crossing and Klein Farms 7t' Addition. Mayor Thielen opened the public hearing. No one was present who spoke for or against the proposed plat. Mayor Thielen then closed the public hearing. BRIAN STUMPF MOVED APPROVE THE PRELIMINARY PLAT FOR NATHAN'S COURT BASED ON COMMENT FROM THE STAFF REPORT FOR THE AUGUST 3, 2004 PLANNING COMMISSION MEETING AND WITH THE FOLLOWING CONDITIONS: 1. The City approve a variance to accommodate the proposed 600 foot cul-de-sac length. 2. Fairhill Lane be shifted to the south to avoid encroachment into the NSP powerline easement. Subject to further comment by the City Engineer. 3. The location of the proposed stormwater detention basis is found to be acceptable by NSP and documentation of such determination shall be provided to the City. 4. The landscaping plan is revised to comply with zoning and subdivision ordinance requirements and final staff review. 5. Subject to the comments of the City Engineer regarding grading, drainage and utility issues. 6. The subdivision is subject to review and recommendation by the Parks Commission. 7. The applicant enter into a development agreement with the City and post all the necessary securities required by it. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Consideration of plans and specifications for surfacing Block 35, Groveland Park and Pioneer Park parking lots. John Simola, Public Works Director, provided background information noting that the parking lot at Pioneer Park has been graded and rough grading has been done at the Groveland Park. The proposal is to combine the three parking lot projects for cost efficiency reasons. Glen Posusta asked about the curb cuts and John Simola indicated that the project has not been designed out yet. John Simola stated that the three projects together will exceed $50,000 so the project does need to go through the bid process. There was some discussion on whether the proposed parking spaces (15 at Groveland and 22-24 at Pioneer Park) would be adequate. ROBBIE SMITH MOVED TO AUTHORIZE WSB AND ASSOCIATES TO PREPARE PLANS AND SPECIFICATIONS FOR THE BLOCK 35 PARKING LOT, PIONEER PARK PARKING LOT AND GROVELAND PARK PARKING LOTS WITH THE PLANS TO COME BACK FOR COUNCIL APPROVAL WHEN COMPLETED. GLEN POSUSTA SECONDED THE MOTION WITH COMMENT. Glen Posusta questioned whether anyone would be assessed for the improvements to the Block 35 parking lot. Rick Wolfsteller stated that the adjacent properties had not been noticed that they would be assessed for any improvement and it was proposed to fund on City Council Agenda — 08/09/04 these improvements out of the general fund. John Simola added that this is the first time there was a reconstruction of the parking lot. He noted that when the original improvements to the parking lot were made there was a complex formula based on a number of factors that was used to determine the assessment. If the Council determines the abutting properties should be assessed, then staff would need to come up with an assessment formula and a public hearing would need to be held. Bruce Thielen asked if Glen Posusta wanted to withdraw his second to the motion. Glen Posusta indicated he did not but did question why did the City was not assessing for this improvement when they assess any improvements in other areas. UPON VOTE BEING TAKEN THE MOTION CARRIED UNANIMOUSLY. 12. Consideration of offer to purchase property - Applebee's. City Administrator, Rick Wolfsteller, informed the Council that after the last meeting the City had received a letter of intent from Applebee's relating to the purchase of land in the City owned development of Jefferson Commons. Applebee's has been looking at a number of sites in Monticello including the Jefferson Commons area. They are proposing to purchase 1 1/2 acres of land south of the Culver's site. Rick Wolfsteller informed Applebee's the City is in the process of putting together a development plan for Jefferson Commons and that at the last meeting the Council had discussed getting an appraisal for the property. Rick Wolfsteller indicated that pricing information as well as general information about sales in the area and other background information had been provided to the appraiser. The appraiser indicated that it would take approximately 30-60 days to complete the appraisal. The offer from Applebee's was brought before the Council because it expires on August 13, 2004. The Council has the option to accept the offer, negotiate further with Applebee's or delay any action until a development plan and appraisal for Jefferson Commons has been completed. Bruce Thielen asked if Applebee's would be willing to extend the offer. Steve Canada representing Applebee's indicated they would be willing to extend the offer but not for an unlimited period of time. Bruce Thielen asked if they could extend it the 30-60 days needed to complete the appraisal. Steve Canada indicated the 60 days would be a concern but he would be willing to work on it. Steve Canada said not all the deals out there can be compared on apples to apples basis. Robbie Smith asked what size restaurant would they be constructing. Steve Canada stated they are looking at a mid-size restaurant, seating 164-169 which is comparable to other Applebee restaurants in the Metro area. The Applebee's located in Buffalo is a smaller site seating approximately 145. Glen Posusta stated that he felt an any appraisal of this property should be looking at 7 City Council Agenda — 08/09/04 comparable sites in neighboring communities such as Elk River, Buffalo, etc. and not look solely at sales activity in Monticello. Brian Stumpf stated his concern about the provision that would restrict certain other restaurants from locating in the area of the proposed Applebee's. Steve Canada noted the restriction was only against specifically named restaurants in the same class as Applebee's and the restriction was only in siting those restaurants in the same area as the Applebee's. Brian Stumpf and Glen Posusta expressed their reservation about the provision restricting other specific restaurants in the area. Bruce Thielen noted there are areas such as Riverdale in Coon Rapids where there are a number of restaurants in close proximity to each other. City Attorney, Matt Brokl stated that this is a fairly standard provision in contracts and the restriction lists six specific restaurants from being located in the same subdivision. It does not restrict these restaurants from locating anywhere else in the city. ROBBIE SMITH MOVED TO TABLE ACTION ON THE OFFER FROM APPLEBEE' S TO PURCHASE LAND IN THE JEFFERSON COMMONS DEVELOPMENT UNTIL A DEVELOPMENT PLAN AND AN APPRAISAL BY PATCH AND MESSNER HAVE BEEN COMPLETED. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Consideration of Requests for Proposals Documents for Engineering Services for new Water Tower, Project No. 2004-30C. John Simola, Public Works Director, stated that if the Council approves the request for proposals, they would be sent out to five firms. Staff would review the proposals and narrow it down to three firms. Interviews with the firms would be scheduled at a special meeting of the Council held on September 13, 2004 at 5:30 p.m. GLEN POSUSTA MOVED TO APPROVE THE REQUESTS FOR PROPOSALS AS DRAFTED AND AUTHORIZE THE DISTRIBUTION TO FIVE ENGINEER FIRMS WITH INTERVIEWS AND SELECTION OF AN ENGINEER TO BE DONE ON SEPTEMBER 13, 2004. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 14. Consideration of adopting a resolution approving Monticello Heartland Express 2005 Budget and Transit Assistance Application. Jeff O'Neill provided the background information on this item noting the input the City received in making the decision to continue with the Monticello Heartland Express. The 2005 Budget and Transit Assistance Application has been prepared. MnDOT has indicated that they will require the City to have a full time employee to handle the transit program which would also include dispatching work. Jeff O'Neill stated that the �3 City Council Agenda — 08/09/04 cost of the employee would not be funded by the state in 2005 but there may be funding available in future years. He also noted other areas of increase as well. Since the state has capped its grant funding level, any increase over the state cap would be paid by the City. The proposed budget for 2005 is $107,170.00 with the state funding approximately $48,000. This would leave $59,170.00 as the City's share. Initially the City thought the employee required for the transit system program would have time to handle other city duties. However, with dispatching duties included in this position it would limit how many other duties, if any, this individual could perform in addition to the transit operation. Glen Posusta noted there was an article about commuter rail coming to Big Lake. He found it ironic that an individual couldn't get on a bus to get to Big Lake to use the commuter rail system as the Heartland Express does not go outside the city limits. For that reason he felt the City should consider the River Rider system. He also had concerns about increased cost of adding another employee. Jeff O'Neill stated the current system doesn't allow it but the City could request permission to amend the plan to allow some travel outside the city limits, such as to Big Lake. Robbie Smith stated that the reason he supported Heartland Express is if the system is discontinued by the City there will not be an opportunity to get it reinstated. Roger Carlson added that even though River Rider does go outside the city limits, they had specific times for these trips so it was not always easy to get the ride when you needed it. Brian Stumpf was not enthused about the City having to hire another employee as a requirement of this program. BRIAN STUMPF MOVED TO ADOPT A RESOLUTION APPROVING THE MONTICELLO HEARTLAND EXPRESS 2005 BUDGET AND TRANSIT ASSISTANCE APPLICATION AND TO AUTHORIZE STAFF TO PREPARE A JOB DESCRIPTION AND SEEK APPLICANTS FOR A PLANNING POSITION WITH A STRONG FOCUS ON TRANSIT AND TO AUTHORIZE STAFF TO PREPARE A BID SPECIFICATION FOR THE 2005 SERVICE YEAR BASED ON THE MANAGEMENT PLAN. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION. 15. Consideration of setting a date for initiating a Visioning and Strategic Planning Process. Bruce Thielen talked about initiating a Visioning and Strategic Planning process noting that the last time the City had done this kind of activity was in 1997. With the annexation issue resolved, the City should look at where it wants to be in the next 15 or 20 years. The City would be looking at two tracks: 1) Planning and 2) Organizational. Part of the planning process would include a survey of residents in order to get their M City Council Agenda — 08/09/04 input. Robbie Smith felt that perhaps business owners and developers should be surveyed as well for their input. Brian Stumpf felt that at some point, especially with the planning track it would be good to get the township officials involved especially since there will be a joint planning board created as a result of the annexation agreement. Bruce Thielen stated those would all be considered but he felt the first meeting should be with City Council and staff. William Joynes and Sharon Klump from Springsted would be working with the City on the Visioning and Strategic planning process. The first meeting is scheduled for September 27, 2004 at 5:30 p.m. 16. Approve payment of bills for August. Glen Posusta had questions on the bill from Elk River Bituminous for AC fines, a bill received relating to mediation services and a bill from Steve's Nursery in Elk River. GLEN POSUSTA MOVED TO APPROVE PAYMENT OF THE BILLS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Ttemc- Signal: City Engineer, Bret Weiss, informed the Council that MnDOT had agreed to pay 50% of the signal cost for the signal at TH 25 and School Boulevard with the stipulation that the City adopt a resolution stating the City will enter into a signal agreement with the State of Minnesota. Mayor Thielen read the resolution relating to the traffic signal. ROGER CARLSON MOVED TO ADOPT THE RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A SIGNAL AGREEMENT WITH THE STATE OF MINNESOTA FOR THE SIGNAL INSTALLATION AT TH 25 AND SCHOOL BOULEVARD. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION. Bills: Glen Posusta questioned a number of bills that were approved at the last Council meeting. He questioned the bill for a storage trailer. John Simola informed him that the storage trailer was for furniture, etc. that was moved from the old library that may be used in the remodeling of the public works office. A couple of months ago the City discontinued the storage trailer rental and the material is stored on city owned property. Glen Posusta suggested that rather than storing this material, perhaps the City should dispose of it. Glen Posusta also questioned the unemployment compensation that the City was paying to a former intern. Rick Wolfsteller stated that unless it was a true intern as defined by law, an individual who left the City would collect unemployment compensation. Glen Posusta also asked about a magazine subscription and who received it. Glen Posusta questioned why the City did not purchase locally. 10 City Council Agenda — 08/09/04 Budget Workshop: The Council discussed scheduling of a budget workshop. The first budget workshop will be on August 23, 2004 at 5:30 p.m. 17. Adjourn. GLEN POSUSTA MOVED TO ADJOURN AT 8:40 P.M. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 11