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City Council Minutes 08-23-2004MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, August 23, 2004 - 7 p.m. Members Present: Roger Carlson, Glen Posusta, Brian Stumpf and Bruce Thielen. Members Absent: Robbie Smith 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.. Consideration of approving the minutes of the August 9, 2004 regular Council meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE AUGUST 9, 2004 REGULAR COUNCIL MEETING. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED. B. Consideration of approving the minutes of the August 9, 2004 CSAH 18/1-94 Workshop. ROGER CARLSON MOVED TO APPROVE THE MINUTES OF THE AUGUST 9, 2004 WORKSHOP ON CSAH 18/I-94 INTERCHANGE. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED. C. Consideration of approving the minutes of the August 9, 2004 Library Expansion Workshop. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE AUGUST 91 2004 LIBRARY EXPANSION WORKSHOP. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED. 3. Consideration of adding items to the agenda. City Engineer, Bret Weiss, asked that consideration of authorizing an agreement with Trinity Lutheran Church relating to storm sewer and parking lot improvements be added to the agenda. BRIAN STUMPF MOVED TO ADD CONSIDERATION OF AUTHORIZING AN AGREEMENT WITH TRINITY LUTHERAN CHURCH RELATING TO STORM SEWER AND PARKING LOT IMPROVEMENTS BE ADDED TO THE CONSENT AGENDA AS ITEM 5K. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED. Council Minutes - 8/23/04 4. Citizen comments/petitions, requests and complaints. Mayor Thielen explained the purpose of the citizens comment portion of the agenda. A. Mike Holker - Citizen Watch Group Mike Holker, 537 East Broadway, Jerry Wells 613 East River Street and Dave Wilhelm, 512 East River Street came before the Council to discuss concerns their neighborhood watch group had concerning their area. These concerns included speeding along Broadway and East River Street; blocked views because of shrubs and trees, blights/nuisances as far as unlicensed cars, yard debris, etc., enforcement of the dog ordinance; vandalism, multi -families living in single family structures and drugs. Brian Stumpf suggested that items relating to speeding be forwarded to the Wright County Sheriff's Department, directed city staff to look into the issues relating to code enforcement and instructed John Simola to check the intersections where the residents had indicated problems with trees and shrubs blocking the view of traffic. Jerry Wells noted that their neighborhood group has been working with the Sheriff's Department but they also wanted to make the Council aware of their concerns which is why they were at this meeting. No one else spoke under citizen input. 5. Consent agenda. A. Consideration of approving plans and specifications and advertising for bids for the Meadow Oak Storm Sewer Outlet, City Project No. 2004-09C. Recommendation: Adopt a resolution approving plans and specifications and authorizing advertisement for bids for the Meadow Oak Storm Water Outlet Project No. 2004-09C. B. Consideration of approving plans and specifications and advertising for bids for the I-94 Watermain Crossing at Meadow Oaks, City Project No. 2004-1 OC. Recommendation: Adopt a resolution approving plans and specifications and authorizing advertisement for bids for the Sunset Ponds/Interstate 94 Trunk Watermain Crossing Project No. 2004-1OC. C. Consideration of approving plans and specifications and authorizing advertisement for bids for TH 25/School Boulevard Signal installation. Recommendation: Approve plans and specifications and authorize advertisement for bids contingent on MnDOT requirements. D. Consideration of adoption of resolution for annexation of the Otter Creek property. Recommendation: Adopt a resolution annexing the balance of the Otter Creek property lying in Section 10, Township 121, Range 25. 2 Council Minutes - 8/23/04 E. Review of bids and consideration of award of contract Klein Farms Storm Sewer Outlet, Project No. 2004-18C. Recommendation: Award the contract to Northwest Asphalt of Shakopee, Minnesota in the amount of $222,831.77. F. Consideration of amendments to subdivision ordinance relating to park dedication, topographic survey, and time limit for recording final plat. Recommendation: Approve the ordinance amendments as prepared based on a finding that new subdivisions need to be able to demonstrate compliance with the City's zoning regulations and Comprehensive Plan and that the proposed amendments support this objective. Ord. Amd. #412. G. Consideration of approving Change Order No. 1 to 2004 Core Street Reconstruction Project No. 2004-06C. Recommendation: Approve Change Order No. 1 to the 2004 Core Street Reconstruction Project No. 2004-06C with a net increase in the contract of $101471.55. H. Consideration of authorizing installation of street lighting on west side of Walnut Street at corner of 3rd and Walnut. Recommendation: Approve the installation of lights at an estimated cost of $12,000 with 80% of the cost to be funded by the City and the balance by the property owner, contingent upon property owner signing a waiver of public hearing on the proposed assessment. I. Consideration of Change Order #1 to Briar Oak Pond Restoration, Project No. 2003- 11 C. Recommendation: Approve Change Order #I in the amount of $2,091.00 to Sunram Construction Inc. for the Briar Oak Pond Restoration, Project No. 2003-11 C. J. Consideration of final payment and acceptance of work on the Briar Oak Pond Restoration Project No. 2003-11 C. Recommendation: Authorize final payment in the amount of $18,219.69 to Sunram Construction for the Briar Oakes Storm Pond Restoration Project No. 2003-11C subject to receipt of the final paperwork and to accept the work done under Project No. 2003-11C. K. Consideration of authorizing an agreement with Trinity Lutheran Church with regard to storm sewer and parking lot improvements. (Added to consent agenda) Recommendation: Authorize city staff to enter into an agreement with Trinity Lutheran Church to construct the storm sewer to West River Street and allow for a gravel parking surface until 2006. Glen Posusta requested that items 5B and 5I be removed from the consent agenda. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE ADDITION OF ITEM #5K AND THE REMOVAL OF ITEMS #513 AND #5I. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3 Council Minutes - 8/23/04 6. Consideration of items removed from the consent agenda for discussion. 5B - Glen Posusta questioned Bret Weiss if the cost of the watermain crossing at I-94 was being assessed. Bret Weiss responded that this project was being funded from revenues in the trunk funds. GLEN POSUSTA MOVED TO APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE THE ADVERTISEMENT OF BIDS FOR THE SUNSET PONDS/1-94 TRUNK WATERMAIN CROSSING PROJECT NO.2004-1 OC. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5I - Glen Posusta stated that he had talked to a number of residents in the area of the Briar Oakes Pond restoration and they indicated to him that they did not notice any changes to the banks of the pond and did not understand what work had been done on the pond restoration. Bret Weiss responded that although the residents may not feel much had changed, there has been significant changes to what had previously existed. The pond banks have been stabilized and vegetation has put in place although it may take a couple of years for the vegetation to become firmly established. The project was completed according to the plans and specifications that were approved by the City. Glen Posusta questioned the $12,000 shown under dewatering on the final payment. Bret Weiss indicated that was for pumping the water from the pond so that the contractor could work on the restoration. Glen Posusta also questioned the change order work where a portion of the pathway was redone because of sumac growing in area adjacent to the trail. He suggested mowing the sumac further back to prevent future problems. John Simola noted that in this portion of the pathway the Class V base was not of the proper thickness. Also in this area the sumac was rooted out and a fabric barrier was installed. GLEN POSUSTA MOVED TO APPROVE CHANGE ORDER NO. 1 FOR THE BRIAR OAKES STORM POND RESTORATION PROJECT NO. 2003-11C. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Continued 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 At the last meeting, the City Council opened the public hearing on the conditional use permit and tabled it until this meeting to allow staff and developer time to work out issues relating to access to the site. Steve Grittman, City Planner, provided background on this redevelopment project. Presently the site is occupied by Tom Thumb, Subway, Ultra Lube and a residence. The project when completed will include a Holiday convenience store/gas station including a car wash, Wendy's restaurant, the relocated Ultra Lube, the existing Subway, and the remaining space to be utilized for restaurant or small retail uses. 11. Council Minutes - 8/23/04 The proposed plan raised some questions on how traffic would be disbursed through the development. The Planning Commission recommended approval of the concept stage plan with staff and developer working on the issues relating to access along Oakwood Drive. Bret Weiss and Chuck Rickart from WSB looked at these access issues. The engineers noted there are five primary issues with this site with the access to Oakwood Drive being the major issue. The original plan had the driveway from Oakwood Drive further to the west. Although the driveway has been shifted in the revised plan there is still some problem that could present the potential for traffic being backed up on Oakwood Drive. The City Engineer was asking that the driveway be slid as far as possible to the south. Other issues included the right turn lane on Oakwood Drive as well as the continuous left turn lane from TH 25 to Cedar Street. It was noted that this section of median was part of the TH 25 improvement and could be closed at a point in the future based on criteria set forth by MnDOT. There are three lanes of traffic that go from TH 25 to Cedar Street on Oakwood Drive. There is the potential for confusion as to where the right turn traffic movement is going (into the development or to Cedar Street). Another concern is truck circulation on the site. Initially the driveways were shown as 24 feet but the developer has agreed to widen them slightly. Also of concern is trailer parking for the existing as well as future fast food sites. Staff wanted to make sure there was a adequate space for a trailer to get through. The engineer also noted that there would need to be coordination with MnDOT on the TH 25/Oakwood Drive intersection. In response to the above issues, it was suggested to drop the right turn lane to Cedar and make it a through/right turn lane. Brian Stumpf asked about the truck traffic and questioned whether a truck could access the south entrance without taking up the entire area to do so. It was noted that the original plan had a straight in and the Engineer stated they did acquiesced to the angled driveway on this site. There were concerns about the access point into the fast food site being too close to the gas station. Staff wanted some stacking room. Glen Posusta questioned whether MnDOT would ever close the median by McDonalds and if it was attempted there would probably be legal action. Bret Weiss stated that it was an issue that MnDOT would have to deal with. Glen Posusta felt the original sketch made it a lot easier to go in and out and felt that the revised sketch was done just to make it align with the Super America driveway. Chuck Rickart noted there could be some problems with traffic turning left to go in to Super America and turning left to go into the proposed development. This kind of movement could create conflict in traffic crossing. Glen Posusta felt the current design created traffic issues as well. Bret Weiss pointed out that the engineers were not saying this was the best solution but it was an improvement over what had been proposed. Glen Posusta also questioned the angled parking. The original design had 26-30 parking spaces and he questioned who made the decision to go with angled parking. John Simola stated that he had raised the issue. Glen Posusta felt the angled parking could shortchange the future restaurant site of parking spaces. He didn't feel it paid to burn 12 parking spaces in order to have angled parking. Mayor Thielen opened the public hearing for comments from those in attendance. Kevin 5 Council Minutes - 8/23/04 McDonald representing Shingobee Builders noted that they have been working with staff to resolve these issues. He stated that he had no problem with the angled parking and was okay with MnDOT's involvement with the intersection of TH 25 and Oakwood Drive. They do have a concern with access for truck traffic into the gas station which is why they set up the plan as they originally did. They also have a concern about access to the one restaurant site. He noted there is stacking space for 15-17 cars before the cars get out to the roadway. This is the one item that is difficult for them. Roger Carlson agreed with the developer that with the stacking space they have this shouldn't be a problem. Brian Stumpf noted that there are other alternatives to exit out of the development such as School Boulevard or Chelsea Road. There was no one else who spoke for or against the proposed conditional use permit. Mayor Thielen then closed the public hearing. Glen Posusta asked Steve Grittman if something changes on the south side of the property and if the design of the road is moved further to the west would this have to be looked at again. Steve Grittman indicated that since this was concept stage approval it would not likely have to be reviewed again for concept stage approval.. GLEN POSUSTA -MOVED TO RECOMMEND APPROVAL OF THE CONCEPT STAGE PUD BASED ON A FINDING THAT THE PROJECT APPEARS TO PRESENT THE POTENTIAL FOR A SUPERIOR PROJECT DESIGN DUE TO THE SHARED ACCESS AND CENTRAL DRIVE CONCEPT, AS WELL AS COORDINATED PEDESTRIAN CIRCULATION, BUILDING DESIGN, PARKING, LANDSCAPING, AND OTHER SITE PLANNING ELEMENTS CONTINGENT ON RESOLUTION OF ACCESS ISSUES TO THE SATISFACTION OF THE CITY'S TRAFFIC ENGINEER. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Brian Stumpf questioned what direction was the Council going to give to the City Engineer on the access issues. Bret Weiss indicated he would like to have some feedback from the City Council on the driveway access. The Council felt the current design did provide adequate stacking area and there were other routes available for traffic to use. 7A. Consideration of sale of right-of-way - Shingobee Builders/UBD Properties. City Administrator, Rick Wolfsteller, provided background information on the possible sale of excess right-of-way for the proposed development. He noted in the past the City's policy has been to sell excess right-of-way to adjoining property owners at a fair market price. Other property in this area has sold for $3.50/sq. ft. Rick Wolfsteller pointed out that had this property originally been part of the Tom Thumb property it would have been assessed for improvements made to TH 25 in the amount of approximately $7,900. Brian Stumpf felt it would be worthwhile to have an appraisal done. Glen Posusta stated he did not agree with the City Administrator's logic in comparing this property with what the City is going to pay for right-of-way property from Denny Hecker. Glen Posusta felt this was a Council Minutes - 8/23/04 useless piece of land except to the developer and the City should not expect to get the same amount for it as other land sales were generating. If the City paid $7,900 in improvements and that was the amount the City received for the right-of-way, he felt that would be fair. Roger Carlson agreed with Glen Posusta. Bret Weiss did point out in the other project the City needed to acquire a number of small parcels and was trying to come up with a nominal rate that could be used. BRIAN STUMPF MOVED TO AUTHORIZE AN APPRAISAL BE OBTAINED TO ESTABLISH A FAIR MARKET VALUE FOR THE PROPERTY TO BE TRANSFERRED. BRUCE THIELEN SECONDED THE MOTION. UPON VOTE BEING TAKEN, BRUCE THIELEN AND BRIAN STUMPF VOTED IN FAVOR THEREOF AND GLEN POSUSTA AND ROGER CARLSON VOTED IN OPPOSITION. ROGER CARLSON MOVED TO SELL THE EXCESS RIGHT-OF-WAY AT $3.50/SQ. FT. GLEN POSUSTA SECONDED THE MOTION CONTINGENT UPON HAVING THE ACTUAL SQUARE FOOTAGE TO BE SOLD VERIFIED. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION. 8. Public Hearing to consider the vacation of Nicholas Circle in the plat of The Brothers Addition and vacation of related easements. Jeff O'Neill provided the background information. The City was being asked to vacate street right-of-way and easements on platted property that was being replatted as the Timber Ridge Third Addition. New easements and street right-of-way would be given in the new plat. Mayor Thielen opened the public hearing. No one was present to speak for or against the proposed vacation. Mayor Thielen then closed the public hearing. ROGER CARLSON MOVED TO ADOPT A RESOLUTION VACATING THE RIGHT-OF- WAY OF NICHOLAS CIRCLE AS IT APPEARS IN THE PLAT OF THE BROTHERS ADDITION AS WELL AS DRAINAGE AND UTILITY EASEMENTS CONTAINED WITHIN THE PLAT OF THE BROTHERS ADDITION AND DRAINAGE AND UTILITY EASEMENTS AFFECTING LOTS 5-8, BLOCK 2, THE MEADOWS ADDITION WITH SAID RIGHT-OF-WAY AND EASEMENTS BEING REPLACED WITH THE RECORDING OF THE TIMBER RIDGE THIRD ADDITION PLAT. 9. Consideration of accepting development plan for Jefferson Commons. City Planner, Steve Grittman, provided background for the development plan of Jefferson Commons covering the City owned parcel known as the Remmele property. The City Council had asked for guidelines on how the property might develop eventually so that this information could be provided to potential property purchasers. He identified on the drawing the location of School Boulevard as it runs through the plat, the 7 Council Minutes - 8/23/04 proposed location for a future water tower site and fire hall site, the location of the property currently being purchased by Culver's and Muller's. The remaining area was set out as future restaurant sites, retail space and areas for parking. This plan had approximately 250,000 square feet of commercial space in addition to the Muller Theater and Culver's Restaurant. He noted the concept utilized shared parking. Steve Grittman noted the building placement shown on the sketch was conceptual but was done with the idea of locating the buildings in such a way as to allow exposure to major roadways. He listed some development requirements for any new retail construction within the plat. These developments include: Enclosed attached trash storage rooms; building materials of brick, stone and glass with relatively limited applications of concrete block; requirements for front yard landscaping along the School Boulevard corridor to complement the City boulevard planting and prohibition of outdoor storage or overnight truck parking. Glen Posusta questioned how the street name of Deegan Avenue was arrived at. Steve Grittman responded that Deegan Avenue corresponded to the County's grid system which the City utilizes in names streets in new developments. John Simola noted that the City does need to hold a public hearing to change the street name from Wolter Way and Wolter Circle in the plat of Prairie Ponds to Deegan Avenue. BRIAN STUMPF MOVED TO ADOPT THE DEVELOPMENT PLAN FOR JEFFERSON COMMONS AS PRESENTED AND TO CALL FOR A PUBLIC HEARING TO CHANGE THE STREET NAMES OF WOLTER WAY AND WOLTER CIRCLE TO DEEGAN AVENUE. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Approve payment of bills for August. GLEN POSUSTA MOVED TO APPROVE PAYMENT OF THE BILLS. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Adjourn ROGER CARLSON MOVED TO ADJOURN AT 8:30 P.M. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary E'?