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City Council Minutes 09-09-2002MINUTES i REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, September 9, 2002 - 7 p.m. Members Present: Roger Belsaas, Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen. Members Absent: None 1. Call to order and Pledge of Allegiance. Mayor Belsaas called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2.A Approve minutes of August 26, 2002 regular Council meeting. BRUCE THIELEN MOVED TO APPROVE THE MINUTES OF THE AUGUST 26, 2002 REGULAR COUNCIL MEETING AS PRESENTED. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. B. Approve minutes of August 26, 2002 Budget Workshop. Bruce Thielen noted that in the Public Works Budget several items were discussed including the additional position. Contracting the work out or allowing for overtime were two options discussed and Bruce Thielen wanted it clarified that the preferred option was contracting the work out. The purchase of a loader was also discussed and Bruce Thielen indicated that they had asked the Public Works Department to look into leasing the loader. John Simola, Public Works Director, reported that they are looking into that. BRUCE THIELEN MOVED TO APPROVE THE MINUTES OF THE BUDGET WORKSHOP WITH THE CLARIFICATIONS NOTED ON THE ADDITIONAL POSITION AND THE LOADER FOR THE PUBLIC WORKS DEPARTMENT. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED WITH CLINT HERBST ABSTAINING. 3. Consideration of adding items to the agenda. Clint Herbst asked that a discussion of CSAR 75 be added to the agenda. City Administrator, Rick Wolfsteller added a resolution declaring intent to reimburse project costs through a bond sale to the agenda. CLINT HERBST MOVED TO ADD ITEM 5L, CONSIDERATION OF RESOLUTION DECLARING INTENT TO REIMBURSE PROJECT COSTS THROUGH BOND SALE PROCEEDS TO THE CONSENT AGENDA. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Council Minutes - 9/9/02 4. Citizens comments/petitions, requests and complaints. Randel Thompson, 149 West Broadway, owner of Walt's Pawn Shop came before the Council to request permission to place temporary signage indicating that his business is open even though the road is under construction. The City Engineer, Bret Weiss indicated that it was the City's option to put up signs and they did put up a number of signs stating that the businesses were open. Mr. Thompson was looking to have the signs placed at the intersection of TH 25/CSAR 75. Bret Weiss indicated that the area is not City right-of-way so he would have to get permission from the State/County. Bret Weiss felt the signage that was up was adequate. Mr. Thompson also asked about the policy for placement of flags. Jeff O'Neill stated that there are ordinance regulations for banners and pennants. Mr. Thompson also asked whether the signs could be lighted. Mr. Thompson felt that the sign ordinance was enforced rather selectively and had other questions regarding the sign regulations. Mayor Belsaas directed that Mr. Thompson meet with staff to get all the specifics on the sign regulations. 5. Consent agenda. A. Consideration of ratifying new hires for the Community Center and Liquor Store. Recommendation: Approve the new employees as identified. B. Consideration of an amendment to a Planned Unit development allowing expansion of auto sales and display area on an interim basis. Applicant: Dave Peterson Ford. Recommendation: Move to approve a PUD Amendment and Interim Use Permit for Dave Peterson to accommodate temporary automobile display and storage consistent with the survey dated April 27, 2000 and consistent with the following recommendations: Interim Use Permit will be valid through September 30, 2005, at which time it will terminate and all use of the property will be required to come into full conformance with the zoning ordinance in effect at that time. The subject site is Lots 9 and 10, Block 3, Lot 1, Block 1, and Outlots A and B of Plaza Partners Addition. The storage area to the west (back) of the day care property may be surfaced with a gravel or crushed concrete base. The extent of this area shall be no more than 200 feet north of the existing paved storage lot on Lot 8, Block 3 of Plaza Partners Addition. The applicant shall plant a row of 8 evergreen trees along the boundary with the rear lot line of the day care building to screen this area from the neighboring use, and the gravel surface shall extend to no closer than 10 feet from the lot of the day care center property. 3. No parking, storage, or display shall be allowed in any area of the subject site that is not either paved or surfaced with gravel in accordance with the approved plans. The applicant shall submit a lighting plan for City review and approval, prior to use of the property for storage, display or parking. 2 Council Minutes - 9/9/02 Violation of the terms of the Interim Use Permit shall not affect the original PUD approval, but shall be cause for revocation of the Interim Use on the subject site. The site shall be graded in conformance with City standards as determined by the City Engineer. C. Consideration to rescind previous motion for approval of the contract for Private Redevelopment between the HRA, City and Central Minnesota Housing Partnership and to approve changes to City Resolution No. 2002-34. Recommendation: Move to rescind previous motion for approval of the Contract for Private Development between the HRA, the City, and the Central Minnesota Housing Partnership and to approve changes to City Resolution No. 2002-34. D. Consideration of detouring westbound CSAH 75 traffic down River Street for one day to allow median curb installation. Recommendation: Allow River Street to be used for a westbound bypass of CSAH 75 for one day on the east side of TH 25 and if needed, an additional day later for the portion west of TH 25. E. Consideration of resolution authorizing the issuance of Senior Housing Refunding Revenue Bonds (Mississippi Shores Project) Recommendation: Adopt a resolution approving and authorizing the issuance of Senior Housing Refunding Revenue Bonds for the Mississippi Shores Project and authorizing the execution of related documents. F. Consideration of resolution declaring costs to be assessed for 7"' Street East Extension, Project No. 2001-07C and Walnut Street Corridor Improvements, Project No. 2000-17C. Recommendation: Adopt resolutions declaring costs to be assessed and ordering preparation of proposed assessment rolls for Project No. 2000-17C, Walnut Street Corridor Improvements and Project No. 2001-07C, 7"' Street East Improvement Project. G. Consideration of approving plans and specifications and authorizing advertisement for bids for Cedar street from Dundas Road to Kjellberg's East Mobile Home Park, Project No. 2002-06C. Recommendation: Approve the plans and specifications and authorize the City Engineer to advertise for bids for the construction of Cedar Street within the Monticello Business Center plat subject to State Aid comments. H. Review new owners plans for consistency with original approved planned unit development. Former Montissippi Trail Townhomes, now Timber Ridge. Applicant: Mike Schneider, Homestead Multi -Family Development Corporation. Recommendation: Move to accept the plans as be bing consistent with the original approved PUD. Consideration of a request for a zoning map amendment to rezone a parcel from I-2 (Heavy Industrial) to one or a combination of the following districts: B-4,13-3, B-2 and I-1 A. J Council Minutes - 9/9/02 Applicant: Planning Commission, City of Monticello. Recommendation: Move to approve a request to rezone from I-2 to B-4 based on the finding that the amendment is consistent with the comprehensive plan, compatible with the geographic area and character of the surrounding area, will not result in the depreciation of adjoining land values, and the need for the use is sufficiently demonstrated. J. Consideration of a request to rezone land from R-3, Multiple Family Residential to PUD, Planned Unit Development to accommodate a recreation center and commercial development. Recommendation: Approve the concept PUD rezoning based on the findings identified by the Planning Commission K. Consideration of replacement of pathway in Meadow Oaks between Meadow Oak Avenue and Meadow Oak Drive. Recommendation: Authorize the replacement of the section of pathway between Meadow Oak Avenue and Meadow Oak Drive based upon the low quote of $34,225.00. L. Consideration of Resolution Declaring intent to Reimburse Project Costs through Bond Sale Proceeds. Recommendation: Adopt a resolution declaring intent to reimburse expenditures to the proceeds of bond covering the project outlined. CLINT HERBST MOVED TO APPROVE THE CONSENT AGENDA WITH THE ADDITION OF ITEM #5L AND REMOVAL OF ITEM #51) AND ITEM #5J FOR DISCUSSION. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. Item #51) - Brian Stumpf asked if River Street was the only street that could be used for rerouting traffic during the construction of the median. He suggested T" Street as a possibility. Bret Weiss stated that Th Street would be difficult because of the distance between 7t" Street and CSAR 75 and for that reason River Street was the best alternative. Brian Stumpf felt that if all that traffic was going to go on River Street the City should look at the light at the intersection and see if it can be re -timed. Bret Weiss felt that lights could be adjusted on a temporary basis and he will bring this item up at their construction meeting on Tuesday. Brian Stumpf also had a concern that there should be some extra patrolling of this area because of the additional traffic. Mayor Belsaas indicated that there have been additional patrols in the area. BRIAN STUMPF MOVED TO ALLOW RIVER STREET TO BE USED FOR A WESTBOUND BYPASS OF CSAH 75 FOR ONE DAY ON THE EAST SIDE OF TH 25 AND IF NEEDED, AN ADDITIONAL DAY LATER ON FOR THE PORTION WEST OF TH 25. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. M Council Minutes - 9/9/02 Item 45J - Jeff O'Neill provided some background information on the request for rezoning of the property proposed as the site for an ice arena/domed soccer field from R-3 to RPUD. The Planning Commission conducted a public hearing and recommended approval of the rezoning. The property is located at 7"' Street and County Road 39 and is approximately 16 acres in size with a portion of the parcel being used for the ice arena/soccer field and the balance for a commercial development. Jeff O'Neill discussed some of the issues that the residents brought up at the public hearing. He noted there is no street access to 7"' Street from the residential development to the north. The residents in the area were concerned about parking and the amount of traffic this facility would generate. The City Planner indicated that the amount of traffic if the property developed as R-3 would be equivalent if not greater than the proposed use. The Planning Commission did not feel that the proposed development would diminish the value of the residential properties. Clint Herbst expressed his concern that when the City looks at future development on that site they keep the parking area intact and not allow the commercial development to encroach into the parking area that would be needed for when the second ice sheet was put in place. The property owner at 11 Sandtrap Circle addressed the Council regarding information that was in the letter from the staff regarding the ice arena. She stated that the ice arena was not the issue with the residents. She noted that a number of residents are considering building garages with access to 7"' Street and she asked whether that would be allowed. John Simola noted that under the ordinance single family homes are allowed only one access and if they already have a driveway access they would not be allowed another. She asked whether the residents would be assessed for the 7"' Street improvements. Clint Herbst stated that their assessment would be for any improvements for Sandtrap Circle since that was considered their street frontage. The residents felt that in the metro area it may be common to have this type of facility adjacent to a residential area but in smaller communities this type of facility was placed away from residential areas. Another area of concern was not just the traffic that would be generated but also the speeding concerns. She asked if stop signs would be placed on 7"' Street. Jeff O'Neill stated that the original site plan had the traffic accessing onto County Road 39 but now the access is coming onto 7t" Street. The city engineer added that as traffic volumes warranted, turn lanes and other improvements would be considered. Residents asked about the giving the land away and whether the property would revert to the R-3 zoning should the ice arena proposal fail. The Council pointed out that the ice facility would have to operate for at least 15 years. The issue of berming or some other type of barrier between the residential development and the arena was raised. Jeff O'Neill stated that as part of the PUD process the City can require more landscaping/berming than they could if the property remained an R-3 zoning. The resident was referring to the buffering being done on their property not on the property that was being developed. She was informed that the City would not snake those types of improvements on private property. Mayor Belsaas added that the land was not being given away but rather it was a long term lease. Bruce Thielen, however, felt it was the Council's intent to give the land to the developer. The Council also informed the residents that no tax increment or tax 5 Council Minutes - 9/9/02 abatement was given the developer. Brad Klatt, 13 Sandtrap Circle, asked if the Council would be approving the rezoning tonight and if there would be other meetings on the proposal. The Council indicated that they were being asked to approve the rezoning at this meeting but there would be other meetings as the planned unit development reached development stage. He stated the only thing the information packet from the staff did was qualify the retail development and he asked when a specific retail use was determined for the site, would there be an opportunity to comment on the proposed use. Jeff O'Neill indicated there would be. He also questioned how the number of parking spaces was determined. He felt the City was trying to squeeze too much development on a parcel of land that size. He asked if the City put restrictions on the ice arena as far as noise and hours of operation would those same restrictions apply to the commercial part of the development. Mr. Klatt stated he was surprised that the City was giving the land away and that they had not been able to sell the property to a developer. He added that information in the packet stated that for years the group had been trying to get arena established and had not succeeded. He pointed out that if the arenas were not successful in Buffalo and Elk River, why did Monticello think it would work here. He also questioned how the facility would be used in the off-season. He emphasized he was not against the facility but did feel there was too much development proposed for the size of the parcel and that it only benefits a small group. He felt if these issues were not addressed now it would be too late when the final development stage was done. BRUCE THIELEN MOVED TO APPROVE THE REQUEST FOR REZONING FROM R-3 TO PUD AND TO APPROVE THE CONCEPT STAGE PUD BASED ON THE FINDINGS IDENTIFIED BY THE PLANNING COMMISSION. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Consideration of adopting preliminary 2003 budget and tax levy. City Administrator, Rick Wolfsteller, explained the revisions to the preliminary budget and tax levy for the year 2003. The preliminary budget and levy needs to be adopted before September 13, 2002. Rick Wolfsteller reviewed the changes noting that the biggest change was the addition of $186,000 for bond debt for the upcoming bond sale. Other changes were $30,000 for MCC to come from tax levy; the cost of the loader will be split among the parks, sewer, water and street departments; the amount budgeted for an additional employee was reduced by half. The remaining amount would be used for contract costs or overtime costs. Brian Stumpf noted that a date needed to be set for the Truth in Taxation Hearing and felt another budget workshop should be set prior to that. The Council decided to set a budget hearing prior to the first meeting in November at 5: 3 0. CLINT HERBST MOVED TO ADOPT A RESOLUTION SETTING THE PRELIMINARY BUDGET AND TAX LEVY AT THE MAXIMUM ALLOWED OF $6,782,018 AND ,:l Council Minutes - 9/9/02 SETTING THE DATE FOR THE TRUTH IN TAXATION HEARING FOR 5 P.M. ON WEDNESDAY, DECEMBER 4, 2002 WITH A CONTINUATION DATE, IF NECESSARY, OF DECEMBER 11, 2002 AT 5 P.M. AND TO SCHEDULE AN ADDITIONAL BUDGET WORKSHOP PRIOR TO THE FIRST MEETING IN NOVEMBER AT 5:30 P.M. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Consideration of amendment to tattoo parlors/body piercing establishments relatin training requirements. In reviewing the information researched by staff, the Council felt the County was better equipped to handle licensing of tattoo parlors/body piercing establishments. BRUCE THIELEN MOVED TO REPEAL THE CITY'S ORDINANCE RELATING TO TATTOO AND OR/BODY PIERCING ESTABLISHMENTS, CHAPTER 14 OF THE CITY CODE AND ADOPT BY REFERENCE THE WRIGHT COUNTY ORDINANCE. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of selection of legal counsel. The Council briefly discussed the legal firms interviewed previously. The Council felt comfortable with both of the firms being considered. BRIAN STUMPF MOVED TO AUTHORIZE THE APPOINTMENT OF MATT BROKL OF CAMPEBLL KNUTSON AS THE NEW CITY ATTORNEY WITH THE UNDERSTANDING THAT THE CITY WOULD ALSO UTILIZE THE SERVICES OF CHRIS HOOD OF FLAHERTY & HOOD FOR SPECIALIZED ISSUES RELATING TO ANNEXATION OR OTHER SPECIAL LEGAL ISSUES DETERMINED BY STAFF. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Other Items: Clint Herbst felt the CSAH 75 improvement project was really moving along well and was impressed by the with the work being done. Bret Weiss commended Tom Bose and Matt Theisen of the City staff for the work they have done as part of this project. 10. Approye payment of bills for September. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF BILLS FOR SEPTEMBER. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7 Council Minutes - 9/9/02 11. Adjourn BRUCE THIELEN MOVED TO ADJOURN AT 8:10 P.M.. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 0