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City Council Minutes 08-26-2002MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday August 26, 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. 2A. Approve minutes of August 12, 2002 regular Council meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE AUGUST 12, 2002 REGULAR COUNCIL MEETING AS PRESENTED. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. Approve minutes of August 12, 2002 special meeting. ROGER CARLSON MOVED TO APPROVE THE MINUTES OF THE AUGUST 12, 2002 SPECIAL MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to theagenda. BRIAN STUMPF MOVED TO ADD CONSIDERATION OF EXTENDING WORK HOURS FOR BUFFALO BITUMINOUS ON THE CSAR 75 PROJECT TO CONSENT AGENDA AS ITEM #51). BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. John Simola asked that a discussion of converting from overhead lighting be added to the agenda. Brian Stumpf requested that mowing be added. 4. Citizen comments/petitions, requests and complaints. Fire Chief , Scott Douglas, came before the Council with a number of concerns the Fire Department had: 1) The naming of streets - The present system is chaotic and they would like some type of logical pattern used in assigning street names in new developments; 2) They would like to see fewer cul-de- sacs in the approved plats; 3) They would like to see appropriate street widths maintained. He noted that the fire trucks are 8 V2 feet wide and with a 24' street width with parking on the street it is more difficult for the equipment to get through. The Council discussed the concerns raised by the Fire Council Minutes - 8/26/02 Department. Mayor Belsaas noted that it was important for updated street maps showing the most recent developments to be in the hands of the Fire Department as soon as possible. He also felt it was important for the developers early in the platting process to set the street names for their development. John Simola noted that the ordinance restricts cul-de-sacs unless there is a bona fide reason. Jeff O'Neill stated that the cul-de-sacs help establish higher level housing. He also felt that broadening the street width would work at cross purposes with the aim of developing higher level housing. The wider streets would give the feel of being on a major roadway rather than on a neighborhood street. It was noted that there are several developments with 20' street widths and that can be a problem for emergency vehicles or any larger vehicles such as a garbage truck. Roger Belsaas indicated that perhaps when a preliminary plat or concept plan comes in someone from the Fire Department should look at it. Roger Belsaas asked whether a transmitter on the traffic light for emergency vehicle use is being planned for the light proposed at Elm Street. John Simola indicated that he would check on this and get back to Scott Douglas. -5. Consent Agenda A. Consideration to review GMEF Loan No. 022 for compliance with EDA-GMEF Business Subsidy Criteria. UMC Applicant. Recommendation: Approving a motion stating that the City Council has determined the EDA approval of GMEF Loan No. 022 for Ultra Machining Company was approved without violation of the EDA-GMEF Business Subsidy Criteria; therefore Council supports the decision by the EDA for loan approval. B. Consideration of accepting petition, ordering feasibility study, accepting feasibility study, ordering plans and specifications, accepting quotes and ordering a change order to CSAR 75 project (Project No. 2000-16C) allowing development of utility connections at Maple Street. Recommendation: Accept the petition, order the feasibility study, accept feasibility study, order plans and specifications and accept a change order to CSAR 75 project allowing Maple Street service connection to the adjoining property owned by Rick Anderson contingent upon the property owner signing a waiver of assessment hearing noting that he agrees to pay the full cost of the extension. C. Consideration of authorizing purchase of replacement cooler shelving for liquor store. Recommendation: Authorize the purchase of replacement cooler shelving in the amount of $18,271.68 from Britz Store Equipment. D. Consideration of extending work hours beyond the quitting time of 7:00 p.m. for Buffalo Bituminous on CSAH 75 Rehabilitation Project No. 2000-16C. Recommendation: Move to allow the contractor to work from 7 a.m. to 9 p.m. Monday through Saturday as outlined. BRUCE THIELEN MOVED TO APPROVE THE CONSENT AGENDA AS AMENDED WITH THE ADDITION OF ITEM #51). ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2 Council Minutes - 8/26/02 6. Consideration of items removed from the consent agenda for discussion. None. 7. Public Hearing - Consideration to approve business subsidy for UMC and to authorize entering into the Contract for Private Development among the HRA, the City and Terrace and Mary Tomann Limited Partnership. Economic Development Director, 011ie Koropchak provided background information on this item. At the last meeting the City approved establishment of the TIF District for this proposal. This agreement supplies the amount of the TIF assistance. 011ie Koropchak also added that the ground breaking ceremony is scheduled for September 13, 2002. Mayor Belsaas opened the public hearing. No one spoke for or against the proposal. Mayor Belsaas summarized the terms of the business subsidy to UMC which is $395,000 pay-as-you-go TIF note at an interest rate of 7.25% over 8 years for land write-down. Mayor Belsaas then closed the public hearing. BRIAN STUMPF MOVED TO APPROVE THE BUSINESS SUBSIDY FOR UMC AND TO AUTHORIZE ENTERING INTO THE CONTRACT FOR PRIVATE DEVELOPMENT AMONG THE HRA, THE CITY, AND TERRACE AND MARY TOMANN FAMILY LIMITED PARTNERSHIP. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Public Hearing - Consideration to adopt a resolution authorizing application to the Minnesota Department of Trade and Economic Development (DTED) for funding an economic development nroiect. Economic Development Director, 011ie Koropchak noted that the resolution the City is approving is part of the application to the Minnesota Department of Trade and Economic Development for funding the UMC economic development project. She then introduced Lenny Kirshct who is working on behalf of the City on the application to the DTED. Lenny Kirscht stated that they will be applying for $295,000 of grant funds. The funds are proposed to be state funds which means that the City will be keeping the first $100,000 of principal plus the interest. The $295,000 will be loaned to UMC by the City in order to aid in the construction of their new facility on Chelsea Road which UMC hopes will be ready for occupancy in the spring. The project cost is estimated at approximately $4.4 million with $1 million for equipment and the remaining for land acquisition and building construction. J Council Minutes - 8/26/02 Councilmember Clint Herbst arrived at this time. Mayor Belsaas opened the public hearing. There was no one present who spoke for or against the issue. Mayor Belsaas then closed the public hearing. BRUCE THIELEN MOVED TO APPROVE THE LOCAL GOVERNMENT RESOLUTION, ECONOMIC DEVELOPMENT PROGRAM, AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT FOR ULTRA MACHINING COMPANY (UMC) BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Public Hearing - Consideration of vacation of easements in Outlot F of Groveland Addition. Deputy City Administrator, Jeff O'Neill stated that this vacation request involved the development of the Groveland Center plat and involves the vacating of an easement that is under the building. The easements that are on Outlot F will be replaced with easements in the Groveland Center plat. It was also suggested that the development indemnifying the City from any liability associated with City maintenance of utility lines lying within the easement. John Simola felt it was important that the City Attorney review this and make sure the indemnification is tied to the land and not to the developer. Bret Weiss stated that when the sewer and water lines were installed they did not anticipate a building being placed in that location. However then they looked at the project it seemed that this was the best place for the building. He didn't feel it made sense to leave the easement under the building but he agreed that the matter should be reviewed by the City Attorney. Shawn Weinand indicated he had no problem with the City Attorney reviewing this but pointed out that he wanted to keep the platting process moving as he will be requiring a certificate of occupancy in three weeks. The Council directed the Public Works Director and the City Administrator to work with the City Attorney on this matter. Mayor Belsaas opened the public hearing at this time. There was no one present who spoke for or against the easement vacation. Mayor Belsaas then closed the public hearing. CLINT HERBST MOVED TO VACATE THE EASEMENTS IN OUTLOT F OF GROVELAND ADDITION TO ALLOW RECORDING OF THE FINAL PLAT OF THE GROVELAND COMMERCIAL CENTER CONTINGENT UPON REPLACEMENT OF EASEMENTS WITH NEW EASEMENTS AS IDENTIFIED ON THE GROVELAND COMMERCIAL CENTER PLAT AND CONTINGENT UPON THE DEVELOPER RELEASING THE CITY FROM LIABILITY ASSOCIATED WITH DAMAGE RESULTING FROM CITY MAINTENANCE OF THE UTILITY LINES WITHIN THE EASEMENT. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4 Council Minutes - 8/26/02 10. Consideration of request for amendment to City Ordinance on Tattoo Parlors/Body Piercing Establishments relating to training requirements. City Administrator, Rick Wolfsteller, provided background information regarding the ordinance and the specific request for amending the ordinance to allow other training alternatives in lieu of the 30 day apprenticeship under a licensed tattoo artist. The Council discussed the matter and directed staff to research with other agencies and the League of Minnesota Cities to see if there were other training options that could be considered. BRUCE THIELEN MOVED TO TABLE UNTIL THE NEXT MEETING CONSIDERATION OF AMENDING THE ORDINANCE ON TATTOO PARLORS/BODY PIERCING ESTABLISHMENTS TO ALLOW FOR STAFF RESEARCH ON TRAINING OPTIONS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Consideration of adoption of amendments to the Comprehensive Plan. Deputy City Administrator, Jeff O'Neill provided background on the development of the proposed amendments to the Comprehensive Plan. City Planner, Steve Grittman noted that the proposal was an addendum to the land use plan rather than an amendment. The proposal looks at the land use and infrastructure needs for the extraterritorial area. The plan is to identify to developers the types of land use and to set up transportation corridors. Discussion of the plan focused on commercial and industrial development. Steve Grittman noted that commercial land is more sensitive to transportation needs. Clint Herbst asked about accesses and interchanges questioning whether the City puts their money toward acquiring the land or getting the interchanges. He asked if there was some entity that could give guidance to the City on this issue. Steve Grittman indicated that the staff had discussed follow up procedures to be used in making sure the plan is a guide. He felt that a project could be done that would weigh the pros and cons of infrastructure -vs- land acquisition. Steve Grittman stated that there are a number of things that would have to be done to help the City accomplish this plan over the years. John Simola noted that there are a number of parcels in the study area that could not be serve with the present infrastructure and there was some discussion on whether properties that could not be served in the long term should be included. Steve Grittman felt that even though the City may not be able to serve the area within the developers time frame, they should not be excluded from the map or the long term planning. Clint Herbst felt it was important to do the long term planning but also felt it was equally important to look at this plan every year or so because of changes. Roger Carlson asked if it would be premature to include verbiage about establishing interchange studies, land acquisition and establishing a task force. ROGER CARLSON MOVED TO ADOPT AMENDMENTS TO THE COMPREHENSIVE PLAN AS RECOMMENDED BY THE PLANNING COMMISSION MOTION BASED ON 5 Council Minutes - 8/26/02 THE FINDINGS IDENTIFIED IN THE PLANNER'S REPORT AND TO HAVE STAFF PURSUE THE OPTION OF ESTABLISHING A TASK FORCE WITH APPROPRIATE MEMBERS FROM COUNCIL, PLANNING COMMISSION AND STAFF. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Review new owner development proposal for consistency with Montissippi Trail Planned Unit Development (Timber Ridge) - Applicant: Mike Schneider, Homestead Multi -Family Development Corporation. This area formerly known as Montissippi Trails Development had previously received Planning Commission and Council approval as a Planned Unit Development. Homestead Multi -Family Development Corporation has taken over the development and have made some changes in the plan from what was originally approved. As such the Council could direct that the Planning Commission review these changes. and Jeff O'Neill noted that members of the Planning Commission did request that this item come back for their review. Clint Herbst felt that since they were proposing something different and this was a higher density development it should be looked at carefully. Mike Schneider of Homestead Multi -Family Development Corporation, introduced himself and discussed the proposed development. He noted there were no changes to the plat or engineering items. He did indicate their buildings would be 112 feet larger than those originally proposed. Approximately 10% of the units would be slab on grade units and would start at $150,000. The remaining 90% would have basements and would be higher in price. Clint Herbst indicated that he did not have a problem with the changes but felt that it should be reviewed by the Planning Commission. Mayor Belsaas felt the adjacent property owners should be notified. Jeff O'Neill stated that if a public hearing was required it could not be done until the October Planning Commission meeting. BRUCE THIELEN MOVED TO TABLE THIS MATTER SENDING IT BACK TO THE PLANNING COMMISSION FOR FURTHER REVIEW FOR CONSISTENCY WITH THE APPROVED PUD. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Other Items: Conversion of Overhead Lighting on CSAH 75 - John Simola reported that he had talked to Darrin Lahr from Xcel Energy regarding underground crossings along CSAH 75 to see what it will cost. Darrin Lahr will have the cost information to him tomorrow and John Simola will submit it to the contractor. Xcel Energy can provide the conduit if the City is strongly in favor of going underground. Xcel can provide the conduit and do the installation or they can provide the conduit and the City's contractor can do the installation. The Council had earlier discussed how to finance the cost of the conversion to underground wiring which included a franchise fee. In talking with Darrin Lahr, he now believes it would be prudent for the City to try to get the 0 Council Minutes - 8/26/02 underground crossings done now when the contractor is working in the area. Mayor Belsaas noted that if the Xcel Energy puts their lines underground TDS and the Charter Cable would have to do likewise. TDS had indicated to the City that in this area their lines were already underground so they would not be impacted by the conversion but the cable company would. BRUCE THIELEN MOVED TO AUTHORIZE STAFF TO DO WHAT IS NECESSARY NOW TO GET THE CONDUIT IN THE GROUND AND COME BACK TO THE COUNCIL AT A LATER DATE WITH INFORMATION ON ESTABLISHING A FRANCHISE FEE. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. John Simola also asked that the Council authorize the City Administrator and Public Works Director to negotiate changes orders on this project not to exceed $10,000 with the exception of the conduit. BRUCE THIELEN MOVED TO AUTHORIZE THE CITY ADMINISTRATOR AND PUBLIC WORKS DIRECTOR TO NEGOTIATE CHANGES ORDERS TO THE CSAH 75 PROJECT NOT TO EXCEED $10,000 WITH THE EXCEPTION OF THE CHANGE ORDER FOR THE CONDUIT. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Mowing - Brian Stumpf mentioned several sites that needed mowing such as the H -Window site and the former Ruff s Auto site. Jeff O'Neill stated that the ordinance provides that anything 100' away from the building does not have comply with 6" grass height provision. Brian Stumpf felt that maybe the ordinance should be reviewed and the City consider making the grass height restriction for the entire lot. Staff was directed to check the sites mention. Drainage Problem - Roger Belsaas asked if staff had an opportunity to look at the drainage problem on Bear Avenue. Bret Weiss stated he had looked at it and they are trying to come up with a solution. They are looking at possibly beeming up the area so that the water stays in the field. He felt the property owner would have some concerns about the water being forced back onto his property. Bret Weiss noted that as the property develops this issue would be taken care of but there are not a lot of options to look at right now. Roger Belsaas also asked about the undermining of the pathway by the Bondus property. Mike Nielsen from WSB & Associates will be checking into this. Bruce Thielen asked when Public Works would be trimming the trees that were planted a number of years ago. John Simola stated that they are in the process of doing the trimming at the present time. Roger Belsaas asked who is responsible for replacing the dying trees located on the berm in the Groveland development. Jeff O' Neill stated it was the responsibility of the developer. 13. Approve payment of bills for August. CLINT HERBST MOVED TO APPROVE THE PAYMENT OF BILLS FOR AUGUST. �..✓ ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. V/ Council Minutes - 8/26/02 14. Adjourn. BRUCE THIELEN MOVED TO ADJOURN AT 8:30 P.M. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary E'?