Loading...
City Council Minutes 05-13-2002MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, May 13, 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. ApVrove minutes of April 22, 2002 regular- Council meeting. ROGER CARLSON MOVED TO APPROVE THE MINUTES OF THE APRIL 22, 2002 COUNCIL MEETING. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. B. Approve minutes of May 8, 2002 Board of Review. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE MAY 8, 2002 BOARD OF REVIEW. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED WITH BRUCE THIELEN AND ROGER CARLSON ABSTAINING. 3. Consideration of adding items to the agenda. Brian Stumpf requested that agenda item 910 be included in the consent agenda. City Administrator, Rick Wolfsteller, requested that annexation of the Kjellberg West Mobile Home Park be added to the agenda. BRIAN STUMPF MOVED TO ADD AGENDA ITEM #10, A RESOLUTION PROHIBITING PARKING ON CSAH 75 FROM OTTER CREEK ROAD TO CHESTNUT STREET, TO THE CONSENT AGENDA. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4. Citizens comments/petitions, requests, and complaints. Julie Miller, 1111 West Broadway, expressed her concern about the pathway proposed along Broadway and that it would require removal of the trees. She indicated that they had discuss this issued with Virgil Hawkins from the Wright County Highway Department. She questioned whether the width of the pathway or the alignment could be changed in order to preserve the trees. John Simola, Public Works Director, stated that he had walked the proposed pathway and to keep the Council Minutes - 5/13/02 pathway on the north side of the pole and away from the trees was not possible and placing the pathway on the south side of the poles would be too close to the road and would be hazardous. The County had discussed installing curbing along that portion of CSAH 75 to stop vehicles from veering onto the pathway but the County had not gotten back to him with a cost figure or if there would be any county participation in the cost for this work. The Council discussed whether the pathway had to be the 8' proposed or whether sidewalk could be installed in lieu of the pathway. It was suggested that the city staff work with the county on this matter. 5. Consent Agenda: A. Consideration of ratifying new hires for the Community Center, Public Works and City Hall. Recommendation: Ratify new hires as identified. B. Consideration of authorizing request for proposals for legal services and review scope of work covered by contract. Recommendation: Approve scope of work and authorize staff to prepare a request for proposals for legal services. C. Consideration to review and accept the year end EDA financial statements, activity report and 2002 proposed budget. Recommendation: Move to accept the EDA Balance Sheet, Statement of Revenues, Expenditures and Changes in Fund Balance; 2002 Cash Flow Projections; and the Annual Activity Reports as presented. D. Consideration to approve assigning the Contract for Private Development from Front Porch Associates to First National Bank of Elk River. Recommendation: Move to approve assigning the Contract for Private Development by and among Front Porch Associates, LTD, the HRA and the City to First National Bank of Elk River. E. Consideration of concept stage planned unit development allowing a single family residential development in the R-3 Zoning District. Applicant: Central Minnesota Housing Partnership and the City of Monticello. Recommendation: Motion to approve concept stage PUD based on the finding that the proposed development is consistent with the Comprehensive Plan for the City. The development is consistent with the character of the neighborhood and will not result in a depreciation of adjoining land values. F. Consideration of approval of a request for a conditional use permit allowing a convenience food store in the Central Community District. Applicant: Dennis Archer/Domino's Pizza. Recommendation: Motion to approve Conditional Use Permit based on a finding that the changes to traffic and delivery patterns are consistent with the intent of the Downtown Revitalization Plan and the CCD Zoning District. G. Consideration of a simple subdivision request and consideration of a conditional use permit allowing residential uses on the first floor of structure in the Central Community District. 2 Council Minutes - 5/13/02 (l Applicant: Gary Nesseth. Recommendation: Move to approve the simple subdivision creating two lots from one parcel and approve the conditional use permit subject to the following conditions: A. Front yard setback of no less than 20' B. Side yard setback of 6' C. Rear yard setback of 30' D. Minimum building setback for buffer yard of 20' E. Minimum landscaped yard in buffer yard of 15' F. Applicant must provide verification of meeting the minimum landscape unit requirements of 39 units. H. Consideration of final plat approval and amendment to the zoning map to rezone Groveland 3rd Addition from agriculture open space to single family residential. Applicant: Ocello, LLC. Recommendation: Approve the final plat, development agreement and the amendment to the zoning map rezoning Groveland 3rd Addition from agriculture open space to single family residential. Res. # 2002-26, Ord. Amd. 4375 I. Consideration of an amendment to the Subdivision Ordinance pertaining to recent amendments to the Residential Development Standards. Applicant: City of Monticello. Recommendation: Move to approve the Subdivision Ordinance amendments based on a finding that the amendments support the Comprehensive Plan goals of higher quality housing development. Ord. Amd. # 376. Consideration of ordinance amendments clarifying single family zoning standards based on recent district standards adoption. Applicant: City of Monticello. Recommendation: Move to approve Zoning Ordinance revisions based on a finding that they support the City's adoption of new residential zoning standards.Ord. Amd. #377. K. Consideration to approve a resolution calling for a public hearing by the City Council on the proposed adoption of a modification to the redevelopment plan for Central Monticello Redevelopment Project No. 1 and the proposed establishment of Tax Increment Financing District No. 1-30 therein and the adoption of a tax increment financing plan therefor. Recommendation: Adopt a resolution calling for a public hearing by the City Council on June 24, 2002 for the proposed adoption of a modification to the redevelopment plan for Central Monticello Redevelopment Project No. 1 and the proposed establishment of Tax Increment Financing District No. 1-30. L. Consideration of adopting resolution in support of designating Yucca Mountain as the national repository for spent nuclear material. Recommendation: Adopt resolution in support. Res. 42002-23. J Council Minutes - 5/13/02 M. Consideration of a request for concept stage Planned Unit Development for Otter Creek Crossings Business Park. Applicant: Otter Creek, LLC. Recommendation: Approve the Otter Creek Business Park concept PUD, based on a finding that the concept is consistent with the City's Comprehensive Land use Plan. N. Consideration of granting a license of use over an easement on the Groveland Commercial Center Site. Recommendation: Motion to grant a license of use over a city easement for the Groveland Commercial Center with license to include an exculpatory clause holding the city harmless for damage to the building that might occur in the rare event that the sewer line would need to be repaired via excavation. 10. Consideration of adopting resolution prohibiting parking on CSAH 75 from Otter Creek Road to Chestnut Street. Recommendation: Adopt the resolution prohibiting parking on CSAH 75 from Otter Creek Road to Chestnut Street. BRUCE THIELEN MOVED TO APPROVE THE CONSENT AGENDA WITH THE ADDITION OF AGENDA ITEM 410. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. None. 7. Public Hearing - Compliance with Wild and Scenic Rivers Act - Hans Hagen Development - Riverwalk Deputy City Administrator, Jeff O'Neill provided background on the development of the project noting that two items were to be considered; approval of the concept stage planned unit development and also to consider comment on whether the development complied with the provisions of the Wild and Scenic Rivers Act. The Planning Commission and the Design Advisory Team had approved the development stage planned unit development. Jeff O'Neill pointed that the development is short 5' of space necessary for the green space, sidewalk, 28' two way road and pathway. The staff and developer studied this and proposed some options. One option was to eliminate the green space between the sidewalk and the curb. Another option would be to reduce the road width from 28' to 24' with one way traffic and parking on one side of the street only. This option was presented to the Planning Commission and DAT and they felt that was a good option. The Council asked John Simola, Public Works Director, how he felt about the reducing the road width and changing it to one way traffic. He indicated he was opposed to the reduction since narrowing up the street would be irreversible. He also had concerns about the parking. It was noted that a proposal for a parking lot in the park area was not presented to the Council. Mayor Belsaas asked how close to the river the pathway would be. Jeff O'Neill noted there was quite a drop in 4 Council Minutes - 5/13/02 grade just beyond the curb until you got to the Carlson property and then there was more room. Jeff O'Neill also stated that the hearing was an opportunity for the Department of Natural Resources to comment on the proposed development and its compliance with Wild and Scenic Rivers regulations. The report prepared by Steve Grittman, the planner was submitted to the DNR but they had requested additional information which was being sent and after reviewing that the DNR would be submitting their comments so any motion by the Council should be contingent upon approval by the DNR. Hans Hagen, 941 Hillwind Road, Fridley, the developer of the project, discussed the options. He stated that they wanted to keep the road as far to the south as possible. Currently the road is 26' and increasing it 2' to 28' would put the sidewalk right on the curb. Reducing the width of the street from 26' to 24' he felt was a better option. Traffic would proceed one way to the west, going from Walnut Street to the west. This would allow parking on one side of the street and a 4' green space between the sidewalk and the curb. Brian Stumpf expressed his concern about reducing the width of the street and he suggested that perhaps reducing the green space to 2' instead of 4' would be a better option. While he was not adverse to it being one way traffic, he was against it reducing the street width since it was already narrow in that area. Clint Herbst felt that 26' was overkill for a one way roadway. John Simola indicated that they had received comments from residents expressing concern about the road not being wide enough and he noted that operating equipment like snowplows is difficult on a narrow street. Roger Belsaas questioned whether the sidewalk needs to be 5' because there is a pathway on the other side of the street. John Simola stated that most of the recent sidewalk installation has been 5' but there are places in the city where the sidewalk is not that width. BRIAN STUMPF MOVED TO KEEP THE ROAD AT ITS CURRENT WIDTH, LEAVING CITY STAFF TO DETERMINE WHETHER THE TRAFFIC FLOW IS ONE-WAY OR TWO- WAY, REDUCE THE GREEN SPACE TO 2' AND THE WIDTH OF THE SIDEWALK TO BE DETERMINED BY STAFF WITH APPROVAL CONTINGENT UPON REVIEW AND APPROVAL BY THE DEPARTMENT OF NATURAL RESOURCES. Fred Patch stated that the 2' of green space would be difficult to sod and that 3'-4' would be better and would be more aesthetically pleasing. BRIAN STUMPF AMENDED HIS MOTION CHANGING THE GREEN SPACE TO 3' AND THE SIDEWALK TO 4' BUT KEEPING THE ROAD AT ITS CURRENT WIDTH. There was no second to the motion. BRUCE THIELEN MOVED TO APPROVE THE DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT AND APPROVE THE ASSOCIATED PRELIMINARY PLAT BASED ON Council Minutes - 5/13/02 THE FINDINGS THAT THE PUD IS CONSISTENT WITH THE CHARACTER OF THE AREA AND CONSISTENT WITH THE REDEVELOPMENT PLAN. MOTION INCLUDES ESTABLISHING ONE-WAY TRAFFIC ON FRONT STREET AND IS SUBJECT TO APPROVAL BY THE DEPARTMENT OF NATURAL RESOURCES. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED WITH ROGER BELSAAS AND BRIAN STUMPF VOTING IN OPPOSITION. Brian Stumpf noted that his vote was not in opposition to the project but in reducing the width of the street. Noting that this was a public hearing, Mayor Belsaas opened the public hearing. A resident on Locust Street expressed her concern about the road. At the present time with parking on both sides of the street it is difficult for traffic to get through. If parking is restricted on Front Street the vehicles will be parking on Locust and that will compound the problem on Locust. Mayor Belsaas then closed the public hearing and left the motion stand. 8. Consideration of a development stage planned unit development and approval of preliminary plat. Applicant: Hans Hagen Homes. This was included with item 47. 9. Consideration of a request by Marian Jameson for vacation/turnback of Old Territorial Road. City Administrator, Rick Wolfsteller, provided background on the item. The Council is asked to provide direction to the Jamesons for proceeding with the vacation of Old Territorial Road. It was pointed out that only a portion of the road was vacated by the township in 1953. The Jamesons had been under the assumption that the road had been vacated in its entirety. Compounding the problem is the uncertainty on whether the road was ever turned back by the state and what entity had authority to vacate the remaining right-of-way. Legal counsel for the Jamesons has been looking at the proper way to handle this and is recommending a quiet title action since the property may be developed at some point in the future. The Jamesons attorney felt that the courts would be unlikely to give title to road to the property owner and he felt the City would probably end up with title. In that case how would the City handle a vacation request. Would they approve the vacation of Old Territorial Road and would they consider turning the right-of-way back to the property owner at no cost. The staff also questioned that portion of Old Territorial Road from Washington Street to the railroad tracks and whether there was any purpose in the City retaining that right-of-way. The consensus of the Council was that the City should vacate the entire right-of-way of Old Territorial Road. Since the Jameson property needs access to a public road they would either need to obtain an easement for access purposes or the portion of Old Territorial Road from Washington Street to the railroad tracks would have to remain aublic road. The Council felt it should be u to the property p p P p Y I Council Minutes - 5/13/02 owner to negotiate an easement for access. CLINT HERBST MOVED TO CALL FOR A PUBLIC HEARING ON THE VACATION OF OLD TERRITORIAL ROAD AT THE SOONEST DATE AS PUBLICATION REQUIREMENTS CAN BE MET PROVIDED THE PROPERTY OWNERS ARE RESPONSIBLE FOR NEGOTIATING AN EASEMENT FOR ACCESS TO THEIR PROPERTY AND SHOULD THE CITY DETERMINE TO VACATE SAID ROAD THE RIGHT OF WAY WILL REVERT TO THE ABUTTING PROPERTY OWNER AT NO COST. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of adopting resolution prohibiting parking on CSAH 75 from Otter Creek Road to Chestnut Street. Included with consent agenda. 11. Consideration of approving plans and specifications and authorizing advertisement for bids for Groveland Third Addition. BRIAN STUMPF MOVED TO APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE GROVELAND THIRD ADDITION CONTINGENT UPON ALL BOND DOCUMENTS AND DEPOSITS BEING IN PLACED. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Consideration of holding workshop for the purpose of development of assessment policy fo street and utility reconstruction for upcoming projects. The Council set a special meeting for establishing assessment procedures for reconstruction projects for Tuesday, May 28, 2002 at 5 p.m. John Simola will confirm that date with the city engineer. Kjellberg Annexation: City Administrator, Rick Wolfsteller, informed the Council that within a week or two the sanitary sewer being constructed to serve the Kjellberg property will be ready for connection. At the present time the property is not annexed into the city. The City's policy on providing utilities to property outside the city limits is that they pay a different rate (3 times that of city residents) for service. The City did not believe that Kjellberg would agree to the non-resident utility rate but with the current legal action relating to the MOAA Board it is uncertain whether the State Planning Agency will act on any annexation request. The Council discussed the situation and whether the City would want to allow connection to the system to occur with guaranteed payment or whether the City should make an exception to their policy. BRUCE THIELEN MOVED TO SET A PUBLIC HEARING ON AN ORDINANCE ANNEXING THE KJELLBERG MOBILE HOME PARK AT THE SECOND MEETING IN JUNE. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH CLINT HERBST VOTING IN OPPOSITION. 7 Council Minutes - 5/13/02 13. Approve payment of bills for May. BRUCE THIELEN MOVED TO APPROVE PAYMENTS OF BILLS FOR MAY. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 14. Adjourn ROGER CARLSON MOVED TO ADJOURN AT 8:15 P.M. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. �) Recording Secretary 0