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City Council Minutes 03-25-2002MINUTES REGULAR MEETING- MONTICELLO CITY COUNCIL Monday, March 25, 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. Approve minutes of March 11, 2002 regular council meeting. ROGER CARLSON MOVED TO APPROVE THE MINUTES OF THE MARCH 11, 2002 REGULAR COUNCIL MEETING. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Public Works Director, John Simola added discussion of Junk Amnesty Day and fee increases to cover disposal costs to the agenda. Roger Carlson added an update on the Parks Commission discussion of the ATV ordinance. Rick Wolfsteller had additional information about the Vine Street Project which was included with agenda item 47. 4. Citizen comments/petitions, requests and complaints. None. 5. Consent Agenda A. Consideration of ratifying new hire for Water Department position. Recommendation: Ratify the hiring of Daniel Jones for position of Water/Sewer Collection operator and to re- advertize to fill the second vacancy in the department. B. Consideration of approving a temporary on -sale liquor license for Ducks Unlimited Banquet and Riverfest. Applicant: Monticello Lions Club Recommendation: Approve the issuance of a temporary on sale liquor license for Riverfest and the Ducks Unlimited Banquet and a set up license for the Ducks Unlimited Banquet. COLHICil Minutes - 3/25/02 C. Consideration of appointment to Advisory Committee for TH 25 expansion from Buffalo to Monticello. Recommendation: Appoint a representative to serve on the TH 25 Advisory Committee. D. Consideration of extending time frame for approving residential design standards to April 8, 2002. Recommendation: Approve extending time frame for residential design standards to April 8, 2002. E. Consideration of establishing Senior Housing as a conditional use in a PS District (Public/Semi Public District) Recommendation: Amend zoning ordinance to add Senior Housing and associated conditions to the list of conditional uses in the P/S District based on the finding that establishment of this use and associated conditions is consistent with the character and neighborhoods adjacent to P/S Districts. Ord Amd 4371. F. Consideration of approving concept stage, development stage planned unit development; and consideration of approval of a conditional use permit allowing an auto body facility and associated storage. Applicant: Progressive Development and Construction Company/Shawn Weinand. Recommendation: Approve the concept and development stage PUD subject to the following conditions: 1. A two-way circulation route be provided in the parking area west of the Lot 1 building 2. Plantings be added at the perimeter of the proposed Lot I building. 3. Cross parking and access easeirents are established and recorded with Lot 1. Block I to serve fixture Outlot B development. 4. All off-street parking supply requirements of the Ordinance are satisfied ineludin�.1 parking associated with future development upon Outlot B. 5. Trash handling and recycling equipment shall be stored within or attached to the principal buildings. 6. Site lighting shall be subject to review and approval by the Building Official who will certify that lights have been installed and perform according to the lighting plan. Such certification shall occur prior to a certificate of occupancy being issued. 7. Outside storage at the location identified shall be allowed with proper landscaping and screening. 8. Applicable signage requirements of the Ordinance are satisfied. 9. A license is issued to allow the encroachment of an off street parking area within the Marvin Road right-of-way. 10. The City Engineer provide comment and recommendation in regard to access, grading, drainage and utility issues. 11. Buildi:'g area summaries for Lot 1 provided on the site plan are revised to be consistent. 12. The applicant receive permission from nearby property owners regarding the proposed use of Marvin Road. This permission to come fi-om those property owners that have property that has access only from Marvin road. ►7 Council Minutes - 3/25/02 The above proposal is consistent with the Comprehensive Plan, is compatible with existing land uses in the area, satisfies the provisions of the Zoning Ordinance and is consistent with the City's use of Planned Unit Development. G. Consideration of granting a license to LSW Properties allowing private use of the Marvin Road right-of-way. Recommendation: Grant approval of license agreement allowing private use of Marvin Road subject to completion of conditions noted by the City Attorney as follows: 1. The license area agreement should be described via a specific legal description. 2. Exhibit B should be placed into final form. 3. Adjoining property owners with lots that only have access via Marvin Road should be on record as supporting the License Agreement. H. Consideration of authorizing purchase of Joint Fire Department utility truck. Recommendation: Authorize the Joint Fire Board to proceed with purchasing replacement truck and equipment for the mini pumper at a cost not to exceed $44,094.30. I. Consideration of change to Riverside Cemetery Rules and Regulations regarding the thickness of flat markers. Recommendation: Approve a change in Section 9.3 of the Cemetery Rules and Regulations specifying a minimum thickness for markers of 4". Mayor Belsaas pulled item #5C for discussion. Fred Patch noted that items 5F and 5G should be pulled at the request of the developer and tabled. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH ITEMS 5C, 5F AND 5G REMOVED FROM THE CONSENT AGENDA. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. BRIAN STUMPF MOVED TO TABLE ITEMS 5F AND 5G. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. Item 5C is a request from the Minnesota Department of Transportation to have an elected official appointed to serve on the TH 25 Advisory Committee. After discussion, Bruce Thielen offered to serve on the committee and Clint Herbst indicated he would be an alternate if Bruce Thielen could not make the meetings. ROGER CARLSON MOVED TO APPROVE ITEM 5C WITH BRUCE THIELEN SERVING ON THE TH 25 ADVISORY COMMITTEE. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Council Minutes - 3/25/02 Because of the high costs for disposal, Public Works Director, John Simola brought up for discussion a change in the fees charged for disposal of items on Junk Amnesty Day. Currently the City does not charge for the first 3 appliances. They would like to change this and charge a $5 minimum for the first 3 appliances. Computers are an item that is difficult to dispose of. It is proposed to charge $5/per unit (hardrive, monitor, printer) to defray the cost of transporting them to the county for disposal. It is also proposed to put a $5 charge on television sets and to charge the same for disposal of chairs, sofas, mattresses. Roger Belsaas asked whether they would be charging $5 on the first three items and then $15 on all items after that or whether they charge actual cost after the third item. CLINT HERBST MOVED TO APPROVE A NEW FEE SCHEDULE AS OUTLINED BY PUBLIC WORKS DIRECTOR, JOHN SIMOLA FOR DISPOSAL COSTS FOR ITEMS COLLECTED ON JUNK AMNESTY DAY. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Consideration of development stage planned unit development and preliminary plat for Vine Place Townhomes. Applicant: Front Porch Associates/Mike C Building Official, Fred Patch provided the background for the agenda item and updated the Council on the action taken by the Planning Commission at their special meeting on this item on March 25, ( 2002 at 6 p.m. Fred Patch stated that concerns regarding the private street access and width, building separation, alley width and setbacks had been resolved. He indicated that one issue that came up at the special meeting was a sharp curve in the alignment of the alley and whether that would impact a number of units. The developer indicated that he would be willing to look at realigning the alley to reduce the sharpness of the curve. The issue of the right-of-way of Vine Street was discussed. Randy Ruff feels he has ownership rights to half the Vine Street right-of-way. The 6,900 square feet of right-of-way is needed for the development so the right-of-way issue needs to be resolved before the development can proceed. The Planning Commission approved alternative #1 with contingencies A, B and C and added D which stated the City of Monticello will sell to the developer that portion of Vine Street right-of-way extending south of West 6t" Street within the defined project area. Clint Herbst asked about the private drive and whether the City should be concerned about snow storage. Mike Cyr indicated that it was their intent to blow the snow into the yards. Snow removal would be the responsibility of the homeowner's association. Roger Belsaas asked whether staff would have an opportunity to review and comment on the association by-laws and development covenants. Fred Patch indicated that the City gets a copy but they are not involved in reviewing them. There was a brief discussion on problems with covenants changing before the development was fully developed. John Simola noted that the setbacks from 6 '/2 th Street which is a public street do not conform to the ordinance. Mike Cyr questioned why this issue came up now when it had not been brought up 4 Council Minutes - 3/25/02 during staff discussions over the past six months. Fred Patch concurred that this was not addressed by staff. John Simola felt that if the setback requirements applied to other projects, it should apply here as well. Mike Cyr felt since they were putting traffic on private roads the setback requirements were not as important. Rick Wolfsteller brought up the Vine Street right-of-way and the City Attorney's recommendation that the City should not offer a guarantee as to good title. It is likely to take a couple of months to get this issue resolved going through the legal process. Mike Cyr reviewed the history of this development project. He noted that the right-of-way encroachment by Ruff Auto is a major concern to him . He is unable to get title insurance and for that reason he asking that the City guarantee to clear up all issues in order to get good title. Clint Herbst stated that while he could understand Mike Cyr's frustration, the City concurred with the recommendation of the City Attorney. Fred Patch noted that the sale of the right-of-way to the developer should be transacted prior to approval of the planned unit development and the preliminary plat. Randy Ruff spoke stating he had not yet seen a survey of the area of the encroachment which he has requested. He indicated that he cannot determine what has to be done until he knows the area of the encroachment. Mike Cyr indicated that for a length of 200 feet it is on the average 34 feet beyond where it should be. There was discussion on the number of vehicles that would have to be moved from the area of encroachment. Brian Stumpf asked that if there was some compensation set by negotiations between Randy Ruff and Mike Cyr would the City contribute to it. Bruce Thielen stated he did not believe the City should be paying someone to vacate property that the City owns. Rick Wolfsteller pointed out that on Wednesday the HRA would be looking at some alteration to the final finance plan. Clint Herbst questioned how much support the City should provide to develop what is essentially bare land. Rick Wolfsteller noted that the right-of-way cost would be lowered from $83,000 to $75,000 which would be contribution of $8,000 by the City. Randy Ruff asked about the alignment of 6 '/2 Street. Roger Belsaas indicated that 6 1/Z Street would be going through to Elm Street although its exact alignment is still to be determined. Randy Ruff stated in the future his plan is to work off that side of the lot and he didn't want to lose any property. Bruce Thielen reminded him that he is not losing property since it belongs to the City but rather that he has had an opportunity to use the property without charge for all these years. Randy Ruff stated that he has asked for documentation showing that the City owns the land but has not received anything. It was pointed out that the City is not generally given a deed or abstract for each piece of right-of-way that they own. Brian Stumpf stated that there was some basis for where the fence was placed as being the property line. Bruce Thielen noted there are frequent mistakes on lot line locations. Mayor Belsaas felt that Randy Ruff and Mike Cyr should continue to work at settling the issues. It was suggested that someone from the City sit down and mediate the discussion. Mayor Belsaas and Rick Wolfsteller will do so. BRUCE THIELEN MOVED TO APPROVE THE PRELIMINARY PLAT AND GRANT DEVELOPMENT STAGE APPROVAL OF THE VINE PLACE TOWNHOME PROJECT Wi Council Minutes - 3/25/02 CONTINGENT UPON THE FOLLOWING: a. Final review of the landscaping plan by the City Planner b. Final review of engineer plans by the City Engineer. C. Final review of the architectural design by the City Planner. d. The City's sale to the developer of the portion of Vine Street right-of-way lying south of West 6`' Street within the defined project area. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. A tentative meeting between Mike Cyr, Randy Ruff, Roger Belsaas and Rick Wolfsteller was set for Wednesday afternoon at 1 p.m. at City Hall.. 8. Public Hearing - Consideration to approve a resolution adopting the modified Redevelopment Plan for Central Monticello redevelopment Project No. l; and establishing within Central Monticello Redevelopment Project No. I TIF District No. 1-29 and adopting the related TIF Plan therefor. 011ie Koropchak stated that the City is asked to hold the public hearing and adopt the resolution establishing a housing district for the Vine Place Townhomes. She noted the contingency regarding the sale of the right-of-way needs to be added to the resolution. 011ie Koropchak summarized what is required of the City in setting up this district and noted that the TIF districts covers only 18 of the townhome units. 011ie Koropchak stated the City has met all the statute requirements but added that the state auditor is looking at the "but for findings" in establishing TIF districts. The selling price for the units is $169,900. With TIF assistance the rate of return is 8.5 without TIF assistance the rate of return is 3.5 Mayor Belsaas opened the public hearing. There was no one present who spoke for or against the proposed development. Mayor Belsaas then closed the public hearing. BRUCE THIELEN MOVED TO APPROVE A RESOLUTION ADOPTING THE MODIFIED REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO. 1 AND ESTABLISHING WITHIN THE CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO. 1 TIF DISTRICT NO. 1-29 AND ADOPTING THE RELATED TIF PLAN THEREFOR CONTINGENT UPON THE CITY OF MONTICELLO SALE TO THE DEVELOPER OF THAT PORTION OF THE VINE STREET RIGHT-OF-WAY LYING SOUTH OF WEST 6TH STREET WITHIN THE PROJECT AREA. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration to approve entering into a Contract for Private Development among the HRA, the City and Front Porch Associates, LTD. 011ie Koropchak summarized this item adding that the City is asked to approve entering into the Co Council Minutes - 3/25/02 �~ contract because the City agreed to vacate and convey the street right-of-way. On Wednesday night the HRA is considering total assistance of $220,000 which is $57,000 more than approved previously because development costs for the project had increased. Initially $58,000 of right-of-way cost was going to be covered by TIF assistance now all of the right-of-way cost will be covered. The TIF district is designated for 15 years of assistance even though the life of the district is 25 years. The contingency on the sale of the right-of-way should be added to the contract language. CLINT HERBST MOVED TO APPROVE ENTERING INTO THE CONTRACT FOR PRIVATE DEVELOPMENT AMONG THE HRA, THE CITY AND FRONT PORCH ASSOCIATES, LTD CONTINGENT UPON THE CITY'S SALE TO THE DEVELOPER OF THE PORTION OF VINE STREET RIGHT-OF-WAY LYING SOUTH OF WEST 6T" STREET WITHIN THE DEFINED PROJECT AREA. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of landscaped medians with the County State Aid High«�ay No. 7-5 improvements. Landscaping for the medians was discussed. The Council questioned whether any grass was going to be planted in the medians. Becky Hauschild from WSB stated that the grass was more difficult to maintain and was more labor intensive because of the mowing. The plantings were designed to be a weather hardy mixture of trees and shrubs. No irrigation system for the plantings was being proposed. The Council discussed whether water shouldn't be stubbed to the medians. Becky Hauschild will check on the cost of running the stubs in. Bruce Thielen stated he would like to see a two year guarantee on the plantings instead of the one year proposed. BRUCE THIELEN MOVED TO APPROVE THE LANDSCAPED MEDIANS AS ILLUSTRATED AND AUTHORIZE WSB & ASSOCIATES INC. AND NORTHWEST ASSOCIATED CONSULTANTS TO PROCEED WITH THE FINAL DESIGN WITH THE ADDITION OF INSTALLING WATER STUBS AND ADDING A TWO YEAR GUARANTEE ON THE PLANTINGS. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Other Items: Roger Carlson reported that the ATV ordinance was discussed at the Parks Commission meeting. The Parks Commission will be setting up a committee to review this. Under the present ordinance ATV's are not allowed to operate on city trails or right-of-way. The committee will be looking at whether an area should be designated for their use. Brian Stumpf indicated that he would be willing to serve on the committee as a representative from the Police Commission. Clint Herbst brought up a memo received from Tom Salkowski the Administrator for the MOAA Board. The Council discussed the upcoming rezoning request by Gary Schluender to zone the property to 7 Council 1-1111LItes - 3/25/02 commercial. The City's comprehensive plan shows this area as open space and residential. The question was whether the City wanted representation on these matters. It is the Council's position that the MOAA is not a valid entity and the City is not a participant. Brian Stumpf stated that if any of the Council members wished to attend the meeting they could do so as a private citizen but they would not be representing the City Council. Bruce Thielen moved that there be no representation at the MOAA Board meeting. Roger Belsaas stated that a motion was not required but only that response should be given to issues raised in the memo. 11. Approve payment of bills for March. BRUCE THIELEN MOVED TO APPROVE PAYMENT OF THE BILLS FOR MARCH. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Adjourn. BRUCE THIELEN MOVED TO ADJOURN AT 8:40 P.M. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary H