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City Council Minutes 06-08-1998MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, June 8, 1998 - 7 p.m. Members Fresent: Bill Fair, Clint Herbst, Brian Stumpf, Roger Carlson, Bruce Thielen Members Absent: None 2. A. A royal of m~ f the s ecial 'oint mmission tin held Ma 21 1998. A MOTION WAS MADE BY ROGER CARLSON AND SECONDED BY BILL FAIR TO APPROVE THE MINUTES OF THE SPECIAL JOINT COMMISSION MEETING HELD MAY 21, 1998, AS WRITTEN. Voting in favor: Bill Fair, Roger Carlson. Abstaining: Clint Herbst, Brian Stumpf, Bruce Thielen. B. A r val of minutes of the ial meetin h Ma 26 199 A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT HERBST TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD MAY 26, 1998, AS WRITTEN. Mation carried unanimously. 3. Consideration of adding items to th~genda. Nane. 4. itizens comments/ etit' sts and co 1 ints. None. 5. Consent agenda. Councilmember Brian Stumpf requested that item 5E be removed from the consent agenda for discussion. A. Conside i n f transient merc n rdinance ndment. Recammendation: Adopt the ordinance amendment allowing the sale of farm or garden fruits and vegetables from June 15 through September 15. SEE ORDINANCE AMENDMENT NO. 310. B. Consider n f renewin contr t f r Cit As or service f r 1998-1999 - Kramber & Associates. Recommendation: Renew the contract for city assessing services with Mr. Kramber for the 1998-1999 assessment year at the rate of $6.75 per parcel. Page 1 Council Minutes - 6/8/98 C. Consider i n are nest for a rez nin f East Oak Meadows fro A-O a ricul r / ens ace to R-1 sin le famil residen ial . A lican Harold h rm r. Recommendation: Approve rezoning of East Oaks Meadows from AO to R-1 based upon a finding that the City's land use plan calls for low density residential on this property. SEE ORDINANCE AMENDMENT NO.311. D. Consideration r u st for a Condit' 1 use ermit allow a beaut d tannin salon in a PZ erformance z n mixed zon A licant Tom d Susan Grossnickle. Recommendation: Approve the conditional use permit for a beauty and tanning salon in a PZM district, based upon a finding that the proposed use would be compatible with the intent of the comprehensive plan and PZM zoning district, subject to the following conditions: 1. The parking lot and driveway are paved, striped, and curbed in accordance with zoning ordinance requirements. 2. Setbacks of new parking/driveway improvements are maintained in accordance with the ordinance standards and verified by survey. 3. An intensive screening and landscaping border, including both planting and fencing, is provided between this use and adjoining residential properties. 4. The structure is certified for commercial use by the City Building Official. 5. A residential building character is maintained to provide the appropriate streetscape and compatibility with the residential neighborhood. E. Consider tin fare uest for r zonin reli in lot a develo men to e PUD fora 78-1 in 1 famil la known a Wildwood e. A lican Darrell A. Farr Development Corpgr t~ ice. Removed from the consent agenda for discussion. F. on ideration of an a n ment to the z nin code r vidin for se nal o en 1 in the FZ erform a zone and i h B-1 B- B-3 and B- u iness district zones. A li t Cit of M nticello. Recommendation: Adopt the ordinance amendment establishing outdoor sales and display regulations. SEE ORDINANCE AMENDMENT NO. 312. G. n i eration of a zonin xt amendmen in the I-1 1' ht industri z nin district llow a o-cart tr k as a condition se. A li nt Russ an Pula Adamski dba Monticello Roller Mink. Recommendation: Approve the zoning ordinance amendment to allow outdoor go-cart tracks as a conditional use within the I-1 zone subject to the same conditions as outlined for this use in the B-3 Fage 2 Council Minutes - 6/8/98 district, based upon a finding that the use is consistent with the purpose of the I-1 district and comprehensive plan objectives. SEE ORDINANCE AMENDMENT NO. 313. Approve a conditional use permit to allow an outdoor go-cart track in the I-1 district based upon a finding that the proposed use has met or will meet, with appropriate changes, the conditions as defined in the zoning ordinance, including adequate screening to protect adjacent properties and adequate parking to accarnmodate the proposed use and carnpatibility with the area and comprehensive plan objectives. Approval is subject to the following conditions: 1. The conditional use permit will be reviewed yearly to determine whether or not it is compatible with neighboring properties and in conformance with conditions of the conditional use. 2. A solid 6-ft high wood fence be provided around the rear yard of the subject property. 3. The applicant provide a landscape plan that provides planting materials of the type and quantity necessary to supplement the required wood fence as an effective screen/buffer. Said landscape plan shall be subject to review and approval of the City Council. 4. The go-cart track be surfaced with concrete or bituminous material. No exterior public address system or loud speakers be utilized on the subject site. 6. The parking lot be improved so as to provide 70 parking stalls, two of which must be disability accessible with a 7-ft access lane in between. 7. Any expansion of uses an the subject site shall require an amendment to existing conditional use permit subject to compliance with zoning ordinance provisions, subject to review and recommendation of the Planning Commission and approval of the City Council. 8. The site plan be revised to indicate the location of any and all site lighting. Additionally, the applicant shall provide details regarding all exterior light fixtures including photometric illumination fields. All site lighting shall be subject to review and recommendation of the Planning Commission and approval of the City Council. Page 3 Council Minutes - 6/8/98 H. C i eration of a re ue for a conce t to e a royal f r a Tanned uni level m nt to allow a seni r residential om Tex ad'acent to the Church f St. He site. A li ant St. Bene ' is Center. Recommendation: Table action on the rezoning request subject to additional information; Approve the concept stage PUD, based on the finding that the project is appropriately integrated with the Church of St. Henry project, subject to the following conditions: Platting of the property creating separate lots for the St. Henry's and St. Benedicts sites, with appropriate access easements. 2. A conceptual site illustrating an additiona124 parking spaces which could be built under a "proof of parking" agreement with St. Benedicts. This total would accommodate one space per unit for the assisted living project, splitting the proposed visitor's parking between the two buildings. 3. Preparation of a landscape plan which includes buffer yard plantings as required between institutional and high-density residential projects. 4. Preparation of a landscape plan which includes one-half of the buffer yard requirements between the high-density residential and industrial property on the east. 5. Appropriate site grading and utility plans approved by the City Engineer. I. n id ration of. a r vin sim le ivision. A licants Monticello-Bi L k H i 1 District and M nticello Sch 1 District. Recommendation: Approve the simple subdivision request. Consideration of resolution ce tin fe ibilit stu and callin fra ublic hea ' n the Chels R ad ro'e .Recommendation: Adopt a resolution accepting feasibility study and calling for a public hearing on the Chelsea Road improvements between County Raad 1 I7 and Cedar Street, including utilities. SEE RESOLUTION 98-24. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO APPROVE ITEMS SA, SB, SC, SD, SF, SG, SH, SI, AND 51 OF THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously. Page 4 Council Minutes - 6/8/98 6. Co rati n of items re v from the n ent a en for discuss' n. SE. on ideration of a r uest for a r z nin relimina lot d develo m n to e P D f r a 78-lot sin l famil lot t known as Wildwood i e. A licant Darre 1 A. Farr Develo m nt Co oration. Assistant Administrator Jeff O'Neill reported that the developer has proposed to remove two of the 78 lots from the site, which greatly increased the number of conforming lots on site. There will be no need for a reduction in the side yard setback on the garage side of homes, and most of the 761ots will meet standards with regard to lot width and area. In addition, the street right-oftway width was increased to 60 ft with a concurrent allowance fora 5-ft reduction in the front yard setback. The Planning Commission recommended approval of the planned unit development and preliminary plat but tabled the rezoning request pending a decision on annexation by the MOAA. They also recommended approval of an on-road pathway system as an alternative to the sidewalk system proposed in the staff report. Councilrnember Brian Stumpf questioned why one of the conditions of the plat was "redesign to 60-ft right-of way width with an allowance for 25-ft front yard setbacks," and he expressed concern regarding the number of nonconforming lots proposed for the development. Jeff O'Neill explained that the public works department requested the change in the right-of--way width, and the front yard setback was reduced in exchange for tree preservation in the rear yard space. He also noted that in exchange for a slightly higher density, the City will receive 10% of land area as cash for park dedication and wooded hillsides as outlots, which is more than the required park dedication. Councilmember Stumpf also questioned the deed restriction requirement for snow removal. The Assistant Administrator noted that the City proposed to make concessions to accommodate the special design of the area and the preservation of trees; however, no concessions were made regarding snow removal, and the deed restriction identifies the homeowner as the responsible party for removing plowed snow from the upper cul-de-sac and the turn_around off of Marquette Drive. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO TABLE THE REZONING REQUEST AND APPROVE THE PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT OF WILDWOOD RIDGE SUBJECT TO THE FOLLOWING CONDITIONS: 1. REMOVAL OF TWO LOTS FROM THE PLAT RESULTING IN 76 LOTS, WHICH WILL ALLOW ADHERENCE TO SIDE YARD SETBACK STANDARDS. Page 5 Council Minutes - 6/$/9$ 2. IDENTIFICATION OF A NATURAL TRAIL THROUGH THE HILLSIDE OF OUTLOT B, WITH A CONNECTION TO COUNTY ROAD 118 ACROSS THE NORTHERNMOST LOT - LOT I 1 OF BLOCK 2. SIDEWALK ALONG WILDWOOD BOULEVARD AND WILDWOOD WAY TO OUTLOT C, CONNECTING VIA PATHWAY THROUGH OUTLOT C TO THE CITY'S WATER TOWER SITE, OR DEVELOPMENT OF A COMBINATION ON-ROAD/OFF-ROAD PATHWAY. 4. REDESIGN OF THE PLAT TO SHOW 60-FT RIGHT-OF-WAY WIDTH THROUGHOUT WITH AN ALLOWANCE FOR 25-FT FRONT YARD SETBACKS. ESTABLISHMENT OF A DEED RESTRICTION FOR THE PURPOSE OF IDENTIFYING HOMEOWNER RESPONSIBILITY FOR REMOVING PLOWED SNOW FROM THE UPPER CUL-DE-SAC AND THE TURN- AROUND OFF OF MARQUETTE DRIVE. 6. MODIFICATION OF THE PLAT TO INCLUDE RADIUSES AT THE INTERSECTION OF RIGHT-OF-WAY PER PUBLIC WORKS RECOMMENDATION. 7. PROVISION OF 60-FT RADIUS ON THE CUL-DE-SAC OFF OF THE WEST SIDE OF MARQUETTE DRIVE. 8. RECOMMENDATION OF THE CITY ENGINEER ON GRADING, STORM WATER CONTROL, AND UTILITIES. PARK DEDICATION CONSISTING OF OUTLOTS FOR PRESERVATION OF TREES AND CASH IN THE AMOUNT OF 10% OF THE RAW LAND VALUE. Motion carried unanimously. 7. Public hearin n the Marv' ad ro'ec . Mr. Ran Bray of WSB & Associates reported that, in conjunction with the Highway 25 project, street and utility improvements are proposed for Marvin Road fram Chelsea Road to Oakwood Drive, along with extension of Chelsea Road fram Sandberg Road westerly to the proposed Marvin Road intersection, which will serve as access to future development to the west. Interchange improvements will be constructed after the Highway 25 improvements, and Oakwood Drive will likely be disconnected from ~ Highway 25 in July 1999. It was also noted that MN/DOT has expressed a willingness to discuss a passible contribution toward the extension of Chelsea Raad and the street improvements for Marvin Road. Page 6 Council Minutes - 6/8/98 City Engineer Bret Weiss reported that the total cost of the project was estimated at $997,958, not including possible contributions from MN/DOT or right-of way acquisition casts. Funding far the Marvin Raad improvements will be derived from various City funds and special assessments estimated at $520,171. The cost to construct the Chelsea Road segment will be financed with City funds. He also noted that several developers are proposing to develop property in this area and are proposing a slightly different alignment; therefore, Council may want to table this item until additional meetings can be held with developers and property owners in the area. Mayor Fair opened the public hearing. Leonard Levine, representing property owners in the area, noted concerns regarding loss of access to Highway 2S and the proposed assessment amounts. He requested that Council table action on the project to allow additional discussions between WSB, MN/DOT and property owners, as it was his view that MN/DOT should contribute funds to the additional improvements resulting from the Highway 2S project. Tod Navaczyk, owner of the Wendy's property, stated that disconnecting Oakwood Drive from Highway 2S will take away the use and reduce the value of his restaurant facility. There being no further public comment, Mayor Fair closed the public hearing. AFTER DISCUSSION, A MOTION WAS MADE BY BILL FAIR AND SECONDED BY BRIAN STUMFF TO TABLE ACTION ON THE MARVIN ROAD/CHELSEA ROAD PROJECT PENDING FURTHER STUDY. Motion carried unanimously. 8. Consideratio fare uest f c nce t sta fanned un' velo m fora 220-a r residenti 1 division. licant Gol Nu et Dev ment Inc. Assistant Administrator Jeff O'Neill reported that Gold Nugget Development is proposing a residential planned unit development consisting of 220 acres south of Kjellbergs East Mobile Home Park. The project would consist of a combination of approximately 339 single family homes, 176 tawnhomes, 20 twin homes, and 40 detached townharnes, a total of S77 units. In addition, S.S acres in the southwest corner of the project was reserved for commercial use. Horst Graser, representing Gold Nugget Development, reviewed the proposed PUD and noted that the project concept utilizes a "linear park" design throughout the subdivision. The development proposes varied individual lot sizes to include a series of about 43 scattered, nonconforming lots, using a standard of 10,000 sq ft and a 6S-ft width; a variance from the side yard setback standard; and varying front yard setbacks, ranging from 20 ft to 40 ft, to create additional interest along the street. Mr. Graser painted out that the linear road system with curves would slow traffic down, and the varied front yard setbacks would provide an opportunity for green and open space in the front yards. He Page 7 Council Minutes - 6/8/98 noted that one of the conditions placed on the development was low level lighting for the pathway areas internal to the project, which he requested be required only at the entry to the trail rather than throughout the entire system. Council discussed their concerns regarding the nonconforming lots proposed for the subdivision, specifically the 6S-ft width, but agreed that lighting of the entire pathway would not benecessary. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT HERBST TO APPROVE THE CONCEPT PLAN, REQUIRING THAT THE &0-FT MINIMUM WIDTH STANDARD BE ADHERED TO, WITH THE FOLLOWING CONDITIONS: 1. PROVISION OF A LANDSCAPED BUFFER BETWEEN THE PROJECT AND THE ADJACENT USES ON THE WEST (TH 25) AND THE NORTH (KJELLBERGS EAST). THIS NEED NOT BE AN OPAQUE SCREEN BUT SHOULD BE A REASONABLE, GREEN VISUAL BUFFER. 2. TOWNHOME TYPES WILL NOT EXCEED THE DENSITIES PROFOSED IN THE CONCEPT PLAN. THE COMMERCIAL AREAS ARE LIMITED TO THE SIZE INDICATED ON THE CONCEPT PLAN AND ARE LIMITED TO NEIGHBORHOOD RELATED USES. 4. A PAVED PATHWAY IS INCLUDED IN THE PROJECT IN LIEU OF SIDEWALK IN MOST OTHER AREAS. THE PARK AREA IS WIDENED AT THE COLLECTOR STREET AS INDICATED ON THE PARK EXHIBIT. THIS AREA SHOULD BE GRADED TO ACCOMMODATE AN INFORMAL PLAYFIELD FOR NEIGHBORHOOD USE. 6. THE PARK AREA IS EXPANDED TO CREATE A COMMON GREEN NEAR THE WESTERN TOWNHOMES AS INDICATED ON THE PARK EXHIBIT. THE PARK AREA IS CONNECTED TO THE NORTHWEST VIA A PATHWAY CONNECTION AS SHOWN ON THE PARK EXHIBIT, AS WELL AS TO THE SOUTHERN TOWNHOME CUL-DE-SAC. THE COLLECTOR STREET THROUGH THE CENTER OF THE PROJECT IS PLATTED AT A 70-FT RIGHT-OF-WAY, WITH A STREET CONSTRUCTCON ACCORDING TO THE CITY ENGINEER'S RECOMMENDATIONS. 9. THE REMAINDER OF THE STREETS ARE PLATTED AT 60-FT RIGHTS-OF-WAY, WITH 30-FT OR 32-FT STREET SECTIONS AS SHOWN ON THE STREETS EXHIBIT. 10. A SIDEWALK ALONG THE NORTH SIDE OF THE COLLECTOR IS DEVELOPED AS A PART OF THE PROJECT. Fage 8 Council Minutes - 6/8/98 1 1. ENGINEERING AND UTILITIES MEET THE REQUIREMENTS OF THE CITY ENGINEER. 12. PHASING WHICH PROVIDES LOOPING OF WATER AND ADDITIONAL MAJOR STREET ACCESS AS SOON AS POSSIBLE. Motion carried unanimously. 9. Consideratio f renewin ani 1 services r ement with Monticello nimal Contr 1- Patty Salzwedel. In the City Administrator's staff report, it was noted that the last increase in the animal control contract was in July 1996 when it was increased to $2,259.40 per month for both the animal control services and the impound maintenance, which was a 2.7% increase on the base amount established in 1993. Patty Salzwedel requested that the contract be renewed with a 6% increase based on the cost of living adjustments used by the City over the last two years. A MOTION WAS MADE BY CUNT HERBST AND SECONDED BY BRUCE THIELEN TO RENEW THE ANIMAL CONTROL AGREEMENT WITH PATTY SALZWEDEL AND ADJUST THE MONTHLY COMPENSATION BY 6%, AND DIRECT STAFF TO BRING FUTURE AGREEMENTS TO THE COUNCIL FOR CONSIDERATION AT THE TIME COST OF LIVING ADJUSTMENTS FOR CITY STAFF ARE DISCUSSED. Motion carried unanimously. 10. Consideratio fan amend t the M icello Co rehensive Plan b ado in a Com rehe Park and P w Plan. licant M nticello P rk Commi i n. Assistant Administrator Jeff O'Neill reported that the Parks Commission has been working on development of a Comprehensive Parks and Pathways Plan, which provides a comprehensive inventory of community parks and recreation facilities, establishes policies and strategies for the location and siting of new park facilities, and identifies a park system within which all park facilities, existing and new, will be coordinated. The plan also addresses the need for a new fee structure, which was tabled by the Planning Commission pending review of development fees charged by other communities. Parks Commission Chair Larry Nolan added that the plan will give the Parks Commission more structure for implementation of park areas in the future. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CUNT HERBST TO APPROVE THE AMENDMENT TO THE COMPREHENSIVE PLAN BY ADOPTING THE COMPREHENSIVE PARKS AND PATHWAY PLAN CONTINGENT ON STAFF RESEARCIIING FEES FOR FUTURE COUNCIL CONSIDERATION AND THAT THE PARK DEDICATION FEES BE MAINTAINED IN A SEPARATE FUND. Motion is based on the finding that the plan will provide greater consistency in the planning process for the provision of parks, pathways, and other recreation facilities. Page 9 Council Minutes - 6/8/98 r 1. 11. Consider tin f reviewin firs carter li uor s re financi 1 re ort. Liquor Store Manager Joe Hartman reported that sales for the first quarter of 1998 were up almost $19,000 over the first quarter last year, which resulted in a gross profit increase of over $11,000 compared to last year, which falls in line with expectations. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER CARLSON TO ACCEPT THE FIRST QUARTER LIQUOR STORE FINANCIAL REPORT AS PRESENTED. Motion carried unanimously. 12. onsideration o ills for the last if of Ma 1 A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO APPROVE THE BILLS FOR THE LAST HALF OF MAY 1998 AS PRESENTED. Motion carried unanimously. ~ 1 I~ 13. Other matters. A. Chief Building Official Fred Patch requested that Council consider a change to the ordinance amendment adopted in item SF of the consent agenda regarding seasonal open sales. He requested that temporary outdoor sale and display not be licensed but have a 90-day maximum term, and a seasonal outdoor sale and display license have a term of 60 days with a 120-day maximum term. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO APPROVE THE CHANGES TO THE ORDINANCE AMENDMENT ADOPTED IN ITEM SF OF THE CONSENT AGENDA AS PRESENTED BY THE CHIEF BUILDING OFFICIAL. Motion carried unanimously. SEE ORDINANCE AMENDMENT NO. 312. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRUCE THIELEN TO ADJOURN THE MEETING. Motion carried unanimously. Karen ty Deputy City Clerk Page 10