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City Council Minutes 12-08-1997MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, December 8, 1997 - 7 p.m. Members Present: Bill Fair, Clint Herbst, Brian Stumpf, Roger Carlson, Bruce Thielen Members Absent: None 2. A. Annrov 1 of 'n p~ of h sp ci 1 m ine held November 17 ] 9~q7. Councilmember Clint Herbst stated that he did not feel a consensus was reached regarding the proposed levy increase for 199$; however, other Councilmembers noted that a consensus was reached for presentation at the Truth in Taxation public hearing. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO STRIKE THE SECOND TO LAST PARAGRAPH OF THE MINUTES. Voting in favor: Clint Herbst, Brian Stumpf. Opposed: Bill Fair, Bruce Thielen, Roger Carlson. Motion failed. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD NOVEMBER 17, 1997, AS WRITTEN. Voting in favor: Bruce Thielen, Roger Carlson, Bill Fair. Opposed: Clint Herbst, Brian Stumpf. Motion carried. B. Annrov 1 of 'n of hr~gp ci 1 m 'ne held November 2d_ ] 97 A MOTION WAS MADE BY ROGER CARLSON AND SECONDED BY BRIAN STUMPF TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD NOVEMBER 24, 1997, A5 WRITTEN. Voting in favor: Roger Carlson, Brian Stumpf, Bill Fair, Bruce Thielen. Abstaining: Clint Herbst. Motion carried. C. Annmval of 'n tea of h rea,+1 r m - +ng held November 24 1997 A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER CARLSON TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD NOVEMBER 24, 1997, AS WRITTEN. Motion carried unanimously. Page 1 Council Minutes - 12/8/97 3. Consideration of ad ipg i pms th a nda. A. ~1tah. This item was added as 9A. B. ~. This item was added as 17A. 4. i ., . c Comm n s/petitinnn. rnqueate" n~mnlfl;n .s, None. 5. Consent,,,;~,gg~a. Councilmember Clint Herbst requested that item 5D be removed from the consent agenda for discussion. 1 A• Recommendation: Approve the transfers as recommended by the City Administrator. B. Recommendation: Approve the interim use permit amendment with the following conditions: 1. The interim use permit will terminate on August 31, 1998. Extension of the use of the subject property for public school purposes beyond the termination date may only be granted through re-application to the City. 2. The District agrees to stripe the existing parking lat in a way which maximizes the paved area for efficient parking supply and circulation. 3. The District agrees to expand parking areas at the direction of the City. The City will direct expanded parking based on the City's observation of parking demand which causes the use of an-street parking at any time. Page 2 Council Minutes - 12/8/97 4. The use of the subject property will be for alternative classroom use during normal school hours only and not far any other use. 5. The District may occupy the building during remodeling only at the direction, and under conditions identified by, the Building Official. 6. The District shall make every effort to avoid permanent changes to the building which, in the opinion of the Building Official, would not be characteristic of an industrial use. 7. Thirteen of the total 19 off-street parking stalls are reserved far use by the building's lower level building occupant. 8. All applicable Building Code requirements are satisfactorily met. Approval is based on the finding that the proposed use will not interfere with the City's long-range objectives of encouraging industrial development in the area (due to the temporary nature of the permit and the minimal alterations to the property. C. - .Recommendation: Approve the zoning ordinance amendment to establish government and public utility structures as conditional uses in the B-3 zoning district based on the finding that the conditional allowance of government and public utility structures in the B-3 district is consistent with the purpose of the district and comparable with other allowed uses in the district. SEE ORDINANCE AMENDMENT NO.3Qp. • Approve the rezoning of the 5.p-acre parcel of land located east of Highway 25 between I-94 and 7th Street from I-1 to B-3 based on the finding that the rezoning is consistent with the provisions of the comprehensive plan and is in character with the area. - SEE ORDINANCE AMENDMENT NO.3a1. Page 3 Council Minutes - 12/8/97 i~~~ision S: Approve the conditional use permit to allow the establishment of a government or public utility building in a B-3 zoning district with the Following conditions: 1. The City approves the requested zoning ordinance amendment and rezoning. 2. The City Engineer provides comment and recommendation in regard to site access. 3. The submitted grading plan is subject to review and approval by the City Engineer. 4. The following landscaping-related conditions are satisfied: a. The Austrian Pine tree located in the northwest coiner of the site is relocated so as not to obstruct vehicular visibility for vehicles exiting onto 7th Street. b. The Dwarf Burning Bushes located along the west side of the parking lot are shifted westward to allow vehicle overhang and snow storage. c. Off-street parking and loading areas are screened from view of Tnterstate 94 from the south. d. The landscape plan is modified to identify seeding specifications. 5. The site plan is revised to identify a trash handling location. The trash handling area shall be screened from view of neighboring properties and adjacent rights-of--way. 6. All site signage complies with applicable City requirements. 7. The site plan is revised to illustrate exterior lighting locations. All lighting shall be arranged to deflect light away from any residential use zone and from public streets. 8. No outside storage is permitted. 9. Any mechanical equipment erected on the roof of the principal structure is screened so as not to be visible. Page 4 Council Minutes - 12/8/97 10. The City reserves the right to require the construction of additional off-street parking stalls if the need arises. Approval is based on the finding that the use is consistent with the provisions of the comprehensive plan and is compatible with uses in the area. D. This item was removed from the consent agenda for discussion. E. . Recommendation; Appoint Robbie Smith to the Planning Commission position. F. Recommendation: Authorize preparation of a Water Resource Management Plan for the city of Monticello, which would be paid out of the trunk storm sewer fund, at a cost of $40,000. G. . Recommendation: Authorize preparation of a feasibility report addressing the alignment and construction for proposed southeast interceptor at an estimated cost of $9,500. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO APPROVE THE CONSENT AGENDA AS RECOMMENDED, EXCLUDING ITEM 5D. Motion carried unanimously. 6. Cnnsid ra ion of itPmn mov d from h naen agenda for ~iacuxaion. 5D. ConaidPraon of:~pmving a ontract wi .h nk nv KaLI t~r~h;tects for design services for the Co~m~ ity. and Trainine ('ern ,tPr. In the Assistant Administrator's staff report, Council was asked to consider entering into a contract with Ankeny Ke11 Architects for services relating to design and construction of the Community and Training Center. Approval of the contract would enable the project to proceed through phase I design, which was scheduled for completion in early February. During phase I design, AKA would gather information from the community and prepare schematic layouts and detailed cast estimates of the entire facility, including a water park and ice sheet. Near the end of phase I, schematics would be presented Page 5 Council Minutes - 12/8/97 to the public along with alternatives for financing the water park and ice sheet. After obtaining. feedback on alternatives, Council would then consider authorizing phase II design and possibly consider calling for a referendum on water and/or ice. The cost to proceed with phase I was estimated at $160,000. Councilmember Clint Herbst stated that he would like more information on how the facility would be funded and how operations and maintenance would be funded prior to spending $160,000 on blueprints. Mayor Fair noted that hiring the architect is part of the process that will provide answers to those and other questions. Assistant Administrator Jeff O'Neill added that the main goal is to determine how the site would be used, the square footage, the cost to operate, etc. Until that process is complete, it would be hard for the financial consultants to define what operational expenses would be. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF TO APPROVE THE CONTRACT WITH ANKENY KELL ARCHITECTS FOR DESIGN SERVICES FOR THE TRAINING AND COMMUNITY CENTER CORE FACILITY ONLY, WITH THE WATER PARK AND ICE SHEET REMOVED UNTIL ADDITIONAL INFORMATION IS RECEIVED, CONTINGENT ON REVIEW BY THE CITY ATTORNEY. Clint Herbst seconded the motion but noted that he is not in favor of going ahead without answers to his questions. Voting in favor: Brian Stumpf, Clint Herbst. Opposed: Bill Fair, Roger Carlson, Bruce Thielen. Motion failed. Resident Tom Bose asked whether the taxpayers would have an opportunity to say whether or not they want a community center. It was his view that the City may be paying architect fees for a building that the taxpayers don't want. Mayor Fair responded that the core facility is being built in conjunction with the National Guard; however, a referendum on the ice sheet and water park remains a possibility. It was his view that it was worthwhile to look at long-term issues and space needs for the future and that once preparation and study of the facility is complete, a presentation would be made to the public. Cauncilmember Clint Herbst stated that the public should be able to vote on whether they want a community center. Page 6 Council Minutes - 12/8/97 AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO APPROVE THE CONTRACT WITH ANKENY KELL ARCHITECTS AS PRESENTED, CONTINGENT UPON REVIEW BY THE CITY ATTORNEY. Voting in favor: Bruce Thielen, Roger Carlson, Bill Fair. Opposed: Brian Stumpf, Clint Herbst. Motion carried. 7. Puhlic He~n~--Adoption of proposed aeaeRSment mll £or deliQtent ac ntnte receivable hills and rFifi tion of ase aem nt mll t ('o y 011d1L4Z. City Administrator Rick Wolfsteller reported that the proposed assessment roll contains three delinquent accounts, two for blight mowing charges and one for grading plan review of a lot. It was recommended that the delinquent accounts be placed on an assessment roll for certification in 1998 at an interest rate of 8%. Mayor Fair opened the public hearing. There being no comments from the public, Mayor Fair closed the public hearing. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER CARLSON TO ADOPT THE ASSESSMENT ROLL FOR THE DELINQUENT CHARGES AS PRESENTED. Motion carried unanimously. SEE RESOLUTION 97-60. 8. Public Ae~n'ng--Adore .,nn of 1998 b ~dg . red nsid ration of r ~nl Minn setting .h 19t e 9g ~]~w. City Administrator Rick Wolfsteller reported that at the initial public hearing held on December 3, there was general agreement to keep the proposed tax levy at the $3,883,013 amount, which would result in an estimated 26.9%a increase in dollars to be collected in 1998. Approximately 6.3`% of the increase was for non-debt items, while the balance was due to increased debt service requirements because of the wastewater treatment plant expansion. The proposed levy of $3.8 million was $134,000 less than the maximum allowed by the Department of Revenue. Wolfsteller went on to note that the legislature made a major change in tax capacity valuations of commercial, industrial, and residential properties, which resulted in a 14% reduction in tax rates for commercial and industrial properties shifted to residential. However, because the School District received additional state aid, many property owners would see no increase in taxes for 1998. Page 7 Council Minutes _ 12/8/97 Mayor Fair opened the public hearing. There being no public comment, Mayor Fair closed the public hearing. A MOTION WAS MADE BY CLINT HERBST TO REDUCE THE LEVY BY $90,000 TO APPROXIMATELY A 23.5% INCREASE OVER 1997 AND BORROW FROM RESERVES, WHICH WOULD BE PAID BACK WHEN THE CITY BONDED FOR LARGER PROJECTS. It was Herbst's view that by borrowing from reserves, the City would have more homes to help pay the debt later. In addition, Herbst suggested that the EDA repay a portion of their funds at this time. Motion died for lack of a second. Mayor Fair noted that the City would be paying interest on bonds, and current reserves may need to be used for projects that come up during the year. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO ADOPT A RESOLUTION SETTING THE TAX LEVY REQUIREMENTS FOR 1998 AT $3,883,013. Voting in favor: Bruce Thielen, Roger Carlson, Bill Fair, Brian Stumpf. Opposed: Clint Herbst. Motion carried. SEE RESOLUTION 97-61. 9A. Consideratian..af..adapting a ioint City/Townshin, re,5,g],l,il~a~~n_~S&IZlIlg~ Assistant Administrator Jeff O'Neill reported that Bill Hoffman, owner of the Monte Club, submitted petitions For annexation of the Monte Club and extension of sanitary sewer and possibly water service to the facility. The requests stem from problems with the sanitary sewer system serving the site. The total cast of connection to city systems was estimated at $68,75Q, with $6,250 for trunk sanitary sewer service, $46,500 for the sewer access fee, and approximately $16,000 for the cost to extend the line from its current position to the Monte Club site. O'Neill also noted that Mr. Hallman requested that 1997 rates be used and the fatal amount be assessed for ten years. A MOTION WAS MADE BY BRUCE THTELEN AND SECONDED BY BRIAN STUMPF TO ADOPT A RESOLUTION REQUESTING ANNEXATION OF THE MONTE CLUB, ADOPT A RESOLUTTON ACCEPTING PETITION FOR PUBLIC IMPROVEMENTS AND AUTHORTZTNG FEASIBILITY/DESIGN, ESTABLISH THE CONNECTTON FEE AT THE 1997 RATES, AND ALLOW THE OWNER TO PLACE THE ENTIRE COST OF THE CONNECTION ON HIS TAXES AS A SPECxAL ASSESSMENT. Motion is contingent on the owner paying the estimated cost to prepare plans and specifications and conduct the bidding process. The 1997 fee structure is contingent on project completion in 199$. Motion carried unanimously. SEE RESOLUTIONS 97-62 and 97-63. Page 8 Council Minutes - 12/8/97 9. Public Hea~jng=-Consideration of vacat~ng,,,~,,,p~rtion of Hart Boulevard. Assistant Administrator Jeff O'Neill requested that the Council continue this item until the Monticello-Big Lake Hospital District PUD discussion under item #13. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO CONTINUE DISCUSSION OF VACATING A PORTION OF HART BOULEVARD TO ITEM 13A. Motion carried unanimously. 10. ~3]~11g• Assistant Administrator Jeff O'Neill reported that Bob Danner requested a zoning ordinance amendment to allow a trucking use and service garage in a B-3 zone and a conditional use permit which would allow re-establishment and expansion of the Danner Trucking operation. The damage from the July 1 storm to Danner Trucking, which is a nonconforming use, exceeded 50% of the value of the facility; therefore, according to ordinance, it cannot be rebuilt or expanded without an amendment to the B-3 regulations. It was also pointed out that if the ordinance was amended to allow Danner Trucking to operate in a B-3 zone, this type of use would also be allowed by conditional use permit in all B-3 zones within the city. At its last meeting, the Planning Commission recommended approval of the ordinance amendment to allow a trucking use and service garage in a B-3 zone, which would allow Danner Trucking to apply for a conditional use permit to continue occupancy of the property located at Dundas Road, Cedar Street, and Highway 25. It was their view that although Danner Trucking is not commercial in nature, on a limited scale the use could be compatible with other B-3 uses. However, because Danner did not yet have control over the land area necessary to support the proposed site plan, the Planning Commission tabled his conditional use request to operate in the B-3 zone. Another item discussed by the Planning Commission but not resolved was the method of limiting the size of the use to avoid alarge-scale truck repair facility occupying what would otherwise be prime retaiUcommercial land. The proposed ordinance amendment included restriction of the amount of area and location which could be devoted to storage of commercial trucks. In the City Planner's report, it was noted that an interim use permit could also be considered for Danner Trucking rather than a conditional use. Because Danner had previously suggested that he would develop the site for future conversion to a B-3 use, an interim use permit could accommodate banner's business with less possibility of other B-3 areas being used for Page 9 Council Minutes - 12/S/97 heavy truck repair. Assistant Administrator O'Neill noted that although an interim use permit is not typically used in cases where a significant investment is made in the property, it isn't a requirement; however, the request would have to return to the Planning Commission for a public hearing on an ordinance amendment establishing an interim use in the B-3 zone. City Planner Steve Grittman added that if an interim use permit is established in the B-3 zone, anyone in a B-3 zone could apply for one; however, the City would have more control with an interim use permit than with a conditional use permit. The Assistant Administrator asked Bob banner's attorney, Jim Fleming, if a 30-day delay for the interim use permit process would create a hardship. Mr. Fleming replied that under the circumstances, it was his view that an interim use permit would be acceptable to Mr. Danner and that he would probably be willing to accept the 30-day delay. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO APPROVE THE ORDINANCE AMENDMENT TO ALLOW TRUCK REPAIR BY CONDITIONAL USE PERMIT IN THE B-3 ZONE. Motion was based on the finding that the amendment would be consistent with the City's goals in the Highway 25 corridor and would be consistent with the intent of the B- 3 district. Voting in favor: Brian Stumpf, Clint Herbst. Opposed: Bill Fair, Roger Carlson, Bruce Thielen. Motion failed. Mayor Fair requested that the application fees be waived far Mr. Danner if the Council returned the item to the Planning Commission for a public hearing on an interim use permit. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO CALL FOR A PUBLIC HEARING BY THE PLANNING COMMISSION TO CONSIDER AN ORDINANCE AMENDMENT ESTABLISHING INTERIM USE PERMIT IN A B-3 ZONE AND TO WAIVE THE APPLICATION FEES FOR MR. DANNER. Motion carried unanimously. Mr. Jim Fleming noted that his client was willing to work with the City; however, if the item is delayed for another month and the interim use permit is rejected, his client would be forced into Court. Mayor Fair responded that he understood Mr. banner's position and that the Council was trying to accommodate Mr. Danner without creating conflicts in all B-3 districts. 11. Consideration of salarv,~,chedule adjustments for 19~$_ A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO APPROVE A 3°Io COST OF LIVING ADJUSTMENT FOR THE NON- UNION PAY SCHEDULE. Motion carried unanimously. Page 10 Council Minutes - 12/8/97 12. annexation issues. This item was moved to the end of the agenda as item 15A. 13. Consideration of roncep P D allow h phased ean~ eion of the LRea on the hoanit~l camnta. Am~li an . Monticello-Big T akr Hospjtal District. City Planner Steve Grittman reported that the Monticello-Big Lake Hospital District proposed a planned unit development to allow for expansion of emergency services, outpatient hospital services, the adjacent clinic, and the Mississippi Shares senior housing facility. Project Overview. The project was proposed to be phased in over a number of years, ultimately resulting in an expanded off-site parking supply of approximately 767 spaces contained in a three-level parking structure to the west and a new parking area in the proposed vacated Hart Boulevard right- af way. Access to the site was designed to be from County Road 75 at a primary divided entrance/exit directly in front of the hospital main entrance. Secondary access was proposed below the hill on River Street. Emergency vehicle traffic and storage would be relocated east of the primary entrance, and a helipad site was proposed adjacent to the main entrance. Currently, helicopter landings/takeoffs occur at the airport and patients are transported between the helipad and hospital by ambulance. Project Issues. Qne of the primary issues raised by the proposal was access for the hospital and nearby properties. City staff noted concern that at least two access points to the facilities be retained to accommodate emergency needs of the facility as well as the significant levels of traffic generated by the project. ~.,~~,~~~~vard. The proposed vacation of Hart Boulevard for additional parking raised an issue for the City's trucks hauling sludge from the wastewater treatment plant (WWTP), which would have turned west onto Hart Boulevard and then connected to County Road 75 via the previously- planned intersection in front of the clinic building. With access to County Road 75 cut off as proposed, the sludge trucks would need to find a new route. Planning Commission recommended that either Hart Boulevard remain open or that it be extended eastward with the Hospital District participating in the cost; however, the Hospital requested that other alternatives be investigated. Page 11 Council Minutes - 12/8/97 River Street Acc~~ The proposal would retain access to River Street from the nursing home and from the lower level of the parking ramp, which would shift a percentage of the hospital traffic from Hart Boulevard/County Road 75 to River Street. This raised concerns of increasing traffic to a level inappropriate for residential areas. In addition, it was proposed that a driveway connect the County Road 75 primary access to the River Street secondary access, which would also provide exterior access to each of the three decks of the parking ramp. Planning Commission recommended that the nursing home access to River Street be maintained but that the parking ramp be redesigned to provide for top-level access only and weather-protected ramping. The Hospital indicated that it wished to retain the driveway connection down the hill but could redesign the ramp. r~]lrit;y Road 75 Access. Access to County Road 75 from the main hospital entrance would require coordination with the School District due to the proposed channelizatian of the county road. New medians would close left turn access to other driveway points between Washington Street and the new intersection at the hospital entrance. The Hospital District also requested consideration of a signal at the new hospitaUschool driveway intersection, which would require a traffic study before the County could consider the request. Planning Commission recommended that the plan provide for right-out egress onto County Road 75 near the ramp's upper level driveway at the west edge of the project. Helipad Location. Also of concern at the County Road 75 access was the proposed helipad adjacent to the main driveway, which could cause significant congestion. Planning Commission recommended that the Hospital provide for an alternative helipad location, possibly on the river side of the complex. Setback F+.ncroachment. The parking ramp was proposed to encroach into both the buffer yard setback on the west and the River Street right-af--way setback on the north. Planning Commission denied the variance request and recommended that the west building line of the parking ramp be relocated to meet the 30-ft buffer yard requirement. They also recommended that the River Street right-of way be vacated to avoid the setback encroachments, contingent upon retention of City easements as necessary. Page 12 Council Minutes - 12/8/97 Fxa,ating TtilitiPC Planning Commission recommended that the Hospital provide plans acceptable to the City for relocation of the utilities on the west side of the main hospital expansion and that design detail be provided to the City Engineer and public works staff illustrating the protection of the city storm sewer near the clinic expansion. At the conclusion of the City Planner's presentation, City Engineer Bret Weiss noted that there would need to be coordinated meetings with the City, School District, and Hospital District to discuss payment for the realigned County Road 75 access. Public Works Director John Simola added that another item to address was who would pay to replace parking lot islands or the helipad if the City should need to make repairs to the existing utilities under Hart Boulevard, or perhaps the utilities should be relocated to the County Road 75 right-of--way. Owners of the dental clinic adjacent to the hospital stated that the dental clinic property is privately owned but has been included in the Hospital's PUD. They questioned how patients would access the clinic if Hart Boulevard was vacated and what restrictions would be placed on their property if the PUD was approved. The City Planner explained that the proposed PUD affects only property owned by the Hospital. If the Hospital was unable to negotiate the purchase of parcels included in the PUD, they would have to change their plans. Barb Schwientek, Hospital Administrator, noted that five years ago the County required that separate egresses be established, one for the hospital and one for the school, which resulted in a stub road being built from Hart Boulevard to County Road 75; however, the County now requires the access to the school and hospital to be across from each other with a median for better control. She stated that the Hospital was working with the School and that a trafl"ic study was currently being conducted on County Road 75 to see if signal lights would be warranted between the Schaal and hospital. Once the study is complete, the Hospital plans to meet with the City and also involve the County. Schwientek also suggested that the Hospital be included when the City Engineer and public works staff discuss alternatives for the access to County Road 75. Mr. Tim Sessions, architect for the Hospital District, added that they would like to maintain the green space along the river and that MN/DOT agreed with the proposed location of the helipad at the front of the site. He also stated that the School District was in favor of and the County Highway Department has granted approval for the new entrance location. Page 13 Council Minutes - 12/8/97 AFTER DISCUSSION, A MOTION WAS MADE BY BILL FAIR AND SECONDED BY ROGER CARLSON TO APPROVE THE CONCEPT OF THE MONTICELLO-BIG LAKE HOSPITAL DISTRICT PUD CONTINGENT ON RESOLUTION OF ISSUES RAISED BY CITY STAFF AND PROPERTY OWNERS AFFECTED BY THE PUD CONCEPT, AND CONTINGENT ON RESOLUTION OF THE FOLLOWING CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION: 1. THE PLAN IS REVISED TO: (1) PRESERVE THE PROPOSED CITY STREET ACCESS FROM HART BOULEVARD TO COUNTY ROAD 75 NEAR THE CLINIC ENTRANCE, OR (2) PROVIDE FOR EGRESS FROM THE WWTP (EAST ON THE FRONTAGE ROAD TO AN INTERSECTION WITH CSAH 75 AND FUTURE 7TH STREET), OR (3) OTHER ALTERNATIVES CURRENTLY BEING STUDIED BY THE CITY ENGINEERING AND PUBLIC WORKS STAFF. 2. MAINTAIN THE EXISTING NURSING HOME ACCESS TO RIVER STREET BUT REDESIGN THE PARKING STRUCTURE TO PROVIDE FOR TOP- LEVEL ACCESS ONLY AND WEATHER-PROTECTED RAMPING. 3. PROVIDE FOR RIGHT-OUT EGRESS ONTO CSAH 75 NEAR THE RAMP'S UPPER LEVEL DRIVEWAY AT THE WEST EDGE OF THE PROJECT. 4. RELOCATE THE WEST BUILDING LINE OF THE STRUCTURE TO MEET THE 30-FT BUFFER YARD. 5. PROVIDE FOR A HELIPAD LOCATION ACCEPTABLE TO THE CITY, COUNTY, AND MN/DOT. 6. PROVIDE PLANS ACCEPTABLE TO THE CITY FOR THE RELOCATION OF THE UTILITIES ON THE WEST SIDE OF THE MAIN HOSPITAL EXPANSION. 7. PROVIDE DESIGN DETAIL TO CITY ENGINEERING AND PUBLIC WORKS STAFF ILLUSTRATING THE PROTECTION OF THE CITY'S STORM SEWER NEAR THE CLINIC EXPANSION. 8. VACATE THE RIVER STREET RIGHT-OF-WAY OR OBTAIN A VARIANCE TO ALLOW SETBACK ENCROACHMENT OF BOTH CURRENT AND PROPOSED IMPROVEMENTS, CONTINGENT UPON RETENTION OF CITY EASEMENTS AS NECESSARY. Public Works Director Jahn Simola requested that the Council remove consideration of vacating River Street from the concept plan because it was added as a modification to the PUD and needed additional study due to the Page 14 Council Minutes - 12/$/97 major sanitary sewer trunk line located in the right-af--way. Mayar Fair noted that the motion far approving the concept plan was contingent an all issues being resolved, which would include the question of whether River Street should be vacated. City Administrator Rick Wolfsteller reported that the City was under the assumption that the Hospital had options or ownership of the parcels included in the PUD and that PUDs are not usually approved when the property is not owned by the applicant. City Planner Steve Grittman concurred and noted that development could only occur after the Hospital is in control of the parcels. Motion carried unanimously. 13A. - Mayor Bill Fair opened the public hearing. Assistant Administrator Jeff O'Neill requested that, because there were issues yet to be resolved regarding vacation of Hart Boulevard, Council table the public hearing until alternatives for access to the wastewater treatment plant were resolved and a price was negotiated for the transfer of land. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRUCE THIELEN TO CONTINUE THE PUBLIC HEARING REGARDING VACATION OF A PORTION OF HART BOULEVARD UNTIL ACCESS ISSUES WERE RESOLVED. Motion carried unanimously. 14. 1nwPr. ~Pn~y residential_district. Anplicant,~,y of Monticello. Assistant Administrator Jeff O'Neill reported that the Planning Commission work plan calls For reviewing the HIucas property zoning designation. After discovering that the Edgar HIucas property was being marketed far sale, staff wanted to make sure the zoning was proper for the area. Under R-3 zoning, the site had the potential of containing 300 housing units. There was strong agreement by the Planning Commission that R-3 development was disfavored by the comprehensive plan, particularly the amendments made as apart of the MCP's Downtown Revitalization Plan. The Plan recommended a concentration of higher density residential uses in the downtown area to facilitate a greater market for downtown business. Multiple family uses such as the HIucas site on the fringe of the city's developing area would not be consistent with those objectives. Page 15 Council Minutes - 12/8/97 Originally staff had recommended light industrial zoning based on a concern over proximity to the freeway; however, the Planning Commission did not believe an industrial district would be appropriate in this location; and as a result, they voted to recommend rezoning of the property from R-3 to R-2, medium density residential, which would allow a density of 8 units/acre or approximately 130 units. Ms. Debbie Tibbets, owner of property adjacent to HIucas, presented a petition to the Council requesting that the Klucas property be zoned R-2. She also noted that many people in the area did not receive notice of the rezoning, which is why few were present at the public hearing. Mr. Tom Moores, administrator far the HIucas property, noted that the public hearing notice stated that the property was being considered for light industrial zoning; however, at the Planning Commission meeting, the I-lA zone was discussed. He questioned what the I-lA zone was, as it was not currently a part of the zoning ordinance. City Planner Steve Grittman explained that the BC district had been renamed to I-1A and that it was essentially the same as I-1 although there were stipulations on building materials. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER CARLSON TO REZONE THE KLUCAS PROPERTY FROM R-3 TO R-2. Motion was based on the finding that R-2 zoning provides a more compatible transition between neighborhoods and is consistent with the comprehensive plan. Motion carried unanimously. SEE ORDINANCE AMENDMENT NO. 302. 15. Consideration of annrnval of channg order #9 fnr PrgjeM_. 93-14C Wastewatn_r Facili y Egp~ygion. Public Works Director John Simola reported that change order #9 far the wastewater treatment plant expansion involved modifications to the contract language for Adolfson & Peterson to change the first phase completion date from January 1, 1998, to February 1, 1998, due to the holiday season, the scheduling of startup and training, and the coordination and late delivery of equipment. The items required to be completed with the first phase are SBR tank #3; new standby generator, motor control center, and switchgear; operation of the old equalization tank as awaste-activated sludge storage tank; and completion of the administration building. Under the current contract language, if phase I wasn't completed until February 1, the contractor would owe the City $15,000 in liquidated damages. Page 16 Council Minutes -1.2/8/97 Simola explained that the City must begin chlorinating and dechlarinating by March 1; however, the contract documents were ambiguous in this regard. As a trade-off For allowing a delay, staff suggested that A & P be required to camplete the chlorination/dechlarination system by March 15. Since the existing chlorination tank is so small, the operation of the discharge from the SBR tanks would have to be temporarily modified from 5,000 gpm to 500-$00 gpm far 6 weeks until the new system was camplete. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO GRANT CHANGE ORDER #9 BY ALLOWING ADOLFSON & PETERSON A 31-DAY EXTENSION FOR COMPLETION OF THE FIRST TWO SBR TANKS, AND A 15-DAY EXTENSION FOR COMPLETION OF THE ADMINISTRATION BUILDING, CONTINGENT UPON THEIR COMPLETION OF THE CHLORINATION/DECHLORINATION SYSTEM BY MARCH 15, 1998. Motion carried unanimously. 15A. annexation issues. City Administrator Rick Wolfsteller reported that Monticello Township officials requested that a meeting be set up between the City and the Township to discuss the annexation proposals. At the previous Council meeting, it was suggested that a meeting be scheduled after the Township outlined which areas of the City's proposal they were concerned about and wanted to discuss further. Wolfsteller noted that he did receive a letter from the Township Clerk that requested a meeting be established between the City and the Township to discuss the original agreement proposed by the City/Township committee but did not provide any additional background as to what, if any of the City's counter-proposal, was unacceptable. The City Administrator suggested that as an alternative to a joint meeting, the Council could still consider authorizing the planner and/or attorney for both sides to meet and come up with proposals that could be brought back to both bodies far consideration. Councilmember Bruce Thielen noted his concern that Township officials have agreed to write down their concerns and stated that their attorney would respond in writing to the City's proposal; however, neither of those documents have been received by the City. He agreed that, at this point, it maybe best to have the City Attorney, City Planner, and the City Administrator meet with the Township Attorney. Councilmember Clint Herbst suggested that the City schedule a meeting with the Township. It was his view that the Council should not have the attorneys making decisions far the Council. Page 17 Council Minutes - 12/8/97 AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO AUTHORIZE THE CITY ATTORNEY, CITY PLANNER, AND CITY ADMINISTRATOR TO MEET WITH THE TOWNSHIP, WITH A SPECIFIC AGENDA ESTABLISHED, TO DISCUSS SPECIFIC CONCERNS PRIOR TO SCHEDULING A JOINT MEETING. Voting in favor: Bruce Thielen, Roger Carlson, Bill Fair. Opposed: Clint Herbst, Brian Stumpf. Motion carried. 16. Consideration of bills for the first half of December. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO APPROVE THE BILLS FOR THE FIRST HALF OF DECEMBER AS PRESENTED. Motion carried unanimously. 17. C?.t~h~Pr m~t~lers. A. Public Works Director John Simola reported that Tim Guimont resigned from his position of operator/mechanic and requested Council authorization to post the position with the union and select a replacement from the 120 applications just received for the parks worker position. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO AUTHORIZE THE PUBLIC WORKS DIRECTOR TO SELECT AN ADDITIONAL PERSON FROM THE PARKS WORKER APPLICATIONS TO REPLACE TIM GUIMONT. Motion carried unanimously. B. A special Council meeting was scheduled for Monday, December 22, at 7 p.m., to consider hiring two public works employees. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO ADJOURN THE MEETING. Motion carried unanimously. Kar Doty , Office Manager Page 18