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City Council Minutes 08-25-2003MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, August 25, 2003 - 7 p. m. Members Present: Roger Carlson, Glen Posusta, Robbie Smith, Brian Stumpf and Bruce Thielen. Members Absent: None 1. Call to Order and Pledge of Allegiance Mayor Thielen called the meeting to order at 7 p.m. and declared a quo:-,im present. The Pledge of Allegiance was said. 2A. Approve minutes of August 11, 2003 regular Council meeting. ROGER CARLSON MOVED TO APPROVE THE MINUTES OF THE AUGUST 1 1, 2003 REGULAR COUNCIL MEETING. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. B. Approve minutes of August 11, 2003 special Council meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE AUGUST 1 1, 2003 SPECIAL COUNCIL MEETING. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to theagenda. BRIAN STUMPF MOVED THAT CHANGE ORDER NO. 1 IN THE AMOUNT OF $52,909.67 FOR THE CORE STREET RECONSTRUCTION PROJECT BE ADDED TO THE CONSENT AGENDA. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Mayor Thielen added updates on weeds, Prairie Road/River Street intersection and Core Street Reconstruction Project to the agenda. 4. Citizen comments/petitions, requests and complaints. Mayor Thielen explained the purpose of the citizen comments portion of the meeting. Mr. Lou Hiniker of 10154 Hall Avenue NE spoke to the Council concerning County Ditch 433. He believes the ditch is over its capacity and he is opposed to the City's plan for the Sunset Ponds and other developments which he feels will contribute more flows to County Ditch #33. He pointed out that County Ditch #33 is an agricultural ditch that has no connection to the river but ends at 101" Street. City Engineer, Bret Weiss responded that the Council Minutes - 8/25/03 City with the developments such as Carlisle Village and Sunset Ponds is actually taking acreage out of the overall area that drains to County Ditch #33. Over 100 acres have been removed from the drainage area of County Ditch #33. Glen Posusta asked if one of the concerns of the County Commissioners was that with the acreage being removed from County Ditch #33 there is a possibility of losing wetland area. Bret Weiss stated that there is a misconception that the City is adding runoff to County Ditch #33 but that is not the case. He did add that if property to the east develops, there would have to be an outlet constructed to the river. 5. Consent Agenda: A. Consideration to adopt a resolution amending the job and wage goals within the Contract for Private Development by and between the TCDC, the HRA, and the City. Recommendation: Adopt a resolution amending the job and wage goals within the Contract for Private Development by and between TCDC, the HRA and the City. B. Consideration of Change Order No. 1 for Core Area Street Reconstruction Project No. 2002-14C. Recommendation: Approve Change Order 41 in the amount of $52,909.67 to Buffalo Bituminous, Inc. for the Core Area Street Reconstruction Project No. 2002-14C. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE ADDITION OF CHANGE ORDER NO. 1 TO THE CORE STREET RECONSTRUCTION PROJECT. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. None. 7. Statement summarizing closed meetingof f August 11, 2003. Mayor Thielen stated that the City Council met in a closed session on August 11, 2003 to discuss litigation relating to problems with the wastewater treatment plant expansion 8. Consideration of concept stage planned unit development for townhome development and consideration of a request for rezoning from A -O to R-1, R-2 and R -2A for residential development. Applicants: Bison Development Co. and Sylvia Development L.P. Steve Grittman, City Planner, explained that this item had been tabled at the regular August Planning Commission meeting and had been considered at a special meeting of the Planning Commission held prior to the Council meeting on August 25, 2003. 0 Council Minutes - 8/25/03 The proposed 282 unit development consisting of single family homes, detached townhomes and attached townhomes is located north of 85"' Street and east of Edmonson Avenue. The Planning Commission's concern was the density of the development. The guidelines for R-1 density are a maximum of three units per acre. In addition the Planning Commission felt the ratio of single family homes to townhomes should be at 2:1. Steve Grittman noted the applicant was proposing to exceed the 2:1 ratio. The applicant suggested that the detached townhomes could be considered as detached single family units instead of townhomes and then the developer could make the 2:1 ratio. The applicant submitted a revised drawing which eliminated the detached townhomes and made lot line revisions. As a result of these revisions the applicant retained 282 lots and the Planning Staff felt the revised proposal met the City's ratio and density requirements. Steve Grittman also pointed out the location of the proposed park which lies in the southeast portion of the development and noted that the staff has not done a full review of the proposal. Jeff O'Neill added that Planning Commission did not feel the detached townhomes would achieve what the City wanted in the development nor did they feel that 1000 sq. ft. would yield higher value homes. The Planning Commission was firm in wanting to maintain the R-1 land use pattern. Robbie Smith asked about the R -2A designation and placing bigger houses on smaller lots. Steve Grittman stated it was not necessarily the size of the house but that it was supported with more amenities such as landscaping and architectural treatment. BRIAN STUMPF MOVE TO RECOMMEND APPROVAL OF THE REZONING FROM A -O TO R- l , R-2 AND R -2A WITH THE DEVELOPER MAINTAINING A 2:1 RATIO OF SINGLE FAMILY HOMES TO TOWNHOMES AND BASED ON THE FINDINGS THAT THE REQUESTED HOUSING MIX AND DENSITIES ARE SUPPORTED BY THE COMPREHENSIVE LAND USE PLAN. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ROBBIE SMITH MOVED TO APPROVE CONCEPT STAGE PUD APPROVAL FOR THE TOWNHOME AREAS BASED ON FINDINGS THAT THE PLANS ARE CONSISTENT WITH THE CITY'S ZONING REGULATIONS AND CONDITIONED ON COMPLIANCE WITH STAFF REPORTS FROM PLANNING AND ENGINEERING. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Robbie Smith asked at what point does the City ask the developer to build in amenities. Jeff O'Neill responded that the developments have been in the area of the power line where the land is flat and there is no natural amenity. As development moves out of this core area, the amenities can be put in. 9. Consideration of accepting feasibility report - School Boulevard Overlay. City Engineer, Bret Weiss reviewed the feasibility report for the overlay work. He noted that Council Minutes - 8/25/03 School Boulevard between Fenning and Fallon Avenue is showing signs of cracking and other pavement stress. In order to prevent the condition of the road from deteriorating further, the feasibility report proposed improvements including 2" edge milling a distance of 6' along the curb lines and placing a 2" overlay on the street. It was felt the overlay would extend the life of the street by 10-15 years. The cost for the work is estimated at $170,500. The City's policy is that 50% of overlay costs is assessed. In this particular case since the homes in the Cardinal Hills and Klein Farm developments have their back yards facing School Boulevard they would not be assessed for the overlay. The property abutting School Boulevard on the north side belongs to the School District and it is proposed to assess them for their frontage which is approximately 1,910 feet. Of the $170,500 of estimated cost only 25% would be assessed. Bret Weiss indicated that there may be some state aid funds that could be available for use on this project. Rick Wolfsteller noted that if the City was proposing to assess a portion of the cost, the state statute requires that a public hearing be held by the City. Bret Weiss stated that adding the public hearing requirement could possibly delay this project so that it could not be completed this year and suggested that the Public Works Director negotiate the assessment with the School District. If an agreement could not be reached with the school, the project could be delayed until next year. Glen Posusta questioned what triggered this project since he did not feel that School Boulevard was in bad shape. He felt there were many streets in worse condition that were not being considered. Bret Weiss responded that the money for streets is best spent doing preventive maintenance than full reconstruction. BRIAN STUMPF MOVED TO ADOPT A RESOLUTION ORDERING AND ACCEPTING THE FEASIBILITY REPORT FOR SCHOOL BOULEVARD, AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO NEGOTIATE WITH THE SCHOOL DISTRICT ON THE ASSESSMENT FOR THIS PROJECT. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION. 10. Consideration of payment of bills for August. GLEN POSUSTA MOVED TO APPROVE PAYMENT OF THE BILLS FOR AUGUST. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Items: Weeds - Mayor Thielen noted a weed problem at West Side Market and directed staff to look into this. Prairie Road/River Street Intersection - City Engineer, Bret Weiss updated the Council on the progress of the work at this intersection. The work is proposed to be completed within the next week or two. 11 Council Minutes - 8/25/03 Core Street Project - Bret Weiss reported that the paving is proposed to start on Tuesday on 4"' Street. Tom Bose, Construction Inspector for the City indicated that there is probably another week of utility work that remains. Bret Weiss indicated that the utility work was a little more than anticipated because of additional work required by redevelopment that was taking place in the area and there was some water problems that were encountered. Bret Weiss indicated in some of those areas with the water problem, the City may not allow the contractor to place the second lift of blacktop this year. Bret Weiss added that the contractor has been watering on a regular basis to keep the dust problems to a minimum. Elm Street Paving Estimate - A cost estimate was submitted for paving Elm Street from 7t'' Street to the RV Center. It is proposed to pave a 24' wide surface with.?_" of blacktop at an estimated cost of $9,630. Bret Weiss stated this is basically a driveway section and there is no other proposed improvement to the street such as curb and gutter. The RV Center and the Genung residence would be the abutting property owners affected by this improvement. It was uncertain whether Mr. Genung had been contacted yet regarding the paving estimate. Bruce Medlock from the RV Center was present at the meeting and stated he felt the estimate was reasonable and that paving the road would reduce the maintenance work for the City on that section of street. Rick Wolfsteller stated that without assessment agreements from the property owners, the City would need a public hearing. Brian Stumpf suggested that staff contact the affected property owners regarding their willingness to share in the cost. Bret Weiss noted that if the work proceeds, it will be done as a change order to the Core Street Project. 11. Adjourn BRIAN STUMPF MOVED TO ADJOURN AT 8 P.M. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5 Recording Secretary 5