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City Council Minutes 03-10-2003MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL March 10, 2003 - 7 p.m. Members Present: Glen Posusta, Robbie Smith, Brian Stumpf and Bruce Thielen. Members Absent: Roger Carlson 1. Call to Order and Pledge of Allegiance. Mayor Thielen called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. The Rooftop Singers gave a musical presentation to the Council and an invitation to attend their production of Fiddler on the Roof at the Monticello High School. 2. Approve minutes of February 24, 2003 regular Council meeting. ROBBIE SMITH MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 24, 2003 REGULAR COUNCIL MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA ABSTAINING. 3. Consideration of adding items to the agenda. BRIAN STUMPF MOVED TO ADD ANNEXATION OF WRIGHT COUNTY RIGHT-OF- WAY PARCEL TO THE AGENDA AS ITEM #5K. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Mayor Thielen honored Rich Cline, City of Monticello Sewer and Water Operator since 1978, who is leaving the City of Monticello after 24 years of service. 4. Citizen comments/petitions, requests and complaints. Mayor Thielen explained the purpose of the citizen comment portion of the meeting. There were no citizen comments. 5. Consent Agenda A. Consideration of resolution authorizing the issuance of a one day charitable gambling license for Ducks Unlimited at the Monticello Roller Rink Recommendation: Adopt Resolution No. 2003-13 authorizing approval of a one day charitable gambling license for Ducks Unlimited. B. Consideration of a request for a conditional use permit allowing a shopping center and joint parking in the B-3 District. Applicant: Michael Krutzig. Recommendation: Move to Council Minutes - 3/10/03 approve the conditional use permit allowing a multi -tenant shopping center with joint parking, based on the finding that the proposal is consistent with the intent of the comprehensive plan and subject to the following conditions: 1. The access to Lot 1, Block 1 is to be shifted to the south splitting the lot line separating Lot 1 and Lot 2. 2. A signed cross easement and access agreement is to be submitted to City staff. 3. The site plan is to be revised to show an additional landscaped parking delineator covering (4) parking stalls located between the currently proposed delineators. 4. The landscape plan is to be revised showing an additional (7) overstory trees. 5. The landscape plan is to be revised to show additional internal landscaping around the building and within the parking delineators. 6. The applicant is to submit a signage plan displaying the location, dimension, and design of any proposed monument or wall signage. A separate conditional use permit will be need to be processed unless made available for review with this application. 7. Language in reference to the use of temporary signage within the multi -tenant shopping center is to be clearly defined within the development agreement and identified in site covenants. 8. Trees at the southwest corner of the intersection of Highway 25 and School Boulevard are not to encroach within the 25 foot clear view triangle area. 9. The site plan is to be revised to show the location of the trash enclosure 10. All grading, drainage, utilities, and easement issues are subject to review and approval of the City Engineer. 11. The applicant shall enter into a development contract and pay all required fees or securities required by it, subject to review and approval of the City Attorney. This is typically completed at time of final plat or prior to issuance of the building permit. 12. Comments of other City staff. C. Consideration of a request for concept stage planned unit development approval allowing 8 single family units in a proposed R -2A District. Applicant: Tom Holthaus. Recommendation: Approve the concept plan for the Holthaus Planned Unit Development based on a finding that the project is consistent with the goals of the City's comprehensive plan and subject to the following: Provision of detailed landscape plan for entire site. Plan should show extensive landscaping on the Otter Creek side of the development. Provide building finish color and roof line detail for every structure. Revise site plan showing setbacks as identified in this report and show revisions to drive allowing garbage truck turnaround area. D. Consideration of a request for a concept stage planned unit development approval for a mixed use development including residential, commercial and industrial uses. Applicant: Gold Nugget Development, Inc. Recommendation: Approve the concept plan for the Gold Nugget Planned Unit Development based on a finding that the project is consistent with the City's future land use plan and subject to the comments noted below: 1. Adjust site and lot design as noted in the staff report. 2. Develop a landscaped berm as a buffer between the residential and industrial area. 3. Address traffic circulation issue. 2 Council Minutes - 3/10/03 Reduce the number of townhomes relative to the detached single family making single family detached housing the predominant land use. Review and approval by the Parks Commission. E. Consideration of granting preliminary plat and concept/development stage PUD approval for the Hillside Farms residential subdivision. Recommendation: 1) Approve the preliminary plat of Hillside Farms allowing an R-1 style subdivision in an area generally designated for R-1 A residential development; 2) approve concept and development stage PUD approval allowing development of a subdivision meeting R-1 standards in an area guided for R-1 A development in exchange for development of homes that meet R-1 A standards. This approval is based on the finding that development of R-1 A homes at this location is consistent with the comprehensive plan for the City. F. Consideration of Change Order No. 2, Front Street Improvement Project No. 2001-06C. Recommendation: Approve Change Order No. 2 on the Front Street Improvement Project No. 2001-06C increasing the contract amount by $875.00 G. Consideration of a revised preliminary plat, concept stage PUD approval and development stage PUD approval. Applicant: Maplewood Residential development. Recommendation: 1) Approve the preliminary plat of the Spirit Hills residential subdivision; 2) Approve concept and development stage PUD approval of the Spirit Hills residential subdivision contingent on final approval of the plans by the City Planner and the City Engineer. H. Consideration of a request for a special home occupation permit allowing photographic studio in a residential district. Applicant: Wayne and Patricia Mayer. Recommendation: Approve the special home occupation request based on the finding that the method of operation proposed is consistent with standards identified in the City Code. K. Consideration of a joint resolution for annexation of Wright County right-of-way. Recommendation: Approve Resolution #2003-14, a joint resolution to annex Wright County right-of-way located in Section 13, Township 121 North, Range 25 West. Glen Posusta asked that item 5D be removed from the consent agenda and Robbie Stith requested that item 5G be removed from the consent agenda. ROBBIE SMITH MOVED TO APPROVE THE CONSENT AGENDA WITH ITEM 5K ADDED TO THE CONSENT AGENDA AND ITEMS 5D AND 5G BEING REMOVED FROM THE CONSENT AGENDA. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Council Minutes - 3/10/03 6. Consideration of items removed from the consent agenda for discussion. Item #51) - Gold Nugget: Glen Posusta stated that with the Maplewood development there were issues such as dead end streets and he noted that same issue with the Gold Nugget plan. Jeff O'Neill indicated that the developer has been made aware of this concern. The Council approval now is just of the concept stage. When the item comes back for development stage approval the issue of dead end streets should be resolved. The developer has indicated to staff his willingness to resolve the issue. Brian Stumpf stated that since the developer is aware of the concern and it will be rectified at the development stage approval, he did not see any reason to withhold concept stage approval. Glen Posusta stated that the proposed development abuts commercial property and added that the Planning Commission had discussed berming to separate the two uses. He felt this could be a potential problem since the residential development would take place before the commercial development is in. Although the distances between the residential area and the actively used commercial area is greater than in similar situations, he still felt this would be a problem. He also asked about the landscaping requirements and whether the City could request a faster growing species be planted or if they could require greater density of plantings. Jeff O'Neill explained the buffer yard requirements and indicated that the Planning Commission had recommended denser plantings as a way to create the separation between the two uses. Bruce Thielen stated that the Council was approving a planned unit development and this gives the City more control over what goes in than with a normal subdivision. Bruce Thielen stated he did have some concerns about the density of the townhouse units. BRIAN STUMPF MOVED TO APPROVE THE CONCEPT PLAN FOR THE GOLD NUGGET PLANNED UNIT DEVELOPMENT BASED ON THE FINDING THAT THE PROJECT IS CONSISTENT WITH THE CITY'S FUTURE LAND USE PLAN AND WITH THE CONDITIONS NOTED. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Item #5G - Maplewood Residential Development - Jeff O'Neill reported that after the last Council meeting the developer made some changes to the plat and grading plan. The developer is using a more standard design townhome which reduces the amount of retaining wall area and there was also a slight reduction in the number of units. There were also changes to the private street system that allowed for garbage collection to be done in a more efficient manner as well as provide better access for emergency vehicles. Staff felt the developer responded well with the new plan and staff recommended approval of the plan. Mario Coccherella from Maplewood Development addressed the Council relating to the changes made to the plan. He noted that the mix of townhouses and 8 units were not the mix they would like to see in a project but they felt they could make it work. Robbie Smith asked if the architectural design would be similar to that of their other developments and Mr. Coccherella indicated it would. M Council Minutes - 3/10/03 ROBBIE SMITH MOVED TO APPROVE THE REVISED PRELIMINARY PLAT OF THE SPIRIT HILLS SUBDIVISION AND TO GRANT CONCEPT AND DEVELOPMENT STAGE PUD APPROVAL CONTINGENT UPON FINAL APPROVAL OF THE PLANS BY THE CITY PLANNER AND CITY ENGINEER. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Conduct public hearing for Cedar Street from Chelsea Road to Kiellberg's Park and Dundas Road from Cedar Street to County Road 117, Project No. 2002-06C. City Engineer, Bret Weiss made the presentation on the proposed improvement. It was noted that the property owners north of Dundas Road had not received their notice in time to meet the statutory requirements so the public hearing would be continued to March 24, 2003 and a Council decision to proceed with the improvement would be made at that time. The project consists of three parts: 1) Cedar Street from Chelsea Road to Dundas Road; 2) Cedar Street from Dundas Road to just north of Kjellberg's Park and 3) Dundas Road from Cedar Street to County Road 117. Cedar Street from Chelsea Road to Dundas Road would consist of street reconstruction to 48' three lane urban design with curb and gutter, storm sewer, sidewalk and right turn lanes to the Home Depot site. The estimated cost for this improvement is $444,000. Although assessments would be discussed more frilly at a future meeting, it is proposed that Home Depot would pay 100% of the construction for their half of the street plus the turn lane. Bret Weiss reviewed with the Council the layout for this portion of the project. Cedar Street from Dundas Road to just north of Kjellberg's is new construction, 48' width, urban section with protected left turn lane at School Boulevard. Shawn Weinand, a developer in the area has agreed to donate right-of-way in that area. Bret Weiss reviewed the layout for this portion of the project. It was noted that sidewalk will be placed on the west side at this time and sidewalk on the east side may be installed at some future time when the property is developed. Estimated project cost for this segment of the project is $1,050,000 with the City picking up $42,000 of the storm sewer costs. There are several options that can be considered for the continuance of Cedar Street through Kjellberg's. At this time the developer will leave the property as an outlot so in the future it could be used for the Cedar Street alignment. Dundas Road from Cedar Street to County Road 117 would be a 44' urban section with curb and gutter and storm sewer. 100% of the cost will be assessed to the abutting property owners. The estimated cost for this portion of the project is $340,000. Bret Weiss noted that if Development B goes in then County Road 117 should be reconstructed as well but it is not included in the plans at this time. Bret Weiss reviewed the schedule for the project. It is anticipated that if the project is ordered at the March 24`x' meeting, the City would advertise and receive bids on April 25"' . The Council could award bids at their April 28"' meeting and construction could start on May 15"'. Jeff O'Neill 5 Council Minutes - 3/10/03 asked about tree planting on the boulevard. Bret Weiss stated that he believed the trees were included in the feasibility study and they would be planted at the standard spacing of 100 feet. Glen Posusta asked if sidewalk was going in on the west side of Cedar Street. Bret Weiss indicated that this time it would only be on the west side. No sidewalk was being proposed for Dundas Road on the east side of County Road 117. There is a turn lane being proposed and Glen Posusta questioned how that would be handled since there are gas structures located in the area. Bret Weiss indicated that road was not be widened but only restriped. Glen Posusta asked about the turn lane on the Krutzig property and whether that cost would be included in the overall assessment for the project or assessed only to the Krutzig property. Mayor Thielen opened the public hearing. Mike Krutzig who is developing property at School Boulevard and Cedar Street spoke stating that he was pleased to see the schedule for the improvements and hoped that the City commits to getting the project done as soon as possible. He also asked about the signal at School Boulevard and TH 25. Bret Weiss indicated that they will be doing traffic counts in the area and that would determine whether the intersection met the warrants for installing a signal. He did add that MnDot when commenting on the EAW for the Home Depot site had indicated that since the need for a signal was developer related, MnDOT would not participate in the cost. A signal would cost between $200,0004250,000. Kurt Kjellberg, 1000 Kjellberg Road, stated that he appreciated the fact that a temporary cul-de- sac would be put in place. He felt it was in important that they be kept in the loop as far as planning for the alignment of Cedar Street since they are affected by it. While they are concerned about the amount of traffic that will be generated by development, they are pleased to see the flexibility in the plan. Bret Weiss stated that there will be additional discussions with Kjellbergs on this matter as well as on the Gold Nugget development to the south. Shawn Weinand, Ocello, stated that with islands to be added it was with the understanding that islands would benefit the entire project and the cost would be assessed against all properties. He felt the design help create a parkway effect. He stated there is a need for the City to pursue getting the signal installed because of the amount of development in the area. Bret Weiss addressed who derived benefit from installation ofthe island. He did not feel the benefit extended beyond the area from Dundas to Kjellberg's and did not see any properties beyond that being assessed for the island. Glen Posusta asked if they were considering a signal at TH 25 and Dundas Road. Bret Weiss indicated that MnDOT had certain spacing requirements. Based on these spacing requirements with a signal at Chelsea Road the next allowable spacing would be at TH 25 and School Boulevard John Lundsten, from Buffalo owns property along Dundas Road and Cedar Street. He stated the improvements to Dundas Road and Cedar Street were triggered by the Home Depot development. He asked if the City had a contingency plan should the Home Depot development not go through. Bret Weiss stated that while it was more economical to bid these areas together, if the Home Depot G Council Minutes - 3/10/03 development did not occur that portion of the project could be eliminated. John Lundsten also asked about the 18" RCP going under Dundas Road and wanted to know what area it would drain and how much runoff would be expected to flow through this. Bret Weiss responded that the 18" RCP pipe had been eliminated from the project. Shawn Weinand asked if street lighting was included in the project. Bret Weiss stated it was not and added that Public Works Director, John Simola, works with Xcel Energy on street light installation within developments. Shawn Weinand felt the lights should be included in the improvement project since not all developments would be taking place at the same time and he also felt it would provide some uniformity in design. BRIAN STUMPF MOVED TO CONTINUE THE PUBLIC HEARING TO THE MARCH 24, 2003 COUNCIL MEETING. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Consideration of authorizing the preparation of a Comprehensive Water System Study. City Engineer, Bret Weiss and Public Works Director, John Simola had discussed at some length the need for a comprehensive water system study. Because of the cost to do a study of this type it was suggested that staff and WSB work out a scope of services for the project and also an estimated budget. ROBBIE SMITH MOVED TO AUTHORIZE THE PREPARATION OF A WATER SYSTEM STUDY SCOPE OF SERVICES WHICH WILL BE BROUGHT BACK FOR AUTHORIZATION AT A FUTURE MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Approve payment of bills for March, 2003. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF BILLS. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Glen Posusta questioned the bill from Levander, Gillen and Miller in the amount of $4,354.20. It was noted that was the invoice for the investigation on the residency requirement of Glen Posusta. Glen Posusta asked about getting a breakdown of the hourly rate and number of hours. Added Item: Glen Posusta asked when the Christmas banners would be removed. John Simola indicated that they would be taken down shortly. Bruce Thielen asked about the status of the alignment of the intersection of West River Street and 7 Council Minutes - 3/10/03 Prairie Road. Bret Weiss responded that they do have a design for this intersection but it has not yet been reviewed by John Simola. Bret Weiss felt it was a band aid fix because it was tied into the existing railroad crossing and he and John Simola would like to look at other options. Bruce Thielen stated that because of the location of the homes in that area it may be difficult to come up with a good fix. Bruce Thielen stated he would like to see a report from staff on this at the next meeting. 10. Adjourn. ROBBIE SMITH MOVED TO ADJOURN AT 8:30 P.M. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary E'9