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City Council Minutes 02-24-2003MINUTES (` REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, February 24, 2003 - 7 p.m. Members Present: Roger Carlson, Robbie Smith, Brian Stumpf and Bruce Thielen. Members Absent: Glen Posusta 1. Call to Order and Pledge of Allegiance. Mayor Thielen called the meeting to order at 7 p.m. and declared quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of the February 10, 2003 special Council meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE FEBRUARY 10, 2003 SPECIAL COUNCIL MEETING. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED WITH ROBBIE SMITH ABSTAINING. B. Approve minutes of the February 10, 2003 regular Council meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF FEBRUARY 10, 2003 REGULAR COUNCIL MEETING. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of addinLy items to the aLyenda. Mayor Thielen added to the agenda consideration of a resolution supporting the continuing operation of the Monticello Nuclear Generating Plant and update on a joint meeting with local government entities. BRIAN STUMPF MOVED TO ADD AGENDA ITEM #11, AUTHORIZE THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE EXTENSION OF CHELSEA ROAD WEST AT 90TH STREET, PROJECT NO. 2002-01 C TO THE CONSENT AGENDA. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4. Citizens comments/petitions, requests and complaints. None. Council Minutes - 2/24/03 5. Consent Agenda A. Consideration of ratifying new hires as identified. Recommendation: Ratify the new hires as identified. B. Consideration of liquor license for Monticello Men's Softball Association. Recommendation: Approve the license contingent upon submittal of certificate of insurance and payment of license fee. C. Consideration of a request for a development stage planned unit development and preliminary plat approval for an activity center containing an ice arena, lockers, public areas, domed soccer field and parking lot. Applicant: RSP Architects for Monticello Youth Hockey Association and City of Monticello. Recommendation: 1) Approve the planned unit development conditional use permit subject to the following conditions: 1 Applicant is to provide additional subdivision related information, showing the name of the proposed plat and dimensions of lot boundaries prior to submittal of final plat. 2. The applicant must receive approval from both the City Engineer and Zoning Administrator to allow for a curb cut of 28 feet. 3. The west access area is to be reviewed for improved circulation. 4. The width of the fire lane at the rear of the building is to be lessened to twenty four feet in order to provide room for landscaping and/or any shifting in the structure that may be necessary. 5. The applicant is to provide an updated number of total capacity for both the soccer and hockey arenas. 6. The design of the parking stalls should be 9 feet in width and 20 feet in length and described in Section 3-5[D]9(a) of the zoning ordinance. 7. Increase the amount of overstory trees along 7`" street. 8. Berm is to be moved away from the ROW and onto the property. 9. Provide landscaping design along north side of 7" street. 10. Provide overstory trees along freeway side of the structure. IL Applicant is to submit a photometric plan. 12. Applicant to provide updated description of building exterior and be required to obtain Planning Commission approval of significant alterations. 13. Operation hours 6 a.m. to 10 p.m. with flexibility of extended hours on an occasional basis. 1) Council Minutes - 2/24/03 2)Move to approve the preliminary plat subject to submittal of all data required in Section 11-2 of the Subdivision Ordinance, approval of the PUD/CUP and comments of the City Engineer and Public Works Director. D. Consideration of Ordinance No. 385 annexing remnant parcel - Wolters property. Recommendation: Adopt Ordinance No. 385 annexing a 66' strip of property that is surrounded by the city limits. E. Consideration of adopting a joint resolution supporting annexation of the area encompassed by the proposed 93.84 acre Wild Meadow subdivision. Recommendation: Move to accept the petition for annexation and to adopt a joint resolution supporting annexation of the 93.84 acre area with the staff being directed to submit the joint resolution to Monticello Township for review and adoption. In the event that the Township does not support said annexation, staff is directed to initiate annexation by ordinance as outlined by state statutes. Said motion is contingent on City Council acceptance of the utility study for this area. F. Consideration of a development stage planned unit development, rezoning from AO to R-1, R-2 and R -2A and a preliminary plat for the Wild Meadow subdivision. Applicant: Lois & Eugene Bauer; Tyler South LLC; Virginia & Earl Husak; Mark Gergen & Associates/Bruggeman Properties, LLC. Recommendation: 1)Move to approve the rezoning from AO to R -1,R-1 A and R-2 based on the finding that the proposal is consistent with the Comprehensive Plan; 2)Move to approve the planned unit development conditional use permit subject to the following conditions: 1. ,\II lot dimensions and easements are to be shown on the site plan. 2. The applicant should cover costs associated with improvements to Gillard Avenue, 95" Avenue ($110,000/2) and Haug Avenue ($135,000/2) in order to support the increased traffic caused by this development. These costs have been assembled and provided to the developer. It is likely that they will be incorporated into the assessment program for each lot. 3. The dead end on Meadow Brook Lane should be eliminated and possibly redesigned including a connection from 95`x' Street to the potential frontage road. 4. The dead end on Golden Meadow road should be eliminated and redesigned. 5. The standard in both ROW and paved area throughout the project is subject to comments from the City Engineer and Public Works Director. 6. An elevation plan showing berming, fencing and landscaping along Interstate 94 is to be submitted and reviewed by city staff. 7. A sidewalk/trail is to be shown on the site plan running east/west along 95`'' Street. J Council Minutes - 2/24/03 8. The Parks Commission recommendations relating to pathway and park land provisions are met including recommendations on grading the entrance to the park from the ROW. 9. Building elevations demonstrate compliance with applicable city objectives including minimizing the impacts of street -front garage doors, a variety of roof designs and to ensure that proper structure separation exists. 10. The City approve the vacation of existing side lot line drainage and utility easements. 11. Approval of grading and drainage issues by the City Engineer and Public Works Director 12. Approval of grading and drainage plan as it affects Ditch #33 and the wetlands by the Wright County Soils & Conservation District. 13. Modifications of plat name and street names to assure distinct identity in order to enhance the ability of emergency personnel and others to locate residences. 14. Review and approval of plan by MnDOT. 15. Development of a plan showing variation in roof lines for the townhome development area. 16. Developer funding of sanitary sewer lift station necessary to serve site and development of overall finance plan consistent with City policies. 17. Establishment of 1 (one) street parking space for every three (3) townhomes. 18. City Council acceptance of the related feasibility study outlining design and cost to serve the development. 3) Motion to approve the preliminary plat for Wild Meadow as presented subject to approval of the PUD/CUP. G. Consideration of a request for a development stage PUD and preliminary plat for Home Depot. Applicant: Home Depot. Recommendation: Move to recommend approval of the preliminary plat and development stage PUD based on a finding that changes are necessary to make the proposal consistent with the City's planning and zoning objectives. Conditions of approval to include the following: Provision for right turn lane along Cedar Street at Chelsea Road and elimination of the row of parking in that area. Spaces removed with this requirement could be replaced with stalls taken from landscaped proof of parking area. 2. Provision'of a final landscaping plan to City staff for review including landscaping areas at the front of the building. 3. Changes are made to the seasonal sales area by requiring painting of galvanized fencing. 4. The revised sign package would be acceptable as proposed based on the extraordinary size of the site and building. The height (60') and size (392 sq. ft.) of the pylon sign approved based on the overall sign program which includes consolidation of signage on one pylon, elimination 11 Council Minutes - 2/24/03 Of future pylon signs to be replaced by landscaped monument signs. Signage on future buildings required to be to scale on each building. H. Consideration of adopting a resolution establishing a negative declaration of the need for an EIS (Environmental Impact Statement) resulting from the Home Depot/Retail B development. Recommendation: Move to adopt a resolution establishing a negative declaration of the need for an Environmental Impact Statement resulting from the Home Depot/Retail B development. Order public hearing for the construction of Cedar Street from Chelsea Road to Kjellberg's East Park, City Project No. 2002-06C and the construction of Dundas Road from Cedar Street to Country Road 117. Recommendation: Adopt a resolution ordering the public hearing for the Cedar Street and Dundas Road street construction projects for March 10, 2003. J. Accept feasibility report and order plans and specifications for Groveland 4"' Addition, City Project No. 2002-09C. Recommendation: Accept feasibility report and order the preparation of plans and specifications. K. Accept feasibility report for the Wild Meadow sanitary sewer and watermain study, Project No. 2002-04P. Recommendation: Move to accept the feasibility study. City Engineer, Bret Weiss asked that Item #5K be removed from the consent agenda and be placed at the end of the regular agenda. Mayor Thielen requested that Item #5G be removed from the consent agenda. ROBBIE SMITH MOVED TO APPROVE THE CONSENT AGENDA WITH ITEMS #G AND #K REMOVED AND AGENDA ITEM 411 ADDED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. Mayor Thielen stated that he requested this item be removed from the consent agenda so that the sign issue could be discussed. Deputy City Administrator, Jeff O'Neill, provided background on the sign proposal for the Home Depot/Retail B development. He noted that the Planning Commission had approved the development stage PUD but had not approved the 80' pylon sign which had been requested. Based on the ordinance the maximum size for a sign in this location would be 22' in height and 100 sq. ft. in area. Planning Commission requested staff to work with Home Depot to see what was acceptable to them for sign height and the result was a request for a 60' sign. In exchange for the increased sign height over what the ordinance allows, Home Depot had made some concessions on other areas of signage for their development which includes Home Depot and Retail B would sharing the pylon sign and no other pylon signs would be allowed for the 5 Council Minutes - 2/24/03 development. The Council could approve the compromise, hold to the requirements of the sign ordinance or send the sign issue back to the Planning and Zoning Commission. The Council expressed concern about setting a precedent by allowing a sign of this size such a distance from the freeway. Mayor Thielen questioned how the 60' figure was arrived at and Jeff O'Neill responded that it came from the developer. Robbie Smith felt that rather than make exceptions to the ordinance, the City should amend the ordinance to reflect any changes the City would like to see. He noted other similar situations such as the Dave Peterson's Ford dealership, Denny Hecker Dodge dealership, Mielke development etc. and felt that if the City approves this sign request it could set a precedent. BRIAN STUMPF MOVED TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT AND DEVELOPMENT STAGE PUD WITH CONDITIONS BASED ON THE FINDING THAT CHANGES ARE NECESSARY TO MAKE THE PROPOSAL CONSISTENT WITH THE CITY'S PLANNING AND ZONING OBJECTIVES. CONDITIONS OF APPROVAL INCLUDE THE FOLLOWING: 1. Provision for right turn lane along Cedar Street at Chelsea Road and elimination of the row of parking in that area. Spaces removed with this requirement could be replaced with stalls taken from landscaped proof of parking area. 2. Provision of a final landscaping plan to City staff for reviex� u1cludin�� landscaping areas at the front of the building. Changes are made to the seasonal sales area by reclui►-in�-1 painting of galvanized fencin<21. THE ISSUE OF THE SIGNAGE FOR THE HOME DEPOT DEVELOPMENT WAS REFERRED BACK TO THE PLANNING COMMISSION FOR CONSIDERATION. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Presentation of appreciation to Land Of Lakes Choir Boys for donation for mural for Community Center. Representatives from the Land Of Lake Choir Boys were present to receive a plaque in honor of their commitment and financial support for the Community Center. 8. MCC Advisory Board - Financial and usage presentation for 2002. Kitty Baltos, Community Center Director, reported to the Council on activity at the Community Center during 2002. She reviewed the various activities provided by the Community Center and the number of people participating. M Council Minutes - 2/24/03 9. Consideration of a request for rezoning from AO to R -1A and R-1 and consideration of development stage PUD and preliminary plat approval for Spirit Hills residential development. Applicant: Maplewood Development and Construction, Inc. City Planner, Steve Grittman provided the background on this item. The project consists of two parts; the north half of the development is the townhome portion of the project and the south half is the single family home portion which is being designed to meet the standards for the R- I A district. The Planning Commission has reviewed the development and recommended a number of conditions. For the single family portion of the development there are some minor street, pathway and sidewalk issues to be resolved. The lot layout meets the R-1 A design standards with some minor adjustments. The townhouse portion of the development posed more concerns for staff. The townhouse portion of the site is heavily sloped. Each of the townhouse buildings consist of 8 units with two buildings of 6 units. Staff concern is the impact of the unit style. There is significant amount of grading necessary to accommodate the buildings and access to the buildings. The Planning Commission found that building and landscaping was adequate and felt that the intent of the PUD was met while staff had some concerns whether this standard was met. Staff did not recommend approval as a result of these concerns. If the Council approved they PUD, staff asked that the conditions noted by the Planning Commission be included. Mario Coccherella from Maplewood Development spoke to the Council. He noted that typically they do not come before the Council or Planning Commission without having staff approval. In reviewing the comments of staff on the single family portion of the development, he stated that items #I and #3 will be changed as recommended. Items #5 and #6 were not a problem and added that most of the slopes had been corrected to 4/1. He felt that #4, which was requesting them to make a connection to the sidewalk, was the only issue. His concern was that there may be issues with a private developer making public improvements on property belonging to someone else. On the items relating to the townhouse development, he noted that street adjustments will take care of the concerns with garbage pickup. Items #2, #3 and 94 were not a problem and they will make the changes. The developer stated they exceed the visitor parking spaces as noted in item 46. Item 47 dealt with design standards. Mario Coccherella stated that the retaining walls referenced by Steve Grittman were not as high as he indicated . The retaining walls are tiered with a height of 8' at its highest point but for the most part were 5'. The developer felt they had a good site plan and did not want to go with a typical four unit plan. He stated they are trying to create an amenity on a site that doesn't have any amenities and has some minuses such as the tower and the gas line easement.. They have landscaped extensively and have tried to create something upscale in both the single family portion and the townhouse portion of the development. The Planning Commission wanted both the single family and the townhome portion of the development to go in at the same time. Mayor Thielen asked how they determined the density and what were the trade offs for allowing the greater density. Steve Grittman stated that in the Comprehensive Plan this area was low density 7 Council Minutes - 2/24/03 (4 units per acre) and the combination of the densities of the single family homes in the R- I A and the townhomes in the R-2 average close to the 4 units per acre. Another concern noted by Mayor Thielen was the access of Street E in the townhome section (as shown on the preliminary plat) onto Fenning Avenue. He felt that this access could create a hazardous condition especially because of sight distances for traffic coming over the hill by the Monte Club. He also stated he was not overly impressed with the size of the trees being proposed in the landscaping plan and felt larger than 3" caliper trees should be installed. Overall, Mayor Thielen stated he was not comfortable with the development because of the density and potential hazard with the access to Fenning Avenue. Brian Stumpf stated that he didn't feel the access on Fenning was as much of a problem because of the four way stop at Jason and Fenning. He felt it was a good quality home design. Robbie Smith questioned staff on their concern with back to back structures. Steve Grittman responded that row townhomes would allow more flexibility. Robbie Smith asked if row townhomes would allow the same amount of density. Roger Carlson asked the developer to comment on the row design. Mario Coccherella stated that their layout is acceptable in most communities as there is widespread acceptance of what they are proposing. Mayor Thielen asked the City Engineer if any study had been done regarding the access onto Fenning Avenue. City Engineer Bret Weiss responded that they had done an analysis and found the access to be in a location to meet the sight stopping distance requirements. Bret Weiss stated while it is not a bad access location it is not a preferred one. The City Engineer was also asked about improvements to Fenning Avenue. Bret Weiss stated that the developer will be asked to place a deposit with the city for future improvements to the road. He stated that improvements will depend on what happens with development in the area. At some point the street most likely will be widened and likely be designed as an urban section. Jeff O'Neill stated that the Wright County Engineer had required that access E from the plat going onto County Road 18 be aligned with the driveway of Resurrection Lutheran Church. Mario Coccherella stated that if the access was a concern, it could be dead ended short of Fenning Avenue and not connected until such time as Fenning Avenue was improved. The developer was asked about price ranges for the units and he indicated that the townhomes units would be $189,000 and the single family homes would be in the range of $225,000. Mayor Thielen felt the City was giving up too much in density to get the R- I A housing. BRIAN STUMPF MOVED TO APPROVE THE REZONING FROM AO TO R-1 A AND R-2 FOR THE SPIRIT HILLS DEVELOPMENT BASED ON A FINDING THAT THE REZONING WILL MEET THE INTENT AND DIRECTION OF THE COMPREHENSIVE PLAN. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ROGER CARLSON MOVED TO APPROVE THE PRELIMINARY PLAT FOR SPIRIT HILLS BASED ON A FINDING THAT THE PLAT MEETS THE REQUIREMENTS OF THE MONTICELLO SUBDIVISION AND ZONING ORDINANCE. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH BRUCE THIELEN VOTING IN Council Minutes - 2/24/03 C OPPOSITION BECAUSE OF CONCERNS ABOUT DENSITY AND ACCESS. BRIAN STUMPF MOVED TO APPROVE THE CONCEPT DEVELOPMENT STAGE PUD FOR SPIRIT HILLS BASED ON A FINDING THAT THE PUD PROPOSAL MEETS THE INTENT OF THE COMPREHENSIVE PLAN AND THE REQUIREMENTS FOR PUD APPROVAL OF THE CITY'S ZONING ORDINANCE AND THAT THE DESIGN OF THE PUD RESULTS IN A PROJECT THAT IS SUPERIOR TO THAT WHICH WOULD HAVE OTHERWISE BEEN DEVELOPED VIA THE STANDARD PROCESS AND SUBJECT TO THE CONDITIONS LISTED IN EXHIBIT Z IN THE FEBRUARY 4, 2003 PLANNING COMMISSION AGENDA. ROGER CARLSON SECONDED THE MOTION. In further discussion staff was asked if there was dialogue with the developer concerning the design issues. Steve Grittman that a number of different plans had been discussed. The staff's concern with the units were the view for the residents of the units and the proximity of the units to each other. The developer felt that the landscaping and architecture of the units overcame these concerns. Jeff O'Neill stated that the difference is 8 unit structures versus 4 unit structures. UPON VOTE BEING TAKEN BRIAN STUMPF AND ROGER CARLSON VOTED IN FAVOR THEREOF AND BRUCE THIELEN AND ROBBIE SMITH VOTED AGAINST. MOTION FAILED. Steve Grittman stated if the Council was going to deny the PUD they should deny it with a finding of facts. Since there was not a full Council present, Steve Grittman felt that this item should be held over. ROGER CARLSON MOVED TO BRING THIS ITEM BACK FOR CONSIDERATION WHEN THE FULL COUNCIL WAS PRESENT. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Mario Coccherella asked for verification that the Council's action approved the preliminary plat but tabled the PUD. Bruce Thielen noted his concerns were with design and density. Robbie Smith indicated he was okay with the density but had concerns with the design. 10. Consideration of proposal by Monticello Youth Hockey and Soccer Associations to acquire the City property for facility construction. Mayor Thielen stated that this items goes back a long time and the group had a number of discussions with the City regarding the use of Outlot A of Country Club Manor for an ice arena. The question to be resolved was the land exchange. The Pointe Group representing the hockey and soccer associations had submitted a proposal which would provide that the City: 1) give the 17 acre parcel of land (Outlot A, Country Club Manor) to the associations at a cost of $250,000 with 9.22 9 Council Minutes - 2/24/03 acres of the parcel to be used by a non-profit, tax exempt group for the purpose of constructing an athletic complex for use as a soccer dome and ice arena and the remaining land to become taxable when no longer owned by the associations. The $250,000 payment is contingent on the sale of the residual land and the land will be turned over to the associations upon completion of their financing. Brian Stumpf stated that in previous communications the $250,00 payment was never contingent upon the sale of the residual land. Rob LaRue from the Pointe Group reviewed the proposal submitted. He confirmed the points of the proposal as noted above. Their intent is to market and sell the residual land to help in the financing of the arena. The residual land when sold will be taxable. The associations are asking for right of ownership of the full parcel so that they can market and sell the land not needed for the ice facility. They are requesting that the payment of the $250,000 be made at such time as the residual land is sold. It was felt that there should be a time limit on how long the residual property could be held by the associations. The consensus was one year. Initially when this came to the Council the association was looking at 3-5 acres which the Council indicated they would provide as their contribution to the project. Later they came back to the Council with a proposal for a private developer to finance the project. If it was to be a private contractor and a tax paying entity then the entire parcel would be needed to make the facility possible. The Council indicated they would consider providing the entire parcel because the group would be paying taxes plus all building permit and hookup fees. The problem for the association was that they couldn't afford being a tax paying operation. To make it feasible for the associations it would have to be tax exempt. If it was tax exempt, would the City still be willing donate the entire parcel. The associations were seeking determination of what the Council would provide. The Council could consider a number of options: 1) Provide just enough land for the ice arena/soccer facility; 2) donate the entire parcel of land or 3) provide the land with some kind of payment to the City for the property. Brian Stumpf stated he did not want to see the project fall through but he did feel if the City gave the up the entire parcel, the $250,000 should be paid up front and there should be time limit imposed for selling of the residual property and that upon sale of the residual land it would become tax paying property. Brian Stumpf stated he did not want a venture where the City was a partner in the development and he wanted something that was risk free for the City. Bruce Thielen stated that the proposal has changed significantly from what was initially proposed and the question was what was the Council's comfort level on what they were willing to contribute to the project. Roger Carlson agreed that wanted to see the development take place but at what cost. He stated that it was unfortunate that this issue comes up now with state budget deficits and the loss of local government aid for the City which makes the decision much more difficult to make. Bruce Thielen suggested the City keep the excess property and sell the needed land to the association for $100,000 with the first payment deferred for five years. This would allow the City to retain part of the property which could be sold and those fiends used for 7"' Street extension. Brian Stumpf asked if the association was given the land needed for the complex would they still need the excess land in order to make the project work. Robbie Smith questioned whether the City could 10 Council Minutes - 2/24/03 legally donate the land. Bruce Thielen stated any action the City would take would be contingent upon recommendation of the City Attorney. The Council discussed the $250,000 figure which was approximately what the City had invested in the land some 24 years ago. Bruce Thielen felt deferring the payment on the land would allow the facility to get established. Todd Banek spoke for Monticello Youth Hockey. He stated that they have been working on this project for some time and with the expansion of the project to include the soccer dome, they would need the entire parcel of land. The problem has been getting the financing for the project and they have been looking at every possible angle. Todd Banek stated that because there is a small percentage of kids and parents involved in the sport of hockey they didn't want to place the burden for this project on others. He stated that they have been working on selling ice time and are hoping that everything will be iii place so that they can break ground in April. He stated that they want to acquire the entire parcel so that they can market the residual land without approval of the City. The revenue generated from the sale of the residual is figured into the pay down of the debt load. It was the intent of the associations that the residual land would be sold before April as they do have some prospective buyers. Todd Banek stated approximately $420,000 has been accumulated in fund raising and there is several hundred thousand in additional financial commitments from donors which will not be received until the associations have possession of the land. Todd Banek estimated they would receive $4.50-$5.00 sq. ft. for the residual land. Although they are exploring other financial options, they are deadlocked without having the land. It was noted that based on $5/sq. ft. the 7 acre residual parcel would generate $1,500,000. It was also pointed out that the City had never actively marketed the property for development. There was discussion on the extension of 7" Street and when that would take place. Although the City would pay the street cost up front they would be collecting assessments to recoup their funds. Greg Engle, President of the Monticello Youth Hockey Association asked if the Council would give them a proposal that they could consider and they would reconvene with the Council after the last agenda item. BRIAN STUMPF MOVED THAT THE CITY GIVE THE ENTIRE 17 ACRE PARCEL TO THE ASSOCIATION FOR AN UP FRONT PAYMENT OF $2501000; THE RESIDUAL LAND WILL BE TAXABLE WHEN NO LONGER OWNED BY THE ASSOCIATIONS WITH A TIME LIMIT OF ONE YEAR FOR HOLDING OF THE RESIDUAL PROPERTY AND THE LAND WOULD BE TURNED OVER TO THE ASSOCIATIONS UPON COMPLETION OF THEIR FINANCING. Motion died for a lack of a second. Robbie Smith stated the issue he has is giving prime land away for $250,000 when it could be worth $1,500,000. Bruce Thielen stated he has gone both ways on this noting the property has not brought in any taxes so if it can become a tax generating parcel it would be a positive. Robbie Smith asked if the property is sold would the City still have some say as far as what would go in. Roger Carlson asked about the cost of the 7'" Street extension. Brett 11 C" Council Minutes - 2/24/03 Weiss stated a very preliminary estimate would be about $500,000 depending on the amount of utility work. ROBBIE SMITH MOVED TO REINTRODUCED BRIAN STUMPF' S MOTION ON THE ICE FACILITY WHEREIN THE CITY GIVES THE ENTIRE 17 ACRE PARCEL TO THE ASSOCIATIONS FOR AN UP FRONT PAYMENT OF $250,000; THE RESIDUAL LAND WILL BE TAXABLE WHEN NO LONGER OWNED BY THE ASSOCIATIONS WITH A TIME LIMIT OF ONE YEAR FOR HOLDING OF THE RESIDUAL PROPERTY AND THE LAND WOULD BE TURNED OVER TO THE ASSOCIATIONS UPON COMPLETION OF THEIR FINANCING. BRIAN STUMPF SECONDED THE MOTION. Roger Carlson asked what the scenario would be if the association could not sell it by their financing time. Brian Stumpf stated that was why he had put a one year time limit as part of his motion so that if the property was not sold within that one year period it would revert back to the City. City Administrator, Rick Wolfsteller pointed out that there is a lease agreement for the billboard signs that are on the property and that would be an issue that would need to be resolved. Bruce Thielen stated that the billboard signs would remain at least through the end of the year. Rick Wolfsteller also noted that there should a provision in the agreement that ensures that the project will actually be built on the land that is not being sold and, as noted earlier, all provisions and procedures in the land acquisition would be approved the city attorney. Rick Wolfsteller informed the Council that the property was in the name of the HRA and that there may be some statutory requirement to conduct a public hearing prior to disposing of the land. The Council also discussed some kind of clause in the agreement that would require that it is operated as a recreational facility for at least 15 years. ROBBIE SMITH AMENDED HIS MOTION TO INCLUDE THE FOLLOWING PROVISIONS: 1) RESOLUTION OF THE LEASES FOR THE BILLBOARD SIGNS; 2) WRITTEN ASSURANCES THAT THE PROPOSED FACILITY WILL BE CONSTRUCTED ON THE SITE; 3) THAT THE FACILITY IS REQUIRED TO BE OPERATED AS A RECREATIONAL FACILITY FOR 15 YEARS; 4) THAT THE CITY ATTORNEY REVIEW AND APPROVE ALL PROVISIONS AND PROCEDURE FOR THE LAND TRANSFER INCLUDING ANY STATUTORY REQUIREMENTS FOR PUBLIC HEARINGS. BRIAN STUMPF SECONDED THE AMENDED MOTION. UPON VOTE BEING TAKEN ALL VOTED IN FAVOR THEREOF. 11. Authorize the preparation of plans and specifications for the extension of Chelsea Road West at 90`h Street, Project No. 2002-01C. Included with consent agenda. 12 i Council Minutes - 2/24/03 5K. Accept feasibility report for the Wild Meadow sanitary sewer and watermain study, Project No. 2002-04P. At the request of the City Engineer this item was removed from the consent agenda for discussion. He noted that were several issues relating to the costs and that approval of the Wild Meadow development was contingent upon acceptance of the feasibility report. Bret Weiss reviewed the location of existing utilities for that area and the amount of capacity in the lines. He stated that there is sufficient capacity in the 8" service line on Gillard Avenue, the trunk line on CSAH 39 and the CSAH 39 lift station to serve the Wild Meadow development. Because of anticipated development in this area of the City and the shallow line on Mississippi Drive, the City had authorized the rerouting of the flows from CSAH 39 lift station so that would go directly CSAH 75 to the wastewater treatment facility. There is capacity in the lift station for 200 homes. With the full development of Wild Meadow the City would need to look at making improvements to the lift station. As development occurs in the southeast portion of the City additional improvements would have to be made to the utility system. Bret Weiss noted that area charges would be used for the cost of making improvements in the area. The improvements to the lift station would generate an additional surcharge. Cost of operation for the lift station would run between $10,000-$11,000 a year. They had looked at other options such as a gravity flow line but the cost was prohibitive. Bret Weiss stated that the Public Works Director was in agreement that there was no other way to serve the property other than with a lift station. Bret Weiss then addressed the water system stating that system in the area is currently not looped. He stated that without looping the water pressure would not be adequate for firefighting needs. They had submitted two design layouts for the watermain. Depending on which one is chosen, they would estimate the cost to be about $230,000. Bret Weiss stated that the sanitary sewer improvements have impact on the developers and the watermain is one for the City to consider as it impacts their capability for fire fighting. The watermain loop needs to be done one way or the other. Bret Weiss wants to bring back at the next Council meeting the overall water system study. ROGER CARLSON MOVED TO ACCEPT THE FEASIBILITY STUDY FOR THE WILD MEADOW SANITARY SEWER AND WATERMAIN, PROJECT NO. 2002-04P. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Items• Mayor Thielen noted he was at a Chamber of Commerce meeting where Xcel Energy made a presentation and ask the Council to show support by adopting a resolution supporting the continued operation of the Monticello plant. ROGER CARLSON MOVED TO ADOPT THE RESOLUTION IN SUPPORT OF THE MONTICELLO NUCLEAR PLANT. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13 Council Minutes - 2/24/03 Mayor Thielen reported that he and Jeff O'Neill met with Kim Sawatzke and Mike Bendetto concerning a meeting of local government entities and the local legislators. The meeting is tentatively scheduled as a breakfast meeting for April 26, 2003 from 9 a.m. to 11 a.m. 12. Approve payment of bills for February. ROGER CARLSON MOVED TO APPROVE PAYMENT OF BILLS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Adjourn ROBBIE SMITH MOVED TO ADJOURN AT 9:45 P.M. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary �j 14