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City Council Agenda Packet 05-23-1994AGENDA FOR THE MEETING OF THE CITY COUNCIL Monday, May 23, 1994 - 7 p.m. Mayor: Brad Fyle Council Members: Shirley Anderson, Clint Herbst, Patty Olson, Warren Smith 1. Call to order. 2. Approval of minutes of the regular meeting held May 9, 1994. 3. Citizens comments/petitions, requests, and complaints. 4. Public Hearing --Consideration of resolution vacating a portion of undeveloped 7th Street. Petitioner, City of Monticello. 5. Consideration of a conditional use permit allowing it church facility to operate in an R-1 zone. Applicant, A Glorious Church. 6. Consideration of it variance request which would allow placement of a signs on it public right-of-way. Applicant, Monticello -Big Lake Hospital District. 7. Consideration of allowing Country Club Manor Ballfield to he reserved for structured practices by youth teams. N. Consideration of an amendment. tr, Section 3-4: AGI of the zoning ordinance that further defines the minimum fluor area requirement,~ for the various styles of single family residential structures. Applicant, Monticello Planning Commission. 9. Review of bids and consideration of award for Project 93-04C, Phase II of the Public Works Department expansion and renovation. 10. Consideration of preparation of plans and specifications for ditch grading in the Meadows subdivision. IL Consideration of authorizing; it feasibility study for storm water improvements - Outlot A, Country Club Manor. 12. Consideration of a resolution setting it public hearing for the Meadow Oak trunk storm sewer extension. 13. Consideration of review of hids for supplemental contract mowing ope.rat.ions. Agenda for the City Council May 23, 1994 Page 2 14. Consideration of a request for a one -day 3.2 beer license for the July Riverfest Celebration-- Lions Club. lb. Consideration of bills for the month of May. 16. Adjournment. MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, May 9, 1994 - 7 p.m. Members Present: Shirley Anderson, Clint Herbst. Brad Fyle, Patty Olsen Members Absent: None 2. Consideration of approval of minutes of the regular meeting held April 25, 1994. Brad Fyle suggested that the motion in item #10 be changed to state that: "The motion was made by Clint Herbst and seconded by Patty Olsen to request that the City purchase the emergency transfer switch and seek quotes for the labor to install the switch. Staff is authorized to proceed utilizing the company that provides the lowest cost for labor." After discussion, a motion was made by Patty Olsen and seconded by Shirley Anderson to accept the meeting minutes as submitted. Motion carried unanimously. 3. Citizens commentsh)etitions, reuuests, and complaints. A. Glen Posusta, owner of AMEX Storage, asked Council what could be done to keep the dust down on Dundas Road. He noted that the dust problem creates a problem for his customers. Brad Fyle noted that it may be premature to think it will be tarred in the near future. After discussion, it was the consensus of Council to refer the matter to City staff for review. B. Council reviewed a variance request submitted by Harold Austin, which was previously approved by the Planning Commission. The l 1/2 ft side yard variance would allow installation of a 24.11 wide garage. O'Neill informed Council that the Planning Commission has granted this type of variance in the past in situations where the house was placed in a position that made it difficult to install a standard two -car garage without a variance. After discussion, a motion was made by Clint Herbst and seconded by Shirley Anderson to grant the variance to Harold Austin located at 106 Marvin Elwood Road. which would allow a 1 V2 ft encroachment into the side yard setback. Motion carried unanimously. Page 1 G) Council Minutes - 5/9/94 Consideration of appointment to the Councilmember vacancv Brad Fyle reviewed the situation and noted that four citizens have stepped forward as being interested in serving on the City Council, including Dan Blonigen, Warren Smith, Judy Leming, and Brian Stumpf. Dan Blonigen was present to mention his concerns regarding the Council's selection process. In his statement, he objected to attacks on his character from Councilmember Olsen. He noted that he was asked to serve on the Council by Councilmember Herbst, and he had reason to believe that he had support from at least three of the Council members. He also confronted Brad Fyle with the statement, "You cannot tell me that I am not qualified." In addressing Blonigen, Brad Fyle mentioned that he never committed to voting for Dan to fill the vacancy. He stated that it is obvious that you [Dan Blonigen] have experience; however, there are other candidates that also have experience. After discussion, a motion was made by Shirley Anderson and seconded by Patty Olsen to select Warren Smith to serve out the remainder of the term of the vacant Council position. Motion carried unanimously. Clint Herbst apologized to Dan Blonigen. He noted that he had approached Dan to fill the position and that he felt that the majority was in favor of Dan's appointment. He also noted that he supports Warren Smith and feels Warren will do a good job as Council member. At this point in the meeting there was a short recess. After the meeting reconvened, the oath of office was administered to Warren Smith. Consideration of an offer to ourchase 7th Street remnant uarcel—Land Proiecty Partnership. Rick Wolfsteller, City Administrator, reported that in January 1.993 the City Council agreed in principle to offer for sale to Land Projects Partnership a parcel of property located at the intersection of Locust and East 7th Street located across from Kmart. The property was offered to Land Projects at a price of $17,000, which reflects a reduction in the appraisal that the City had obtained, which allowed for potential soil correction and the installation of sanitary sewer and water services. Because of the additional expense that would be needed to put in sanitary sewer and water services, Land Projects had counteroffered at $13,000. As a result of recent discussions, the following proposed compromise for sale of land to Land Projects Partnership has been established. land Projects would pay $18,000 for the 7th Street remnant, provided the City installs 2 sanitary sewer stubs at the intersection of Locust and 7th Street. These 2 sanitary sewer stubs would Page 2 0 Council Minutes - 5/9/94 be available to the entire 1 -acre parcel and would allow the property to he subdivided in the future if development warrants. It is anticipated that the City's cost to construct the 2 sanitary sewer services would be approximately $2,500. The City would be receiving approximately $15,500 for this parcel which, in all reality, would reach its best use if combined with the adjacent parcel. After discussion, a motion was made by Clint Herbst and seconded by Patty Olsen to accept the proposed purchase price of $18,000, with the City installing 2 sanitary sewer stubs and to authorize City staff to call for a public hearing on the vacation of the 7th Street remnant parcel, with final approval of the land transaction contingent on the street vacation process. Motion carried unanimously. 6. Public Hearing on Phase fV of the Cardinal Hills public improvement uroiect, and consideration of adootine a resolution acceotine bid. awarding, contract, and ordering uroiect. Assistant Adminstrator O'Neill described the scope of the project. He noted that a public hearing is necessary in conjunction with phase IV improvements because a portion of the project includes development of a pathway along School Boulevard. This pathway was not a petitioned item and is proposed to be assessed against benefiting property owners: therefore, a public hearing is necessary. O'Neill asked Value Plus developers if they would rather install the pathway themselves ar would they prefer that the pathway he installed through the public improvement process. Holthaus indicated that the price in the bid appeared reasonable and, therefore, it would make sense to complete the pathway as part of the construction project. Shelly Johnson concurred that the prices look reasonable and that it makes sense at this time to complete the connection from Little Mountain Elementary to the Middle School. After discussion, a motion wits made by Shirley Anderson and seconded by Clint Herbst to adopt the resolution accepting bid, awarding contract to R & P Utilities of Annandale in the amount of $517,410, and ordering the project contingent on execution of the development agreement, which includes City acquisition of financial guarantees as required under the development agreement. Motion carried unanimously. SEE RESOLUTION 94-14. Page 11 0 Council Minutes - 5/9/94 Consideration of adopting development aereement and consideration of aoaroval of final Dlat - Phase IV. Cardinal Hills residential subdivision. Assistant Administrator O'Neill reviewed the development agreement and noted that it is very similar to the agreements approved in the past. O Neill noted that there has been an increase in the value of the raw land for purposes of calculation of park dedication fees. The development agreement proposes $2,100 per acre versus $2,000 per acre under phases I through III. Clint Herbst noted that it probably would make sense to finalize the park dedication requirement for Phases IV and V, that perhaps the development agreement should be changed to reconcile all park development fee expenses associated with the plat. Clint Herbst suggested that park dedication fees collected be provided to the school district to assist in development of neighborhood facilities used by the development ar.;a. Shelly Johnson indicated his appreciation and noted that the school district would happy to work with the Parks Commission in determining how the money should he spent for park facilities on school property. Value Plus developers indicated their support of this concept. Bret Weiss, City Engineer, stated that added erosion control measures will be required with the next phase. He stated that a silt fence will be required along curb lines and that a gravel ramp to each Int with a home under construction will be installed to provide a single access to each property. This measure will help prevent erosion of the soils onto the streets and into the storm sewer systems. The gravel ramps will decrease congestion and traffic movement concerns by limiting access to one location at each developing site. It will also reduce the amount of damage that is done to curbs with vehicles passing over unprotected curbs at various locations. After discussion, a motion was made by Clint Herbst and seconded by Patty Olsen to the adopt development agreement and approve the final plat of phase IV of the Cardinal Hills residential subdivision. Final signing of the plat is contingent on the City being provided financial guarantees as outlined in the development agreement. Motion includes an amendment to the agreement calling for complete reconciliation of all park dedication requirements through phase V. Park dedication funds to be provided to the School District with input on fund use to he provided by the Parks Commission. Motion carried unanimously. 8. Consideration of a resolution declarine intent to reimburse oroiect costs through a future bond sale • Proiect 94-01C. Cardinal Hills 4th Addition. Rick Wolfsteller, City Administrator, reported that IRS regulations require that this resolution he adopted if any expenditures associated with this Page 4 G) Council Minutes - 5/9/94 project are made for engineering or construction prior to the actual bond being sold. Wolfsteller noted that there is not an immediate need for the City to proceed with the bond sale prior to the actual work commencing within Cardinal Hills 4th Addition. Sufficient funds are on hand to handle cash flow needs. The City has one year after the project is completed to sell a bond if it wishes to reimburse itself for any costs associated with this project. This one-year time period is available if the City Council adopts the resolution. After discussion, a motion was made by Shirley Anderson and seconded by Warren Smith to adopt the resolution relating to financing of Cardinal Hills 4th Addition to be undertaken by the City of Monticello establishing compliance of the reimbursement bond regulations under the Internal Revenue Code. Motion carried unanimously. SEE RESOLUTION 94-15. 9. Consideration of granting a conditional use permit allowing minor auto repair and allowing outside storage in a B-3 (highwav business) zone. Aoolicant..Jerrv's Towing Service/Milton Olson. Assistant Administrator O'Neill reported that this application is made in conjunction with the recent occupancy of Milton Olson's facility by Jerry's Towing Service. Jerry's Towing occupied the facility and began operation without obtaining a conditional use permit. The applicant is now catching up by completing the process at this time. O'Neill went on to report on the Planning Commission's recommendation, which was to approve the conditional use permit but limit the number of vehicles stored outside of the screening area to six vehicles. Cary Anderson mentioned that the applicant may not realistically be able to maintain only six vehicles stored outside and that it might be more appropriate to increase the number slightly. Jerry Foley concurred that he would prefer that a few more vehicles he allowed to be stored outside of the screened -in area. O'Neill noted that the site plan includes landscaping improvements along with a screened in -area. After discussion, n motion was made by Patty Olsen and seconded by Warren Smith to approve the conditional use permit allowing minor auto repair and outside storuge in a 13.3 zone subject W conditions outlined in the ordinance and subject to completion of site improvements identified on the site plan. Motion to approve the conditional use permit is based on the finding that the operation on the site as proposed is consistent with the zoning ordinance, consistent with the comprehensive plan, and consistent with the geography and character of the B-3 district in that area. In Page fi o� Council Minutes - 5/9/94 addition, cars being readied for service or awaiting customer pickup outside of the screened -in area shall be limited to 10 cars or trucks. Motion carried unanimousiv. 10. Consideration of Emmerich/Klein rezoning/comprehensive plan amendment request. Assistant Administrator O'Neill reviewed the steps leading to Council consideration of this matter. He noted that the Planning Commission conducted a public hearing on March 3, which was continued to April 5 and to May 3. This provided a good opportunity for information and issues to be reviewed and addressed. In addition to the three Planning Commission meetings, there was a joint meeting held on March 30, at which time information regarding the request was provided to various commissions and local organizations. In his presentation, O'Neill noted that the plan calls for placing residential uses next to I-2 uses, which appear to create a conflict in land uses. O'Neill noted that the Planning Commission researched this issue with other cities and determined that a practical level of isolation can he achieved between these two uses through installation of berms and landscaping and by separating residential and industrial road systems. He also reported that the Planning Commission looked carefully at the need to preserve additional industrial land for future development. The Planning Commission examined the option of developing at least 60 acres of the Klein property for industrial development, with the balance being developed for multi -family and single family uses. As a result of their review, it was their finding that, given the present absorption rate of industrial land, the present supply (235 acres) is adequate to address our short- and medium-term needs, and that time is available that will allow the City to explore industrial development in areas currently located in the township or located on the NSP property in the city. O'Neill went on to review a finance plan associated with installation of utilities to the Klein site and described costs associated with preserving the northern half of the Klein site for industrial uses. In order to develop the southern half of the Klein property for residential use, utilities will need to be extended through the northern half of the property, and Fallon Avenue and School Boulevard will need to be installed. According to the City Enldneer, the cost for improvements associated with extending utilities and roads through the industrial area tare over $400,000. O'Neill went on to outline the Planning Commission's recommendation, which was to approve both the Emmerich rezoning and the Klein comprehensive plan amendments. Reasons for support of the proposal are as follows. Page 6 G Council Minutes - 5/9/94 1. Industrial Land Inventory. Currently there are 235 acres of industrial land in the city. In addition, the City owns 60 acres of prime industrial land currently located in the township. The rate of absorption of available industrial land provides sufficient time for the City to develop industrial sites at a more isolated location. 2. Proper transition and a practical level of isolation from I-2 and R-3 uses can be achieved through installation of berming and landscaping and through separation of roadway systems. 3. The City needs to provide land to serve needs of regional commercial enterprises. The plan proposed will provide the land necessary and will encourage development of School Boulevard, which will support development of a regional business district at the location as proposed. 4. Utility/Road System Financing. The plan as proposed will encourage developer financing of School Boulevard, Fallon Avenue, water main, and trunk sanitary sewer systems. 5. The Emmerich site is currently zoned for single family uses, which is inappropriate given the location on Highway 25 and the presence of pipeline and power line easements. The highest and best use for this land area is for commercial purposes as proposed. 6. The Township generally supports the plan as presented. 7. The developer supports the modifications made to the plan by the Planning Commission. O'Neill went on to note reasons for possible denial of the request. Industrial land in the city is finite. Despite the fact that a good supply of industrial land is available to handle our short-term needs, we still may want to hold onto this area for long-term considerations. There are no guarantees that the City will be able to work with the Township in development of the industrial area for the future. 3. The Housing and Redevelopment Authority has expressed an interest in establishing a finance plan to support the preservation of industrial land. This is an option that has not been fully explored. Council may wish to table the matter to provide time for the developer and the HRA to come to terms on a possible method for preserving the industrial land on the lUcin site. Page 7 l3 Council Minutes - 5/9/94 Finally, O'Neill went on to outline important steps that the Planning Commission recommends in an effort to address the city-wide land use issues that have been raised during the process of reviewing the request. The list of follow-up activities include: a. Complete comprehensive plan update. Identify future industrial areas. Work closely with the Township on this matter. b. Update zoning district regulations. Maintain diversity of industrial land types for various industrial/office uses. C. Develop plans for pending utilities to existing industrial lands, including the Gladys Hoglund site. d. Update B-4 district regulations governing development in regional commercial district. e. Require intense berming by ordinance to separate industrial from residential uses. f. Complete transportation system designs and subdivision designs in a manner separating conflicting uses. g. Improve linkages between commercial areas: I l Work with the State Highway Department to improve traffic flow on Hwy 25 via improved signal timing. 2) Realign Cedar Street Lo improve land utilization. ;1) Pursue development of Fallon Avenue overpass. Clint Herbst mentioned his concern regarding the planning process used. It was his view that too ninny long-term issues regarding future development of industrial areas remain unanswered and that the City would be wise to table the matter pending completion of an update to the comprehensive plan. Brad Fyle indicated that he supports the work done by the Planning Commission. In his view, R-1 development at the Kjollberg site is a bad idea; development of reg6onal commercial at this location is more practical as proposed in the plan. He also noted that Planning Commission did a thorough job of researching methods of separating industrial from residential uses through buffering systems. Patty Olsen explained that she intends on voting on this matter due to the fact that she has no conflict of interest. She informed Council that her involvement in the property ended when site was paid for her work as real Page 8 G) Council Minutes - 5/9/94 estate agent when the land closed two months ago. If the vote would have come up before the closing, she would not have been able to vote at that time. She also mentioned that she is a salaried employee of a company other than Emmerich's company and in no way directly benefits from any decision to approve the request. Shirley Anderson indicated that the Planning Commission made a strong attempt to satisfy the concerns of all those that provided input, and it was her view that the plan as proposed is the best alternative available. After discussion, a motion was made by Shirley Anderson and seconded by Warren Smith to adopt the Planning Commission recommendation to accept the rezoning request as submitted based on the finding that the rezoning is consistent with the comprehensive plan, consistent with the character and geography of the area, will not result in depreciation of adjoining land values, and there is a demonstrated need for the types of land uses proposed as opposed to the existing zoning which is currently R-1. Voting in favor: Brad Fvle, Shirley Anderson, Patty Olsen, Warren Smith. Opposed: Clint Herbst, SEE ORDINANCE AMENDMENT NO, 249. At this point in the meeting, a 5 -minute recess was taken. When the meeting reconvened, discussion ensued regarding the Klein property. 011ie Koropchak noted that during the past week she received a number of contacts from various industrial users interested in Monticello. She also reminded the Council that the HRA is interested in working with the City and the developer toward development of a finance plan that would support preservation of the Klein property for industrial use. She also noted that the Chamber of Commerce met on Friday to discuss the matter, and the Chamber recommended that the item he tabled to allow time for development of is plan to allow use of TIF to preserve the Klein property for industrial uses. After discussion, a motion was made by Shirley Anderson and seconded by Patty Olsen to amend the comprehensive plan as recommended by the Planning Commission by specifically identifying land uses as requested by Klein with the exception that the R-3 uses proposed to the north and west sides of the property he reduced to a 50/50 split between R-3 and R-2 uses. Voting in favor: Shirley Anderson, Putty Olsen, Warren Smith, farad Fyle. Opposed: Clint Herbst. Council then reviewed the important planning tasks listed by the Planning Commission that need to be completed in the near future to address concerns voiced by various organizations that have provided input on this matter. Page 9 0 i Council Minutes - 5/9/94 After discussion, a motion was made by Shirley Anderson and seconded by Patty Olsen to authorize City staff to address the items as follows. a. Complete comprehensive plan update. Identify future industrial areas. Work closely with the Township on this matter. b. Update zoning district regulations. Maintain diversity of industrial land types for various industrial/office uses. C. Develop plans for pending utilities to existing industrial lands, including the Gladys Hoglund site. �.. Update B-4 —'strict regulations governing development in regional commercial district. e. Require intense berming by ordinance to separate industrial from residential uses. F. Complete transportation system designs and subdivision designs in a manner separating conflicting uses. g. Improve linkages between commercial areas: 11 Work with the State Highway Department to improve traffic flow on Hwy 25 via improved signal timing. 2) Realign Cedar Street to improve land utilization. 3) Pursue development of Fallon Avenue overpass. 4) Pursue upgrading Highwy 25 to a 4 -lane highway. Motion carried unanimously. 11. Consideration of contmetine for assislance with huildine inspections. Assistant Administrator O'Neill outlined a proposal to contract out for short-term building inspection needs while the City develops a plan for addressing its overall work force. Under the proposal, the City would hire an inspector through Paul Waldron Associates at the rate of $24 an hour. This rate includes all expenses, including liability insurance and transportation. There is no charge to the City for transportation time to and from the city. O'Neill outlined reasons supporting the proposal. The inspector assigned to Monticello would he completely trained in residential construction and would have complete familiarity with the Page 10 0 Council Minutes - 5/9/94 building code. Training time for this individual would be minimal, thereby providing our current Building Inspector with immediate assistance. 2. Contracting out buys the City time to fully analyze building inspections. planning and zoning, and public nuisance enforcement needs and gives us time to determine the level of staffing needed to satisfy those needs. 3. The immediate need can be addressed without further delay. On the other hand. hiring a training student out of a technical college or a carpenter off the street will take time. Funds arc available. In the past, it's been the philosophy of the City to charge building inspection services at a rate equal to expenses. In 1993, however, the City made far more money than it spent on building inspections; therefore, revenue is available from this funding source to provide this service. Clint Herbst was concerned that $24 per hour is too high and the City might be able to save more by hiring a less -qualified individual and then have Gary train that person in. Paul Waldron was present to inform Council that the person he would send to Monticello would be fully qualified and able to work immediately. He understands that this is a short-term situation and that there is no commitment from the City to keep this person here any longer than is absolutely necessary. Gary Anderson indicated that utilization of inspectors from Albertville and Elk River have not been fully explored and these cities have people available. After discussion, a motion was made by Clint Herbst and seconded by Patty Olsen to table further consideration of hiring a private contractor to assist in building inspections pending collection of additional information regarding alternatives. Voting in favor: Clint Herbst, Shirley Anderson, Patty Olsen, Brad Fyle. Opposed: Warren Smith. 12. Consideration of rezonine Outloty C and D of Meadow Oak Estates from R- PU. to R-1. Assistant Administrator O'Neill informed the City Council that the Planning Commission has recommended approval of the proposed rezoning based on the finding that the design of the Eastwood Knoll subdivision is Page 11 G) Council Minutes - 5/9/94 consistent with the original design goals of the planned unit development. The R-1 zoning district designation is necessary because this designation and the district rules contained therein will be consistent with the land use as proposed under the subdivision design. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to approve the rezoning of Outlots C and D of Meadow Oak Estates from R -PUD to R-1. Motion tamed unanimously. SEE ORDINANCE AMENDMENT NO. 250. 14. Consideration of reviewine oroaosals offered for purchase and development of Outlots C and D. Meadow Oak Estates. Rid, lYo!L tc!lcr, City Administrator, reviewed the two responses to the RFP, one coming from Value Plus Homes of Monticello and the other from S & J Investment and Finance, Inc., out of Anoka. Wolfsteller noted that the Value Plus proposal actually required that the City kick in an additional $13,000 in cash along with giving the land away fur nothing in order for the proposal to work. This proposal does not seem feasible at this time. The purchase price offered by S & J Investment was $104,000 which equates to $6,500 per acre for the 16 -acre parcel. However, the S & J design calls for 35 lots and would require significant grading and associated tree loss. Clint Herbst noted, "I'm glad we went out and tried to market the property. We have satisfied our conscience that private developers have had an opportunity to purchase the land." After discussion, a motion was made by Clint Herbst and seconded by Shirley Anderson to reject all proposals submitted and proceed with the City developing Eastwood Knoll plat as planned. Motion carried unanimously. 15. Consideration of it resolution orderine plans and suecificat.ions for the Eastwood Knoll subdivision. Aoolicant. Citv of Monticello. Cuuncil discussed whether or not to order plans and specifications for completion of improvements to Eastwood Knoll subdivision. Rick Wolfsteller, City Administrator, reported that the preliminary plat design as accepted by the City Council requires that the City purchase lots now owned by Dickman Knutson adjoining Meadow Oak Avenue. The delinquent taxes and penalties and interest currently exceed the market value of the lots, and it is likely that the lots will become available to the City through the tax forfeiture process. To expedite completion of the project, the City could purchase these lots at a price equal to the Page 12 �� Council Minutes - 5/9/94 outstanding taxes on the property rather than wait for the tax forfeiture to be completed. Under this scenario. Dickman Knutson would have to be willing to let the land go for the amount in taxes. Wolfsteller requested that City Council delay authorization to complete plans and specifications until the City has control over the land needed to connect Meadow Oak Avenue to the interior roadway within Eastwood Knoll. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to table ordering plans and specifications for the Eastwood Knoll subdivision but authorize preparation of the final plat contingent on the City Administrator obtaining an agreement from Dickman Knutson regarding City acquisition of properties needed for the extension of the interior roadway. Motion carried unanimously. 13. Consideration of auorovine oreliminary plat of the Eastwood Knoll subdivision. O'Neill informed Council that the Planning Commission has recommended a new design that features changes to the plan that satisfy concerns voiced by area residents and City staff. The major change is the introduction of an additional intersection that inhibits use of the collector road as a throughway. The plan also provides a connection between the two subdivisions that falls at a position west of the original one, which further reduces Lite appeal of the collector as a roadway. Bret Weiss, City Engineer, reviewed the subdivision preliminary plat in more detail. Bob Grieman, representing the Meadow Oak Estates neighborhood, expressed his thanks for the deliberate process which the City followed in completing this design. It is his view that the design as proposed is acceptable to the neighborhood. After discussion, a motion was made by Clint Herbst and seconded by Shirley Anderson to accept the plat as presented and recommended by the Planning Commission. Motion carried unanimously. 16. Consideration of feasibility studv for realivriment of Cedar Street Lit County Road 117 (East Oakwood Drivel Lind resurfacine of East 7th Street between Hiehwav 25 and Cedar Street. ,John Simola, Public Works Director, reported that two areas have been identified as priorities for street improvements. The first one is the existing alignment of Cedar Street at Oakwooti Drive. In this area, there have been recurring drainage problems as well as :in alignment pnihlem. In this area we have sufficient right-of-way to renlig;n the intersection Lind to regrade the boulevard to correct drainage prohlems. Since Cedar Street is a state aid Pulte 13 0 Council Minutes - 5/9/94 road, we have the option of either using our street budget or state aid maintenance funds or state aid construction money to fund the cost of the improvements. The other priority is 7th Street between Highway 25 and Cedar Street. The street surface is in need of repair. It is broken up enough to require construction rather than a simple overlay. The options for funding this street section are the same as the Cedar Street improvements. After discussion, a motion was made by Shirley Anderson and seconded by Patty Olsen to authorize OSM to complete the feasibility study at a cost not to exceed $1,000. Motion carried unanimously. 17. Consideration of specifications for obtaininc bids for contract movrirr operations. John Simola reported that in 1993 the City Council requested that staff look at the possibility of contract mowing as a cost-saving measure or to put off hiring of additional full-time people and purchase of additional mowing equipment. Clint Herbst questioned why we would be obtaining bids for contract mowing operations when we just purchased a new lawn mower just weeks ago. John Simola reported that it was requested to prepare this bid specification and that a need for the lawn mower exists with or without contracting the bulk of lawn mowing services. After discussion, a motion was made by Patty Olsen and seconded by Brad Fyle to advertise for bids for mowing services to be returned and considered at the May 23 Council meeting. Motion carried unanimously. Jeff O'Neill Assistant Administrator Page 14 y Council Agenda - 5/23/94 a. Public Henrina--Consideration of resolution vacatine a portion of undeveloped 7th Street. Petitioner. Citv of Monticello. (R.W.) A. REFERENCE AND BACKGROUND: At the previous meeting, the Council tentatively agreed to accept an offer from Land Projects Partnership for the purchase of approximately a 10,000 sq ft parcel consisting primarily of undeveloped 7th Street right-of-way located west of Locust Street. As you may recall, Land Projects Partnership had offered to purchase the parcel for the sum of $18,000 contingent upon the City Public Works Department installing two sanitary sewer service stubs to the parcel as part of the anticipated 7th Street townhouse project water main looping. The estimated cost of the sanitary sewer stubs was between $2,000 and $3,000, which should result in the City receiving approximately $15,5011 to $16,000 for the property. Since most of the property in question was originally platted 7th Street right-of-way that is no longer needed for roadway purposes, the City must first hold it public hearing and officially vacate this portion of the right-of- way lying west of Locust Street. If the vacation is approved by the City Council by adoption of it resolution, the City then becomes the owner of the property and can sell the property in tiny manner it chooses. Since this was one of the original platted right -id -ways from the 1800's, the City is in a unique position in that it becomes the owner of any unused vacated right-of- way and does not have to give the properly to the abutting parcels. Although Land Projects Partnership is the adjacent property owner, the City has the right to sell the property for fair market value, which is what we are now doing. 13. ALTERNATIVE ACTIONS: After the close of the public hearing, the Council can adopt a resolution vacating that portion of 7th Street lying west of Locust and agree to accept the offer of $18,000 for the parcel from Lend Projects Partnership. If there is opposition front the public to the vacation or if the Council has it change of heart, do not adopt the resolution. Under this option, the road would remain its it platted right-of-way but would unlikely be developed for such purpose, as it dead -ends into the Hornig townhouse development. Council Agenda - 5/23/94 C. STAFF RECOMMENDATION It is the staffs opinion that the potential use of this property as street right-of-way will never be necessary and that it would he in the public's best interest to vacate the street and attach this remnant parcel to the abutting property owner's larger parcel. The resulting new parcel will be approximately 1 acre and is more likely to be developed in a better manner with the larger parcel than if the City were to sell the 10,000 sq ft parcel by itself. In addition, both the Public Works Director and myself feel that the price offered is an acceptable price, and the City should continue with the sale to Land Projects Partnership. u. SUPPORTING DATA: Copy of proposed resolution; Map depicting area in question to he vacated. RESOLUTION 94 - RESOLUTION VACATING A PORTION OF WEST 7TH STREET RIGHT-OF-WAY WHEREAS, a new 7th Street right-of-way alignment has been established from Locust Street to Minnesota Street in 1990, and WHEREAS, it has been determined that the original 7th Street right-of-way west of Locust Street lying adjacent to Lots 3, 4, and fi, Block 7, will not be needed for future right-of-way purposes, and WHEREAS, a public hearing was held on May 2:1. 1994, before the City Council in the city hall after due notice was published and mailed to alTected properly owners, and all persons interested had heen given an opportunity to be heard, and WHEREAS, it appears that it will be in the best interest of the City to vacate this segment of 7th Street lying west of Locust Street. NOW, THEREFORE, BE IT RESOLVED TUTAT the vacation of originally platted 7th Street lying west of Locust is hereby approved. Adopted by the City Council this 23rd day of May, 1994 City AdministratAn, k Mayor Council Agenda - 5/23/94 Consideration of a conditional use Permit allowing a church facility to operate in an R•1 zone. Atmlicant. A Glorious Church. W.O.) A. REFERENCE AND BACKGROUND: For the sake of efficiency, you are provided the same information as was provided to the Planning Commission. The Planning Commission recommended approval under alternative U. A G1or�ous e`cura�t, ~�"`•eta ., _ �I 34 raw I � � \u u e s�+1 d-�...ie..�Y.�Lo i� iJV. '�•• :=DENNIS BATTY ]=ARCHITECTOCSS A GLORIOI 6060 OIUMOLE CREEK PARKWAY MPLG., MINNE00TA 59400 Mc eta-ee0-W4 Planning Commission Agenda - 5/3/94 A_ Public Hearine--Consideration of a conditional use oermit allowing a church facility to oDerate in an R-1 zone. ADDIiCant- A Glorious Church. (J.O.) A. REFERENCE AND BACKGROUND: Planning Commission is asked to consider granting a conditional use permit allowing A Glorious Church to develop a church facility at a location along East 39. The request is nearly identical to the request approved by the City Council on November 13, 1990. Those of you that were on the Planning Commission at that time recall that the request was reviewed and approved by the Planning Commission on November 7, 1990. The only aspect of the site plan and proposal for the facility that has changed is the request by the church that they be allowed to install the parking and landscaping during the construction season subsequent to the season in which the church facility is built. Due to limitations in obtaining bank financing for church facilities, it is difficult for the church organization to gather the funds necessary to do the church construction and the completion of the site improvements simultaneously. Allowing the development to occur without developing parking immediately would be precedent -setting; however, according to the Planner, the precedent would be limited to church facilities in the R-1 zone. The precedent could not he applied to justify deferral of parking and landscaping improvements for a business in a B-3 zone. Nonetheless, allowing deferral of parking and landscaping does set a precedent for other churches developing in R zones, and perhaps the Planning Commission does not want to open up this door. I do not have a complete recollection of what the City has done with other churches; however, I do recall that the Baptist Church on 4th Street was allowed to defer completion of their parking facility for a number of years; however, they were not allowed to operate without installation of a screening fence, which they did construct. B. ALTERNATIVE ACTIONS: Q / tel. Motion to approve the conditional use request with the following V a► conditions (same as I V7/90 except for "E"): �r A. i City approval of a parking lot, landscaping, and screening plan. Adequate screening of the parking lot area from abutting residential uses and landscaping must be provided. The screen must be at least 6 ft high and achieve 90% opacity. The screen (V Planning Commission Agenda - 5/3/94 must consist of either a berm, solid fence, or landscape plantings. Installation of the parking lot screen shall occur at such time that the adjoining residential property is platted. B. City approval of drainage plan must be obtained prior to issuance of a building permit. C. City approval of landscaping plan must be obtained prior to issuance of a building permit. The landscaping plan should include 30 overstory trees to be planted along the perimeter of the developed portion of the property and spaced approximately 35 ft apart. Additional development will precipitate additional plantings. D. City approval of exterior treatment of structure must be obtained to ensure compatibility with the neighborhood. Steel exterior materials shall be limited to L2 of the available wall surface. E. Installation of parking lot facilities and landscaping may be deferred to the construction season following occupancy of the church facility. This alternative could he approved based on the finding that the church facility as proposed with conditions as attached is consistent with the comprehensive plan and is compatible with the existing and future character of the adjoining R-1 zone. Motion to deny the conditional use request. Planning Commission should select this alternative if it does not agree with the finding as noted under alternative N1. Planning Commission could take the strict view that the landscaping and parking should be installed simultaneous to development of the church. Since the City cannot obtain a financial guarantee that these improvements will be put in place, there is no way except for the word of the church that the City can force installation of improvements required under the ordinance. By allowing the development to occur without assurance that these items will be completed and by allowing occupancy of the structure before these items are completed, the City loses much of the power it has to assure completion of improvements without needing to take legal action. Planning Commission Agenda - 5/3/94 STAFF RECOMMENDATION: Staff recommends alternative #1 with regard to the deferral of the installation of parking and landscaping, etc. It is our view that the precedent set by allowing the deferral of these improvements has been set by previous action and that the risk of setting a city-wide precedent that could be applied to industrial/commercial uses is not significant. Finally, this alternative is sensitive to the financial constraints of churches and may represent a reasonable compromise allowing a church to develop within its financial constraints without eliminating important City landscaping and parking requirements. D. SUPPORTING DATA: Copy of meeting minutes—previous application. 0 -� Planning Commission Minutes - 11/7 90 Public Hearinq--A conditional use request to allow a church facility in an R-1 (single familv residential) zone. Applicant, A Glorious Church. Jeff O'Neill, Assistant Administrator, explained to the Planning Commission members and the public A Glorious Church's request to allow a church facility in an R-1 (single family residential) zone. Mr. O'Neill explained through a video presentation how a church facility located on a portion of this subdivided unplatted tract of land would be reflected with the surrounding residential properties and residential zoning around it. He went on to explain how the landscaping requirements and parking lot screening requirements would affect this property with the proposed use of a church facility on the property. Acting Chairperson, Cindy Lemm, opened the meeting for input from the public. A Glorious Church representatives were present to answer any questions that the Planning Commission members may have on their proposed project. With no further input from the public, Acting Chairperson, Cindy Lemm, then closed the public hearing and opened the meeting for input from the Planning Commission members. Planning Commission members discussed how the property would be screened and how the proposed landscaping would remain as is or subject to their approval at tonight's meeting. Commission members felt this would be a good use for the property and had no problem with the church being located at this property. With no further input from Planning Commission, a motion was made by Richard Carlson, seconded by Richard Martle, to approve the conditional use request with the following conditions: A. City approval of the parking lot landscaping and screening plan. Adequate screening of the parking lot area from abutting residential uses and landscaping must be provided. The screen must be at least 6 feet high and achieve 90% opacity. The screen may consist of either a berm, solid fence, or landscape plantings. Installation of the parking lot screen shall occur at such time that the adjoining residential property is platted. B. City approval of drainage plan must be obtained prior to Issuance of a building permit. C. City approval of landscaping plan must be obtained prior to issuance of a building permit. The landscaping plan should include 30 overstory trees to be planted along the perimeter of the developed portion of the property and spaced approximately 35 feet apart. Additional development will precipitate additional plantings. D. City approval of exterior treatment of structure must be obtained to insure compatibility with the neighborhood. r Steel exterior materials shall be limited to one-half of y 9j the available wall surface. Planning Commission Minutes - 11/7/90 The above conditions were subject to the conditions that prior to a building permit application, the applicant must come back to the Planning Commission members for review of the following conditions: a. City approval of a parking lot landscaping and screening plan. Adequate screening of parking lot area from abutting residential uses and landscaping must be provided. The screen must be at least 6 feet high and achieve 908 opacity. The screen may consist of either a berm, solid fence, or landscape planting. Installation of the parking lot screen shall occur at such time that the adjoining residential property is platted. b. City approval of drainage plan prior to issuance of building permit. C. City approval of the landscaping plan prior to issuance of building permit. The landscaping plan shall include 30 overstory trees to be planted along the perimeter of the developed portion of the property and spaced approximately 35 feet apart. Additional development to precipitate additional plantings. d. City approval of exterior treatment of structure to insure compatibility with neighborhood. Steel exterior materials shall be limited to one-half of the available wall surface. Motion carried unanimously, with Dan McConnon absent. Reason for approval: 1. Church development at this site is consistent with the comprehensive plan. 2. Church development at this site is consistent with the geographical area involved. 3. Church development will not tend to or actually depreciate the area. 4. Church development is consistent with the character of the surrounding area. Council Minutes - 11/13/90 outlines the formula and method for use of the sale proceeds to finance payment of assessment debt against the original parcel. Motion carried unanimously. 5. Consideration of a conditional use permit which would allow oaeration of a church facility in an R-1 (sincle familv residential) zone. Aoolicant, A Glorious Church. Assistant Administrator O'Neill informed Council that the Planning Commission has recommended approval of the conditional use permit subject to the following conditions: 1. Planning Commission review and approval of parking lot, landscaping, and screening plan; adequate screening of parking lot area from abutting residential uses; and landscaping must be provided. The screen must be at least six feet high and achieve 90% opacity. The screen may consist of either berm, solid fence, or landscape planting. Installation of the parking lot screen shall occur at such time that the adjoining residential property is eligible for issuance of a building permit. 2. City approval of drainage plan. 3. Planning Commission review and approval of landscaping plan. 4. Planning Commission review and approval of exterior treatment of structure to ensure compatibility with neighborhood. Steel exterior material shall be limited to one-half of the available wall surface unless otherwise approved by the Planning Commission. After discussion, motion was made by Fran Fair, seconded by Shirley Anderson, to approve the conditional use permit along with conditions noted based on the finding that church development as proposed with the conditions as attached is consistent with the comprehensive plan and is compatible with the existing and future character of the adjoining R-1 zone. Motion carried unanimously. Page S 611. TO e\, -V- (z\\IF-V- H0K)-rtCFL.1Lo extr -TO orwtt,) ci-rjp_,5 Pl, & L OTL t 0 0 t, CW 0¢.c- 4 TV-0,PTQ.T-1 L-Oc-wrko1) ti l�"�j I.PPaOX. i P►��Ci Nt, 4 Rb.`6E Coe r ,�� pN►,Se3, � 1 r �, �, �,Lo'�.' •SOV ti to v 1 I r A D OFrgoA,rON VV'Y. w 39 comrCer LOOKING WE5 u Council Agenda - 5/23/94 Consideration of a variance reauest which would allow Dlacement of a Rion on a oublic rieht-of-way. ADDlicanL Monticello-Bie Lake Hosaital District_ (J.0.) A. REFERENCE AND BACKGROUND Council is asked to consider granting a variance which would allow placement of a pylon sign near the end of the canopy serving the new Hospital District clinic addition. The need for the variance stems from the request to place the pylon in the green area of Hart Boulevard. Under normal circumstances, there would be little chance for approval of this request; however, i n this situation, there is a unique circumstance which caused the Planning Commission to recommend approval of the variance request. This situation is unique because the location proposed for the sign is in an area proposed to he vacated at some point in the near future. As you recall, when the City completed the joint planning study with the Hospital District, the plan called for vacating a portion of Hart Boulevard and selling it to the Hospital District. The District would then take the land provided to them through the vacation and incorporate it into their parking lot scheme, which would yield additional parking spaces needed to satisfy the demand created by the existing and potential new expanded facilities. The plan also called for developing a new CSAH 75 access point for Hart Boulevard, which would replace the access lost with the vacation. It appears that the Hospital District is committed to the plan as contemplated and, therefore, it would appear reasonable to allow the Hospital District to utilize the boulevard for placement of the pylon sign in anticipation of vacation of Hart Boulevard. The Planning Commission recommended alternative 111 below. 13, ALTERNATIVE ACTIONS Motion to grant the variance allowing placement of a sign on a public right-of-way hosed on the likelihood that Hart Boulevard will be vacated in the neur future. The variance is contingent on the following: The Hospital District shall enter into an agreement with the City indemnifying the City of any liabilities associated with placement of the sign in the boulevard. If someone crashes into the shah, the City would, therefore, not be liable for injuries, etc. Council Agenda - 5123/94 The agreement must also state that the sign will be removed by the Hospital District in the event that the street vacation dues not occur within the time frame identified under condition N2. 2. The Hospital District must execute the redevelopment of their parking lot and the associated street vacation process must be completed within one year after CSAH 75 is upgraded to a 4 - lane highway. According to the City Engineer, the logical timing for the upgrade to the parking area should be after CSAH 75 is widened. It is expected that this section of roadway will be upgraded to a 4 -lane within 2-5 years. 2. Motion to deny the variance request which would allow placement of a sign on a public right-of-way. Under this alternative, City Council could take the position that the sign should not be placed on the boulevard under any circumstances and that the current situation is not sufficiently unique to warrant a variance. Allowing the sign placed at this location would set a bad precedent due to the fact that the situation is not sufficiently unique. C. STAFF RECOMMENDATIW Staff recommends alternative q1. It is my view that this is a unique situation that justifies placement of the sign on the boulevard. If alternative #1 is selected, City staff will refer the matter to the City Attorney for preparation of the documents necessary to indemnify the City against any potential liabilities associated with allowing the Hospital District to place the sign on the boulevard. D. SUPPORTING DATA: Graphic showing sign; Letter from Monticello -Big Lake Hospital District. II ,1 IS �� L ZUIVI BRUNNEN "Orr' tr" Ophthalmology MEDICAL BUILDING I Associates Physical Theroply Sports Medicine Orthopedic Surgeons The Monticello Clinic —4—. J!" Monticello L Clinic­* Physicians Riverploce Physicians 1 I Future _X Tzv I% w... Fw N DOUBLE FACED PYLON SIGN _2 %WALL MOUNT TENANT DIRECTORY w__ !ONTICELLO BIG LAKE COMMUNITY HOSPITAL DISTRICT HOSPITAL - I013 Ilan Rhd., PO, R- OWL Atmliccllo, MN 55162 16121195-I94S G NURSING IIOME - 110+ F. Ri. Slr-l. P..O.IW. 158, A ,Micrllo, MN 55D62 16121 295-511h COUNSELING CEN I ER - 407 Washingum, Mun icello, MN 55162 1612) 295.4= 1ED TO SEaJ AMBULANCE SERVICE - 1011 Ilan Bbd., P.O. go. 480, Aanitt ello, MN 55162 (h)21295-2111 To the Monticello City Council: The Monticello -Big Lake Community Hospital District Board of Directors participated in a study of access and land use of District property and Hart Boulevard as prepared by the City Planner in 1993. During the recent clinic construction the access road from highway 75 was constructed across the south parking lot. Full access will be accomplished at the time highway 75 is expanded to four lanes. The Board also authorized the completion of platting of the District property. This project is currently underway and should be completed by mid-June, 1994. Further plans for roadway and parking lot development will be considered by the Board of Directors following completion of the plat and in conjunction with their strategic planning process for 1994-95. We will keep you infonned of our plans. Sincerely, Barbara Schwientek, Executive Director BS:kl J Council Agenda - 5/23/94 �. Consideration of Allowing Country Club Manor Ballfield to he reserved for structured nractiees by vouth teams. LI.O.I REFERENCE AND BACKGROUND: Last week, City offices received complaints from residents adjoining Country Club Manor field regarding structured use of the Country Club Manor field by a youth ball team. The youth ball team consists of children at the "Willie Mays" level, which includes 9 and 10 year olds. The team utilizing the field has been unable to find fields available at other city and school district ballfield locations. Apparently, there is a shortage of fields at this time, which will not be relieved until the Little Mountain School District fields come on line sometime later this spring or summer. The basic question that the City Council is asked to consider is whether or not it is appropriate to allow this field to he reserved for structured practices by teams from outside the neighborhood. The argument for allowing the structured practice to occur is as follows. Currently there is a severe shortage of fields, and it has, therefore, been difficult for teams to find arms fir practice. The Country Club hallfield is a resource that could he used by some of the youth teams. In order for this resource to he acceptable on it structured basis, it appears important that teams he allowed Lo reserve the field in advance. Under the current policy, the fields are available on it first-come, first -serve basis. It is very difficult for an organized tenon to operate in this fashion. You can understand the problem that results when parent~ drop children off at it field for structured practice at it certain time only to find that the field is occupied by three or four neighborhood children. The practice at that point either needs to be rescheduled or delayed until the children currently using the field leave the premises. The arguments against allowing the fields to he reserved ore as follows. The Country Club Manor hallfield is an isolated park imbedded in the hack yards of it neighborhood. Any structured practices will bring residents from outside the neighborhood, which will result in on -street parking affecting traffic safely in the neighborhood and the livability of the residences in the area. An argument could he made that local residents should not have to suffer due to the fact that the City made an error in the layout of the original park and that due to the unique circumstances in this case, reserved use of the park by teams should not he allowed. Council Agenda - 6/23/94 As you will note in the attached minutes of the Parks Commission meeting, the Parks Commission recommended that the park be allowed for city-wide use. However, they recommended also that the park be allowed for open use on a first-come, first -serve basis. Therefore, the Parks Commission action did not completely satisfy the need of organized groups that might want to use the field on a limited but reserved basis. The recommendation by the Parks Commission would allow any youth team to use the field at any time as late as 1/2 hour after sunset. In the recommendation, the Parka Commission also stated that use of the field by any organized group or by a group of children playing a pickup game is limited to 1 1/2 hours. This would limit the amount of time that any group could occupy the field; however, again, this provision would not satisfy the need of an organized team to establish a specific time for use of the field. In other words, the Parks Commission recommendation, though establishing a more clear policy on use of the park for team practice, did not completely address the problem faced by the organized teams. B. ALTERNATIVE ACTIONS: 3z 1. Motion to adopt the Parks Commission recommendation. 14 cr! �r 'Js rd:c��s•Y 2. Motion to adopt a modified Parks Commission recommendation. Under this alternative, City Council may wish to allow the field to be used on a first-come, first -serve basis for most of the timenA allow the field to be reserved for a limited number of hours per day for a limited number of days. Perhaps Council could modify the Parks Commission recommendation by stating that the field would be available for use on Mondays and Wednesdays on a reserved basis between the hours of 4:30 and 6 p.m. Under this scenerio, the Willie Mays coach would call into city hall to reserve that block of time, which would give him the right to ask anyone playing on the field at that time to leave the premises. This would also give the Willie Mays team the right to use the field at any other time as long as some other group is not using it. Motion to allow structured practice on a restricted basis. Under this alternative, Cho City Council might designate certain hours during the week that structured play would be allowed on a reserved basis only. Perhaps the field would be available for reserved use between the hours of 4 p.m. and 6 p.m, Monday and Wednesday. Council Agenda - 5/23/94 Under this scenerio, the Willie Mays team would he allowed to use the field (if reserved) between the hours of 4 p.m. and 6 p.m. on Monday and Wednesday. The team, or any other team, would not be able to use the field at any other time. C. STAFF RECOMMENDATION It is our opinion that at least for this particular group and season, alternative #2 would work better (reserving a block of time). I also agree that the park should be available to all citizens, but any organized practice should be limited to groups of younger players, not teenagers or adults because of the smaller size of the park. I believe reserving the facility for this group will eliminate potential confrontations with just a "couple" of kids being able to take over the park and stop organized groups from utilizing fields. D. SUPPORTING DATA: Copy of the Parks Commission meeting minutes; Letter from Tom Eidem to area residents dated July 21, 1986.