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City Council Minutes 09-10-2001MINUTES i REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, September 10, 2001 - 7 p.m. Members Present: Roger Belsaas, Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen. Members Absent: None 1. Call to Order. Mayor Belsaas called the meeting to order at 7:05 p.m. and declared a quorum present. 2.A. Approve minutes of August 27, 2001 regular Council meeting. ROGER CARLSON MOVED TO APPROVE THE MINUTES OF THE AUGUST 27, 2001 REGULAR COUNCIL MEETING. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2.13. Approve minutes of August 27, 2001 Budget Workshop meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE AUGUST 27, 2001 BUDGET WORKSHOP. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Televising of Planning Commission meetings was added to the agenda. 4. Citizens comments/petitions, requests and complaints. None. 5. Consent Agenda A. Consideration of ratifying new hires for Monticello Community Center and Liquor Store. Recommendation: Ratify the hiring of the part-time employees for the Monticello Community Center and Liquor Store as identified. B. Consideration of a request for amendment of Zoning Code, Chapter 13, Section 13-4 [J]5, reducing side yard setbacks to 10 feet - Applicant City of Monticello. Recommendation: Adopt ordinance amendment removing the special 20 foot side yard setback for pet hospitals as considered by conditional use permit in the B-3 Zone. Ord. Amd. #364. C. Consideration of a request for a conditional use permit allowing a planned unit development in a residential district. Applicant - Scott Dahlke. Recommendation: Council Minutes - 9/10/01 Approve the concept stage PUD subject to the following conditions: Prior to Development Plan stage approval, the following plans are submitted: 1) Landscape Plan; 2) Grading and Drainage Plan; 3) Building Elevations and 4) Preliminary Plat. 2. In addition to the trees shown on the site plan, additional plantings be provided within the interior "garage court" area of the site and along the perimeter of the proposed townhome buildings. The City Engineer provide comment and recommendation in regard to the acceptability of the temporary private driveway and issues associated with the required licensing requirement for such condition. 4. Sidewalk connections be provided on the north and south sides of the eastern townhome building, connecting the interior "garage court" with Elm Street. 5. A mailbox structure (for the eight townhome units) be erected along Elm Street adjacent to one of the recommended sidewalks. Design details for the mailbox structure shall be submitted prior to Final Stage PUD approval. 6. The City Engineer provide comment and recommendation in regard to drainage and utility issues. 7. A pathway connection shall be provided south of the subject property (along West Fourth Street) with a design to be determined. This proposal is approved based on the findings that the proposal is consistent with the Comprehensive Plan; the proposal is compatible with existing land uses in the area; the proposal satisfies the provisions of the Zoning Ordinance and the proposal is consistent with the City's use of Planned Unit Development with appropriate landscaping and architectural design. D. Consideration of ordinance annexing 66 acre tract of City owned commercial land located north of Kjellberg West Mobile Home Park. Recommendation: Adopt ordinance annexing the City owned property. Ord. Amd. #365. E. Consideration of bids and awarding contract Walnut Street Corridor Improvements Project No. 2000-17C. Recommendation: Adopt resolution accepting bids and awarding contract to Marthaler Companies, Inc. in the amount of $256,199 with the lighting for the project to be installed under separate contract with Xcel Energy. Res. No. 2001-60. F. Consideration of approval of final plat for Monticello Travel Center. Recommendation: Approve final plat subject to review by City Attorney and City Engineer and subject to establishment of a plan/method for assuring completion of necessary improvements on lots adjacent to a lot under development. Res. No. 2001-61. Clint Herbst requested that Item 45D be pulled for discussion. Public Works Director, John Simola requested Item #5E be pulled for discussion of the lighting for the project. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS 45D AND #5E. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2 Council Minutes - 9/10/01 6. Consideration of items removed from the consent agenda for discussion. Item #5D - Annexation of City owned land - Clint Herbst felt that if the City questions the validity of the MOAA Board, the City should not be taking any action on annexation requests until the issue of the validity of the MOAA Board is resolved. Deputy City Administrator, Jeff O'Neill stated that the land is owned by the City and therefore it is not required to have a public hearing in order to annex it into the City. Since the sewer line for the Kjellberg West Mobile Home Park will need to run through this area it was felt the parcel should be in the City limits. The property meets all the criteria of state statutes for annexation. Bruce Thielen pointed out that the Council had discussions on annexation at previous meetings and the majority of the Council felt that the MOAA Board was no longer a valid entity. BRUCE THIELEN MOVED TO ADOPT AN ORDINANCE ANNEXING CITY OWNED PROPERTY KNOWN AS THE REMMLE SITE. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH CLINT HERBST AND ROGER BELSAAS VOTING IN OPPOSITION. Item #5E Walnut Street Corridor - Mayor Belsaas noted that based on the engineer's review of the bid items, the contract amount was lower than originally stated. Public Works Director, John Simola provided some information on the lighting for the project area. -hhe lighting design has been forwarded to Xcel Energy and the City is awaiting cost figures from them. It is estimated that overall costs for the lighting will run around $80,000-$90,000. John Simola also indicated that the pavers would be going in the area where the wiring and the light bases would be placed which means that the placing of the pavers would have to be held up until the lighting work could be done. When the information is received from Xcel Energy this item will come back to the Council. BRUCE THIELEN MOVED TO ACCEPT THE BID FROM MARTHALER COMPANIES, INC. IN THE AMOUNT OF $248,572.71 FOR THE WALNUT STREET CORRIDOR IMPROVEMENTS PROJECT NO. 2000-17C. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Public Hearing - Consideration of adoption of an ordinance annexing property to the City of Monticello - Groveland Third Addition. Jeff O'Neill stated that under current state statutes regulating annexation this parcel required a public hearing. The entire Groveland Development had received approval from the MOAA Board and this annexation request was the fifth for the Groveland area and encompassed the area that would make up the Groveland Third Addition. The property in questions is less than 60 acres and is contiguous to the City and could be annexed into the City by ordinance following the public hearing. It was pointed out that the City was in receipt of a letter from the township attorney addressing the question of the validity of the MOAA Board. Court action would bring the issue to a head. Clint Herbst questioned if the City proceeds under state statutes with the annexation what J Council Minutes - 9/10/01 happens to these annexations if the court determines the MORA Board is still a valid entity. Mayor Belsaas opened the public hearing. Franklin Denn, representing Monticello Township, spoke on the history of the MOAA Board and the efforts of the two communities to make the orderly annexation agreement work. He stated that land use plan adopted by the MOAA Board in 1999 was a good plan and that there was nothing in the appellate court's decision that disbanded the MOAA Board. He stated the township did not understand why the City was by-passing the MOAA Board on this annexation and he felt aborting the MOAA agreement was not in the best interest of the City or the Township. Mr. Denn stated that he felt this was an instance where one community felt it was necessary to dominate the other. He felt joint planning was for the good of the communities. He reiterated that the township was objecting to the annexation. Ted Holker, also representing Monticello Township, questioned how the Council members who voted for the MOAA land use plan could now abandon it. Bruce Thielen clarified that the land use plan was not voted on by the entire Council. Mayor Belsaas then closed the public hearing. Brian Stumpf felt there was no reason to delay annexation of this parcel. BRIAN STUMPF MOVED TO ADOPT AN ORDINANCE ANNEXING THE PROPERTY COMPRISING GROVELAND THIRD ADDITION. BRUCE THIELEN SECONDED THE MOTION. In further discussion, Roger Carlson agreed that there was no reason delay the annexation. Roger Belsaas said he didn't disagree with the annexation but with the method that the Council was using. Clint Herbst stated that he didn't feel the process was appropriate. He noted that this property and the Remmle property were ready to come in but method the City was using to bring it in was suspect. Bruce Thielen felt that operating under state statutes on annexation issues would take some of the political wrangling out of the process. Brian Stumpf pointed out that certain criteria still had to be met before annexation could take place and he felt by going with state statutes it would lessen the headaches for both entities. Clint Herbst stated that City has to look at the impact on abutting properties and Bruce Thielen responded that is why the City adopted a comprehensive plan. Clint Herbst also felt that going outside the MOAA Board would open the City up to a lot of pressure by developers. Bruce Thielen felt it was important for the City to take the role of planning for its future. Roger Carlson added that the MOAA Board created another level of bureaucracy on both communities and he didn't see that as a benefit. He also noted that had there not been disagreement between the City's comprehensive plan and the MOAA plan this situation never would have come about. UPON VOTE BEING TAKEN, MOTION CARRIED WITH ROGER BELSAAS AND CLINT HERBST VOTING IN OPPOSITION. 4 Council Minutes - 9/10/01 8. Public Hearing - Consideration of ordering plans and specifications for Gillard Avenue pathway segment. City Engineer, Bret Weiss, explained three proposals that were looked at as far a constructing a pathway along Gillard Avenue. 1. Widen the shoulder - This option would widen the existing road an additional 6' to provide an on -road path. Estimated cost for this project is $44,000. Although this is a less expensive option it would not provide a pathway that is separate from the roadway. 2. Separated 8' bituminous pathway - This option would construct an 8' pathway on the home side of the existing ditch. Estimated cost is $57,000. Estimated cost could be affected by the amount of landscaping involved and the need for additional easements. 3. 5' Concrete Sidewalk -There would be a 5' separation between the road and the concrete sidewalk. The estimated cost for this option is $60,000. This option would have the least impact on the property owners and would provide a separation from the road. Bret Weiss noted that no survey work has been done in the area and that this could possibly affect the cost estimates although he did feel the cost estimates were close. Roger Carlson asked if any easements would need to be acquired if the sidewalk option was pursued. Bret Weiss indicated that no easements would be needed. Bruce Thielen felt it was important to look not only at this segment of pathway but also creating the loop. He felt the City should look at this project in two parts; one part being the pathway segment on Gillard and the other the off-road segment along County Road 39. There was some concern about having a trail segment created that was not connecting to another point. It was noted that while the County may not be adverse to some type of off-road trail along County Road 39 it was unlikely that they would participate in the cost. Brian Stumpf asked whether any grants such as the ISTEA funds would be available for this. Bret Weiss stated that there were quite a number of applicants for a limited amount of funds and since the City had already received two ISTEA grants, he did not believe the City's chances of getting funding for this project was very good. The staff will check into other possible sources of funding sources however, without firm figures it will be difficult to know what to apply for. Mayor Belsaas stated that he was not comfortable with placing this segment of trail on the grid system and with the 75/25 cost participation. He stated that in other areas the developer picked up the cost of the trail. Brian Stumpf felt the City should participate in the cost but thought a 25% cost by the City would be more appropriate. Bret Weiss stated that there may be a possibility that there could be room for 8' pathway and still maintain 5' separation but this wouldn't be known until the survey work is done. Bret Weiss felt option #3 would be the best and that option would face the least opposition by the homeowners. There was additional discussion on whether this segment should be placed on the City's grid system. Some Councilmembers felt that when the connection was made to a pathway along 5 Council Minutes - 9/10/01 County Road 39 is when it should be placed on the system. Without a connecting point, it is only a local trail. Jeff O'Neill stated that in most instances provisions for pathways are made at the time of development. In this case it is a retrofit, which makes it unique but also more difficult to construct. He suggested that the City pay for any extraordinary cost, that is, any cost over the normal cost of pathway construction. Roger Belsaas felt this was something that should be studied further by City staff. Mayor Belsaas then opened the public hearing. Colleen Nelson, 9721 Gillard Avenue, commented that since being annexed into the City they have already been assessed twice; once for sewer and water and once for storm sewer. They did not want to look at a third assessment for the pathway. They moved out here because they wanted the rural location and they were not in favor of the pathway. Sharon Schoers, 9741 Gillard Avenue, questioned the location of the trail. They had heard that it was proposed for the back of the houses and she was not in favor of that. Bret Weiss indicated that option was suggested but was not given serious consideration because the homeowners did not favor that option. Kevin Fair, 9681 Gillard Avenue, asked if it was a set rule to have the 5' separation. He thought that might be difficult to maintain on Gillard Avenue because of the topography. Bret Weiss replied that the 5' is not a set rule but if the amount of distance gets too narrow there is no separation. Mr. Fair questioned whether the 5' sidewalk would accomplish the purpose as far as pedestrian traffic. Bret Weiss reiterated that the exact alignment of the trail would not be determined until the survey work is completed and that if the work was authorized, they would be checking into the possibility of whether an 8' pathway could be constructed. John Simola also added that the 5' separation was necessary for snow storage. Jeff Nelson, 9721 Gillard Avenue, questioned why this wasn't considered when other improvements were done to Gillard Avenue. Bret Weiss responded that a pathway was discussed when the street improvement was considered but the property owners did not want it at that time. The City is now considering it because residents had petitioned for it. Karl Eiden, 9601 Gillard Avenue, expressed his concern that if nothing is done the situation will only get worse, especially with the additional development taking place to the south and to the east. He felt that options #I and #3 were the most appealing. Les Langanki, 6597 Osprey Circle, stated that he did not want to see a pathway along the back of the homes as had originally been proposed. David Schoers, 9741 Gillard Avenue, felt the issue was safety citing the speed of vehicle traffic in the area. He suggested that a stop sign be placed at Gillard Avenue and 97th Street. The Council responded that the placement of stop signs had been discussed earlier and the intersection did not meet the warrants necessary for installation of traffic control devices. Mr. Schoers was given information on the recent patrols of the area by the Wright County Sheriff's Department and the information they had collected on vehicle speeds. Council Minutes - 9/10/01 John Gray, 9691 Gillard Avenue, questioned the traffic count and speed information that was presented. The Council stated that the traffic speeds was not the issue before the Council but the type of pathway to be considered. John Gray stated he would be in favor of the 5' sidewalk or if it would fit the 8' pathway. He also felt this segment should be included in the City's grid system and get it looped as soon as possible. Bruce Thielen suggested that the engineer look at taking the trail to River Forest Drive and completing the balance of the trail to County Road 39 at the time there is some plan for an off-road trail along County Road 39. Mayor Belsaas stated that if the Council authorized the plans and specifications it would be unlikely that anything would be constructed this year. Bret Weiss agreed noting that if the project was bid over the winter it could be set up for construction in early 2002. Mayor Belsaas also stated that the Council would not be making a decision on the amount of City cost participation at this time. Finalized cost figures and assessment amounts would be presented at the assessment hearing. BRUCE THIELEN MOVED TO AUTHORIZE WSB & ASSOCIATES, INC. TO PREPARE PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE TRAIL SEGMENT AND TO LOOK AT STOPPING THE PATHWAY AT RIVER FOREST DRIVE RATHER THAN RUNNING IT ALL THE WAY TO COUNTY ROAD 39. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. There was further discussion on the trail and how it should be looped. Bruce Thielen felt this was something the Parks Commission should look at and come back with a recommendation. 9. Consideration of authorizing feasibility study on extension of force inain serving Southeast Monticello. Information was presented to the Council regarding sanitary sewer capacity for the southeast area. In light of the recent annexation petitions, there is a certain amount of pressure for development in this area. Prior to proceeding with any development it is important to determine what sewer capacity existed and what was needed to serve the area. Based on preliminary information, it would appear that the area proposed for development could be served by extension of a force main along CSAH 75 from approximately Hawk's Bar to the wastewater treatment plant. This option would also provide a backup to the Mississippi Drive sewer line, which presently is near capacity. In looking at authorizing a feasibility study, the Council also discussed the area that was proposed for development. While the comprehensive plan suggests that development take place in the southwest, the area that is suitable for "step-up" housing is in the southeast and the Council has identified a need for this type of housing. The Council questioned whether the force main would be a temporary solution and whether the existing system would be replaced. Bret Weiss indicated that the force main would not be temporary and the sewer line on Mississippi Drive would remain. He also noted that some improvements would have to be made to the Meadow Oaks lift station. 7 Council Minutes - 9/10/01 BRIAN STUMPF MOVED TO AUTHORIZE THE COMPLETION OF A FEASIBILITY STUDY ANALYZING METHOD, COST AND DISTRIBUTION OF COSTS ASSOCIATED WITH PROVIDING ADDITIONAL SANITARY SEWER CAPACITY TO THE SOUTHEAST AREA. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of accepting property owner petitions and call for a public hearing on annexation of certain properties adjacent to City limits in Southeast area. Petitioners: Ken Shultz, Jim Shultz and Ralph Hermes. The City has received a number of petitions requesting annexation into the City. The staff is recommending that action on these petitions be tabled until the feasibility study on the sanitary sewer for the southeast area could be completed and to allow the City time to update their comprehensive plan. BRUCE THIELEN MOVED TO TABLE CONSIDERATION OF THE REQUESTS FOR ANNEXATION FOR THE SOUTHEAST AREA PENDING COMPLETION OF THE FEASIBILITY REPORT AND IF IT IS DETERMINED THE AREA CAN BE SERVED BY UTILITIES, THE ANNEXATION REQUESTS FOR THIS AREA WILL BE CONSIDERED ON AN INDIVIDUAL BASIS. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Consideration of Chelsea Road West/Sandberg Road Traffic Study and consideration of change in traffic control. Public Works Director, John Simola and Chuck Rickert of WSB & Associates provided background information on the traffic control signals that were placed at Sandberg Road and Chelsea Road as part of the improvement project constructed last year. The signs were left in place over the winter but now the recommendation, based on the traffic study, was to remove the signs. Chuck Rickert reviewed data looked at in their analysis of the intersection. He noted that the intersection does not meet the traffic warrants for a four way stop. It was also pointed out that inappropriately placed stop signs may be the cause of accidents. The City received letters from the Plumbery and Playhouse ChildCare requesting that the intersection remain a four way stop. Gould Brothers and D&D Bus felt the stop signs should be removed. Ron Childs from General Rental felt the stop signs should remain. Dave Peterson from Monticello Ford thought the City should look at putting rumble strips on the road. He didn't feel the City could solve the problem of people running the stop signs and he felt the stop signs should remain. Brian Stumpf expressed his concern that removing the stop sign would create the potential for more accidents. Andy Duncanson from Dunlo noted the congestion on Sandberg Road and felt that removing the stop signs would compound the problem. �,- BRIAN STUMPF MOVED TO LEAVE THE EXISTING STOP SIGNS IN PLACE AND TO TAKE ADDITIONAL MEASURES TO ASSURE THAT THE EASTBOUND DRIVERS ON 0 Council Minutes - 9/10/01 CHELSEA ROAD STOP AT SANDBERG ROAD. This motion died for a lack of a second. BRUCE THIELEN MOVED TO REMOVE THE EXISTING STOP SIGNS ON WEST CHELSEA ROAD AT SANDBERG ROAD CREATING TWO-WAY STOPPING CONDITIONS FOR SANDBERG ROAD AND ALLOWING CHELSEA ROAD WEST TO FLOW FREELY AND TO INSTALL FLAGS AND"CROSS TRAFFIC DOES NOT STOP' SIGNS AND TRAFFIC CONTROL CHANGE AHEAD SIGNS AS RECOMMENDED BY THE CITY ENGINEER. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION. 12. Consideration of approving concept for use of TIF assistance for MLC Building and Remodeling. Economic Development Director, 011ie Koropchak provided background on this agenda item noting that the HRA had reviewed the request from Mike Cyr for TIF assistance at their September meeting. The HRA approved the preliminary concept for a TIF Housing District but did not commit to any dollar amount. Mike Cyr reviewed his proposal with the Council. The proposal contains two phases. Phase I consists of 3-4 twin homes along West 6" Street and Phase II would include an additional 13-14 twin units. TIF assistance is only being requested for Phase I. As part of the proposed development, Mike Cyr was also requesting that the Vine Street right-of-way be vacated. The staff had recommended not vacating the right-of-way because of concerns about access to the Ruff Auto site. The Council and Mike Cyr discussed options as far as access to the site. The Council also discussed the use of TIF assistance for this type of project. Bruce Thielen felt if it initiated the beginning of improving a blighted area it would be a good use of fiends. 011ie Koropchak noted that the TIF assistance would be used to buy the house and demolish it. The Council discussed the access to the Ruff Auto site and it was felt that this was a matter that should come before the Planning Commission. The general consensus of the Council was that they were not opposed to using TIF assistance once it was known how much assistance was being proposed and also if there was an approved concept plan. BRUCE THIELEN MOVED TO APPROVE THE PRELIMINARY CONCEPT FOR ESTABLISHMENT OF HOUSING TIF DISTRICT. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Consideration of vacating a portion of Vine Street. BRIAN STUMPF MOVED TO TABLE THE REQUEST FOR VACATION OF A PORTION OF VINE STREET. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Item Deputy City Administrator, Jeff O'Neill suggested that the Planning Commission meetings be televised. Brian Stumpf asked about the cost of doing this. Since this is part of the Planning Technician position 0 Council Minutes - 9/10/01 there would be no over time labor costs. The Council suggested that it be tried and then evaluated. 14. Approve payment of bills for September. BRUCE THIELEN MOVED TO APPROVE PAYMENT OF BILLS FOR SEPTEMBER. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 15. Adjourn. BRIAN STUMPF MOVED TO ADJOURN AT 9:30 P.M.. CLINT HERBST SECONDED THE MOTION CARRIED UNANIMOUSLY. Recording Secretary ` 10