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City Council Minutes 03-08-1999 MINUTES REGULAR MEETING ~ MONTICELLO CITY COUNCIL Monday, March $, 1999 - 7 p.m. Members Present: Roger Belsaas, Brian Stumpf, Roger Carlson, Bruce Thielen Members Absent: Clint I lerbst 2. A. A royal of minutes of the s ecial meetin held Februar 22 1999. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER CARLSON "CO APPROVE THE MINUTES OF THE SPECIAL MEETING HF,,LD FEBRUARY 22, 1999, AS WRITTEN. Motion carried unanimously. B. A royal of minutes of the re ular meetin held Febru 22 1999. A MOTION WAS MADE BY ROGER CARLSON AND SECONDED BY BRIAN STUMPF TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD FEBRUARY 22, 1999, AS WRITTEN. Motion carried unanimously. 3. Consideration of addin items to the a enda. A. City Administrator Rick Wolfsteller reported that there has been some interest in the purchase and development of some City-owned parcels, and he requested that Council authorize City staff to obtain current appraisals on these parcels. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO AUTHORIZE THE CITY ADMINISTRATOR TO OBTAIN APPRAISALS ON THE CITY-OWNED PARCELS. Motion carried unanimously. B. Mayor Roger Belsaas suggested that item #9 relating to Gold Nugget Development be tabled pending review of the City's recommended land use by the MOAA Board. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO TABLE ITEM #9 UNTIL A CONSENSUS REGARDING TIIE LAND USE HAS BEEN REACHED WITH THE MOAA BOARD. Motion carried unanimously. 4. Citizens comments/ etitions re uests and com laints. A. I-lilary lloglund requested. that the Council remove the requirement that the Riverview Square property must be platted at the same time as the remnant land Page 1 Council Minutes - 3/8/99 being dedicated to the City. In addition, she noted that item #10 of the agenda proposed right-of--way acquisition for the extension of Hart Boulevard, which may affect Gladys Hoglund's property. Deputy City Administrator Jeff O'Neill noted that staff would not be opposed to platting the two parcels separately; however, he noted that Mrs. Hoglund rnust first provide the required $1,000 and quit claim deed far the platting process. City Engineer Bret Weiss offered to meet with Ms. Hoglund to explain the proposed right-of way acquisitions for Hart Boulevard. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO WAIVE THE REQUIREMENT THAT THE RIVERVIEW SQUARE PLAT AND THE REMNANT PARCEL BE PLATTED SIMULTANEOUSLY. Motion carried unanimously. Consent a eg nda. A. Consideration of a re uest for an amendment to the zonin ordinance to establish a zero lot line subdivision for twin home develo ment. A licant Cit of Monticello. Recommendation: Approve the zoning ordinance amendment based on a finding that it will facilitate owner-occupied twin home development. SEE ORDINANCE AMENDMENT NO. 320. B. Consideratian of reviewing and accepting the year-end EDA Financial Statements Activit Re ort and 1999 Pro osed Bud et. Recommendation: Accept the EDA Balance Sheet; Statement of Revenues, Expenditures, and Changes in Fund Balance; 1999 Cash Flow Projections; and the Annual Activity Reports as presented. C. Consideration of modif in the Greater Monticello Ente rise Fund GMEF Guidelines. Recommendation: Approve the modification to the GMEF Guidelines as recommended by the EDA. D. Consideration of modif in the Downtown Monticello Revitalisation Fund DMRF Guidelines. Recommendation: Approve the first and second recommendation to modify the DMRF Guidelines as recommended by the EDA. E. Consideration of reviewin Greater Monticello Enter rise Fund GMEF Loan No. 015 Mainline Distribution Pro ernes LLC for com fiance with the GMEF Guidelines. Kecommendation: Support the EDA approval of GMEF Loan No. 015 for Mainline Distribution Properties, LLC, based on the finding that the loan Page 2 was approved without violation of the GMEF Guidelines. Council Minutes ~ 3/8/99 F. Consideration ofresoluti~n designating individuals authorized to sucks. Recommendation: Adopt the resolution indicating individuals authorized to sign checks on behalf of the City. SEE RESOLUTION 99-5. G. Consideration of auotes for telephone and computer cabling, network electronics and fiber optic cabling, security and closed circuit television, and paig_ng_system for the Monticello Communit Center. Recommendation: Accept quotes for the low voltage systems for the community center and authorize staff to enter into contracts in the amounts specified with TDS Telecom. H. Consideration of waiving statutory liability limits for City insurance renewals. Recommendation: Do not waive the monetary limits on tort liability established by Minnesota Statute 466.04. I. Consideration of establishin .T relocation benefits for bulk tank facilities displaced b communit center. .Recommendation: Provide relocation benefits to JM Oil in the amount of $34,263 (fixtures + $5,000 legal settlement + estimated relocation cost of $25,000 for a total of $59,263), and to Riverside Oil in the amount of $40,959 (fixtures + $5,000 legal settlement + estimated cost of $25,000 for a total of $60,S9S). In addition, provide additional supplemental assistance by providing a redevelopment grant in an amount equal to the cost of constructing the protective diking system at a cost not to exceed $17,000 contingent upon the following: Bath facilities are relocated. 2. The bulk oil dealers enter into a signed agreement accepting the relocation benefits offered 30 days prior to their relocation date. Relocation be completed by June 18, 1999. 4. If relocation does not occur, the funding program would consist of the City paying relocation benefits minus the cost of demolition only. A MOTION WAS MADE BY BRUCE T`IIIELEN AND SECONDED BY BRIAN STUMPF "I'O APPROVE THE CONSENT AC7ENDA AS RECOMMENDED. Motion carried unanimously. 6. Consideration of items removed from the consent a 7enda for discussion. None. Page 3 Council Minutes - 3/8/99 7. Review results of communit surve and consideration of orderin 7 com Iction of recreation com onents of cammunit center includin T a uatics child la area wheel park, and climbing wall. Deputy City Administrator Jeff O'Neill reported that recreation components of the community center were placed on hold pending completion of a community survey. "hhe survey data. showed a majority supporting the recreation components of the community center. Councilmember Brian Stumpf stated that although he had previously agreed to base his vote on the outcome of the survey, it was his view that more than 400 residents should have been contacted. Therefore, he remained opposed to the community center. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THLELEN AND SECONDED BY ROGER CARL50N TO REINSTATE THE RECREATION COMPONENTS OF THE COMMUNITY CENTER AND MOVE AHEAD WITH THE PROJI/CT. Voting in favor: Bruce Thielen, Rager Carlson, Roger Belsaas. Opposed: Brian Stumpf. Absent: Clint Herbst. Matian carried. 8. Consideration of a re nest for a zonin district amendment from AO to K-4 to allow the ex ansion of K~ellber s West Mobile Home Park. A licant: K'ellber s Inc. Deputy City Administrator Jeff O'Neill reparted that the Planning Commission reviewed the request for rezoning from AO to R-4 to allow expansion of Kjellbergs West Mobile Home Park and took action to deny the request based on a finding that the land use was inconsistent with the comprehensive plan. The comprehensive plan calls for this area to be medium to high density housing, while the plan submitted by Kjellbergs would be considered low density at 3 units per acre. Cauncil discussed the density of the proposal being less than noted in the comprehensive plan and the need for higher-end hausing in Monticello. AF'T'ER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY .BRIAN STUMPF TO DENY TIIE REQUEST FOR REZONING FROM AO "I'O R-4 BASED ON THE FINDING THAT THE .PROPOSAL WAS INCONS.ISTEN"(' WITH THE COMPREI IENSIVE PLAN. Voting in favor: Bruce Thielen, Brian Stumpf, Roger Carlson. Opposed: Roger Belsaas. Absent: Clint Herbst. Motion carried. 9. Consideration of a request for a conditional. use permit PUD and preliminary_plat. Applicant: Gald Nuuuet Development, Inc. This item was tabled (see item 3B above). Page 4 Council Minutes - 3/8/99 10A. Consideration of conce t la out a royal of Count State Aid Hi hwa No. 75 im rovements born Henne in Street to Count State Aid Hi hwa No. T 8 and a royal to roceed with ri =ht-of=wa ac uisition far the extension of Hart Boulevard. City Engineer Bret Weiss reported that the plan as proposed for improvements to CSAH 75 Isom Hennepin Street to CSAH 18 would stop construction prior to CSAH 18 pending further review of that portion by the County Engineer. In addition, approximately 0.5 acres is required from two parcels to accommodate the extension of Hart Boulevard. Council was asked to approve the concept layout and right-of--way acquisition to allow the City Engineer to move forward with design. Public Works Director John Simola indicated he did not abject to the City Engineer starting the basic plan layouts. AFTER DISCUSSION, A MOTION WAS MADE BY ROGER CARLSON AND SECONDED BY BRUCE THTELEN TO AFFROVE THE CSAH 75 CONCEP"I" LAYOUT AND AUTI-IORIZE WILSON DEVELOPMENT TO PROCEED W[TH THE RIGHT-OF-WAY ACQUISITION PROCESS FOR THE EXTENSION OF HART' BOULEVARD. APPROVAL IS SUBJECT TO FURTHER AMENDMENTS BY TIIE CITY COUNCIL AFTER REVIEW OF TI-IE FEASIBILITY REPORT. Motion carried unanimously. SEE RESOLUTION 99-6. l OB. Consideration to order WSB & Associates Inc. to roceed with construction Tans and s ecifications for the ro osed Count State Aid Hi hwa No. 75 im rovements from Hennepin Street to County State Aid Highway No. 18. City Engineer Bret Weiss reported that the feasibility report would be forwarded to the Council for discussion at the March 22 meeting, at which time project cost and assessments would be reviewed and a public hearing scheduled. It was noted that items still in question were not proposed for design at this time; however, authorizing the City Engineer to proceed with plans and specifications would indicate the City's intent to move forward with the project. City Administrator Rick Walfsteller added that the City should have the final agreement with the Hospital District regarding the new entrance and signal system in place prior to the assessments and feasibility report being done. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER CARLSON TO ORDER WSB & ASSOCIATES, 1NC., "1,0 PROCEED WITH. CONSTRUCTION PLANS FOR CSAH 75 IMP.ROVEMEN'I'S FROlV11-IF.,NN.EPIN STREET' TU CSAH 18. Motion carried unanimously. SEE RESOLU"I'lON 99-7. 1 l . Consideration of a resolution a rovin > construction laps ands ecificatians and authorizing advertisement for bids for Trunk Hi =l~ sway 25, Project 96-04C. City Engincer Bret Weiss reported that plans and specifications for Highway 2S improvements were ordered by the Council on December 14, 1998, following completion Page 5 Council Minutes - 3/8/99 of the public hearing. `I'hc necessary right-of way has been acquired with the exception of one parcel, which is currently under eminent damain proceedings, and Cauncil was asked to approve the plans and specifications and authorize advertisement fc~r bids to allow the praject to move forward. Public Works Director Jahn Simola noted his concerns regarding responsibility for maintenance of the great number of catch basins an Highway 25 and the Oakwood Drive signal system, as this signal is in aheavily-traveled location, and the State awns three of the legs it serves. He requested that Council consider making their motion contingent upon the State of Minnesota being responsible for maintenance of the catch basins on Highway 25 and the signal system at Oakwood Drive. The City Engineer responded that the City would not be obligated to anything until bids have been appraved and the contract has been awarded. I-Ie also noted that MN/DUT has a policy regarding maintenance itenns and that there will be a cost participation agreement between the City and MN/DOT for the project. In the meantime, discussians will continue with MN/DOT regarding maintenance issues. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO APPROVE THE TRUNK HIGHWAY 25 IMPROVEMENT CONSTRUCTION PLANS AND SPECIFICATIONS AND AUTHORIZATION OF BIDS FOR CONSTRUCTION IN THE SUMMER OF 1999. Motion carried unanimously. SEE RESOLUTION 99-8. 11A. Discussion of SuperAmerica Median Access. City Engineer Bret Weiss reported that SuperAmerica and McDonalds have requested that this item be continued pending further review of a compromise that has been reached to allow an opening in the median for an undefined period of time to allow access to McDonalds. Criteria far closing of the median in the future will be more clearly defined by the traffic engineers and brought to Cauncil for approval. in the near Future. No action was required by Council at this time. 12. Consideration of a re uest for a sim le subdivision in the industrial ark to allow the relocation of a lot line. A licant: Gre Ebert Construction. Deputy City Administrator Jeff O'Neill reported that the original simple subdivision request created a new lot line which jogged around anon-canfarming encroachment at several paints and required a variance to the side yard setback area. After review by the Planning Commission., the applicant realigned the propasal which meets the setback requirement, but a number of jogs in the lot line remained. Planning Commission recommended approval of the lot split but only with a straight lot line. Council was asked to approve a subdivision as proposed by City staff with one single jog in the lot line. Page 6 Council Minutes - 3/8/99 A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THIEL.,EN TO APPROVE THE SIMPLE SUBDIVISION WITH THE LOT LINE, AS PROPOSED BY CITY STAFF BASED ON THE FINDING "I'HA`I"'THERE WOULD BE ADEQIJATE LAND ON TI IE REMAINING PARCEL TO ACCOMMODATE,, ADDITIONAL DEVELOPMENT IF NECESSARY, THE Ml1LTIPLE JOGS IN THE PROPOSED LOT LINE WOULD LEAD TO CONFUSION IN 'TFIE FUTURE AND PROBABLE PROPERTY LINE DISPUTES, AND THE NEED FOR TI-IE RESUBDIVISION WAS AN ENCROACHMENT BY THE CURRI;N"I' OWNER WHICH SHOULD NOT BE CORRECTED BY AN IMPROPERLY DESIGNED SUBDIVISION. Motion carried unanimously. 13. Consideration of accepting Sanitary Sewer and_Water System Trunk 1~ee Anal. City Engineer Bret Weiss reported that the Sanitary Sewer and Water System Trunk Fee Analysis was prepared to examine trunk improvements to accommodate the proposed growth over the next 40 years; however, he suggested that Council table acceptance of the report in order to notify groups affected by the fee analysis, with the exception of the storm water fee, which should be increased immediately. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO TABLE ACCEPTANCE OF THE SANITARY SEWER AND WATER SYSTEM TRUNK FEE ANALYSIS; AND DIRECT STAFF TO SEND THE REPORT TO THE COMMISSIONS FOR REVIEW, SET A WORKSHOP DATE, AND ESTABLISH THE FEES AS PROPOSED ON A PRELIMINARY BASIS FOR THE PURPOSE OF PROVIDING INFORMATION TO DEVELOPERS, WITH FINAL FEES TO BE ENACTED BY MAY 1, 1999. Motion carried unanimously. 14. Consideration of bills far the first half of March 1999. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO APPROVE THE BILLS FOR THE FIRST HALF OF MARCH AS PRESENTED. Motion carried unanimously. 1 S. Other matters. A. Deputy City Administrator Jeff O'Neill reported that the Office of the State Auditor has completed its report of the community center project, copies of which wEre distributed to City Council and are available For review by the public. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO ADJOURN THE MEETING. Motion carried unanimously. d Karen Doty Deputy City Clerk Page 7