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City Council Minutes 10-12-1998MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, October 12, 1998 - '1 p.rn. Members Present: Bill Fair, Clint Herbst, Brian Stumpf, Roger Carlson, Bruce Thielen Members Absent: None 2. A. A royal f minutes of th s ecial meetin held Se t tuber 28 1998 A MOTION WAS MADE BY CL1NT HERBST AND SECONDED BY BRUCE THIELEN TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD SEPTEMBER 28, 1998, AS WRITTEN. Motion carried unanimously. B. A r val of minutes f the re ular meetin held S tember 28 1998. A MOTION WAS MADE BY GLINT HERBST AND SECONDED BY BRIAN STUMPF TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD SEPTEMBER 28, 1998, AS WRITTEN. Motion carried unanimously. Consideration of a din items to he a enda. A. C nsideration of ov rla in old arkin lot at fire hall. Public Works Director John Simola reported that the old parking lot at the fire hall is in need of repair and requested Council consideration of using a change order to add overlaying of the lot to Project 98-09C, Fire Hall Driveway and Forking Lot Improvements. The cost of the overlay was estimated at $2,300 to $2,700. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY GLINT HERBST TO APPROVE THE ADDI'T'ION OF OVERLAYING THE OLD PARKING LOT AT THE FIRE HALL TO PROJECT 98-09C. Motion carried unanimously. 4. Citizens comments/ titions re u is and com 1 ints. None. Consent a enda. Councilmember Clint Herbst requested that item SC be removed from the consent agenda for discussion. Deputy City Administrator Jeff O'Neill clarified that the River Forest development agreement to be approved in item SD had been changed slightly to identify that Residential Development, Inc., is responsible for grading, tree installation, and trunk fees for the River Mi114th Addition lots. Page 1 Council Minutes - 10/12/98 A. Consideration of resolution declarin intent t reimburse certain ex enditures from bond proceeds for var u~provement projects. Recommendation: Adopt a resolution declaring intent to reimburse expenditures to the proceeds of a bond covering Projects 98-O1C, 98-12C, 96-04C, 98-09C, 98-23C, and 98-24C. SEE RESOLUTION 98-43. B. Consideration of calling far a t~ublic hearing on vacating right-of wav and roadwa easements at '/ Street between Walnut and l..,inn Streets and Locust Street between 6th and S '/z Streets. Recommendation: Call for a public hearing on November 9, 1998, on vacating right-ot=way and roadway easements at 5 '/z Street between Walnut and Linn Streets and Locust Street between 6th and S '/Z Streets in conjunction with development of the community center. C. Consider tion of ado tin a resol ti n establishin a ne ative declar ion of environmental im act--Gold Nu et Develo ment. Removed from the consent agenda for discussion. D. Considerati n of a royal of the final lat and develo ment a reement f r the River F rest residential subdivision. Recommendation: Motian to approve the final plat and development agreement governing the River Forest residential subdivision contingent on review by the City F,ngineer and vacation of easements on the perimeter of the original Sandberg East plat. E. Consideration of a conditional use ermit for a PUD lanned unit develo ment allowin two arcels to b treated as a sin le residential ar el. A licant Beverl J. Abraham on. Recommendation: Approve the conditional use permit for a planned unit development subject to the deed restriction, based on a finding that there is a filing problem at Wright County and no physical problem with the property or administrative concerns with the City. F. Consideration of an avnlication for renewal of an interim use Hermit a.llowint; a public school use in an I-1 zone. Applicant, Monticello Public Schools. Recommendation: Approve the issuance of an interim use permit to the Monticello School District to operate an alternative school program at 1248 Oakwood Drive East subject to the following conditions: The interim use permit will expire on August 31, 1999. Extension of the use of the subject property for public school use beyond the termination date may only be allowed by reapplication to the City. 2. The District agrees to expand the parking area at the direction of the City. The City will direct expanded parking based on its observation of parking demand which may cause the use of non- street parking at any time. Page 2 Council Minutes - 10/12/98 3. The use of the subject property will be during normal school hours only. 4. "I'he granting of this interim use permit shall not be effective until after inspection and approval of the building and property by the City Building Official. Recommendation is based on the finding that the proposed use will not interfere with the City's long-range objectives to encourage industrial development in the area. G. Consideration of authorizin Cit En ineer to re are traffic stud f r 7th treet intersection at Highway 25. Recommendation: Authorize the City Engineer to prepare a traffic study for the 7th Street/Highway 25 intersection at an estimated cost of $3,250. H. Consideration of resolution accepting bids and. awarding contract for extension of utilities to the Wildwood Ridge plat, Rolling Woods plat. and Hermes pronertX. Recommendation: Adopt a resolution accepting bids and award the contract to C.W. Houle, Inc., using Bid Alternate No. 1, in the amount of $111,899. SEE RESOLUTION 98-45. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO APPROVE ITEMS SA, SB, SD, SE, SF, SG, AND SH OF THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously. 6. Consideration of items removed from the consent agenda for discussion. SC. Consideration of adontina a resolution establishine a negative declaration of environmental impact--Gold Nugget Development. The last step in the Environmental Assessment Worksheet process is for the Council to establish a negative declaration of environmental impact, which would eliminate the need to prepare an Environmental Impact Statement. However, Councilmember Clint Herbst expressed concern about the project moving forward since the Orderly Annexation Board has not yet decided the land use designation for this area. Deputy City Administrator Jeff O'Neill noted that the developers need to be notified that the zoning designation for this area may change. Mayor Fair added that he will be asking the City Planner to forward an agenda item to the OAA Board since they requested information on this parcel. Page 3 Council Minutes - 10/12/98 AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER CARLSON TO ADOPT A RESOLUTION ESTABLISHING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT RESULTING FROM THE GOLD NUGGET DEVELOPMENT. MOTION INCLUDES PREPARATION OF A SANITARY SEWER STUDY IDENTIFYING UPGRADE COSTS AND FEE PROGRAM NECESSARY ~'O SUPPORT ULTIMATE DEVELOPMENT OF THE SITE AND ADJOINING AREAS. Motion carried unanimously. SEE RESOLUTION 98-44. 7. Consideration of a re nest for an amen ment to the PZM Zonin District or i the alternative an amen meat to the zonin m B-3 from PZM allow restaurant use. Annlicant. MMC Land ComnanX. Deputy City Administrator Jeff O'Neill reported that MMC Land Company requested an amendment to the PZM district ar rezoning of the property at the intersection of County Roads 75 and 39 from PZM to B-3 in order to allow a restaurant use. Council previously tabled action on the request and returned the item to the Planning Commission due to an error in the notification process. Planning Commission received considerable input from the neighborhood and recommended denial of the request to rezone the property to B-3 but took no action on amending the PZM district to allow a restaurant use; however, at a special Planning Commission meeting held previous to this Council meeting, it was suggested that Council might want to consider amending the PZM district. Mr. Jim Coen, representing MMC Land Company, stated that their primary interest is development of a restaurant at this location due to a high traffic volume and do not plan to develop a truck stop or auto repair/lube shop. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO APPROVE AN ORDINANCE AMENDMENT AMENDING THE PZM DISTRICT LANGUAGE TO INCLUDE RESTAURANT USE AS A CONDITIONAL USE BASED ON THE FINDING THAT RESTAURANTS ARE COMFATIBLE WITH OTHER PZM USES. Motion carried unanimously. SEE ORDINANCE AMENDMENT NO. 318. $. Consideration of a request for final PUD approval for t. Benedicts C nter. Applicant JSSH Architects. Deputy City Administrator Jeff O'Neill reported that the final FUD for St. Benedicts Center was presented for Planning Commission review at a special meeting held just prior to the Council meeting. Planning Commission recommended approval of the final PUD subject to conditions, which were reviewed by the Deputy City Administrator A MOTION WAS MADE BY ROGER CARLSON AND SECONDED BY CLINT HERBST TO APPROVE THE FINAL PUD FOR ST. BENEDICTS CENTER SUBJECT'f0 THE FOLLOWING CONDITIONS: Page 4 Council Minutes - 10/12/98 1. THE DEVELOPMENT SHOULD COMPLY WITH MINIMUM FLOOR AREA AND PERCENT OF EFFICIENCY APARTMENTS, BUT WAIVING THE TWO UNITS WHICH WOULD PLACE THE PROJECT IN EXCESS OF THE 20% REQUIREMENT ON EFFICIENCY UNITS. 2. PARKING SPACE DIMENSIONS SHOULD BE A MINIMUM OF 9 X 20 FEET. 3. THE APPLICANT SHOULD SUBMIT EMPLOYMENT LEVELS FOR THE TWO FACILITIES. 4. CURB AND GUTTER SHOULD BE PROVIDED ALONG ALL DRIVES, EXCEPT THAT THIS REQUIREMENT WILL BE WAIVED ON THE NORTH DRIVE (SERVICE DRIVE). 5. SUBMISSION AND APPROVAL OF A LANDSCAPE PLAN IS REQUIRED, AND STAFF IS DIRECTED TO REVIEW THE LANDSCAPING FOR THE BUFFER ALONG THE EAST LINE. 6. GRADING, DRAINAGE, AND UTILITY PLANS ARE SUBJEC'T' TO THE CITY ENGINEER'S APPROVAL. 7. SUBMISSION OF AN EXTERIOR LIGHTING PLAN AND FENCE DETAIL ARE REQUIRED. 8. SIGN DETAILS ARE REQUIRED AND MUST COMPLY WITH CITY STANDARDS, AND STAFF IS DIRECTED "T'O REVIEW THE SIGNS IN MORE DETAIL TO ASSURE COMPLIANCE WITH THE CITY'S ORDINANCE. 9. THE LOCATION OF TRASH HANDLING SHOULD BE NOTED ON THE SITE PLAN IN ORDER TO REVIEW HOW TRUCKS WILL BE MANEUVERING ON THE SITE FOR TRASH COLLECTION. 10. SINCE THERE WOULD BE A MINIMUM NUMBER OF SEMI-TRUCKS COMING INTO THE SERVICE AREA, THE ACCESS AND TURN-AROUND AREA PROPOSED IS SUFFICIENT. 11. THE DIFFERENCES RELATING TO THE PROPOSED MATERIALS FOR U5E ON THE PATHWAYS IS TO BE RESOLVED BY CITY STAFF AND THE APPLICANT; HOWEVER, HARD-SURFACED MATERIAL SHOULD BE APPLIED TO ALL WALKWAY AREAS. Motion is based on the finding that the proposed final plan, with conditions, is consistent with the concept plan previously approved and is consistent with the City's zoning ordinance. Motion carried unanimously. Page 5 Council Minutes - 10/12/98 9. Consideration of adopting a resolutian a~rovin fg_man._._ce plan and request of HRA to call for sale of bonds. AND 10. Consideration of a resolution authorizin the ale of 1998 G.O. Im rovem nt Bond and 1998 G.O. Refundin Bg onds. Rusty Fifield of Ehlers & Associates reported that a slight modification had been made to the finance plan for the community center band in that the revised cost estimate far the bond issuance increased $10,000 from $6,950,000 to $6,960,000. He noted that although Council is asked to approve the finance plan and request the HRA to call for the sale of the lease revenue bonds at this time, there would still be an opportunity to modify the finance plan following the construction bid opening on October 29. In addition to the lease revenue bands for the community center, Council was also asked to approve issuing general obligation improvement bonds for a series of public improvement projects and refunding bonds far the outstanding 1988B water band issue. Issuing the refunding bands would result in a total savings of $26,700. Council discussed whether the lease revenue bonds should be issued at this time or after the community center bid opening on October 29. Mr. Fifield explained that interest rates are the lowest since 1978, and delaying the bond issue could result in a higher rate than anticipated. If the bonds are authorized at this time, they would be issued on November 9 and the interest rate would be locked at that time. However, if the construction bids are out of line, distribution of the official statement could be delayed, and the Council could discuss their options at the special Council meeting scheduled for November 2. Councilmember Herbst asked what would happen if a future Council voted not to renew the City's 20-year lease agreement since it was required that it be approved on a year-by- year basis. Mr. Fifield explained that the agreement is defined by State Statutes as an annually- appropriated lease, and each year the Council must make a decision to appropriate money to pay back the lease. If the Council would choose not to appropriate the money, there would be a series of consequences, including recourse by investors and impaired ability or increased cast to borrow money in the future. AFTER FURTHER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO TABLE ACTION ON THE ISSUANCE OF THE BONDS UNTIL THE NOVEMBER 2, 1998, COUNCIL MEETING AFTER THE CONSTRUCTION BIDS HAVE BEEN REVIEWED. Voting in favor: Brian Stumpf, Clint Herbst. Opposed: Bruce Thielen, Bill Fair, Roger Carlson. Motion failed. Page 6 Council Minutes - 10/12/98 A MOTION WAS MADE BY ROGER CARLSON AND SECONDED BY BRUCE THIELEN TO ADOPT A RESOLUTION APPROVING THE COMMUNITY CENTER FINANCE PLAN, REQUESTING THE HRA TO CALL FOR THE SALE OF BONDS, AUTHORIZING THE SALE OF $3 MILLION IN G.O. IMPROVEMENT BONDS FOR VARIOUS AROJECTS, AND AUTHORIZING THE REFINANCING OF THE 1988B WATER BOND ISSUE. Voting in favor: Bruce Thielen, Bill Fair, Roger Carlson. Opposed: Brian Stumpf, Clint Herbst. Mahon carried. SEE RESOLUTION 98-46. 11. Consideration of new develo ment reement with K'ellber s Inc. for the sanita sewer hooku of K~ellber West Mobile Hom Park. Additional information regarding the development agreement with Kjellbergs, Inc., was distributed by staff and Mr. Kent Kjellberg. A MOTION WAS MADE BY BILL FAIR TO TABLE ACTION ON THE DEVELOPMENT AGREEMENT WITH KJELLBERGS, INC., UNTIL THE NEXT COUNCIL MEETING TO ALLOW ALL PARTIES TO REVIEW THE ADDITIONAL INFORMATION. Councilmernber Bruce Thielen noted that he would also like to obtain an official position from the Pollution Control Agency on this issue. Motion was seconded by Clint Herbst and carried unanimously. 12. Con. ideration of a rovin a counteroffer for urchase of vacant land adjacent to ublic works facility. City Administrator Rick Wolfsteller reported that at the previous meeting, Council authorized submitting a purchase offer of $45,000 fox a 1-acre parcel of vacant land adjacent to City-owned property on West County Road 39. The owners indicated they would sell the property for $55,000; however, after further discussions with the City Administrator, the owners indicated they would be willing to accept $50,000 for the property. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER CARLSON TO AUTHORIZE STAFF TO COMPLETE THE PURCHASE OF THE 1-AC.R.E PARCEL AT THE NEGOTIATED PRICE OF $50,000. Motion carried unanimously. 13. Consideration of establishing minimum standards for issuance of future on-sale liquor licenses. City Administrator Rick Wolfsteller reported that at the upcoming November General Election, a question will be on the ballot asking the voters to approve allowing the issuance of up to six additional on-sale liquor licenses to establishments such as bowling alleys, hotels, or restaurants. It is currently up to the local governments to establish specific requirements for minimum standards of a restaurant eligible far a liquor license. The current city ordinance indicates that no on-sale license will be granted to any person who does not have invested a minimum of $200,000 in the fixtures and structure of the proposed on-sale establishment, exclusive of land. The City Administrator proposed that Council consider establishing additional criteria to further define the definition of a Page 7 Council Minutes - 10/12/9$ restaurant as having a minimum seating capacity of 50 people, afull-service menu and a commercial kitchen license by the Health Department, and all food must be served on non-paper plates with silverware. Council discussed whether it would be appropriate to reserve a specific number of the additional liquor licenses for the CCD District since the downtown redevelopment plan initiated the additional liquor license question. AFTER DISCUSSION, A MOTION WAS MADE BY GLINT HERBST AND SECONDED BY BRUCE THIELEN TO TABLE ACTION ON THE ORDINANCE AMENDMEN'T' ESTABLISHING MINIMUM STANDARDS FOR ISSUANCE OF FUTURE ON-SALE L[QUOR LICENSES PENDING FURTHER RESEARCH. Motion carried unanimously. 14. Consideration of bills for the first half of October 1998. A MOTION WAS MADE BY BRIAN STLJMPF AND SECONDED BY BRUCE THIELEN TO APPROVE THE BILLS FOR THE FIRST HALF OF OCTOBER 1998 AS PRESENTED. Motion carried unanimously. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO ADJOURN. Motion carried unanimously. Kare oty Deputy City Clerk Page 8