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City Council Minutes 09-23-2013MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, September 23, 2013 — 7 p.m. Mississippi Room, Monticello Community Center Present: Clint Herbst, Lloyd Hilgart, Tom Perrault, Glen Posusta, Brian Stumpf Absent: None 1. Call to Order and Pledge of Allegiance Mayor Herbst called the meeting to order at 7:00 p.m. and declared a quorum present. The Pledge of Allegiance was recited. 2A. Approval of Minutes — September 9, 2013 Special Meeting TOM PERRAULT MOVED TO ACCEPT THE SEPTEMBER 9, 2013 SPECIAL MEETING MINUTES AS PRESENTED. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. 213. Approval of Minutes — September 9, 2013 Regular Meeting TOM PERRAULT MOVED TO ACCEPT THE SEPTEMBER 9, 2013 REGULAR MEETING MINUTES AS CORRECTED. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 3. Consideration of adding items to the agenda No items were added to the agenda at this time. 4. Citizen comments, public service announcements a. Citizen Comments: None b. Public Service Announcements: 1) Fire Department Informational Meeting (9/30) — Matt Theisen reported that there will an informational meeting on Monday, September 30th for firefighters interested in joining the department. Those interested can fill out an application at that time or stop at city hall to apply. 5. Consent Agenda: A. Consideration of approving payment of bills for September 23rd. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. B. Consideration of approving new hires and departures for City departments. Recommendation: Ratify new hires and terminations for MCC and Parks. City Council Meeting Minutes — September 23, 2013 Page 1 C. Consideration of adopting Resolution #2013 -073 accepting improvements and approving final payment to Allied Blacktop for the 2013 Sealcoating Improvements, City Project ZZZSEAL. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. D. Consideration of accepting quotes and awarding a contract for replacing the caulking in the below ground reservoir located at 207 Chelsea Road East. Recommendation: Accept quotes and award contract to Sunrise Specialty Contracting of Big Lake, MN in the amount of $4,340 for the caulking replacement at the reservoir located at 207 Chelsea Road East. E. Consideration of accepting quotes and awarding contract for construction of building for Well #4 Conversion, City Project No. 12COO9. Recommendation: Accept quotes and award contract to Structural Buildings of Becker, MN in the amount of $41,602 for construction of a building to house Well #4 and a trailer generator as part of Well #4 Conversion, City Project No. 12C009. F. Consideration of accepting quotes and awarding contract for electrical work in building for Well #4 Conversion, City Project No. 12C009. Recommendation: Accept quotes and award contract to Wes Olson Electric of Monticello, MN in the amount of $7,350 for electrical installation in the building to house Well #4 and the trailer generator. G. Consideration of adopting Resolution #2013 -074 stating intent to reimburse from bond proceeds for the TH25 - CSAH75 Intersection Buildout, City Project No. l 00009.. Recommendation: Adopt Resolution #2013 -074 declaring the official intent to reimburse expenditures up to $500,000 from bond proceeds for TH25 /CSAH75 Intersection Buildout, City Project No. 1 00009. H. Consideration of adopting Resolution #2013 -075 and Resolution #2013 -076 approving CSAH 18 Pedestrian Bridge Maintenance Agreement and Limited Use Permit. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. I. Consideration of approving the final settlement document for FiberNet bond claims. Recommendation: Approve the final settlement document for FiberNet bond claims. J. Consideration of approving an agreement with TeleSphere Software, Inc. for carrier access billing software (CABS) system services for FiberNet. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS A, C, H, AND J. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. City Council Meeting Minutes — September 23, 2013 Page 2 6. Consideration of items removed from the consent agenda for discussion 5A. Consideration of approving payment of bills for September 23rd Glen Posusta questioned several of the card payments listed on the register. The city pays $401.51 for eight biffs including one by the parks department building. Council would like to see biffs eliminated from parks that already have restrooms (even with a timer lock). Matt Theisen mentioned that the one at the parks department is used by employees when they are working out back and for a backup as needed in other places. Glen confirmed that the two elevator charges for $690 were not duplicates. Glen asked about charges at Moon Motorsports for $1396.11, and it was explained those were for transmission repairs on a ranger vehicle for the Fire Department. Glen Posusta asked for more information on the payment of $4,086.28 to Northwest Associated Consultants for work related to the telecommunications tower. Glen would like to see this extracted from the payment until more of a breakdown can be provided. GLEN POSUSTA MOVED TO APPROVE THE BILL REGISTERS, EXCLUDING $4,086.28 TO NORTHWEST ASSOCIATED CONSULTANTS, FOR A TOTAL OF $963,353.05. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5- 0. 5C Consideration of adopting Resolution #2013 -073 accepting improvements and approving final payment to Allied Blacktop for the 2013 Sealcoating Improvements, City Project ZZZSEAL Glen Posusta would like to make sure that a fog seal is done over the chip seal in the future. Clint Herbst noted that the fog seal on Meadow Oak Avenue was done as a test project and they would like to see how it wears over winter. It was confirmed that the total final payment includes the fog seal and chip seal. GLEN POSUSTA MOVED TO ADOPT RESOLUTION #2013 -073 ACCEPTING WORK AND APPROVING FINAL PAYMENT OF $83,796.10 TO ALLIED BLACKTOP FOR THE 2013 SEALCOATING IMPROVEMENTS, CITY PROJECT ZZZSEAL, CONTINGENT UPON PROVIDING THE REQUIRED DOCUMENTS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 5H. Consideration of adopting Resolution #2013 -075 approving CSAH I8 pedestrian bridge maintenance agreement and Resolution #2013 -076 approving limited use permit for a recreational trail Tom Perrault wanted to make sure Section 4.2 in the bridge maintenance agreement was updated from Bruce Westby to a current name. Shibani confirmed that Jeff O'Neill's name would be inserted before the agreement is signed. TOM PERRAULT MOVED TO ADOPT RESOLUTION #2013 -075 APPROVING THE CSAH 18 PEDESTRIAN BRIDGE MAINTENANCE AGREEMENT AND ADOPT City Council Meeting Minutes — September 23, 2013 Page 3 RESOLUTION #2013 -076 APPROVING A LIMITED USE PERMIT FOR USE OF RIGHT OF WAY FOR A NON - MOTORIZED RECREATIONAL TRAIL. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 5J. Consideration of approving an agreement with TeleSphere Software, Inc. for carrier access billing software (CABS) system services for FiberNet Torn Perrault questioned the wording on page 10 in the agreement where it referenced the state of Montana. Mark Pultusker noted that this is common in agreements with companies from other states. Mark Pultusker stated that City Attorney Joel Jamnik has reviewed this agreement. TOM PERRAULT MOVED TO APPROVE THE AGREEMENT WITH TELESPHERE SOFTWARE, INC TO PROVIDE CARRIER ACCESS BILLING SOFTWARE SERVICES FOR FIBERNET AT A COST OF $600 PER MONTH PLUS AN INSTALLATION FEE OF $2,400. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. 7. Continuation of Public Hearing - Consideration of adopting Resolution #2013 -071 approving an assessment roll to be certified for 2014 payable tax year for the 2012 Rural Road Improvements, City Project No. 12CO01 Shibani Bisson explained that this is a continued public hearing. Greg Olson, property owner, had questioned a former escrow that was collected on property in Hunter's Crossing and the possibility of applying that to his assessment. After the meeting, Shibani Bisson met with him and they_discovered that the escrow did not apply to the outlot that he had purchased. Shibani Bisson also noted that Shawn Weinand requested that a $40,000 deposit he had made for a right turn lane be applied to his proposed assessment. In the packet for Council, the $40,000 has been applied to Mr. Weinand's assessment. Tom Perrault questioned whether any future assessment for the turn lane could be applied to existing Autumn Ridge properties. It is not known whether a turn lane would be built and any assessment would be applied to benefitting properties in Autumn Ridge. This would be determined in a future developer's agreement. Mayor Herbst asked for comments from the audience. As there were no comments, Mayor Herbst closed the public hearing. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2013 -071 APPROVING AN ASSESSMENT ROLL FOR THE 2012 RURAL ROAD IMPROVEMENTS, CITY PROJECT NO. 12C001, TO BE CERTIFIED STARTING WITH 2014 PAYABLE TAXES. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 4 -1 WITH TOM PERRAULT VOTING IN OPPOSITION. 8. Public Hearing - Consideration of adopting Resolution #2013 -077 approving vacation of drainage and utility easements between Lots 2 and 3, Block 1, Pineview City Council Meeting Minutes — September 23, 2013 Page 4 Addition (155- 204- 001020 & 001030)) and approving administrative lot combination for Lots 2 and 3. Applicants: Tom Holthaus, property ownerYKiellberg's Inc. Angela Schumann presented this request for vacation of drainage and utility easements and approval of an administrative lot combination. The property is currently owned by Tom Holthaus and the co- petitioner is Kjellberg's Inc. The easements that are being requested for vacation are over the lot line between Lots 2 and 3 of Block 1 of Pineview Addition. These lots front Broadway and there is an existing access agreement requiring shared driveways to reduce the number of accesses in this plat. Clint Herbst asked about access for the undeveloped three lots. Angela Schumann explained that the combined Lots 2 and 3 would share an existing access with Lot 4. Lot 1 and the outlot are not buildable lots at this time. Clint Herbst also noted that combined lots could be assessed for double lots in the future. Angela Schumann explained those items are referenced in the resolution as a condition. Mayor Herbst opened the public hearing. There were no comments so the public hearing was closed. LLOYD HILGART MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2013 -077 APPROVING VACATION OF DRAINAGE AND UTILITY EASEMENTS BETWEEN LOTS 2 AND 3. BLOCK 1, PINEVIEW ADDITION AND APPROVING AN ADMINISTRATIVE LOT COMBINATION FOR LOTS 2 AND 3, SUBJECT TO THE FOLLOWING CONDITIONS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. • Property owner shall provide a revised Certificate of Survey showing the reestablishment of drainage and utility easements and showing the combined Lots 2 and 3, Block 1, Pine View Addition. • The property owner shall be required to cap water services per the recommendation of the City Water Superintendent. • The combined property shall be developed utilizing the existing shared access on Lots 3 and 4, Block 1, Pine View. No additional access shall be provided. • The City shall continue to maintain the remaining drainage and utility easement on the perimeter of the property. • Ifprivate utilities exist within the easement area to be vacated, it will be the property owner's responsibility to work with the private utilities to relocate their utilities. • Property may be subject to double assessment for future road improvements, based on original two lots. 9. Consideration of adopting Ordinance #583 amending the official zoning map from B -4 (regional business) to R -4 (medium -high density residence) district for Lot 1, Block 2, Riverview Square; and consideration of adopting Resolution #2013 -078 approving a Comprehensive Plan amendment for a change in land designation from Places to Shop to Places to Live and supporting findings for approval of rezoning. Applicant: IRET Properties City Council Meeting Minutes — September 23, 2013 Page 5 Clint Herbst explained that this is not a public hearing but he will take public comments. Persons speaking should be sure to sign in when they speak. Angela Schumann introduced this request for rezoning and approval of a Comprehensive Plan amendment. Angela Schumann provided a slide presentation which showed the current zoning of B -4 and proposed zoning to R -4. Angela Schumann pointed out the allowances in the zoning ordinance for R -4 properties, which is for multi - family housing. The property proposed for rezoning is approximately 5 acres in size along County Road 39. Angela Schumann showed the surrounding land uses and zoning. Angela Schumann talked about the review process used for this application. The Planning Commission has discussed this at several meetings with continued hearings. The application went to the DNR for review since the property is located in the Wild and Scenic District. The DNR did not provide written comment on the land use request, but did indicate they have questions on the amount of impervious surface and viewshed that would be involved with such a development proposal. The Planning Commission originally tabled action in August to hold a neighborhood meeting. In September, Planning Commission voted 3 -2 for denial of the rezoning based on findings that the land use as proposed was not compatible with the surrounding neighborhood. Angela Schumann summarized some of the issues that were addressed during the Planning Commission hearing process. • Allowable uses in the B -4 district versus the R -4 district • Size — concern about overall height, which would probably generate a need for a variance in the wild and scenic district • view of river — not impacted according to studies • R -4 zoning has higher performance standards for amenities • Affect on property values - NAC has done some research and there are no studies that show a decrease in property values for this type of housing. • Storm water — application shows on -site ponding; stormwater plan will be required for development of this type • Traffic safety — only 1 accident, no red flags for studies in that area, traffic study is planned as part of this project • Development costs — applicant bears the costs • Type of housing — market rate, no subsidized units • School District — would be advantageous to the school to have additional students Staff recommends that the Comprehensive Plan be amended to change this from "Places to Shop" to "Places to Live" for a number of reasons: to create a balanced housing supply, to offer a mixture of housing types and densities, and to increase housing choices and affordability beyond the current rules and regulations. Staff also recommends rezoning the property to R -4 (medium -high density residential) for a variety of reasons: allows higher density with extensive design requirements and higher amenities, requires CUP to control design standards, and improves inventory of multi - family housing stock. City Council Meeting Minutes — September 23, 2013 Page 6 If Council approves the application for rezoning and Comp Plan amendment, the next steps would include approval of CUP and variance for height and site plan review. Brian Stumpf asked about setbacks for R -4 zoning. Angela Schumann explained how the setbacks would be determined dependent upon the site plan and based upon Table 3 -9 of the zoning ordinance. Brian Stumpf also asked about buffers for R -4 development. Angela Schumann stated that is defined in the zoning ordinance which includes tree and shrub buffers and could include fencing. Jeff O'Neill noted that the CUP could require mitigation of setbacks and buffers in the site plan. Clint Herbst asked if there were any residents that wanted to provide comments. Richard Van Allen, 6448 River Mill Drive, spoke against the proposed rezoning stating that he had purchased his property not expecting to have a large apartment building in the vicinity. He also expressed concern about the traffic congestion and stormwater drainage. Dan Lemm, 8 Linn Street, feels that there is plenty of multi - family housing in Monticello and there is more of a need for baby boomer housing. He would prefer that Council review the full proposal before approving rezoning. Clint Herbst explained that the R -4 zoning district is geared for higher end multi - family housing and the proposal would be refined based on the requirements in the zoning ordinance. Jeff Swanson, 6220 Mill Run Rd, stated his concern with an application utilizing a new zoning district and placing it next to R -1 housing. He feels that the height of the building would be a deterrent in the area. He feels the vacant site would be a better fit for a strip mall. Clint Herbst explained that the city knew there was a need out there for R -4 zoning and that is the reason the zoning ordinance was updated. As times change, so do the zoning uses and requests. Jeff O'Neill pointed out several other changes that were made in the zoning ordinance to accommodate property transitions and uses. Maribel Cruz - Longley, 9831 Mill Court, spoke on behalf of her occupation as a realtor and her concern about home sales in. the area being affected by a multi - family apartment building. She talked to an appraiser who said there could be negative impacts when located near an apartment complex. Johnny Green, 9769 Mill Trail Lane, expressed his concern about the apartment building. He was a previous apartment manager of 800 units in a cluster of buildings and experienced some negative changes in some properties when the owners experienced high vacancy rates and implemented subsidized rents. Brian Stumpf spoke about IRET Properties and pointed out that the company deals in high -end properties. They are known for their quality and well- maintained properties. Mr. Green expressed his concern about putting a large apartment building in a residential area. City Council Meeting Minutes — September 23, 2013 Page '7 Clint Herbst stated that part of the dilemma is whether to place an apartment building next to residential versus placing commercial next to residential. Clint Herbst feels this particular property is probably well- suited to R -4 zoning. Paul Sterbuck, 9834 Mill Court, spoke about his concerns with the traffic on County Road 39 and the water flow from the hill. He also said he lived next door to an apartment building in Brooklyn Park and he lost money when he sold his house. Larry Whittaker, 6195 River Mill Drive, feels that this is not a good improvement and will increase costs for services for everyone. He is also concerned about possible future improvements that might be needed for stormwater drainage. Clint Herbst noted that there will be water control standards built into the site. Right now there are no controls for the water flowing down the hill. This project would include improvements such as ponds and storm drains needed for water control. Mr. Whittaker questioned the ability to control costs for water and sewage treatment. Glen Posusta pointed out that the city has an ongoing project at the wastewater treatment facility that will handle future treatment needs. Josh Blonigen, 9806 Hart Boulevard, indicated that he understands that there is definitely a need for this type of apartment housing. However, he does not feel that the location is well- suited for a large apartment building. He expressed a concern about the impact to his property value and would like to see a large building like this be placed somewhere else. Wayne Elam, Commercial Realty Solutions, spoke on behalf of putting in a housing project of this type that can provide labor to support future commercial development. The property proposed for rezoning is not ideal for commercial. It is a good location for multi - family housing and gives the city the flexibility to create an apartment building with high end amenities. He did acknowledge that the traffic may be of some concern. Andy Martin, IRET Properties, talked about their proposal for the property and what they hope to achieve with this project. He indicated that this would not be suitable for Section 8 housing and would not revert from market rents to subsidized rents. He emphasized the CUP process requires an input of funding from them to create a high -end project and they would not forfeit their money for an inferior type of building. Andy talked about some of the plans they envision for the apartment complex to create a truly desirable place to live. In terms of demographics, this type of building would draw both young professionals and baby boomers. Transitional locations like this property are desirable because they are close to many services. Andy rebutted the comments about apartments in Robbinsdale and Brooklyn Park, noting that those communities are not the most desirable for apartments with high -end amenities. The apartment community that they are planning to build would be comparable to quality apartment communities in suburbs like Plymouth or Maple Grove. City Council Meeting Minutes — September 23, 2013 Page 8 Glen Posusta asked about properties that IRET Properties have disposed of Andy said those were in Fargo in an area that was overcrowded with apartments. They did not feel they represented the quality in which IRET normally invests. Brian Stumpf reiterated that IRET Properties builds high quality properties and he is impressed with what they are proposing. However, he does not feel the building would fit well at the location. He suggested that there may be better sites in the city. Clint Herbst explained that Council should be looking at rezoning and not necessarily the height of the building for this decision. If this property is suitable for R -4 multi - family housing, then the rezoning may be appropriate. Tom Perrault noted that he had talked to Andy Martin and took a tour of some of their buildings. He has been in favor of this project but does have a concern about the balconies that may be included in the apartment complex. Tom Perrault talked about some of the uses that could be allowed on the property as it is currently zoned and feels that some of the B -4 uses would not be desirable at that location. However, he thinks it best to leave the zoning as B -4 at this time. Tom Perrault acknowledged that there is a need for multi - family housing in Monticello. Lloyd Hilgart offered several comments. He did a lot of research and noted that in regard to traffic, use as R -4 would generate less traffic than B -4; in regard to property values, two local appraisers did not see that such a development would adversely affect property values; and in regard to crime, Lieutenant Dan Anselment said he did not anticipate any negative effect from an apartment complex of this type. He did note that he is not sure about the height of the building but that will be subject to further discussion and is not part of the decision tonight. Lloyd also mentioned that his mother lives in a similar building in Rogers and is very pleased with this type of apartment community. Andy Martin was asked to talk about the height of the building. He explained that they are working with the design of the building to see if they could bring it down to a 3 -story building. They originally designed it as a 4 -story building to accommodate the needed setbacks and buffering. He talked about the cost of building high -end apartments and the need to have enough density to make the costs work. They are reconsidering the height for two reasons: the opposition to the height and the location within the Wild and Scenic designation. Glen Posusta asked about the possibility of lowering the first level apartments. Andy explained that is not desirable in apartment housing and makes it more difficult to deal with the underground parking. Glen Posusta suggested that the rezoning should be approved tonight and then Council can work out details with the developers during site design review. Decision #1: GLEN POSUSTA MOVED FOR ALTERNATIVE #1 TO ADOPT ORDINANCE NO. 583 REZONING FROM B -4 (REGIONAL BUSINESS) TO R -4 (MEDIUM -HIGH DENSITY RESIDENTIAL), BASED ON THE FINDINGS FOR APPROVAL IDENTIFIED IN DECISION #2. CLINT HERBST SECONDED THE MOTION. City Council Meeting Minutes — September 23, 2013 Page 9 MOTION CARRIED 3 -2 WITH BRIAN STUMPF AND TOM PERRAULT VOTING IN OPPOSITION. Tom Perrault and Brian Stumpf stated their preference to keep the existing commercial designation and that the scope of the R -4 zoning district is not appropriate for the subject property. Decision #2: LLOYD HILGART MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2013 -078 APPROVING THE COMPREHENSIVE PLAN AMENDMENT TO RECLASS SUBJECT PROPERTY FROM "PLACES TO SHOP" TO "PLACES TO LIVE" AND SUPPORTING THE FINDINGS FOR APPROVAL OF REZONING. GLEN POSUSTA SECONDED THE MOTION. MOTION FAILED 3 -2 WITH BRIAN STUMPF AND TOM PERRAULT VOTING IN OPPOSITION. (It was noted that a Comp Plan amendment requires a super majority vote of approval.) Angela Schumann explained that zoning district should match the land use specified in the Comprehensive Plan. Since the Comp Plan amendment was not approved by a super majority vote, the land use designation for the subject property remains as "Places to Shop." 10. Added items • Streetli ting - Ridgemont Apartments Brian Stumpf noted that Tom Moores had brought to his attention that the street lighting is not adequate in that area along Minnesota Street adjacent to the Ridgemont apartments. Council directed staff to look into that. 11. Adjournment BRIAN STUMPF MOVED TO ADJOURN THE MEETING AT 9:24 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Catherine M. Shuman 84--1 Approved: October 14, 2013 Attest: t dministrator City Council Meeting Minutes — September 23, 2013 Page 10