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City Council Minutes 07-14-2003MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, July 14, 2003 - 7 p.m. Members Present: Roger Carlson, Glen Posusta, Robbie Smith, Brian Stumpf and Bruce Thielen. Members Absent: None 1. Call to Order. Mayor Thielen called the meeting to order and declared a quorum present. The Pledge of Allegiance was said. Mayor Thielen expressed his thanks to Gary Anderson, the Monticello Lions Club, the Rotary Club, Women of Today and all the volunteers who helped make Riverfest a success. 2A. Approve minutes of June 23, 2003 special Council meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE JUNE 23, 2003 SPECIAL COUNCIL MEETING. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 213. Appl'ove minutes of .Tune 23.2003 reLyular Council meetinLi. ROGER CARLSON MOVED TO APPROVE THE MINUTES OF THE JUNE 23, 2003 REGULAR COUNCIL MEETING. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Bruce Thielen added discussion of the ADS boxes in the Meadow Oaks area. Robbie Smith asked that discussion of the traffic light situation be added. Jeff O'Neill added consideration of moving forward with the design of the lift station for the Wild Meadows area (Now called Sunset Ponds). Rick Wolfsteller added scheduling of a meeting with the township officials. 4. Citizen comments/petitions, requests and complaints. Mayor Thielen explained the purpose of the citizen comment portion of the agenda. No one spoke under citizen comment. 5. Consent Agenda: A. Consideration of approval of charitable gambling license for Monticello VFW. Council Minutes - 7/14/03 Recommendation: Approve charitable gambling license for Monticello VFW. Resolution No. 2003-43. B. Consideration of ratifying new hires for Streets and Parks Department and Liquor Store. Recommendation: Approve new hires as identified. C. Consideration of approval of charitable gambling license for St. Henry's Fall Festival. Recommendation: Approve charitable gambling license for St. Henry's Fall Festival. Resolution No. 2003-44. D. Consideration of approving a temporary 3/2 beer license for St. Henry's Parish Fall Festival. Recommendation: Approve 3/2 beer license for September 13 & 14, 2003 for the Church of St. Henry's. E. Consideration of resolution approving election of city manager for inclusion in PERA. Recommendation: Adopt resolution approving election of city manager for inclusion in PERA. Resolution No. 2003-45. F. Consideration to review setback standards in R-1 A, R-1, R-2 and R -2A districts for the purpose of clarification of regulations. Recommendation: Move to approve the Zoning Ordinance amendment relating to setback regulations, based on a finding that the proposed amendment is consistent with the City's historical application of setback requirements, and reflects the intent of the City in previous decisions. G. Consideration of development stage PUD and preliminary plat for Carlisle Village. Applicant: Shadow Creek Development. Recommendation: Approve the development stage planned unit development and preliminary plat approval for Carlisle Village subject to the conditions set forth in Exhibit Z. H. Consideration of approval of the final plat and rezoning for Parkside at Meadow Oaks Second Addition. Recommendation: Approve the final plat and rezoning for Parkside at Meadow Oaks Second Addition. Ordinance Amd 9393 and Resolution No. 2003-46. Consideration of approval of final plat of the Hillside Farms Second Addition. Recommendation: Adopt resolution approving final plat of the Hillside Farms Second Addition. Resolution No. 2003-47. J. Consideration of a request for a conditional use permit allowing concept stage planned unit development for 2 four unit townhouses. Applicant: Emerald Estates, LLC. Recommendation: Approve the conditional use permit for concept stage PUD for 2 four unit townhouses. 2 Council Minutes - 7/14/03 K. Consideration to adopt a resolution extending the Compliance Date within the Contract for Private Development between the HRA, City and Twin City Die Castings. Recommendation: Adopt the resolution extending the Compliance Date within the Contract for Private Development between the HRA, the City, and Twin City Die Castings from July 26, 2003 to July 26, 2004. L. Consideration of approval of resolution having Minnesota Statutes Section 272.162 relating to transfer of property enforced by Wright County. Recommendation: Adopt the resolution requesting Minnesota Statutes Section 272.162 be enforced by Wright County. Resolution No. 2003-48. City Engineer Bret Weiss suggested moving agenda item # 14 which covered approving plans and specifications for the River Street sanitary sewer replacement, Project No. 2002-13 C to the consent agenda. Agenda items #10 and #11 were also added to the consent agenda. Robbie Smith asked that item #5F be removed for discussion. ROBBIE SMITH MOVED TO APPROVE THE CONSENT AGENDA WITH ITEM 45F BEING REMOVED AND ITEMS # 10, # 11 AND # 14 BEING ADDED. GLEN POSUSTA SECONDED THE MOTION. Brian Stumpf noted that he would be abstaining from the vote on item #10 because he is a vested member of the Relief Association but he would be voting on the other items on the consent agenda.. Mayor Thielen suggested that the motion be amended to leave item #10 off the consent agenda and consider it as a separate item. ROBBIE SMITH AMENDED HIS MOTION ON THE CONSENT AGENDA TO REMOVE ITEM #5F AND TO ADD ITEMS #11 AND #14. GLEN POSUSTA SECONDED THE AMENDED MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. Item #5F dealt with an ordinance amendment to clarify setbacks in the R-1, R-1 A, R-2 and R -2A districts. In reading the proposed amendment, Robbie Smith felt it was not clear. He felt it would clarify the intent of the ordinance if instead of a listing a total minimum side yard setback, it would list a minimum side yard setback for the house side and a minimum side yard setback for the garage side. BRIAN STUMPF MOVED TO TABLE ACTION ON THE PROPOSED ORDINANCE AMENDMENT TO ALLOW STAFF TIME TO REVIEW AND CLARIFY THE LANGUAGE. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Council Minutes - 7/14/0' 7. Public Hearing - Consideration of adopting annexation ordinance annexing the Chadwick/Otter Creek propertylying in Section 10, Township 121, Range 25. Deputy City Administrator, Jeff O'Neill provided background on the request for annexation of a 60 acre parcel owned by John Chadwick. The area covered by this annexation request lies to the south and southeast of the area previously annexed. The property meets the requirements of the statutes for annexation by ordinance but there is some question whether it meets the city's criteria, which includes being able to serve the area with utilities and submittal of a development plan for the property. Jeff O'Neill noted that this area is covered by a PUD which identifies Area A as commercial and light industrial uses; Area B as light industrial and some mining and Area C as an area for future study and possibly a buffer zone between the industrial area and the Bondhus development. If the City Council is satisfied that this area is properly identified for planning purposes, then the annexation should take place. Jeff O'Neill noted that by not annexing the area, it could slow development of Area B which is industrial. Roger Carlson asked where the utilities are located in relation to this property. Jeff O'Neill stated the utilities are on the east side of the road. It was noted that if the annexation was approved the church property would be surrounded by the city limits. The church has not requested annexation but it was felt that this property would be annexed into the city at some future date. The Council discussed whether they could open the public hearing and then table action on the annexation until Chadwick could provide a more detailed development plan. Jeff O'Neill suggested that the Planning Commission look at any submittal by Chadwick. Brian Stumpf pointed out that the Planning Commission would have to hold their own public hearing on any concept stage PUD. City Attorney, Matt Brokl, stated the city could open the public hearing and then table action on the annexation ordinance until such time as the Planning Commission could review the concept stage PUD. Jeff O'Neill asked if a just a portion of the property could be annexed. Matt Brokl indicated it could as long as there was a separate legal description. Paul Billotta from Otter Creek Development, discussed the proposed development. He noted that the City's proposal for School Boulevard would impact their development plans. He stated once the area is annexed the City could proceed with planning for their utilities. He felt the annexation would open up adjacent properties for development. Mr. Billotta indicated their intent was to get the annexation completed and then put together a development plan. Procedure for planning made more sense once they were in the city. Roger Carlson stated he was concerned about moving forward without a more definite plan. While Roger Carlson felt the property would be annexed eventually he wasn't sure this was the correct time to do it. The City Council wanted to see what the developer was going to do with the site before annexation takes place. Jeff O'Neill stated there is a somewhat approved PUD in place but Area C was not covered in that PUD. ROBBIE SMITH MOVED TO TABLE THE PUBLIC HEARING ON THE ANNEXATION ORDINANCE FOR THE CHADWICK DEVELOPMENT UNTIL THE COUNCIL MEETING OF EITHER AUGUST 11TH OR AUGUST 25TH. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4 Council Minutes - 7/14/03 8. Public Hearing - Consideration of adopting annexation ordinance annexing property 1 ing in Section 19, Township 121, Range 24 (Hermes/Farr). Jeff O'Neill provided background information on this annexation request which is a 40 acre parcel lying south of property that was previously annexed. The criteria of a development plan and ability of the property to be serviced with utilities have been met and the property is ready for annexation. It was noted that there is a property dispute on a portion of the site that is being considered for annexation. Matt Brokl, City Attorney, stated that the property dispute is private matter between the property owners and should not impact the annexation. Brian Stumpf asked about the property line dispute and how it would impact any setbacks or tree preservation for the development. If the plat needs to be redrawn because of the property dispute, the county would not record the plat until it was redrawn. Matt Brokl stated that it is not the City's obligation to prove ownership of the property. The developers have submitted that they are the owners of the property. If there is an error in the legal description of the land they own it would be caught at the time the plat is recorded. Jeff O'Neill submitted a letter from Scott Walters which objected to the proposed annexation for these reasons: 1) He is the owner of 1 1/2 acres of the property being annexed; 2) The proposed development does not meet the requirements of an R-1 A district and 3) The density of the proposed development will have a negative impact on wildlife habitat. Mayor Thielen opened the public hearing on the annexation ordinance. Pat O'Donnell, attorney for Scott Walters, spoke on the annexation request and reiterated the three concerns noted in the letter from Mr. Walters with the primary concern being the 1 1/2 acres that is in dispute. If it is ultimately decided that the property is indeed owned by Mr. Walters a number of lots within the proposed development would no longer meet design standards. If it is determined that the land is owned by Shadow Creek Corporation, then Mr. Walters would no longer have a 40 acre parcel and that would impact how he could use his property under the county's zoning ordinance. In addition if the land is owned by Mr. Walters then a portion of his property would be in the city limits and the balance in the township. The developer would also have to give notice to potential buyers of the lots that there is a property dispute affecting certain lots within the development. Mr. O'Donnell suggested that if the City wanted to proceed with the annexation they should annex that area that is not being disputed. Evan Rice, attorney representing the Shadow Creek Corporation, provided a sketch showing the area that was in dispute and agreed that if Mr. Walters prevailed in the land dispute it would require the developer to reconfigure a number of lots. He noted that the legal dispute is for the courts to decide. The annexation request meets all the requirements of the statutes and should be approved. These types of land disputes are common and the City could be setting a precedent that would allow easy derailment of land use applications if they deny the annexation because of a disputed legal description. 5 Council Minutes - 7/14/03 �s Ted Holker, owns property to the south, east and west of the property requesting annexation. He stated that all property owners must petition for annexation and Scott Walters did not petition to have his property annexed. Ted Holker stated that the fence has been there for years and there is a rule of thumb that if the fence line has been established a certain length of time it becomes the property line. He indicated that there was a survey of the area done in 1981. He questioned how the City could annex the property without the ownership question being resolved. Ted Holker also asked about holding pond in the southeast corner of the proposed development. Bret Weiss stated there are some wetlands in the area but no holding pond. Ted Holker was concerned about flooding to his property and wanted to make sure that any ponding areas were constructed at an elevation that would not cause flooding of his property. Ralph Hermes stated that he has owned the land for 30 years and that the property ownership question will be resolved. Bruce Thielen noted property disputes were not uncommon when dealing with metes and bounds descriptions. Mayor Thielen then closed the public hearing. Brian Stumpf stated that the developer has put in a lot of work to come up with a development plan and has met the City and statutory requirements for annexation. BRIAN STUMPF MOVED TO ADOPT AN ORDINANCE ANNEXING THE FARR/HERMES DEVELOPMENT PROPERTY AS REQUESTED BASED ON THE FINDING THAT THE ANNEXATION REQUEST IS CONSISTENT WITH CRITERIA FOR ANNEXATION DEFINED BY STATE STATUTES AND BASED ON THE FINDING THAT UTILITIES ARE AVAILABLE AND THE PROPERTY IS PLANNED FOR A DEVELOPMENT IN A MANNER CONSISTENT WITH THE COMPREHENSIVE PLAN. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of amendments to City liquor ordinances. City Administrator, Rick Wolfsteller, explained that after the Council had approved amending the ordinance for the extended hours as allowed by state statutes staff reviewed the city's liquor/beer ordinances. As a result of this review, there were some additional revisions that made to the ordinances to match state statutes. In addition the City could add a charge for the extended hours license to cover the cost of sheriff patrol which was an item not covered in earlier discussions of the extended hours license. Brian Stumpf was comfortable with the other changes to the City's liquor/beer ordinances but did not feel the City should be charging anything for the extended hours license. BRIAN STUMPF MOVED TO APPROVE THE CHANGES IN THE CITY'S LIQUOR/BEER ORDINANCES AS NOTED WITHOUT ADDING A CITY CHARGE FOR AN EXTENDED HOURS LICENSE. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. I Council Minutes - 7/14/03 10. Consideration ofrg anting an increase to the individual pension for volunteer Firefighters Relief Association members. The Council had no questions on the proposed increase to the pension fund for the Firefighters Relief Association members. ROGER CARLSON MOVED TO GRANT AN INCREASE TO THE INDIVIDUAL PENSION FOR VOLUNTEER FIREFIGHTERS RELIEF ASSOCIATION MEMBERS TO $2,225 PER YEAR. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF ABSTAINING BECAUSE HE A VESTED MEMBER OF THE RELIEF ASSOCIATION. 11. Consideration of approving a two year agreement with Wright County to perform assessing dIItiec_ This item to approve entering into a two year agreement with Wright County Assessor for assessing duties at $10 per parcel for 2004 and $10.50/parcel for 2005 was included with the consent agenda. 12. Consideration of ratifying union contract. City Administrator, Rick Wolfsteller summarized what had taken place in negotiations with the union. The changes included : 1) Change to the work schedule; 2) Severance benefit of unused sick leave to be handled the same as non-union; 3) Salary schedule adjustment of 3% for the first year of the contract and 2% for the second year; and 4) A step seven would be added to the salary schedule which would be the same as the non-union personnel. ROBBIE SMITH MOVED TO RATIFY THE CURRENT CONTRACT EXTENSION AS OUTLINED IN THE CONTRACT PROPOSAL SUMMARY AND MAKE THE BENEFITS RETROACTIVE TO APRIL 1, 2003. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Consideration of petition for annexation. Property owners: Witschen, Markling & Frie. Deputy City Administrator, Jeff O'Neill, stated that this petition does not comply with city policy for annexation and for that reason, staff is asking if the City Council wants to accept the petition. Although it does not meet city criteria, the property owners did want the petition to come before the Council. The parcel is a 7 acre parcel lying between the freeway and CSAR 75. At this time there is no development plan for the area nor is the use of this area established in the City's Comprehensive Plan. It was noted that when the MOAA was in existence they felt the area should remain as green space. At this time the City does not have a plan for the area nor is it known how 7 Council Minutes - 7/14/03 the property would be accessed. In addition the proposed CSAH 18/I-94 interchange could impact this property. Brian Stumpf felt that the Policy Committee set up at the CSAH 18/I-94 workshop should review this parcel. Bruce Thielen felt this area should not be considered for annexation until the City has time to study what is going to happen in this area. ROBBIE SMITH MOVED TO DENY ACCEPTANCE OF THE PETITION AND DIRECT THE APPLICANT TO UNDERTAKE A FEASIBILITY STUDY AND PREPARE A DEVELOPMENT PLAN FOR THE SITE WHICH WOULD INCORPORATE THE POTENTIAL NEED TO REALIGN NEIGHBORING ROAD CORRIDORS. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 14. Consideration of approving dans and specifications River Street Sanitary Sewer Replacement Proiect No. 2002-13C. As part of the consent agenda, the Council approved the plans and specifications and authorized the advertisement of bids for the improvements to the River Street Sanitary Sewer. 15. Consideration of award of bids for River Street/Prairie Road/CSAH 75 and consideration of entering into a cost sharing agreement with Wright County for the proposed improvement. City Engineer, Bret Weiss reported that one bid had been received on the project. The bid submitted by Buffalo Bituminous had a price of $59,646.25 for the realignment work and $29,964 for the extension of the CSAH 75 bypass lanes. The County originally stated they would participate in the cost but the now they indicate they do not have the funds to do this work. Brian Stumpf asked how the City was going to finance this project. City Administrator, Rick Wolfsteller stated that the City could borrow from its reserve funds. Bruce Thielen felt although the County wanted to limit access onto county roads, they were reluctant to make improvements. BRIAN STUMPF MOVED TO AWARD THE PROJECT (BASE BID AND ALTERNATE BID) TO BUFFALO BITUMINOUS IN THE AMOUNT OF $89,610.25 WITH THE CITY ADMINISTRATOR TO DETERMINE THE FUNDING SOURCE. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 16. Consideration of right-of-way acquisition Chelsea Road West Extension - Otter Creek Development. Deputy City Administrator, Jeff O'Neill stated that the City Council is being asked to get involved in the acquisition of right of way for Chelsea Road as the property owners have not been able to negotiate a settlement. If the property owners cannot resolve the issue, the City could use eminent domain to acquire the land for public right of way. Since there does not appear any resolution to the right of way negotiations does the City want to pursue right of way acquisition. Any cost the City E Council Minutes - 7/14/0' would incur in the eminent domain process would be reimbursed by the developer. The City will enter into an agreement with the developer outlining these costs. City Engineer, Bret Weiss stated although there has been ongoing discussions Mr. Chadwick would like to start the process of eminent domain and get an appraisal even. It was suggested that a mediator could possibly be used to resolve the issues. City Attorney, Matt Brokl , pointed out that the City is not at the point where they are ready to adopt a resolution authorizing eminent domain. The City is authorizing staff to proceed with getting an appraisal and negotiate an agreement on the costs. Matt Brokl stated with the changes to the law there is a number of steps in the eminent domain procedure and this is just one of them. that the City has to take. The attorney for Denny Hecker pointed out they are making an effort to resolve this. They have made an offer but there has been no counteroffer from which negotiations can continue. BRIAN STUMPF MOVED TO DIRECT STAFF TO PROCEED WITH INITIATION OF THE EMINENT DOMAIN PROCESS AS NOTED BY THE CITY ATTORNEY IN HIS MEMO OF JULY 9,200-31 AUTHORIZING 1) CITY AND REQUESTING PARTY TO ENTER INTO AN AGREEMENT RELATING TO PAYMENT OF COSTS INCURRED BY THE CITY; 2) OBTAINING AN APPRAISAL AND 3) CITY NEGOTIATING WITH THE EXISTING PROPERTY OWNER. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 17. Approve payment of bills for July, 2003. ROGER CARLSON MOVED TO APPROVE PAYMENT OF BILLS FOR JULY. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Addvd Itomc- ADS Boxes - Bruce Thielen noted that in driving through the Meadow Oaks development the ADS boxes were in poor condition but he didn't know what authority, if any, the City had to get them replaced. John Simola will check into this and see what can be done. Signal Timing - Bret Weiss reported that Chuck Rickert a traffic engineer from WSB had evaluated the timing of the lights on TH 25. Although MnDOT has indicated that the timing is coordinated, Mr. Rickert did not find that to be the case and felt that the timing needed to be updated. Bret Weiss noted there are other issues as well such as, number of uncontrolled intersections and the number of accesses onto the road. WSB will discuss this with the MnDOT engineer. Glen Posusta questioned whether anything could be done about vehicles that are blocking the intersections. The consensus of the Council was to have the engineer continue to work with MnDOT on the timing of the lights. 9 Council Minutes - 7/14/03 Wild Meadow (Sunset Ponds) lift station - Jeff O'Neill reported that the development is moving forward. Part of the utility requirements for this development is the construction of a lift station. Staff was asking Council to authorize the engineer to proceed with plans and specifications for the lift station. ROGER CARLSON MOVED TO AUTHORIZE WSB & ASSOCIATES TO PROCEED WITH THE PLANS AND SPECIFICATIONS FOR THE SANITARY SEWER LIFT STATION TO SERVE THE WILD MEADOWS (SUNSET PONDS) DEVELOPMENT. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Joint Meeting with Township - The Council had expressed an interest in meeting with township officials to discuss various issues including annexation. The Council discussed setting a special meeting for August 11, 2003 at 5:30 with the township. Elm Street - Glen Posusta asked if the City had looked at the cost of paving the gravel portion of Elm Street as the property owners had asked about it. Bret Weiss indicated they had not done a cost estimate for that work. John Simola stated that they could come up with a cost estimate and present the information to the property owners. 18. Adjourn. BRIAN STUMPF MOVED TO ADJOURN AT 8:55 P. M. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 0 Uk� ..-J 5 Recording Secretary l� 10