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City Council Minutes 01-23-2006MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday January 23, 2006 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, and Glen Posusta Members Absent: Brian Stumpf 1. Call to Order and Pledge of Allegiance. Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of January 9, 2006 regular Council meeting. Glen Posusta noted corrections on the motion for setting the boundary on the Core Street Project and on the motion to approve a variance for a second driveway for Richard Bastien. Tom Perrault pointed out that the address of the Tracy property is 407 6th Street not 4th Street. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF JANUARY 9, 2006 REGULAR COUNCIL MEETING WITH THE CORRECTIONS NOTED. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 211. Summary of closed meeting of January 17, 2006 The City Attorney indicated that it was not necessary to provide a summary of the closed meeting. 3. Consideration of adding items to the agenda. City Administrator, Rick Wolfsteller added to the agenda clarification on equipment purchase for the MCC fitness area and clarification of Council direction on an item on the January 9, 2006 agenda relating to sale of land in the Jefferson Commons development. Glen Posusta added discussion of a safety concern on CSAH 75 and the need to take some action to correct it. Clint Herbst added discussion on upgrading of Dundas Road to be included with agenda item #5E. 4. Citizen comments, petitions, requests and complaints. No one spoke under citizens comments. 5. Consent agenda: A. Consideration of approving hires and departures. Recommendation: Approve the hires and departures as identified. B. Consideration of renewal of charitable gambling license - J.P.s Recommendation: Council Minutes: 1/23/06 Adopt the resolution recommending approval of the license renewal. C. Consideration of setting date for Board of Review on April 25, 2006 at 7 p.m. Recommendation: Set Tuesday April 25, 2006 at 7 p.m. as the date for the 2006 Board of Review. D. Consideration of calling for public hearing on extension of utilities for Hidden Forest development. Recommendation: Approve a resolution setting a public hearing on the extension of utilities to the Hidden Forest/Niagara Falls developments for February 13, 2006. E. Consideration of authorization to complete update to feasibility study for Cedar Street from Chelsea Road to Dundas Road. Recommendation: Accept petition for improvements and authorize updating of the feasibility report for the reconstruction of Cedar Street from Chelsea Road to Dundas Road contingent upon developer depositing funds to cover the cost of completing the report. F Consideration of a request for rezoning from PZM (Performance Zone Mixed) to B-3 or B-4. Applicant: MMC Land Company. Recommendation: Adopt an ordinance amendment recommending approval of the rezoning from PZM to B4 based on a finding that it is the most appropriate zoning for the area due to highway proximity and traffic volumes. G Consideration of a request for rezoning from PZM (Performance Zone Mixed) to B-3 (Highway Business). Applicant: Kean of Monticello. Recommendation: Move to deny the rezoning for the requested parcels of MacCarlund Plaza, based on a finding that due to the boundary with residential uses and the conflicts that could be created by B-3 uses, PZM is the most suitable zoning district for the site Items #5E, #5F and #5G were pulled from the consent agenda. TOM PERRAULT MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS #5E,#5F AND #5G. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. #SE Cedar Street Improvement from Chelsea Road to Dundas Road. This item was pulled in order to discuss the status of Dundas Road. Mayor Herbst noted it was the only gravel road in the city and felt the Council should discuss the plan for that street. Bret Weiss stated at one time Home Depot was considering a site in that area and improvements to the road were considered as part of the development. Since the development did not occur no action was taken on improving the road. He felt the alignment of Dundas Road would remain the same. Clint Herbst stated he is aware that there is a property owner in the area who is not willing to 2 Council Minutes: 1/23/06 have any improvements made to the road but Clint Herbst felt at some point the City needed to proceed with the improvements to the roadway. Bret Weiss stated the City could use state aid funds to put in the improvement and assess the cost back when the property develops. Glen Posusta felt by having Dundas Road improved it might take some of the traffic pressure off of Chelsea Road and School Boulevard. He would like to see the feasibility study include improvements to Dundas Road from Cedar Street to Edmonson Avenue. GLEN POSUSTA MOVED TO ACCEPT THE PETITION AND AUTHORIZE UPDATING THE FEASIBILITY REPORT FOR THE RECONSTRUCTION OF CEDAR STREET FROM CHELSEA ROAD TO DUNDAS ROAD AND THE IMPROVEMENT OF DUNDAS ROAD FROM CEDAR STREET TO EDMONSON AVENUE, PROVIDED THAT THE DEVELOPER DEPOSITS FUNDS TO COMPLETE THE STUDY. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #SF: Rezoning from PM to B-3 or B-4 for MMC Land Company: Steve Grittman provided a summary on the rezoning request. Planning Commission had recommended approving the rezoning to a B-4 district because of the its proximity to the interchange and major roadways. The Planning Commission vote was split 2-2 so the Council needs to determine if they want to consider the rezoning. Staff recommendation was to rezone the property to B-4. Glen Posusta asked if they could rezone just certain parcels, 10 10, 1020 and 1030 but not parcel 2010. Steve Grittman stated that the staff recommendation was to rezone just the three parcels abutting CSAH 75. Karl Talonen 9796 Hart Boulevard stated that the PZM zoning allows a mix of commercial and residential uses. He questioned why it was necessary to rezone it to B-4. It was stated that the road provides a barrier between the proposed commercial use and the existing residential use and there would be buffering done as part of any development. The developer indicated that the back of the property which would be adjacent to the residential area would be landscaped. Karl Talonen stated his concern that by rezoning it to B-3 or B-4 it is opening the area up for more uses than are needed by the area. He stated he was not opposed to rezoning for parcel 1010 and 1020 but he did not feel rezoning was appropriate for parcel 1030. Glen Posusta stated at the Planning Commission meeting there was considerable amount of contention about parcel 2010 because it had no buffer. The Planning Commission didn't feel rezoning parcel 1030 to B-3 was a big deal since it faced CSAH 75 and the back side of the property could be buffered to the residential property. Karl Talonen stated that there has been no berming or landscaping along the ATS Sports site since that has been built. Clint Herbst asked what type of control is there in the PZM district for the City to ensure the landscaping and buffering is done. Steve Grittman stated that most of the commercial uses in the PZM designation are allowed by conditional use. Any commercial development in this area would require a buffer regardless of zoning designation. The Council asked about the median on CSAH 75 that prevents people from turning between the O'Ryan site and parcel 3 Council Minutes: 1/23/06 1030. Bret Weiss indicated that when the interchange is completed the median would come out. Glen Posusta stated he was leaning toward rezoning it B-3 rather than B-4. The B-3 district it was pointed out is set up to be more automotive intensive than the B-4 district. B-4 is typically more retail activity. However it was noted that any use allowed in a B-1, B-2 or B-3 district would be allowed in a B-4 district. The property owner stated that at this time they have not tenant or specific development lined up. Their plan was to get the zoning in place so when development came along that part of the process would be done. Clint Herbst felt parcel 1010 was okay with either a B-3 or B-4 zoning but he felt the other parcels should come back with a conditional use permit. Glen Posusta said the reason for rezoning was because of the area changing with the development of properties around the interchange. Clint Herbst stated that once they know what is coming into the site, the City could rezone the property at that time or allow the use under the conditional use permit process. Wayne Mayer said he understood why Clint Herbst would allow parcel 1010 to go as B-3 and asked if his intent was that parcel 2010 and 1030 would remain in the PZM district. WAYNE MAYER MOVED TO DENY THE B-4 REZONING FOR PARCEL 1030 AND TO LEAVE THE EXISTING PZM ZONING FOR PARCEL 1010. SINCE THE DEVELOPMENT ON PARCEL 1020 IS THERE BY CONDITIONAL USE PERMIT THE CITY SHOULD REZONE PARCEL 1020 TO B-4. The property owner felt that parcel 1030 should also be rezoned to B-4 since there is plenty of area for buffering the commercial use from the adjacent residential properties. Josh Blonigen 9806 Hart Boulevard stated that making it a B-4 district made it more difficult for residents to restrain what is going in and that the B-4 zoning designation allows more intensive commercial use. He also noted concern with noise emanating from a commercial development. He stated parcel 1030 should remain PZM zoning and did not oppose rezoning for the other parcels. WAYNE MAYER AMENDED HIS MOTION TO RETAIN THE PZM ZONING FOR PARCELS 103 AND 2010 AND TO REZONE PARCEL 1010 TO B-4. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #SG Rezoning from PZM to B-3 for Kean of Monticello: Jeff O'Neill informed the Council that the applicant had requested that this item be tabled. TOM PERRAULT MOVED TO TABLE THE CONSIDERATION OF A REZONING REQUEST FROM PZM TO B-3 FOR KEAN OF MONTICELLO. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11 Council Minutes: 1/23/06 7. Public Hearing - Consideration of certifying delinquent utility accounts for 3rd quarter 2005. The Council considered the certification of delinquent utility accounts. Mayor Herbst opened the public hearing. There was no one present who spoke on this item. Mayor Herbst then closed the public hearing. Tom Perrault stated that he had received a complaint that the tone of the delinquent letter was harsh and asked if that could be looked at. Clint Herbst suggested that the City look at some kind of plan for turning off the water for those delinquent accounts. CLINT HERBST MOVED TO ADOPT THE ASSESSMENT ROLL FOR DELINQUENT UTILITY CHARGES AS PRESENTED. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Public Hearing on appeal of denial of variance for maximum size of accessory building. Applicant: Wallboard, Inc. The Council acted on item #9 prior to considering item #8. After Council action on #9, City Attorney Tom Scott indicated that for #8 the Council could table action on the appeal until the applicant had an opportunity to withdraw the appeal. Mike Sandler from Wallboard Inc. indicated they are in favor of the amendment that was approved and that he was officially withdrawing their appeal of the denial of the variance. 9. Consideration of zoning text amendment to increase the amount of allowable square footage for detached accessory structures in the I-2 (Heavy Industrial) and 1-1 Light Industrial) districts. Steve Grittman provided background information noting that the Planning Commission met in a special meeting prior to this council meeting to consider an amendment to the I-2 district allowing for an increase in the amount of allowable square footage for accessory structures. Steve Grittman noted the request by Wallboard, Inc. had generated interest in allowing accessory structure space to go beyond 30% of the gross floor space of the principal use. The Planning Commission recommended amending the I-2 provisions to allow for 40% of the gross floor space of the principal use for accessory structures. Glen Posusta stated that Wallboard is storing materials outside which is allowed under the ordinance. The property owner would prefer not to store it outside. He added that AVR's accessory building will larger than their main building. GLEN POSUSTA MOVED TO RECOMMEND APPROVAL OF AN AMENDMENT TO THE MONTICELLO ZONING ORDINANCE, SECTION 16-3, REGULATING ACCESSORY STRUCTURES IN AN I-2 (HEAVY INDUSTRIAL) DISTRICT, BASED ON A FINDING THAT THE AMENDMENT WILL GRANT GREATER USE OF INDUSTRIAL PROPERTY. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY 5 Council Minutes: 1/23/06 10. Consideration of acceptance of scone of services and cost estimate from NAC for Comprehensive Plan update or direction to staff to initiate RFP process. Steve Grittman from NAC reviewed their proposal for updating the Monticello Comprehensive Land Use Plan. There are three phases as part of the update: 1) Policy and Concept Planning; 2) Infrastructure Planning and 3) Analysis and Final Plan. Steve Grittman reviewed the activity that would be completed in each phase. The cost for the first phase of the plan update would be $30,950; Phase 2 is estimated at $3,550 and Phase 3 is $22,650. The estimated project cost including materials is $58,950. Steve Grittman indicated that it would take approximately 16 months to complete the update. Wayne Mayer felt that Monticello was reaching a crossroad in development. This Council needs to be visionary and should look at what some other planning companies could bring to the table. Clint Herbst stated that nothing that NAC has done makes him feel they need to look elsewhere but he did feel it was good to explore different ideas and ways of looking at development in the future. Where Monticello is located they are situated for growth. He felt the City should see what other firms had to offer. WAYNE MAYER MOVED TO DIRECT STAFF TO PREPARE AN RFP FOR THE UPDATE OF THE CITY'S COMPREHENSIVE PLAN FOR DISTRIBUTION TO PLANNING FIRMS. GLEN POSUSTA SECONDED THE MOTION. Glen Posusta stated he thought staff had been directed to do this before. Clint Herbst replied that the Council had directed that this be done six months ago. When the new Council came on, staff had indicated to them that updating the Comprehensive Plan was a top priority and the Council had acted to move it forward by authorizing that RFP's be prepared. UPON VOTE BEING TAKEN, THE MOTION PASSED UNANIMOUSLY. 11. Consideration of designating a site and terms for land trade with Kevin Tracy. Clint Herbst asked if the Council had any questions regarding the proposed land exchange with Kevin Tracy. Tom Perrault asked what the land value was and City Administrator, Rick Wolfsteller stated that initially the price was for $4-$5/sq. ft. Glen Posusta felt the bigger question was what was the Tracy property worth to the City. Wayne Mayer asked about the cost of extending utilities to the site. Glen Posusta stated that Mr. Anderson had indicated that he was happy with what staff had done to accommodate him. WAYNE MAYER MOVED TO APPROVE THE PROPOSED EXCHANGE UNDER THE GENERAL TERMS IDENTIFIED AND DIRECTED THE CITY ATTORNEY TO PREPARE DOCUMENTS ACCORDINGLY WITH THE MOTION BEING CONTINGENT UPON FINAL STAFF REVIEW AND APPROVAL OF ROOF AND EAVE DESIGN. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. rel Council Minutes: 1/23/06 12. Consideration of designating council representative to Wright County Planning Task Force. The City was asked to designate representatives to serve on the Wright County Planning Task Force, which has been establish to provide input on the update of the County's Comprehensive Land Use Plan and other planning issues. Clint Herbst, Tom Perrault and Jeff O'Neill expressed their interest in serving. Glen Posusta suggested perhaps Rod Dragsten from the Planning Commission could serve as well. Added Items: Equipment purchase for MCC: The MCC is looking to purchase additional fitness equipment as well as replacing old equipment. The estimated cost for this equipment is $13,000-$14,000. If that is acceptable to the Council staff would initiate the purchase process. Clint Herbst ask if they were going to remove some of the equipment. Kitty Baltos stated that the recumbent bikes would be removed as they broke down and would be replaced with two elliptical trainers, two recumbent bikes, a Lat Pull Down machine and Olympic bench and bar. Glen Posusta did not agree with the proposal stating there are other exercise places in Monticello. Kitty Baltos stated that this is the busiest time of the year for the MCC and the fitness area is being used heavily. Some of the fitness equipment will be moved into the aerobic room. Glen Posusta asked if staff had done any kind of audit of their membership to determine what features were used, how often, etc. He felt this information was essential in planning what equipment to get and what activities to provide. Kitty Baltos indicated that type of survey had not been done formally but if the Council wanted that information she could get it. She did note that the biggest areas of use are the pool and fitness area. TOM PERRAULT MOVED TO AUTHORIZE PURCHASE OF THE FITNESS EQUIPMENT. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION. Glen Posusta stated the Community Center should be run like a business rather than an off the cuff thing. Jefferson Commons - Cory Kingbay Option: The Council discussed the request to extend the terms of the purchase agreement at a previous meeting and City Administrator, Rick Wolfsteller asked for clarification on what direction the Council had given. The original agreement covered the sale of three possible lots. One of the lots was supposed to purchased in March with a construction plan in place. The sale of the remaining parcels was to take place one year after the first closing. The question was did the City want all the properties sold at one time. Clint Herbst suggested that first sale should be extended six months. He felt June 1, 2006 should be the date for the first closing and the second closing should be December 31, 2006. Wayne Mayer said it was his intent to get them on the same time frame and if he defaults he defaults on all three. Rick Wolfsteller said if you add six months to the time for the purchase of the property there should be a time adjustment for construction on the last parcel. Glen Posusta said his concern is that the City is paying taxes on this property. Rick Wolfsteller explained that if you just sell as needed, the City may want to look at the price again. The original value was based on 7 Council Minutes: 1/23/06 a full 7.5 acres but the 2+ acres at the corner would probably have a higher stand alone value than the rest of the property. He felt if it is sold separately the prices of the land need to be reviewed. Wayne Mayer stated it was not the Council's intent to let the buyer sit on the land. Rick Wolfsteller suggested extending the closing of the first lot by six months, to buy all the property (3 lots) and build something on the property by September and leave the rest of the terms as is. Wayne Mayer asked if Cory Kingbay wasn't already in default. City Attorney, Tom Scott indicated he was. Wayne Mayer stated the City could re -negotiate the whole purchase. Wayne Mayer said he didn't like the March 26, 2008 date because he felt it allowed Kingbay to speculate on the land. He felt if the Kingbay defaulted the City should look at getting something new. Wayne Mayer said the six month extension was given to the 7.5 acre parcel. Rick Wolfsteller said Cory Kingbay could buy the 7.5 acre parcel by June but he would not be able to get the entire 7.5 acres developed by fall. WAYNE MAYER MOVED TO TERMINATE THIS AGREEMENT AS SOON AS POSSIBLE AND START NEW NEGOTIATIONS. GLEN POSUSTA SECONDED THE MOTION. Tom Perrault questioned whether there was any legal impact on the Council going back on their previous decision. City Attorney, Tom Scott said no. UPON VOTE BEING TAKEN, THE MOTION PASSED UNANIMOUSLY. CSAH 75 Safety Concern: The Mayor noted he had received a call about a safety issue on CSAH 75 at the Meadow Oak Lane connection and the Mayor concurred that a hazardous condition exists there. City Engineer, Bruce Westby updated the Council on this matter informing them he had discussed the situation with the Wright County Highway Department. The following options were considered: 1) A four-way stop; 2) Additional signage and 3) Reducing the speed limit on CSAH 75. Initially the county indicated that a speed reduction could not be done a detour route. However, Chuck Rickart from WSB had indicated he had found a MnDOT recommendation for reduced speed on detour routes. Bruce Westby felt the reduced speed along with additional signage would be the options to pursue. He added that Wright County staff will be discussing this item as well. Website: Wayne Mayer noted that some updating had to be done on the website as far as listing current members on committees, etc. 13. Consideration of approving bills for January.. TOM PERRAULT MOVED TO APPROVE PAYMENT OF BILLS. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 14. Adjourn TOM PERRAULT MOVED TO ADJOURN AT 9:05 P.M. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary �'