City Council Minutes 03-27-2006MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday March 27, 2006 - 7 p.m.
Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf.
Members Absent: None
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 March 13, 2006 regular Council meeting.
Tom Perrault questioned under item #5K whether it was meant to be 7th Street rather than
Chelsea Road. He also noted that the road going past the Monte Club is Fenning Avenue not
County Road 18.
TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE MARCH 13, 2006
REGULAR COUNCIL MEETING. WAYNE MAYER SECONDED THE MEETING.
MOTION CARRIED.
2B. Approve minutes of March 20, 2006 special Council meeting_
Since these minutes were not prepared, this item was tabled.
3. Consideration of adding items to the agenda.
The following items were added to the agenda: 1) Update on upcoming meetings; 2) Complaint
process; 3) Barry Fluth property; 4) Christmas banners; 5) Comment on feedback from
developers and builders in Monticello; 6) Pathway connection at River Mill; 7) Building for
Water Department; 8) Connection of 7th Street; 9) Noise ordinance and 10) Compost site and
pickup of yard waste.
4. Citizen comments, petitions, requests and complaints.
Randy Ruff representing the owner of 701 Elm Street stated he had received an ordinance
violation notice. He explained that he has the remaining inventory from the Ruff Auto site on
his lot and that everything will be removed with the sale of the property. He asked the Council
for patience in getting the violation corrected.
Clint Herbst stated that the City staff had been conducting "sweeps" recently and added that an
extension of the time frame to May 1, 2006 was made so that clean up could be done in
conjunction with the City's Junk Amnesty Day. For any extension beyond that time frame, the
individual would have to work with Gary Anderson the City's Building Official.
Mike Wiggins, 312 Riverview Drive requested an opportunity to speak on the rezoning of the
O'Ryans property when that item came up on the agenda.
5. Consent Agenda
A. Consideration of ratifying hires and departures at MCC. Recommendation: Approve
the hires and departures as identified.
B. Consideration of authorizing the distribution and ten day comment period for the final
AUAR for Jefferson at Monticello. Recommendation: Authorize distribution of the
final AUAR for the 10 -day comment period.
C. Consideration of approving charitable gambling license for Monticello Lions Club at
Hawk's Sports Bar and Grill and River City Lanes. Recommendation: Adopt a
resolution authorizing the State Gambling Control Board to renew the charitable
gambling license to the Monticello Lions Club for charitable gambling activities at
Hawks Sports Bar and Grill and River City Lanes.
D. Consideration of approving concept stage for a planned unit development. Applicant:
Rollings/Ruff. Recommendation: Approve the concept stage PUD based on a finding
that the proposed mixed residential design establishes a high quality residential project
that meets the City's intent for PUD consideration, subject to the following conditions:
1. The applicant remove one unit from building number 38 of the east portion of
the project to provide a greater side yard setback between structures.
2. The central private drive shown on the west side of the project be revised to a
28" private street as measured from street face to face.
3. Subject to submission of all applicable development stage PUD plans.
4. Grading, street and utility plans are subject to review of the City Engineer.
5. Other conditions as recommended by City Council.
E. Consideration of approval of final plat of Otter Creek Crossing 2 Addition -
Karlsburger. Recommendation: Adopt a resolution approving the final plat of the Otter
Creek Crossing 2nd Addition.
F. Consideration of approval of final plat for Jefferson Commons 2nd Addition - Kevin
Tracy and Muller Theater site. Recommendation: Adopt a resolution approving the
final plat of the Jefferson Commons 2nd Addition.
G. Consideration of establishing budget for fiber optic study consultant's fees.
Recommendation: Approve a budget of up to $10,000 for consultant fees, which
includes developing an RFP for a fiber optic study, reviewing submissions and serving
on the interview team.
H. Consideration of calling special meeting of City Council for April 10, 2006 at 5:30 p.m.
to conduct workshop on YMCA property. Recommendation: Call for a special
2
workshop for 5:30 p.m. on April 10, 2006 for the purpose of reviewing information and
options relating to preservation of the YMCA property for public use.
I. Consideration of Resolution Declaring intent to Reimburse Project Costs through
Bond Sale Proceeds for Cedar Street/Dundas Road Improvements. Recommendation:
Adopt a resolution declaring intent to reimburse expenditures to the proceeds of bond
covering the projects outlined.
J. Consideration of deny rezoning request for Kean of Monticello to rezone property from
PZM to B-3. Recommendation: Move to table action on the request for rezoning
from PZM to B-3 and action on the request for a zoning text amendment for Kean of
Monticello at the request of the applicants.
K. REMOVED - Small group not able to meet before Council meeting.
L. Consideration of authorizing staff and/or Council attendance an Performance Measures
Conference - June 7-8, 2006. Recommendation: Motion to authorize the Personnel
Committee to send one or more representatives to the conference on performance
measurement and reporting.
M. Consideration of a request for a conditional use permit and amendment to planned unit
development for open and outdoor storage and for outdoor sales and display in a B-3
District and for additional used automobile/light truck sales & display. Applicant:
Walt's Pawn and Bargain Center. Recommendation: Move to approve the conditional
use permit to amend the PUD based on a finding that the applicant has complied with
each of the applicable requirements for the uses as specified in the zoning ordinance.
N. Consideration of approving contribution made to Monticello Fire Department.
Recommendation: Approve the contribution and authorize use of funds as specified by
donor.
O. Consideration of approving purchase agreement with Cory Kingbay - Outlot C in
Jefferson Commons. Recommendation: Approve entering into the purchase agreement
extension and development agreement as outlined.
Items #51), #5F, #5L, #5M and #50 were removed from the consent agenda.
GLEN POSUSTA MOVED TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEMS #5D, #5F, #5L, #5M AND #50. TOM PERRAULT SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
6. Consideration of items removed from the consent agenda for discussion.
#SD Concept Stage PUD - UP Development (Rollings/Ruffi: Jeff O'Neill asked that this be
tabled until later in the meeting when City Planner, Steve Grittman would be present. The
Council indicated they would act on the item at this time.
3
Wayne Mayer stated at the previous Council meeting he began a motion to deny the concept
stage approval for this PUD. He amended his motion and moved to table action with the
understanding that the developer was going to bring back a revision that would be more
appealing and that addressed the concerns raised. What the developer brought back has
changed very little from what was submitted two weeks ago. Wayne Mayer questioned why the
developer had not acted upon the Council's concerns.
Tom Rollings stated he did not know what information the Council wanted that he had not
provided. He felt the development showed more than adequate parking. He stated with the
garage, driveways and on street parking he meets the minimum requirements.
Wayne Mayer countered that there are restrictions with on street parking that does not make it a
viable method of meeting the parking requirements for a development. It was noted in the
planner's report that the project included two garage spaces and two driveway spaces for all but
11 units. This results in a parking ratio of 4.5 spaces per unit which is more than the standard
applied to similar projects. It was added that except for the 11 units, the parking needs are
basically met by the parking space in the garage and driveways. In addition the ordinance
requirement for townhomes is one additional parking stall for visitor parking per every three
units which does not include parking on the street . Wayne Mayer stated that based on the 4.5
parking spaces per unit, the development would be 46 parking spaces short.
Wayne Mayer also expressed concern about the open space in the development. The ordinance
requires open space of 500 square feet per unit or 36,500 square for the development and the
plan shows 32,000 square feet of open space. He felt the PUD should be held to a higher
standard. Glen Posusta felt the density of units was not conducive for this area and expressed
concern about rental units in the development.
Tom Rollings stated he was not try to go to greater density than the ordinance allowed. He
added that there will be a homeowners association which will police the development and any
problems that may occur. Glen Posusta questioned why the City went with a PUD in this case.
Staff indicated that the PUD is used to create a superior project. The PUD gives flexibility to
work the site better. If you went to an R2 subdivision it would have different standards and the
City would have public streets which they would have to maintain whereas in the PUD the
streets are privately owned and therefore can be narrower. Jeff O'Neill said the City was
following the precedent set with previous PUD developments and he felt this development met
those standards. He also stated that any concerns with parking and density could be addressed
at development stage approval. Wayne Mayer felt the PUD should not be an excuse to come up
with something less than standard and he did not see any amenity in this development that made
it a superior project. Glen Posusta felt with a PUD the City should have a little more control
over the end product.
WAYNE MAYER MOVED TO DENY THE CONCEPT STAGE PUD FOR U.P.
DEVELOPMENT BASED ON A FINDING THAT THE PROJECT FAILS TO
DEMONSTRATE TANGIBLE AMENITY BASED OR OTHER BENEFITS THAT JUSTIFY
THE FLEXIBILITY GRANTED BY THE PUD ZONING REGULATIONS. GLEN
POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF
11
ABSTAINING.
#SF Jefferson Commons 2nd Addition Plat: Tom Perrault questioned how much of the plat was
for the Muller Theater expansion. The City is creating a new lot for the existing theater and
for the 500 seat expansion of the theater.
BRIAN STUMPF MOVED TO ADOPT A RESOLUTION APPROVING THE FINAL PLAT
OF THE JEFFERSON COMMONS 2ND ADDITION CONTINGENT UPON EXECUTION OF
THE NECESSARY AGREEMENTS PERTAINING TO SALE OF THE LAND FOR THE
MULLER THEATER SITE AND CONTINGENT UPON EXECUTION OF TERMS
RELATING TO THE TRACY/CITY LAND EXCHANGE. TOM PERRAULT SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
#SL Conference on Establishment of Performance Measurements and Reporting: Jeff
O'Neill provided some information on the location and purpose of this conference. The
Personnel Committee will determine who will attend this conference. Tom Perrault asked if
there was any other way this information could be obtained and Wayne Mayer asked how many
would be attending. Clint Herbst indicated that no more than 2-3 individuals would be
attending.
WAYNE MAYER MOVED TO AUTHORIZE THE PERSONNEL COMMITTEE TO SEND
ONE OR MORE REPRESENTATIVES TO THE CONFERENCE ON PERFORMANCE
MEASUREMENTS AND REPORTING. GLEN POSUSTA SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
#SM Conditional Use Permit/PUD Amendment - Walt's Pawn Shop & Bargain Center.
Wayne Mayer asked Kimberly Thompson of Northwest Associated Consultants to give an
overview of the request to amend the PUD. She stated this plan is not consistent with what
staff would approve for a PUD but the site is in a redevelopment area. With the conditions
noted this amendment would provide the property owner with reasonable use of the property.
The applicant complies with the ordinance on parking, landscaping and percentage of lot area
for outside storage.
Jeff O'Neill stated that this a potential redevelopment and because of that standards like curb
and gutter were not required. He referenced other property owners who upgraded their site
and what standards they had to meet. Wayne Mayer asked what he meant by this being a
redevelopment area. Jeff O'Neill stated there are a number of small parcels which if combined
with the area around the pond and the vacation of Marvin Road would be a nice commercial
building site. The existing structure on the site is an older structure. Wayne Mayer stated this
is one of the first properties you see when you come into the City. He felt may the City should
start working on the property owner to get things taken care of now rather than waiting for
redevelopment.
Clint Herbst asked if there was only one area where there will be parking on the grass and Jeff
O'Neill indicated that was the case. Clint Herbst stated his concerns with this request are that
there should be no parking on the grass and that the computer problems with the program
5
recording pawn shop sales be resolved. City Administrator, Rick Wolfsteller indicated that
his last report from the Sheriff's Department was that the property owner was trying to correct
the problems. Clint Herbst stated if his business relied on this program for its operation, it
would not take six months to get the problem corrected. It would be done right away.
Brian Stumpf asked where the benefit was to the City on allowing this amendment to the PUD.
He did not think it beneficial that entering into the City one of the first sites that is seen is a lot
full of outside storage. Brian Stumpf felt the amount of vehicles proposed to be stored outside
was excessive and questioned if there was sufficient space to store that number. Brian Stumpf
felt that since this was an amendment to a PUD the City should hold it to a higher standard.
BRIAN STUMPF MOVED TO TABLE ACTION ON THE CONDITIONAL USE
PERMIT/PUD FOR WALT'S PAWN SHOP AND BARGAIN CENTER PENDING
SUBMISSION OF A REVISED SITE PLAN DEMONSTRATING COMPLIANCE WITH
ZONING REGULATIONS. WAYNE MAYER SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
#SO Purchase Agreement -Cory Kingbay: Wayne Mayer asked whether the price of $7/sq. ft.
was still appropriate. He felt with the delay in consummating the transaction, the land values
had likely increased. Clint Herbst concurred with this and felt the price should be looked at
again or perhaps the property should just go back on the market.
Tom Perrault asked about the provision restricting the resale of the property by Mr. Kingbay.
City Administrator Rick Wolfsteller stated that this provision would be difficult to enforce
From the Council's last discussion Rick Wolfsteller was led to believe that the Council was
anxious to get some building on the property so it could be on the tax rolls. The Council
questioned whether the price was fair market value. There was also discussion on the cost of
the road and its impact on the selling price. Rick Wolfsteller stated when the property was
being marketed it was assumed that the property would be ready for development that is, sewer,
water and streets to the site. He indicated the city has added the cost of street lighting estimated
at $27-$28/ft. Rick Wolfsteller added that because this was a 7 acre not adjacent to TH 25 it
didn't have the same value as property adjacent to a major roadway.
Clint Herbst suggested another option would be to sell only the area that Mr. Kingbay needed at
this time. It was also suggested the City could return the $20,000 earnest money and cancel the
deal. Glen Posusta felt the ultimate goal was to get something built on the site so its on the tax
rolls. Brian Stumpf felt because the land prices were changing so fast in the area, the City
would need to look at their selling price periodically.
Clint Herbst felt the City had been reasonable in extending the time frame to Mr. Kingbay to
allow him to get his development plans in place. Rick Wolfsteller clarified that Mr. Kingbay at
this time may not have all the tenants needed for the strip mall.
WAYNE MAYER MOVED TO DIRECT STAFF TO CONTACT CORY KINGBAY TO SEE
WHAT IS REASONABLE AND AUTHORIZE STAFF TO MODIFY TERMS AND
CONDITIONS OF THE AGREEMENT. BRIAN STUMPF SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
7. Public Hearing on Ordinance to change the street name in the plat of Otter Creek
Crossing 1St Addition from School Boulevard to Dalton Avenue.
Wayne Mayer asked about the street going through the YMCA property. Bret Weiss stated that
School Boulevard would run through the YMCA property at some future point so the alignment
of this segment of School Boulevard would be changed. Glen Posusta asked if the YMCA deal
doesn't go through then what happens. Bret Weiss stated regardless of what happens School
Boulevard would be extend through the property. He indicated they have had discussions on
this with the YMCA and the YMCA expects to have a connecting road through the area
whether the YMCA property develops or remains as is.
Mayor Herbst opened the public hearing. No one spoke for or against the proposed ordinance
changing the street name in the plat of Otter Creek Crossing 1St Addition from School
Boulevard to Dalton Avenue. Mayor Herbst then closed the public hearing.
BRIAN STUMPF MOVED TO ADOPT AN ORDINANCE CHANGING THE STREET
NAME IN THE PLAT OF OTTER CREEK CROSSING IST ADDITION FROM SCHOOL
BOULEVARD TO DALTON AVENUE. TOM PERRAULT SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
8. Public Hearing on vacation of drainage and utility easement in the plat of Otter Creek
Crossing 1st Addition
City Administrator Rick Wolfsteller stated the easement was being vacated because of the
replatting of the property. Any needed easements would be covered in the new plat.
Mayor Herbst opened the public hearing. No one was present who spoke for or against the
proposed easement vacation. Mayor Herbst then closed the public hearing.
BRIAN STUMPF MOVED TO VACATE THE DRAINAGE AND UTILITY EASEMENT AS
DESCRIBED IN THE RESOLUTION CONTINGENT UPON ANY NEEDED EASEMENTS
BEING PART OF THE APPROVED FINAL PLAT FOR OTTER CREEK CROSSING 2ND
ADDITION. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
9. Public Hearing on improvement to Cedar Street from Chelsea Road to Dundas Road and
Dundas Road from Cedar Street to Edmonson Avenue and consideration of authorizin
plans and specifications for the project.
Shibam Bisson from WSB and Associates made a presentation on the proposed improvements
to Cedar Street and Dundas Road. The reasons for the improvement to Cedar Street was the
result of development. The reason to improve Dundas Road was because of the increase in
traffic on the road and to improve the transportation network.
7
It is proposed to improve Cedar Street to a 44' urban section with sidewalk on the west side.
Also included will be a right turn lane, storm sewer improvements, minor utility improvements
and street lighting.
Clint Herbst brought up about the right -in at Chelsea Road which had been discussed by the
Council at a previous meeting. The Council was concerned about a possible safety hazard.
Shibani Bisson indicated that since it would be mainly local traffic it would not be a problem.
Tom Perrault stated he would like to see a "No right turn on the red" sign at the intersection.
Bret Weiss said they could monitor the site and if it gets to be a problem the City could add the
signage in the future. Bret Weiss stated they have talked to traffic engineers and are
comfortable with this set up.
Dundas Road is proposed to be 44' urban section. Sidewalk on the east side will be installed
when the property develops. Other improvements include stormwater ponding and sewer and
water services to accommodate the property on the north and south side of Dundas Road.
Staff had met with John Lundsten regarding the assessments for this property. The City had
also received a letter from another property owner regarding the impact ordering the
improvement project would have on the potential closing on the sale of his property. Shibani
Bisson indicated they were not approving the project for bids tonight but authorizing the
preparation of plans and specifications.
The project also includes two alternates for a dual forcemain. One alternate would be a
diagonal crossing and the other crossing a perpendicular one.
Estimated cost for the Cedar Street improvements would be $870,000 to $920,000 depending
on which alternate for the forcemain was selected.. The cost for Dundas Road would be
$380,000. The total project cost is estimated at $1,250,000 including Alternate #1 for the
forcemain or $1,300,000 if Alternate #2 on the forcemain is selected.
The funding for the project was reviewed. The funding comprises assessments to the property
owners; city funding from trunk funds for the utility work and MSA funding. Dundas Road
since it is new construction would be assessed at 100% of the cost. Two options were
presented for Cedar Street. One option would assess 100% of the cost of all improvements.
The other option would have the street work treated as reconstruction. The assessment would
be at the rate use on previous reconstruction projects of $55/front foot and the street widening
and all other improvements would be assessed at 100% of the cost.
Shibani Bisson pointed out that the Lundsten property can be considered Green Acres which
means the assessment can be deferred with interest until such time as the property develops.
Finally Shibani Bisson reviewed the estimated schedule for the improvement. It is proposed to
approve the plans and specifications on June 12, 2006; receive bids in July with construction
starting in 2006 and being completed in 2007.
Mayor Herbst opened the public hearing. John Lundsten, 1804 Hillside Lane spoke regarding
''3
the proposed assessment to his property. He stated that 25 years ago he was assessed a
substantial amount for the sewer, water and road. In 25 years that improvement provided no
benefit to his property and now the City is proposing another assessment. He asked the Council
to consider deferring the project until such time as the property develops. John Lundsten stating
they are not asking for the improvements and felt it was being included with another project just
because of some vague reference to the overall transportation plan which did not have anything
to do with special assessments or benefit to his property. He stated that he has submitted a
letter to the City objecting to the proposed project because it will not be a benefit to his
property. He did not believe that Green Acres was the solution to the problem as it just puts off
the day of reckoning as the interest that accumulates over time is a considerable amount of
money. Mayor Herbst closed the public hearing.
Clint Herbst felt improvements to Dundas Road would provide a benefit to the Lundsten
property. The gravel road restricts it use as a traffic corridor. Dundas road will be a busy area in
the future and this project would make the road suitable for traffic. Glen Posusta noted that he
would not be voting on this matter because of his proximity to the project. Tom Perrault asked
if Dundas Road could be bid as an alternate. Shibani Bisson noted that Cedar Street is a
reconstruction project and the Dundas Road was new construction. Wayne Mayer agreed that
delaying it would only result in increased costs in the future and he would like to go forward
with the project. City Attorney Tom Scott stated that ordering the project should be included in
the authorization to approve plans and specifications.
Rick Wolfsteller noted the letter received from the property owner expressing concern whether
ordering the project would interfere with the sale of his property. Shibani Bisson stated the
property owner's issue was that the project was being approved to go out for bids but at this
time the City is only ordering the project and approving preparation of plans and specifications.
Tom Scott noted that the City is following the steps set forth in the 429 statutes. He added that
since this improvement was petitioned for by less than 35% of the affected property owners, the
City would have to have a 4/5 vote approving it.
WAYNE MAYER MOVED TO ORDER THE IMPROVEMENT PROJECT AND
AUTHORIZE THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE
RECONSTRUCTION OF CEDAR STREET FROM CHELSEA ROAD TO DUNDAS ROAD
AND THE CONSTRUCTION OF DUNDAS ROAD FROM CEDAR STREET TO
EDMONSON AVENUE. BRIAN STUMPF SECONDED THE MOTION. MOTION
CARRIED WITH GLEN POSUSTA ABSTAINING.
10. Public Hearing to consider a rezoning request for the O'Ryan site (155-117-001020) from
PZM to B-3.
Earlier the MMC Company had requested rezoning for the O'Ryan site from PZM to B-4. At
that time the Council denied the rezoning for this parcel. The corner lot was rezoned to B-4 and
the balance of the area remained PZM. Prior to the denial of the rezoning request, a reader
board was installed on this site. A reader board is not allowed in a PZM district but it is
allowed in a B-4 District. When the initial rezoning request was considered the Planning
Commission had recommended rezoning the site to B-4. In order to have the sign conform to
9
the ordinance, the property should be rezoned to B-3 or B-4.
Clint Herbst point out that the lot of concern to the residents in the area was the parcel to the
east. The O'Ryan site is adjacent to a parcel already zoned B-4 and as was noted rezoning
would bring the non -conforming sign into compliance. Wayne Mayer asked if the sign was
installed by the owner of his own accord or had he been given approval. He was informed that
City approval had been given for the reader board.
Mayor Herbst opened the public hearing. Mike Wiggens, 321 Riverview Drive stated initially
his concern was based on how the notice was written. This issue was clarified to his
satisfaction since his concern was more with the property to the east. Mayor Herbst closed the
public hearing.
Brian Stumpf wanted clarification that by changing the zoning on this one parcel the City
would not be guilty of spot zoning. Wayne Mayer noted that the property owner had
erroneously been issued a permit for a sign not allowed in his zoning district and Wayne Mayer
felt the City should take the steps to clear up the non -conforming sign.
GLEN POSUSTA MOVED TO REZONE THE O'RYAN PARCEL (155-117-001020) FROM
PZM TO B-4 BASED ON THE FINDING THAT B-4 DESIGNATION FOR THIS PARCEL
IS CONSISTENT WITH THE CHARACTER OF THE AREA AND WILL NOT RESULT IN
THE DEPRECIATION OF ADJOINING LAND VALUES AND IS CONSISTENT WITH
THE COMPREHENSIVE PLAN OF THE CITY. TOM PERRAULT SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
11. Update on Hidden Forest/Niagara Falls Wetland.
The original plan showed a body of open water in the wetland area. The Parks Commission had
approved this preliminary plan with the wetland park. It has since been determined that there
will not be an open body of water at this site. The Council needs to determine if it is acceptable
to go with the change in the plan from an open body of water to a slough. The Parks
Commission approved a concept plan where the City would accept this wetland area for park
dedication as well as a trail around the wetland park, a neighborhood park and improvements to
the park. The Parks Commission reviewed the revised plan and while they did not feel strongly
if there was open water or slough, they did want to review the park dedication requirements
possibly requiring enlarging of the park or a cash dedication. If the Council agrees to the slough
instead of open water, the staff would go back and negotiate with the developer and bring a
preliminary plat back before the Council.
Bret Weiss stated it would be a wetland complex with some open water. To be able to keep the
entire area as open would require a larger easement from the Biegler site and would require
extensive grading. This matter came before the Council so that it is a full disclosure that the
development will not have an open body of water.
Brad Paumen stated he had a hydrologist look at the site and the primary reason that they cannot
have an open body of water is that BWSR (Board of Water & Soil Resources) will limit how
10
much excavation they can do in this area. The development will still have the elevated trail and
the overlook. The developer had wanted to take out 2' and get 4' of bounce but the BWSR,
governing entity would not allow the excavation necessary to achieve that. Brad Paumen stated
he didn't have any problems with the park dedication requirements being reviewed.
Bret Weiss stated there would be some areas of open water but not what was originally
anticipated. There was additional discussion on the location of the neighborhood park.
However the Council felt this was not the time to hash out the reconfiguration of the park. Brad
Paumen discussed some of the alternates they had looked at.
GLEN POSUSTA MOVED TO ACCEPT THE REVISED CONCEPTUAL WETLAND PLAN
(FROM FEBRUARY 2006) ESTABLISHING A NORMAL WATER LEVEL OF 924,
WHICH WILL CREATE A WETLAND AREA AS ILLUSTRATED IN THE EXHIBIT
FROM BONESTROO, ROSENE & ANDERLIK. BRIAN STUMPF SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
12. Report on Department Activities - Engineering (Verbal Report)
City Engineer, Bruce Westby gave a verbal report on activities relating to engineer. He
reviewed with the Council his short term and long term goals and explained a number of
projects that he would be taking on.
Gary Anderson was introduce as the new Chief Building Official and he spoke about the
upcoming meeting with builders and developers relating to erosion control problems and how
they would be handled. This meeting is scheduled for April 7, 2006 at 11:00 a.m.
Added Items:
Meetings: Jeff O'Neill went over the upcoming meetings scheduled for the next two weeks.
Barry Fluth Property: The Council expressed some concern about the site across from the hardware
store which was being excavated. They felt the property should be closed up until the holes were filled.
Christmas Banners: Glen Posusta asked how much longer it would be before the Christmas banners
were removed. John Simola indicated that would happen shortly.
Feedback from builders/developers: Glen Posusta felt something should be sent to those doing a
project within the City that provides feedback on how the staff has worked with the developer/builder
on the project.
River Mill Pathway: The pathway was laid out a number of years ago but was never completed. It
was questioned what the delay was in getting the work completed.
Water Department Building: The need for this building was discussed and John Simola is
preparing an RFP which will be coming before the Council at the next meeting.
11
7" Street: Clint Herbst felt the City needed to complete the extension of 7t" Street to the west.
Noise Ordinance: Clint Herbst requested that this ordinance be looked at to see if it adequately
addresses the issue of loud cars.
Yard Waste/Junk Amnesty Day: Council thought it would be a good idea to have the people bring
their tree branches out to the curb have City staff do a pick up.
Compost Site: The adjacent residents raised concerns about the site. Clint Herbst suggest hauling the
compost material to the Wright County site before it was turned over.
Other Items: Clint Herbst reported they had met with St. Benedict's who are looking to expand on
their site. He has concerns about Territorial Road and the cost relating to building a new road. He
would like the City to get in touch with BSNF regarding the access at Territorial Road. While it was
noted that the Jameson property would be purchased, the Busch property would still be concerned
about the road.
Wayne Mayer asked what kind of direction John Simola was looking for regarding as-builts from the
utility companies. John Simola stated the as-builts are planning tools and safety tools for the City and
the City is not getting the cooperation needed from Xcel Energy as far as getting copies of their
as-builts. In addition, the City also has to work on a franchise agreement with Xcel. The Clint Herbst
will contact Darrin Lahr regarding this item.
13. Consideration of approving bills for March.
BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS. TOM PERRAULT
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
14. Closed meeting to discuss pending AVR litigation with the City Attorney.
At 10:30 the Council went into closed session to discuss pending AVR litigation with the City
Attorney.
15. Adjourn
Upon completion of the closed session, the Council meeting was adjourned.
Recording Secretary
12