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City Council Minutes 05-22-2006Council Minutes: 5/22/06 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday May 22, 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 May 8, 2006 regular Council meeting_ BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE MAY 852006 REGULAR COUNCIL MEETING AS PRESENTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. Approve minutes of May 9, 2006 reconvened Board of Review BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE MAY 9, 2006 RECONVENED BOARD OF REVIEW. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA ABSTAINING. 3. Consideration of adding items to the agenda. Clint Herbst added an update on a community meeting to discuss sex offenders. 4. Citizen comments, petitions, requests and complaints. Tom Parker and Jacque Gordon from the Monticello Library Board came before the Council to discuss a fund raising project by the Friends of the Library. The Council indicated they would discuss the fund raising project when the change order for the library was discussed later in the meeting. 5. Consent Agenda: (To be read by City Administrator) A. Consideration of approving hires and departures for MCC. Recommendation: Approve the hiring and departments for the MCC. It was noted that Sara Cahill who was hired to fill the position of Operations/Programs Coordinator for the MCC was present at the meeeting. Council Minutes: 5/22/06 B. Consideration of approving a request by Crostini Grille for an on -sale and Sunday liquor license. Recommendation: Approve the on -sale and Sunday liquor license contingent on submittal of certificate of insurance and license fee. C. Consideration of approving an additional change order for the library expansion project relating to the service desk counter top installation. Recommendation: Approve the change order for $2,500-$3,000 to Greystone Construction for work on the counter top for the Monticello Public Library, City Project No. 2004-36C. D. Consideration of adopting an ordinance amendment rezoning Sunset Ponds 2nd Addition from R-1 to R-2 and R -2A. Recommendation: Approve ordinance amendment #445 rezoning Sunset Ponds Second Addition from R-1 to R-2 and R -2A. E. Consideration of approving a request for amendment to the Monticello Zoning Ordinance regulating directional signage or identification signs for institutional uses in the PS (Public Semi -Public District) Applicant: Resurrection Lutheran Church. Recommendation: Amend the Zoning Ordinance to allow an increase in the number and size of institutional identification signage to allow 2 additional signs at a maximum of 75 square feet total in addition to existing institutional identification signage. F. Consideration of adopting a resolution accepting a donation from the Land of Lakes Choirboys for Riverfest and Fire Department and a donation from the Monticello Lions Club towards the War Memorial Lighting. Recommendation: Approve the contributions and authorize use of funds as specified by donors. G. Consideration of a request for final plat approval for four single family lots in an R-1 (Single Family Residential) District. Applicant: West Side Market. Recommendation: Approve the final plat for Pine View subject to the recommendations of the City Engineer based on a finding that the proposed plat is consistent with the approved preliminary plat. H. Consideration of approval of preliminary plat and rezoning for Niagara Falls residential development. Applicant: GP Land Corporation. Recommendation: 1) Rezoning: Moved to approve the rezoning from A -O to R-1 A as proposed in the preliminary plat based on a finding that the proposed zoning would reflect the intent of the City's Comprehensive Plan. 2) Approve the preliminary plat based on a finding that the plat meets the requirements of the Zoning Ordinance subject to the following: a) The final street plans shall be subject to the review and comment of the City Engineer; b) The landscape plan shall be revised to provide an alternate species of tree near the perimeter of the wetland in lieu of the sugar maples and to show additional ground covers and/or grasses surrounding the Council Minutes: 5/22/06 stormwater ponds and wetland; c) Issues related to the wetland area are subject to the review and comment of the City Engineer; d) The grading, drainage, erosion control and utility plans are subject to the review and approval of the City Engineer; and e) The applicant complies with the park dedication requirement as set by the City Council. I. Consideration of approving vacant land purchase agreement - Muller Theater. Recommendation: Approve the purchase agreement selling 15,245 sq. ft. of former Outlot C Jefferson Commons to Mike Muller at a total price of $91,470 plus area trunk charges. Items #5B, #5C, #5D, #5E and #5G were pulled from the consent agenda. TOM PERRAULT MOVED TO APPROVE THE CONSENT AGENDA WITH ITEMS #5B, #5C, #5D, #5E AND #5G REMOVED. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. #5B - Liquor License Crostini Grille: Wayne Mayer asked how issuing another full liquor license impacted the number of licenses available in the City. City Administrator, Rick Wolfsteller stated that there has been a change in state statute wherein liquor licenses issued to full service restaurants do not count against the licenses available to the City. Wayne Mayer stated at the previous meeting, the Council approved an encroachment into the street right-of-way to allow an enclosure for outdoor seating. He noted that in Minneapolis only wine and beer were served in the outdoor seating area. He questioned what Crostini's was proposing to do. A representative for Crostini Grille's indicated they were not intending to restrict what beverages were served in the outdoor seating area. WAYNE MAYER MOVED TO APPROVE THE CHANGE IN THE LIQUOR LICENSE FOR CROSTINI GRILLE FROM A WINE/STRONG BEER LICENSE TO A FULL ON - SALE AND SUNDAY LIQUOR LICENSE CONTINGENT UPON SUBMITTAL OF THE CERTIFICATE OF INSURANCE AND PAYMENT OF FEE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5C Change Order for the Library Service Counter: The change order for the library expansion project related to the service counter. The counter top material was defective and there were also some changes made to the design of the service counter. None of the parties involved felt they should be responsible for the cost of installing the counter top again. The Council felt if the material was defective or was installed improperly the City should not have to bear the cost to have it installed again. Rick Wolfsteller indicated that in discussions with the architect, the architect had indicated that there were changes to the design of the counter so the supplier while willing to replace the defective material was not Council Minutes: 5/22/06 willing to install it on a redesigned counter. Tom Parker stated that the counter top was in good shape when it was installed and the installation was done properly. It was just that the counter top material did not hold up. He added that the service counter had some changes in design because of errors in the original design. Neither the counter top supplier, the general contractor nor the architect were willing to take responsibility for the cost of installing a new counter top. Wayne Mayer felt since the general contractor had hired the supplier of the counter top, the general contractor should be responsible for getting the replacement counter top installed. The Council indicated that there needed to be further discussions with the various parties involved relating to the cost for the service counter but that should not hold up getting the work completed. Glen Posusta reminded the Council when the architectural firm was selected for the library expansion project, the firm was selected even though they were not the lowest price but because they had claimed with their experience in building libraries there would not be significant project changes or cost overruns. He felt the architect should share in the cost of this change order. Clint Herbst stated that he would still expect the City to continue to discussions with the various parties about sharing the cost of this item. WAYNE MAYER MOVED TO AUTHORIZE A CHANGE ORDER IN THE AMOUNT OF APPROXIMATELY $2,500-$3,000 FOR THE CUTTING, MODIFICATION AND INSTALLATION OF A NEW AVONITE COUNTER TOP AT THE LIBRARY AND RECOMMENDED THAT THE CITY SERIOUSLY CONSIDER WHETHER THIS GENERAL CONTRACTOR BE USED IN THE FUTURE. City Attorney Tom Scott indicated that if it was a project that the City was required to advertise for bids on, the City must go with the lowest responsible bidder. Tom Parker clarified that the counter top material was defective and the cabinet work was good but design changes were made to make the service counter more efficient. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Tom Parker and Jacque Gordon presented a proposal to the Council for a fund raising project to be conducted by the Friends of the Library for a sculpture by Parker McDonald. The City was not being asked to fund any of the cost of the sculpture but since it would be on city -owned land, the Library Board was requesting approval. The sculpture would make use of some limestone panels that were from the original Braisie Worth library located in Monticello. BRIAN STUMPF MOVED TO ALLOW THE FRIENDS OF THE LIBRARY TO GO FORWARD WITH THEIR FUND RAISING EFFORTS FOR THE SCULPTURE PROJECT. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Council Minutes: 5/22/06 #5D Rezoning Sunset Ponds Second Addition: Wayne Mayer requested an update on this item. It was noted when the preliminary plat was approved the entire parcel was rezoned to R-1. When the final plat for the first phase was approved portions of the property covered in the first phase were rezoned specifically for the R-2 lots in the first phase. When the final plat of Sunset Ponds Second Addition was approved some rezoning should have been done to cover those lots designed to R-2 and R -2A standards. Unfortunately, however, the rezoning was overlooked at the time of the final plat approval and was now being brought before the Council. BRIAN STUMPF MOVED TO ADOPT ORDINANCE NO. 445 REZONING THE LOTS IN SUNSET PONDS SECOND ADDITION FROM R-1 TO R-2 AND R -2A. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION. #SE - Zoning Ordinance Amendment relating to identification signs for institutional uses. Tom Perrault pulled this item because he felt a little more discussion was needed on the impact of this ordinance change. The Planning Commission had discussed the proposed amendment at length and felt the signage should be the same for all institutional uses. Glen Posusta noted his concern about the stability of the materials that are being used for these signs. Clint Herbst suggested some conditions be placed on the type of sign material allowed. Steve Grittman, City Planner noted material requirements and maintenance requirements for signs are currently in place in the existing ordinance. TOM PERRAULT MOVED TO ADOPT AN ORDINANCE AMENDMENT ALLOWING AN INCREASE IN THE NUMBER AND SIZE OF INSTITUTIONAL IDENTIFICATION SIGNAGE TO ALLOW TWO ADDITIONAL SIGNS AT A MAXIMUM OF 75 SQUARE FEET TOTAL IN ADDITION TO EXISTING INSTITUTIONAL IDENTIFICATION SIGNAGE. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5G - Final Plat Pine View: Tom Perrault expressed his concern about the plat having too many lots for the amount of land being developed. Clint Herbst noted that while the lot width was narrower than standards, the lot area exceeded standards. BRIAN STUMPF MOVED TO APPROVE THE FINAL PLAT FOR PINE VIEW SUBJECT TO THE RECOMMENDATIONS OF THE CITY ENGINEER AND BASED ON A FINDING THAT THE PROPOSED PLAT IS CONSISTENT WITH THE APPROVED PRELIMINARY PLAT. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. Wayne Mayer asked when Outlot A would be developed. Tom Holthaus indicated that as soon as the road alignment is complete Outlot A would be developed. Clint Herbst indicated that some of the residents to the east experienced some drainage problems and he Council Minutes: 5/22/06 directed the City Engineer and the developer to look at the problem to see what could be done. 7. Public Hearing on proposed assessment for street light improvements School Boulevard/Deegan Avenue, Project No. 2005-22C. City Administrator Rick Wolfsteller explained that the street lights were installed on School Boulevard from Edmonson Avenue to TH 25 and also on the west side of TH 25 through the Jefferson Commons and Prairie Ponds development. He noted that some of the street lighting assessment had been prepaid as part of development agreements. Mayor Herbst opened the public hearing on the proposed street lighting assessment. There was no one present who spoke for or against the proposed assessment. Mayor Herbst then closed the public hearing. GLEN POSUSTA MOVED TO ADOPT THE ASSESSMENT ROLL FOR PROJECT NO. 2005-22C FOR STREET LIGHTING IMPROVEMENTS IN THE AMOUNT OF $3645227. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Consideration to approve plans and specifications for the Cedar Street (Dundas Road to Chelsea Road) and Dundas Road (Cedar Street to Edmonson Avenue) Improvement Project No. 2006-02C. Bret Weiss from WSB & Associates, Inc. provided background information on the project which covers the reconstruction of Cedar Street from Chelsea Road to Dundas Road and the construction of Dundas Road from Cedar Street to Edmonson Avenue. At the public hearing that was held previously two assessment options for Cedar Street were presented but the Council did not select which option would be applied. Option #1 would be to assess a portion of the cost for the reconstruction of Cedar Street. This cost was estimated at $102/front foot. New improvements such as sidewalk, street lighting, storm sewer, utility stubs, etc. would be assessed at 100% of the cost. Option #2 would be to assess 100% of the project costs to the benefitting property. If Option #1 is selected the City would be picking up $116,000 of the street reconstruction costs. The improvements to Dundas Road would be assessed at 100% of the cost since it is not a reconstruction project. Clint Herbst asked about the 5 acre parcel the City owns in this area. He felt if the City still had the property it could be used to back the road out some distance which would create a more palatable basis for future redevelopment. Bret Weiss indicated staff had not looked at the option of using the five acre parcel for that purpose. He indicated that at the present time the project plans are in the state aid review process. John Simola added that the gas line in the area has already been relocated. Bret Weiss indicated staff could look at this Council Minutes: 5/22/06 option and bring it back to the Council to decide if they feel it is feasible to make that change. Brian Stumpf asked if the proposed assessment would meet the 20% requirement for bonding and Bret Weiss indicated it would. Glen Posusta asked what was done on assessing Cedar Street south of Dundas Road. Bret Weiss stated it was assessed 100% because it was a new road. BRIAN STUMPF MOVED TO APPROVE THE PLANS AND SPECIFICATIONS AND AUTHORIZE THE ADVERTISEMENT OF BIDS FOR THE RECONSTRUCTION OF CEDAR STREET FROM CHELSEA ROAD TO DUNDAS ROAD AND THE CONSTRUCTION OF DUNDAS ROAD FROM CEDAR STREET TO EDMONSON AVENUE USING OPTION #1 ASSESSMENT PROCEDURE WHICH WOULD ASSESS THE CEDAR STREET IMPROVEMENTS TO ADJACENT BENEFITTING PROPERTIES AT A RATE OF APPROXIMATELY $102/FRONT FOOT AND ASSESS THE DUNDAS ROAD IMPROVEMENTS TO ADJACENT BENEFITTING PROPERTIES AT 100% OF THE IMPROVEMENT COST AND TO LOOK AT THE OPTION OF USING CITY OWNED LAND WHICH WOULD CHANGE THE ALIGNMENT OF THE STREET. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of approving land exchange involving the Monte Club site and River City Lanes site in exchange for land in the Jefferson Commons development. Deputy City Administer, Jeff O'Neill provided background information on the proposal to exchange land sites owned by Butch Lindenfelser and Mark Parnell for land in the city - owned Jefferson Commons. In exchange for a 12.9 acre site in Jefferson Commons, the City would receive the site that presently contains River City Lanes and they would also acquire the Monte Club site. It is proposed to construct a banquet facility, lounge and bowling alley containing 40 lanes on the Jefferson Commons site. It is also proposed that SAC/WAC charges for the new facility would be reduced by 40% and the City would vacate any easements not needed. The City would be responsible for the demolition of the existing restaurant/bowling alley but at this time there has been no determination on what would be done with the former Monte Club structure. Jeff O'Neill reviewed some of the anticipated benefits the new facility would generate and reviewed land value information on the sites involved. He noted that neighborhood informational meetings would be held on the proposed development. Brian Stumpf felt that conceptually this proposal would be a win-win situation and he felt it was important to conduct the neighborhood meetings. Wayne Mayer questioned the basis Council Minutes: 5/22/06 for reducing the SAC/WAC charges by 40%. There was concern expressed that other developments would expect similar discounts. Staff and Council who negotiated the proposal felt the reduction in SAC/WAC charges was an incentive to the developer and was a negotiating tool that could be used to entice business and development to take place. They stated that since the banquet facility would not be used to its full capacity at all times, there could be some adjustment to the amount of the charges. City Administrator Rick Wolfsteller stated that the City calculates the SAC/WAC units based on the guidelines that the Metropolitan Council developed. Glen Posusta stated that because the City's SAC/WAC charges are so high it is driving business away. Rick Wolfsteller pointed out that how the unit charges are calculated and the City's rate per unit are two different things. Glen Posusta felt the unit rate the City charges for SAC/WAC charges should be on the next agenda. Wayne Mayer questioned why the Council would discuss at length a $2,500 change order for the library but forgives a $100,000 in SAC charges in addition to reducing the selling price of the City's land price 011ie Koropchak, Economic Development Director, questioned the land prices that were used on this proposal. The land price for the Jefferson Commons property was shown as $5.33/sq. ft. which is less than what the City has previously sold land for in the Jefferson Commons development. The bowling alley site was shown as $5.00/sq. ft. 011ie Koropchak stated that this land is zoned industrial and industrial land prices on the City owned industrial park run $2.65/sq. ft. She asked if the property had been appraised. Jeff O'Neill indicated that the land price used was based on a commercial use of industrial zoned land. Clint Herbst stated that it may be at some point in the future that this land could be rezoned for commercial use. Brian Stumpf felt the City should keep in mind what they are getting for what they are giving up and felt since this is still in the early stages, things are bound to change. BRIAN STUMPF MOVED TO GIVE CONCEPT APPROVAL OF THE PROPOSED EXCHANGE OF 12.9 ACRES IN JEFFERSON COMMONS FOR THE MONTE HILL SITE AND THE RIVER CITY LANES SITE AND AUTHORIZE THE CITY ATTORNEY TO DRAFT DOCUMENTS ACCORDINGLY. LAND TRANSFER IS CONTINGENT ON AGREEMENTS ASSURING ACTUAL CONSTRUCTION OF THE FACILITY AS PROPOSED. GLEN POSUSTA SECONDED THE MOTION. Wayne Mayer stated it is not whether the Council agrees with the concept but that the Council has a responsibility to the people of Monticello not to give things away. Wayne Mayer wanted clarification on who offered the 40% discount on the SAC/WAC fees and stated he didn't know if Glen Posusta and Clint Herbst were in position to do that kind of negotiating. Tom Perrault felt that he would like to see the new facility in the Jefferson Commons development but felt the property owner should sell his own land. He didn't think the City should act as a land broker. Council Minutes: 5/22/06 UPON VOTE BEING TAKEN, MOTION CARRIED WITH WAYNE MAYER AND TOM PERRAULT VOTING IN OPPOSITION. Added Items: City Administrator updated the Council informing them that the Police Commission had discussed the notification procedures used when a sex offender relocates to a community. The Sheriff's Department will be working with the Jacob Wetterling Foundation and the Minnesota Department of Corrections to set a public meeting on this issue. Since he has not heard back from the Sheriff's Department on a specific date yet, Rick Wolfsteller will follow up on this. Clint Herbst also brought up a request by the American Legion regarding directional signs. John Simola will check into this further. City Administrator, Rick Wolfsteller informed the Council that he had submitted the Council's suggested offer on a parcel of land in the area of the MCC. The property owner has not yet responded to the offer. 10. Consideration of approving bills for May. TOM PERRAULT MOVED TO APPROVE PAYMENT OF THE BILLS. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Adjourn. The meeting was adjourned at 8:45 p.m. Recording Secretary