MINUTES CITY OF DELANO City Council/Economic Development Authority Tuesday, September 18, :00 p.m.

Transcription

1 1. CALL TO ORDER Mayor McDonald called the Regular meeting of to order at 7:02 p.m. PLEDGE OF ALLEGIANCE 2. ROLL CALL & APPROVAL OF AGENDA Members Present: Joe McDonald, Mayor Holly Schrupp, Council Member Brad Hotchkiss, Council Member Larry Bartels, Council Member Marc Plese, Council Member Members Absent: None Also Present: Phil Kern, City Administrator Kent Torve, City Engineer Scott Dornfeld, Building Official Alan Brixius, City Planner Mark Johnson, City Attorney Paula Bauman, Recorder Motion Number (M ) Motion by Holly Schrupp, seconded by Marc Plese to approve the Agenda of the Regular of with the addition of 6B: Request from Innovation Investment Partners for an extension of planning approvals. 13A: Consider bids for parking lot at South Ball Fields at Central Park. 13B: Reconsider the practice burn located at 236 Babcock Boulevard. Motion Carried A. Minutes of the Special Workshop of Tuesday, September 4, Motion Number (M ) Motion by Brad Hotchkiss, seconded by Larry Bartels to approve the Minutes of the Special Workshop of Tuesday, September 4, 2007 as submitted. Motion Carried 5-0. Page 1 of 12

2 B. Summary Minutes of the Special Workshop of Tuesday, September 4, 2007 for publication in the Delano Eagle. Motion Number (M ) Motion by Holly Schrupp, seconded by Larry Bartels to approve the Summary Minutes of the Special Workshop of Tuesday, September 4, 2007 for publication in the Delano Eagle as submitted. Motion Carried 5-0. C. Minutes of the Regular meeting of Tuesday, September 4, Motion Number (M ) Motion by Marc Plese, seconded by Brad Hotchkiss to approve the Minutes of the Regular meeting of Tuesday, September 4, 2007 as submitted. Motion Carried 5-0. D. Minutes of the Special Workshop of Tuesday, September 11, Motion Number (M ) Motion by Brad Hotchkiss, seconded by Larry Bartels to approve the Minutes of the Special Workshop of Tuesday, September 11, 2007 as submitted. Motion Carried Holly Schrupp abstained. E. Summary Minutes of the Special Workshop of Tuesday, September 11, 2007 for publication in the Delano Eagle. Motion Number (M ) Motion by Marc Plese, seconded by Larry Bartels to approve the Summary Minutes of the Special Workshop of Tuesday, September 11, 2007 for publication in the Delano Eagle as submitted. Motion Carried Holly Schrupp abstained. 4. SPEAKERS, PRESENTATIONS AND AWARDS A. Presentation of awards to the 2007 Adopt-A-Pot winners by the Big Woods Gardner s Club. Debbie DeBeer presented the winners and awarded the prizes for the 2007 Adopt-A-Pot winners. First place went to Juke Box Restaurant who received the $ award. Second place went to Otten Brothers/Flower Farm who received the $50.00 award. Third place went to World Taekwondo Academy and received an award of $ The honorable mention was Connor Tax Service. Joe McDonald thanked everyone who participated and stated they all did a wonderful job. Page 2 of 12

3 5. CONSENT ITEMS City: A. Approve purchase of a laser level from Grey Survey Repair for the Public Works Department. B. Authorize final Pay Application No. 1 to Pearson Brothers, Inc. for 2007 Seal Coating project. C. Approve Pay Request No. 6 for Transportation Improvements for 9 th Street and Rockford Avenue. D. Authorize final payment and release of retainage to Pogue Excavating for South Ball Field grading and seeding. E. Authorize the execution of quitclaim deeds to MnDOT for the purchase of land from the properties located at 200 Babcock Boulevard West. (Kosek/The Green House/Daily Grind) and the property along Highway 12 near 9 th Street (Gerald Litfin, et. al). F. Motion approving Change Order No. 2 to the North Ball Field construction contract with Bullock Construction in the amount of $19, 628. Motion Number (M ) Motion by Holly Schrupp, seconded by Brad Hotchkiss to approve the Consent Items A, B, C, D, E and F. Motion Carried CITY STRATEGY No. 1: Provide high quality infrastructure and services in a planned fiscally responsible manner. A. Recommend contract award for Storm and Sanitary Sewer Installation Modification. Kent Torve stated the Storm and Sanitary Sewer Installation/Modification Project involves the installation of a 48-inch storm water culvert under County Road 30 at the storm water pond just southwest of the Waste Water Treatment Plant. This culver is needed to provide adequate water flow to the new storm water lift station that is planned in that area. The culvert could not be delayed until 2008 because of the Highway 12 detour will go right over the culvert installation location, and the road must be open cut and repaved this fall before Page 3 of 12

4 the Highway 12 detour begins in the early spring. Torve stated he is working with the school and Stahlke Bus Company in regards to the detour; County Road 30 will be closed for one week during the construction. Brad Hotchkiss questioned if the City has worked with Sunblad Construction in the past. Torve stated the City has not but they have a good reputation; there is no reason not to award the bid. Motion Number (M ) Motion by Brad Hotchkiss, seconded by Marc Plese to award contract for Storm and Sanitary Sewer Installation/Modification to Sunblad Construction to Sunblad Construction. Motion Carried 5-0. B. Consider request from Innovation Investment Partners for an extension of planning approvals for hotel project. Phil Kern stated in June of 2006 the City approved site and building plan for an AmericInn. Since that time they have struggled with financing, franchises and other difficulties. Mr. Schaffer updated Council with the progress and asked for consideration of extension of the previous approval for the term of one year. Mr. Schaffer stated that the project has not changed significantly since the last approval. Mr. Schaffer stated he has not secured his franchise with AmericInn and circumstances outside of AmericInn s ability to control will prevent the ability to secure AmericInn franchise in Delano. Alternate planning with other franchise providers have begun and he stated a resolution should be found shortly. Council questioned which franchise they are in discussion with? Mr. Schaffer stated he has had discussions with Comfort Inn and Suites and Holiday Inn Express; these franchises are more nationally known and offer more amenities than AmericInn. Mr. Schaffer introduced Curt Christensen of Lee Lyn Construction who is a general contractor and will be involved in the construction project. Michael Thomas was hired as the new architect and has made adjustments to the project. The layout of the project is the same; hotel, water park and banquet facilities. Bartels questioned if this will go back to planning. Brixius stated the only change to the plans are the exterior elevations. Motion Number (M ) Motion by Larry Bartels, seconded by Holly Schrupp to approve an extension of planning approvals for hotel project from Innovation Investment Partners. Motion Carried 5-0. Page 4 of 12

5 Connie Plourde, Finnegan s Pub, questioned because of the additional water usage with the water park; will her utility bill increase? Ms. Plourde discussed her bill and questioned why it is so expensive. Kern discussed the fees and stated he would meet with her after the meeting regarding her bill. 7. CITY STRATEGY No. 2: Ensure the City s financial stability. There was none. 8. CITY STRATEGY No. 3: Manage high quality growth consistent with the City s Comprehensive Plan. A. Consider request from John Tackaberry, d/b/a Star West Chevrolet/Honda, Inc. for a Planned Unit Development/Conditional Use Permit for an exception to the building type and construction of the General Performance Standards; and a Conditional Use permit for the construction of a car wash/laundromat with pet wash for property located at 471 Babcock Boulevard East. Alan Brixius stated Star West Honda has submitted the following for review and approval: development applications for a conditional use planned unit development to allow for two principal buildings on one lot and share circulation drives across two lots. A conditional use permit for exception to building type and construction standards and site and building plan review for car wash, pet wash and Laundromat. Brixius stated the applications were reviewed in an August 9, 2007 planning report and considered at an August 13, 2007 public hearing before the Planning Commission. After discussion the applicant presented an alternative site plan that would attach a car wash to the existing Star West Honda building. The Planning Commission continued the applications to September to allow Staff to evaluate the alternative plan. August 24, 2007 the City sent a letter to the applicant extending the City s application review period to 120 days and outlined concerns for the alternative site plan. On September 4, 2007 the applicant met with the Mayor and City Administrator to discuss the application. At this meeting, the applicant has requested consideration of the original application. Upon review the Planning Commission denied both applications stating not enough information. Brixius stated upon staff review, the Building Official indicated that this building addition would be exempt from the building sprinkler requirement. Page 5 of 12

6 The proposed building addition lies south of Star West Honda building. The approved 2002 site plan shows no hard surface extending south of the building. The 2000 Star West Chevrolet plan illustrated approximately 51,560 square feet of building, paving and rock surfacing on site. The current survey submitted with the application indicated paving extending approximately 147 feet south of Star West Honda building and 50 feet south of Star West Chevrolet southern outbuildings for a total impervious surface of 72,300 square feet. The City has no record of approving the site grading or paving beyond the 2000 and 2002 site plans. Staff still believes that grading, drainage and ponding plans and improvements must be provided to address drainage from this expanded impervious area to avoid down stream drainage issues. The lack of fire hydrant or fire water supply remains a significant public safety issue for staff. The conditional use permit for a car wash requires a site plan that demonstrates proper traffic circulation, vehicle stacking and parking for the car wash. The revised site plan does not show how these design items will be addressed. Joe McDonald discussed his concern of the new impervious surface and what that will do to the adjoining property. McDonald discussed flooding issues within the City. John Tackaberry stated he has had no issues with neighbors and no water problems. McDonald stated the fact that the City was unaware pavement was put in the property. Mr. Tackaberry discussed his property. Kent Torve stated there was a culvert on the property at one time but has been removed. Mr. Tackaberry stated it was removed because of security issues and discussed other alternatives for security. Council discussed the installation of a fire hydrant. Mr. Tackaberry stated he is unable to do a hydrant because the cost would be too high. Mr. Tackaberry stated he supports Delano and would like to keep a car wash in town because one was taken out due to the Highway 12 project. Joe McDonald stated the Fire Chief has recommended a fire hydrant to be within three hundred feet; the reason for this is the City has adopted the State Fire Code. McDonald continued to explain there are requirements that need to be met to ensure safety. A hydrant is safe for his business, products, employees and customers. It s also the security of the fireman fighting the fires. Mr. Tackaberry stated he is only adding a car wash. McDonald explained it is not just for the car wash but all the other buildings on the property. Tackaberry stated the cost for a hydrant is $75,000 to $150,000. Torve stated most of the cost is the installation of the line. Bartels stated the hydrant itself would be around $2,000. Brad Hotchkiss questioned why Mr. Tackaberry is required to pay this when other entities are benefiting from the hydrant. Brixius stated because when a development application Page 6 of 12

7 comes in there are requirements to be met. Hotchkiss questioned Landscape Structures need for a hydrant. Kern discussed the situation but was unable to recall the solution; Landscape Structures was able to find a better solution and solve the problem. Hotchkiss stated he doesn t understand why a business owner who has been there for many years is required to install this it would cost him too much money. Hotchkiss questioned the payback for installation of a hydrant. McDonald stated he would like to discuss the issue directly with Bob VanLith to hear the pros and cons of a hydrant installation on the site. Bartels stated Mr. VanLith has addressed the Utility Commission regarding hydrants and he was pretty adamant that hydrants were needed. The item came up in general discussion and wasn t specific to Mr. Tackaberry s project. Brian Rogers, Maple Plain, stated he is a friend of Mr. Tackaberry s and also a Police Officer in Minneapolis. Mr. Rogers stated he was at the meeting during the discussion regarding the fire hydrant. He questioned Council what public safety really means; it doesn t mean anything unless it is backed up. Mr. Rogers discussed the building and the need for a hydrant. Gary Hornig, Minneapolis, stated he is a friend of Mr. Tackaberry s. Mr. Hornig discussed how towns are rated and stated it has nothing to do with how many hydrants are in town but the response time of the fire department. Mr. Hornig stated he is unhappy with the fact that he now has to drive to Buffalo to use the car wash. He believes it would be more convenient to have a car wash in town versus Buffalo or Rockford. Mr. Hornig stated he owns Honeytree Apartments stating Delano has the worse vacancy rate compared to surrounding towns. Delano needs more small businesses in town; this car wash will keep people in town. Lyle Oddan, Operations Manager of Star West, stated he has been involved in this project and discussed the need for a fire hydrant. Mr. Oddan stated there are hydrants surrounding the property. The fire department would be able to use any of them if there was a fire. Hotchkiss stated the City has a Planning Commission for a reason; they didn t have all the information at the past meeting; they should look at the entire property and where other hydrants are located. Motion Number (M ) Motion by Brad Hotchkiss, seconded by Larry Bartels to continue request from John Tackaberry, d/b/a Star West Chevrolet/Honda, Inc. for a Planned Unit Development/Conditional Use Permit for an exception to the building type and construction of the General Performance Standards; and a Page 7 of 12

8 Conditional Use permit for the construction of a car wash/laundromat with pet wash for property located at 471 Babcock Boulevard East to the October 8, 2007 Planning Commission meeting. Motion Carried 5-0. Connie Plourde, Finnegan s Pub, requested Staff look at the drainage issues next to her property located at 248 River Street North. Ms. Plourde stated the water is destroying her property; she has brought this to Staff s attention, but has not been able to find a resolution. Staff discussed; Kent Torve will meet with Ms. Plourde on Wednesday, September 19, No motion taken. No motion taken. 1. Adopt Resolution approving a conditional use permit/planned unit development (CUP/PUD) to allow two principle building on one lot and shared circulation drives across two lots and conditional use permit for exception to building type and construction standards for the Star West Honda Car Wash, located at 471 Babcock Boulevard within the City of Delano. 2. Adopt Resolution denying a conditional use permit/planned unit development (CUP/PUD) to allow two principle buildings on one lot and shared circulation drives across two lots and conditional use permit for exception to building type and construction standards for the Star West Honda Car Wash, located at 471 Babcock Boulevard, within the City of Delano. B. Consider request from John & Valerie Donahue and Rodney Scherping for a conditional use permit/planned unit development (CUP/PUD) and conditional use permit outdoor service, sales and rental. Brixius stated John and Valerie Donahue and Rodney Scherping are seeking rezoning, conditional use permit/planned unit development (CUP/PUD) and conditional use permit outdoor services, sales and rental approvals for the Delano Sports Center (Parcel A) and Donahue Harley Davidson Motorcycle (Parcel B) business. The parcels are located at 4354 Highway 12. The Donahue s are interested in selling Parcel B to Mr. Scherping. The properties exist currently as a retail motorcycle, ATV and snowmobile sales business. Their uses are consistent with the requested B-3 Highway Business District. The Delano Comprehensive Plan guides these parcels for commercial/industrial land uses. Rezoning of Page 8 of 12

9 the parcels to B-3 Highway Business District will be required to make the existing businesses consistent with the 2002 Comprehensive Plan. Mr. Donahue stated he will be selling the Harley dealership to Mr. Scherping and his son will be running the business. They will be expanding and taking the business to the next level. Mr. Donahue thanked the City for their help with the process and stated he appreciates their work. 1. Adopt Ordinance O amending the Delano Zoning Map of the City of Delano. Motion Number (M ) Motion by Holly Schrupp, seconded by Larry Bartels to adopt Ordinance O amending the Delano Zoning Map of the City of Delano. (Scherping, John and Valerie Donahue/Delano Sports Center.) Motion Carried 5-0 by Roll Call Vote. 2. Adopt Resolution R approving conditional use permit/planned unit development (CUP/PUD) and outdoor sales conditional use permit for Donahue Sports Center (Parcel A) located at 4354 Highway 12 within the City of Delano. Motion Number (M ) Motion by Larry Bartels, seconded by Marc Plese to adopt Resolution R approving conditional use permit/planned unit development (CUP/PUD) and outdoor sales conditional use permit for Donahue Sports Center (Parcel A) located at 4354 Highway 12, within the City of Delano. (Delano Sports Center) Motion Carried 5-0 by Roll Call Vote. 3. Adopt Resolution R approving conditional use permit/planned unit development (CUP/PUD) and outdoor sales conditional use permit for Donahue Harley Davidson (Parcel B) located at 4354 Highway 12, within the City of Delano. Motion Number (M ) Motion by Larry Bartels, seconded Holly Schrupp to adopt Resolution R approving conditional use permit/planned unit development (CUP/PUD) and outdoor sales conditional use permit for Donahue Harley Davidson (Parcel B) located at 4354 Highway 12, within the City of Delano. (Donahue Harley Davidson Motorcycle) Motion Carried 5-0 by Roll Call Vote. 9. CITY STRATEGY No. 4: Ensure a well-trained and productive workforce to meet the changes of the City. Page 9 of 12

10 There was none. 10. CITY STRATEGY No. 5: Increase accountability by measuring and evaluating service delivery. There was none. 11. CITY STRATEGY No. 6: Continue to improve the City s downtown. There was none. 12. CITY STRATEGY No. 7: Encourage communication and ideas with residents and business owners. A. Minutes of the August 13, 2007 Planning Commission meeting. No discussion. B. Minutes of the September 10, 2007 Planning Commission meeting. No discussion. C. Minutes of the September 13, 2007 Delano Fire Department meeting. No discussion. 13. OTHER BUSINESS A. Consider bids for parking lot at South Ball Fields at Central Park. Kern stated the proposal is to add parking stalls at a 60 degree angle along 3 rd Street. Main purpose of the parking is to increase the parking available. This item was included with the budget and the project plan. Because it s a one way street, the parking was not pushed into the ballfields and this saved on costs. The bids received and Matt Bullock Contracting was the low bid. The item was reviewed by the Park Board and has recommended approval. Motion Number (M ) Motion by Holly Schrupp, seconded by Marc Plese to approve bid from Matt Bullock Contracting for parking lot at South Ball Fields at Central Park. Motion Carried 5-0. Page 10 of 12

11 B. Reconsider the practice burn located at 236 Babcock Boulevard. McDonald stated this was approved at the September 4, 2007 regular city council meeting to do a training burn at 236 Babcock Boulevard. Joe McDonald met with representatives from MnDOT to discuss saving trees for the Highway 12 construction and marked the trees that could potentially be saved. Because of the significant tree loss the City is trying to save as many trees as possible. There are two trees surrounding the house that could potentially be saved during construction, but will not survive if the structure is burned. McDonald asked Council to reconsider the burn and demo the buildings to save the trees. Council discussed the price difference of burning versus demolition. Council agreed to postpone the burn and go out for bids of demolition at 236 Babcock Boulevard. No motion taken. C. Attorney/Client Privilege: Discuss condemnation proceedings with the property at th Street South. D. Attorney/Client Privilege: Discuss potential litigation regarding Northwest Interceptor Project. Motion Number (M ) Motion by Brad Hotchkiss, seconded by Holly Schrupp to enter executive session for the purpose of discussing condemnation proceedings with the property at th Street South and to discuss litigation regarding Northwest Interceptor Project. Motion Carried 5-0. Motion Number (M ) Motion by Holly Schrupp, seconded by Larry Bartels to exit out of closed session. Motion Carried COMMUNICATIONS AND ANNOUNCEMENTS There was none. 15. CLAIMS A. City Claims Motion Number (M ) Motion by Holly Schrupp, seconded by Larry Bartels to approve the City Claims in the amount of $449, Motion Carried ADJOURNMENT Page 11 of 12

12 Motion Number (M ) Motion by Holly Schrupp, seconded by Marc Plese to adjourn the regular meeting of the Delano City Council/Economic Development Authority of. Motion Carried 5-0. There being no further business to discuss the regular meeting of the Delano City Council/Economic Development Authority of was adjourned at 9:25 p.m. Joe McDonald, Mayor ATTEST: Marlene E. Kittock, City Clerk Paula J. Bauman, Recorder Page 12 of 12