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City Council Minutes 09-13-1999MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, September 13, 1999 - 7 p.m. Members Present: Roger Belsaas, Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen. Members Absent: None Mayor Belsaas called the meeting to order at 7:00 p.m. and declared a quorum present. 2.A A royal of minutes of the re ular meetin of Au ust 23 1999 On the motions for items #8 and #11 it was noted that the minutes should have read Roger Carlson. BRIAN STUMPF MOVED TO APPROVE THE AMENDED MINUTES OF THE REGULAR MEETING OF AUGUST 23, 1999. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED WITH BRUCE THIELEN ABSTAINING. 2.S A royal of the minutes of the s ecial meetin of Au ust 23 1999. ROGER CARLSON MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF AUGUST 23, 1999. CUNT HERBST SECONDED THE MOTION. MOTION CARRIED WITH BRUCE THIELEN ABSTAINING. 2.C A royal of the minutes of the s ecial meetin of Se tember 7 1999. CUNT HERBST MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 7, 1999. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF ABSTAINING. 3. Consideration of adding items to the agenda. BRIAN STUMPF MOVED THAT AGENDA ITEM #11 (CONSIDERATION OF AUTHORIZING CITY MAINTENANCE OF SCHOOL BOULEVARD ADJACENT TO THE STORMWATER PONDS BETWEEN EIDER LANE AND PELICAN LANE) BE MOVED TO THE CONSENT AGENDA AS ITEM SM. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4. Citizen comments/ etitions re uests and com laints. Susan Menzel of Big Lake representing the Monticello Women of Today came before the Council with a request to proclaim September 19-25, 1999 as Women of Today Week. Council Meeting - 09/13/99 BRUCE THIELEN MOVED TO AUTHORIZE THE MAYOR TO PROCLAIM SEPTEMBER 19-25, 1999 AS WOMEN OF TODAY WEEK. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Glenn Posusta, Amax Storage came before the Council to express his concern about the signage on the TH 25 Improvement Project and submitted a letter from Dean Rasmussen of Glass Hut who also had concerns about the signage. They indicated that there were no signs placed that indicated how traffic was to access their businesses since normal access was disrupted by the road construction. Brett Weiss of WSB indicated that there should be signs for these properties and that he would take care of the matter. 5. Consent. Agenda A. Consideration of adopting resolution approving a Drug and Alcohol Testing Policy far the City of Monticello/Heartland Express. Recommendation: Adopt a resolution accepting the City of Monticello/Heartland Express Drug and Alcohol Policy for the year 2000. (RES. #99-51) B. Consideration of Resolution supporting a fee increase for Deputy Registrar. Recommendation: Adopt a resolution supporting attempts to increase the fees for Deputy Registrar transactions. (RES.# 99-50) C. Consideration to modify the EDA Business Subsidy Criteria/Greater Monticello Enterprise Fund (GMEF) Guidelines. Recommendation: Approve the recommendations to modify the GMEF Guidelines as recommended by the EDA. D. Consideration to review Greater Monticello Enterprise Fund (GMEF) Loan No. 016 (Schoen Properties Limited Partnership) for compliance with the EDA-GMEF Business Subsidy Criteria. Recommendation: Approve a motion stating that the City Council has determined the EDA approval of GMEF Loan No. 016 for Schoen Properties Limited Partnership was approved without violation of the EDA-GMEF Business Subsidy Criteria, and therefore, the Council supports the decision by the EDA for loan approval. E. Consideration of a request for a final planned unit development permit within the CCD Zoning District to allow a mixed use feed and retail operation. Applicant: Little Mountain Feed. Recommendation: Approve the final stage PUD subject to the conditions in Exhibit Z and based on a finding that the proposal meets the intent of the CCD District and previous development stage PUD approval. F. Consideration of granting a conditional use permit allowing a small expansion to Hawks Sports Bar and Grill. Recommendation: Approve a conditional use permit allowing expansion of a restaurant in a B-3 zone contingent on meeting requirements outlined in Exhibit Z. Motion based on the find that the expansion under the 2 Council Meeting - 09/13/99 conditions listed will upgrade the area and will not result in a negative impact on the nearby residential area. G. Consideration of concept and development stage residential planned unit development consisting of five 12 unit apartments. Recommendation: Motion to approve the revised concept stage PUD subject to the conditions listed in the original staff report as well as the additional recommendations made in Exhibit Z and a motion to approve the development stage PUD subject to the recommendations in Exhibit Z. H. Consideration of an application for renewal of an interim use permit allowing a public school use in an I-1 Zone. Recommendation: Approve the issuance of an interim use permit to the Monticello School District to operate an alternative school program at 1248 Oakwood Drive East subject to the findings that the proposed use will not interfere with the City's long range objectives to encourage industrial development in the area and subject to the fallowing conditions: 1. The interim use permit will expire on August 31,2001. Extension of the use of the subject property for public school use beyond the termination date may only be allowed by re-application to the City. 2. The District agrees io expand the parking area at the direction of the City. "fhe City will direct expanded parking based on its observation of parking demand which may cause the use of on-street parking at any time. 3. The use of the subject property will be during normal school hours only. 4. 'fhe granting of this interim use permit shall not be effective until after inspection and approval of the building and property by the City Building Official. I. Consideration of establishing park dedication requirements for multi-family developments and establishing a policy implementing pathway development fund. Recommendation: Adapt an ordinance amendment establishing the park and trail dedication fee and establishing the fee at $950/housing unit. ORD. AMD. N0.331. J. Item pulled from the agenda. K. Review of proposals for Riverside Cemetery caretaker and consideration of award of contract. Recommendation: Moved to approve a contract with Mr. Bill Kearin for caretaker services at the Riverside Cemetery for $325/month. L. Consideration of amending the City of Monticello Liquor Ordinance to allow dispensing of intoxicating liquor at the Monticello Community Center. Recommendation: Approve adoption of the MN State Statute 340A.404 Subdivision 4 and incorporation into the Liquor Ordinance for the City of Monticello with the amendments as written . ORD. AMD. NO. 332. M. Consideration of authorizing City maintenance of School Boulevard adjacent to stormwater ponds between Eider Lane and Pelican Lane. Recommendation: Move to 3 Council Meeting - 09/13/99 ~~ authorize city staff to mow boulevard areas isolated from private residences by stormwater pond along School Boulevard. Motion to include the requirement that the affected property owners continue to keep the side slopes free from noxious weeds. However grasses can be allowed to grave higher than six inches. (Was agenda item #11) GLINT HERBST MOVED TO APPROVE THE CONSENT AGENDA ITEMS SA-SM. BRUCE "I'HIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. r 6. Consideration of items removed from the consent a enda for discussion. None 7. Public hearin -Consideration to ado t Ci criteria for awardin business subsidies. The purpose of the public hearing was to meet the requirements of State Statute Section 116J.993-116J-994 relating to criteria. for awarding business subsidies. Ollie Korapchak informed the Council that a revised draft of the criteria which contained some minor changes as recommended by the HRA attorney was being submitted to the Council. Mayor Belsaas opened the public hearing on the adoption of criteria for awarding business subsidies. No one came forward to speak for or against the proposed criteria. Mayor Belsaas then closed the public hearing. GLINT HERBST MOVED TO ADOPT THE SECOND DRAFT OF THE BUSINESS SUBSIDY CRITERIA FOR THE CITY OF MONTICELLO, MINNESOTA AS PRESENTED. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. S. Public Hearin -Consideration of a resolution authorizin a tax rate increase. City Administrator, Rick Wolfsteller, informed the Council that if the City was looking at a budget or tax levy that would result in a tax increase, the City must adopt a resolution authorizing a tax rate increase. The passing of the resolution does not necessarily mean that the City will increase their tax rate but it is a safety measure to allow for changes caused by market value adjustments that might affect the tax rates. Mayor Belsaas opened the public hearing. No one came forward to speak for or against the resolution. Mayor Belsaas then closed the public hearing. BRIAN STUMPF MOVED TO ADOPT A RESOLUTION WHICH INDICATES THAT A TAX RATE FOR THE 1999 LEVY COLLECTIBLE IN THE YEAR 2000 MAY BE HIGHER THAN THE TAX RATE LEVIED FOR 1999. CUNT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. (RES. #99-49) 9. Consideration of resolution ado tin the relimina 2000 bud et and tax lev . 4 Council Meeting - 09/13/99 City Administrator, Rick Wolfsteller, summarized the work to date on the budget and tax levy. The preliminary budget and tax levy up for Council approval reflected the Council direction that there be no more than a S% increase from last year. Preliminary figures from Wright County indicate that the City should see a slight increase in valuation. I-Iwever, until the City gets firm numbers from the County it is difficult to say how the tax levy would affect a particular type of property. Rick Wolfsteller reiterated that by adopting this levy amount this would be the maximum amount the City could levy. They could always go lower than this amount but they could not increase it. The City could add $360,000 to the budget amount and still meet levy requirements. It was pointed out that with a proposed future bond sale a portion of the levy would be earmarked for bond debt payments. Contributions to outside agencies and other items will be discussed at future budget workshops to be scheduled prior to the adoption of the final budget. At this time the Council is also required to set a date for the hearing on the budget and tax levy. It was suggested that the hearing be scheduled for Wednesday, December 8, 1999 at 5:00 with the final budget to be adopted at the regular Council meeting on December 13, 1999. GLINT HERBST MOVED TO ADOPT THE PRELIMINARY BUDGET AND TAX LEVY AS PREVIOUSLY DISCUSSED SETTING THE LEVY AT $4,848,611, 5% HIGHER THAN 1999 AND TO SET WEDNESDAY, DECEMBER 8, 1999 AT 5:00 P.M. AS THE DATE FOR THE PUBLIC HEARING ON THE BUDGET. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. (RES. #99-48) ].0. Consideration of a re uest for rezonin from R-l Sin le famil to A-O A ricultural- O enS ace and a conditional use ermit within the A-O Zoning District to allow a olf course and club house. A licant: Monticello Count Club. The change in zoning from R-1 to A-O would make the golf course a conforming use and would allow the existing use to be expanded. Deputy City Administrator, ;Ceff O'Neill reviewed Planning Commission action on this request and reviewed the five conditions of the conditional use permit. Clint Herbst asked about the provision for curb and gutter. The Flanning Commission will be reviewing this and if there is justification for not including curb and gutter as part of this request it would come back at a later date for approval. Clint Herbst noted that if the curb and gutter requirement is waived there should be a valid reason for doing so. However, at this time the applicant is proceeding as if curb and gutter is being required. Representatives of the Monticello Country Club were present and stated that they had met with neighboring property owners regarding the buffer between the golf course and adjacent properties. Some owners favored buffering while others preferred viewing the golf course. The Monticello Country Club will try to find a plan that will provide a balance between the two views. The Council also reviewed the parking space requirements and access. GLINT HERBST MOVED TO APPROVE THE REZONING FROM R-1 TO A-O BASED ON A FINDING THAT THE GOLF COURSE BETTER MEETS THE INTENT OF THIS DISTRICT AND THAT THE FUTURE LAND USE OF THIS AREA IS BETTER PROTECTED BY AN A-O ZONING S Council Meeting - 09/13/99 DESIGNATION. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. (ORD AMD. #333) BRIAN STUMPF MOVED TO APPROVE THE CONDITIONAL USE PERMIT BASED ON A FINDING THAT THE PROPOSAL MEETS THE STANDARDS APPLICABLE TO THIS USE AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. Compliance with all performance standards of the City's Zoning Ordinance including parking lot development. 2. Review and approval of a drainage plan by the City Engineer. 3. Expansion of the parking lot to a minimum of 139 spaces, as recommended in the Planning Commission report. 4. Submission of a landscaping plan which buffers the neibhboring residential development (Monticello Country Club Court) from the parking area and the maintenance building activity, in conformance with the City's landscaping and buffering requirements. 5. Staff has the opportunity to review the maintenance building plans for the purpose of evaluating exterior design compatibility with nearby buildings. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Consideration of authorizin Ci maintenance of School Boulevard ad'acent to stormwater onds between Eider Lane and Pelican Lane. This item was moved to the consent agenda as Item SM. X2. Consideration of reviewing bids for Chelsea Road and Walnut Street Improvement and award of contract. Mike Nielson from WSB reviewed the bid results with the Council. The first time the project was bid the Council rejected the bids because they were high. This time the bids came in $47,000 less than the last time the project was bid. The engineer's estimate for the Walnut Street portion of the project was $165,000. Mayor Belsaas asked if better unit prices could be obtained if the City waited until spring. Several members of the Council expressed concern about having another street torn up. The engineer also reviewed the costs for the Chelsea Road project which was bid as part of the Walnut Street project. The total estimated cost, including indirect costs for engineering, legal, etc. came to approximately $628,000. Mike Nielsen noted several items unique to the project and how they impacted project costs. These included removal of 4" of topsoil over the project area, reconstruction of the Cedar Street/Chelsea Road intersection and the use of prestressed concrete pipe to match the existing pipe. The Council discussed whether or not to proceed with both projects. The consensus of the Council was that the City needed to proceed with the Chelsea Road portian of the project now. John Simola, Public Works Director stated he would like to see the City do the Walnut Street project at this time. He was concerned about the lack of drainage on Walnut Street and pointed out parking concerns as well. He added that the 6 Council Meeting - 09/13/99 blacktop surface of Walnut Street is only 2" or 2 '/z" and he felt that the blacktop could be broken up pretty badly by spring. Bruce Thielen added that the City had no assurance that by re-bidding the project, the unit prices would be any better. Mike Nielsen stated that the street closing for Walnut Street would be primarily for the installation of the paver block at the crosswalk. Otherwise the driving lanes would be narrowed when curb and gutter would be installed but the street would be passable. BRUCE THIELEN MOVED TO APPROVE A RESOLUTION AWARDING THE CONTRACT FOR BOTH WALNUT STREET, CITY PROJECT N0.98-13C AND CHELSEA ROAD EAST, CITY PROJECT NO. 98-08C TO BUFFALO BITUMINOUS IN THE AMOUNT OF $694,301.50 WITH THE UNDERSTANDING THAT THE CITY WOULD DELAY THE FAVER WORK FOR THE CROSSWALK UNTIL SPRING. GLINT HERBST SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OFPOSITION. (RES. #99-52) 13. Consideration of a rovin Groveland relimina lot and ado tin a 'oint resolution su ortin annexation for Phase I of the Groveland lat. The Planning Commission reviewed this plat at their July and August meeting and recommended approval with conditions including submittal of a phasing plan, sidewalk clang the UPA easement and extension of sidewalk from Chelsea Road to the residential area. Also the EAW process must be completed and Wright County Sail Conservation District must give approval to the wetland impact mitigation plan. When the praposal carne before the Planning Commission a portion of the development was proposed far multi-family. At the time the praposal was submitted to the MOAA Board the area that was proposed for multi-family was changed to commercial which the MOAA Board agreed to. The Council discussed access to the proposed development. It is proposed to start construction of the residential phase of the development this fall. The City Engineer Hated a temporary road is shown as coming into the site. Clint Herbst suggested that certificate of occupancy not be issued for any homes in the development until Chelsea Road was complete. Brett Weiss, City Engineer indicated the temporary road would be paved so access to the site during the construction phase would be fairly good. Phase I is the boundary of the legal description in the annexation resolution. If a road was cut into the development it would run through land in the township and not included in the legal description of the annexation area. John Siznola suggested that the road be platted as part of the first phase. Any proposal for the road through township land would have to go back to the MOAA. BRUCE THIELEN MOVED TO GRANT PRELIMINARY PLAT APPROVAL TO THE GROVELAND RESIDENTIAL SUBDIVISION SUBJECT TO THE FOLLOWING CONDITIONS: 1. Developer must submit a phasing plan which facilitates access to the westerly point on Chelsea Road as early as possible. 2. Pathway located along the UPA easement should be shifted to the parallel right-of--way as sidewalk. 3. City Council must make a negative declaration of impact as a result of the environmental assessment review process. 7 Council Meeting - 09/13/99 4, Wright County Soil Conservation District must review and approve the wetland impact mitigation plan. 5. Approval of sewer, water and final plan by the City Engineer and Public Works Director. 6. That Chelsea Road be platted as part of Phase I or deeded to the City. GLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. In further discussion, Mike Gair representing the developer indicated that he wauld be in contact with the MOAA Board regarding the access issue. He noted that the original petition covered 255 acres and that was reduced dawn to cover only the area covered in Phase I. Mike Gair indicated that the developer would prefer to see the road costs going to the Chelsea Road construction rather than to the construction of a temporary road. BRUCE THIELEN MOVED TO APPROVE A JOINT RESOLUTION SUPPORTING ANNEXATION OF THE GROVELAND PLAT CONTINGENT UPON ANNEXATION OF LAND NECESSARY TO CONSTRUCT ROAD ACCESS AS NEEDED TO SUPPORT PHASE I DEVELOPMENT AND THAT IT MEET TOWNSHIP REQUIREMENTS AS WELL. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. (RES. #99-53) 14. Consideration of a rovin fans ands ecifications and authorizin advertisement for bids for West Bridge Park Lift Station Improvement. The engineers estimate for the project is $225,000 not including the generator, alarm system or off-street parking. The Park Board was supportive of getting the lift station done so that park development could occur but the parking improvements were not critical to their development plans. BRIAN STUMPF MOVED TO APPROVE THE PLANS AND SPECIFICATIONS PRESENTED BY THE CITY ENGINEER FOR THE WEST PARK LIFT STATION IMPROVEMENT WHICH DOES NOT INCLUDE THE GENERATOR, ALARM SYSTEM OR OFF-STREET PARKING IMPROVEMENTS. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. (RES.#99-54) 15. Consideration of an offer to urchase Ci owned arcel ad'acent to re-ali ned Chelsea Road -Dan Mielke. Previously the Council directed that this parcel be advertized far sale. As a result of the advertisement, the City did receive a couple of inquiries. An offer was submitted to the City by Dave Peterson. Dan Mielke who had also submitted an offer to the City was present and explained the basis for his proposal. The Council felt that tabling this item would allow the parties involved some additional time to firm up and clarify their proposals. BRIAN STUMPF MOVED TO TABLE ACTION ON THE SALE OF THE CITY OWNED PARCEL TO ALLOW ALL PARTIES ADDITIONAL TIME TO PREPARE PROPOSALS AND OFFERS. GLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Council Meeting - 9/13/99 16. Consideration of a zonin text amendment to allow external illuminated ro'ectin wall signs. Applicant: City of Monticello. The Council reviewed the proposed ordinance amendment to allow externally illuminated projecting wall signs. This amendment would apply to the Broadway area of the CCD. It was proposed that the projecting wall signs would be limited to one sign per business and two signs per building. Susie Wojchouski from DAT submitted pictures for Council review depicting different examples of the projecting wall signs. If the Council approves the ordinance amendment, applications for projecting signs in the CCD would be reviewed by DAT. In reviewing the ordinance amendment, the Council felt language should be added to specify that projecting wall signs could not advertise a specific product. BRUCE THIELEN MOVED TO APPROVE THE ORDINANCE AMENDMENT ALLOWING PROJECTING WALL SIGNS IN THE CCD DISTRICT WITH THE RESTRICTION THAT PROJECTING WALL SIGNS CANNOT ADVERTIZE A SPECIFIC PRODUCT. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. (ORD. AMD. #334) 17. Aunrove payment of bills for September. BRUCE THIELEN MOVED TO APPROVE PAYMENT OF BILLS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. BRUCE THIELEN MOVED TO ADJOURN AT 9:15 PM. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary [' 9