City Council Minutes 08-26-2002MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday August 26, 2002 - 7 p.m.
Members Present: Roger Belsaas, Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen.
Members Absent: None.
1. Call to order and Pledge of Allegiance.
Mayor Belsaas called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of
Allegiance was said.
2A. Approve minutes of August 12, 2002 regular Council meeting.
BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE AUGUST 12, 2002
REGULAR COUNCIL MEETING AS PRESENTED. BRUCE THIELEN SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
2B. Approve minutes of August 12, 2002 special meeting.
ROGER CARLSON MOVED TO APPROVE THE MINUTES OF THE AUGUST 12, 2002
SPECIAL MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
3. Consideration of adding items to theagenda.
BRIAN STUMPF MOVED TO ADD CONSIDERATION OF EXTENDING WORK HOURS
FOR BUFFALO BITUMINOUS ON THE CSAR 75 PROJECT TO CONSENT AGENDA AS
ITEM #51). BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
John Simola asked that a discussion of converting from overhead lighting be added to the agenda.
Brian Stumpf requested that mowing be added.
4. Citizen comments/petitions, requests and complaints.
Fire Chief , Scott Douglas, came before the Council with a number of concerns the Fire Department
had: 1) The naming of streets - The present system is chaotic and they would like some type of logical
pattern used in assigning street names in new developments; 2) They would like to see fewer cul-de-
sacs in the approved plats; 3) They would like to see appropriate street widths maintained. He noted
that the fire trucks are 8 V2 feet wide and with a 24' street width with parking on the street it is more
difficult for the equipment to get through. The Council discussed the concerns raised by the Fire
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Department. Mayor Belsaas noted that it was important for updated street maps showing the most
recent developments to be in the hands of the Fire Department as soon as possible. He also felt it
was important for the developers early in the platting process to set the street names for their
development. John Simola noted that the ordinance restricts cul-de-sacs unless there is a bona fide
reason. Jeff O'Neill stated that the cul-de-sacs help establish higher level housing. He also felt that
broadening the street width would work at cross purposes with the aim of developing higher level
housing. The wider streets would give the feel of being on a major roadway rather than on a
neighborhood street. It was noted that there are several developments with 20' street widths and that
can be a problem for emergency vehicles or any larger vehicles such as a garbage truck. Roger
Belsaas indicated that perhaps when a preliminary plat or concept plan comes in someone from the
Fire Department should look at it. Roger Belsaas asked whether a transmitter on the traffic light for
emergency vehicle use is being planned for the light proposed at Elm Street. John Simola indicated
that he would check on this and get back to Scott Douglas.
-5. Consent Agenda
A. Consideration to review GMEF Loan No. 022 for compliance with EDA-GMEF Business
Subsidy Criteria. UMC Applicant. Recommendation: Approving a motion stating that the
City Council has determined the EDA approval of GMEF Loan No. 022 for Ultra Machining
Company was approved without violation of the EDA-GMEF Business Subsidy Criteria;
therefore Council supports the decision by the EDA for loan approval.
B. Consideration of accepting petition, ordering feasibility study, accepting feasibility study,
ordering plans and specifications, accepting quotes and ordering a change order to CSAR 75
project (Project No. 2000-16C) allowing development of utility connections at Maple Street.
Recommendation: Accept the petition, order the feasibility study, accept feasibility study,
order plans and specifications and accept a change order to CSAR 75 project allowing
Maple Street service connection to the adjoining property owned by Rick Anderson
contingent upon the property owner signing a waiver of assessment hearing noting that he
agrees to pay the full cost of the extension.
C. Consideration of authorizing purchase of replacement cooler shelving for liquor store.
Recommendation: Authorize the purchase of replacement cooler shelving in the amount of
$18,271.68 from Britz Store Equipment.
D. Consideration of extending work hours beyond the quitting time of 7:00 p.m. for Buffalo
Bituminous on CSAH 75 Rehabilitation Project No. 2000-16C. Recommendation: Move
to allow the contractor to work from 7 a.m. to 9 p.m. Monday through Saturday as outlined.
BRUCE THIELEN MOVED TO APPROVE THE CONSENT AGENDA AS AMENDED WITH
THE ADDITION OF ITEM #51). ROGER CARLSON SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
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6. Consideration of items removed from the consent agenda for discussion.
None.
7. Public Hearing - Consideration to approve business subsidy for UMC and to authorize
entering into the Contract for Private Development among the HRA, the City and Terrace
and Mary Tomann Limited Partnership.
Economic Development Director, 011ie Koropchak provided background information on this item. At
the last meeting the City approved establishment of the TIF District for this proposal. This agreement
supplies the amount of the TIF assistance. 011ie Koropchak also added that the ground breaking
ceremony is scheduled for September 13, 2002.
Mayor Belsaas opened the public hearing. No one spoke for or against the proposal. Mayor
Belsaas summarized the terms of the business subsidy to UMC which is $395,000 pay-as-you-go
TIF note at an interest rate of 7.25% over 8 years for land write-down. Mayor Belsaas then closed
the public hearing.
BRIAN STUMPF MOVED TO APPROVE THE BUSINESS SUBSIDY FOR UMC AND TO
AUTHORIZE ENTERING INTO THE CONTRACT FOR PRIVATE DEVELOPMENT
AMONG THE HRA, THE CITY, AND TERRACE AND MARY TOMANN FAMILY LIMITED
PARTNERSHIP. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
8. Public Hearing - Consideration to adopt a resolution authorizing application to the
Minnesota Department of Trade and Economic Development (DTED) for funding an
economic development nroiect.
Economic Development Director, 011ie Koropchak noted that the resolution the City is approving is
part of the application to the Minnesota Department of Trade and Economic Development for funding
the UMC economic development project. She then introduced Lenny Kirshct who is working on
behalf of the City on the application to the DTED.
Lenny Kirscht stated that they will be applying for $295,000 of grant funds. The funds are proposed
to be state funds which means that the City will be keeping the first $100,000 of principal plus the
interest. The $295,000 will be loaned to UMC by the City in order to aid in the construction of their
new facility on Chelsea Road which UMC hopes will be ready for occupancy in the spring. The
project cost is estimated at approximately $4.4 million with $1 million for equipment and the remaining
for land acquisition and building construction.
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Councilmember Clint Herbst arrived at this time. Mayor Belsaas opened the public hearing. There
was no one present who spoke for or against the issue. Mayor Belsaas then closed the public
hearing.
BRUCE THIELEN MOVED TO APPROVE THE LOCAL GOVERNMENT RESOLUTION,
ECONOMIC DEVELOPMENT PROGRAM, AUTHORIZING APPLICATION TO THE
MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT FOR
ULTRA MACHINING COMPANY (UMC) BRIAN STUMPF SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
9. Public Hearing - Consideration of vacation of easements in Outlot F of Groveland Addition.
Deputy City Administrator, Jeff O'Neill stated that this vacation request involved the development of
the Groveland Center plat and involves the vacating of an easement that is under the building. The
easements that are on Outlot F will be replaced with easements in the Groveland Center plat. It was
also suggested that the development indemnifying the City from any liability associated with City
maintenance of utility lines lying within the easement. John Simola felt it was important that the City
Attorney review this and make sure the indemnification is tied to the land and not to the developer.
Bret Weiss stated that when the sewer and water lines were installed they did not anticipate a building
being placed in that location. However then they looked at the project it seemed that this was the
best place for the building. He didn't feel it made sense to leave the easement under the building but
he agreed that the matter should be reviewed by the City Attorney. Shawn Weinand indicated he had
no problem with the City Attorney reviewing this but pointed out that he wanted to keep the platting
process moving as he will be requiring a certificate of occupancy in three weeks. The Council
directed the Public Works Director and the City Administrator to work with the City Attorney on this
matter.
Mayor Belsaas opened the public hearing at this time. There was no one present who spoke for or
against the easement vacation. Mayor Belsaas then closed the public hearing.
CLINT HERBST MOVED TO VACATE THE EASEMENTS IN OUTLOT F OF
GROVELAND ADDITION TO ALLOW RECORDING OF THE FINAL PLAT OF THE
GROVELAND COMMERCIAL CENTER CONTINGENT UPON REPLACEMENT OF
EASEMENTS WITH NEW EASEMENTS AS IDENTIFIED ON THE GROVELAND
COMMERCIAL CENTER PLAT AND CONTINGENT UPON THE DEVELOPER
RELEASING THE CITY FROM LIABILITY ASSOCIATED WITH DAMAGE RESULTING
FROM CITY MAINTENANCE OF THE UTILITY LINES WITHIN THE EASEMENT.
BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
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10. Consideration of request for amendment to City Ordinance on Tattoo Parlors/Body Piercing
Establishments relating to training requirements.
City Administrator, Rick Wolfsteller, provided background information regarding the ordinance and
the specific request for amending the ordinance to allow other training alternatives in lieu of the 30 day
apprenticeship under a licensed tattoo artist. The Council discussed the matter and directed staff to
research with other agencies and the League of Minnesota Cities to see if there were other training
options that could be considered.
BRUCE THIELEN MOVED TO TABLE UNTIL THE NEXT MEETING CONSIDERATION
OF AMENDING THE ORDINANCE ON TATTOO PARLORS/BODY PIERCING
ESTABLISHMENTS TO ALLOW FOR STAFF RESEARCH ON TRAINING OPTIONS.
BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
11. Consideration of adoption of amendments to the Comprehensive Plan.
Deputy City Administrator, Jeff O'Neill provided background on the development of the proposed
amendments to the Comprehensive Plan. City Planner, Steve Grittman noted that the proposal was
an addendum to the land use plan rather than an amendment. The proposal looks at the land use and
infrastructure needs for the extraterritorial area. The plan is to identify to developers the types of land
use and to set up transportation corridors. Discussion of the plan focused on commercial and
industrial development. Steve Grittman noted that commercial land is more sensitive to transportation
needs. Clint Herbst asked about accesses and interchanges questioning whether the City puts their
money toward acquiring the land or getting the interchanges. He asked if there was some entity that
could give guidance to the City on this issue. Steve Grittman indicated that the staff had discussed
follow up procedures to be used in making sure the plan is a guide. He felt that a project could be
done that would weigh the pros and cons of infrastructure -vs- land acquisition. Steve Grittman
stated that there are a number of things that would have to be done to help the City accomplish this
plan over the years.
John Simola noted that there are a number of parcels in the study area that could not be serve with the
present infrastructure and there was some discussion on whether properties that could not be served
in the long term should be included. Steve Grittman felt that even though the City may not be able to
serve the area within the developers time frame, they should not be excluded from the map or the long
term planning. Clint Herbst felt it was important to do the long term planning but also felt it was
equally important to look at this plan every year or so because of changes. Roger Carlson asked if it
would be premature to include verbiage about establishing interchange studies, land acquisition and
establishing a task force.
ROGER CARLSON MOVED TO ADOPT AMENDMENTS TO THE COMPREHENSIVE
PLAN AS RECOMMENDED BY THE PLANNING COMMISSION MOTION BASED ON
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THE FINDINGS IDENTIFIED IN THE PLANNER'S REPORT AND TO HAVE STAFF
PURSUE THE OPTION OF ESTABLISHING A TASK FORCE WITH APPROPRIATE
MEMBERS FROM COUNCIL, PLANNING COMMISSION AND STAFF. CLINT HERBST
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
12. Review new owner development proposal for consistency with Montissippi Trail Planned
Unit Development (Timber Ridge) - Applicant: Mike Schneider, Homestead Multi -Family
Development Corporation.
This area formerly known as Montissippi Trails Development had previously received Planning
Commission and Council approval as a Planned Unit Development. Homestead Multi -Family
Development Corporation has taken over the development and have made some changes in the plan
from what was originally approved. As such the Council could direct that the Planning Commission
review these changes. and Jeff O'Neill noted that members of the Planning Commission did request
that this item come back for their review. Clint Herbst felt that since they were proposing something
different and this was a higher density development it should be looked at carefully.
Mike Schneider of Homestead Multi -Family Development Corporation, introduced himself and
discussed the proposed development. He noted there were no changes to the plat or engineering
items. He did indicate their buildings would be 112 feet larger than those originally proposed.
Approximately 10% of the units would be slab on grade units and would start at $150,000. The
remaining 90% would have basements and would be higher in price. Clint Herbst indicated that he
did not have a problem with the changes but felt that it should be reviewed by the Planning
Commission. Mayor Belsaas felt the adjacent property owners should be notified. Jeff O'Neill
stated that if a public hearing was required it could not be done until the October Planning
Commission meeting.
BRUCE THIELEN MOVED TO TABLE THIS MATTER SENDING IT BACK TO THE
PLANNING COMMISSION FOR FURTHER REVIEW FOR CONSISTENCY WITH THE
APPROVED PUD. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
Other Items:
Conversion of Overhead Lighting on CSAH 75 - John Simola reported that he had talked to Darrin Lahr
from Xcel Energy regarding underground crossings along CSAH 75 to see what it will cost. Darrin Lahr will
have the cost information to him tomorrow and John Simola will submit it to the contractor. Xcel Energy can
provide the conduit if the City is strongly in favor of going underground. Xcel can provide the conduit and do
the installation or they can provide the conduit and the City's contractor can do the installation. The Council
had earlier discussed how to finance the cost of the conversion to underground wiring which included a
franchise fee. In talking with Darrin Lahr, he now believes it would be prudent for the City to try to get the
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underground crossings done now when the contractor is working in the area. Mayor Belsaas noted that if the
Xcel Energy puts their lines underground TDS and the Charter Cable would have to do likewise. TDS had
indicated to the City that in this area their lines were already underground so they would not be impacted by
the conversion but the cable company would.
BRUCE THIELEN MOVED TO AUTHORIZE STAFF TO DO WHAT IS NECESSARY NOW TO
GET THE CONDUIT IN THE GROUND AND COME BACK TO THE COUNCIL AT A LATER
DATE WITH INFORMATION ON ESTABLISHING A FRANCHISE FEE. CLINT HERBST
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
John Simola also asked that the Council authorize the City Administrator and Public Works Director to
negotiate changes orders on this project not to exceed $10,000 with the exception of the conduit.
BRUCE THIELEN MOVED TO AUTHORIZE THE CITY ADMINISTRATOR AND PUBLIC WORKS
DIRECTOR TO NEGOTIATE CHANGES ORDERS TO THE CSAH 75 PROJECT NOT TO EXCEED
$10,000 WITH THE EXCEPTION OF THE CHANGE ORDER FOR THE CONDUIT. BRIAN
STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
Mowing - Brian Stumpf mentioned several sites that needed mowing such as the H -Window site and the
former Ruff s Auto site. Jeff O'Neill stated that the ordinance provides that anything 100' away from the
building does not have comply with 6" grass height provision. Brian Stumpf felt that maybe the ordinance
should be reviewed and the City consider making the grass height restriction for the entire lot. Staff was
directed to check the sites mention.
Drainage Problem - Roger Belsaas asked if staff had an opportunity to look at the drainage problem on
Bear Avenue. Bret Weiss stated he had looked at it and they are trying to come up with a solution. They are
looking at possibly beeming up the area so that the water stays in the field. He felt the property owner would
have some concerns about the water being forced back onto his property. Bret Weiss noted that as the
property develops this issue would be taken care of but there are not a lot of options to look at right now.
Roger Belsaas also asked about the undermining of the pathway by the Bondus property. Mike Nielsen from
WSB & Associates will be checking into this. Bruce Thielen asked when Public Works would be trimming
the trees that were planted a number of years ago. John Simola stated that they are in the process of doing
the trimming at the present time. Roger Belsaas asked who is responsible for replacing the dying trees
located on the berm in the Groveland development. Jeff O' Neill stated it was the responsibility of the
developer.
13. Approve payment of bills for August.
CLINT HERBST MOVED TO APPROVE THE PAYMENT OF BILLS FOR AUGUST.
�..✓ ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
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14. Adjourn.
BRUCE THIELEN MOVED TO ADJOURN AT 8:30 P.M. BRIAN STUMPF SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
Recording Secretary
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