CIty Council Minutes 06-24-2002MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, June 24, 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.
2. Approve minutes of June 10, 2002 regular Council meeting.
ROGER CARLSON MOVED TO APPROVE THE MINUTES OF THE JUNE 10, 2002
REGULAR COUNCIL MEETING. CLINT HERBST SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
3. Consideration of adding items to the agenda.
(^ Jeff O'Neill requested the Council set a date for a workshop meeting with the Monticello Youth
Hockey Association regarding the T" Street ice facility. The Council set Monday, July 8, 2002 at
5:30 p.m. as the scheduled time for the workshop. John Simola asked to make a presentation on the
proposed entrance sign for the City of Monticello. Clint Herbst added a discussion of the landscaping
policy for developments. 011ie Koropchak asked that a resolution calling for a public hearing to
modify the Redevelopment Plan for Central Monticello Redevelopment Project No. 1 and the
proposed establishment of TIF District No. 1-32 (Production Stamping) be added to the consent
agenda.
4. Citizen comments/petitions, requests and complaints.
None.
5. Consent Agenda:
A. Consideration of ratifying new hires for community center. liquor store and public works.
Recommendation: Ratify the new hires as identified.
B. Consideration of appointments to fill vacancies on the Library Board. Recommendation:
Approve the appointment of Sandra Foster and Dawn Grossinger to fill the two vacancies on
the Library Board.
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C. WITHDRAWN FROM THE AGENDA.
D. Consideration to review Greater Monticello Enterprise Fund (GMEF) Loan No.021 for
compliance with the EDA-GMEF Business Subsidy Criteria. Applicant: Tapper's Inc.
Recommendation: Approve a motion stating that the City Council has determined the EDA
approval of GMEF Loan No. 021 for Tapper's Inc. was approved without violation of the
EDA-GMEF Business Subsidy Criteria, therefore, Council supports the decision by the
EDA for loan approval.
E. Consideration to adopt a resolution calling for a public hearing on the proposed adoption of
the modification to the Redevelopment Plan for Central Monticello Redevelopment Project
No. 1 and the proposed establishment of TIF District No. 1-31 therein and the adoption of
the TIF Plan therefor. Recommendation: Move to adopt a resolution calling for a public
hearing on the proposed adoption of the modification to the Redevelopment Plan for Central
Monticello Redevelopment Project No. 1 and the proposed establishment of TIF District No.
1-31 therein and the adoption of the TIF Plan therefor.
F. Consideration of final plat approval of the Riverwalk Subdivision. Recommendation: Move
to approve final plat of the Riverwalk Subdivision.
G. Consideration of a conditional use permit and an amendment to a planned unit development to
allow an auto body repair facility in the 13-3 District. Applicant: Gould Brothers and Jay
Morrell. Recommendation: 1) Move to approve the conditional use permit for auto body
repair in the B-3 District subject to the conditions noted below and based on a finding that the
use is appropriate for the zoning district and the proposed site; 2) Move to approve the
amendment to the planned unit development based on the finding that the use is similar to that
of the previously approved PUD and a finding that this use is consistent with the
comprehensive plan.
1. Landscaping of the parcel per site plan prior to issuance of a building permit or via a
landscape bond.
2. Paving and curbing along the Marvin Road frontage within 12 months of a resolution
of the status of Marvin Road by the City Council.
3. There will be no outside storage of vehicles or parts. If outside storage should occur
the applicant will immediately be subject to a revocation hearing in front of the City
Council.
4. 14 customer parking spaces should be re -striped. In the event these 14 spaces are
proven not to be sufficient, the applicant shall provide additional parking spaces.
5. No outdoor sales/display.
6. Recommendations of other City Staff including the City Engineer.
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H. Consideration of accepting plans and specifications and authorizing advertisement for bids for
street and utility work on Front Street, Project No. 2001-06C. Recommendation:
Approve the plans and specifications as presented and authorize advertisement for bids.
Consideration of approving Change Order No. 5 to the Liquor Store Expansion Project.
Recommendation: Approve Change Order No. 5 to the Liquor Store Expansion Project in
the amount of $1,026.00 making a revised contract amount of $478,263.00.
J. Consideration to approve authorization to enter into a Contract for Private Development
among the HRA, the City and Central Minnesota Housing Partnership. Recommendation:
Move to approve authorization to enter into the Contract for Private Development among the
HRA, the City, and the CMHP.
K. Consideration to adopt a resolution approving the terms of $125,000 loan in connection with
TIF District No. 1-30. Recommendation: Adopt the resolution approving the terms of
$125,000 loan in connection with TIF District No. 1-30.
On item 5H it was noted that approval would be contingent upon staff review of plans. Item 5G was
the topic of a special Planning Commission meeting held at 6 p.m. on June 24, 2002. Jeff O'Neill
noted that the following three conditions were added by the Planning Commission, 1) Requirement of
no parking on City right of way of Marvin Road; 2) Project is subject to building plan standards and
public works standards for utility design; 3) Eliminate requirement of curb being placed on Marvin
Road within 24 months. The "no curb" requirement is for an indefinite period of time. There was also
a modification of the landscape plan to require trees every 40 lineal feet on TH 25. The applicant was
comfortable with these added conditions. Public Works Director, John Simola noted that the plan
showed vehicle parking 5' back from Marvin Road. Jeff O'Neill indicated that the area would be
striped and since there was ample property area the applicant would have no need to go in the Marvin
Road right of way area for parking of vehicles.
BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH ITEM 5C
BEING WITHDRAWN, WITH THE ADDITIONS NOTED BY THE PLANNING
COMMISSION FOR ITEM 5G, WITH ITEM 5H CONTINGENT UPON STAFF REVIEW OF
PLANS AND SPECIFICATIONS AND WITH THE ADDITION OF ITEM 5L,
CONSIDERATION OF A RESOLUTION CALLING FOR A PUBLIC HEARING DATE FOR
THE MODIFICATION TO THE REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO
REDEVELOPMENT PROJECT NO. 1 AND THE PROPOSED ESTABLISHMENT OF TIF
DISTRICT NO. 1-32 THEREIN AND THE ADOPTION OF THE TIF PLAN THEREFOR.
BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
6. Consideration of items removed from the consent agenda for discussion.
None.
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7. Public Hearing - Consideration of adopting ordinance annexing Kjellberg West Mobile
Home Park.
City Administrator, Rick Wolfsteller, provided background information on the item noting that there is
a development agreement covering the extension of sanitary sewer to the Kjellberg West Mobile
Home Park. The sewer project, although delayed in getting started, is now nearing completion and
the developer has submitted a petition requesting annexation to the City. Rick Wolfsteller added that
there are some aspects of the sewer extension that need to be approved by the Pollution Control
Agency and the Department of Health. He stated that after the public hearing on the annexation is
concluded any Council approval should be contingent upon the developer being in compliance with
the terms of the development agreement and settlement agreements. When all conditions of the
agreements have been met, the City would then submit the annexation ordinance to the State Plan►iin�-1
Agency.
Mayor Belsaas opened the public hearing. There was no one present who spoke for or against the
proposed annexation. Mayor Belsaas then closed the public hearing.
,Roger Carlson asked how far away Mr. Kjellberg was from completing the requirements. City
Engineer, Bret Weiss, responded that the MPGA has sent a letter to Mr. Kjellberg stating that his
system does not meet the requirements for an acceptable sanitary sewer system. Bret Weiss felt that
if Mr. Kjellberg chooses to bring his system up to standards it would likely take a couple of months to
do so.
Clint Herbst felt the court decision on the MOAA may be close and he didn't think it would hurt to
delay the annexation until that decision was made.
BRIAN STUMPF MOVED TO DENY THE ANNEXATION REQUEST FOR THE
KJELLBERG WEST MOBILE HOME PARK UNTIL SUCH TIME AS ALL THE
CONDITIONS OF THE DEVELOPMENT AND SETTLEMENT AGREEMENTS HAVE BEEN
MET. CLINT HERBST SECONDED THE MOTION.
Bruce Thielen questioned why the motion was to deny rather than table action on the request. Brian
Stumpf felt it could be a long process for the petitioner to comply with the terms of the agreements.
Rick Wolfsteller noted by denying annexation, it would require renotification of affected properties if
the matter comes before the Council again.
UPON VOTE BEING TAKEN, THE MOTION CARRIED UNANIMOUSLY.
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8. Public Hearing - Consideration to adopt a resolution for modification to the redevelopment
plan for Central Monticello Redevelopment Project No. 1 and the proposed establishment of
Tax Increment Financing District No. 1-30 therein and the adoption of a tax increment
financing elan therefor.
011ie Koropchak provided background on this proposed residential development involving the Central
Minnesota Housing Partnership. Sheri Harris representing CMHP was also present. It was noted
that acquisition of the last property is to take place on June 26`x' and that there are some design issues
still to be reviewed with the Planning Commission. The project does meet the "but for" criteria.
Brian Stumpf inquired whether any of structures on the properties acquired were going to be
demolished and if so could the fire department do that as a training drill. Sheri Harris indicated she
saw no problem with that and said she will work with the Fire Chief on this.
Mayor Belsaas opened the public hearing. There was no one present who spoke for or against the
project. Mayor Belsaas then closed the public hearing.
BRUCE THIELEN MOVED TO APPROVE A RESOLUTION ADOPTING A
MODIFICATION OF THE REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO
REDEVELOPMENT PROJECT NO. 1 AND ESTABLISHING TIF DISTRICT NO. 1-30
THEREIN AND ADOPTING THE RELATED TIF PLAN THEREFOR. ROGER CARLSON
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
9. Public Hearing - Vacation of Cedar Street lying south of Dundas Road.
Jeff O'Neill and City Planner, Steve Grittman presented information about the planned unit
development which initiated the request for the vacation of Cedar Street lying south of Dundas Road.
Steve Grittman submitted an aerial photo of the project which showed the existing mini storage
structures along Dundas Road, the existing Cedar Street right of way and the location of the new
Cedar Street alignment. It is proposed that the mini storage use be expanded to the south and some
commercial parcels would be created along Cedar Street. The planned unit development is needed
for the mini storage project is because they have several principal buildings on one parcel and the
ordinance requires a PUD when more than one principal building is located on a parcel. The
proposed plan would keep the mini storage towards the industrial area and away from TH 25. Steve
Grittman noted that more detailed plans will be submitted at the development stage of PUD approval.
Roger Carlson asked about the zoning of the property and was informed that it was B-3.
Rick Wolfsteller then provided information on the proposed vacation and options for the sale of the
vacated right of way. He noted that the City would not only be selling the vacated right of way but
also a City owned parcel lying between Cedar Street and TH 25. There was some question on the
amount of acreage that was involved. Bret Weiss indicated they will double check the amount of the
land area for the right of way and City owned parcel. Mayor Belsaas stated that the City should not
do anything different than what they did with the Danner property which is located nearby. The City
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sold that property at $3.50/sq. ft.
Rick Wolfsteller noted that at this time there is nodevelopment project proposed for Outlot A & B.
The Council discussed the value of the land in that area and felt that $3.50/sq. ft. was a fair price.
The Council also discussed exchanging 1/2 the vacated right of way of old Cedar Street for the right of
way for the new Cedar Street alignment. It was asked what the City could do that would provide
some incentive for existing business to expand since new development had TIF assistance. Brian
Stumpf noted that with TIF you are usually providing assistance to a proposal that is generating new
jobs as well as constructing a new building.
Mayor Belsaas opened the public hearing on the vacation of Cedar Street. Glen Posusta, Amax
Storage, spoke to the Council regarding the proposed vacation. He questioned the contention of the
City that they own the right of way to the old Cedar Street adding that his deed described his
property as extending to the centerline of old H 25. Glen Posusta submitted some pictures showing
the property he owns as well as the area owned by the City. He believes that 1/2 of the Cedar Street
right of way is his. He believes that the State only had an easement to use the road and when the
State turned the road back to the County and ultimately to the City they were only transferring their
easement and not ownership of the right of way. When the City vacates the easement, they are not
retaining any rights to sell that easement. He felt the City has to prove their ownership of the right of
way. Roger Belsaas stated that the City could act on the vacation regardless of who owned the right
of way. Bret Weiss added that he would like to verify the calculations made initially of the total
square footage of the right of way and the City owned parcel. Mayor Belsaas closed the public
hearing.
CLINT HERBST MOVED TO APPROVE THE VACATION OF THE CEDAR STREET RIGHT
OF WAY LYING SOUTH OF DUNDAS ROAD CONTINGENT UPON THE CITY
OBTAINING THE RIGHT OF WAY FOR THE NEW REALIGNED CEDAR STREET. BRIAN
STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
The Council discussed the options presented for hand] incy the sale of the vacated Cedar Street right of
way and the City owned parcel.
BRUCE THIELEN MOVED THAT FOR THE PROPERTY IN QUESTION THE RIGHT OF
WAY WOULD BE HANDLED IN ACCORDANCE WITH STAFF RECOMMENDATION
OUTLINED IN OPTION #3 WHEREIN'/20F THE VACATED RIGHT OF WAY WOULD BE
EXCHANGED FOR THE RIGHT OF WAY OF THE NEW CEDAR STREET ALIGNMENT
AND THE REMAINING HALF OF THE RIGHT OF WAY AND THE CITY OWNED
PARCEL WOULD BE SOLD AT $2.60/SQ. FT. WITH THE CITY CHARGING FOR THE
ASSESSMENTS MADE UNDER THE DUNDAS ROAD IMPROVEMENT PROJECT. CLINT
HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
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10. Consideration of concept stage planned unit development allowing a mixed commercial
development in a B-3 Zoning District. Applicant: Glen Posusta/Amax Self Storage.
Discussion of this item was done as part of the public hearing on the street vacation.
BRIAN STUMPF MOVED TO APPROVE THE PLANNED UNIT DEVELOPMENT
CONCEPT PLAN FOR GLEN POSUSTA WITH THE FOLLOWING CONDITIONS:
COMPLETION OF CEDAR STREET VACATION PROCESS AND ASSOCIATED
LAND EXCHANGE NECESSARY TO SUPPORT CONCEPT PLAN.
2. PREPARATION OF DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT
PLANS THAT INCLUDE PAVED CIRCULATION, DRAINAGE CONTROL,
SIGNIFICANT LANDSCAPING, FENCING/SCREENING/BUFFERING, SIGNAGE
AND BUILDING QUALITY.
ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
11. Consideration of recommendation of Library Board regarding library space needs.
Bruce Thielen and Clint Herbst were at the meeting of the Library Board held on June 18"' to discuss
the building needs of the library. The Library Board discussed the options available and in particular
the possibility of an exchange with Wells Fargo of the existing library site for the Marquette Bank site.
The Library Board agreed that the land exchange would provide a suitable interim solution to the
building needs of the library but they questioned the ability for building expansion on the site. They
also felt that before the City invested very much in the way of funds to make any improvements to the
Marquette Bank site, if it was obtained, the City should obtain a feasibility study to determine if the
site was adequate for expansion and the cost of any expansion on this site as well as other options for
expansion and the costs for those options. It was pointed out to the Council that the Library Board
was looking at an expansion that would double the size of the existing building rather than an increase
of 50% that was initially discussed.
Diane Herbst, a member of the Library Board, spoke to the Council about the Board's discussion of
the land exchange and the building needs of the library. She stated that the existing library is too small
to meet the current needs and an exchange for the Marquette Bank building would not provide a
larger building unless the canopy area was enclosed. She reiterated that the library space needs to
double what currently exists. Roger Belsaas asked if they had a time frame for the expansion. Diane
Herbst indicated that they would like to have the plans in place for expansion within the next two
years. Clint Herbst indicated that the Library Board felt the Marquette Bank was a more valuable site
than the existing library site and that the Marquette site would be a good interim solution.
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There was Council discussion on enclosing the canopy and what that would add to the building for
area. Fred Patch indicated that enclosing the canopy would add over 2,000 sq. ft. to the building.
The Library Board would like the feasibility study done before the canopy is enclosed so they can
determine whether it is feasible to expand at this site. Brian Stumpf agreed that the feasibility study
should be done as soon as possible so that long term planning could be done for library needs.
CLINT HERBST MOVED TO ACCEPT THE RECOMMENDATIONS OF THE LIBRARY
BOARD AS NOTED IN THE MINUTES OF THE JUNE 18, 2002 BOARD MEETING
INCLUDING AUTHORIZING A FEASIBILITY STUDY AND TO AUTHORIZE THE CITY
ADMINISTRATOR TO CONTINUE NEGOTIATIONS WITH WELLS FARGO REGARDING
THE EXCHANGE. ROGER BELSAAS SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
12. Senator Mark Ourada - Brief update on legislative session.
Senator Mark Ourada spoke to the Council about action taken in the past legislative session and
what issues he sees as major items in the upcoming session. He felt the budget deficit would be the
major concern and that cities could expect less in the way of state aids. He also felt transportation
issues and education are other major items to be dealt with. He also noted that with 70 of 201
legislators not running again as well as the governor not seeking reelection, a number of issues which
were narrowly defeated in the past session could come back at the next session and the result could
be different.
The Council discussed with Senator Ourada budget issues and transportation concerns such as the
light rail and the North Star Corridor. Questions were raised about additional changes to property
tax rates for utilities and changes in authority for state planning agency and municipal boundary
adjustment board.
13. Consideration of a request for a conditional use permit granting concept stage planned unit
development approval allowing_a residential development. Applicant: Bruggeman Homes.
City Planner, Steve Grittman provided background information on this item. The proposal covers a
94 acre parcel at the southeast boundary of the City. It is a proposed residential development of 281
units of single family homes and one and two story townhomes. Steve Grittman noted the areas of
delineated wetlands and open space. There is an approximate 6 acre parcel proposed for park along
with the other 25 acres of open space. He noted that the Parks Commission had concerns about the
location of the trails and the presence of easements in the park area. He also added the City Engineer
was doing additional study to determine whether there was capacity in the utility system to provide
service to this area. Clint Herbst questioned whether MnDOT wouldn't be taking a portion of this
area for their alignment of I-94 and Steve Grittman indicated they would. Clint Herbst felt it would
be inappropriate for the Council to approve any concept plan because of the changes in the I-94
alignment and also the County Road 18 interchange was proposed to take place within the next
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couple of years. Some concern was expressed about the remaining residential area adjacent to the
freeway and the need for buffering between the residences and the freeway.
MnDOT has discussed at least three concepts for the freeway in this area and all of the concepts
would take a portion of the land involved in this proposal. Regardless of the option MnDOT selects
the proposal which the developer submitted now will be drastically different and that is why the
Council questioned approving a concept plan when they know it will be changed dramatically. In
addition since the Parks Commission had concerns about the wetlands and the utility easements
running through the area designated as park land, it was suggested that may be cash in lieu of land be
considered for this development.
Mike Gair, the developer's engineer, addressed the Council regarding the lay out of the proposed
development. He noted that they had recently been made aware of the third concept plan for the
alignment of I-94. He is also working with Charlie Pfeffer and Shawn Weinand on the County Road
18 interchange. The third MnDOT concept plan would take approximately 29 acres of the proposed
development. This would result in 24 single level townhomes instead of the 47 initially proposed and
104 instead of 184 two story townhomes resulting in a reduction from 281 units to 178 units. In the
proposed development he pointed out that over 14 acres of wetland had been delineated. Physical
characteristics of the land and the location of utility easements dictated the open space. Approximately
1/3 of the development area has been set aside for common space, wetlands, private and public use.
The different residential uses are separated and the driveways will be entering onto interior streets and
not onto 95`x' Street. Mike Gair also reviewed other issues such as servicing the property with utilities.
Mike Gair was asking that the Council approve the concept plan so that they could continue to move
forward on 1) Working with MnDOT in the decision making process for the freeway alignment; 2)
Annexation of the property into the City limits; 3) Completion of the comprehensive plan amendments;
and 4) Completion of the utility studies.
Earl Smith felt the green space is nebulous as property owners all have a different interpretation of
what that is with some feeling it should be mowed while others feel it should be left in a natural state.
Earl Smith stated this plan is suppose to be coming back to the Parks Commission. Roger Carlson
noted that the townhomes abut the green space and felt that there would be a homeowner's
association that would be responsible for owning and maintaining the green space. Mike Gair
indicated that if the Parks Commission did not accept the 6 acre park proposed it is likely that the
residential development would be extended into this area. There is a trail from Gillard Avenue
coming into the proposed development. It was pointed out that if the green space is owned and
maintained by the homeowner's association then you would have the situation where a public trail
would be coming into private property.
The general feeling of the Council was that approval of this concept plan was premature since it was
not sure how the layout of the freeway would impact the development but it was certain to be
impacted by any of the layouts that MnDOT is considering. While the Council did not raise concerns
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about the density or land use, they questioned the value of approving a concept plan which everyone
knew would be changed dramatically from what was proposed. Mike Gair asked that the developer
be allowed to continue working on the issues with the township, Parks Commission and MnDOT.
The Council indicated that they had no problem with the developer continuing working with the
various entities noted. City Engineer, Bret Weiss, suggested that in order to assist the developer with
moving MnDOT along in their decision process a statement that the Council recommends that the
development move forward might provide somewhat of an impetus for MnDOT to proceed in making
a decision on the alignment of the freeway. Although the Council was reluctant to approve the
concept plan because it is unknown how much the development would be impacted by the freeway
alignment, the Council did feel a generalized approval of the concept of residential development taking
place in this area and support of continued efforts to work with the City commissions and MnDOT
was appropriate.
BRUCE THIELEN MOVED TO APPROVE THE GENERAL CONCEPT PLAN FOR
RESIDENTIAL DEVELOPMENT IN THIS AREA CONTINGENT UPON THE DEVELOPER
CONTINUING TO WORK WITH MNDOT AND OTHER ENTITIES ON THE
DEVELOPMENT AND BRINGING BACK A REVISED CONCEPT PLAN. ROGER
CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
14. WITHDRAWN FROM THE AGENDA.
Added Items:
Public Works Director, John Simola presented a preliminary sketch of entrance signs for the City of
Monticello which uses some of the material from the old bridge. John Simola was requesting authorization to
erect a temporary mock up of the sign to be placed on City right of way at West River Street and CSAH 75
near the entrance to the Xcel Energy ballfields. John Simola informed the Council that four signs are being
proposed one for each entrance into the City. The temporary sign will be erected so that there is an
opportunity to get feedback and comment before any permanent signs are erected. Roger Belsaas noted that
there were some funds designated by various organizations for the entrance signs. The Council directed that
the temporary sign be placed at that location.
Clint Herbst brought up the landscaping requirements for developments. He felt there should be an inspection
of the landscape materials to verify that they are healthy species and also leverage to make sure the
developers replace the vegetation that dies. Bruce Thielen also suggested that whoever was responsible for
maintaining the plantings in the islands at entrances to the various developments should be required to do so.
He also noted that the trees planted between Bondhus and the middle school should also be looked at.
Rick Wolfsteller updated the Council on the plans for the liquor store celebration of their expanded store
which is being done in conjunction with the River Fest celebration.
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15. Approve payment of bills for June.
CLINT HERBST MOVED TO APPROVE PAYMENT OF BILLS FOR JUNE. BRUCE
THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
16. Adjourn.
BRIAN STUMPF MOVED TO ADJOURN AT 9:20 P.M. CLINT HERBST SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
Recording Secretary