City Council Minutes 03-25-2002MINUTES
REGULAR MEETING- MONTICELLO CITY COUNCIL
Monday, March 25, 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 March 11, 2002 regular council meeting.
ROGER CARLSON MOVED TO APPROVE THE MINUTES OF THE MARCH 11, 2002
REGULAR COUNCIL MEETING. CLINT HERBST SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
3. Consideration of adding items to the agenda.
Public Works Director, John Simola added discussion of Junk Amnesty Day and fee increases
to cover disposal costs to the agenda. Roger Carlson added an update on the Parks Commission
discussion of the ATV ordinance. Rick Wolfsteller had additional information about the Vine Street
Project which was included with agenda item 47.
4. Citizen comments/petitions, requests and complaints.
None.
5. Consent Agenda
A. Consideration of ratifying new hire for Water Department position. Recommendation:
Ratify the hiring of Daniel Jones for position of Water/Sewer Collection operator and to re-
advertize to fill the second vacancy in the department.
B. Consideration of approving a temporary on -sale liquor license for Ducks Unlimited Banquet
and Riverfest. Applicant: Monticello Lions Club Recommendation: Approve the
issuance of a temporary on sale liquor license for Riverfest and the Ducks Unlimited
Banquet and a set up license for the Ducks Unlimited Banquet.
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C. Consideration of appointment to Advisory Committee for TH 25 expansion from Buffalo to
Monticello. Recommendation: Appoint a representative to serve on the TH 25 Advisory
Committee.
D. Consideration of extending time frame for approving residential design standards to
April 8, 2002. Recommendation: Approve extending time frame for residential design
standards to April 8, 2002.
E. Consideration of establishing Senior Housing as a conditional use in a PS District
(Public/Semi Public District) Recommendation: Amend zoning ordinance to add Senior
Housing and associated conditions to the list of conditional uses in the P/S District based on
the finding that establishment of this use and associated conditions is consistent with the
character and neighborhoods adjacent to P/S Districts. Ord Amd 4371.
F. Consideration of approving concept stage, development stage planned unit development;
and consideration of approval of a conditional use permit allowing an auto body facility and
associated storage. Applicant: Progressive Development and Construction
Company/Shawn Weinand. Recommendation: Approve the concept and development
stage PUD subject to the following conditions:
1. A two-way circulation route be provided in the parking area west of the Lot 1 building
2. Plantings be added at the perimeter of the proposed Lot I building.
3. Cross parking and access easeirents are established and recorded with Lot 1. Block I
to serve fixture Outlot B development.
4. All off-street parking supply requirements of the Ordinance are satisfied ineludin�.1
parking associated with future development upon Outlot B.
5. Trash handling and recycling equipment shall be stored within or attached to the
principal buildings.
6. Site lighting shall be subject to review and approval by the Building Official who will
certify that lights have been installed and perform according to the lighting plan. Such
certification shall occur prior to a certificate of occupancy being issued.
7. Outside storage at the location identified shall be allowed with proper landscaping and
screening.
8. Applicable signage requirements of the Ordinance are satisfied.
9. A license is issued to allow the encroachment of an off street parking area within the
Marvin Road right-of-way.
10. The City Engineer provide comment and recommendation in regard to access,
grading, drainage and utility issues.
11. Buildi:'g area summaries for Lot 1 provided on the site plan are revised to be
consistent.
12. The applicant receive permission from nearby property owners regarding the proposed
use of Marvin Road. This permission to come fi-om those property owners that have
property that has access only from Marvin road.
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The above proposal is consistent with the Comprehensive Plan, is compatible with existing
land uses in the area, satisfies the provisions of the Zoning Ordinance and is consistent with
the City's use of Planned Unit Development.
G. Consideration of granting a license to LSW Properties allowing private use of the Marvin
Road right-of-way. Recommendation: Grant approval of license agreement allowing
private use of Marvin Road subject to completion of conditions noted by the City Attorney
as follows:
1. The license area agreement should be described via a specific legal description.
2. Exhibit B should be placed into final form.
3. Adjoining property owners with lots that only have access via Marvin Road should
be on record as supporting the License Agreement.
H. Consideration of authorizing purchase of Joint Fire Department utility truck.
Recommendation: Authorize the Joint Fire Board to proceed with purchasing replacement
truck and equipment for the mini pumper at a cost not to exceed $44,094.30.
I. Consideration of change to Riverside Cemetery Rules and Regulations regarding the
thickness of flat markers. Recommendation: Approve a change in Section 9.3 of the
Cemetery Rules and Regulations specifying a minimum thickness for markers of 4".
Mayor Belsaas pulled item #5C for discussion. Fred Patch noted that items 5F and 5G should be
pulled at the request of the developer and tabled.
BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH ITEMS 5C, 5F
AND 5G REMOVED FROM THE CONSENT AGENDA. CLINT HERBST SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
BRIAN STUMPF MOVED TO TABLE ITEMS 5F AND 5G. CLINT HERBST SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
6. Consideration of items removed from the consent agenda for discussion.
Item 5C is a request from the Minnesota Department of Transportation to have an elected official
appointed to serve on the TH 25 Advisory Committee. After discussion, Bruce Thielen offered to
serve on the committee and Clint Herbst indicated he would be an alternate if Bruce Thielen could
not make the meetings.
ROGER CARLSON MOVED TO APPROVE ITEM 5C WITH BRUCE THIELEN SERVING
ON THE TH 25 ADVISORY COMMITTEE. BRIAN STUMPF SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
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Because of the high costs for disposal, Public Works Director, John Simola brought up for
discussion a change in the fees charged for disposal of items on Junk Amnesty Day. Currently the
City does not charge for the first 3 appliances. They would like to change this and charge a $5
minimum for the first 3 appliances. Computers are an item that is difficult to dispose of. It is
proposed to charge $5/per unit (hardrive, monitor, printer) to defray the cost of transporting them to
the county for disposal. It is also proposed to put a $5 charge on television sets and to charge the
same for disposal of chairs, sofas, mattresses. Roger Belsaas asked whether they would be
charging $5 on the first three items and then $15 on all items after that or whether they charge actual
cost after the third item.
CLINT HERBST MOVED TO APPROVE A NEW FEE SCHEDULE AS OUTLINED BY
PUBLIC WORKS DIRECTOR, JOHN SIMOLA FOR DISPOSAL COSTS FOR ITEMS
COLLECTED ON JUNK AMNESTY DAY. BRUCE THIELEN SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
7. Consideration of development stage planned unit development and preliminary plat for
Vine Place Townhomes. Applicant: Front Porch Associates/Mike C
Building Official, Fred Patch provided the background for the agenda item and updated the Council
on the action taken by the Planning Commission at their special meeting on this item on March 25,
( 2002 at 6 p.m. Fred Patch stated that concerns regarding the private street access and width,
building separation, alley width and setbacks had been resolved. He indicated that one issue that
came up at the special meeting was a sharp curve in the alignment of the alley and whether that
would impact a number of units. The developer indicated that he would be willing to look at
realigning the alley to reduce the sharpness of the curve.
The issue of the right-of-way of Vine Street was discussed. Randy Ruff feels he has ownership
rights to half the Vine Street right-of-way. The 6,900 square feet of right-of-way is needed for the
development so the right-of-way issue needs to be resolved before the development can proceed.
The Planning Commission approved alternative #1 with contingencies A, B and C and added D
which stated the City of Monticello will sell to the developer that portion of Vine Street right-of-way
extending south of West 6t" Street within the defined project area.
Clint Herbst asked about the private drive and whether the City should be concerned about snow
storage. Mike Cyr indicated that it was their intent to blow the snow into the yards. Snow
removal would be the responsibility of the homeowner's association. Roger Belsaas asked whether
staff would have an opportunity to review and comment on the association by-laws and
development covenants. Fred Patch indicated that the City gets a copy but they are not involved in
reviewing them. There was a brief discussion on problems with covenants changing before the
development was fully developed.
John Simola noted that the setbacks from 6 '/2 th Street which is a public street do not conform to
the ordinance. Mike Cyr questioned why this issue came up now when it had not been brought up
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during staff discussions over the past six months. Fred Patch concurred that this was not addressed
by staff. John Simola felt that if the setback requirements applied to other projects, it should apply
here as well. Mike Cyr felt since they were putting traffic on private roads the setback requirements
were not as important.
Rick Wolfsteller brought up the Vine Street right-of-way and the City Attorney's recommendation
that the City should not offer a guarantee as to good title. It is likely to take a couple of months to
get this issue resolved going through the legal process. Mike Cyr reviewed the history of this
development project. He noted that the right-of-way encroachment by Ruff Auto is a major
concern to him . He is unable to get title insurance and for that reason he asking that the City
guarantee to clear up all issues in order to get good title. Clint Herbst stated that while he could
understand Mike Cyr's frustration, the City concurred with the recommendation of the City
Attorney.
Fred Patch noted that the sale of the right-of-way to the developer should be transacted prior to
approval of the planned unit development and the preliminary plat. Randy Ruff spoke stating he had
not yet seen a survey of the area of the encroachment which he has requested. He indicated that he
cannot determine what has to be done until he knows the area of the encroachment. Mike Cyr
indicated that for a length of 200 feet it is on the average 34 feet beyond where it should be. There
was discussion on the number of vehicles that would have to be moved from the area of
encroachment. Brian Stumpf asked that if there was some compensation set by negotiations
between Randy Ruff and Mike Cyr would the City contribute to it. Bruce Thielen stated he did not
believe the City should be paying someone to vacate property that the City owns. Rick Wolfsteller
pointed out that on Wednesday the HRA would be looking at some alteration to the final finance
plan. Clint Herbst questioned how much support the City should provide to develop what is
essentially bare land. Rick Wolfsteller noted that the right-of-way cost would be lowered
from $83,000 to $75,000 which would be contribution of $8,000 by the City.
Randy Ruff asked about the alignment of 6 '/2 Street. Roger Belsaas indicated that 6 1/Z Street
would be going through to Elm Street although its exact alignment is still to be determined. Randy
Ruff stated in the future his plan is to work off that side of the lot and he didn't want to lose any
property. Bruce Thielen reminded him that he is not losing property since it belongs to the City but
rather that he has had an opportunity to use the property without charge for all these years. Randy
Ruff stated that he has asked for documentation showing that the City owns the land but has not
received anything. It was pointed out that the City is not generally given a deed or abstract
for each piece of right-of-way that they own. Brian Stumpf stated that there was some basis for
where the fence was placed as being the property line. Bruce Thielen noted there are frequent
mistakes on lot line locations. Mayor Belsaas felt that Randy Ruff and Mike Cyr should continue to
work at settling the issues. It was suggested that someone from the City sit down and mediate the
discussion. Mayor Belsaas and Rick Wolfsteller will do so.
BRUCE THIELEN MOVED TO APPROVE THE PRELIMINARY PLAT AND GRANT
DEVELOPMENT STAGE APPROVAL OF THE VINE PLACE TOWNHOME PROJECT
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CONTINGENT UPON THE FOLLOWING:
a. Final review of the landscaping plan by the City Planner
b. Final review of engineer plans by the City Engineer.
C. Final review of the architectural design by the City Planner.
d. The City's sale to the developer of the portion of Vine Street right-of-way lying south of
West 6`' Street within the defined project area.
ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
A tentative meeting between Mike Cyr, Randy Ruff, Roger Belsaas and Rick Wolfsteller was set for
Wednesday afternoon at 1 p.m. at City Hall..
8. Public Hearing - Consideration to approve a resolution adopting the modified
Redevelopment Plan for Central Monticello redevelopment Project No. l; and
establishing within Central Monticello Redevelopment Project No. I TIF District No. 1-29
and adopting the related TIF Plan therefor.
011ie Koropchak stated that the City is asked to hold the public hearing and adopt the resolution
establishing a housing district for the Vine Place Townhomes. She noted the contingency regarding
the sale of the right-of-way needs to be added to the resolution. 011ie Koropchak summarized what
is required of the City in setting up this district and noted that the TIF districts covers only 18 of the
townhome units. 011ie Koropchak stated the City has met all the statute requirements but added
that the state auditor is looking at the "but for findings" in establishing TIF districts. The selling price
for the units is $169,900. With TIF assistance the rate of return is 8.5 without TIF assistance the
rate of return is 3.5
Mayor Belsaas opened the public hearing. There was no one present who spoke for or against the
proposed development. Mayor Belsaas then closed the public hearing.
BRUCE THIELEN MOVED TO APPROVE A RESOLUTION ADOPTING THE MODIFIED
REDEVELOPMENT PLAN FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT
NO. 1 AND ESTABLISHING WITHIN THE CENTRAL MONTICELLO REDEVELOPMENT
PROJECT NO. 1 TIF DISTRICT NO. 1-29 AND ADOPTING THE RELATED TIF PLAN
THEREFOR CONTINGENT UPON THE CITY OF MONTICELLO SALE TO THE
DEVELOPER OF THAT PORTION OF THE VINE STREET RIGHT-OF-WAY LYING
SOUTH OF WEST 6TH STREET WITHIN THE PROJECT AREA. CLINT HERBST
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
9. Consideration to approve entering into a Contract for Private Development among the
HRA, the City and Front Porch Associates, LTD.
011ie Koropchak summarized this item adding that the City is asked to approve entering into the
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�~ contract because the City agreed to vacate and convey the street right-of-way. On Wednesday
night the HRA is considering total assistance of $220,000 which is $57,000 more than approved
previously because development costs for the project had increased. Initially $58,000 of
right-of-way cost was going to be covered by TIF assistance now all of the right-of-way cost will be
covered. The TIF district is designated for 15 years of assistance even though the life of the
district is 25 years. The contingency on the sale of the right-of-way should be added to the contract
language.
CLINT HERBST MOVED TO APPROVE ENTERING INTO THE CONTRACT FOR
PRIVATE DEVELOPMENT AMONG THE HRA, THE CITY AND FRONT PORCH
ASSOCIATES, LTD CONTINGENT UPON THE CITY'S SALE TO THE DEVELOPER OF
THE PORTION OF VINE STREET RIGHT-OF-WAY LYING SOUTH OF WEST 6T"
STREET WITHIN THE DEFINED PROJECT AREA. BRIAN STUMPF SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
10. Consideration of landscaped medians with the County State Aid High«�ay No. 7-5
improvements.
Landscaping for the medians was discussed. The Council questioned whether any grass was going
to be planted in the medians. Becky Hauschild from WSB stated that the grass was more difficult to
maintain and was more labor intensive because of the mowing. The plantings were designed to be
a weather hardy mixture of trees and shrubs. No irrigation system for the plantings was being
proposed. The Council discussed whether water shouldn't be stubbed to the medians. Becky
Hauschild will check on the cost of running the stubs in. Bruce Thielen stated he would like to see a
two year guarantee on the plantings instead of the one year proposed.
BRUCE THIELEN MOVED TO APPROVE THE LANDSCAPED MEDIANS AS
ILLUSTRATED AND AUTHORIZE WSB & ASSOCIATES INC. AND NORTHWEST
ASSOCIATED CONSULTANTS TO PROCEED WITH THE FINAL DESIGN WITH THE
ADDITION OF INSTALLING WATER STUBS AND ADDING A TWO YEAR
GUARANTEE ON THE PLANTINGS. ROGER CARLSON SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
Other Items:
Roger Carlson reported that the ATV ordinance was discussed at the Parks Commission meeting. The
Parks Commission will be setting up a committee to review this. Under the present ordinance ATV's are
not allowed to operate on city trails or right-of-way. The committee will be looking at whether an area
should be designated for their use. Brian Stumpf indicated that he would be willing to serve on the
committee as a representative from the Police Commission.
Clint Herbst brought up a memo received from Tom Salkowski the Administrator for the MOAA Board.
The Council discussed the upcoming rezoning request by Gary Schluender to zone the property to
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commercial. The City's comprehensive plan shows this area as open space and residential. The question
was whether the City wanted representation on these matters. It is the Council's position that the MOAA is
not a valid entity and the City is not a participant. Brian Stumpf stated that if any of the Council members
wished to attend the meeting they could do so as a private citizen but they would not be representing the City
Council. Bruce Thielen moved that there be no representation at the MOAA Board meeting. Roger
Belsaas stated that a motion was not required but only that response should be given to issues raised in the
memo.
11. Approve payment of bills for March.
BRUCE THIELEN MOVED TO APPROVE PAYMENT OF THE BILLS FOR MARCH.
ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
12. Adjourn.
BRUCE THIELEN MOVED TO ADJOURN AT 8:40 P.M. CLINT HERBST SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
Recording Secretary
H