City Council Minutes 10-12-1998MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, October 12, 1998 - '1 p.rn.
Members Present: Bill Fair, Clint Herbst, Brian Stumpf, Roger Carlson, Bruce Thielen
Members Absent: None
2. A. A royal f minutes of th s ecial meetin held Se t tuber 28 1998
A MOTION WAS MADE BY CL1NT HERBST AND SECONDED BY BRUCE
THIELEN TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD
SEPTEMBER 28, 1998, AS WRITTEN. Motion carried unanimously.
B. A r val of minutes f the re ular meetin held S tember 28 1998.
A MOTION WAS MADE BY GLINT HERBST AND SECONDED BY BRIAN
STUMPF TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD
SEPTEMBER 28, 1998, AS WRITTEN. Motion carried unanimously.
Consideration of a din items to he a enda.
A. C nsideration of ov rla in old arkin lot at fire hall.
Public Works Director John Simola reported that the old parking lot at the fire
hall is in need of repair and requested Council consideration of using a change
order to add overlaying of the lot to Project 98-09C, Fire Hall Driveway and
Forking Lot Improvements. The cost of the overlay was estimated at $2,300 to
$2,700.
A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY GLINT
HERBST TO APPROVE THE ADDI'T'ION OF OVERLAYING THE OLD PARKING
LOT AT THE FIRE HALL TO PROJECT 98-09C. Motion carried unanimously.
4. Citizens comments/ titions re u is and com 1 ints.
None.
Consent a enda.
Councilmember Clint Herbst requested that item SC be removed from the consent agenda
for discussion.
Deputy City Administrator Jeff O'Neill clarified that the River Forest development
agreement to be approved in item SD had been changed slightly to identify that
Residential Development, Inc., is responsible for grading, tree installation, and trunk fees
for the River Mi114th Addition lots.
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Council Minutes - 10/12/98
A. Consideration of resolution declarin intent t reimburse certain ex enditures
from bond proceeds for var u~provement projects. Recommendation:
Adopt a resolution declaring intent to reimburse expenditures to the proceeds of a
bond covering Projects 98-O1C, 98-12C, 96-04C, 98-09C, 98-23C, and 98-24C.
SEE RESOLUTION 98-43.
B. Consideration of calling far a t~ublic hearing on vacating right-of wav and
roadwa easements at '/ Street between Walnut and l..,inn Streets and Locust
Street between 6th and S '/z Streets. Recommendation: Call for a public hearing
on November 9, 1998, on vacating right-ot=way and roadway easements at 5 '/z
Street between Walnut and Linn Streets and Locust Street between 6th and S '/Z
Streets in conjunction with development of the community center.
C. Consider tion of ado tin a resol ti n establishin a ne ative declar ion of
environmental im act--Gold Nu et Develo ment. Removed from the consent
agenda for discussion.
D. Considerati n of a royal of the final lat and develo ment a reement f r the
River F rest residential subdivision. Recommendation: Motian to approve the
final plat and development agreement governing the River Forest residential
subdivision contingent on review by the City F,ngineer and vacation of easements
on the perimeter of the original Sandberg East plat.
E. Consideration of a conditional use ermit for a PUD lanned unit develo ment
allowin two arcels to b treated as a sin le residential ar el. A licant
Beverl J. Abraham on. Recommendation: Approve the conditional use permit
for a planned unit development subject to the deed restriction, based on a finding
that there is a filing problem at Wright County and no physical problem with the
property or administrative concerns with the City.
F. Consideration of an avnlication for renewal of an interim use Hermit a.llowint; a
public school use in an I-1 zone. Applicant, Monticello Public Schools.
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 following conditions:
The interim use permit will expire on August 31, 1999. Extension
of the use of the subject property for public school use beyond the
termination date may only be allowed by reapplication to the City.
2. The District agrees to expand the parking area at the direction of
the City. The City will direct expanded parking based on its
observation of parking demand which may cause the use of non-
street parking at any time.
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Council Minutes - 10/12/98
3. The use of the subject property will be during normal school hours
only.
4. "I'he 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.
Recommendation is based on the finding that the proposed use will not interfere
with the City's long-range objectives to encourage industrial development in the
area.
G. Consideration of authorizin Cit En ineer to re are traffic stud f r 7th treet
intersection at Highway 25. Recommendation: Authorize the City Engineer to
prepare a traffic study for the 7th Street/Highway 25 intersection at an estimated
cost of $3,250.
H. Consideration of resolution accepting bids and. awarding contract for extension of
utilities to the Wildwood Ridge plat, Rolling Woods plat. and Hermes pronertX.
Recommendation: Adopt a resolution accepting bids and award the contract to
C.W. Houle, Inc., using Bid Alternate No. 1, in the amount of $111,899.
SEE RESOLUTION 98-45.
A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO
APPROVE ITEMS SA, SB, SD, SE, SF, SG, AND SH OF THE CONSENT AGENDA AS
RECOMMENDED. Motion carried unanimously.
6. Consideration of items removed from the consent agenda for discussion.
SC. Consideration of adontina a resolution establishine a negative declaration of
environmental impact--Gold Nugget Development.
The last step in the Environmental Assessment Worksheet process is for the
Council to establish a negative declaration of environmental impact, which would
eliminate the need to prepare an Environmental Impact Statement. However,
Councilmember Clint Herbst expressed concern about the project moving forward
since the Orderly Annexation Board has not yet decided the land use designation
for this area.
Deputy City Administrator Jeff O'Neill noted that the developers need to be
notified that the zoning designation for this area may change. Mayor Fair added
that he will be asking the City Planner to forward an agenda item to the OAA
Board since they requested information on this parcel.
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Council Minutes - 10/12/98
AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND
SECONDED BY ROGER CARLSON TO ADOPT A RESOLUTION ESTABLISHING
A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT RESULTING
FROM THE GOLD NUGGET DEVELOPMENT. MOTION INCLUDES
PREPARATION OF A SANITARY SEWER STUDY IDENTIFYING UPGRADE
COSTS AND FEE PROGRAM NECESSARY ~'O SUPPORT ULTIMATE
DEVELOPMENT OF THE SITE AND ADJOINING AREAS. Motion carried
unanimously. SEE RESOLUTION 98-44.
7. Consideration of a re nest for an amen ment to the PZM Zonin District or i the
alternative an amen meat to the zonin m B-3 from PZM allow restaurant use.
Annlicant. MMC Land ComnanX.
Deputy City Administrator Jeff O'Neill reported that MMC Land Company requested an
amendment to the PZM district ar rezoning of the property at the intersection of County
Roads 75 and 39 from PZM to B-3 in order to allow a restaurant use. Council previously
tabled action on the request and returned the item to the Planning Commission due to an
error in the notification process. Planning Commission received considerable input from
the neighborhood and recommended denial of the request to rezone the property to B-3
but took no action on amending the PZM district to allow a restaurant use; however, at a
special Planning Commission meeting held previous to this Council meeting, it was
suggested that Council might want to consider amending the PZM district.
Mr. Jim Coen, representing MMC Land Company, stated that their primary interest is
development of a restaurant at this location due to a high traffic volume and do not plan
to develop a truck stop or auto repair/lube shop.
AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY
CLINT HERBST TO APPROVE AN ORDINANCE AMENDMENT AMENDING THE PZM
DISTRICT LANGUAGE TO INCLUDE RESTAURANT USE AS A CONDITIONAL USE
BASED ON THE FINDING THAT RESTAURANTS ARE COMFATIBLE WITH OTHER
PZM USES. Motion carried unanimously. SEE ORDINANCE AMENDMENT NO. 318.
$. Consideration of a request for final PUD approval for t. Benedicts C nter. Applicant
JSSH Architects.
Deputy City Administrator Jeff O'Neill reported that the final FUD for St. Benedicts
Center was presented for Planning Commission review at a special meeting held just
prior to the Council meeting. Planning Commission recommended approval of the final
PUD subject to conditions, which were reviewed by the Deputy City Administrator
A MOTION WAS MADE BY ROGER CARLSON AND SECONDED BY CLINT HERBST TO
APPROVE THE FINAL PUD FOR ST. BENEDICTS CENTER SUBJECT'f0 THE
FOLLOWING CONDITIONS:
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Council Minutes - 10/12/98
1. THE DEVELOPMENT SHOULD COMPLY WITH MINIMUM FLOOR AREA
AND PERCENT OF EFFICIENCY APARTMENTS, BUT WAIVING THE
TWO UNITS WHICH WOULD PLACE THE PROJECT IN EXCESS OF THE
20% REQUIREMENT ON EFFICIENCY UNITS.
2. PARKING SPACE DIMENSIONS SHOULD BE A MINIMUM OF 9 X 20
FEET.
3. THE APPLICANT SHOULD SUBMIT EMPLOYMENT LEVELS FOR THE
TWO FACILITIES.
4. CURB AND GUTTER SHOULD BE PROVIDED ALONG ALL DRIVES,
EXCEPT THAT THIS REQUIREMENT WILL BE WAIVED ON THE NORTH
DRIVE (SERVICE DRIVE).
5. SUBMISSION AND APPROVAL OF A LANDSCAPE PLAN IS REQUIRED,
AND STAFF IS DIRECTED TO REVIEW THE LANDSCAPING FOR THE
BUFFER ALONG THE EAST LINE.
6. GRADING, DRAINAGE, AND UTILITY PLANS ARE SUBJEC'T' TO THE
CITY ENGINEER'S APPROVAL.
7. SUBMISSION OF AN EXTERIOR LIGHTING PLAN AND FENCE DETAIL
ARE REQUIRED.
8. SIGN DETAILS ARE REQUIRED AND MUST COMPLY WITH CITY
STANDARDS, AND STAFF IS DIRECTED "T'O REVIEW THE SIGNS IN
MORE DETAIL TO ASSURE COMPLIANCE WITH THE CITY'S
ORDINANCE.
9. THE LOCATION OF TRASH HANDLING SHOULD BE NOTED ON THE
SITE PLAN IN ORDER TO REVIEW HOW TRUCKS WILL BE
MANEUVERING ON THE SITE FOR TRASH COLLECTION.
10. SINCE THERE WOULD BE A MINIMUM NUMBER OF SEMI-TRUCKS
COMING INTO THE SERVICE AREA, THE ACCESS AND TURN-AROUND
AREA PROPOSED IS SUFFICIENT.
11. THE DIFFERENCES RELATING TO THE PROPOSED MATERIALS FOR
U5E ON THE PATHWAYS IS TO BE RESOLVED BY CITY STAFF AND
THE APPLICANT; HOWEVER, HARD-SURFACED MATERIAL SHOULD
BE APPLIED TO ALL WALKWAY AREAS.
Motion is based on the finding that the proposed final plan, with conditions, is consistent
with the concept plan previously approved and is consistent with the City's zoning
ordinance. Motion carried unanimously.
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Council Minutes - 10/12/98
9. Consideration of adopting a resolutian a~rovin fg_man._._ce plan and request of HRA to call
for sale of bonds. AND
10. Consideration of a resolution authorizin the ale of 1998 G.O. Im rovem nt Bond and
1998 G.O. Refundin Bg onds.
Rusty Fifield of Ehlers & Associates reported that a slight modification had been made to
the finance plan for the community center band in that the revised cost estimate far the
bond issuance increased $10,000 from $6,950,000 to $6,960,000. He noted that although
Council is asked to approve the finance plan and request the HRA to call for the sale of
the lease revenue bonds at this time, there would still be an opportunity to modify the
finance plan following the construction bid opening on October 29.
In addition to the lease revenue bands for the community center, Council was also asked
to approve issuing general obligation improvement bonds for a series of public
improvement projects and refunding bonds far the outstanding 1988B water band issue.
Issuing the refunding bands would result in a total savings of $26,700.
Council discussed whether the lease revenue bonds should be issued at this time or after
the community center bid opening on October 29. Mr. Fifield explained that interest
rates are the lowest since 1978, and delaying the bond issue could result in a higher rate
than anticipated. If the bonds are authorized at this time, they would be issued on
November 9 and the interest rate would be locked at that time. However, if the
construction bids are out of line, distribution of the official statement could be delayed,
and the Council could discuss their options at the special Council meeting scheduled for
November 2.
Councilmember Herbst asked what would happen if a future Council voted not to renew
the City's 20-year lease agreement since it was required that it be approved on a year-by-
year basis.
Mr. Fifield explained that the agreement is defined by State Statutes as an annually-
appropriated lease, and each year the Council must make a decision to appropriate money
to pay back the lease. If the Council would choose not to appropriate the money, there
would be a series of consequences, including recourse by investors and impaired ability
or increased cast to borrow money in the future.
AFTER FURTHER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND
SECONDED BY CLINT HERBST TO TABLE ACTION ON THE ISSUANCE OF THE
BONDS UNTIL THE NOVEMBER 2, 1998, COUNCIL MEETING AFTER THE
CONSTRUCTION BIDS HAVE BEEN REVIEWED. Voting in favor: Brian Stumpf, Clint
Herbst. Opposed: Bruce Thielen, Bill Fair, Roger Carlson. Motion failed.
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Council Minutes - 10/12/98
A MOTION WAS MADE BY ROGER CARLSON AND SECONDED BY BRUCE THIELEN
TO ADOPT A RESOLUTION APPROVING THE COMMUNITY CENTER FINANCE PLAN,
REQUESTING THE HRA TO CALL FOR THE SALE OF BONDS, AUTHORIZING THE
SALE OF $3 MILLION IN G.O. IMPROVEMENT BONDS FOR VARIOUS AROJECTS, AND
AUTHORIZING THE REFINANCING OF THE 1988B WATER BOND ISSUE. Voting in
favor: Bruce Thielen, Bill Fair, Roger Carlson. Opposed: Brian Stumpf, Clint Herbst.
Mahon carried. SEE RESOLUTION 98-46.
11. Consideration of new develo ment reement with K'ellber s Inc. for the sanita sewer
hooku of K~ellber West Mobile Hom Park.
Additional information regarding the development agreement with Kjellbergs, Inc., was
distributed by staff and Mr. Kent Kjellberg.
A MOTION WAS MADE BY BILL FAIR TO TABLE ACTION ON THE DEVELOPMENT
AGREEMENT WITH KJELLBERGS, INC., UNTIL THE NEXT COUNCIL MEETING TO
ALLOW ALL PARTIES TO REVIEW THE ADDITIONAL INFORMATION.
Councilmernber Bruce Thielen noted that he would also like to obtain an official position
from the Pollution Control Agency on this issue. Motion was seconded by Clint Herbst
and carried unanimously.
12. Con. ideration of a rovin a counteroffer for urchase of vacant land adjacent to ublic
works facility.
City Administrator Rick Wolfsteller reported that at the previous meeting, Council
authorized submitting a purchase offer of $45,000 fox a 1-acre parcel of vacant land
adjacent to City-owned property on West County Road 39. The owners indicated they
would sell the property for $55,000; however, after further discussions with the City
Administrator, the owners indicated they would be willing to accept $50,000 for the
property.
A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER CARLSON
TO AUTHORIZE STAFF TO COMPLETE THE PURCHASE OF THE 1-AC.R.E PARCEL AT
THE NEGOTIATED PRICE OF $50,000. Motion carried unanimously.
13. Consideration of establishing minimum standards for issuance of future on-sale liquor
licenses.
City Administrator Rick Wolfsteller reported that at the upcoming November General
Election, a question will be on the ballot asking the voters to approve allowing the
issuance of up to six additional on-sale liquor licenses to establishments such as bowling
alleys, hotels, or restaurants. It is currently up to the local governments to establish
specific requirements for minimum standards of a restaurant eligible far a liquor license.
The current city ordinance indicates that no on-sale license will be granted to any person
who does not have invested a minimum of $200,000 in the fixtures and structure of the
proposed on-sale establishment, exclusive of land. The City Administrator proposed that
Council consider establishing additional criteria to further define the definition of a
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Council Minutes - 10/12/9$
restaurant as having a minimum seating capacity of 50 people, afull-service menu and a
commercial kitchen license by the Health Department, and all food must be served on
non-paper plates with silverware.
Council discussed whether it would be appropriate to reserve a specific number of the
additional liquor licenses for the CCD District since the downtown redevelopment plan
initiated the additional liquor license question.
AFTER DISCUSSION, A MOTION WAS MADE BY GLINT HERBST AND SECONDED BY
BRUCE THIELEN TO TABLE ACTION ON THE ORDINANCE AMENDMEN'T'
ESTABLISHING MINIMUM STANDARDS FOR ISSUANCE OF FUTURE ON-SALE
L[QUOR LICENSES PENDING FURTHER RESEARCH. Motion carried unanimously.
14. Consideration of bills for the first half of October 1998.
A MOTION WAS MADE BY BRIAN STLJMPF AND SECONDED BY BRUCE THIELEN TO
APPROVE THE BILLS FOR THE FIRST HALF OF OCTOBER 1998 AS PRESENTED.
Motion carried unanimously.
A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO
ADJOURN. Motion carried unanimously.
Kare oty
Deputy City Clerk
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