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City Council Minutes 09-22-2008Council Agenda: 9/22/08 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday September 22 2008 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski. Members Absent: None 1. Call to Order and Pledge of Allegiance Mayor Herbst called the meeting to order at 7:05 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2A. Approve minutes of September 8, 2008 Special Meeting -Budget. SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 8, 2008 SPECIAL MEETING RELATING TO THE 2009 BUDGET. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 2B. Approve minutes of September 8, 2008 Regular Meeting. Tom Perrault clarified on the add on item about the crosswalk on School Boulevard that the individual appreciated the fact that the City had put the information out that it is state law that vehicles stop for pedestrians in the crosswalk although the individual still had concerns about the speed of traffic on School Boulevard and the safety of pedestrians. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 8, 2008 REGULAR MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Brian Stumpf requested that item #10 on the regular agenda be moved to the consent agenda with the date for Liquor Store Manager interviews set for Tuesday September 30, 2008 at 5 p.m. 4. Citizen comments, petitions, requests and concerns. None. 5. Consent Agenda: A. Consideration of ratifying hires and departures MCC, Liquor and Engineering. Recommendation: Ratify the hires and departures as identified. B. Consideration of accepting improvements and authorizing final payment for Monticello Business Center (Otter Creek Industrial Park) Grading and Drainage Council Agenda: 9/22/08 Project, City Project No. 2006-18C. Recommendation: Accept the improvement and authorize final payment for the Monticello Business Center (Otter Creek Industrial Park) Grading and Drainage Project, City Project No. 2006-18C. Res. #2008-75. C. Consideration of approving a request for amendment to a conditional use permit for a Planned Unit Development for an expansion of services for a Senior Housing Project in a Performance Zone Mixed (PZM) District. Application: Presbyterian Homes/Mississippi Shores. Recommendation: Amend the conditional use permit for the expansion of Mississippi Shores based on a finding that the proposed addition is consistent with all zoning regulations of the applicable B-3 and PZM Districts. D. Consideration of approving a request for a Conditional Use Permit for a drive-through facility, joint parking and joint access, final plat and development agreement for Riverview Square Second Addition. Applicant: Broadway Market Investors, LLC. Recommendation: Approve the request for a conditional use permit to allow a bank in the Performance Zone Mixed District (PZM), a conditional use permit for adrive-through lane and final plat and development agreement approval for Riverview Square Second Addition based on a finding that the drive-through lane and proposed use are consistent with the intent of the PZM District and underlying B-3 District as well as the requirements of the Broadway Market approval subject to the following conditions: 1) The applicants execute across-parking and access agreement with Broadway Market property owners to ensure proper access and shared parking; and 2) The applicant shall comply with all recommendations of the City Engineer. E. Consideration of approving a request for preliminary and final plat for Monticello Commerce Center Eighth Addition and a request for rezoning from I-lA (Light Industrial) and B-2 (Limited Business) to B-4 (Regional Business). Applicant: I & S Group, Inc. Recommendation: 1) Approve rezoning for Lot 1, Block 1 Monticello Commerce Center 8~' Addition from I1-A, Light Industrial and B-2, Limited Business to B-4, Regional Business based on a finding that the proposed rezoning is consistent with the Comprehensive Plan. 2) Approve the request for preliminary and final plat approval for the plat of Monticello Commerce Center 8~' Addition based on a finding that the proposed plat is consistent with the intent of the B-4 Regional Business subject to the following: 1) Rezoning and plat approvals are considered to be granted upon fee title ownership of the subject site; 2) Internal cross access easements to future development surrounding the Kohl's site must be provided as recommended by the City Engineer. The provision of these accesses may be made as a part of the development agreement; 3) Signage is not a part of preliminary plat approval. The applicant must submit a signage plan as part of a separate review and approval; 4) Submitted landscape plan must be revised to include an additional thirty three (33) overstory trees or equivalent understory plantings; 5) The area adjacent to the loading dock must be landscaped with a layered vegetated screen to run the length including overstory trees, shrubs and perennials; 6) The retaining wall must be a minimum eight (8) feet above finished grade; 7) The developer must provide financial security that guarantees live growth of the plant materials for a two (2) year period from the date of installation; 8) The applicant shall provide a separate trail easement document to encompass the existing trail along the north side of Chelsea Road; 9) The final plat is subject to the review and comment of MnDOT; and 10) The applicant shall comply with 2 Council Agenda: 9/22/08 all recommendations of the City Engineering staff as detailed in the memos of 8/27/08 and 9/9/08. F. Consideration to approve amendments to the EDA Business Subsidy Criteria (Greater Monticello Enterprise Fund). Recommendation: Approve the amended Greater Monticello Enterprise Fund (GMEF) Business Subsidy Criteria. G. Consideration to approve an encroachment agreement for the 4th Street right of way. Recommendation: Approve the encroachment agreement as related to the 4th Street Right of way. H. Consideration of adoption of resolutions for special assessment agreements for Mills Properties, Inc. and M&B of Monticello for the Chelsea Road Reconstruction Project, City Project No. 2006-31C. Recommendation: approve adopting resolutions for special assessment agreements for Mills Properties, Inc. and M&B of Monticello (Suburban Manufacturing) for the Chelsea Road Reconstruction Project. Consideration of adopting a resolution supporting I-94 corridor expansion funding. Recommendation: Adopt a resolution supporting I-94 corridor expansion funding. J. Consideration of granting a decrease to the individual pension for Volunteer Firefighters Relief Association Members. Recommendation: Grant the decrease of benefit level to $3,500 for 2008. K. Selection of date and times for Liquor Store Manager interviews. Recommendation: Schedule Tuesday September 30th beginning at 5 p.m. for conducting second interviews for the position of liquor store manager. Items #SD, #SE, #SF, #SI and #SJ were pulled from the consent agenda. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA CONSISTING OF ITEMS #SA, #SB, #SC, #SG, #SH AND THE ADDITION OF #10 FROM THE REGULAR AGENDA AS #SK. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 6. Consideration of items removed from the consent agenda for discussion. #SD Conditional Use Permit, preliminary and final plat for Riverview Square Second Addition: Clint Herbst pulled this item because of the number of trees that were being required of developments in the business district. Clint Herbst felt there is a difference if the business is located adjacent to a residential district where the trees would be serving as screening between the residential and business uses or if the business is adjacent to other commercial uses. The commercial property needs exposure and the excessive landscaping requirements may reduce the exposure. City Planner, Steve Grittman stated this provision of the ordinance has been applied to all development but if the City wants to look at changing this provision of the ordinance that could be done. Susie Wojchouski concurred that the City went overboard and this requirement should be reduced. 3 Council Agenda: 9/22/08 Clint Herbst felt the City needs to flexibile with this requirement. Brian Stumpf suggested revising this provision of the ordinance. Steve Grittman commented that few developers have complained about complying with this requirement. He did suggest that since other communities have different landscaping/tree requirements staff could look at these and bring this back to Council. CLINT HERBST MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW A BANK IN THE PERFORMANCE ZONE MIXED DISTRICT (PZM), A CONDITIONAL USE PERMIT FOR ADRIVE-THROUGH LANE AND FINAL PLAT AND DEVELOPMENT CONTRACT APPROVAL FOR RIVERVIEW SQUARE SECOND ADDITION BASED ON A FINDING THAT THE DRIVE THROUGH LANE AND PROPOSED USE ARE CONSISTENT WITH THE INTENT OF THE PZM DISTRICT AND UNDERLYING B-3 DISTRICT AS WELL AS THE REQUIREMENTS OF THE BROADWAY MARKET APPROVAL AND SUBJECT TO 1) THE APPLICANTS EXECUTING ACROSS-PARKING AND ACCESS AGREEMENT WITH BROADWAY MARKET PROPERTY OWNERS TO ENSURE PROPER ACCESS AND SHARED PARKING; AND 2) THE APPLICANT SHALL COMPLY WITH ALL RECOMMENDATIONS OF THE CITY ENGINEER. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 #SE Preliminary and Final Plat approval and rezoning for Monticello Commerce Center 8th Addition: The property is located between Chelsea Road and I-94 west of County Road 18. At the present time the east part is zoned B-1 and the west part is zoned I-lA. It is proposed to rezone the property to B-4. Planning Commission discussion focused on design elements of the proposal. The proposed use is a permitted use in the B-4 zoning district. The Planning Commission had other comments concerning the plat and those conditions are listed on Exhibit Z. Charlie Pfeffer spoke to the Council regarding the language in the agreement referenced in Exhibit Z and other staff reports. His concern was that they are mandated into cross access easements. Both the property owner and Kohl's would like the language about cross access easements revised. At this time they are not prepared to sign off on the agreement as it relates to cross access easements. Charlie Pfeffer explained when the Kohl's proposal is approved, they will be coming forward with a planned unit development proposal containing two four-way stop intersections on Chelsea Road for the remaining 12 acre lot. The 12 acre parcel will be split into smaller lots with private drives. He felt #2 on Exhibit Z should read: "Internal cross access easements to future development surrounding the Kohl's site are permissible." City Attorney, Joel Jamnik pointed out that there are documents that also reference this provision and if the Council agrees to the change to #2 in Exhibit Z the other documents would have to be changed to reflect that as well. There was some discussion on the need for the cross easements and why staff felt this was necessary. Charlie Pfeffer stated they had no problem with the three accesses for the Kohl's site but they don't know what will develop west of Kohl's. They don't want to be mandated into a situation without knowing what the results will be. Charlie Pfeffer also questioned if #5 on Exhibit Z which states the area adjacent to the loading dock must be landscaped could be deferred until site plan approval. Steve Grittman noted this provision related to landscaping that would build up the screening by the loading area. Clint Herbst asked if this could be taken out and the landscaping plan be looked at later. Scott Burkus from Kohl's also questioned the wording that the "area adjacent to the loading dock must be 4 Council Agenda: 9/22/08 landscaped." The area adjacent to the loading dock is sidewalk. They would like to negotiate where the landscaping would be located. Steve Grittman stated they could add that the location of the landscaping could be determined at a future date. Lastly Charlie Pfeffer brought up #10 on Exhibit Z and noted if the Council approved the change to item #2 the staff memos referenced would have to be revised to reflect that change. Tom Perrault had questions about striping of accesses and whether there was adequate room for the flow of traffic. WAYNE MAYER MOVED TO APPROVE REZONING FOR LOT 1, BLOCK 1 MONTICELLO COMMERCE CENTER FROM I-lA, LIGHT INDUSTRIAL AND B2, LIMITED BUSINESS TO B-4 REGIONAL BUSINESS BASED ON A FINDING THAT THE PROPOSED REZONING IS CONSISTENT WITH THE COMPREHENSIVE PLAN. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 SUSIE WOJCHOUSKI MOVED TO APPROVE THE PRELIMINARY AND FINAL PLAT FOR MONTICELLO COMMERCE CENTER 8TH ADDITION BASED ON A FINDING THAT THE PROPOSED PLAT IS CONSISTENT WITH THE INTENT OF THE B-4 REGIONAL BUSINESS AND SUBJECT TO THE FOLLOWING CONDITIONS BUT WITH REVISIONS TO #2 RELATING TO CROSS EASEMENTS; #5 ADDING THAT THE LOCATION OF THE LANDSCAPING WILL BE DETERMINED AT A LATER DATE AND #10 THAT THE MEMOS REFERENCED BE REVISED TO REFLECT THE CHANGES MADE IN CONDITIONS #2 AND #5: 1) REZONING AND PLAT APPROVALS ARE CONSIDERED TO BE GRANTED UPON FEE TITLE OWNERSHIP OF THE SUBJECT SITE; 2) INTERNAL CROSS ACCESS EASEMENTS TO FUTURE DEVELOPMENT SURROUNDING THE KOHL'S SITE ARE PERMISSIBLE; 3) SIGNAGE IS NOT A PART OF PRELIMINARY PLAT APPROVAL AND APPLICANT MUST SUBMIT A SIGNAGE PLAN AS PART OF A SEPARATE REVIEW AND APPROVAL; 4) SUBMITTED LANDSCAPE PLAN BE REVISED TO INCLUDE AN ADDITIONAL THIRTY-THREE OVERSTORY TREES OR EQUIVALENT UNDERSTORY PLANTINGS; 5) THE AREA ADJACENT TO THE LOADING DOCK MUST BE LANDSCAPED WITH THE LOCATION OF THE LANDSCAPING TO BE DETERMINED AT A LATER DATE; 6) THE RETAINING WALL MUST BE A MINIMUM EIGHT FEET ABOVE FINISHED GRADE; 7) THE DEVELOPER MUST PROVIDE FINANCIAL SECURITY THAT GUARANTEES LIVE GROWTH OF THE PLANT MATERIALS FOR A TWO YEAR PERIOD FROM THE DATE OF INSTALLATION; 8) THE APPLICANT SHALL PROVIDE A SEPARATE TRAIL EASEMENT DOCUMENT TO ENCOMPASS THE EXISTING TRAIL ALONG THE NORTH SIDE OF CHELSEA ROAD; 9) THE FINAL PLAT IS SUBJECT TO THE REVIEW AND COMMENT OF MN/DOT AND 10) THE APPLICANT SHALL COMPLY WITH ALL RECOMMENDATIONS OF THE CITY ENGINEERING STAFF AS DETAILED IN THE MEMOS OF 8/27/08 AND 9/9/08 WHICH WILL REVISED TO REFLECT CHANGES MADE BY THE COUNCIL AS NOTED ABOVE. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0. #SFAmendments to EDA Business Subsidy Criteria (Greater Monticello Enterprise Fund): Tom Perrault questioned the section on minimum wage and whether the federal minimum wage should be used or the state minimum wage noting that one maybe higher than the other. Economic Development Director Megan Barnett stated the federal minimum wage is $6.55 and 5 Council Agenda: 9/22/08 state minimum wage is $5.25. The 2009 minimum is proposed to be $7.25. Megan Barnett said although she was not a part of the discussions on the amendments it was her understanding if the subsidy was more than a certain dollar amount they needed to go with federal standards. TOM PERRAULT MOVED TO APPROVE THE AMENDED GREATER MONTICELLO ENTERPRISE FUND (GMEF) BUSINESS SUBSIDY CRITERIA. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 SI Resolution supporting I-94 corridor expansion funding: Wayne Mayer pulled this item because he said there is nothing in the budget for it and he didn't see any benefit for Monticello to contribute to this. Bruce Westby said the benefit would be to get the freeway expanded through Monticello. By establishing a coalition they hope to get support for the expansion. At this time MnDOT does not have money to fund the project. Wayne Mayer felt the proposal was too open ended. Brian Stumpf expressed some concerning about hiring a lobbyist. Susie Wojchouski disagreed and felt the group would be able to get things rolling at the federal level. Clint Herbst said if there is no money to do this project the lobbying effort is pointless. Wayne Mayer felt the proposal could be reevaluated again in a couple of years. WAYNE MAYER MOVED NOT TO ADOPT A RESOLUTION SUPPORTING I-94 CORRIDOR EXPANSION FUNDING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH SUSIE WOJCHOUSKI VOTING 1N OPPOSITION. 4-1 #SJDecrease in individual pension for Volunteer Firefighter Relief Association: Brian Stumpf stated he pulled this item because as a vested member of the relief association he would be abstaining from voting on this item. The error that led to the reduction request was that an individual was omitted from the report and the pension calculated for him was not included in the city's liability. As a result of this error the City had to contribute $15,578 to the relief association. Fire Relief Association representatives said the pension was decreased because the market was low and the value of funds declined. It was noted that if there is a surplus of 110% then the relief association can grant increases in pension without Council approval. Brian Stumpf stated that Monticello is only one of a few cities that do not have a city contribution. Brad Fyle said they could do some research and bring back what is done in other communities. He felt the $15,578 was a one time contribution unless the City in the future changed their position on City contribution to the relief association WAYNE MAYER MOVED TO GRANT THE DECREASE OF BENEFIT LEVEL FOR THE FIREFIGHTERS RELIEF ASSOCIATION TO $3,500 FOR 2008. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF ABSTAINING. 7. Consideration of awarding bid for street and drainage improvements for Kevin Longley Drive, Jerry Liefert Drive and Hawthorne Place, City Proiect No.2008-1OC. City Engineer, Bruce Westby provided the results of the bids for this project. There was a total of six bids with Knife River Corporation having the low bid of $168,112.42 which was about $40,000 less than the engineer's estimate. The bid included an alternate for adjusting existing manholes using metal rings. The project will be funded with $125,000 from the Street department and with 50% of the cost for Kevin Longley Drive and Jerry Liefert Drive derived from special assessments. The cost of the improvements for Hawthorne Place North will come 6 Council Agenda: 9/22/08 from Street Reconstruction funds. Brian Stumpf asked if the work was anticipated to be completed and assessed this year. Bruce Westby indicated that was the intent. TOM PERRAULT MOVED TO AWARD THE BID IN THE AMOUNT OF $168,112.48 (BASE BID PLUS ALTERNATE #2) TO KNIFE RIVER CORPORATION FOR CITY PROJECT NO. 2008-1OC. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 8. REMOVED FROM AGENDA. 11. Consideration of accepting bid for a fire pumper truck. Because a number of fire department members were present, Brian Stumpf requested that this item be moved up on the agenda. Tom Kelly explained the process that was used in preparing the specifications for the trucks and the advertising process. The City was somewhat surprised that only one bid was received. The City Attorney had reviewed the specifications to ascertain whether they contained any provisions that would exclude any vendors from bidding. The Council wondered whether demand was great and that was why vendors didn't bid. A representative from Custom Fire Apparatus was present. He stated theirs is a specialized industry which is highly competitive but relatively stable. He too was surprised that the City received only one bid. He felt the bids were open ended enough to allow a number of bidders but he did point out that the truck was a complex apparatus. Clint Herbst asked what the fire department estimated the truck would cost. Steve Joerg, Fire Chief said they anticipated the cost to be between $450,000-$500,000. Steve Joerg added that they had invited two manufacturers to look at their bids and both manufacturers said they could bid the truck. Clint Herbst asked if there was a uniform fire truck or if each was built separately. Steve Joerg said Monticello has big box stores, work on the interstate and other features that impact the type of equipment they need. In laying out the specifications for this truck they made an effort to promote safety as well as meet their needs. Wayne Mayer felt that maybe the specifications were written too tight. Joel Jamnik said the specifications were written in a manner that was open enough for all vendors to bid but he could not explain why there was only one bid. The representative from Custom Fire Apparatus explained how changes, recent and proposed, will impact the cost of fire trucks. WAYNE MAYER MOVED TO ACCEPT THE BID FOR THE NEW FIRE DEPARTMENT PUMPER TRUCK FROM CUSTOM FIRE APPARATUS AT A BID PRICE OF $508,980.00. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 Brian Stumpf complimented the work the committee did on preparing the bids for the new fire truck. 9. Consideration of adopting a resolution supporting a request for LCCMR appropriations from the Environment and Natural Resources Trust Fund. Jeff O'Neill explained the purpose of the request and explained that the City had in 2008 been 7 Council Agenda: 9/22/08 granted $1,200,000 in funding for acquiring the YMCA property and are again submitting a request for funds in the 2009 grant cycle. Brian Stumpf asked where the YMCA stood with the City/County funding process. Jeff O'Neill replied that the YMCA understands that it will take time to get the funding in place and they also realize that with current economic conditions it would not be easy for them to market the site. Generally the Council felt the acquisition of the YMCA property with its environmental benefits was a one time opportunity which the City and County needed to pursue. BRIAN STUMPF MOVED TO ADOPT A RESOLUTION SUPPORTING A JOINT REQUEST BY THE CITY OF MONTICELLO AND WRIGHT COUNTY FOR LCCMR APPROPRIATIONS FROM THE ENVIRONMENTAL AND NATURAL RESOURCES TRUST FUND TO SUPPORT THE ACQUISITION OF THE YMCA PROPERTY. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. 10. Selection of date and times for Liauor Store Manager interviews. Included in the consent agenda. 12. Consideration of approving Public Works Director iob description and authorize advertisement of iob opening. Jeff O'Neill explained the changes that were made to the Public Works Director job description. Some of the duties currently handled by the Public Works Director will be assigned to other departments such as Engineering, Sewer/Water, Streets and Parks. With the revisions to the job description, Jeff O'Neill felt this position is more of a managerial position rather than a technical position. Clint Herbst said it is pretty hard to replace someone who has been so involved with the community. BRIAN STUMPF MOVED TO APPROVE THE PUBLIC WORKS DIRECTOR JOB DESCRIPTION AND AUTHORIZE ADVERTISEMENT OF THE POSITION AT A PAY RANGE OF $66,640 TO $84,032 WHICH IS THE CURRENT RANGE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Clint Herbst updated the Council on the condition of former liquor store manager, Joe Hartman. Transportation Workshop: Clint Herbst noted that prior to this meeting the Council had conducted a workshop on the proposed Transportation Plan. There were a good number of residents and business owners at the workshop. A number of issues and concerns were brought up about transportation issues. Brian Stumpf asked if dates and times had been picked for covering the remainder of the Transportation Plan. Jeff O'Neill said they will get a schedule of future meetings. Brian Stumpf noted that at this workshop they had not even touched on the TH 25 issues. Clint Herbst thought maybe the topic should be broken into segments. 8 Council Agenda: 9/22/08 13. Consideration of approving payment of bills for September, 2008. Tom Perrault commented on seminars and conferences for employees and the value they had citing the conference put on by the Sensible Land Use Coalition. Clint Herbst said it is necessary for employees to be well trained and well informed. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 14. Adiourn BRIAN STUMPF MOVED TO ADJOURN AT 8:40 P.M. TOM PERRAULT SECONDED THE MOTION CARRIED UNANIMOUSLY. 5-0 yc5~s..~5y~ ~J _~ ./ws ~~ ~l Recording Secretary 9