City Council Agenda Packet 10-06-2006AGENDA
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Monday October 9, 2006 — 7 p.m.
Mayor: Clint Herbst
Council Members: Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf
I . Call to Order and Pledge of Allegiance.
2A. Approve minutes of September 25, 2006 regular Council meeting.
2B. Approve minutes of September 25, 2006 Special Council meeting.
3, Consideration of adding items to the agenda.
4, Citizen comments, petitions, requests and concerns.
5. Consent Agenda:
A. Consideration of ratifying hires and departures.
B. Consideration to correct formal record by rescinding a motion to approve a conditional
use permit for drive -through facility for Broadway Market with conditions to redesign a
drive -through and approving a motion to approve a conditional use permit for a drive -
through facility with no conditions.
C. Consideration of renewing currency exchange license - Wal-Mart.
D. Consideration approving contract for parking lot and hardeourt improvements at
Groveland Park, City Project No. 2006-27C.
E. Consideration of appointment to fill vacancy on Planning Commission.
F. Consideration of approving Change Order No. 6 for the CSAR 18/1-94 Interchange
Project No. 2004-01 C covering lights for the pedestrian bridge.
G. Consideration of a request for a conditional use pen -nit for development stage planned
unit development for a restaurant use in a B-3 (Highway Business) District. Applicant:
Brendsel Properties, Inc.
H. Consideration of authorizing a feasibility report for the 2007 Street Reconstruction
Project.
Consideration of approving final payment and accepting improvement for Trunk Sanitary
Sewer Extension, Southeast Interceptor/Bondhus Segment and Appurtenant
Improvements, City Project No. 2000-12C.
Agenda
Monticello City Council
October 9, 2006
Page 2
J. Consideration of award of bid for Linn Street and Front Street Drainage Improvements,
City Project No. 2006-12C.
K. Consideration of acceptance of improvements for Nathan's Court.
L. Consideration of approving quotes for demolition of home on Kevin Tracy property.
M. Consideration of authorizing maintenance purchases for the Monticello Community
Center.
N. Consideration of calling for a joint meeting of the City Council for the purpose of
reviewing a Memorandum of Understanding Pertaining to Acquisition of YMCA and
Operation as a park.
6. Consideration of items removed from the consent agenda for discussion
7. Public Hearing on vacation of a portion of Cedar Street for the Warnert Retail Development.
8. Consideration of establishing a reward for information regarding vandalism at Monte Club.
9. Consideration of approving plans and specifications and accept quotes or approve plans and
specifications and authorize the advertisement for bids for the River Mill Pathway Improvement
Project No. 2006-30C.
10 Consideration for modification of costs to be assessed for the 2006 Core Street Reconstruction
Pro? ect, City Project No. 2006-01 C.
I I Approve payment of bills for October.
12. Adjourn.
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AGENDA
REGULAR MEETING — MONTICELLO CITY COUNCIL
Monday September 25, 2006 — 7 p.m.
Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Glen Posusta and Brian Stumpf
Members Absent: None
Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge
of Allegiance was said.
CA. Approve minutes of September 11, 2006 re2:ular Council meeting.
Tom Perrault stated under approval of the minutes it should read, "at least 40% of the funds
would go to public transportation." Wayne Mayer made a change to the language in the third
paragraph under Item #6 to read, "Wayne Mayer asked for an explanation of the resolution that
the City was requested to approve."
GLEN POSUSTA MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 11, 2006
REGULAR COUNCIL MEETING WITH THE CHANGES NOTED. WAYNE MAYER
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
Tom Perrault stated his vote in opposition to approving the preliminary budget and tax levy was
because he did not believe in the concept of the franchise fee for street lighting.
WAYNE MAYER MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 11, 2006
SPECIAL COUNCIL MEETING. GLEN POSUSTA SECONDED THE MOTION, MOTION
CARRIED UNANIMOUSLY.
Approve,, September 13, 2006 Special Council
WAYNE MAYER MOVED TO APPROVE THE MINUTES OF THE SEPTEMBER 13, 2006
SPECIAL COUNCIL MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
3. Consideration of addinp- items to the a2enda..
Glen Posusta suggested adding agenda item #11, Approving Plans and Specifications and
Advertising for bids for improvements at the Groveland Park to the consent agenda. He noted
that there was only one person in attendance at the informational meeting on the Groveland Park
Improvements held on September 21, 2006.
BRIAN STUMPF MOVED TO PLACE AGENDA ITEM #9, AWARD OF CONTRACT FOR
EXTENSION OF DALTON AVENUE, DALTON WAY AND DALTON COURT TO THE
CONSENT AGENDA AND TO ADD AGENDA ITEM #11, APPROVING PLANS AN
SPECIFICATIONS AND ADVERTISING FOR BIDS FOR PARKING LOT AND
HARDCOURT IMPROVEMENTS FOR GROVELAND PARK TO THE CONSENT
AGENDA. I
Other items added to the agenda were: 1) Discussion of the proposed 2007 levy; 2) The 2006
Core Street Reconstruction Project; and 3) Employment agreement for City Administrator
position.
4. Citizen comments. netitions. requests and concerns.
No one spoke under citizens comments.
A. Consideration of ratifying hires and departures MCC, Water and Streets.
Recommendation: Approve hires and departures as identified.
B. Consideration of approving request for charitable gambling license for Wright County
Ducks Unlimited for November 16, 2006 at Jala Penos. Recommendation: Adopt a
resolution authorizing the State Gambling Control Board to issue the charitable gambling
license to Wright County Ducks Unlimited to conduct charitable gambling activities at
Jala Peno's on November 16, 2006. Resolution No. 2006-74.
C. Consideration of a request by Crostini Grille to extend the time frame for the patio
enclosure to encroach into the right of way. Recommendation: Consider extending the
time frame of the license agreement to cover the holiday period.
D. Consideration of appointing election judges for the November 7, 2006 general election.
Recommendation: Appoint the following election judges for the November 7, 2006
general election: Gregory Ashfeld, Gladys Bitzer, Joan Bondhus, Ron Broekemeier, Janet
Bromberg, Edith Custer, Rosemary Dahl, Mary Daniels, Agnes DeMarais, Kristi
DeMarais, Richard Doucette, Jamie Fisher, Kaye Gauthier, Lynnea Gillham, Jan Irvine,
Harvey Kendall, Lori Kraemer, Florence Mayer, Arlene McIntire, Judy Moody, Merrijo
Nesland, Richard Quick, Jeanette Smith, Randy Smith, Darlene Solberg, Rita Soltau,
Patricia Ann Sonju-Thielman, Opal Stokes, Sandy Suchy, Diane Wefel and Lorraine
Wolff.
E. Consideration of modification to the Otter Creek Crossing 3d Addition Plat.
Recommendation- Adopt a resolution approving the modified final plat of the Otter
Creek Crossing 3rd Addition.
F. Consideration to ratify the EDA approval of GMEF Loan No. 025 and the Loan
Agreement (Business Subsidy Agreement) between the EDA and Karlsburger Foods, Inc.
Recommendation: Ratifying the EDA approval of GMEF Loan No. 025 for
Karlsburger Foods, Inc. is consistent with the GMEF Guidelines and approving the
Business Subsidy Agreement within the Loan Agreement between the EDA and
Karlsburger Foods, Inc.
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G. Consideration of an amendment to Chapter 11 of the Monticello Zoning Ordinance
regulating the B-1 (Neighborhood Business District.)Recommendation: Adopt an
amendment to Chapter 11 of the Monticello Zoning Ordinance regulating the B-1
(Neighborhood Business) District
H. Consideration of a request for rezoning from R-2 (Single and Two Family Residential) to
B-1 (Neighborhood Business) for 530 West Broadway. Applicant: David
Thielman/Gateway Music Festivals. recommendation: Approve an ordinance
amendment rezoning 530 West Broadway from R-2 to B-1 based on a finding that the
proposed use is consistent with the character of the surrounding area and the intent of the
Comprehensive Plan, subject to the conditions that any future tenant must obtain a
conditional use permit prior to operation, in compliance with the amended ordinance.
I. Consideration to correct formal record by rescinding a motion to approve a conditional
use permit for drive -through facility for Broadway Market with conditions to redesign a
drive -through and approving a motion to approve a conditional use permit for a drive -
through facility with no conditions. Recommendation: 1) Move to rescind the August
28, 2006 approval of the conditional use permit for a drive through facility with the
following conditions: a) The parking lot shall be modified to include an access lane to the
west side of the parking lot and the drive through entrance. Said drive lane shall be
delineated with curbed islands and contain directional signage; b) The entire north side of
the drive lane for the drive through shall be curbed to create stacking space for six
vehicles and c) The island south of the pre -menu board shall be removed to allow room
for a passing lane around the drive through; and 2) approve a conditional use permit with
no conditions for a drive through facility for Broadway Market, based on a finding that
the proposed use is consistent with the intent of the PZM District.
Consideration of authorizing preliminary survey and feasibility study relating to
reconstruction of Chelsea Road between Fallon Avenue and County Road 18.
Recommendation: Authorize the feasibility report, topographic survey and soil borings
for the reconstruction of Chelsea Road from CSAH 18 to Fallon Avenue, City Project
No. 2006-31 C.
K. Consideration of award of contract for extension of Dalton Avenue, Dalton Way and
Dalton Court, City Project No. 2006-15C.Recommendation: Approve the award of a
contract to R.L. Larson Excavating, Inc. in the amount of $1,003,560.02 including
Alternate #1 for City Project No. 2006-15C the extension of Dalton Avenue, Dalton Way
and Dalton Court.
M. Consideration of approving plans and specifications and advertising for bids for parking
lot and hardcourt improvements for Groveland Park, City Project No. 2006-27C.
Recommendation: Approve the plans and specifications for the parking lot and
hardcourt for Groveland Park, Project No. 2006-27C and authorize advertising for bids
for the improvement.
Items #5C, #5G, #5H and #51 were removed from the consent agenda for discussion.
BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEMS #5C, #5G, #5H AND #5H AND THE ADDITION OF AGENDA ITEM
61
#9 AS #5L AND AGENDA ITEM #11 AS #5M. TOM PERRAULT SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
6. Consideration of items removed from the consent ap-enda for discussion..
#5C. Request by Crostini Grill for extension of time frame for license agreement for
encroachment into right of way: Bob Hellman from Crostini Grille indicated they would like to
keep the patio structure up year round and remove the skirting. The only part of the structure
that would remain up would be the poles and the roof. It is their plan to use the structure for
various activities over the holiday season (Thanksgiving through New Years). There is 8 1/2feet
of sidewalk beyond the patio structure. Glen Posusta noted his concern about whether the
structure was designed to handle a snow load and because of the structure's slanted roof if there
was any danger of snow sliding off the roof onto the sidewalk. Bob Hellman indicated the
structure was built for a snow load and he didn't anticipate the slope of the roof was so great as
to cause the snow to slide off. Wayne Mayer stated while initially he was skeptical of having the
patio structure encroaching into the right of way, it seems to have worked out well. He did
caution that they would need to monitor the snow plowing in the area for snow being thrown up
in the sidewalk area.
WAYNE MAYER MOVED TO EXTEND THE TIME FRAME FOR THE LICENSE
AGREEMENT WITH CROSTINI GRILLE THROUGH THE HOLIDAY PERIOD WITH THE
UNDERSTANDING THAT THEY WILL SIGN AN AGREEMENT INDICATING THE CITY
WOULD NOT BE HELD LIABLE FOR ANY POTENTIAL DAMAGE AS A RESULT OF
SNOW REMOVAL AND ALLOW THE STRUCTURE TO REMAIN WITH SKIRTING
REMOVED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
#5G Ordinance Amendment for Chapter 11 of the zoning ordinance regulating the B-1
(Neighborhood Business) District. Kimberly Holien from Northwest Associated Consultants
reviewed the proposed ordinance amendment. The B-1 District allows for commercial use
embedded in a residential district to service the surrounding neighborhood. However the
Planning Commission did not feel that in a small community a business would only be serving
the immediate neighborhood. The City currently has one B- I site.
Wayne Mayer questioned the chapter and sections of the ordinance that were referenced in the
amendment. Kimberly Holien noted the references were general and that they could be
eliminated from the ordinance if that was what the Council wanted. City Attorney, Tom Scott
concurred that the ordinance amendment didn't have to reference a particular section.
Clint Herbst stated he was not in favor of any business in a residential neighborhood. The
proposed ordinance came up in the Planning Conunission's consideration of a request for the
property at 530 West Broadway. The property which is used as a business is currently a legal
non -conforming use. Any new use of this site would require a conditional use permit.
TOM PERRAULT MOVED TO APPROVE THE AMENDMENT TO CHAPTER 11 OF THE
MONTICELLO ZONING ORDINANCE WITH THE CHAPTER AND SECTION
REFERENCES REMOVED REGULATING THE B- I (NEIGHBORHOOD BUSINESS)
DISTRICT. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
#5HRezoning request from R-2 to B-I for 530 West Broadway: Kimberly Holien noted if the
Council approved the rezoning request it would be under the parameters of the approved
ordinance amendment. Kimberly Holien reviewed the staff report noting that at the public
hearing held by the Planning Commission the concern was raised that this was spot zoning. The
B- I designation is kind of spot zoning. The only condition on the site is that the parking lot be
improved if the property is used for a commercial purpose. As it currently exists the parking lot
has no striping or delineation. As long as the present use remains, no additional conditional use
permit is required but any change in use would require a conditional use permit.
Clint Herbst didn't feel business uses should be occurring in the residential areas. This
property's previous use was that of a funeral home and its present business use is less intense
than the funeral home. It was thought if the business use ceased, the building most likely would
be converted to a duplex. Glen Posusta questioned if adjacent property owners had been notified
of the proposed zoning change and staff indicated they were.
Wayne Mayer noted in the staff report it stated that the applicant was proposing to relocate his
business and was requesting rezoning of the site so he could market the property. Wayne Mayer
stated he didn't feel comfortable with rezoning property to help somebody market it. He felt it
would be more appropriate that when the property was sold the new owners would come before
the Council to request the rezoning. Clint Herbst stated his concern is what is happening with
the properties adjacent to this site. He would like to have the applicant come in for a conditional
use permit so residents know what is coming in rather than having the property rezoned first and
then a different locates to the site.
BRIAN STUMPF MOVED TO DENY THE REQUEST FOR REZONING FROM R-2 TO B-1
FOR 530 WEST BROADWAY BASED ON A FINDING THAT THE PROPOSED USE IS
NOT CONSISTENT WITH THE INTENT OF THE COMPREHENSIVE PLAN. WAYNE
MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
In additional discussion, Jeff O'Neill noted that with the R-2 zoning you cannot get a conditional
use permit. Clint Herbst felt the commercial use presently there would make other adjacent
property owners also request rezoning. Tom Perrault thought it likely that more of the residential
along Broadway will be converted to commercial uses. Brian Stumpf stated the reason he is not
in favor of rezoning is because it is being rezoned to market the site.
#51 Conditional Use Permitfor Broadway Market (Steiner Development): Wayne Mayer
asked that the item be paraphrased to make it less confusing. Jeff O'Neill stated there were some
modifications to the plan. The previous approval was with the developer being able to
determine bow to configure the drive through layout. Jeff O'Neill said there was additional staff
study of it
Wayne Mayer asked about the two-way traffic coming from the O'Ryans area and if it runs
parallel with CSAH 75, If so when the traffic comes to what appears has a hook on the plan is
there still sufficient room for two way traffic. It was stated in the section of the plan where it is
signed "Do Not Stand" that island needs to be removed to allow for drive through. Some
parking spaces along CSAH 75 would be removed for a parking lane. The plan was short on
parking stalls but the applicant did apply for a conditional use permit for joint parking.
GLEN POSUSTA MOVED TO RESCIND THE AUGUST 28, 2006 COUNCIL APPROVAL
OF THE CONDITIONAL USE PERMIT FOR THE DRIVE THROUGH FACILITY FOR
BROADWAY MARKET. BRIAN STUMPF SECONDED THE MOTION.
Lisa Diehl representing Steiner Development, 3610 TH 101, Wayzata asked for clarification on
the motion. The response was that 1) "Do Not Stand" area to be curbed off; 2) All drive through
traffic will be directed to the rear of the lot and 3) Bumpout be removed to allow for paving area.
Lisa Diehl stated after the Fire Chief bought forward a concern about fire trucks having full
access.. Angela Schumann told Jeff O'Neill that the developer was agreeable to the conditions
listed. Lisa Diehl said there apparently was a misunderstanding. She said they were in favoring
of signing it rather than combining it with other conditions. Brian Stumpf said he didn't want to
speak for the Fire Chief but personally he felt that would be the last place he would locate it and
make the trucks pass through the drive -through section. He felt another route would be safer.
Jeff O'Neill said if the summary was wrong they should go back and get it resolved. Glen
Posusta said a big problem was the bumpout. Wayne Mayer asked the reason for having the
bumpout and Lisa Diehl said it was to protect the trucks going through. Lisa Diehl suggested
changing the signing to direct this as one-way traffic flow. Kimberly Holien noted there is a
"Trucks Only" sign on Hart Boulevard.
GLEN POSUSTA MOVED TO RESCIND THE MOTION TO RESCIND APPROVAL OF
THE CONDITIONAL USE PERMIT GRANTED ON AUGUST 28, 2006 AND TO TABLE
THIS MATTER UNTIL THE NEXT MEETING WHEN THE CONDITIONS RELATING TO
THE CONDITIONAL USE PERMIT CAN BE CLARIFIED. BRIAN STUMPF SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
8. Review of updated information for Street Liehfing, improvements on School Boulevard
from Edmonson Avenue o Fennin2 Avenue and 7 th Street East from Washin2tonSt. Benedicts and Phase 11 of Pedestrian Safetv ImDrovements for School Boulevard..
This item was moved up on the agenda to accommodate those present who wish to address the
item.
City Engineer, Bruce Westby stated at the last meeting the Council had requested additional
information concerning these projects be brought back at this meeting.
Lighting Project #1 covered street lighting on School Boulevard from Edmonson Avenue to
Fallon Avenue. The Council at the September 11, 2006 meeting expressed concern about the
lack of lighting on the pedestrian facilities along School Boulevard. Bruce Westby presented
three layouts for Council consideration. Layout #1 A provided lighting for the pathway by
adding light fixtures on the back side of the proposed poles and fixtures mounted on 14' poles
between the proposed street lights. A total of 17 street lights with the mounted light fixtures for
pedestrian lighting and 19 individual pedestrian lights would be installed under this plan. Plans
#IB and #1C covered the same area but with just a different street light layout. The Council
needs to determine what level of lighting they want on the pathway.
Clint Herbst asked about the difference in the number of lights on the plans but that cost
difference was not that great. Bruce Westby stated the costly part is not the light but the wiring.
The prices he submitted do not include maintenance costs. Glen Posusta believes the
M
maintenance cost would be prohibitive and felt the project should be done without the
maintenance agreement. Glen Posusta felt lights 300'-350' apart was a ridiculous idea because
it wouldn't light up a sufficient area. He felt that distance might be okay for the streets lights
because they are staggered but he didn't think that it would work on the pathway. It was noted
that 300'-350' was the standard spacing for lights. Bruce Westby noted the previous design was
not approved by Great River Energy so the layout was revised and has been approved by Great
River Energy. Clint Herbst said the City's goal is to make the area safe, however he felt they
need to check out having the City maintain the lights.
Brian Stumpf asked where the money was coming from for these improvements. Bruce Westby
said the only area that could be assessed is the School District property and they are opposed to
any assessment. Brian Stumpf noted that the franchise fee is not effective yet so there would be
interim funding needed for the project. City Administrator, Rick Wolfsteller indicated the City
could pay for the improvements out of reserves and then reimburse the reserve fund from
revenue generated by a franchise fee.
Project #4 covered the street lights at 7th Street and Highland Way. No pedestrian lights are
proposed as part of this project. The major discussion at the last meeting was cost and funding
sources. Ryan Companies has agreed to contribute $30,000 of the $96,000 project costs. Clint
Herbst asked about dedication of the three lights which are not usable. Bruce Westby stated that
lights in question are not the design the City uses and therefore Xcel Energy would not maintain
them. The lights would also have to be re -wired because they are tied to the parking lot wiring.
Glen Posusta asked how this development got by without paying for lights for the entire area and
only installing three lights. Jeff O'Neill said there was a misunderstanding about the lights that
were needed. Tom Perrault felt the City should wait to see what the lighting needs are once
Target and that immediate area develops. Clint Herbst asked if the Ryan Companies expected the
lights to be installed immediately. Brian Stumpf felt the most important thing was to get the
pathway along School Boulevard taken care off. If the City moves ahead with the project Ryan
Companies would pay $30,000. Brian Stumpf said the City should check with Ryan Companies
to see if the funding would still be available if the street lighting was not installed until April.
Brian Stumpf felt the City should hold off on Highland Way but proceed with School Boulevard
using Layout #IA.
Phase 11 of the pedestrian safety improvements for School Boulevard were discussed. The
improvements include construction of two bituminous paths on the south side of School
Boulevard between Country Avenue and Farmstead Avenue and between the two mid -block
crossings on School Boulevard including a concrete walk between School Boulevard and Falcon
Avenue. The project also includes making the temporary burnpouts permanent, construction of
pedestrian curb ramps and a pedestrian flasher signal. There was discussion on the location of
the crossing. Bruce Westby thought it might more appropriate to have the crosswalk at the
intersection. At the last meeting it was requested that staff talk with the School District. The
School District is supportive of the improvement but didn't want to be assessed for the
improvements. Residents are opposed to concrete sidewalk between Falcon Avenue and School
Boulevard and felt the mid -block crossing at Eider Lane would be safer for the children. Bruce
Westby did not recommend a crosswalk at this location. Clint Herbst said at least with the
crosswalk at the intersection you would have people stopping and starting whereas having the
crossing mid -block means people will have stopped at the stop signs and by mid -block would
have gotten up to a pretty good speed. The Council discussed the safety conditions on School
Boulevard and the question was raised why there were no turn lanes on School Boulevard. Glen