City Council Minutes 06-14-2004MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, June 14, 2004 - 7 p.m.
Members Present: Roger Carlson, Glen Posusta, Robbie Smith and Bruce Thielen.
Members Absent: Brian Stumpf
1. Call to Order and Pledge of Allegiance.
Mayor Thielen called the meeting to order at 7 p.m. and declared a quorum present. The
Pledge of Allegiance was said.
2. Approve minutes of May 24, 2004 regular Council meeting.
ROGER CARLSON MOVED TO APPROVE THE MINUTES OF THE MAY 24, 2004
REGULAR COUNCIL MEETING. ROBBIE SMITH SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
3. Consideration of adding items to the agenda.
Bruce Thielen added to the agenda scheduling of a workshop on the ice arena financing.
ROGER CARLSON MOVED TO ADD AGENDA ITEMS #9 AND #12 TO THE
CONSENT AGENDA. GLEN POSUSTA SECONDED ADDING ITEM #9 BUT DID NOT
SECOND ITEM #12. ROGER CARLSON AMENDED HIS MOTION TO ONLY ADD
AGENDA ITEM #9 TO THE CONSENT AGENDA. GLEN POSUSTA SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
Bruce Thielen asked about agenda item #5C and whether it should be tabled. Jeff O'Neill
indicated staff would like to contact the developer about his plans to proceed.
4. Citizen comments, petitions, requests and complaints.
Janice Holthaus, a township resident living on Cahill Avenue, questioned the comments made
by Robbie Smith in his letter in the newspaper. She requested clarification if sewer and water
was extended to their property when would they have to hook up to it. Staff indicated
circumstances of the utility extension would determine when fees are paid. If the property is
not in the City and a developer extends the utilities pass the property in order to serve his
development, there would be no charges as the cost would be picked up by the developer. If
the property owner was in the city limits and the improvements were petitioned for the
benefitting property owners would be assessed.
Shannon Bye, a township resident, expressed her concerns about the proposed Wal-Mart store
Council Minutes - 6/14/04
and the impact the store would have on the community and the businesses operating in the
community. She urged the Council to consider it carefully and noted all the conditions the
Planning Commission had placed on their approval of the proposal.
5. Consent agenda.
A. Consideration of ratify new hires and departures for the MCC, Liquor Store and Parks.
Recommendation: Ratify hires and departures as identified.
B. Consideration of resolution extending the term of the cable franchise held by Charter
Communications. Recommendation: Adopt a resolution agreeing to extend the terms
of the cable franchise with Charter Communications for another six months until
December 31, 2004.
C. Consideration of a request for a conditional use permit for a development stage
planned unit development and a request for a preliminary plat for a residential
development in the CCD District. Applicant: Landmark Square. Recommendation:
Approve the preliminary plat and planned unit development based on a finding that the
project meets the City's intent as expressed in the concept plan approval and subject to
the following conditions:
1. The driveway extending to the east property line must terminate in a curb line at least five feet
from the property line.
2. A hydrant is to be located near the east garage building that has protection from traffic. This
should be accomplished by placing the hydrant in a curbed island.
3. Steps should be taken to ensure that no parking occurs in the driveway for Units 3 and 4.
4. The applicants should add landscaping elements along the west (Locust Street) foundation area,
add shrubs and perennial plantings between Units 4 and 5, add tree grates to the trees behind
the garages for Units 5-11; increase the size of the trees behind Units 5-11 to 3.5" caliper and
provide a lighting plan per City requirements.
The applicants should complete streetscape improvements to Phase I, including addition of
street trees, addition of handicap sidewalk ramps and sidewalk sections to meet ADA
requirements and decorative street lighting in accordance with the City's street improvement
plans. The City Building Official can provide additional direction with this item.
6. The applicants should remove the garage in the Phase I parking lot.
7. Public Works and engineering issues are addressed by the appropriate staff.
D. REMOVED FROM AGENDA
E. Consideration of a request for a conditional use permit for a concept stage commercial
development and a request to rezone from I-1 and I-2 (Light and Heavy Industrial) to
B-4 (Regional Business) Applicant: Ryan Companies, U.S. Inc. Recommendation:
2
Council Minutes - 6/14/04
1) Move to approve the rezoning from industrial to B-4 (Regional Business) based on
the finding that the proposed use is consistent with the Comprehensive Plan. 2) Move
to approve the concept stage planned unit development for Ryan Companies based on
a finding that with the required infrastructure improvements, the use would be
consistent with the land use recommendations for this site. This action should be
limited to general site planning comments and subject to more detailed analysis upon
presentation of development stage PUD plans. Ord. Amd. #408
F. Consideration of a request for a conditional use permit for a concept and development
stage planned unit development in a B-3 District to allow for the interim use of an
existing facility for open and outdoor sales. Applicant: Jacob Holdings of Monticello/
Denny Hecker. Recommendation: Move to approve the concept stage PUD allowing
the interim use; however, the use is subject to the submission of interim use
development plans including information relating to items noted below with the plans
being subject to review and approval by the City Planner and submission of an
appropriate surety:
A. Time frame for the interim use. Planning Commission and staff suggest allowing the interim
use for a period of 30 months, with the option of requesting a renewal for an additional 30
months subject to review by the City Planner.
B. Amount and type of security to be posted to ensure removal of non -conformities at the
termination of the interim use and to assure completion of interim improvements such as
landscaping and paving.
C. Drainage concerns as currently drawn - the site is proposed to drain the new paving area onto
open space north of the buildings.
D. Provide definition of the use of unpaved areas
E. Site lighting
F. Organization of customer and employee parking and acceptable areas for vehicle display.
G. Utility service issues to be identified by Public Works and Engineering staff.
H. Potential signage size and location and enforcement provisions for illegal temporary signage.
G. Consideration of a request for a conditional use permit for a multi -tenant building
directory sign as allowed by the Monticello Zoning Ordinance. Applicant: John
Komarek. Recommendation: Move to approve a conditional use permit for the
erection of a monument style building directory sign for 118 West 6t' Street as
described by the applicant subject to the following conditions:
1. The owner of the building shall apply for a sign permit and pay all associated fees.
2. No tenant shall be allowed more than one sign on each side of the proposed monument sign.
3. No individual business sign board/placard shall exceed twenty-five percent (25%) of the total
allowable sign area on the monument sign.
J
Council Minutes - 6/14/04
4. In the event that one tenant of the building does not utilize the full allotment of allowable area,
the excess may not be granted, traded, sold or in any other way transferred to another tenant for
the purpose of allowing a sign larger than twenty-five percent (25%) of the total allowable area
for signs.
5. Any sign that is shared by or is a combination of two or more tenants shall be considered as
separate signs for square footage allowance and shall meet the requirements thereof.
6. All signs shall be consistent in design, material, shape and method of illumination.
7. Final sign plan design shall be reviewed and approved by the Monticello Design Advisory
Team prior to issuance of a sign/building permit.
H. REMOVED FROM AGENDA
I. Consideration of ordering public hearing for vacation of a portion of a drainage and
utility easement along the rear of Lot 9, Block 10, Groveland 2nd Addition.
Recommendation: Move to order a public hearing for the vacation of a portion of the
drainage and utility easement to the rear of the lot on Lot 9, Block 10, Groveland 2nd
Addition for June 28, 2004 at 7 p.m.
J. Consideration of adopting a resolution issuing a negative declaration of need for
Environmental Impact Statement relating to development of a 200,000 sq. ft. retail
store. (Item #9) Recommendation: Adopt a resolution issuing a negative declaration
of need for an Environmental Impact Statement relating to development of a 200,000
sq. ft. retail store.
ROGER CARLSON MOVED TO APPROVE THE CONSENT AGENDA WITH THE
TABLING OF ITEM 5C TO THE NEXT MEETING AND THE ADDITION OF ITEM #9
TO THE CONSENT AGENDA AS ITEM #5J. GLEN POSUSTA SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY
6. Consideration of items removed from the consent agenda for discussion.
None.
7. Consideration of authorizing sale of G.O. Tax Increment Bonds.
Mark Ruff from Ehlers and Associates came before the Council on the sale of G.O. Tax
Increment Bonds. He noted that the City issued temporary bonds in 2001 that were 100%
paid for by TIF revenues from TIF District 1-22. This was done in anticipation of a number
projects that have been realized. The bonding also preserved some rights for the City to use
funds from other TIF districts for projects. These were three year temporary bonds with a
balloon payment due July 1, 2004. The City is looking at refinancing the temporary bonds
and is proposing a bond issue in the amount of $945,000 which is less than originally
anticipated since some projects did not materialize.
Mark Ruff also pointed out that the City's bond rating from Moody's improved to A-2 and he
0
Council Minutes - 6/14/04
congratulated the City on their prudent financial management. He presented a plaque to the
Mayor recognizing this improved rating.
Mark Ruff reported that five bids were received on the proposed $945,000 taxable G.O. Tax
Increment Bonds with Cronin & Company being the low bidder offering a true interest rate of
5.1839%. The City Council was being asked to approve a resolution on awarding the bond
sale to Cronin & Company and Mark Ruff noted a correction that August 1, 2010 was the first
date the City could call the G.O. tax increment bonds.
ROBBIE SMITH MOVED TO ADOPT A RESOLUTION AWARDING THE SALE OF
$945,000 IN REFUNDING BONDS AND TO APPROVE THE PLEDGE AGREEMENT
FROM THE HRA. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
8. Consideration of recommendation by the Monticello Library Board on selection of
architect for library expansion.
City Administrator, Rick Wolfsteller stated that members of the Library Board were present to
discuss their recommendation for architect for the library expansion. Tom Parker, Sandra
Foster, Dawn Grossinger and Jacque Gordon of the Library Board were present.
Tom Parker informed the Council that an RFP for architectural services had been prepared
and sent out to nine firms with five firms responding. Out of the five firms responding, three
firms were selected for interviews. In addition members of the Library Board had toured
recently constructed and/or remodeled libraries to view the work done by the firms and to get
ideas of what could be done with the library building.
A number of factors were taken into consideration in considering the architectural firm. The
expansion of the library is more than just walling in around the existing canopy. The Library
Board felt the expansion should create an inviting site conducive for library uses. The
expansion should also consider the long term plan for the library. In addition the Library
Board was looking for someone who could work within the budget for the project. Based on
these considerations, the Library Board was recommending the firm of Kodet Architectural
Group for the library expansion. Mr. Ed Kodet from the firm was present to answer any
questions from the Council or staff.
Mayor Thielen noted that he had some experience with the Kodet Architectural Group as they
had done a public works facility for the City of Coon Rapids and that project came in well
below budget. Mayor Thielen stated while the percentage charged by the firms varied, the
extra cost in architectural fees is saved if the project comes in within budget.
Glen Posusta stated his concern that 8.46% fee proposed by Kodet was almost double the fee
proposed by another architectural firm that had done work for the City. Glen Posusta also
questioned whether the Kodet firm felt comfortable with the City's budget amount for the
5
Council Minutes - 6/14/04
expansion. Ed Kodet indicated that he felt the 3,000 sq. ft. expansion could be accomplished
within the budget amount. He added that the plan was to make good use of the existing space
as well as designing the expansion area. Bruce Thielen pointed out that if staying within
budget was a concern, the Library Board should look at bidding alternates as a way of
controlling costs.
Roger Carlson asked about the long term plan for the library. Ed Kodet stated that as part of
the planning process they would look at a master plan so that what is done in this phase will
fit into all future phases.
ROBBIE SMITH MOVED TO APPROVE THE SELECTION OF KODET
ARCHITECTURAL GROUP LTD AS RECOMMENDED BY THE LIBRARY BOARD AS
THE ARCHITECT FOR THE PROPOSED LIBRARY EXPANSION, ROGER CARLSON
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
Tom Parker expressed his thanks to Fred Patch in preparing the RFP that was sent out to the
architectural firms. He indicated that it is the plan of the Library Board to be back before the
Council at the end of July with an update on the planned expansion.
9. Consideration of a resolution for a Negative Declaration of Need for an EIS for the Wal-
Mart site.
Added to the consent agenda as item #5J with the recommendation to approve the resolution
for a negative declaration of need for an EIS for the Wal-Mart site.
10. Consideration of recommendation of Parks Commission to adopt a Tobacco Free policy
for Cily parks.
Representatives from the Monticello TATU group (Teens against Tobacco Use) made a
presentation to the City Council in support of the proposed policy to prohibit tobacco use in
city parks, playgrounds and trails. The group noted the negative health and environmental
impacts of smoking. The group encouraged the Council to support the tobacco free policy.
Since Monticello initiated D -Day they felt support of tobacco free policy was a way carry on
with the message. They also felt it would be appropriate for Monticello to be the first
community in Wright County to adopt the policy because of their active stance with the health
issues relating to smoking.
Glen Posusta stated that while he thought the efforts of the TATU group were commendable,
there was something anti-American about trying to restrict the personal habits of an
individual. He stated that he despises the fact that smokers think the world is their ash tray
but he didn't believe a policy that would not be enforced and did not carry any penalty would
be conducive in making people stop smoking. He felt the signs and the policy just added to
bureaucracy.
Council Minutes - 6/14/04
Bruce Thielen stated that he had worked with TATU group in Coon Rapids. He felt that at
some point the City has to attempt to demonstrate what is a health live style. Since it is
voluntary policy you will not get a 100% compliance but any change is beneficial.
Robbie Smith noted that as council liaison to the Parks Commission, he was at the meeting
where the Parks Commission discussed at length the policy. The Parks Commission had
expressed many of the same concerns such enforcement of the policy. He added that if the
City adopts the policy and the community finds it is not working, the Council can look at the
policy again and make changes or abandon it.
There was some discussion on the City's present policy about not smoking in city buildings or
vehicles. Roger Carlson also had concerns about the policy infringing on the rights of the
individual and asked that if the ordinance is adopted it be considered for a probationary
period. Bruce Thielen suggested having in place until the January 1, 2005 at which time it
would be evaluated.
Glen Posusta also noted the contradiction in having exemptions to the tobacco free policy.
Robbie Smith stated that while that may be the case it would be better to start with a policy
with exemptions than not do anything at all.
ROBBIE SMITH MOVED TO ADOPT THE TOBACCO FREE POLICY AS PROPOSED
WITH THE POLICY TO BE REVIEWED AFTER JANUARY 1, 2005. BRUCE THIELEN
SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA VOTING IN
OPPOSITION.
11. Consideration of a proposal to merge Heartland Express with River Rider.
Deputy City Administrator, Jeff O'Neill provided background information on this item. City
staff was asking Council direction on pursuing a merger of Monticello Heartland Express with
River Rider. Jeff O'Neill stated that over time government regulations has created a burden in
administering the program. The requirements are at the level that it would require a part-time
staff person to administer the program. The requirements imposed on a system with one bus
are the same for a system with ten busses. The regulations make it questionable whether a
small system can operate economically. Should the City merge with River Rider the funds
the City receives for transportation would go to the River Rider budget.
Sue Siemers from the state is supportive of the proposal and an informational meeting has
been scheduled for June 24, 2004. Jeff O'Neill felt there would some operational
differences between the two system that users need to be informed about. Bruce Thielen
stated it was very important that the residents who utilize the system be made aware of the
proposal and suggested that a letter be sent to residents of Mississippi Shores and other senior
housing informing them of the meeting.
Robbie Smith and Bruce Thielen both felt they would be more comfortable authorizing staff
7
Council Minutes - 6/14/04
to hold a public meeting on the proposed merger and negotiate with River Rider rather than
adopt a resolution supporting the merger. Roger Carlson stated since he does not use the
Heartland Express he would like to have more information on the two systems so that he
could evaluate the proposal. Glen Posusta suggested tabling this until the next meeting. The
consensus of the Council was to have staff proceed with the informational meeting at this
point.
12. TH 25/School Boulevard Signal - Request for authorization to pre -order.
At a previous meeting the Council authorized moving forward with the signal justification
report for the signal at TH 25/School Boulevard. Although the warrants are currently being
met the signal justification report is a requirement of MnDOT. Because of the development
of the Muller Theater project, the City would like to get the signal in place as soon as possible.
Development on the other side of the road would require use of the signal as well. To
facilitate the installation of the sign, the City Engineer was requesting authorization to
pre -order the LED traffic signal heads and the mast arms.
The Council discussed the cost of the signal and how it would be funded. It is anticipated that
MnDOT will fund a portion of the cost and the City's share would be assessed to the abutting
property owners. Glen Posusta felt since the Wal-Mart site would be generating the lion's
share of traffic they should be picking up a larger portion of the cost. Bret Weiss indicated
that the signal cost for this intersection and the possible future signal at the intersection of
Cedar Street and School Boulevard would be covered in the development agreement with
Wal-Mart.
GLEN POSUSTA MOVED TO AUTHORIZE WSB TO WORK WITH MNDOT TO PRE-
ORDER THE NECESSARY TRAFFIC SIGNAL EQUIPMENT INCLUDING MAST ARMS
AND LED HEADS. ROGER CARLSON SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
13. Consideration of award of bid for Area 2 Core Street Reconstruction, City Project No.
20011-06c_
City Engineer, Bret Weiss provided background information on the bid results for the project.
Two bids were received with Buffalo Bituminous submitting the low bid of $946,306.50. It
was noted this was construction cost only and indirect costs of 28% would make the total
project cost about $1,250,000. The engineer recommended award of the bid.
There was some discussion on Sandberg Road and how that should be handled. Bret Weiss
stated a letter had been sent to MnDOT requesting a right -in, right out on Sandberg Road.
The City Engineer did not feel MnDOT would be agreeable to that but they have not yet heard
back from MnDOT. If MnDOT does not allow the right -in, right -out access, construction of
a cul-de-sac would be one option. It was noted that the City does not own any additional
right-of-way in the area so any option that would require right-of-way would mean that the
E'?
Council Minutes - 6/14/04
City would have to consider condemnation or purchase of additional land.
Bruce Thielen suggested awarding the contract and authorize the City Engineer to study the
options for Sandberg Road and come back with a change order to cover the work for Sandberg
Road.
ROGER CARLSON MOVED TO AWARD THE AREA 2 CORE STREET
RECONSTRUCTION PROJECT WITH THE SANDBERG ROAD PORTION OF THE
PROJECT CONTINGENT UPON THE RESPONSE RECEIVED FROM MNDOT AND TO
BRING THAT PORTION OF THE PROJECT BACK AS A CHANGE ORDER. ROBBIE
SMITH SECONDED THE MOTION. MOTION CARRIED WITH GLEN POSUSTA
VOTING IN OPPOSITION.
14. Approve payment of bills for June.
Glen Posusta had questions relating to bills relating to engineering services for Cedar Street
and annexation, services supplied by Carefree Lawn and work on the patio for the Mississippi
Room.
ROBBIE SMITH MOVED TO APPROVE PAYMENT OF BILLS. ROGER CARLSON
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY
Added Item
Bruce Thielen suggested setting time aside prior to the next meeting to discuss the funding for the ice
arena as there are still some issues relating to that. Rick Wolfsteller suggest setting a special meeting
for June 21, 2004 at 5:00 to cover the ice arena and any possible agreement on the annexation.
Laurie Dennis from the Monticello Times noted this was the last meeting she would be attending as
she will be moving to Boston. She stated she learned a lot about government during her time
covering the meetings and introduced her replacement
15. Adjourn.
ROBBIE SMITH MOVED TO ADJOURN AT 8:40 P.M. ROGER CARLSON SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
Recording Secretary
Z