City Council Minutes 06-25-2007
City Council Minutes: 6/25/07
MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday June 25, 2007 - 7 p.m.
Members Present:
Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie
Wojchouski.
Members Absent:
None
1. Call to Order and Plede:e of Allee:iance
Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The
Pledge of Allegiance was said.
2. Approve minutes of June 11. 2007 Ree:ular Council Meetine:.
BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE JUNE 11,2007
REGULAR COUNCIL MEETING. TOM PERRAULT SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
3. Consideration of addine: items to the ae:enda.
The following items were added to the agenda: I) Update on group homes; 2) Resolution
supporting special session for passing tax bill; 3) Striping on a public street and 4) Bids for
2007 seal coating work.
4. Citizen comments. petitions. reauests and concerns.
None.
5. Consent Ae:enda:
A. Consideration of ratifying hires and departures for Parks, Water and MCC.
Recommendation: Ratify the hires and departures as identified.
B. Consideration of monthly renewal of pawn shop license for Walt's Pawn Shop.
Recommendation: Approve the renewal of the pawn shop license for Walt's Pawn
Shop for another month.
C. Consideration of an amendment to the development agreement for Carlisle Village 5th
Addition. Recommendation: Approve the amendment to the development contract
for Carlisle Village 5th Addition, based on a finding that the amendment is consistent
with the previous approvals for development.
D. Consideration of accepting proposal for Human Resources Consulting Services.
Recommendation: Rescind the previous Council motion to hire a Personnel Director
on a part-time basis and instead authorize entering into a contract with Sherrie Le for
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personnel services and authorize preparation of a revised job description establishing a
full-time position in the area of Human Resource development.
E. Consideration of approving a reduction in retainage from 5% to 1 % on the contract for
the interchange project, City Project No. 2004-01 C. Recommendation: Approve the
reduction of the 5% retainage amount ($461,289.24) to 1 % ($92,257.85) on Project
No. 2004-01, CSAH I8/I-94 Interchange and authorize payment to R.L. Larson in the
amount of $369,031.39.
F. Consideration of accepting feasibility report for Tower Drive Improvements, City
Project No. 2007-08C. Recommendation: Accept the feasibility report and authorize
the preparation of plans and specifications for City Project No. 2007-08C.
G. Consideration of approving a request for concept stage planned unit development for a
proposed commercial development. Applicant: 251 PartnershiplMike Schneider.
Recommendation: Approve the request for concept stage approval, subject to
conditions listed in exhibit Z listed below, based on the finding that the proposed
commercial development is consistent with the intent and performance standards of
the B-3, Regional Business District and meets the review elements of a General
Concept Plan. 1) The applicant comply with the recommendations of the Planning
Commission on 6/5/07 and contained within the 6/5/007 staff report as related to:
a) Parking b) Streets c) Tree Preservation d) Open Space e) Signs f) Grading and
Drainage g) Easements h) Sanitary Sewer i) Curbing Barrier j) Provide detailed
building schematics k) setbacks and I) Circulation and 2) The applicant comply with
the recommendations of the City Engineer s detailed in the letters dated 4/23/07 and
the letters from the consulting engineer dated 4/23/07 and 5/23/07.
H. Consideration of approving a request for amendment to Planned Unit Development for
expansion of open and outdoor storage. Applicant: Sunny Fresh Foods.
Recommendation: Approve the amendment to a Planned Unit Development for
expansion of open and outdoor storage based on a finding that the proposed expansion
is consistent with the original terms of the Planned Unit Development for Sunny Fresh
Foods subject to the following conditions: 1) Applicant shall verify the actual height
of the proposed silos and 2) All lighting proposed for the site shall be in compliance
with the standards of the Zoning Ordinance.
1. Consideration of approving an amendment to a conditional use permit for open and
outdoor storage, open and outdoor sales and display and automobile repair-light in a
B-4 (Regional Business) District. Applicant: Moon Motorsports. Recommendation:
Approve the amended Conditional Use Permit for Moon Motorsports to allow for
open and outdoor storage, outdoor sales and display and light auto repair, based on a
finding that the proposed use is consistent with the performance standards of the B-4
District and the conditions of approval, subject to the following conditions: 1) The
landscape plan shall be modified to illustrate that each individual lighting standard is
landscaped; 2) The applicant shall provide additional plantings on the south side of the
east-west access drive and adjacent to the fence surrounding the outdoor storage area;
3) The applicant shall provide landscaping within the Chelsea Road boulevard; 4) The
photometric plan shall be revised to verify that readings at the property line will not
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exceed one footcandle; 5) All wall pack lighting shall be comprised of full cutoff
fixtures to mitigate any glare; 6) The property owner shall be responsible for any
future construction of a 5- foot wide concrete sidewalk along the entire south edge of
the site within Chelsea Road right-of-way with back of walk I foot from property line;
7) The applicant shall add additional aesthetic features to the back side of the building
facing Chelsea. Said features include, but are not limited to, additional glass coverage
and vertical details; 8) The applicant shall comply with all recommendations of the
City Engineer as outlined in the memo dated 5/21/07 prepared by Bruce Westby and
the consulting engineer as outlined in the memo from WSB dated 5/22/07; 9) A
building permit shall be required for the proposed fence and 10) Wherever fuel pumps
are to be installed pump islands shall also be installed.
J. Consideration of adoption of resolution supporting State of Minnesota bonding request
relating to acquisition of the YMCA property. Recommendation: Adopt the
resolution supporting placement of purchase of the YMCA in the State Bonding Bill.
i
K. Consideration of accepting Kampa Estates Drainage Improvements, City Project No.
2006-21C and approving request for final payment. Recommendation: Accept the
work done under the Kampa Estates Drainage Improvement Project, City Project No.
2006-21C and approve final payment to Fyle's Excavating in the amount of$278.00.
L. Consideration of approving appointment of Terry Berg to the Finance Director
position. Recommendation: Appoint Terry Berg to the Finance Director position.
M. Consideration of approval of Riverside Cemetery Fence Donation program.
Recommendation: Approve all current and future contributions through the
Riverside Cemetery fence donation program and authorize use funds for cemetery
improvements.
N. Consideration of authorization to proceed on process for establishing a Stormwater
Utility Fee program. Recommendation: Authorize WSB & Associates, Inc. to
prepare the report which will outline recommendations toward preparing the process
and establishing a Storm Water Utility.
O. Consideration of amendment to City ordinance regulating traveling shows.
Recommendation: Adopt the revisions to the City Ordinance regulating traveling
shows.
P. Consideration to prepare change orders for Dalton Avenue, Dalton Court, and Dalton
Way Street and Utilities and Appurtenant Work, City Project No. 2006-15C.
Recommendation: Approve Change Order #1 to City Project No. 2006-15C, Dalton
Avenue, Dalton Way and Dalton Court Improvements to R.L. Larson Excavating in
the amount of$40,000.
Items #5B, #5D,#5F, #5J,#5N and #50 were pulled form the consent agenda.
WAYNE MAYER MOVED TO APPROVE THE CONSENT AGENDA CONSISTING OF
ITEMS #5A, #5C, #5E,#5G, #5H, #51, #5K, #5L, #5M, AND #5P. SUSIE WOJCHOUSKI
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SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
6. Consideration of items removed from the consent al!enda for discussion.
#5B License for Walt's Pawn Shop: Clint Herbst said he is assuming the City is giving a
month to month license to the pawn shop so that if items came up that were not addressed, the
City could consider suspension or revocation of the license. It was noted at the last renewal
that there were a number of violations ofthe conditional use permit such as the parking of
boats and vehicles on the site. The property owner was sent a certified letter regarding the
violations but has not picked the letter up. Clint Herbst felt the license should be pulled.
Legal counsel, Tom Scott said the license holder does have the opportunity to be heard before
the City takes that step. Tom Scott suggested the Council direct staff that at the next meeting
to consider non-renewal of the license and to inform the license holder that would be his
opportunity to speak to the Council on the issue. Clint Herbst stated the City had tried to
work with the license holder to get all the issues resolved and to get the property into
compliance with the ordinances.
BRIAN STUMPF MOVED TO RENEW THE PAWN SHOP LICENSE FOR WALT'S
PAWN SHOP FOR THE MONTH OF JULY AND TO DIRECT STAFF TO INITIATE THE
PROCESS FOR REVOCATION OF THE PAWN SHOP LICENSE. TOM PERRAULT
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
#5D Human Resources Consulting Services: Tom Perrault felt it should be discussed further
as to what option the City wants to pursue. Jeff O'Neill outlined what had transpired thus far
in the City's effort to fill their Human Resources need. Up to this point it was proposed that
the Human Resources person would be a part-time position (25 hours a week) at a salary
range of $29-$38/hour. A number of candidates were interviewed for the position. The
Personnel Committee looked at the position again and felt a consultant could be put on to do
the main projects such as rewriting the job descriptions and updating the pay equity system.
At that point the City would bring in a lesser qualified person to handle the rest of the work
for Human Resources.
Sheri Le submitted a proposal for consulting services estimated at $17,000. Jeff O'Neill said
he would prefer to have Sheri Le for a part-time position for two years and then at the end of
two years they could evaluate the Human Resources position again. Susie Wojchouski stated
that the hourly rate for Sheri Le as a part-time employee would be $37-$38/hour and she
wondered what her rate as a consultant would run. Jeff O'Neill indicated that as a consultant
Sheri Le would make more than the hourly rate proposed for a part-time Human Resources
person. Her hourly consultant rate is $95/hour.
Wayne Mayer asked why it would take Sheri Le longer to do the proposed projects if she was
hired as a consultant than it would if she was hired as a part-time employee. Wayne Mayer
said that as a member of the Personnel Committee when he leamed that Sheri Le was going to
be charging $50,000-$55,000 a year for a part-time position he suggested advertising for the
position. Susie Wojchouski asked about the candidates interviewed and was informed they
were all good candidates. Wayne Mayer asked what the minimum amount of time would be
needed in order to transition into a full time Human Resources position and what would be the
minimum time frame on a consulting basis for Sheri Le. Jeff O'Neill indicated he did
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not have that specific information. He felt in the next 18 months they would be able to get a
great deal of it done. The primary duties vfould be the pay equity and rewriting of the job
descriptions and she may also be involved [with the reorganization of city staff
Wayne Mayer suggested that staff approach some the local industrial and commercial
companies in Monticello and find out what their criteria were in establishing a Human
Resources Department. Jeff O'Neill said most human resources people would be okay with
handling the day to day stuff but the pay equity, job descriptions and succession planning
were beyond the day to day scope. Wayne Mayer would like to see some type of feedback
from the businesses on how they addressed the Human Resources positions. He felt getting
some guidelines is what the City is looking for. Jeff O'Neill felt going out to the business
firms would only prolong the process. Clint Herbst asked if staff knew for sure that the City's
pay equity system is out of line. He suggested selecting a few positions to determine if the
system did require major changes. Wayne Mayer felt a fresh look at the pay equity system
may be good using someone else other than Sheri Le. Since Sheri Le had worked on the
original pay equity program the City would only have one person's perspective if she was to
work on it again.
Clint Herbst felt this should go back to the Personnel Committee. Brian Stumpf asked that
the Personnel Committee look at the amount of time (18 months) and see ifit could be done
sooner than that.
SUSIE WOJCHOUSKI MOVED TO TABLE ACTION ON THE HUMAN RESOURCES
POSITION UNTIL THE NEXT MEETING. BRIAN STUMPF SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
#5F Feasibility Report for Tower Drive: Tom Perrault noted that there would be two
projects going on in this area at the same time, the street and storm sewer work and the
painting of the water tower. He questioned whether that would create any problems. Bruce
Westby verified that the projects would be overlapping and that the main issue would be the
dust generated by the road project. John Simola stated that contractor painting the water
tower is doing full containment. If it is a problem the Tower Drive road project could be
pulled back to a later date.
Wayne Mayer noted the reference in the feasibility report about the fiber optic line and asked
that the Council recommend that the project provide conduit for the incumbent line and future
City fiber optic lines.
WAYNE MAYER MOVED TO ACCEPT THE FEASIBILITY REPORT FOR THE
TOWER DRIVE IMPROVEMENTS, CITY PROJECT NO. 2007-08C AND AUTHORIZE
THE PREPARATION OF PLANS AND SPECIFICATIONS WITH THE ADDITION OF
PROVIDING FOR CONDUIT AS NEEDED ALONG THE EASTERLY ROW OF
PARKING STALLS. TOM PERRAULT SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
#5J Resolution supporting State of Minnesota bonding request relating to acquisition of
YMCA property: Tom Perrault felt the request for funding for this project is not appropriate
since it benefits only those who use it.
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BRIAN STUMPF MOVED TO ADOPT THE RESOLUTION SUPPORTING PLACEMENT
OF PURCHASE OF THE YMCA PROPERTY IN THE STATE BONDING BILL. WAYNE
MAYER SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT
VOTING IN OPPOSITION.
Susie Wojchouski asked if this obligates the City to 1/3 of the cost and Jeff O'Neill indicated
it did not.
#5N Authorization to proceed on a process for establishing a storm water utility fee
program: Tom Perrault requested more information on this item. Clint Herbst felt until the
City gets the report back the City won't know whether or not to proceed with establishing it.
The estimated cost for the report is $2,500. City Engineer, Bruce Westby said this program
would generate revenues that would go towards the maintenance of existing and future storm
sewer systems. Susie Wojchouski asked ifthe report would cover what surrounding
communities charge. Wayne Mayer asked who was going to be preparing the report. Bret
Weiss said while their office has done these programs they will be working with City
Engineer Bruce Westby in the preparation of the report.
WAYNE MAYER MOVED TO AUTHORIZE WSB & ASSOCIATES, INC. TO PREPARE
THE REPORT WHICH WILL OUTLINE RECOMMENDATIONS TOWARD
PREPARING THE PROCESS AND ESTABLISHING A STORM WATER UTILITY.
SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
#50 Ordinance amendment regulating traveling shows: Wayne Mayer had two concerns
one dealing with the length of time for the permit and the other with the hours of operation.
The ordinance had a permit time of seven days. Allowing three days for set up and inspection
would only allow operation for four days. He felt the permit should be extended to eight days
which would allow an extra day for operation and take down. In Section 3-3-9(F) which
deals with hours of operation he felt it should be stated that the hours of operation are from 10
a.m. to 10 p.m. unless modified by Council. Brian Stumpf questioned the need to extend the
length oftime for the permit.
WAYNE MAYER MOVED TO ADOPT THE AMENDMENT TO THE ORDINANCE
REGULATING TRAVELING SHOWS WITH THE REVISIONS TO SECTION 3-9-6
EXTENDING THE LICENSE PERIOD TO EIGHT DAYS AND SECTION 3-9-9(F)
STATING HOURS OF OPERATION ARE FROM 10 A.M. TO 10 P.M. UNLESS
MODIFIED BY COUNCIL. TOM PERRAULT SECONDED THE MOTION. MOTION
CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION.
7. Consideration of adoptin2 rental property licensin2 ordinance. property maintenance
code and fee schedule thereof.
Clint Herbst stated a workshop had been held prior to the regular meeting to discuss and
address issues relating to the proposed rental property licensing ordinance. Brian Stumpf
didn't feel all ofthe issues had been adequately discussed. He felt there was too much
potential for trouble and he would like to see some revisions based on what was discussed in
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the workshop. Clint Herbst asked ifthe Building Department staff would go through the
inspection information from HUD and MHF A and get back to the Council if these agencies'
inspections are lacking in certain areas and also look at the fee changes suggested. This
information can be considered at the next meeting if all the information is obtained. Gary
Anderson asked if there were any other concerns the Council wanted to address at this time so
that everything could be dealt with at the next meeting and not have to be brought back again.
This will come back as a regular agenda item. Tom Scott indicated that the staff and legal
counsel should be able to do the research and make the changes for the next meeting.
SUSIE WOJCHOUSKI MOVED TO TABLE ADOPTION OF THE RENTAL PROPERTY
LICENSING ORDINANCE, PROPERTY MAINTENANCE CODE AND FEE SCHEDULE
UNTIL THE NEXT MEETING. TOM PERRAULT SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
8. Consideration of a declaration of ne2ative EA W imuact - Auulicant: Mills Prouerties.
Inc.
Consulting Engineer, Bret Weiss noted that the 30 day comment period for the Environmental
Assessment Worksheet for Mills Fleet Farm had passed and to date no comments had been
received from any agencies. Therefore they were recommending the City issue a Negative
Declaration of need for an EIS for Mills Fleet Farm.
TOM PERRAULT MOVED TO ISSUE A NEGATIVE DECLARATION OF NEED FOR
AN EIS FOR MILLS FLEET FARM DEVELOPMENT. BRIAN STUMPF SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
9. Consideration of a request for Comurehensive Plan Amendment for a chan2e in land
use desi2llation from industrial to commercial and a request for rezonin2 from I-tA
(Lililit Industrial) to B-3 (Limited Business) - North side of East Chelsea Road.
Auulicant: Mills Prouerties. Inc.
Consulting Planner, Steve Grittman provided the background information for agenda items #9
and #10 relating to rezoning issues for the Mills Fleet Farm site. The property on the north
side of Chelsea Road is a 2.3 acre site. The applicant is requesting a comp plan amendment
to change the use from industrial to commercial and a rezoning of the property from I-IA to
B-3 or B-4.
The Planning Commission met on this item on June 5, 2007 and met on the parcel on the
south side of Chelsea Road in May and again in June. Both sites are guided as industrial and
are requested to be changed to commercial. The south site is the location for the main store
and the north parcel would be the site of the convenience store/gas station. Brian Stumpf
pointed out that at the meeting in May only three of the Planning Commission members were
present and in June four of the members were present.
The Planning Commission recommended 2-1 against any change to the comp plan and
rezoning for the property on the south side of Chelsea Road but recommended 2-1 in favor of
the rezoning and comp plan amendment for the property on the north side. The staff report
laid out the pros and cons which Steve Grittman briefly summarized. Factors supporting the
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rezoning included: 1) Location of industrial with current transportation facilities and
development pattern. There are new conditions in this area since the comprehensive plan was
adopted. With the interchange in place, this area would be considered a strong commercial
site; 2) Site is consistent with commercial land use traits because ofthe freeway exposure; 3)
Adjacent land uses are not exclusively industrial. The current land use pattern is industrial
land to the east and west, commercial land to the south and to the northeast and vacant land to
the north so it is a mixed use area.
Factors to consider in not rezoning the site include an increase of traffic on Chelsea Road and
different types oftraffic use. Incompatible interest of commercial site could affect the value
of industrial property. It was noted the opposition was not to the Mills Fleet Farm but the
location proposed for the facility.
Brian Stumpf noted under the alternatives there was an option for rezoning the site to a PUD
district. He asked if there were other areas in the community that work for a PUD district or
would this type of district create havoc. Steve Grittman respond that a PUD district would
allow the City to look at it site by site. It could be transition zoning or site specific zoning.
Clint Herbst said when you go with a PUD district it seems to say that the City is not
comfortable with the zoning ordinance. Perhaps rather than covering all developments as a
PUD the City should be looking at changing the zoning ordinance. He felt since the City
knows what is going in on this site there is no need for a special zoning designation. Brian
Stumpf would prefer not to see another zoning designation established. Clint Herbst asked
how the proposed development on the north side of Chelsea Road differed from the Moon
Motorsports development on the other end of town. Steve Grittman responded that it did not
differ a whole lot. He noted the B-3 district contains essentially auto type facilities such as
those for sales, service and repairs. The B-4 is a broader designation so if the Council is
going to rezone they should consider the B-4 zoning. Wayne Mayer asked what the
ramifications were if the Council made this B-3 and everything else B-4. Steve Grittman
didn't feel either rezoning would be a problem. Spot zoning is if you zone something that
would be incompatible with future uses. B-3 or B-4 would be compatible. Susie Wojchouski
said that she had been opposed to the location of the Mills Fleet Farm because she felt it was
necessary for the City to recruit industry. With the economic situation making recruiting of
industries less likely it may not be possible to get an industry to this site. The opportunity to
get a facility that would make Monticello a regional shopping area is hard to pass up. Wayne
Mayer felt the question is whether the zoning should be B-3 or B-4. He would like to see the
B-4 zoning be adopted.
WAYNE MAYER MOVED TO APPROVE THE REQUEST FOR A COMPREHENSIVE
PLAN AMENDMENT AND REZONING TO B-4 TO ACCOMMODATE THE MILLS
FLEET FARM MOTOR FUEL STATION AND ACCESSORY USES BASED ON
FINDINGS INCLUDED AS EXHIBIT V DATED JUNE 20,2007 AS FOLLOWS: I) THE
SUBJECT SITE IS CONSISTENT WITH CLASSIC COMMERCIAL LAND USE
CHARACTERISTICS; 2) THE EXISTING SURROUNDING LAND USES ARE NOT
EXCLUSIVELY INDUSTRIAL 3) THE REQUESTED ACTION WOULD NOT RESULT
IN SPOT ZONING; 4) THE HIGHEST AND BEST USE OF THE LAND IS
COMMERCIAL AS THE CITY HAS A LIMITED AMOUNT OF LAND AVAILABLE
WITH DIRECT FREEWAY EXPOSURE; 5) THE HIGHEST AND BEST USE OF THE
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LAND IS COMMERCIAL DUE TO THE FACT THAT THE CONSTRUCTION OF THE
CSAH 18 INTERCHANGE HAS CHANGED THE NATURE OF THE AREA ADDING
FREEWAY ACCESS AND HIGHER TRAFFIC VOLUMES; 6) THE INCREASED
TRAFFIC ON CHELSEA ROAD WILL NOT HAVE A DETRIMENTAL EFFECT ON
EXISTING PROPERTIES; AND 7) THE REQUEST WILL NOT CAUSE LAND IN THE
AREA IN WHICH IT IS PROPOSED TO DEPRECIATE. TOM PERRAULT SECONDED
THE MOTION.
Tom Scott wanted verification that findings listed for the rezoning to B-3 would apply to B-4
zoning as well. Steve Grittman indicated it would.
MOTION CARRIED UNANIMOUSLY.
10. Consideration of a reauest for Comprehensive Plan Amendment for a chanee in land
use desienation from industrial to commercial and a reauest for rezonine from I-IA
(Lieht Industrial) to B-4 (Rel!ional Business) - South side of East Chelsea Road.
Applicant: Mills Properties. Inc.
Steve Grittman indicated there was no additional background information to be provided and
he would address any questions the Council may have. This site would be the location for the
main building. Tom Perrault stated that another location had been looked at in the area of
Chelsea Road/Dundas Road/Edmonson A venue and he wondered why that site would not
work for Mills Fleet Farm. Bruce Buxton stated that although the site was similar in size it
was not visible from 1-94. The site was surrounded by four streets so there would be four
street assessments. There would be multiple landowners involved so negotiation for the
acquisition ofthe site would be more difficult. The site was some distance back from TH 25
and didn't offer any visibility to the public. Lastly the cost for the site was not feasible. Susie
Wojchouski asked if there were any other sites they had considered. Mr. Buxton stated they
looked at a site to the south which had power lines running through it which would keep them
from placing a facility of their size on the site. They had looked four sites but they were
narrow and didn't allow placement of the building on the site as well as meeting the parking
and setback requirements of the ordinance.
Wayne Mayer asked when there would be a ground breaking for the facility. Ron Brezinski,
CFO for Mills Fleet Farm said that was not known at this time. They try to do one new
facility a year. When the planning process is completed they can then do the calculations to
determine when the site should be developed.
WAYNE MAYER MOVED TO APPROVE THE REQUEST FOR A COMPREHENSIVE
PLAN AMENDMENT AND REZONING TO B-4 , REGIONAL BUSINESS TO
ACCOMMODATE MILLS FLEET FARM RETAIL STORE BASED ON THE FINDINGS
FOR APPROVAL INCLUDED AS EXHIBIT V OF THE JUNE 25, 2007 COUNCIL
REPORT AS FOLLOWS: I) THE SUBJECT SITE IS SURROUNDED BY A MIX OF
LAND USES AND THE AREA IS NOT EXCLUSIVELY INDUSTRIAL; 2) THE
REQUESTED ACTION WOULD NOT RESULT IN SPOT ZONING; 3) THE HIGHEST
AND BEST USE OF THE LAND IS COMMERCIAL DUE TO THE LIMITED AMOUNT
OFLAND WITH THE CITY WITH FREEWAY EXPOSURE; 4) THE HIGHEST AND
BEST USE OF THE LAND IS COMMERCIAL AS THE CONSTRUCTION OF THE
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CSAH 18 INTERCHANGE HAS CHANGED THE NATURE OF THE AREA ADDING
FREEWAY ACCESS AND HIGHER TRAFFIC VOLUMES; 5) THE INCREASE
TRAFFIC ON CHELSEA ROAD WILL NOT HAVE A DETRIMENTAL EFFECT ON
EXISTING PROPERTIES AND 6) THE REQUEST WILL NOT CAUSE LAND IN THE
AREA IN WHICH IT IS PROPOSED TO DEPREClA TE. TOM PERRAULT SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
Susie Wojchouski commented that the City needs to remain truthful to the industrial users and
that if anything comes about the City will make sure to act on any questions of incompatible
uses to ensure that issues are worked out. It is a partnership between the businesses,
industries and the City. Brian Stumpf thanked those who offered comments on the issue and
stated that he felt industry and commercial can be compatible uses.
11. Consideration of a reauest for a Conditional Use Permit for Concept Sta2e and
Development Sta2e Planned Unit Development approval for a multi-tenant shoppin2
center. a Conditional Use Permit for Outdoor Stora2e. a Conditional Use Permit for a
car wash. a Conditional Use Permit for a motor fuel station/convenience store. a
Conditional Use Permit for minor auto repair. and preliminary plat approval.
Applicant: Mills Fleet Farm.
Steve Grittman reviewed the agenda item and the site plan which was reviewed by the
Planning Commission on June 12, 2007. The CUP is for concept and development stage
PUD. Eighteen conditions were proposed to be applied ifthe Council approved the comp
plan amendment and rezoning. Of the eighteen conditions, nine were agreed to by the
applicant and four were stricken by the Planning Commission. The remaining five would be
considered as part of the Council approval. The items deleted by the Planning Commission
related to 1) Allowing only one access on Chelsea Road; 2) The use of pavers in the
pedestrian crossing and handicap accessible areas of the parking lot; 3) Showing the entrance
to a lot that is proposed for future development and 4) The cap of the silo shall be cream or
white in color rather than orange. The Planning Commission voted 3-1 in favor of approving
the CUP for the PUD, the CUP for outdoor storage, the CUP for car wash, motor fuel
station/convenience store, and minor auto repair and the preliminary plat.
The conditions remaining to be resolved include: 1) Size of the pylon sign; 2) Temporary cul-
de-sac at the east end of Dundas Road; 3) Location of fuel pumps; 4) Revisions of the
elevations to the retail store and 5) Revisions to the car wash design.
The applicant was requesting a pylon sign 50 feet in height and 400 sq ft of area while staff
was recommending 32' in height and 200 sq ft in area. While the Planning Commission had
recommended a compromise between the two they did not specify what size they felt would
be acceptable.
The condition calling for the temporary cul-de-sac at the east end of Dundas road west of the
Mill Fleet Farm site to become a permanent cul-de-sac was discussed but the Planning
Commission was not sure these improvements should be part of Mills Fleet Farms cost. Clint
Herbst asked what reason the City wanted to keep that part of Dundas Road. He felt the
property could be vacated and go back to the original property owners. John Simola said as
long as they have the proper site distance and snow storage the City is okay. Bret Weiss said
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they have to get the property owners to a~ee to work out the access issues. The City would
keep any easements they have. Bret Weiss said there is no reason the City would want to
keep the right-of-way but he questioned whether the property owners could resolve the issues.
Clint Herbst asked where the cul-de-sac would be located. Bret Weiss said it would not all go
within the right-of-way but would encroach onto the Mills Fleet Fann site. Wayne Mayer
agreed that it would be nice to be able to vacate the street. He questioned the value of having
a stub road. Susie W ojchouski asked if any promises had been made to anyone relating to
Dundas Road. John Simola felt you have to involve those property owners in the decision
Clint Herbst felt this item needed further investigation.
The reorientiation of the gas pumps was recommended based on one access to the north site.
If the City allows the two accesses the relocation of the pumps would not be necessary. The
Council felt the convenience store site needed two accesses for movement of traffic and safety
considerations.
The Planning Commission felt additional fa9ade improvements to the building should be
made and those improvements should be specified in continued discussions with Mills Fleet
Fann.
Fa9ade improvements to the rear exposure of the car wash facility was recommended. The
Planning Commission felt as a commercial site with the exposure it has to the freeway there
should be some additional improvements made but did not specifY what.
Bruce Buxton addressed the five items. The car wash site has an 85' easement on the north
side adjacent to the freeway. That land is being used for stacking for cars entering the
carwash. He noted that the carwash is a harsh environments and the design of the building
was meant to withstand those conditions. Clint Herbst stated they weren't suggesting drastic
change in design merely dressing up what is there. Bruce Buxton felt because the ordinance
required that they landscape so that the building is 60% opaque to the freeway the design
dressing was not necessary. The building is 14' high and with the landscaping most people
won't even see the carwash from the freeway.
As far as architectural changes to the building, Mills Fleet Farm offered to take the Council,
Planning Commission and staff down to see their facility in Rochester which is currently
under construction. Wayne Mayer asked if the pylon sign being used at Rochester was the
same one they were proposing for Monticello. The City of Rochester allowed them to place
the 400 square foot sign that they had originally asked for here. Bruce Buxton stated that the
400 sq. ft. sign is allowed by conditional use permit under city ordinance. Wayne Mayer
asked why staff wanted the sign area reduced. Jeff O'Neill said there was no other sign
competition so staff felt it could be smaller. Steve Grittrnan said the sign of that size is
allowed specifically for shopping centers where there are multiple tenants. Mills Fleet Fann
felt they were a shopping center even though they are the only tenant in the facility. Wayne
Mayer stated he did not understand why the City was trying to impede their strategy. He felt
if it was within City ordinance why not give it to them. Steve Grittrnan responded that this
is a single tenant use not a shopping center. Wayne Mayer felt if you want to limit signs you
achieve it by changing the sign ordinance. Otherwise the City should permit the signage
allowed by ordinance. Staff indicated that 32' x 200' is what the ordinance would allow.
Rod Dragsten, Planning Commission Chair noted that in looking at the sign, they looked at
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City Council Minutes: 6/25/07
the size of the building proposed. It was noted that the silo with the colored dome which is
the Mills Fleet Farm trademark is more oftheir signature than the sign on the interstate which
is why they left the sign area at 200 square feet. Brian Stumpf felt because of the size of the
building the larger sign could be justified.
Bruce Buxton reviewed the store design and how they tried to break up the big box
appearance. Susie Wojchouski asked about the pavers on the pedestrian walkway. Bruce
Buxton said the pavers create depressions for ice and are slippery. The truncated domes alert
pedestrians that they are going into traffic. Tom Perrault asked what the width of the
entrances would be. He is concerned with the increased amount of traffic on the road that
there is adequate width for trucks. Bruce Buxton stated Mills Fleet Farm has agreed to
install turn lanes which could be added as part of the Chelsea Road project. He noted the
extra entrance would have a larger radius for truck traffic.
Bruce Buxton brought up the issue of storm water from the gas station site. They were of the
understanding that the runoff would be directed to what is known as the Fallon pond. They
were informed that the runoff needs to be going to the School pond. The Fallon pond is closer
and they would prefer that be where the runoff is directed. He added that they are required
to have a spill prevention plan in place for their operation. Bruce Westby stated the Fallon
pond was not sized to accommodate the runoff from the north site. John Simola stated if the
Fallon pond receives a spill it would go right into the wellhead system. If the spill occurs at
the School pond it goes through a series of ponds before it goes to the Mississippi. John
Simola said they could review with Mills Fleet Farm how to get the water to the School pond
and what to do if there is not enough elevation. Staff felt redirecting the flow to the School
pond was the way to go. The engineer felt changes in elevation or increase in pipe size would
allow the runoff to be directed to the School pond. Bruce Buxton stated he was not prepared
to discuss increases in the pipe size. He asked if the Fallon pond had an oil skimmer or any
kind discharge preventer at the outlet. Bret Weiss felt directing the flow to School pond
could be more costly. John Simola stated he had been prepared to make an objection to the
EA W but because he was told that the runoff was going to go to the School pond he didn't
write the letter of objection. Had he known the flow was not going to School pond that letter
would have been sent.
Jeff O'Neill asked the staff to discuss more about going from 2 accesses to I access for the
gas station site. Bruce Westby reviewed the reasons they had requested only one access to the
property. The traffic volumes and speed on the roadway (45 mph) indicate this is a minor
arterial, On a minor arterial you try to limit private driveways to one to every 140' of space.
He felt they could redo the site design and realign the pumps so there would be sufficient
room for trucks to dump their fuel and leave making only one access necessary. Clint Herbst
felt because of the nature of what is happening out there it would be in the best interest to
have to two accesses.
BRIAN STUMPF MOVED TO APPROVE THE REQUEST FOR A CONDITIONAL USE
PERMIT FOR CONCEPT STAGE AND DEVELOPMENT STAGE PLANNED UNIT
DEVELOPMENT APPROVAL FOR A MULTI-TENANT SHOPPING CENTER, A
CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE, A CONDITIONAL USE
PERMIT FOR A CAR WASH, A CONDITIONAL USE PERMIT FOR A MOTOR FUEL
STATION/CONVENIENCE STORE, A CONDITIONAL USE PERMIT FOR MINOR
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City Council Minutes: 6/25/07
AUTOR REPAIR AND PRELIMINARY PLAT APPROVAL FOR MILLS FLEET FARM
WITH THE CONDITIONS OF EXHIBIT Z AS MODIFIED: 1) TWO ACCESSES WILL
BE ALLOWED FOR THE CONVENIENCE STORE SITE THUS ELIMINATING
CONDITION #13; 2) THE PL YLON SIGN APPROVED AS REQUESTED BY
APPLICANT 50 FEET IN HEIGHT AND 400 SQUARE FEET OF AREA; 3)
CONDITIONS #9, #14 AND #15 SHALL BE LOOKED AT FURTHER. WAYNE MAYER
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
Stewart Mills thanked the Council and staff for the courtesy extended to them and gave a
history of their firm. He pointed out that they did not request any assistance from the City
such as TIF to locate in Monticello.
12. Consideration of award of bids for Chelsea Road ImDrovement Pro iect. City Proiect No.
2006-31C.
The City received 13 bids for the project with Latour Construction submitting the low bid.
The base bids ranged from $1,291,907 to $1,639,891. As part of this project four alternates
were bid: 1) Concrete pipe, 2) HDPE pipe; 3) Pathway with concrete pipe or 4) Pathway with
HDPE pipe. The bid was less than the engineer's estimate. WSB recommended moving
forward with the bid using the concrete pipe. If the City decided to proceed with the pathway
it would add approximately $64,000 to the project cost. Once the Council determines what
alternatives they would approve the assessments would be recalculated and brought back to
the Council.
Brian Stumpf asked why they felt the City should go with concrete pipe even though it is
more costly. Bret Weiss responded that concrete pipe is part of the City design standards.
This road would carry a lot of traffic and they feel concrete would hold up better. RCP is
more stable and less likely to crush.
Brian Stumpf stated he is not in favor of the trail that is being proposed and Susie W ojchouski
concurred. Jeff O'Neill responded that the City is putting a lot of traffic on the road. He felt
this segment of pathway would have a lot of use because of the school and residential areas.
Wayne Mayer felt for the price it would be worth it to have this pathway in place. Susie
W ojchouski stated the industries didn't want a lot of pedestrian traffic going through an
industrial area. Clint Herbst asked ifthe City would be picking up the cost for the pathway.
Bret Weiss said the other option is to have the property owners construct the pathway as
development occurs. Shawn Weinand stated when they committed to the project they
supported a pathway on Chelsea Road. Their assessment includes the pathway. Wayne
Mayer wanted to emphasize the Fallon Avenue overpass safety issues and that is a reason for
the pathway. With the bid coming in less than the engineer's estimate that cost savings could
be utilized for installation of the pathway. The original feasibility report covered expanding
the pond at the reservoir site but that was pulled out of the project. The wellhead protection
group wanted the pond lined but that was not included in the project. The pond issue will be
something that will be coming back at a future date.
Brian Stumpf asked how much money had been set aside for assessment. Bret Weiss
responded $844,000 for this project which included the pathway and lighting. The agreement
with Weinand is that the road would be constructed with a pathway. Susie Wojchouski asked
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City Council Minutes: 6/25/07
for verification that the industries were not1being assessed for the pathway and lighting. Bret
Weiss indicated that was his understanding. Tom Perrault stated when the Fallon Avenue
overpass comes in he would look at the pathway but at this time he does not support it.
WAYNE MAYER MOVED TO AWARD THE CONTRACT FOR CHELSEA ROAD
IMPROVEMENTS, CITY PROJECT NO. 2006-31 C TO LATOUR CONSTRUCTION
BASED ON THE TOTAL BID ALTERNATE #3 WITH RCP PIPE AND PAVING A
BITUMINOUS TRAIL FOR A TOTAL OF $1,793,671.98. CLINT HERBST SECONDED
THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN
OPPOSITION.
13. Consideration of rieht-of-wav issues includine sale of excess rieht-of-wav and
acquisition of needed rieht-of-wav on the Chelsea Road Improvement Proiect No. 2006-
31C.
This item is tied to the Chelsea Road improvement project. The project includes changes to
the intersection of Chelsea Road and Fallon A venue with Fallon Avenue being moved to the
east. This realignment will create about 10,000 square feet of excess right-of-way. In order
to add a right turn lane and eliminate a curve on Chelsea Road 2,800 square feet of right-of-
way will need to be acquired from WCG Building Partners.
Bret Weiss stated that WCG has been working with City on relocation of the entrances to
their facility. WCG is looking at expanding their facility and could use the excess right-of-
way for parking needs. They are requesting that they receive the excess Fallon Avenue right-
of-way in exchange for the right-of-way needed for Chelsea Road. Clint Herbst felt
improvements to the site and the building expansion would be valid reason to consider the
right of way exchange but he would like to see some plans from the property owner before
making that decision.
TOM PERRAULT MOVED TO TABLE ACTION ON THE RIGHT-WAY ACQUISITION
AND DISPOSITION. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
Added items:
Group Homes: Residents have expressed some concem about the process of approving group
homes. Jeff O'Neill stated group homes are regulated by state and county and does not allow for
City to regulate where they should be placed. It is felt that group homes provide a service. State
legislature is being asked to adjust regulations so that group homes couldn't be concentrated in one
area.
Resolution on Special Session: The Council was being asked to support a special session of the
Legislature to get the tax bill passed. Because of the veto of the tax bill, the City of Monticello is
looking at 10% loss of revenue.
BRIAN STUMPF MOVED TO ADOPT THE RESOLUTION SUPPORTING A SPECIAL
SESSION TO ADOPT THE TAX BILL. CLINT HERBST SECONDED THE MOTION. MOTION
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City Council Minutes: 6/25/07
CARRIED UNANIMOUSLY.
Striping: Brian Stumpf stated Sandberg Road south of Chelsea Road has a lot of on street parking
and he was wondering if staff could look into striping the parking spaces. John Simola indicated in
the past the City had marked crosses to show the parking area but he would look into it and bring it
back at the next meeting. Jeff O'Neill noted that General Rental is using their parking for outside
sales and storage which is in violation oftheir conditional use permit.
Clint Herbst asked about the erosion problem on Sandberg Road. Bruce Westby reported that they
have looked at the problem but have not come up with a solution as to what to do about it. The City
has a lift station in the area that they need to access so the City needs the road for that purpose. John
Simola also pointed out that there is an area of developable property along the edge of the pond.
Clint Herbst asked the staff to look into that.
2007 Sealcoating Bids: John Simola reported that three bids were received for the 2007 sealcoating
work with the low bidder being Allied Blacktop of Maple Grove with a bid of$39,201.05. The area
proposed for sealcoating is the Cardinal Hills area covering Eider Lane, Falcon Drive and Mallard
Lane. Wayne Mayer asked if the City had any history with this vendor. John Simola indicated that
the firm had done other work in the City.
WAYNE MAYER MOVED TO AWARD THE CONTRACT FOR THE 2007 SEALCOATING
WORK TO ALLIED BLACKTOP COMPANY OF MAPLE GROVE, MINNESOTA IN THE
AMOUNT OF $39,201.05 WITH THE PROJECT TO BE COMPLETED PRIOR TO THE START
OF THE SCHOOL SEASON ON AUGUST 24,2007. TOM PERRAULT SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
Biosolids: Tom Perrault asked John Simola for an update on the biosolids proposal. John Simola
said the City has received a letter from Sunny Fresh outlining what they are willing to do which
includes construction of additional treatment facilities. The City is also talking to the City of Otsego
about a joint venture. Information will be brought back to the Council in 3-4 weeks.
14. Consideration of approvinl!: payment of bills for June. 2007.
WAYNE MAYER MOVED TO APPROVE PAYMENT OF BILLS. TOM PERRAULT
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
15. Adiourn.
The meeting was adjourned at 10:20 p.m.
Q~ ~ ;vQs..~~~~
Recording Secretary 0
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