City Council Minutes 05-10-1999MINUTES
.REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, May 10, 1999 - 7 p.m.
Members Present: Roger Belsaas, Clint Herbst, Brian Stumpf, Roger Carlson, Bruce Thielen
Members Absent: None
2. A royal of minutes of the re ular meetin held A ril 26 1999.
Councilmember Brian Stumpf requested that Council review the motion far item #8
regarding authorization to prepare plans and specifications for CSAH 75 improvements
and asked whether it was also intended to remove the proposed sidewalk an the north side
from the project as discussed. Mayor Belsaas noted that he had meant to include removal
of the sidewalk in his motion.
AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY
GLINT HERBST TO INCLUDE REMOVAL OF THE SIDEWALK IN THE MOTION FOR
ITEM #8 AND APPROVE THE MINUTES OF THE REGULAR MEETING HELD APRIL 26,
1999, AS AMENDED. Motion carried unanimously.
3. Consideration of adding items to the agenda.
A. Discussion of recent MOAA Board action.
At the MOAA Board meeting held on Wednesday, May 5, 1999, the Board
adopted a land use map which incorporated Exhibit C, established apublic/quasi-
public designation on the YMCA land, and designated the Gold Nugget property
as industrial. The Board also included adoption of existing county agricultural
land use policies as a component of the land use plan. In addition, they placed a
moratorium an annexations within the area covered by Exhibit C pending a public
hearing on July 7 regarding land use changes to the Exhibit C area.
Councilmember Bruce Thielen requested an explanation from the City
representatives to the MOAA Board as to why the vote on the land use map was
contrary to the City Council's recently-adopted resolution. Councilmember Clint
Herbst responded that the joint agreement with the Township was amended to
extend the deadline for adoption of a land use plan to July 7; however, as of
July 1, the Minnesota Municipal Board will na longer accept annexation requests
due to the Board's sunset date of December 31, 1999, which he felt would leave
the City without an agreement.
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Councilmember Thielen stated that without a joint City/Township agreement, the
City would have the option of annexation by state statute, which he felt would be
the best option for the City since the current method of annexation does not seem
to be working. He also pointed out that Councilmember Herbst should represent
the majority of the City Council at the MOAA Board meetings.
Council discussed the Gold Nugget Development area, which was designated for
industrial use by the MOAA Board rather than residential as was requested by the
City Council,lDC, HRA, and Planning Commission.
AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN TO DIRECT
CITY STAFF TO RESEARCH POSSIBLE CHANGES TO THE CITY ORDINANCE
TO ALLOW REMOVAL OF COUNCILMEMBER CLINT HERBST FROM THE
MOAA BOARD DUE TO ACTIONS NOT IN THE BEST INTEREST OF THE CITY,
WITH THE INTENTION THAT IF THE LAND USE ISSUE FOR THE GOLD
NUGGET PROPERTY IS NOT RESOLVED, THE CITY WILL USE ITS OPTION OF
ANNEXATION AS ALLOWED BY STATE STATUTES. STAFF WAS DIRECTED
TO PLACE THIS ITEM ON THE AGENDA FOR THE MAY 24 COUNCIL
MEETING.
City Attorney Paul Weingarden explained that there are some provisions for
removal of same appointees for various causes; laowever, because the ordinance
does not specifically provide for removal of a Council member from the MOAA
Board, there is no method that can be used. He noted that the biggest concern
with drafting an ordinance of this kind is enforceability due to freedom of
expression. Mr. Weingarden also stated that the land use map adopted by the
MOAA Board does not constitute a land use plan as defined by state statutes. I-le
suggested that Council advise the MOAA Board that they are dissatisfied with the
action taken, identify their concerns regarding the Gold Nugget parcel and that it
should remain residential, and that MOAA actions so far do not constitute a land
use plan; therefore, the MOAA Board has not fulfilled the agreement.
COUNCILMEMBER ROGER CARLSON AMENDED THE MOTION TO STATE
THAT THE CHANGES TO THE ORDINANCE BE MADE TO APPLY TO ALL
APPOINTMENTS RATHER THAN SPECIFIC TO REMOVAL OF COUNCIL
APPOINTMENTS TO THE MOAA BOARD. COUNCILMEMBER BRUCE
THIELEN ACCEP'T'ED THE AMENDMENT TO THE MOTION. Voting in favor:
Bruce Thielen, Roger Carlson. Opposed: Roger Belsaas, Clint Herbst, Brian
Stumpf. Motion failed.
A MOTION WAS THEN MADE BY BRUCE THIELEN AND SECONDED BY
ROGER CARLSON TO D[RECT STAFF TO WRITE A LETTER TO THE MOAA
BOARD EXPRESSING THE COUNCIL'S DISSATISFACTION WITH THE
CURRENT PROCESS, THAT THE GOLD NUGGET PROPERTY SHOULD BE
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DESIGNATED AS RESIDENTIAL RATHER THAN INDUSTRIAL, AND THAT
ADOPTION OP' A LAND USE MAP DUES NO'f CONSTITUTE A LAND USE
PLAN. Voting in favor: Bruce Thielen, Roger Carlson, Roger Belsaas, Brian
Stumpf. Opposed: Clint Herbst. Motion carried.
B. Update on Danner Trucking.
Chief Building Official Fred Patch reported that the following steps must occur in
order for Mr. Danner to obtain a building permit:
The City must execute a valid purchase agreement far Parcel No.
15 in the Highway 25 improvement project, based on an accurate
legal description.
2. The City must determine the total of "recent costs for acquisition"
of the land from Parcel No. 15 in the Highway 25 improvement
project.
3. The City must determine a sale price of that portion of Parcel No.
15 to be sold to Mr. Danner.
4. The City and Mr. Danner must execute a purchase agreement for
land to be sold to Mr. Danner.
Mr. Danner must submit all required submittals for building
permit.
Mr. Patch noted that an error in the legal description caused a delay in
negotiations, and the City Attorney has reported that until the settlement of the
litigation and obtaining of the legal description axe done, a purchase agreement
cannot be prepared. In addition, he noted that he has been advised by the City
Attorney not to issue a building permit until Mr. Danner has acquired rights to the
property.
4. Citizens comments/ etitions re uests and com Taints.
A. Ms. Diane Herbst, Chair of the Library Board, reported that $10,000 was included
in the 1999 budget for studying structural damage to the library building,
permanent and temporary repairs, and the need for expansion. It was proposed
that an outside consultant review the extent of the damage. The Library Board is
scheduled to meet again on May 24, 1999.
It was the consensus of Council to direct staff to hire a consultant to study the
damage to the building and report back to the Library Board at its May 24
meeting.
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B. Mr. Tom Giroux stated that he had paid his utility bill late, but the check was
returned with a note stating that an additional $50 had been added to the bill. He
explained that he was trying to work things out with his creditors but felt the
additional fee charged by the City was too high.
City Administrator Rick Wolfsteller explained that the $50 charge is an
administrative fee for the additional cost of mailing notices, publishing the public
hearing notice, etc.
The City Council explained that to remove the administrative charge after the
assessment roll has been adopted would set a precedent, and they did not feel they
could reduce the amount of the bill.
C. Mr. Todd Banek noted that he is in the process of meeting with surrounding
townships and the school district regarding youth sporting activities. He noted
that he would also like to discuss the City's long-range planning for these types of
activities. Council suggested that he first discuss the issue with the Parks
Commission.
5. Consent agenda.
A. Consideration of approving on-sale liQUor license transfer--Joyner Lanes.
Recommendation: Approve the transfer of the liquor license to Duane
Lindenfelser, dba River City Lanes, contingent upon proof of adequate liquor
liability insurance coverage.
B. Consideration of resolution supporting the 10`".anniversary of Rivers of Hope
or and ization. Recommendation: Adopt the proclamation supporting the Rivers
of Hope's efforts and proclaiming May 1 S, 1999, as Rivers of Hope Day in honor
of their 10`" anniversary.
C. Consideration of Chan e~Orde_r^No. 20 City Project #93-14C, Monticello
Wastewater Treatment Plant Ex ansion. Recommendation: Approve Change
Order Na. 20 in the amount of $6,211.
D. Consideration of a re uest for conditional use ermit fora fanned unit
development within the B-3 zoning district and a preliminary plat to allow
outdoor vehicle sales and associated automotive service uses. Applicant:_
Monticello Ford. Recommendation: Approve the conditional use permits far a
PUD and outdoor sales based on a finding that the site plan meets the intent of the
zoning district, and all performance standards of the ordinance are complied with;
and approve the preliminary plat based on a finding that the proposal is consistent
with dimensional requirements of the B-3 zoning district. Approval is subject to
the review comments of the City Engineer and other City staff.
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E. Consideration of a conditional use ermit Fora Tanned unit develo meat in an
R-2 district. A licant: Little Mountain Limited Partnershi .This item was
tabled until the May 24, 1999, Council meeting.
F. Consideration for approval of conditional use taermits far faint parking and
building height in excess of two (~ stories. Applicant: Comfort Inn Motel.
Recommendation: Approve the conditional use permit to allow far joint parking
between the two facilities and approve the conditional use permit to allow far a
three-story building subject to the following cpnditions:
The Planning Commission finds that the criteria for each separate
conditional use permit application is satisfactorily met.
2. The applicant submits a landscaping plan that indicates the type and height
of trees to be used on the site, subject to the review and approval by the
City.
3. The proposed cul-de-sacing of Oakwood Drive is subject to the review and
approval by the City Engineer.
4. Occupancy of the building is contingent upan compliance with all building
and fire codes, including a fire suppression program.
Approval is based on the finding that it is consistent with the direction of the
comprehensive plan and complies with the criteria approving a conditional use
permit found in the Monticello Zoning and Subdivision Ordinance.
G. Consideration of a zoning text amendment to allow externally_lluminated
ro'ectin wall si 7ns. A licant: Cit of Monticello. This item was removed
from the consent agenda for discussion.
H. Consideration of an amendment to the zonin 7 ordinance which allows essential
services as permitted uses in the R-1 zoning district.. Applicant: Cit~f
Monticello. This item was removed from the consent agenda For discussion.
Consideration of sale of remnant parcel to Dave Peterson Ford.
Recommendation: Approve the sale of the remnant parcel at a cost of $3 per
square foot plus the prorated share of the legal/administrative overhead to be
determined. Dave Peterson Ford's share to include the administrative cast to
transfer the property from the City to Dave Feterson Ford.
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Consideration of ado tin resolution orderin ublic hearin on trunk storm
sewer im rovements relatin 7 to CSAH 75 and Trunk Hi hwa 25.
Recommendation: Adopt a resolution ordering a public hearing to be conducted
on May 24, 1999, on the storm sewer improvements related to the CSAH 75 and
Trunk Highway 2S projects to include parcels not included in the original project
notice. SEE RESOLUTION 99-23.
K. Consideration of ado tion of the River View S uare develo meat a reement.
Recommendation: Adopt the development and disbursement agreements.
L. Consideration of a ointin Kathleen Baltos to the osition of Communit Center
Director. Recommendation: Appoint Ms. Kathleen Baltos to the position of
Community Centex Director.
A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO
AFFROVE ITEMS SA, SB, SC, SD, 5F, 5I, SJ, SK, AND SL OF THE CONSENT AGENDA AS
RECOMMENDED. Motion carried unanimously.
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6. Consideration of items removed from the consent a enda for discussion.
G. Consideration of a zonin text amendment to allow externall illuminated
projecting wall sins. Applicant: City of Monticello.
Chief Building Official Fred Patch reported that the proposed ordinance
amendment is the result of an application recently reviewed by the Design
Advisory Team for a projecting wall sign for Metcalf, Larson & Muth, located in
the Central Community District. The proposed sign was found to be consistent
with the goals of the Monticello Downtown and Riverfrant Revitalization Plan;
however, the downtown guidelines are inconsistent with the general regulations of
the zoning ordinance relating to signs. The proposed amendment would allow
externally illuminated projecting wall signs only in the Central Community
District. The Design Advisory Team felt that allowing the projecting signs in the
downtown area would bring back a historical, reminiscent feel to the community.
Concerns were noted by the City Council that the downtown may look cluttered
with the installation of projecting wall signs. It was suggested that if staff could
provide photos of other downtown areas utilizing these types of signs, it may help
give a better visualization of the appearance of the downtown area.
A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER
CARLSON TO TABLE ACTION ON THE ORDINANCE AMENDMENT
ALLOWING EXTERNALLY ILLUMINATED PROJECTING WALL. SIGNS
PENDING ADDITIONAL RESEARCH, AND STAFF WAS DIRECTED TO
PROVIDE PHOTOS FOR COUNCIL REVIEW AT THE NEXT MEETING. Motion
carried unanimously.
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H. Consideration of an amendment to the zonin ordinance which allows essential
services as ermitted uses in the R-1 zonin district. A licant: Cit of
Monticello.
Deputy City Administrator Jeff O'Neill reported that in conjunction with a
discussion regarding booster stations as essential services, it was discovered that
essential services is not currently listed as a permitted use in the R-1 zoning
district. City staff proposed an ordinance amendment to correct this oversight.
A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT
HERBST TO ADOPT AN ORDINANCE AMENDMENT ALLOWING ESSENTIAL
SERVICES AS A PERMITTED USE IN THE R-1 ZONING DISTRICT BASED ON
THE FINDING THAT IT REFLECTS THE INTENT OF THE ZONING ORDINANCE.
Motion carried unanimously. SEE ORDINANCE AMENDMENT NO. 325.
7. Consideration of ado tin 7 a resolution acce tin bids and awardin ra'ect for Trunk
Hi hwa 25 cantin ent u on final MNDOT a royal and trunk storm sewer
im~rov~rnents.
Mr. Ron Bray of WSB & Associates reported that the Trunk Highway 25 improvement is
located from 1-94 to just south of Kjellbergs Mobile Hame Park and includes the addition
of a travel lane in both directions, installation of a raised concrete median to provide left-
turn channelization to the new intersection of Chelsea Road, the modification of the
Oakwood Drive intersection to accommodate interchange improvements which are
anticipated to be completed in the spring of 2000, the relocation of the park-and-ride lot
to an area located south of School Boulevard, the extension of School Boulevard west,
and construction of a frontage road south toward Kjellbergs Mobile Home Park. The
project also includes numerous trunk and lateral sanitary sewer, watermain, and storm
sewer improvements.
Bids for the Trunk Highway 25 project were received on Apri129, 1999. The low bid
was presented by Buffalo Bituminous at $5,44$,000. The City's portion of the project
was estimated at $1.37 million based on the low bid. The total City project cost,
including indirect and right-of--way costs for TH 25 and future extensions of Chelsea
Road and Cedar Street, was estimated at $2.7 million. MNDOT's share of the project
cast based on the low bid is approximately $4.08 million. City Engineer Bret Weiss
noted that much of the City cost for the project would be recovered in the long term
through trunk storm sewer fees collected as property is developed, assessments, right-of-
way purchase by MNDOT, and MNDOT storm sewer payment.
Ron Bray also noted that the cost participation agreement is in the process of being
prepared, and he recommended that award of the project be made contingent on final
approval of the MNDOT cooperative agreement and City approval of trunk storm sewer
system improvements.
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Public Works Director John Simola noted his concern regarding maintenance of the
signal system at the entrance and exit ramps at Oakwood Drive and maintenance of the
300 catch basins. Mr. Bray responded that MNDOT has stated they will assist in
maintenance of the catch basins. However, MNDOT's policy regarding signals states
that if a city street is involved, the City is responsible for maintenance. Negotiations will
continue on the issue of signal maintenance.
The Public Works Director also noted that the trunk storm sewer policy affects only
undeveloped property. Any developed property would be assessed for trunk storm sewer,
and he wanted to make sure all property owners were notified of the pending assessment.
City Attorney Paul Weingarden suggested that award of the project be contingent on
completion of the public hearing process.
AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED
BY ROGER CARLSON TO ADOPT A RESOLUTION ACCEPTING BIDS AND AWARDING
THE CONTRACT TO BUFFALO BITUMINOUS, INC., IN THF, AMOUNT OF $5,448,000
CONTINGENT UPON FINAL APPROVAL OF THE MNDOT' COOPERATIVE
AGREEMENT, CITY APPROVAL OF THE TRUNK STORM SEWER SYSTEM
IMPROVEMENTS ALONG TH 25, AND COMPLETION OF THE PUBLIC HEARING
PROCESS FOR TRUNK STORM SEWER ASSESSMENTS. Motion carried unanimously.
SEE RESOLUTION 99-24.
8. Consideration of ro ased Li date to the trails and athwa lan and consideration of
authorization to stud ark dedication fee to include trail fee.
Deputy City Administrator Jeff O'Neill reported that, due to the various projects
occurring throughout the city, the Parks Commission recently reviewed the existing park
and trail plan for possible modifications to meet the emerging need for separation of
pedestrian and vehicle traffic. In addition to updating the pathway system, the Parks
Commission also suggested that the City Council consider modifying the current park
dedication fee to include a pathway development surcharge.
Pathway modifications in the following areas were recommended by the Parks
Commission:
Fallon Avenue Svuth of School Boulevard
In conjunction with the Klein Farms 5`" project, it is proposed that a pathway be extended
along Fallon Avenue from its current location at School Boulevard to the entrance of the
Klein Farms 5`" development. Since the MOAA plan. identities a large area to the south
for future residential development, it is recommended that an off-road pathway be
extended down Fallon Avenue to coincide with future development of this area.
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County Road l$
The County Road 18 project includes a provision for a pathway to be constructed at some
point in the future. The current plans for the project do not include construction of the
pathway; however, they do include grading necessary to install the pathway at some point
in the future. Due to the County's involvement in upgrading County Road 18 and the
support received from residents, it is suggested that the pathway plan be adjusted to show
a pathway extending along County Road 18. The pathway would not be constructed with
the County Road I8 project but would be constructed at such tune that funds axe
available. In addition, the pathway easement would need to be purchased.
Mississippi River Walk Connection ~ Bondhus/Hospital District Bypass
The initial pathway plan included the creation of a river walk connecting Mississippi
Drive through the wastewater treatment plant property to the hospital campus; however,
the link cannot be made at this time because the City does not have complete site control.
Mr. John Bondhus owns a segment separating the City easement at Mississippi Shores
from the wastewater treatment plant property but at this time is not interested in
providing the City with a pathway easement. As an alternative, the Public Works
Director and Park Superintendent have proposed a temporary bypass by extending the
pathway From Mississippi Drive along the boundary of the Bondhus and wastewater
treatment plant properties to Hart Boulevard. The path would then be extended along
CSAH 7S to Washington Street rather than through the Bandhus and 1-lospital property
along the river.
Pathwny Funding Program Development
The Deputy City Administrator reported that the Parks Commission proposed that the
City Council consider establishing a pathway funding program which would be used to
collect funds from new development for extension of pathways to growing areas. The
funding mechanism calls for establishing an average cost per lot for extension of
pathways to a developing area. The fund would allow the City to pool resources from the
development area and avoid the problems associated with assessing only the adjoining
property owner for the project cost. This charge would be applied to construction of
pathways serving general areas; pathways needed to connect individual residential areas
to the main pathways designated on the plan would continue to be funded directly by the
developer. It was also noted that the pathway policy would need to be compared to the
current sidewalk grid system policy for possible conflicts.
A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT HERBST TO
APPROVE THE AMENDMENTS TO THE PATHWAY PLAN AS PROPOSED BY THE
PARKS COMMISSION. Motion carried unanimously.
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Council Minutes - 5/10/99
Councilmember Clint ~-lerbst suggested that staff discuss with Mr. Bondhus the idea of
swapping a pathway easement for CSAH 75 assessments in order to complete the river
walk connection.
A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON
TO DIRECT STAFF TO COMPLETE A STUDY DETERMINING TEIE PROPER AMOUNT
FOR THE PATHWAY DEDICATION FEE AND DEVELOP POLICCES FOR
IMPLEMENTATION OF THE FEE PROGRAM FOR FUTURE CITY COUNCIL APPROVAL
AND POSSIBLE PUBLIC COMMENT PROCESS. Motion carried unanimously.
9. Consideration of urchasin a ~-ft wide stri of land for access to arkin lots from
Broadway.
Economic Development Director Ollie Koropchak reported that Mr. Bill Grassl, owner of
Domino's Pizza, has offered the City of Monticello an opportunity to purchase a 6-ft by
155_ ft strip of the downtown parcel described as the west 17 tt of .Lot 10 and east 26 ft of
Lot 11, Block 35. This strip of land would allow the City to carry out the goals and
objectives of the Downtown and Riverfront Revitalization Plan by creating a public
access or walkway between Broadway businesses and the rear public/private parking lot.
In addition, she noted that Mr. Grassl is also interested in asking the HRA to swap his lot
for the one located next to the MCP office.
Council members noted that they wauld be interested in creating a public walkway from
Broadway to the parking lot; however, they felt that the land swap should f rst be
discussed with the HRA.
AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED
BY ROGER CARLSON TO TABLE ACTION ON THIS ITEM PENDING FURTHER STUDY
BY THE PIRA REGARDING THE PROPOSED LAND SWAP. Motion carried unanimously.
10. Consideration of urchase of the ro ert owned b Jim Eisele located ad'acent to
community center site.
Deputy City Administrator Jeff O'Neill reported that Mr. Jim Eisele has offered to sell
his garage and land to the City and accept relocation expenses for a total amount of
$156,000. The sale wauld be contingent on Mr. Eisele obtaining approvals for
development of a similar facility on a portion of property recently purchased by Jeff
Michaelis for his bulk oil facility. It was noted that the City did not need to acquire this
site from Mr. Eisele for the community center to develop and operate; however,
acquisition of the building and the associated site control would benefit the City by
providing storage space for vehicles and equipment. In addition, Mr. O'Neill noted that
in the past the National Guard has expressed interest in leasing space from the City for
maintenance of Guard vehicles.
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Council discussed whether it would be best For the Guard to purchase the property
directly from Mr. Eisele and what price would be charged by the City to lease the space.
AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED
BY CLINT HERBST TO TABLE ACTION ON THIS ITEM PENDING ADDITIONAL
RESEARCH BY CITY STAFF. Motion carried unanimously.
11. Consideration of bills for the first half of May 1999.
A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON
TO APPROVE THE BILLS FOR THE FIRST HALF OF MAY 1999 AS PRESENTED.
Motion carried unanimously.
A MOTION WAS MADE BY ROGER CARLSON AND SECONDED BY BRUCE THIELEN TO
ADJOURN THE MEETING. Motion carried unanimously.
Taken e / oty
Deputy ity erk
Approved by Jeff O'Neill, Deputy City Administrator
!1
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