City Council Minutes 12-08-2003MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, December 8, 2003 - 7 p.m.
Members Present: Roger Carlson, Glen Posusta, Robbie Smith, Brian Stumpf and Bruce Thielen
Members Absent: None
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 the November 24, 2003 regular Council meeting.
BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 241,
2003 REGULAR COUNCIL MEETING. GLEN POSUSTA SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
3. Consideration of adding items to the agenda.
Bruce Thielen added review of a draft of annexation information to the agenda. Glen
Posusta requested that discussion of the letter sent to the Wright County Board regarding the
annexation also be added to the agenda. Roger Carlson added a request of the HRA to the
agenda. Brian Stumpf requested that agenda items #7, approval of final budget and levy and
#9, renewal of refuse contract and recycling contract, be added to the consent agenda.
4. Citizen comments/petitions, requests and complaints.
Mayor Thielen explained the purpose of the citizens comment portion of the agenda.
Richard Quick of 113 East Fourth Street, requested that the Council consider installation of a
crosswalk at 4`' Street and TH 25. He noted that TH 25 is a state highway and he felt unless
the City actively sought installation of a crosswalk nothing would happen. He pointed out
that there was a crosswalk in place until about two years ago. It was removed when TH 25
was resurfaced. City Engineer, Bret Weiss stated that the placement of a crosswalk would
be at the discretion of MnDOT but indicated that there are some reservations about placing
crosswalks on major corridors. Bret Weiss stated that vehicles are suppose to stop when a
pedestrian is in the intersection regardless of whether there is a crosswalk or not. Bret Weiss
will check with MnDOT to see if the crosswalk will be replaced and will report back to the
Council and Richard Quick with their response.
Council Minutes - 12/8/03
Marla Hughes, 147 Hedman Lane spoke to the Council regarding two issues; the proposed
townhome development along Prairie Road and the intersection of Prairie Road and CSAH
75. Brian Stumpf indicated that the townhome development is on the agenda as item #10
and comments relating to the development would be considered at that time. The
intersection of Prairie Road and CSAH 75 was addressed in a memo by the City Engineer
which was also sent to Marla Hughes and this item would be discussed further as part of the
agenda item relating to the feasibility report for Prairie Road.
Scott Douglas, Monticello Fire Chief, expressed his concern about the number of
townhomes being constructed in the city. He suggested that the Council look at the number
of townhomes proposed for construction and try to offset that number with single family
units. Glen Posusta asked about the townhome structures being sprinkled. Jeff O'Neill
responded that the 8 -unit structures in Spirit Hills are required by building code to be
sprinkled but a typical townhome unit does not require that sprinklers be installed. Jeff
O'Neill also stated that the Planning Commission has discussed establishing a ratio of
townhome to single family home construction with a 2 to 1 ratio of single family homes
being favored. A special meeting of the Planning Commission is proposed for January, 2004
to discuss this ratio and to get input from the public.
5. Consent agenda.
A. Consideration of ratifying new hires for the community center and Assistant to
Community Development Director. Recommendation: Ratify the hires as
identified.
B. Consideration of approving license for Walt's Pawn Shop. Recommendation:
Approve renewal of the pawn shop license for Walt's Pawn Shop.
C. Consideration of fund transfers for 2003. Recommendation: Approve the transfers
for 2003 as recommended.
D. Consideration of review of nine month liquor store financial report.
Recommendation: Accept financial report for the first nine months as presented.
E. Consideration of calling for a public hearing on changing the name of Oakwood
Drive to Edmonson Avenue between Chelsea Road and School Boulevard.
Recommendation: Call for public hearing to be conducted on January 26, 2004 to
consider changing the name of Oakwood Drive to Edmonson Avenue.
F. Consideration of amendment to Comprehensive Plan to allow front yard parking on
Block 17. Applicant: Wells Fargo. Recommendation: Approve the amendment to
2
Council Minutes - 12/8/03
the Comprehensive Plan based on a finding that this design is the most appropriate
site plan for the site given the need to expand the building and the location of the
site.
G. Consideration of a request for a simple subdivision for 824 East River Street.
Applicant: Kaz/Pingel. Recommendation: Approve the simple subdivision as
proposed based on the finding that the subdivision will result in two parcels with
dimensions and setbacks that are in conformance with city code. Motion is
contingent upon submittal of a certified survey.
H. Consideration of approving a conditional use permit to allow for first floor
residential units in the CCD and concept stage approval for a PUD. Applicant: Barry
Fluth/Landmark Square Phase H. Recommendation: Move to recommend approval
of the conditional use permit to allow ground level residential dwellings within the
CCD district based on the comments from staff as follows:
1. The number of ground level dwelling units be decreased from 11 to 10.
2. The three parcels of land that comprise the subject property either be combined (if the project
is to be owned by a single entity) or replatted in a configuration that allows individual unit
sales.
3. The site's access driveway (from Locust Street) be increased from 20 to 22 feet in width.
4. Direct garage access to public streets be prohibited.
5. The site plan should be revised to improve accessibility to garages 5,6,8 and 9.
6. Safety concerns over the possibility of simultaneous backing maneuvers from garages 10 and
11 be addressed to the satisfaction of the City.
7. A landscape plan be submitted which specifies the location, size and variety of all site
plantings.
8. The submitted building elevations be modified to specify building materials.
9. Cross access easement be established with the Phase 1 site (to the north) subject to review
and approval by the City Attorney.
10. A photometric lighting plan be submitted which indicates the location and illumination levels
of all outdoor lighting.
11. The City Engineer provide comment regarding grading, drainage and utility issues.
I. Consideration of final plat for Carlisle Village First Addition. Recommendation:
Approve the final plat of Carlisle Village First Addition subject to updating the plat
document to satisfy comments by the City Engineer. Plat approval also contingent
on execution of a development agreement as prepared by the City Attorney.
J. Consideration to approve second amendment to loan agreement between the City and
Twin City Die Castings. Recommendation: Approve the second amendment to the
loan agreement between the City of Monticello and Twin City Die Castings
Company.
W?
Council Minutes - 12/8/03
K. Consideration of authorization to prepare feasibility report and preliminary surveying
for Cedar Street/Dundas Road/Edmonson Avenue. Recommendation: Authorize
preparation of feasibility report for Edmonson Avenue and update the feasibility
report for Cedar Street and Dundas Road subject to receiving the developer deposit.
L. Consideration of authorization for feasibility study and preliminary surveying for
Hillside Farms Stormwater Outlet. Recommendation: Authorize preliminary survey
and preparation of a feasibility report for the Hillside Farms stormwater outlet.
M. Consideration of approval of maintenance agreement with Wright County for 2003.
Recommendation: Approve the 2003 Maintenance Agreement with Wright County
for snow and ice removal on portions of CSAH 75 and CSAH 39 paying the City a
total of $12,276.38 for the year 2003.
Brian Stumpf requested that item #5I be removed from the consent agenda and questioned
on item 5K whether the City would have to hold another public hearing. City Engineer,
Bret Weiss indicated that a public hearing would be necessary. Brian Stumpf asked how the
contract agreement in 5M compared to last year. John Simola, Public Works Director
noted the County had increased funding to the City above the amount in the agreement of the
previous year. Robbie Smith also had a question on agenda item #5B and whether the
property owner had been contacted about the non-compliance. City Administrator, Rick
Wolfsteller, indicated that he had been approached verbally concerning the matter but that
there had been no official letter of notification. Rick Wolfsteller indicated it was being
raised at this point to find out if this was something the Council felt should be pursued. If it
is the item should be removed from the consent agenda and amended to add whatever
direction the Council wants the staff to take.
ROBBIE SMITH MOVED TO APPROVE THE CONSENT AGENDA WITH THE
REMOVAL OF ITEMS #5B AND #5I AND THE ADDITION OF ITEMS #7 AND #9.
ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
6. Consideration of items removed from the consent agenda for discussion.
Agenda item #5B, renewal of pawn shop license for 149 West Broadway. Robbie Smith
stated that he requested this item be removed so that if the Council wanted to address the
issue of the merchandise on the sidewalk it could be done as part of the motion on the
license renewal. Bruce Thielen stated that with the merchandise displayed on the sidewalk
there were liability issues for the City to consider. Rick Wolfsteller felt directing the staff to
issue a letter to the property owner would be appropriate. Brian Stumpf questioned since it
is a matter covered under city ordinances if it needed to be tied to the license renewal.
4
Council Minutes - 12/8/03
ROBBIE SMITH MOVED TO APPROVE RENEWAL OF THE PAWN SHOP LICENSE
FOR 149 WEST BROADWAY CONTINGENT UPON LICENSE HOLDER
COMPLIANCE WITH CITY CODE ON OBSTRUCTIONS IN PUBLIC RIGHT OF WAY.
ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
Agenda item #5I, final plat for Carlisle Village. Brian Stumpf noted on the final plat
included in the agenda packet the plat included a street called Cobblestone Court. He noted
that a Cobblestone Court already exists and he cautioned about allowing duplicate street
names. Staff will check into this.
BRIAN STUMPF MOVED TO APPROVE THE FINAL PLAT OF CARLISLE VILLAGE
FIRST ADDITION SUBJECT TO UPDATING THE PLAT DOCUMENT TO SATISFY
COMMENTS OF THE CITY ENGINEER AND CONTINGENT UPON EXECUTION OF
A DEVELOPMENT AGREEMENT AS PREPARED BY THE CITY ATTORNEY.
ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
7. Consideration of resolution adopting final budget and tax levy for 2004.
This item to adopt a resolution setting the 2004 final budget and tax levy in the amount of
$6,957,915 was approved as part of the consent agenda.
8. Consideration of salary schedule adjustments for 2004.
City Administrator, Rick Wolfsteller, provided background on this item pointing out that the
Council has normally set the salary adjustments at the last meeting of the year. The Council
was provided information concerning the consumer price index increases and a survey of
area communities and what they are proposing for cost of living adjustments. Glen Posusta
felt it was ironic that City would increase compensation to their employees when the City
was losing tax capacity value. He did not feel there should be any increase given to the
employees.
Rick Wolfsteller responded that the tax capacity valuation had increased but the City's tax
capacity rate had decreased from 65 to 62. He noted that if a property owners valuation
remained the same, his city tax would be less. Brian Stumpf stated that for the past several
years the City's portion of the property tax has been minimally increased and he felt the
Council has been conscientious in their budget process. He also felt it was appropriate to
provide reasonable increases to employees in order to retain good employees and based on
the survey of area communities, a 3% increase was not out of line.
BRIAN STUMPF MOVED TO APPROVE A 3% COST OF LIVING ADJUSTMENT FOR
2004. ROGER CARLSON SECONDED THE MOTION NOTING THE CITY HAS BEEN
E
Council Minutes - 12/8/03
CONSERVATIVE IN THE PAST WITH COST OF LIVING INCREASES AND THIS
INCREASE IS COMPARABLE WITH WHAT OTHER COMMUNITIES ARE DOING.
MOTION CARRIED WITH GLEN POSUSTA VOTING IN OPPOSITION.
In further discussion, Glen Posusta stated he did not feel anybody on staff was being
underpaid and that this type of action was why Monticello had one of the higher tax rates
among cities. Rick Wolfsteller clarified that in surveying area communities the City had
asked only about salary increases and not changes to other employee benefits.
9. Consideration of renewal of refuse contract and recycling contract with Onyx.
This item with the recommendation to renew the garbage/refuse pickup and recycling
contract with Onyx for three years with a 2 1/2% increase over the current contract price was
approved as part of the consent agenda.
10. Consideration of a request for conditional use permits to allow townhouse units in an
R-2 District and request for preliminary plat approval. Applicant: Homestead Multi -
Family Development Corp.
This item was tabled until the City Planner, Steve Grittman, arrived. The Council moved on
to consider agenda item #12 . After discussion of feasibility report for Prairie Road and
with the arrival of the City Planner, the Council considered this item.
Steve Grittman provided background on the proposed development and submitted a sketch
showing the layout of the 6 four -unit structures. He added that unlike other townhome
developments, all the streets in this development would be public streets. Because of some
of the issues relating to Prairie Road, the developer is requesting the Council to table action
on this item. He would pursue development of just a portion of the project. Brian Stumpf
asked if this revised development area comes back to the Planning Commission for review.
Steve Grittman recommended that because of the change in scope, the Planning Commission
should look at it again.
BRIAN STUMPF MOVED TO TABLE ACTION ON THE CONDITIONAL USE
PERMITS FOR HOMESTEAD MULTI -FAMILY DEVELOPMENT CORP. AND
PRELIMINARY PLAT APPROVAL PENDING FURTHER REVIEW BY THE
PLANNING COMMISSION. ROBBIE SMITH SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
11. Consideration of amendment to Downtown Revitalization Plan to allow building
setback to accommodate front yard parking on Block 52. Applicant: Steve Johnson
City Planner, Steve Grittman, presented background on the request for an amendment to the
R
Council Minutes - 12/8/03
Downtown Revitalization Plan and reviewed a sketch of the proposed development. The
Downtown Revitalization Plan calls for continuing of the traditional downtown pattern that
Monticello has with buildings following a zero setback. The proposal forgoes the zero lot
line for buildings and has a parking lane constructed in the front. Staff recommended
against the amendment to the Downtown Revitalization Plan because it did not follow the
traditional downtown pattern of Monticello but was more typical of a suburban
development. The Design Advisory Team also reviewed this proposal and they felt parking
along the road frontage might be more appropriate along TH 25 but felt the zero setback
should be maintained along Broadway.
Council felt there was a need for a joint meeting of the Planning Commission, Design
Advisory Team, HRA and staff to look at the impact of the proposed amendment. Steve
Grittman noted the developer does not have full control of all the properties in the
development area. Staff recommended tabling action on the amendment pending a joint
meeting between the HRA, Planning Commission and Design Advisory Team. It was felt
that a joint meeting would be a good way to come up with a consensus.
Steve Johnson stated that he has been in touch with the property owners on the block. A key
consideration is whether the setback could be accomplished. Steve Johnson felt to proceed
with negotiations without knowing about the setback would be premature. Steve Johnson
stated they have a concept drawing for the proposed Walgreens which is similar to other
stores in the area. Walgreens feels this certain layout works in suburban settings as well as
small towns. Walgreens has minimum criteria for their sites and one of them is the setback.
It is questionable whether Walgreens would pursue this site if the amendment was not
approved.
BRUCE THIELEN MOVED TO SET A JOINT MEETING OF THE HRA, COUNCIL,
PLANNING COMMISSION, DAT AND PROPERTY OWNERS FOR DECEMBER 22,
2003 AT 5:30 P.M. ROGER CARLSON SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
Steve Andrews was asked if property owners would be given a chance to speak at this
meeting. Bruce Thielen indicated they would be allowed input on the discussion.
Kevin Heaton owner of the building at 113 West Broadway stated he has not been
approached by anyone about this project. If the developer is allowed the exception for the
setback, he is concerned it could impact the value of his property.
ROBBIE SMITH MOVED TO TABLE THE REQUEST TO AMEND THE CITY'S
COMPREHENSIVE PLAN RELATING TO THE DEVELOPMENT OF BLOCK 52.
BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
7
Council Minutes - 12/8/03
12. Consideration of authorizing feasibility report and preliminary surveying for Prairie
Road.
This segment of roadway is in the City's reconstruction program but it has not yet been
determined what year reconstruction will take place. Jeff O'Neill noted that the road is
narrow 24'-28' and there is also an adjacent ditch which makes it less conducive for
pedestrian traffic. At this time the City has not received any petition from property owners
requesting improvement to the road. Any improvements to the road would be funded by
assessments and other city funding mechanisms. If sidewalk was proposed for this roadway
and was on the grid system, the City would pick up 75% of the cost of construction with the
remaining 25% being assessed. Jeff O'Neill stated that the townhome development has
pushed forward consideration of improving the roadway but it would have been addressed
anyway as part of the street reconstruction program. It is proposed that the developer will be
paying a portion of the cost of the feasibility study. Brian Stumpf asked if the developer
would be putting in sidewalk as part of his development and how the assessments would be
handled.
Bruce Thielen asked if the feasibility report would cover the pedestrian crossing at CSAH 75
and Bret Weiss indicated it would not. He stated that this had been looked at one time and
that the information on the crosswalk could be submitted to the Council again. Bruce
Thielen felt the pedestrian crossing should be addressed as part of the feasibility study.
Marla Hughes spoke about problems with the road and pedestrian traffic. She noted there
currently is no sidewalk on Prairie Road and the bus company drops the students off where
there is some distance they have to travel by foot on the roadway. She stated that the
intersection has been eliminated at CSAH 75 and Prairie Road so the next intersection is at
Pinewood Elementary School. Marla Hughes said she understands why the intersection
couldn't have gone straight across at CSAH 75 but she questioned why the City couldn't
angle the intersection rather than eliminate it. Marla Hughes stated that the changes to
intersection did not improve safety but made it more dangerous. In addition, the City is now
considering adding 24 units on a road that is already very narrow and substandard in design.
Bruce Thielen stated that this is an emotional issue. The City in looked at the changes to the
intersection trying to come up with a solution that improved the safety. CSAH 75 is a
county road and not under the City's jurisdiction. The feasibility report will address the
issue of making Prairie Road safer. Marla Hughes asked if it wasn't the responsibility of the
City to make the road safer before the development goes in. Brian Stumpf stated it is not
uncommon to have development and road improvements taking place simultaneously.
Council Minutes - 12/8/03
Bret Weiss stated it is not recommended to have unsignalized crosswalks on roads where
there are speeds in excess of 35 mph. He would not recommend a crosswalk at the
intersection unless there was a signal. He added that the City does not control where the bus
drops the students off nor where people choose to cross the road. The only alternative
would be to put in a signal but the intersection does not meet those warrants. Bruce Thielen
added that City can only control what happens on City streets and since CSAH 75 is a
county road, Ms. Hughes might also want to contact the county with her concerns. Marla
Hughes asked why Prairie Road was narrowed. Bret Weiss responded that it was done so
that the driver is at a 90% angle at the intersection and can see the traffic coming. Marla
Hughes noted that people are cutting the corner short when they are turning onto Prairie
Road. John Simola suggested working with county to establish a crossing at a more
appropriate location like Montissippi Park.
Matt Onnen, 118 Balboul Circle felt the issue was the increased amount of traffic that is
going to be on Prairie Road because of the proposed development. It is not just the
intersection that is unsafe but the roadway itself. He felt that the road should be upgraded
before the development takes place. Bret Weiss responded that if the development is to
move forward the street should be upgraded at least up to the development but the Council
could look at improvements all the way to CSAH 75. Mr Onnen reiterated that he
development should not take place until the road is improved.
Jeff O'Neill stated that the developer is requesting that consideration of the site plan be
tabled. Brian Stumpf felt that tabling consideration of the development plans shouldn't
hinder the Council from going forward with the feasibility study.
BRIAN STUMPF MOVED TO AUTHORIZE PRELIMINARY SURVEY AND
PREPARATION OF A FEASIBILITY REPORT SUBJECT TO THE DEVELOPER
UPFRONTING $4,500 TOWARDS THE STUDY AND INCLUDING AS PART OF THE
FEASIBILITY REPORT CONSIDERATION OF A PEDESTRIAN CROSSING AT
PRAIRIE ROAD AND CSAH 75. ROGER CARLSON SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
Roger Carlson asked if this work would be done in conjunction with the county. Bret Weiss
indicated it would since the City would have to work with the county on a location for the
crossing. Robbie Smith asked if staff would request observation of traffic at the intersection
by the Sheriff's Department.
13. Approve payment of bills for December.
ROGER CARLSON MOVED TO APPROVE PAYMENT OF THE BILLS. BRUCE
THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
Ii
Council Minutes - 12/8/03
Added Items:
A copy of information on questions asked relating to the proposed annexation was distributed to the
Council. Mayor Thielen asked the Council to review the information and get it back to Brian
Stumpf as soon as possible so the information could be finalized.
Glen Posusta commented about the letter that was sent to the Wright County Board of
Commissioners regarding the annexation resolution passed by the board. Glen Posusta stated that
he did not feel this letter was appropriate since it had been sent without the approval of the Council.
He felt the letter should be rescinded and questioned the accuracy of some of the statements in the
letter. Bruce Thielen stated that County took a stand on the annexation by adoption of the
resolution and there were inaccuracies within their resolution. The letter from the City pointed out
those inaccuracies and questioned why the County took a stance on this particular annexation.
GLEN POSUSTA MOVED TO HAVE THE LETTER OF DECEMBER 3, 2003 TO THE
WRIGHT COUNTY BOARD OF COMMISSIONERS RESCINDED BASED ON THE FACT
THAT THE LETTER WAS NOT APPROVED BY THE ENTIRE CITY COUNCIL AND THE
MAYOR DID NOT HAVE THE RIGHT TO DRAFT SUCH A DOCUMENT. THERE WAS NO
SECOND TO THE MOTION AND THE MOTION DIED FOR LACK OF A SECOND.
Roger Carlson noted that the HRA had discussed having joint meeting with other City boards so that
the various governing boards could come up with a consensus on developments and the
comprehensive plan.
011ie Koropchak added as a question to the adoption of the final budget and levy, whether the levy
amount had been reduced by the amount of the payback proposed by the EDA. Rick Wolfsteller
noted that the City had provided funds to the EDA as seed money for the EDA loan program. The
EDA has offered to pay back some of the money in exchange for reducing the tax levy in the
amount of the loan pay back. Rick Wolfsteller indicated if the Council wanted to do that they could
amend their motion to adopt the budget and levy to reflect that. While the Council representatives
on the EDA were aware of the proposal to repay the loan they were not aware that it required a
reduction in the levy amount. 011ie Koropchak indicated that was set forth in the guidelines. The
consensus of the Council was that the pay back could be done as part of the 2005 budget process.
Jeff O'Neill updated the Council on a proposal by Dan Olson for expansion of his building. He
noted the entrance will be off Walnut and shows head in parking.
14. Adjourn
ROBBIE SMITH MOVED TO ADJOURN AT 8:45 P.M. GLEN POSUSTA SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
0 W..k� �,- �-� S
Recording Secretary
10