City Council Minutes 09-08-2003MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, September 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.
2A. Approve minutes of August 20, 2003 special Council meeting.
BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE AUGUST 20,2003
SPECIAL COUNCIL MEETING. ROGER CARLSON SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
2B. Approve minutes of August 25, 2003 Budget Workshop.
ROGER CARLSON MOVED TO APPROVE THE MINUTES OF THE AUGUST 25, 200
BUDGET WORKSHOP. BRIAN STUMPF SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
2C. ADDrove minutes of Au(ust 25.2003 regular Council meetinLy.
GLEN POSUSTA MOVED TO APPROVE THE MINUTES OF THE AUGUST 25, 2003
REGULAR COUNCIL MEETING. ROGER CARLSON SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
3. Consideration of adding items to the aLyenda.
Brian Stumpf added a discussion of streets signs for the core city project area and private
hydrants to the agenda. Robbie Smith added discussion of the city's compost facility to the
agenda. Glen Posusta requested that items #5F and 45H be removed from the consent agenda
for discussion.
BRIAN STUMPF MOVED TO ADD AGENDA ITEMS #8 AND #9 TO THE CONSENT
AGENDA. ROBBIE SMITH SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
4. Citizen comments/petitions, requests and complaints.
Mayor Thielen explained the purpose of the citizen comments portion of the agenda. No one
spoke under citizen comments.
1
Council Minutes - 9/8/03
-5. Consent agenda.
A. Consideration of ratifying new hires for the Community Center. Recommendation:
Ratify new hires as identified.
B. Consideration of approving additional full-time liquor store clerk/stock person position.
Recommendation: Authorize adding a full-time clerk/stock person position for
afternoons, evenings and weekends for the liquor store.
C. Consideration of approving final settlement agreement on WWTP litigation.
Recommendation: Accept the settlement agreement as presented.
D. Consideration of resolution authorizing sale of WWTP Refunding Bonds.
Recommendation: Adopt the resolution authorizing for the sale of approximately
$12,500,000 in GO Sewer Revenue Refunding Bonds, Series 2003B. Res. No. 2003-63
E. Consideration of final plat of Featherstone First Addition Residential Subdivision.
Recommendation: Approve the final plat of the First Addition of the Featherstone
Residential Plat contingent upon execution of a development agreement and contingent
on final review by the City Engineer.
F. Consideration of a request for an interim use permit allowing outside storage as a
principal use in an I-2 zoning district. Applicant: Jay Morrell/JME of Monticello.
Recommendation: Approve an interim use permit allowing outside storage as a
principal use in an I-2 Zoning District subject to the following conditions:
1. A specified termination date is documented in a development contract, to be no later than
December 31, 2008.
2. The applicable requirements of Chapter 3, Section 2, General building and Performance
Requirements are met.
3. The permit specifies a gravel surface, suitable for parking of trucks.
4. The permit specifies that the intensity of visual screening shall be related to the location and
nature of the storage and duration of the interim use. A landscape plan should be developed that
identifies this screening.
5. The permit specifies that appropriate setback of necessary fencing and/or setback of storage shall
be related to the location and nature of the storage and the duration of the interim use. A setback
of no less than five feet should be applied to this permit.
Fencing in compliance with the City's Zoning Ordinance, Section 3-2[F].
Landscaping in compliance with Zoning Ordinance Section 3-2[G] 1-U.
8. Compliance with lighting and glare requirements as listed in Zoning Ordinance Section 3-2[H]
2
Council Minutes - 9/8/03
Compliance with dust regulations as listed in Zoning Ordinance Section 3-2[J].
10. Compliance with noise regulations of Zoning Ordinance Section 3-2[K].
11. Compliance with junk and debris regulations of Zoning Ordinance Section 3-2[M].
12. Compliance with buffer yard requirements of Zoning Ordinance Section 3-3 [G].
13. Compliance with other applicable zoning and City Code requirements, including regulation of
nuisance activities.
G. Consideration of a request for a simple subdivision to create two city lots. Applicant:
Kathleen Gauthier. Recommendation: Approve the subdivision request to allow for
the following: The creation of two lots with new lot areas of more than 15,000 square
feet within the shoreland area of the City of Monticello based on the finding that the
subdivision is consistent with the requirements of the City's zoning and subdivision
regulations applicable to such parcels.
H. Consideration of an amendment to the comprehensive plan and consideration of an
amendment to a concept stage planned unit development for Otter Creek Crossing.
Applicant: Otter Creek LLC. Recommendation: 1) Approve an amendment to the
Comprehensive Plan re -designating the southwestern -most portion of the 19 acre site
from industrial to medium density residential, retaining the industrial designation along
the power line, subject to density and concept development review of more detailed
plans, based on a finding that the land use pattern in this particular area is better suited
to residential uses than industrial uses. 2) Approve the concept stage planned unit
development for a detached townhome development.
Consideration of a request for a simple subdivision to create two buildable parcels.
Applicant: Mike Cyr. Recommendation: Moved to approve the subdivision
contingent on the approval of the lot width and area variances.
J. Consideration of a special home occupation permit to allow hiring an employee.
Applicant: David and Kelly Gassler, Rejuvenate Salon. Recommendation: Approve a
special home occupation permit allowing a non-resident to work in the home
occupation based on the finding that the applicant has proven unusual or unique
conditions or need for non-resident assistance and that this exception would not
compromise the intent of this chapter and subject to the following:
The non-resident shall not work at the home occupation at the same time that the resident is
working.
2. Non-resident vehicle parking should occur in the residence driveway.
3. A space for parking in the driveway for customers shall be available at all times. Resident
parking in the street should not result from making space for customer parking in the driveway.
All other terms of the previous home occupation permit shall be met along with standards
Council Minutes - 9/8/03
identified in the zoning ordinance with the exception that the home may occupation be in
p }
operation 40 hours per week or less.
The duration of the permit is one year with the renewal process at the discretion of city staff. If
staff receives complaints or finds that the applicant is not complying with conditions noted above
to the detriment of the neighborhood then the applicant will be requested to renew the special
home occupation permit via Planning Cormnission and City Council review.
6. Hours of operation for home occupation to be 7:00 a.m. to 10:00 p.m. A maximum of 40 hours
per week, 20 hours maximum per person based on a two person staff.
K. Consideration of a request for development stage planned unit development and
preliminary plat approval of the Emerald Estates Townhomes. Applicant: Tom
Johnson, Emerald Estates, LLC. Recommendation: Approve the development stage
PUD and preliminary plat for Emerald Estates based on the comments from the staff
report for the September 2, 2003 Planning Commission meeting and subject to the
following conditions:
1. The building elevations be modified to specify finish materials.
2. A property owner's association be created addressing maintenance responsibilities for common
areas, covenants, etc. The by-laws for such association shall be subject to review and approval
by the City Attorney.
3. The City Engineer provide comment regarding the placement of a grading and utility easement
over all of Lot 9, Block 1, (the base lot).
4. A park dedication fee be paid as determined by the City Council.
5. The landscape plan should be greatly intensified including more shrub and perennial garden
spaces (as opposed to the few scattered trees and foundation shrub only) patios, and other
ornamental features that improve both the aesthetics of the project from the street and the
livability of the project for future residents. Final landscaping must be approved by the City
Planner.
6. A photometric lighting plan be submitted which indicates the location and illumination levels of
all outdoor lighting.
7. The City Engineer provide comment regarding grading, drainage and utility issues.
8. The applicant enter into a development agreement with the City and post all the necessary
securities required by it.
L. Consideration of a request for a conditional use permit allowing a mixed residential and
commercial use in a PZM District. Applicant: Janice Maxson. Recommendation:
Approve a conditional use permit allowing a mixed residential/commercial use based on
the finding that the proposed use is consistent with the purpose of the PZM District and
subject to the following:
No additional parking required with initial conditional use permit request, however the permit is
subject to review and additional off-street parking could be required in the future.
C�
Council Minutes - 9/8/03
At least 3 parking spaces should be available for customer use in the driveway and all other
parking associated with the property should occur on roads fronting the home.
3. If at such time, the commercial use of the property clearly exceeds the residential use as defined
by the building official, the applicant shall comply with building code standards associated with
commercial use of property.
4. Business identification signage shall not exceed 25 sq. ft. and shall be setback at least 15feet
from the road right-of-way. Input to be provided by the Design Advisory Team for City Council
approval.
5. No more than 10 students allowed to take classes at the location at any one time.
6. Business hours from 9:00 a.m. to 9:00 p.m., seven days per week.
M. Consideration of a request for 1) a variance from the 30 foot rear yard setback
requirement in the R-1, Single Family District and 2) an amendment to the zoning
ordinance establishing decks as allowable rear yard setback encroachments. Applicants:
Pat and Angie Ronayne. Recommendation: Approve the zoning ordinance amendment
based on a finding that it is consistent with the goal of encouraging reinvestment in the
City's existing housing stock. Ordinance Amd. #397
ROBBIE SMITH MOVED TO APPROVE THE CONSENT AGENDA WITH ITEMS #5F
AND #5H REMOVED FROM THE CONSENT AGENDA AND ITEMS #8 AND #9 ADDED
TO THE CONSENT AGENDA. ROGER CARLSON SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
Regarding the approval of the Inproheat settlement, Item 5C, the following statement is hereby
made part of the record.
"It is understood and agreed that A&P, the City, HDR and Inproheat admit no liability to the
undersigned or others as a result of the defects and/or damages arising out of the construction
of the Project, which said liability is expressly denied. Specifically, and without limitation of
the foregoing, notwithstanding language to the contrary in the City's Council Minutes dated
May 12, 2003 Inproheat denies the allegation that the Inproheat system failed to produce Class
A Sludge, and the City, as an express part of the consideration for this settlement shall insert in
the council minutes approving this settlement agreement the following statement: "We would
like to clarify the statement reflected in the May 12, 2003 meeting minutes with respect to the
Inproheat System. The minutes incorrectly reflect that the Inproheat System fails to produce
Class A Sludge. The Inproheat System was never designed to produce Class A sludge by itself.
Instead, it is simply one part of the process to produce Class A Sludge. The Inproheat System
does, however, fail to meet the detention time requirements of the MPCA for processing Class
A Sludge. Since the plant is unable to produce Class A Sludge, the City commenced legal
action against project designer HDR and Contractor A&P. HDR then sued Inproheat.
( 1 Inproheat has also requested that the following statement be inserted into the minutes: `'In
�..J agreeing to make the settlement payment, Inproheat expressly denies that the system furnished
r
J
Council Minutes - 9/8/03
by it failed to produce Class A biosolids, and expressly denies liability for the damages claimed
by the City and others. The City has accepted the settlement from Inproheat in full
acknowledgment of Inproheat's denial of responsibility." Inproheat shall not be required to
make the settlement payment unless and until this statement is included in the City Council
minutes and a certified copy of said minutes is provided to Inproheat's counsel."
6. Consideration of items removed from consent agenda.
Item #5F related to an interim use permit for outside storage for JME. Glen Posusta
questioned the 15 conditions listed on Exhibit Z and whether the applicant was aware of all
those items. Deputy City Administrator, Jeff O'Neill reviewed the conditions for the five year
interim use permit. He noted the conditions are required by code and that they are standard
conditions for outside storage. Jeff O'Neill stated that the site plan that was received did not
show many of the standards required by code. The Planning Commission approved the interim
use permit contingent upon those conditions being met. Jeff O'Neill stated that the City can't
relieve the applicant of meeting code requirements unless he requests a variance from the
requirements of the ordinance or the ordinance is amended. He indicated that it was not a
question of the use of the property but that the standards governing that type of use are met.
Glen Posusta felt that 15 conditions were out of line and that an I-2 area should not be bound by
all these standards. He questioned how this use for outside storage was different than the
( outside storage at the Public Works Building. Mayor Thielen indicated that these conditions
had been discussed by the Planning Commission and if the Planning Commission and applicant
were not in agreement on these conditions, the interim use permit should be referred back to the
Planning Commission to resolve the issues. Planning Commission Chairman, Dick Friel
stated that the 15 conditions were discussed with Jay Morrell and the Planning Commission's
approval was based on these conditions being met.
Jay Morrell whose site is adjacent to 1401 Fallon Avenue spoke to the Council regarding the
interim use permit. He stated that when he applied for the permit he was under the assumption
that permit was going to be given with the 15 conditions having to be met at some future time
down the road. He stated his 14' berm was sufficient landscaping for the 5 year interim use
permit. He also felt that his lot as it is today provides sufficient screening from three directions
(north, south and west) and sufficient landscaping to meet the requirements of city staff. Jeff
O'Neill pointed out that it was not a staff requirement but rather a requirement of the City's
codes. Jeff O'Neill stated there was nothing in the site plan that provided information for city
staff to determine whether the code requirements were met. Jay Morrell contended that the
plan showed the berm, the existing plantings, the drainage area and the concrete wall for
screening requirements. Jay Morrell stated he prepared his plan based on information that was
supplied to him by Steve Grittman, the city planner. In addition he had gotten copies of the
pertinent sections of the code which he stated were not easy to understand and that staff did
nothing to clarify or resolve the issues. Jeff O `Neill stated that the City never got a complete
(( ^ site plan from the applicant.
�.J
Robbie Smith brought up the issue of compliance to the code and questioned whether sending
31
Council Minutes - 9/8/03
the item back to the Planning Commission where the conditions could be hammered out
wouldn't give some assurance that there is compliance with the code. Brian Stumpf stated that
at the Planning Commission it was noted that existing issues of non-compliance on the site is a
separate issue from the request for an interim use permit. Robbie Smith added that he had
received an e-mail from a resident regarding the noise at the business. The resident stated that
there is 24 hour a day truck activity and that while he is adjacent to a business, he did not
expect noise from business activity at 3 a.m. Along with the noise concern, the resident also
questioned the buffering from the industrial site. Jay Morrell stated that residential area was
added after the I-2 was in place. He said he had submitted a letter to the City requesting
buffering from the Klein Farms development. Jay Morrell stated he didn't know where there
was non-compliance. Jeff O'Neill clarified that the Klein Farm did comply with the buffering
requirements for what existed at the time. With the proposed expansion of the use the buffer is
split 50-50 between the properties.
Brian Stumpf asked if the Council would give staff the flexibility to work out a plan that both
Jay Morrell and the staff are comfortable with. Jeff O'Neill reiterated that the staff had not
received a completed site plan and if the Council wanted staff to prepare a site plan that would
meet the requirements of the code, they would do so. Jay Morrell stated that from what he has
seen, the City code is not cast in concrete and that there have been deviations from the code for
the benefit of the City and various developers.
BRIAN STUMPF MOVED TO APPROVE THE INTERIM USE PERMIT FOR JAY
MORRELL/JME OF MONTICELLO WITH THE CONDITIONS NOTED IN EXHIBIT Z TO
BE WORKED OUT BETWEEN STAFF AND JAY MORRELL AND BROUGHT BACK TO
THE COUNCIL. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED
UNANIMOUSLY.
Item #5H related to an amendment to the Comprehensive Plan and a concept stage planned unit
development for Otter Creek, LLC. Glen Posusta questioned this proposal because it seemed to
be creating the same kind of situation that Jay Morrell is in where there is a residential area
next to commercial/industrial area. He felt this setup would create the same kind of problems
that occur now when residential areas abut commercial/industrial sites. There was also
discussion of the buffer area. Glen Posusta felt the original proposal which used the power
line as a buffer was more suitable. In the current proposal the road would act as the buffer.
Jeff O'Neill acknowledged that there is always some problems in the transition areas of zoning
and added that the Morrell property use had been grandfathered in. With this site, the City had
an opportunity to make sure all the provisions of the code are followed.
Glen Posusta questioned having a residential use in an area zoned for industrial use. He
specifically cited truck repair facilities and a concrete plant as uses that would generate traffic
concerns for the residential area. Jeff O'Neill noted that the area may develop with I-1 uses
which are not as extensive and should a concrete plant or truck repair facility want to locate in
this zoning area it would require a conditional use permit.
7
Council Minutes - 9/8/03
ROBBIE SMITH MOVED TO APPROVE THE AMENDMENT COMPREHENSIVE PLAN
DESIGNATING 19 ACRES FOR RESIDENTIAL LAND USES SUBJECT TO DENSITY
AND CONCEPT DEVELOPMENT REVIEW OF MORE DETAILED PLANS, BASED ON
A FINDING THAT THE LAND USE PATTERN IN THIS PARTICULAR AREA IS
BETTER SUITED TO RESIDENTIAL USES THAN INDUSTRIAL USES AND TO
APPROVE THE CONCEPT STAGE PLANNED UNIT DEVELOPMENT FOR A
DETACHED TOWNHOME DEVELOPMENT. GLEN POSUSTA SECONDED THE
MOTION. MOTION CARRIED UNANIMOUSLY.
7. Consideration of award of bids for Briar Oakes Pond Restoration Project No. 2003-11C.
City Engineer, Bret Weiss, gave a brief summary of the bid results for the pond restoration
project and recommended that the City move forward with the project. He stated that the bid
amount was $38,854.25 which was lower than the engineer's estimate of $46,6385.0.
GLEN POSUSTA MOVED TO AWARD THE PROJECT AS BID TO SUNRAM
CONSTRUCTION FOR THE BRIAR OAKES POND RESTORATION PROJECT IN THE
AMOUNT OF $38,845.25. BRIAN STUMPF SECONDED THE MOTION. MOTION
CARRIED UNANIMOUSLY.
8. Consideration of approving_ plans and specifications and ordering advertisement for bids
for Marvin Road Lift Station and Utility Improvements, Project No. 2003-01C.
Approval of plans and specifications and advertisement for bids was approved as part of the
consent agenda.
9. Consideration of approving plans and specifications and authorizing advertisement for
bids for Timber Ridge Development.
Approval of plans and specifications and authorizing advertisement for bids was approved as
part of the consent agenda.
10. Approve payment of bills for September.
BRIAN STUMPF MOVED PAYMENT OF BILLS FOR SEPTEMBER. ROBBIE SMITH
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
Ar dod ltemr_
Street Signs - Brian Stumpf stated that now that the Core Street Project is being completed the City
should proceed with ordering the new street signs. Rick Wolfsteller indicated that the Public Works
'' Department would be taking care of that.
U
Private Hyt-(rants - Brian Stumpf noted that there are a number of private hydrants in the City and there
N
Council Minutes - 9/8/03
is concern whether these are being maintained in any fashion. He suggested that the City take over
maintenance and flushing of these hydrants so there is some assurance that they are maintained. Rick
Wolfsteller raised the question of liability should the City take over maintenance of the hydrants. It
was suggested that the ordinance be amended to add language to address the issue of maintenance of
private hydrants. Another suggestion was that a list of required maintenance be prepared and sent to
all property owners with private hydrants informing them of the maintenance required. The concern is
not only that these hydrants receive proper maintenance but that there is documentation of this
maintenance.
Compost Facility - Robbie Smith stated that he has had questions from residents about the hours the
City's compost facility is open. The facility is open certain hours and if a resident cannot make it
during the posted hours, they can make arrangements with Public Works to pick up a key. The City
did not want to have the facility open without it being monitored as monitoring the site controls the
amount of illegal dumping.
Updates - City Engineer, Bret Weiss updated the Council on the Core Street Project reporting that the
paving crew will be working on Wednesday and Thursday and will be finishing the paving work on the
north side of the tracks. The utility work should be completed by September 19th and by early October
the base course should be down on the entire project. There was general discussion on the progress of
the project with Bret Weiss pointing out that a good deal of work related to development had been
added to this project. The River Street Sanitary Sewer Project will be started next week. The cost for
( paving Elm Street to the RV Center was presented to the other affected property owner. That property
owner did not want the street improved and the RV Center did not want to pick up the entire cost of the
street improvement so no further action is being taken at this time. Bret Weiss also reported that some
shaping and earthwork remains on the Prairie Road/River Street intersection but that is expected to be
completed shortly.
11. Adjourn
ROBBIE SMITH MOVED TO ADJOURN AT 7:55 P.M. BRIAN STUMPF SECONDED
THE MOTION. MOTION CARRIED UNANIMOUSLY.
Recording Secretary
9