City council Minutes 08-25-2014MINUTES
REGULAR MEETING — MONTICELLO CITY COUNCIL
Monday, August 25, 2014 — 7 p.m.
Mississippi Room, Monticello Community Center
Present: Clint Herbst, Lloyd Hilgart, Toro Perrault, Glen Posusta, Brian Stumpf
Absent: None
1. Call to Order and Pledge of Allegiance
Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The
Pledge of Allegiance was recited.
2A. Approval of Minutes — August 11, 2014 Special Meeting (BCOL)
BRIAN STUMPF MOVED TO ACCEPT THE AUGUST 11, 2014 SPECIAL
MEETING MINUTES AS PRESENTED. LLOYD HILGART SECONDED THE
MOTION. MOTION CARRIED 5 -0.
2B. Approval of Minutes — August 11, 2014 Special Workshop (budget
(to be approved September 8t1')
2C. Approval of Minutes - August 11, 2014 Regular Meeting
(to be approved September 8"')
3. Consideration of adding items to the agenda
• None
4. Citizen comments, public service announcements, updates
A. Citizen Comments: None.
B. Public Service Announcements:
1) Blazin Thru Bertram /Phillip LaVallee Memorial Run (9/13) — Kitty Baltos
announced the 2"d annual memorial run on Saturday, September 13th with
a 9 a.m. start time. Entrance is at the west end and cost is $15 in advance.
Blazin Thru Bertram consists of a 4 mile run and 2.25 mile walk.
Sponsors to date include: All Elements, Apollo Insurance, Health Source
Chiropractic & Progressive Rehab, Foster White Agency Inc, and
Bernick's Beverages.
2) MCC Pool closed for maintenance (9/2 -9/13) — Kitty Baltos announced
the upcoming pool closing starting September 2nd for cleaning and
maintenance. The pool will reopen on Saturday, September 1311'
City Council Minutes —August 25, 2014 Page 1
3) Monticello Shuttle Service — Jeff O'Neill gave a report to Council on the
interim shuttle service that will be provided by Hoglund Transportation for
transit service within the city. The city will be subsidizing rides with the
cost at $2 per one -way ride. Jeff O'Neill explained to Council that
Hoglund appears to be the only option for negotiating service for 2015 and
2016. TriCap is not in a position to add service to Monticello for the
upcoming year and Trailblazer Transit will not be providing service to
Monticello at all after Sept 1St. Jeff O'Neill asked Council for direction to
negotiate a 2 -year contract with Hoglund.
Clint Herbst asked Jeff O'Neill to talk to Trailblazer again to see if they
would be willing to contract directly with Monticello. He would also like
to leave the door open for TriCap in the future. Glen Posusta feels that
Hoglund would be the best option. Tom Perrault asked if TriCap would
be available mid -year in 2015, and Jeff O'Neill explained that is not likely
due to the state funding cycle which runs for a calendar year at a time.
4) Rotary Taste of the Town (9/11) — Jeff O'Neill mentioned this popular
event will be taking place on Thursday, September l Ith in the city's
commuter lot at the south end of town. Tickets are $25 and can be
purchased from Rotary members.
C. Updates:
1) Market Matching — John Uphoff of WSB provided a brief update of
economic development activity during the month of August. August I I -
13 he participated with Wright County Economic Development
Partnership in a DEED tour featuring national site selectors. He is
working with a couple of business prospects for downtown and a prospect
referred from Greater MSP. He will continue to provide monthly reports
to the City and to the EDA.
2) Coalition of Utility Cities (CUC) — Jeff O'Neill provided a status report
for Council. At the July meeting, Jeff O'Neill turned over the president
role to a representative from Becker. The group developed a work plan
and budget and will be participating in a study of electrical consumption in
hopes of influencing legislation. The city will be assessed about $19,000
as a member of the CUC and a contract will be executed with Flaherty &
Hood for legal services.
Clint Herbst noted that he and Jeff O'Neill met with Xcel Energy last
week to discuss some improvements Xcel has made.
3) I -94 Coalition — Jeff O'Neill updated Council on the recent activities
taking place which includes improvements to I -94 between Rogers and St.
Michael to add a third traffic lane in each direction. Jeff O'Neill stated
that it is important for Monticello to stay involved in the I -94 Coalition
City Council Minutes — August 25, 2014 Page 2
and have a presence at their meetings and workshops. Jeff O'Neill also
noted that the city may want to start looking at the next location for an
interchange in Monticello.
4) Wright /Sherburne Regional Transportation Coalition — Jeff O'Neill
explained that Tom Perrault and Mayor Clint Herbst have been
participating in the meetings of this group. The focus at this time is to
study transportation issues in the area and bring concerns forward among
the cities included in the coalition.
5) FiberNet /Annandale RFP — Jeff O'Neill indicated that the city submitted a
proposal to Annandale in response to their RFP looking for a partner for
broadband services. A meeting was held with several Annandale council
members and a representative of the school district to answer questions
and it seemed to be a positive meeting. There were two other proposals
submitted.
6) Municipal Broadband Alliance — Jeff O'Neill commented that five entities
have each committed $2000 in hopes of forming an alliance of cities and
businesses to share expertise and resources related to high -speed
broadband. The funding will be combined with a grant from the Blandin
Foundation and used to determine the feasibility of forming such a group.
7) Rental Licensing Requirement (Strike Provision) — Ron Hackenmueller
explained that the city's rental licensing program allows three strikes for a
nuisance violation before legal action is taken. The three strikes run over
the time frame of a calendar year. Ron indicated that he is waiting for
feedback from the City Attorney before recommending any changes.
Clint Herbst indicated his concern with the time frame of the three strikes
and would like to see that reviewed. Glen Posusta suggested that the city
might want to consider certain situations where only one strike is allowed.
Ron summarized that there is one main problem property right now out of
the 1400 rental licensed properties. Clint Herbst feels it is worth looking
at the code to detennine where changes might be made.
5. Consent Agenda:
A. Consideration of approving payment of bills for August 25th. Recommendation:
Approve the bill and purchase card registers for a total amount of $1,140,926.41.
B. Consideration of approving new hires and departures for City departments.
Recommendation: Ratify new hires and terminations for MCC, Streets, and
Parks.
C. Consideration of adopting Resolution #2014 -085 approving donations from
sponsors of the Blazin' Thru Bertram /Phillip LaVallee Memorial Run.
City Council Minutes — August 25, 2014 Page 3
Recommendation: Adopt Resolution #2014 -085 to approve donations of $250
each from All Elements, Apollo Insurance, Foster White Agency, and Health
Source Chiropractic and Progressive Rehab; and an in -kind donation valued at
$360 worth of water and Gatorade beverages from Bernick's Beverages.
D. Consideration of adopting Resolution #2014 -086 approving an in -kind donation
of equipment for the MCC from Aaron and Jennifer Bethke. Recommendation:
Adopt Resolution #2014 -086 approving an in -kind donation valued at $100 for a
ping pong table from Aaron and Jennifer Bethke for the MCC Warehouse Room.
E. Consideration of adopting Resolution #2014 -082 approving Final Plat and
Development Contract for Liberty Park Second Addition. Applicant: VHM
Holdings, LLC. Recommendation: Adopt Resolution #2014 -082 approving a
final plat and development contract for Liberty Park Second Addition, subject to
conditions in Exhibit Z as follows and based on findings in said resolution.
• Easements shall be platted per City Engineer recommendations.
• The plans shall comply with the recommendations of the City Engineer regarding
stormwater, utilities, and other issues.
• Development of the site shall be consistent with the requirements of the
applicable zoning district (B -2) and overlays (Mississippi Wild Scenic and
Recreational River).
• The applicant shall provide for contemporaneous execution of a permanent
easement for trail and sidewalk purposes along CSAH 39.
• The plat is subject to the comments of the Wright County Highway Engineer.
TOM PERRAULT MOVED TO APPROVE THE CONSENT AGENDA AS
PRESENTED. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED
5 -0.
6. Consideration of items removed from the consent agenda for discussion
No items were removed from the consent agenda.
7. _Regular Agenda:
A. Consideration of adopting Ordinance #600 amending zoniniz of Outlot A
Monticello Commerce Center Seventh Addition from B -4 (Regional Business)
District to R -4 (Medium -High Density Residence) District; and consideration of
adopting Resolution 92014 -084 approving a Preliminary and Final Plat and
Development Contract for Monticello Commerce Center Eighth Addition, and
Conditional Use Permit for Multi - Family Residential in an R -4 District.
Applicant: IRET Properties
Steve Grittman presented this item to Council explaining that there are three
different requests incorporated into this item. The first is an ordinance
amendment to rezone from B -4 to R -4; the second is approval of preliminary and
City Council Minutes — August 25, 2014 Page 4
final plats and a development contract for the newly platted addition; and the third
is approval of a conditional use permit to allow multi- family housing in the R -4
district.
Steve Grittman briefly explained the variance that was approved by the Planning
Commission on August 5t11; this changed the allowance for dwelling units to an
average of 900 sq ft rather than a minimum of 900 sq ft per dwelling unit. The
applicant has specifically proposed an average dwelling unit size of 990 sq foot
floor area per unit.
The Planning Commission recommended the other items for approval. The
recommendation for rezoning to R -4 is based on consistency with the
comprehensive plan. Steve Grittman noted that the comp plan was amended at a
Council meeting on June 9th, 2014 to establish this property as "places to live."
The preliminary and final plats were recommended for approval with required
drainage and utility easements already established on the subject property. There
were some adjustments made relative to the survey, and a new plat drawing will
be submitted to reflect these changes. The plat is adjacent to the I -94 right of way
and is subject to review and comment by MnDOT.
The CUP and site plan details were reviewed by the Planning Commission and
found to be in compliance with the zoning code and were recommended for
approval with some conditions as noted in Exhibit Z.
It is recommended that an easement agreement be developed to accommodate
overflow parking for the adjacent Freeway Fields Park. Park dedication would be
applied toward parking and access between the development and the Freeway
Fields. There are some buffering requirements to be incorporated as part of the
design plan, including a sidewalk leading from Meadow Oak Avenue to the
proposed overflow parking.
Steve Grittman highlighted some of the conditions that are being recommended as
part of the approvals:
• Adjust one access to not conflict with church property access
• Easterly access to include restriping in the street to accommodate turning
movements
• Amend landscaping plan for adequate site lines at the central access point
• Proper setbacks for signage
Brian Stumpf asked why staff was recommending removal of a parking space
with one of the buildings. Steve Grittman noted that this was an adjustment to
accommodate the zoning code requirements in relation to uncovered surface
parking spaces. Lloyd Hilgart asked about tree plantings in the easements and
whether that would normally be allowed. Steve Grittian explained that the city
would have the right to access the easement and right -of -way areas and the
City Council Minutes —August 25, 2014 Page 5
applicant would be responsible for replacement of any landscaping. Lloyd Hilgart
also asked about the rationale for the landscaping in the courtyard area. Steve
Grittman noted that the recommendations to shift plantings in that area are mainly
for aesthetic appearances.
Tom Perrault noted a change in the development contract related to striping plan
date and other clerical corrections. Torn also asked about drive aisle requirements
compared to green space; Steve Grittman said that was checked and the
measurements more than met the requirements.
IRET representatives confirmed they are okay with the recommendations made by
the Planning Commission and as included in the motions to be considered.
Decision 1
BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO ADOPT
ORDINANCE NO. 600 REZONING THE SUBJECT PROPERTY FROM B -4
(REGIONAL BUSINESS) TO R -4 (MEDIUM -HIGH DENSITY RESIDENCE)
DISTRICT, BASED ON FINDINGS IN RESOLUTION #2014 -084. GLEN
POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0.
Decision 2
GLEN POSUSTA MOVED FOR ALTERNATIVE #1 TO ADOPT
RESOLUTION #2014 -084 APPROVING THE PRELIMINARY PLAT, FINAL
PLAT, AND DEVELOPMENT CONTRACT FOR MONTICELLO
COMMERCE CENTER EIGHTH ADDITION, SUBJECT TO CONDITIONS IN
EXHIBIT Z AS FOLLOWS AND BASED ON FINDINGS IN SAID
RESOLUTION. BRIAN STUMPF SECONDED THE MOTION. MOTION
CARRIED 5 -0.
• The City approve the requested rezoning.
• Easement related issues, as well as right -of -way dedication requirements, shall
be subject to comment and recommendation by the City Engineer.
• Submission of all plat drawings updated with the revised survey information.
• Park dedication requirements shall be subject to review and recommendation by
the Parks Commission and Council decision.
• The applicant enters into a development agreement securing the terms of plat
and development approvals.
Decision 3
LLOYD HILGART MOVED FOR. ALTERNATIVE #1 TO ADOPT
RESOLUTION #2014 -084 APPROVING THE CONDITION USE PERMIT
FOR MONTICELLO COMMERCE CENTER EIGHTH ADDITION TO
ALLOW MULTI - FAMILY HOUSING IN AN R -4 DISTRICT, SUBJECT TO
CONDITIONS IN EXHIBIT Z AS FOLLOWS, INCLUDING SITE PLAN
COMMENTS, AND BASED ON FINDINGS IN SAID RESOLUTION. BRIAN
STUMPF SECONDED THE MOTION. MOT10N CARRIED 5 -0.
City Council Minutes — August 25, 2014 Page 6
Conditional Use Permit (to allow multi family housing in an R -4 District):
• The City approve the requested rezoning and preliminary/final plat.
• The westerly access is relocated to avoid conflicts with the church property
access to the south, as directed by the City Engineer.
• The easterly access point includes restriping in the street to properly configure
the transition between road width along Meadow Oak Avenue.
• The central access point is reviewed to ensure adequate site lines for traffic
exiting the project, including possible amendments to the landscaping plan if
necessary.
• The landscaping plan is modified to specify topsoil spread over the proposed
lawn areas.
• All landscape areas are irrigated.
• All other applicable use standards, including those as identified as part of site
plan review, shall be satisfied.
• The applicant enters into a development agreement securing the terms of plat
and development approvals.
General Site Plan:
• The City approve the requested rezoning, p°eliminaryfinal plat, conditional use
permit and variance.
• A phasing plan be provided which provides a plan illustrating Phase I site
improvements. Such improvements shall include, but may not be limited to,
building footprints, amenities, surface parking /drive lanes and grading.
• The number of uncovered parking stalls upon the site be reduced from 223 stalls
to 222 stalls.
• The applicant considers amending the landscape plan to illustrate plantings
around proposed courtyard amenities.
• The City Engineer provide comment and recommendation regarding the
placement of trees (Sugar Maple and Mountain Ash) within the 20 foot drainage
and utility easement which borders the subject site's north property line.
• The applicant provide details related to proposed courtyard amenities including,
but not limited to, fence details, sidewalks, landscaping and the timing of such
improvements.
• An internal sidewalk connection from the property to the Meadow Oak sidewalk
shall be added to the site plan in a location to be determined based on Council
decision related to park dedication.
• The detached garage buildings be finished with materials similar to that used on
the principal structure.
• The applicant provide details related to waste storage /removal and loading
activities, subject to City approval.
• The setback of the proposed monument sign from Meadow Oak Avenue be
increased to 1 S feet (to satisfy the minimum setback requirement of the
Ordinance).
• The monument sign plan be modified to include a measurable scale (to determine
sign area).
• All signs erected upon the subject site shall be subject to sign permit.
• The submitted grading and utility plans shall be subject to review and comment
by the City Engineer.
City Council Minutes — August 25, 2014 Page 7
B. Consideration of approving a lease agreement with the River Eagles. Soccer Club
for use of the old bowling alley site
Jeff O'Neill reviewed the process to date to rehab the old bowling alley to snake it
usable for the River Eagles Soccer Club (RESC). Jeff O'Neill explained that a
risk analyst from the League of MN Cities went through the building and made
recommendations for work to be done to clean up the hazardous materials. A
lease agreement has been drafted to cover the area that the Soccer Club desires to
use, which is approximately 21,000 sq ft.
Jeff O'Neill showed some slides of the hot spot areas that need to be cleaned
and /or removed. A plan has been developed to take care of mold remediation and
that was reviewed and accepted by the risk analyst of the LMCIT.
Clint Herbst noted that one of the 4,000 sq ft areas, which will not be included in
the Soccer Club lease, does not have restrooms. He feels it is important that the
main bathrooms remain accessible for future use of that space and should be
noted in the agreement.
Jeff O'Neill noted that he and Finance Director Wayne Oberg worked with the
city's attorney to draft a lease agreement that worked out details for shared costs
of common space and monthly rent based on recovery of city costs associated
with building occupancy. Jeff O'Neill pointed out that Council may want to
modify the lease terms to enable a buy out with the tenant in the event that the
City would have an opportunity to sell the building for redevelopment. Clint
Herbst feels that a 7 -year lease tenn is fair and that the city would not need to
include a buy -out provision. Wayne Oberg recommended that there should be
something included in the lease agreement that addresses the amount that the city
would pay back to the Soccer Club if they had to get out of the lease for some
reason. Wayne stated that there are two values involved — the actual out -of-
pocket costs and the "sweat equity" for their time. Council consensus was to
include a base amount in the agreement and staff was directed to come up with a
number based on the expenses incurred by the Soccer Club. Glen Posusta
suggested 100% of the actual expenses and 50% of the value for the sweat equity.
Glen Posusta asked if there were provisions for maintaining the outside of the
building and the landscaping. Jeff O'Neill indicated that will be addressed in the
lease agreement to be completed within a specific time frame.
Tom Perrault asked about terns of the agreement that addresses recovery of
property taxes, special assessments, and such. Jeff O'Neill stated that this is
addressed in the lease agreement with 50% assessed of any future road
improvements. Tom Perrault asked how the city is going to address time frames
for taking corrective actions, in the event that the Soccer Club does not take care
of items included in the lease. Jeff O'Neill said staff will look at that and snake
sure it is addressed.
City Council Minutes —August 25, 2014 Page 8
LLOYD HILGART MOVED FOR ALTERNATIVE #1 TO APPROVE A
LEASE AGREEMENT WITH THE RIVER EAGLES SOCCER CLUB
RELATING TO REHABILITATION AND USE OF THE OLD BOWLING
ALLEY, SUBJECT TO FINAL REVIEW AND REVISION OF THE LEASE
AGREEMENT BY THE CITY ATTORNEY. GLEN POSUSTA SECONDED
THE MOTION. MOTION CARRIED 5 -0.
8. Added items
No items were added.
9. Adi ournment
LLOYD HILGART MOVED TO ADJOURN THE MEETING AT 8:07 P.M. TOM
PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0.
Recorder: Catherine M. Shuman J
Approved: September 8, 2014
Attest:
City 46flArator
City Council Minutes —August 25, 2014 Page 9