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City Council Minutes 01-10-2000MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, January 10, 2000 - 7 p.m. Members Present: Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen Members Absent: Roger Belsaas Acting Mayor Clint Herbst called the meeting to order at 7 p.m. and declared a quorum present and noted the absence of Roger Belsaas due to illness. 2. Approval of minutes of December 13, 1999 regular Council meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE DECEMBER 13, 1999 REGULAR COUNCIL MEETING AS PRESENTED. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the a2end Brian Stumpf requested that discussion of a business being conducted on West River Street be added to the agenda. Bruce Thielen requested that agenda item #9 be added to the consent agenda and Jeff O'Neill added a request to update the Council on the Community Center. 4. Citizen comments/petitions, requests and complaints. None 5. Consent Agenda A. Consideration of approving issuance of a non -intoxicating liquor license - O'Ryan's Conoco. Recommendation: Approve issuance of non -intoxicating liquor license with $75 fee to be pro -rated from the date of opening to July 1 St B. Consideration of an amendment to a conditional use permit and associated planned unit development allowing expansion for an industrial use. Applicant: Sunny Fresh Foods. Recommendation: To approve the Concept Plan for the Sunny Fresh CUP/PUD amendment subject to consideration of issues raised in the agenda report and based on the finding that the expansion is appropriate for the site and the neighborhood and will result in a more acceptable operation of the site. C. Consideration of zoning text amendment defining minimum lot width as measured at front yard building set -back line. Applicant: Zoning Administrator. Recommendation: Adopt the proposed ordinance amendment (ORD. AMD. #338) Council Minutes - 1/10/00 D. Consideration of zoning text amendment clarifying curb cut requirements or driveway widths in residential districts. Applicant: City of Monticello. Recommendation: Approve the ordinance amendment clarifying curb cut requirements or driveway widths. (ORD AMD. #339) E. Consideration of a Comprehensive Plan amendment for land west of Kj ellberg West Recommendation: Approve amendment to Comprehensive plan as proposed based on a finding that the existing plan language needs clarification to provide land use direction that reflects the City's intent. F. Consideration of proposed amendment to the sign ordinance allowing electronic reader boards. Recommendation: Adopt ordinance amendment as proposed.(ORD AMD. #340) Bruce Thielen requested that item 5B be pulled for discussion and Dan Mielke requested that item 5C be pulled so that additional information could be presented. BRUCE THIELEN MOVED TO APPROVE THE CONSENT AGENDA AS PRESENTED EXCLUDING ITEMS 513 AND 5C AND INCLUDING AGENDA ITEM #9. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. Jeff O'Neill provided a summary of the Sunny Fresh request for an amendment to the conditional use permit covering the planned unit development to allow for the expansion of the business. The issues discussed at the Planning Commission meeting on the amendment were reviewed including Linn Street options, paving, screening and installation of curb. Bruce Thielen asked about the expansion area and the impact this would have on the City's wastewater treatment facility. Don Roberts from Sunny Fresh explained how the proposed expansion would impact the wastewater treatment agreement between Sunny Fresh and the City. Mr. Roberts indicated that new area deals with cooked product and this does not contribute to the BOD and TSS amounts. However, they are working with John Simola, Public Works Director, on the wastewater treatment agreement. BRUCE THIELEN MOVED TO APPROVE THE AMENDMENT TO THE CONDITIONAL USE PERMIT AND ASSOCIATED PLANNED UNIT DEVELOPMENT ALLOWING THE EXPANSION FOR SUNNY FRESH. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Dan Mielke spoke to the Council regarding the proposed change in the zoning ordinance defining minimum lot width. He asked that this item be referred back to the Planning Commission for additional discussion as he had further information to present. Mr. Mielke indicated that the proposed wording 2 Council Minutes - 1/10/00 horizontal distance between the side lot lines measured at the building setback line." In a B-3 zoning district there is no minimum lot area designated but there is a lot frontage requirement of 100 feet. It was his opinion that if one uses the current definition, the parcel could not have any dimension that would be less than 100 feet because then it would not meet the lot width requirements of a B-3 district and therefore would be unbuildable unless a variance was obtained. City staff in their discussions with Mr. Mielke noted that the 100' lot width was the requirement at the building setback line of the front yard and city staff indicated that the parcel in question, based on City's interpretation of the ordinance was a buildable lot. However, to ease the concerns of Mr. Mielke, the staff had submitted to the Planning Commission an ordinance amendment that added the words, ``front yard" to the definition so that it was clear where the lot width is measured. Mr. Mielke stated that with the proposed change in language it would be possible to have a lot that would meet the 100' width at the front yard but narrow down drastically after that point, such as a triangular lot. He questioned whether that was what the City intended when they proposed the ordinance amendment. He felt the proposed language changed the intent of the ordinance instead of clarifying the language. City staff stated that the interpretation of the ordinance has been that lot width is measured at the setback line of the front yard and the lot in question is a buildable lot. Staff also noted that it is not the intent of the ordinance to have a 100' minimum width over an entire lot and that there are numerous lots that have been created with rear lot widths that may be less than the front lot width. The concerns Mr. Mielke raised should have been presented to the Planning Commission when they made their deliberations on the ordinance amendment. Dick Frie, Planning Commission Chair, stated that when the public hearing was conducted by the Planning Commission the comments they received was that there needed to be clarification of the front yard setback but what was being presented to the Council at this meeting was whether the lot was a buildable lot. The intent of the Planning Commission was to clarify the language to state the lot width measurement was taken from the front yard building setback line and they believe the language proposed does that. If Mr. Mielke has concerns about other lot requirements of the B-3 zoning district that is a separate issue that could be looked at. BRUCE THIELEN MOVED TO ADOPT THE PROPOSED ORDINANCE AMENDMENT RELATING TO LOT WIDTH BASED ON THE FINDING THAT THE AMENDMENT IS NECESSARY TO CLARIFY CODE INTERPRETATION AND REFLECT PAST CITY PRACTICE. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Consideration of adopting a resolution for the sale of $7,555,000 Public Project Revenue Bonds Series 2000A. (RES. NO. 00-01) Mark Ruff from Ehlers and Associates was present to explain the proposal for the sale of $7,555,000 in public project revenue bonds. This bond issue is proposed to refinance the Community Center bonds which have a two year term and after one year the bonds can be called. The Community Center bonds have a 2/1/00 call date. Since the City is also looking at issuing a general obligation bond for financing of a number of public improvement projects it is proposed to do a combined sale. The financial �` consultant was recommending the bond sale at this time because generally Jan. -Feb. are good months for Council Minutes - 1/10/00 bond sales and it is uncertain whether there will be any reduction in interest rates by waiting until a later date. Brian Stumpf asked what the potential savings would be to sell the two bond issues together and Mark Ruff indicated that the savings would be $15,000420,000. There was Council discussion on whether to delay the sale of the bonds in hope that the election and economy might bring the interest rates down. Mark Ruff stated that the City would have up to two days prior to the sale of the bonds to cancel should they feel it would be better to delay the sale of the bonds. BRUCE THIELEN MOVED TO ADOPT A RESOLUTION PROVIDING FOR THE SALE OF $75555,000 PUBLIC PROJECT REVENUE BONDS, SERIES 2000A. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION. 8. Consideration of resolution authorizing the sale of 2000 G.O. Improvement Bonds. (RES. NO. 00-02) Mark Ruff explained the purpose of the proposed bond sale is to reimburse the City for projects the City is currently funding through reserves or will be undertaking. City Administrator, Rick Wolfsteller, reviewed the various projects that the proposed bond sale would cover. The amount of the proposed bond sale including capitalized interest and discounts would be $2,015,000. BRUCE THIELEN MOVED TO APPROVE A RESOLUTION AUTHORIZING THE SALE OF $2,015,000 IN GENERAL OBLIGATION IMPROVEMENT BONDS. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of annual appointments for 2000 and consideration of ordinance amendment establishing stammered 3 year terms for Planning Commission members. (ORD AMD #337) Included as part of the consent agenda. 10. Consideration of Change Order 912 on High«�ay 25 Project No. 96-04C. Bret Weiss reviewed the proposed change order which added to $17,180.07 to the contract for the project and covered all items in the contract paid at unit prices that came in 15% above or below the estimated quantities. BRIAN STUMPF MOVED TO APPROVE CHANGE ORDER NO. 12 ON THE HIGHWAY 25 PROJECT NO. 96-04C AS RECOMMENDED. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Consideration of annual increases to City development fees. Jeff O" Neill explained that the originally the City had conducted a survey of neighboring communities 4 Council Minutes - 1/10/00 as far as fees charged in development. It was the City's intent to periodically review the fees charged to make sure that they are not only comparable to what other communities charge but also that they generate adequate funds to take care of the cost of the infrastructure. It is proposed that these fees be looked at annually and adjusted to reflect the construction cost index. If the fees are approved they would be collected on developments coming in after this date. The fees listed were reviewed and it was noted that the sewer access charge should be at $3000.00 per unit. BRUCE THIELEN MOVED TO ADOPT THE PROPOSED CHANGES TO DEVELOPMENT FEES WITH THE CHANGE NOTED FOR THE SEWER ACCESS CHARGE. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Consideration of approving turnback agreement for Oakwood Drive from Highway 25 to Chelsea Road - Wright Countv. Bret Weiss provided a brief summary on the turnback agreement. It was noted that the City will be receiving $40,000 from the County on the turnback of this segment of roadway. BRIAN STUMPF MOVED TO APPROVE THE COUNTY ROAD 117 JURISDICTIONAL TURNBACK AGREEMENT NO. 99-046 WITH WRIGHT COUNTY WITH THE CITY AGREEING TO PERFORM MAINTENANCE ON OAKWOOD DRIVE BETWEEN CHELSEA ROAD AND TH 25 UNTIL THE AGREEMENT TAKES EFFECT. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 13. Consideration of approving signal agreement for signal at County Road 75 and Hospital vvith Wright County. A signal agreement has been prepared cover the costs of construction, engineering, inspection and maintenance costs for the signal at the entrance to the hospital. The hospital is picking up the entire cost of the signal construction, engineering and inspection. There was some discussion on the maintenance cost of the signal particularly the emergency vehicle pass system and whether that cost should be picked up by the hospital or the City. It was suggested that perhaps the cost of maintaining EVP system could be shared by the Sheriff's Department, hospital and the City. When this was discussed initially the City was not looking at maintenance of the electronic controls. BRIAN STUMPF MOVED TO TABLE ACTION ON THIS AGREEMENT UNTIL THE RESPONSIBILITY FOR COST OF MAINTAINING THE ELECTRONIC CONTROLS COULD BE DETERMINED. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Brian Stumpf expressed his concern about the intensive business use of a residence located on West River Street and requested the staff to check the terms of the conditional use permit for this property. 5 Council Minutes - 1/10/00 Jeff O' Neill updated the Council on the progress with the Community Center. He noted that there is construction delay with the aquatics center. There is an extensive punch list of items that needs correction. Clint Herbst questioned the cracked appearance of the climbing wall. Jeff O' Neill indicated that the Community Center, other than aquatic area, is to be completed by January 22nd Bret Weiss informed the Council that MnDOT has rejected the proposal of attaching the pedestrian bridge proposed for the County Road 18 area to the existing bridge. While the stand alone bridge has a lower construction cost than the attached bridge, John Simola, the Public Works Director had indicated some maintenance concerns with the stand alone bridge. If this project does not proceed this year, the City will lose the ISTEA funding for the project. 14. Payment of bills for January. BRUCE THIELEN MOVED TO APPROVE PAYMENT OF BILLS. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. BRIAN STUMPF MOVED TO ADJOURN AT 8:30 P.M. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary D