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City Council Minutes 05-27-2008Council Minutes: 5/27/08 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Tuesday May 27, 2008 - 7 p.m. Members Present: Clint Herbst, Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski Members 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 said. 2A. Approve minutes of May 12, 2008 Regular Meeting. Tom Perrault noted corrections on agenda item #7 (Comprehensive Plan) stating his vote against the adopting the comprehensive plan included opposition to the language relating to the YMCA property and #13 (Conditional use permit for River City Extreme) language should be added clarifying that access to the proposed volleyball court area would be through the building. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE MAY 12, 2008 REGULAR MEETING WITH THE CORRECTIONS NOTED. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 2B. Approve minutes of May 12, 2008 Special Meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE MAY 12, 2008 SPECIAL MEETING, A WORKSHOP ON OFF-STREET PARKING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Mayor Herbst spoke about the recent storm damage in the City of Monticello. In a workshop held prior to the Council meeting the Council discussed with the Building Department gearing up to handle the permits, inspections and calls from residents. Residents were cautioned to be careful in dealing with contractors and in providing them with their insurance claim number. A meeting is scheduled for Wednesday morning with the contractors to go over the permitting process. If residents have any questions regarding building permits or what steps they need to follow, they were advised to contact the Building Department. The following items were added to the agenda: 1) Change Order No. 1 for the WWTP Digester Mixer, City Project #2007-18C; 2) Discussion of the proposed NASCAR track in Big Lake; and 3) Recessed meeting on Thursday morning at 7 a.m. relating to fiber optic issues. 4. Citizen comments, petitions, requests and concerns. No one spoke under citizen comments. Council Minutes: 5/27/08 5. Consent Agenda: A. Consideration of ratifying hires and departures MCC, Streets and Parks. Recommendation: Ratify the hires and departures as identified. B. Consideration of approving a temporary liquor license for a wine tasting event at Church of St. Henry. Recommendation: Approve a temporary liquor license for the Church of St. Henry for Wine Fest to be held on June 27, 2008. C. Consideration of approving an amendment to the City Code for the waiver of building permit fees for residential remodeling projects or building modifications for Veterans of the United States Armed Forces. Recommendation: Approve amendment to the City Ordinance waiving City of Monticello building permit fees for residential remodeling or building projects for veterans having sustained a disability while actively serving in the United States Armed Forces. D. Consideration of authorizing Feasibility Study for pavement management project on Kevin Longley and Jerry Liefert Drives. Recommendation: Authorize preparation of a Feasibility Study to complete a pavement rehabilitation project on Kevin Longley Drive and Jerry Liefert Drive in 2008. E. Consideration of calling for public hearing for the sale of bonds for Presbyterian Homes. Recommendation: Call for a public hearing for Monday, June 23, 2008 at 7:00 p.m. to approve the issuance of Revenue Bonds on behalf of Presbyterian Homes. F. Consideration of approving amendment to resolution on Industrial and Economic Development Committee (IEDC). Recommendation: Adopt the amended and restated resolution recognizing the Industrial and Economic Development Committee. G. Consideration of approval of Change Order No. 1 for City Project #2007-18C, WWTP Digester Mixer. Recommendation: Approve Change Order No. 1 in the amount of $17,995 for Kraemer Trucking and Excavating. The Change Order to the WWTP Digester Mixer Project was added as item #SG and items #SC and #SD were removed. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE ADDITION OF ITEM #SG AND THE REMOVAL OF ITEMS #SC AND #SD. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 6. Consideration of items removed from the consent agenda for discussion. #SC- Amendment to City Code waiving building permit fees for remodeling or building modifications for Veterans of the United States Armed Forces Wayne Mayer stated that what concerns him about this ordinance is that is does not address at all the type of disability. He would like to tie the percentage of disability to the percentage of building fees waived, i.e. a 20% disability would qualify them for having 20% of the building fees waived. Clint Herbst explained the purpose of the ordinance citing as an example a veteran who was paralyzed and had to build a ramp for his house entrance. Clint Herbst didn't feel the request to waive the fees would be that common noting 2 Council Minutes: 5/27/08 that the ordinance is not for items such as a new roof or replacing windows but rather for building modifications that need to be made to accommodate an injury. Wayne Mayer asked if there had to be an ordinance or if there was another way to handle it. Joel Jamnik, legal counsel, stated the City's fees are set by ordinance so any amendment to the fees should be by ordinance. Wayne Mayer felt as long as the Council has the ability to look at this on an annual basis, he was okay with it. Joel Jamnik clarified that although the fees are set annually, the Council can consider any amendment to the fees at any time not just annually. Susie Wojchouski noted the time limit in the ordinance of 48 months for submitting the application would also limit the number of requests. Joel Jamnik also pointed out that although the agenda item referred to preparation of the ordinance, the action the Council was being asked to take was to adopt the ordinance. WAYNE MAYER MOVED TO ADOPT THE ORDINANCE WANING CITY OF MONTICELLO BUILDING PERMIT FEES FOR RESIDENTIAL REMODELING OR BUILDING PROJECTS FOR VETERANS HAVING SUSTAINED A DISABILITY WHILE ACTIVELY SERVING IN THE UNITED STATES ARMED FORCES. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 #SD Authorizing Feasibility Study for rehabilitation work on Kevin Longley and Jerry Liefert Drives: Wayne Mayer explained that he had talked to Tom Moores about an alternate to be considered with this feasibility study. It was his suggestion to have Hawthorne Place North included in the study noting there are springs in the area and drainage issues that have impacted the street. WAYNE MOVED TO AUTHORIZE PREPARATION OF A FEASIBILITY STUDY TO COMPLETE A PAVEMENT REHABILITATION PROJECT ON KEVIN LONGLEY DRIVE, JERRY LIEFERT DRIVE AND HAWTHORNE PLACE NORTH. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 7. Consideration of approving plans and specifications and authorize advertisement for bids for head end building and garage, City Proiect No. 2006-32C. City Engineer Bruce Westby provided some background information on the project and then introduced Ed Kodet from Kodet Architectural, the firm that prepared the plans and specifications. The Fiber Optics Committee discussed two different options for the head end building. The two options were modules or build on site with precast panels. Due to budget considerations costs were considered carefully. The precast tip up panels were the most cost effective so the study was limited to this option. There was not enough money in the budget to build the garage so only the slab is being built at this time. The construction of the garage itself will be another project. The head end building will be approximately 35,000 square feet. There is a small space between the head end building and the garage. The majority of the building space is for equipment, there is also a tech room, janitor room, conference room and break room. Around the perimeter of the building there are 6-8 one ton air conditioning units. Since there is so much heat generated by the equipment the air conditioning units are essential. The precast panels serve as the foundation and exterior wall. There are two textures types on the panels. The windows for security reasons will be laminated glass. The roof is a low slope metal roof. When the garage is constructed it will be either wood or steel. The proposed plan for the future garage is that it would be a four bay building with one bay for storage and the other bays for vehicles. Brian Stumpf asked about expansion with the roof slope. Ed Kodet responded that expansion would Council Minutes: 5/27/08 be from the ends of the building. Clint Herbst asked why there would be separation between the building and garage site and why they didn't access the building from the garage. Ed Kodet explained that the air conditioning units and the emergency generators are located there. There was discussion on the size of the break room and conference room and whether they were adequate in size. Ed Kodet stated the break room was sized for four people and the conference room was sized for ten people. Ed Kodet stated the City's consultant on fiber optics had advised them on the size of the building. He added that with electronics things generally get smaller rather than larger. Susie Wojchouski asked if the plan met all the code requirements and did it include a landscaping plan. Ed Kodet said the plan meets all ordinance requirements, Wayne Mayer asked about flooring material in the equipment room. The equipment room floor is concrete with a sealer. Wayne Mayer asked about the standards that were followed in designing the various parts of the building. Ed Kodet stated that the specifications they are working off of are from Daryl Dupree. Clint Herbst pointed out that on May 22, 2008 the Council met to vote on authorizing bonds for the fiber optics project. On that date TDS served notice that a lawsuit had been filed challenging the City's authority to do the fiber optic project. The City feels there is no merit in the lawsuit and the City plans to move forward with the fiber optics project. Brian Stumpf asked if a time had been selected for the special meeting on June 16, 2008 to review the bids and why the special meeting was needed. The reason for the special meeting is to give this part of the project an opportunity to catch up with the rest of the project. Ed Kodet said that they were given a budget for the garage of $200,000-$230,000. WAYNE MAYER MOVED TO AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE HEAD END BUILDING AND APPURTENANCES ALONG WITH AN OPTION FOR THE FOUNDATION FOR THE GARAGE WITH THE BIDS TO BE RETURNED ON THE SPECIAL MEETING TO BE HELD ON JUNE 16, 2008 AT 5:30 P.M. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 8. Consideration of adopting an ordinance setting wales for Mayor and Council for 2009 The proposed wage changes for Mayor and Council were discussed at a previous meeting. It was pointed out that the ordinance did not cover any wages for the Planning Commission or EDA. Brian Stumpf felt changes to the Planning Commission or EDA wages could take place at any time. Wayne Mayer asked if Tom Perrault would explain why he was not in favor of the proposed wage increase. Tom Perrault responded that even though the last pay increase for the Council was 14 years ago the amount of the increase was high. He believed in public service but he would not do it for free. He was not comfortable with the amount of the increase and felt the timing of the increase was bad. The increase would add $25,000 to the budget. WAYNE MAYER MOVED TO APPROVE THE ORDINANCE SETTING THE COMPENSATION FOR MAYOR AT $700/MONTH AND THE COMPENSATION FOR COUNCIL AT $600/MONTH. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. 4-1 4 Council Minutes: 5/27/08 9. Consideration of approving a request for amendment to conditional use permit for a PUD as related to Section 3-2fB1 of the Monticello Zoning Ordinance regulating R-lA design standards. Applicant: Keyland Homes The request for the amendment to the conditional use permit relates to Hillside Farms 1st and 2nd Additions. There are 341ots in the two additions and all but six lots have homes on them. In constructing the 28 homes one of the provisions of the R1A standards relating to garage space not being more than five feet closer to the street than the front line of the home was overlooked by both the developer and the City. At the present time of the 28 homes built only six homes conform to this provision. The applicant in his request for an amendment was asking that this same provision not be enforced against the remaining six lots in the 1st and 2nd addition. The Planning Commission approved this request with the contingency that no split entry homes be allowed to be built on the remaining six lots and that the garage not extend beyond 12' from the front building line of the home. Clint Herbst questioned the importance of the provision since neither the developer or the City picked up on it. Angela Schumann felt it was an important provision since it gives more aesthetic appeal to the structure. Clint Herbst felt there was a sameness to most developments and perhaps some design changes could be made that would break up the monotony of the building style. Clint Herbst felt the change not to allow split entry was satisfactory but he suggested that of the six lots remaining three lots should comply with the provision and the other three would not. The only portion of the R1A standards that is being waived is Section 3-2[B]5 which relates to the garage space not being more than five feet closer to the street than the front building line of the home. Wayne Mayer agreed that as long as the remaining six lots were not constructed with split entry homes he was comfortable with waiving Section 3-2[B]5. Clint Herbst felt the residents may believe by granting this amendment, the City is relaxing the requirements on the quality of construction but the only thing changing is the garage distance. Clint Herbst asked how this impacts the Hillside Farms 3~d & 4th Additions. The provisions of the R1A standards would be applied in the 3`d and 4th Additions. The amendment to the PUD covers only the remaining lots in the Hillside Farms 1st and 2nd Additions. Joel Jamnik clarified that the City could only act on the Hillside Farms 1St & 2nd Additions since no notice had been given for amendment to the Hillside Farms3~d & 4th Additions. Clint Herbst was more concerned about the split entry homes than the garage forward provision. Angela Schumann said if all of the provisions of the R1A design are applied it is difficult to put a typical split entry in a development. Jason Penaz , 5944 Badger Street spoke to the Council expressing his concern about the split entry homes and stated there are a number of residents who share his concern about the number of split entry homes coming into the addition. The resident didn't want any more split entry homes in the addition. Clint Herbst clarified that just Section 3-Z[B]5 was being waived for the six remaining lots and that those six lots would be restricted from having split entry homes. SUSIE WOJCHOUSKI MOVED TO RECOMMEND APPROVAL OF THE AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR HILLSIDE FARMS 1sT AND 2ND ADDITIONS BASED ON A FINDING THAT THE APPLICANTS HAVE PROVIDED ADEQUATE EVIDENCE THAT THE CHANGE IS CONSISTENT WITH THE OJBECTIVES FOR THE R-lA ZONING SUBJECT TO THE FOLLOWING CONDITIONS: 1) NO SPLIT 5 Council Minutes: 5/27/08 ENTRY HOMES BE ALLOWED ON THE BALANCE OF THE LOTS OWNED BY THE APPLICANT AND 2) THE GARAGE SHALL NOT EXTEND MORE THAN 12' BEYOND THE FRONT BUILDING LINE OF THE HOME ITSELF FOR THE BLAANCE OF THE LOTS OWNED BY THE APPLICANT. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 10. Consideration of establishing uolicy for reducing SAC and WAC fees for restaurants that use in whole or Hart Hauer or clastic based utensils Clint Herbst questioned the need to look at this. Wayne Mayer questioned why staff thought this restaurant use was different than a McDonalds. He felt McDonalds has a high level of drive through traffic while this restaurant does not. This restaurant has a bar and McDonalds does not. Since the restaurant use lies between convenience/drive through restaurant and a full sit down restaurant staff was asking direction for calculating the SAC and WAC charges. The City is looking at the Met Council guidelines which uses 1 per 22 seats for fast food restaurants and 1 per 8 seats for sit down restaurants. Staff is working on developing a policy for the gray area where it is not clear which classification the use belongs in. Clint Herbst said the City needs to put infrastructure in and that is what the SAC and WAC fees pay for. He felt if the fee structure is in order there is no reason to change it. For staff the question was not so much the rate as the defining which classification this restaurant belongs in since it is between a fast food restaurant and a sit down restaurant. WAYNE MAYER MOVED TO APPROVE PAYMENT OF SAC AT A RATE OF 1 PER 8 SEATS BASED ON A FINDING THAT THE PROPOSED USE IS CONSISTENT WITH ASIT-DOWN RESTAURANT FACILITY. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 Added Item: Clint Herbst brought up the proposed NASCAR track that is to be located in the Big Lake area. He is concerned about the noise this will generate as well as the increased traffic on TH 25. Susie Wojchouski felt there wasn't enough information available to the city on the proposal or the impact it would have. Clint Herbst said that is why he brought it up now so that the City could investigate it. Wayne Mayer asked if any site had been identified for the facility. Clint Herbst said the transportation system can't handle the existing traffic load and facility would pull in a lot more traffic. Brian Stumpf noted that the facility could generate revenue for the local economy. Susie Wojchouski indicated that maybe adding a facility like this would force MnDOT to come up with a plan for the roadways. The consensus of the Council was that because the facility could have adverse effect on the City especially as far as noise and traffic this proposal should be investigated further. 11. Consideration of anuroving uayment of bills for May, 2008 Wayne Mayer questioned the billing from the assessor's office for $51,000. He questioned at what point the City would look at hiring their own assessor. Clint Herbst explained the problems that can occur if the City doesn't have a well qualified assessor. Wayne Mayer also questioned a billing from NAC that was coded to mileage. Tom Kelly will check into this BRIAN STUMPF MOVED TO APPROVE PAYMENT OF THE BILLS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 6 Council Minutes: 5/27/08 12. Adiourn WAYNE MAYER MOVED TO RECESS THE MEETING AT 8:25 P.M. AND TO RECONVENE THE MEETING ON THURSDAY, MAY 29, 2008 AT 7 A.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 Recording Secretary 7