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City Council Minutes 06-9-2008Council Minutes: 6/9/08 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday June 9, 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 Mav 22, 2008 Special Meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE MAY 22, 2008 SPECIAL MEETING. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0. 2B. Approve minutes of Mav 27, 2008 Special Meeting. SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE MAY 27, 2008 SPECIAL MEETING RELATING TO GOAL SETTING. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 2C. Approve minutes of Mav 27, 2008 Regular Meeting. Wayne Mayer noted on Page 3, #SD the street to be added to the feasibility study is Hawthorne Place North. Tom Perrault stated his comment on page #4 should read, "He believes in public service but he would not do it for free." SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE MAY 27, 2008 REGULAR MEETING WITH CORRECTIONS NOTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 2D. Approve minutes of Mav 29, 2008 Recessed Meeting. WAYNE MAYER MOVED TO APPROVE THE MINUTES OF THE MAY 29, 2008 RECESSED MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 2E. Approve minutes of June 3, 2008 Recessed Meeting WAYNE MAYER MOVED TO APPROVE THE MINUTES OF THE JUNE 3, 2008 RECESSED MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 Council Minutes: 6/9/08 3. Consideration of adding items to the agenda. Riverside Cemetery and signage at the compost facility were added to the agenda. Public Works Director, John Simola submitted an invoice from Bolton & Menk to be added to the list of bills for approval. 4. Citizen comments, uetitions. requests and concerns. Mike Krutzig, 18897 108th Avenue, Big Lake spoke to the Council regarding the SAC and WAC charges for the Buffalo Wild Wings restaurant. Due to an oversight by City staff he was not notified when the SAC issue was to come before the Council. He stated that he felt the agenda item was misrepresented and misunderstood. He added that Jeff O'Neill was on an emergency telephone call and not present during the discussion of the SAC charges for Buffalo Wild Wings. Mike Krutzig distributed copies of the city ordinance relating to sanitary sewer charges. The ordinance has a calculation of 1 SAC charge for 23 seats if the facility is a bar; 1 SAC charge for 22 seats if it is a fast food restaurant and 1 SAC charge for 8 seats if it is a full service restaurant. He noted that if a use was not listed in the ordinance the SAC charge was calculated based on 1 SAC unit per 270 gallons of water per day. He felt that having abar, adishwasher or adrive- through are not factors to be considered in determining SAC charges. Mike Krutzig submitted the staff report presented to the Council at the last meeting. The staff report refers to a sit down restaurant which Mr. Krutzig felt was inaccurate. Intensity of service is what is supposed to be taken into account. Mike Krutzig then presented information on water usage from other Buffalo Wild Wing Restaurants. He felt that putting Buffalo Wild Wings at 1 SAC unit per 8 seats was exorbitant. Clint Herbst asked who calculated the SAC charges. John Simola indicated the City uses the Met Council formula and Gary Anderson determines the number of units. In looking at how other communities applied the SAC charges there was inconsistency with some charging fees based on one unit per 8 seats and others 1 unit per 22 seats. BRIAN STUMPF MOVED TO REVISIT THIS ITEM AT THE JUNE 23, 2008 REGULAR MEETING. Wayne Mayer stated he had a problem with the definitions being used. Wayne Mayer stated he felt the 270 gallons per day did not apply unless the proposed use did not fit the uses listed. Mike Krutzig felt the restaurant is unique to Monticello. Mr. Krutzig felt the restaurant was closer to a fast food restaurant than a full service restaurant and was asking for a SAC charge based on one unit per 22 seats. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED WITH WAYNE MAYER AND CLINT HERBST VOTING 1N OPPOSITION. Angela Schumann, Community Development Director, asked for direction from the Council as to what information they wanted to see in the follow up report. Brian Stumpf said he would like staff to look at why there is nothing between a 1 in 8 seats and a 1 in 22. He would also like to know what portion, if any, of the SAC charge goes toward wastewater treatment plant expansion. Clint Herbst felt the amount of SAC fees may have to be looked at as well as how they are calculated. 2 Council Minutes: 6/9/08 5. Consent Agenda: A. Consideration of ratifying hires and departures MCC, Liquor Store and Parks. Recommendation: Ratify hires and departures for MCC, Liquor Store and Parks as identified. B. Consideration of approving an increase in the amount of the change fund for the Liquor Store. Recommendation: Approve an increase to the liquor store change fund on a temporary basis for only those instances where the liquor store is open on a holiday weekend but the banks are not. C. Consideration to approve a request for extension of a conditional use permit for an amendment to a Planned Unit Development for a retail commercial development at Monticello Travel Center 2nd Addition. Applicant: Mielke Bros., LLC. Recommendation: Approve a one year extension of the June 11, 2007 Conditional Use Permit for an Amendment to a Planned Unit Development for a retail commercial development at Monticello Travel Center 2nd Addition with the condition that all previously approved conditions be assigned to the extension. D. Consideration to approve extension of a conditional use permit for concept stage and development stage Planned Unit Development approval for amulti-tenant shopping center, a conditional use permit for outdoor storage, a conditional use permit for a car wash, a conditional use permit for a motor fuel station/convenience store, a conditional use permit for minor auto repair and preliminary plat approval. Applicant: Mills Fleet Farm. Recommendation: Approve the extension of the June 25, 2007 Conditional Use Permit for Concept and Development Stage Planned Unit Development and preliminary plat for the proposed Mills Fleet Farm for one year from the date of Council approval of the extension with the condition that all previously approved conditions be assigned to the extension. TOM PERRAULT MOVED TO APPROVE THE CONSENT AGENDA. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 6. Consideration of items removed from the consent agenda for discussion. None. 7. Public Hearing on vacation of a portion of Dundas Road right-of-way as related to the Amax Addition plat and vacation of a portion of Old State Highway Trunk No. 25 right-of--way. Bret Weiss, consulting engineer, provided background information noted that the vacation of the Dundas Road right of way was identified as part of the platting of the Amax Addition. The vacation of that portion of the Old Trunk Highway 25 right of way was thought to have been taken care of previously but had not. Mayor Herbst opened the public hearing. John Lundsten, 1804 Hillside Lane, Buffalo indicated he had questions about the vacation of the Old Trunk Highway 25 right of way. He stated he was curious as to why this was proposed for vacation now. Five years ago the City had deeded the property to him and his wife. He had not requested any vacation of the right of way. He stated the 3 Council Minutes: 6/9/08 staff report was not clear about the history of this parcel. The staff report talked about a quiet title action being undertaken by the adjacent property owner. As the adjacent property owner he is the subject of the quiet title action. Joel Jamnik, legal counsel, stated by vacating the street the City is relinquishing its interest in the property for roadway purposes. When the City deeded the property by quit claim deed they were giving up any interest they had in the land. Wayne Mayer further clarified that with the quit claim deed the city was just releasing any interest the city had in the land. When the City vacates the right of way the property goes back to the underlying fee owner. Joel Jamnik said state statutes require the City to hold a public hearing if they proposed to vacate property given as easement or right of way. He added the vacation is a legal proceeding that is for the public and other agencies. If the City doesn't conduct the hearing the release of interest is flawed. A quit claim deed is a release of interest but it doesn't require a hearing. If the City was only releasing their interest in the right of way they would have to follow the Statute 412 relating to the vacation process. If the City wants to both vacate and convey the property both steps would have to be done. John Lundsten asked why the entire parcel was not being vacated. Bret Weiss responded that their information was that portion of the right of way had been vacated so this vacation hearing covered only the portion not covered in the previous vacation. Clint Herbst said even though the area was subject to a quiet title action the City still is required to go through the processes of vacating the right of way. Clint Herbst emphasized that nothing is being conveyed. John Lundsten stated he was not aware that a portion of the right of way had been vacated and he would like to see the documentation for that vacation. Bret Weiss indicated they would provide the documentation. Joel Jamnik said the Council needs to determine if there is any need for the road over that property. John Lundsten said that even though the City says the vacation process does not impact the quiet action title it does. John Lundsten stated he is in opposition to the vacation of the Cedar Street. Clint Herbst said in order for the property to be part of a plat the right-of--way would have to be vacated. John Lundsten repeated his question of who brought up the issue. Clint Herbst believed when the quiet action title was commenced and the platting process for Amax Addition took place is when this issue came to light. Mayor Herbst closed the public hearing John Simola said the power line easement runs in that area and could affect this property. If it does according to the terms of the franchise agreement with Xcel the City would need to notify Xcel Energy. Joel Jamnik stated there was a UPA easement indicated on the drawing but it was not shown where that ran. TOM PERRAULT MOVED TO TABLE ACTION ON THE VACATION OF THE RIGHT OF WAY UNTIL THE JUNE 23, 2008 MEETING. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY 5-0 4 Council Minutes: 6/9/08 8. Considerarion to adopt a resolution of support and award contract for Natural Resources Inventory and Assessment to WSB & Associates. In January the Council authorized proceeding with a request for proposals for a Natural Resources Inventory (NRI). The natural resources inventory will include the YMCA area and the Montissippi Park. Eleven proposals were received by the City. The RFP's were narrowed down to three proposals and the committee interviewed those firms. The Committee was recommending acceptance of the proposal submitted from WSB & Associates at a cost of $19,980. The City was awarded a matching fund grant of $15,000 from the Department of Natural Resources Community Conservation Assistance Program. The City could utilize $10,000 of the DNR funds with $10,000 of the funds the City had budgeted to cover the cost of the Natural Resources Inventory or if the City wanted to utilize the full $15,000 of grant monies, the City could increase the scope of the project to include park/trail planning. It was noted that the City's park plan had not been updated since 2005 and staff felt the use of the grant funds for this purpose was a good use of monies. WSB & Associates anticipates completing the project by October 1, 2008. Brian Stumpf asked if the City goes with adding the park and trail work to the scope of the project how would that impact the estimated completion date. Staff felt the project though increased in scope could still be completed by October. Clint Herbst didn't feel much change had taken place since 2005 with the park/trail plan and that the City and DNR could each save $5,000 by not doing the park/trail planning. Susie Wojchouski noted that most of the Natural Resources Inventory involved land in the orderly annexation area which is not in the City limits. She asked if items identified in the natural resources inventory limited the property owner in the use of his land. Staff indicated that the project was merely identifying natural resources and didn't address the impact of federal regulations or other governing policies relating to natural resources. Susie Wojchouski asked if the City gets permission from the property owner to enter their property. Andrea Moffatt from WSB & Associates responded that property owners will be informed by a newspaper article of the project and what to expect. In addition a letter will be sent to residents in the area affected and the individuals conducting the inventory will carry letters with them regarding the project which will be distributed as needed. Wayne Mayer asked about the price range of the proposals and specifically the estimates of the second and third place bidders. Staff informed him the second bidder was over $27,000 and third place bidder was just under $28,000. The proposals ranged from $19,980 to almost $100,000. Tom Perrault pointed out in the DNR correspondence on the award the DNR noted that no work should begin until the agreement is signed by all parties which they would anticipate being done by the end of June. BRIAN STUMPF MOVED TO RECOMMEND THAT THE CITY OF MONTICELLO ADOPT A RESOLUTION OF SUPPORT AND AWARD THE CONTRACT FOR THE NATURAL RESOURCES INVENTORY AND ASSESSMENT TO WSB & ASSOCIATES BASED ON A FINDING TO BE MADE BY THE CITY COUNCIL. SUSIE WOJCHOUSKI SECONDED THE MOTION. 5 Council Minutes: 6/9/08 Wayne Mayer felt Alternative #1 should be considered and felt the biggest reason to do the study would be to utilize the grant funds. MOTION CARRIED WITH WAYNE MAYER AND TOM PERRAULT VOTING IN OPPOSITION. 9. REMOVED FROM AGENDA 10. REMOVED FROM AGENDA. 11. Consideration of approving the 2007 Storm Water Pollution Prevention Program (SWPPP) Annual Report. City Engineer, Bruce Westby explained the background for the City's participation in the Storm Water Pollution Prevention Program (SWPPP). The City's approved Storm Water Pollution Prevention Program contains six minimum control measures and identifies 39 best management practices and goals for minimum control measures. The City is required to have annual report on their implementation efforts submitted to MPCA (Minnesota Pollution Control Agency) by June 30tH of each year. The annual report was prepared by City staff requiring approximately 80 hours. Bruce Westby anticipates that future reports should require less staff time for preparation. TOM PERRAULT MOVED TO APPROVE THE 2007 ANNUAL REPORT FOR STORM WATER POLLUTION PREVENTION PROGRAM AND AUTHORIZE SUBMITTAL OF THE REPORT TO THE MINNESOTA POLLUTION CONTROL AGENCY. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 Added Items Riverside Cemetery: Tom Perrault noted the grass is quite high and is in need of mowing. John Simola responded that the recent rainfalls have prevented the mowing being done. He added that the contract calls for ten mowings a year. Clint Herbst stated that with the price of fuel the City is trying to get by with mowing less often. Signage at the Compost Facility: Wayne Mayer stated the sign at the compost facility and compactor states the hours of operation are Monday through Friday and there is nothing indicating any weekend hours. John Simola stated the facility is open Saturdays and also Wednesday evenings. Wayne Mayer asked why the compactor is not operational over the weekend. John Simola stated the compactor was provided to the City free of charge and does not have an external power source. To provide a power sources would cost between $3,000-$5,000. He added that the City would pay a two hour call back to have an employee come and operate the compactor. John Simola stated that the Public Works does give out a key for weekend use of the compost facilities. Susie Wojchouski asked what residents are supposed to do with the small branches. The City does have a chipping service and the branches are accepted at the Wright County Compost facility located on County Road 37. He also added that small quantities of twigs (up to two gallons) can be placed in the garbage for collection. 12. Consideration of approving payment of bills for May, 2008. A payment request from Bolton & Menk Inc. for work on the wastewater treatment plant digester in the amount of $159,922.43 was added to the list of bills. 6 Council Minutes: 6/9/08 BRIAN STUMPF MOVED TO APPROVE PAYMENT OF BILLS WITH THE ADDITION OF THE REQUEST FOR PAYMENT FOR THE WASTEWATER DIGESTER PROJECT. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 13. Adiourn TOM PERRAULT MOVED TO ADJOURN AT 8:20 P.M. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 Recording Secretary 7