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City Council Minutes 05-08-1995 MINUTES REGULAR. MEETING - MONTICELLO CITY COUNCIL Monday, May 8, 199b - 7 p.m. Members Present: Brad Fyle, Shirley Anderson, Clint Herbst, Brian Stumpf, Tom Perrault Members Absent: None 2. Approval of.minutes of the regular megting.,held April 24, 1995. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD APRIL 24, 1995, AS WRITTEN. Motion carried unanimously. 3. Consideration of adding items to the agenda. A. City Engineer Bret Weias provided an update on the School Boulevard project and requested that Council consider authorizing a median to be placed on School Boulevard between Cedar Street and Highway 25. The median would be of concrete construction and would allow right-in and right-out access onto School Boulevard. The developer, Tony Emmerich, would be responsible for SO% of the cost, with the City paying the remaining 20%. It was the consensus of Council to authorize installation of a concrete median on School Boulevard between Cedar Street and Highway 25 as proposed. B. Public Works Director John Simola requested that Council set a special meeting for the purpose of reviewing engineering firm proposals for the wastewater treatment plant expansion. After discussion, it was the consensus of Council to set a special meeting for Monday, May 22, 1995, at 5 p.m. 4. Citizens comments/petitions, requests, and complaints. None. rl iJ 5. Public Hearing--Consideration of vacating storm water and utility easement - Lots 9 and 10, Block 1, Thomas Park Addition. Mayor Fyle opened the public hearing. Page 1 Council Minutes - 5/8/95 Assistant Administrator O'Neill reported that Morton Buildings would like to construct a facility on Lots 9 and 10, Block 1, Thomas Park Addition; however, to build the facility as proposed, the two lots must be merged into one, and the storm water and utility easement between the lots must be vacated. There being no comment from the public, Mayor Fyle then closed the public hearing. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO APPROVE VACATION OF THE STORM WATER AND UTILITY EASEMENT BETWEEN LOTS 9 AND 10, BLOCK 1, THOMAS PARK ADDITION, ALLOWING LOTS 9 AND YO TO MERGE. Motion carried unanimously. 6. Consideration of a re nest to waive buildin ermit fees far a house bein constructed for the Jacob Wetterlin Foundation b Zaudtke Homes. Dean Zaudtke of Zaudtke Homes, Brooklyn Park, explained that as one of the builders in the River Mill development in Monticello, they intend to solicit donated materials, subcontractor labor, and reduced land value price in order to sell their first home and donate the proceeds to the Jacob Wetterling Foundation. He noted that Zaudtke Homes began this project in 1994 in Brooklyn Park, which resulted in a donation of $50,000 to the Foundation. Zaudtke requested that Council consider waiving the building permit fees for the house in River Mill to help increase the amount of the donation. City Administrator Rick Wolfsteller added that Council would need to determine whether to waive only the building permit fees or include the area assessment charge, lift station charge, and trunk water and sewer charges. The approximate total of all charges that would be collected on the permit for a home in the River Mill development is $3,850. He noted that the estimated building permit fee would be $1,100, and the permit fee including sewer and water hookup and water meter fees would total approximately $2,850. After discussion, a motion was made by Shirley Anderson to waive the building permit fees up to $1,500. There being no second to the motion, the motion failed. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO WAIVE THE BUILDING PERMIT FEES AND HOOKUP FEES TOTALING APPROXIMATELY $2,930. Voting in favor: Clint Herbst, Brian Stumpf, Brad Fyle, Tom Perrault. Opposed: Shirley Anderson. Page 2 Council Minutes - 5/8/95 7. Consideration of ado tin an ordinance amendment ravidin for interim uses. Applicant Jay Morrell. AND 8. Consideration of ado tin an ordinance amendment establishin outside stora a and interim use in I-1 and I-2 zones. A licant Ja Morrell. AND 9. Consideration of antin an interim use ermit to allow outside stora e and interim use at Lot 2 Block 3 Oakwood Industrial Park. A licant Ja Morrell. Assistant Administrator O'Neill reported that M & P Transport has been storing equipment on property separate from the principal use, as there is no land available adjacent to M & P Transport to purchase for this purpose; however, this practice is not allowed by the current ordinance. Jay Morrell of M & P Transport is requesting that Council consider an ordinance amendment which would allow this type of activity. O'Neill noted that the Planning Commission reviewed several alternatives and voted to recommend that an ordinance amendment be adopted providing far interim uses in the I-2 district only. City Planner Steve Grittman explained that the ordinance now allows permitted uses and conditional uses, which are permanent uses of land. Adding interim uses to the ordinance would allow the City and the land owner to establish a temporary use of the property. This would be accomplished by the land owner and City executing a contract stipulating when the interim use will cease. Grittman noted that prior existence of an interim use is not cause far Council to issue an additional interim use permit after expiration. He noted that Council is asked to adopt an ordinance amendment stating the intent of the interim use and allowing interim uses in the industrial district. Finally, Council is also asked to consider issuing an interim use permit to Jay Morrell of M & P Transport for parking of equipment on property other than on the principal use site. AFTEr~t DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY CLINT HERBST TO ADOPT AN ORDINANCE AMENDMENT ESTABLISHING INTERIM USES ON A CASE-BY-CASE BASIS. Motion is based an the finding noted by the Planning Commission. Motion carried unanimously. A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY CLINT HERBST TO ADOPT AN ORDINANCE AMENDMENT ESTABLISHING OUTSIDE STORAGE AS AN INTERIM USE IN THE I-2 DISTRICT ONLY AS AN ACCESSORY USE. Motion is based on the finding that the storage of trucks and equipment in the I-2 district is compatible with the ordinary activities Page 3 Council Minutes - 5/$/95 and character of the I-2 district and will not depreciate the value of neighboring properties. Motion carried unanimously. SEE ORDINANCE AMENDMENT NO. 26$. A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO GRANT AN INTERIM USE PERMIT TOM & P TRANSPORT TO ALLOW OUTSIDE STORAGE AS AN INTERIM USE AT LOT 2, BLOCK 3, OAKWOOD INDUSTRIAL PARK, WITH THE FOLLOWING CONDITIONS: 1. The interim use must conform to requirements as identified by ordinance. 2. The term of the interim use is five years from the date of approval. 3. The front yard setback for the storage area shall be at mid- point on the property (approximately 300 ft). The side yard setback shall be 30 ft. 4. Materials shall be stored as far to the rear of the site as possible. Motion is based an the finding that the proposed interim use is consistent with the comprehensive plan and the character of the area in which it is proposed. Voting in favor: Brad Fyle, Shirley Anderson, Clint Herbst, Brian Stumpf Opposed: Tom Perrault. 10. Consideration of authorizin a sewer infiltration and inflow stud . Public Works Director Jahn Simola reported that Council has previously discussed attempting to eliminate infiltration and inflow (I & I) from the City's sanitary sewer collection system, which would result in leas demand and operating cost far the treatment plant. He noted that the current city ordinance does prohibit storm water from entering the sanitary sewer system; however, current stafl"uig levels are not sufficient for the approximate 1,600 connection inspections needed to find out which ones are discharging clear water into the system. Simola stated that Buchen Environmental Services is a firm that specializes in inflow and infiltration reduction programs, which could aid the City in eliminating I & I from the sanitary sewer system. He requested that Council consider authorizing staff to discuss the scope of work with Buchen Environmental and negotiate a contract for review at the next Council meeting. Craig Anderson of Buchen Environmental Services explained that his company was established to assist communities with I & I problems in existing systems. Services provided would include public education and Page 4 Council Minutes - 5/8/95 relations, inspections, necessary ordinance revisions, meetings, etc. The City would also have a record of each house inspected on computer for future reference. When a problem at a private residence is discovered, the owner is given a specified time period to correct it. Anderson noted that approximately 75% of I & I problems exist on private property and noted that a city recently administering this type of program eliminated 100 million gallons of water from their system. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY CLINT HERBST TO DIRECT STAFF TO ESTABLISH THE SCOPE OF THE WORK AND NEGOTIATE A CONTRACT WITH BUCHEN ENVIRONMENTAL SERVICES. Motion carried unanimausly. 11. Consideration of a re uest to reconsider carnival license a lication for Monticello Mall. City Administrator Wolfsteller reported that Julie Ellis, Promotion Director for the Monticello Mall Merchants Association, is requesting that the Council reconsider its previous action limiting the carnival license to 8 days at the mall, as the carnival operator and the mall merchants would like it operational for two full weekends. They are requesting that the license be increased to nine days to allow operation from Friday, May 19, through Saturday, May 27; or that they be allowed to split the 8-day license between the two weekends so that it can operate Thursday through Sunday of both weeks. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO INCREASE THE CARNNAL LICENSE FROM 8 DAYS TO 9 DAYS, EXCLUDING SETUP TIME. Voting in favor: Clint Herbst, Shirley Anderson, Brad Fyle, Tom Perrault. Opposed: Brian Stumpf. 12. Consideration of an amendment to the Monticello Zonin Ordinance that would amend Chatater 3-9 (C) by changing the sign setback minimum. Applicant. Monticello Planning Commission. City Planner Steve Cxrittman explained that Council is asked to adopt an ordinance amendment amending the sign setback minimum in order to eliminate inconsistencies within the ordinance. The amendment would enable placement of pylon signs in the B-4 district at the property line, which is consistent with the minimum setback for buildings in the B-4 zone. He noted that the Planning Commission voted unanimously to adopt the ordinance amendment as presented. Page 5 Council Minutes - 5/8/95 A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO ADOPT THE ORDINANCE AMENDMENT CHANGING THE SIGN SETBACK MINIMUM AS PROPOSED BASED ON THE FOLLOWING FINDINGS: a. The amendment corrects an inconsistency within the body of the current sign ordinance. b. The amendment correlates the sign setback to the building setback, a more natural regulation. c. The amendment results in a more easily-interpreted and applied sign ordinance. Motion carried unanimously. SEE ORDINANCE AMENDMENT NO. 259. 13. Consideration of an ordinance amendment ado tin 1994 Buildin Code. Building Official Gary Anderson noted that the last building code adopted by the City was in 19$8, and he requested that Council consider adopting an ordinance amendment adopting the 1994 Minnesota State Building Code. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON TO APPROVE THE ORDINANCE AMENDMENT ADOPTING THE 1994 BUILDING CODE. Motion carried unanimously. SEE ORDINANCE AMENDMENT NO. 270. 14. Consideration of allowinE construction activity from 7 a.m. to 10 p.m, as requested by Ryan Contracting. Assistant Administrator O'Neill reported that Ryan Contracting, the firm constructing improvements for the HIein Farms project, is requesting that they be allowed to extend working hours to 10 p.m. Current ordinance allows working hours from 7 a.m. to 7 p.m. O'Neill noted that because the HIein Farms project is well separated from residential uses, working beyond 7 p.m. may not create a problem for the nearest residential area. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO APPROVE EXTENDING WORK HOURS BEYOND 7 P.M. DUE TO THE DISTANCE BETWEEN THE DEVELOPMENT AREA AND EXISTING RESIDENTIAL PROPERTIES AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. Hours of operation must end at 8 p.m. 2. Ryan Contracting is to pay the City a supplemental inspection fee for any hours that an inspector must be available after 7 p.m. Page 6 Council Minutes - 5/8/95 3. After-hours construction will not be allowed in the event the inspector is not available. 4. The extension of hours is on a trial basis only and could be withdrawn based on neighborhood complaints or other situations warranting reinstatement of normal working hours. Motion carried unanimously. 15. Consideration of reviewin Trunk Hi hwa 25 drains a stud . Pete Willenbring of OSM reported that the comprehensive storm water management plan for the Trunk Highway 25 area has been completed to provide the City with direction concerning how storm water should be managed within a 1,000 acre drainage area located generally south of I-94 in the vicinity of Highway 25. This area is landlocked and currently has no defined outlet for storm water run-off. The study provides four outlet alternatives consisting of: 1) constructing a gravity outlet to the Otter Creek system; 2) constructing a gravity outfall north to the Maple Street storm sewer system; 3) constructing a lift station to pump water north to the Maple Street storm sewer system; and 4) constructing an outlet for the easterly half of the study area to carry the water easterly into the Hart Boulevard System. Willenbring noted the cost to construct outlet alternatives 1, 2, and 3 is $215,000, $450,000, and $415,000 respectively. No cost was developed for alternative #4, as this alternative could provide an outlet far only part of the area, and the cast was clearly higher than the other alternatives. Interior drainage system improvements that may be necessary as development occurs were estimated at $1,275,000. Willenbring went an to note that the study recommends implementation of alternative #2, construction of a gravity outfall north to the Maple Street storm sewer system. This alternative will be the most cost-effective in the long-term since the City currently has and will have control over the downstream drainage system, and it would provide the highest capacity outlet for the area. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO ACCEPT THE HIGHWAY 25 DRAINAGE AREA STUDY AND RECOMMEND ALTERNATIVE #2, CONSTRUCTION OF A GRAVITY OUTFACE NORTH TO THE MAPLE STREET STORM SEWER SYSTEM, AS RECOMMENDED BY OSM. Motion carried unanimously. Page 7 Council Minutes - 5/$/95 16. Consideration of ado tin rotective covenants and establishin lot rites - Eastwoad Knoll subdivision. Dale Florek of Edina Realty reported that restrictive covenants far the Eastwood Knoll subdivision have been prepared, including major points such as a provision for a minimum house size requirement, mandatory three-car garage, and a tree preservation review process. Council is asked to review the proposed covenants and consider volunteering to sit an the architectural review committee. Following are Council suggestions for modification of the covenants: Include "other maintenance-free siding" as part of the architectural control in #2; Clarify the number of dogs and cats allowed; Add provisions for screening dog kennels; Clarify sod requirements to include sod or seed. Councilmember Herbst volunteered to sit an the architectural control committee. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO ADOPT THE PROTECTIVE COVENANTS WITH AMENDMENTS AS SUGGESTED AND APPOINT JEFF O'NEILL, GARY ANDERSON, AND GLINT HERBST TO THE ARCHITECTURAL CONTROL COMMITTEE. Motion carried unanimously. Discussion then turned to pricing of the lots. Florek completed a market analysis of the site and established prices ranging from $22,900 to $31,900 far cash sales. For the purposes of marketing the lots, the prices would be increased by 5%, which would reflect the minimum cost to purchase lots by contract-far-deed rather than cash. Florek explained the proposed contract- for-deed terms, including cone- to two-year duration of contract, no construction allowed until the City is paid in full, 20% down, and market rate interest. He also suggested a builder program which would allow a builder to buy a lot, then hold hold up to three lots for $500 per lot For up to 1$0 days. The lot hold binder would be nonrefundable but would be applied to the purchase price. After discussion, a motion was made by Shirley Anderson to adopt the initial price listing and require full cash payments. Florek suggested that perhaps Council could also extend lot-holding privileges to private buyers much like is suggested for builders. A discussion ensued regarding concerns with allowing builders to hold lots for 180 days. A suggestion was made that if another party is interested in purchasing a lot that is being held by a builder, the builder be given the Page 8 Council Minutes - 5/8/95 right of first refusal. This method would prevent late being held by builders when private parties are interested in paying cash for the lot. It was also suggested that the holding cost for builders be raised from $500 to $1,000. At this point, Councilmember Anderson withdrew her motion. AFTER FURTHER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO ADOPT THE INITIAL PRICE LISTING AND ESTABLISH THE FOLLOWING TERMS OF SALE: ** 5%a discount for cash ** Contract for deed 1-2 year duration of contract No construction allowed until the City is paid in full 20% down Market rate interest ** Builder ro am Buy 1 lot -cash out City before construction of model home City will hold up to 31ots @ $1,000 per lot for 180 days after cash purchase of 1 lot Lat hold binder is nonrefundable but will be applied to purchase price Motion carried unanimously. 17. Consideration of authorizing the purchase of a 1-ton bucket truck. Public Works Director John Simola reported that after an inspection of the City's safety program and public works facility on March 23, 1995, by Berkley Administrators, representing the City's insurance company, he learned that using a man in a front-end loader bucket to repair traffic lights, install decorations, banners, and tree trimmings, etc., must cease immediately. He noted it is difficult to find someone with a bucket truck that can change traffic bulbs within an acceptable time frame. A bucket truck has been rented in the past at a cost of $250 per day, plus 6 man- hours to pick up and return the unit, plus all general liability and comprehensive insurance. Simola explained that staff would like authorization to purchase a new or used 1-ton truck with a 30-ft single bucket arm-mounted in the bed. Anew unit would coat around $40,000. He noted that during a recent search of truck and heavy equipment advertisements, sunit like the one staff prefers Page 9 Council Minutes - 5/8/95 was found far $8,995, and a van was found for $14,000; however, both units were sold before staff was able to get authorization from Council to purchase a unit. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRAD FYLE TO AUTHORIZE CITY STAFF TO PURCHASE A USED VEHICLE EQUIPPED SIMILAR TO THE TRUCK PREVIOUSLY FOUND IN GRAND RAPIDS, MICHIGAN, AND AUTHORIZED EXPENDITURES UP TO $10,000. Voting in favor: Brian Stumpf, Brad Fyle, Shirley Anderson, Clint Herbst. Opposed: Tom Perrault. 1$. Consideration of approving the. purchase of a new parks mower. Public Works Director Simola requested that Council consider replacement of a 1985, fi50 Jahn Deere Txactor with a 72-" belly-mount mower, which has had considerable mower deck problems. Quotes were obtained as follows: A Jahn Deere, model F935, front-mounted mower with a 72" mawer at a price of $11,287.20; A Toro, model GM223-D, 72" side discharge front- mounted deck at a price of $11,594; and a Toro, model GM325-D, with a front-mounted 72" mower for $12,488. The latter has additional amenities that would offer the lowest life cycle total cost and less down time than hag been experienced with the John Deere mower deck system. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO TABLE APPROVAL OF PURCHASING A NEW MOWER PENDING FURTHER INFORMATION ON PURCHASE OF A BUCKET TRUCK. Motion carried unanimously. There being no further business, the meeting was adjourned. _. n Doty Office Manager Page 10