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City Council Minutes 08-14-1995MINUTE$ REGULAR MEETING - M~NTICELLU CITY COUNCIL Monday, August 14, 199b - 7 p.m. Members Present: Brad Fyle, Shirley Anderson, Brian Stumpf, Tom Perrault Members Absent: Clint Herbst 2. Consideration of ~~~x~ ,n ~t e of ha r .m,lar meetin¢ held 7uly~ 1995. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD JULY 24, ].995, AS WRITTEN. Motion carried unanimously with Clint Herbst absent. 3. Consideration of adding items to the agenda. A. Consideration of na ' g_ at Public Works. Public Works Director John Simola reported that at the completion of phase II of the public works building expansion, the conditional use permit requires paving and curbing of the parking area to the south of the main entrance, the areas immediately in front of the shop and storage facility, and the rear areas around the salt shed and the existing pole building. Staff is obtaining separate prices on the class 5, blacktopping, and curbing, with the cost of all three items estimated at $30,000. Council discussed including the gravel truck entrance from County Road 39 in the proposed blacktopping. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO AUTHORIZE BLACKTOPPING AT THE LOWEST PRICE POSSIBLE IN THE AREAS DESIGNATED BY THE CONDITIONAL USE PERMIT. IN ADDITION TO CONDITIONAL USE PERMIT REQUIREMENTS, PAVING SHOULD INCLUDE THE GRAVEL TRUCK ENTRANCE FROM COUNTY ROAD 39, AT A COST NOT TO EXCEED $24,999 FOR ANY PORTION OF THE WORK. Motion carried unanimously with Clint Herbst absent. 4. Citizens' cornnaents/netitions, rye ,~,uests,~~ ~;~~~ None. Page 1 Council Minutes - 8/14/95 5. Public Works Director Simola reported that staff has re-surveyed the proposed location for ditching and storm sewer improvements to the Maplewood Circle area. It is proposed that the entire ditch bottom and easterly and southerly back-slopes remain within the easement by installing a snow fence along the entire easement line to prevent encroachment into the neighboring properties. He noted that the owners of lots 6, 7, and 8 on the west side of the proposed ditch have agreed to provide the City additional temporary easement at na cost to perform the grading and sloping. The phone company and cable company have agreed to pay the additional cost of working around their cables located in the easement. It was also noted that staff reviewed the area of lot 4 and concluded that this lot does drain into the project area and will benefit from the project. Simola went on to note that one bid has been obtained, which indicates that the project should be well within the $10,000 budget, and another bid will also be received prior to commencing with the project. Tim Churchill, owner of Lot 2, Block 3, noted his concern regarding tree removal and replacement and decreased property value should this project damage trees located on his lot. Rick Jarvis, owner of Lot 3, Block 3, stated that he felt the project cost should be borne by the City rather than the homeowners. Administrator Rack Wolfsteller responded that the charges maybe protested at the assessment hearing and at the District Court level. Mayor Fyle then closed the public hearing. AFTER DTSCUSSTON, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PER,RAULT TO AUTHORIZE CITY STAFF TO PROCEED WITH THE MAPLEWOOD CIRCLE STORM SEWER PROJECT. Motion is based on the finding that the project is needed, will benefit the neighborhood, will be paid for by the benefitting property owners, and is below the original published coat of $10,000. BRIAN STUMPF THEN MOVED TO AMEND THE MOTION BY ADDING THAT THE PUBLIC WORKS DIRECTOR HAS AUTHORITY TO PROCEED WITH THE PROJECT WITHOUT COUNCIL REVIEW OF THE BIDS, THE CITY WILL WAIVE THE ENGINEERING AND ADMINISTRATION COSTS, AND THE CITY WILL PAY THE COST OF TREE REMOVAL FOR TREES LOCATED OUTSIDE OF THE EASEMENT AREA AND WHERE CONSTRUCTION OCCURRED WITHIN THE DRIP LINE, WHERE DAMAGE CANNOT BE ATTRIBUTED TO OTHER FACTORS, Page 2 Council Minutes - 8/14/95 AND WHERE TREE DAMAGE APPEARS WITHIN ONE YEAR OF THE PROJECT. The amendment was seconded by Shirley Anderson. Motion carried unanimously with Clint Herbst absent. 6. Consideration_of a renuest for a conditional use permit allowing d~veldpment of a church,f ~eility in an R-1 zone. Annlicant,,.~, Glorious Church. Assistant Administrator O'Neill reported that A Glorious Church requests renewal of their expired conditional use allowing development of a church in an R-1 zone. O'Neill went on to note that there are no major changes to the plan since the previous approval; however, Dan Gassier has indicated that the Church now has funds available to complete the entire project and will not need to delay construction of the paved surface as previously requested. The Planning Commission recommended approval of the conditional use permit. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO APPROVE THE CONDITIONAL USE PERMIT WITH THE FOLLOWING CONDITIONS: A. City approval of a parking lot, landscaping, and screening plan. Adequate screening of the parking lot area from abutting residential uses and landscaping must be provided. The screen must be at least 6 ft high and achieve 90°k opacity. The screen must consist of either a berm, solid fence, or landscape plantings. Installation of the parl~ng lot screen shall occur at such time that the adjoining residential property is platted. B. City approval of drainage plan must be obtained prior to issuance of a building permit. C. City approval of landscaping plan must be obtained prior to issuance of a building permit. The landscaping plan should include 30 overstory trees to be planted along the perimeter of the developed portion of the property and spaced approximately 35 ft apart. Additional development will precipitate additional plantings. D. City approval of exterior treatment of structure must be obtained to ensure compatibility with the neighborhood. Steel exterior materials shall be limited to ~ of the available wall surface. Motion carried unanimously with Clint Herbst absent. Motion is based on the finding that the church facility as proposed with conditions attached is consistent with the comprehensive plan and is compatible with the existing and future characteristics of the adjoining R-1 zone. Page 3 Council Minutes - 8/14/95 7. Assistant Administrator O'Neill reported that Tony Emmerich, representing Ocella, LLC, requests preliminary plat approval of the Monticello Business Center plat. The plat consists of six lots, Outlots A-F, with a combination of B-3, B-4, PZ1VI, and BC zoning. Development of Cedar Street and subsequent development of internal utility systems serving each outlot will be designed and installed separately with the development of each outlot. The City will determine the precise storm sewer trunk fee amount, review the design of the grading plan, and collect the trunk storm sewer funds at the time of the development of the individual outlots. Until the long-term storm water plan is completed, the property must be developed with an-site ponding sufficient to maintain the current rate of storm water discharge from the site. O'Neill noted that the preliminary plat needs to be corrected to show the necessary easements along the perimeter of each outlot, and it is also suggested that the Cedar Street right-of-way width be increased from fi0 ft to 80 ft along the area south of School Boulevard, and that the School Boulevard right-of way width be increased to 100 ft between Cedar Street and Highway 25. The Planning Commission recommended approval of the preliminary plat. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO APPROVE THE PRELIMINARY PLAT OF THE MONTICELLO BUSINESS CENTER SUBJECT TO COMPLETION OF THE FOLLOWING MODIFICATIONS: 1. Provide all necessary easements along lot perimeters as required by ordinance. 2. Widen Cedar Street from fi0 ft to 80 ft and widen School Boulevard to 100 ft between Highway 25 and Cedar Street. 3. Adjust Cedar Street alignment to enable connection to the Kjellberg Trailer Park frontage road. 4. Subsequent development must adhere to the trunk storm water policy of the City. 5. On-site ponding shall be developed sufficient to manage storm water produced on site. Motion carried unanimously with Clint Herbst absent. Page 4 Council Minutes - 8/14/95 8. - City Administrator Wolfsteller reviewed the second quarter liquor stare financial statements for 1995, noting that gross profits have increased approximately $fi,000 and operating expenses have increased by almost $9,000. He noted that the large increase in operating expense is due to a large expenditure for repair of a walk-in cooler compressor. AFTER REVIEW OF THE FINANCIAL STATEMENTS, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STi7MPF TO ACCEPT THE 6- MONTH FINANCIAL REPORT AS PRESENTED. Motion carried unanimously with Clint Herbst absent. 9. Consideration of reviewing Greater Monticello Enter rise Fund (GMEF) loan Economic Development Director Ollie Koropchak reported that the EDA has requested that City Council review GMEF Loan No. 009 for the H-Window Company, which was approved by the EDA on July 25, 1995. The money approved in 1994 through Loan No. 008 was not disbursed within the 180- day GMEF guideline because the Small Cities Economic Recovery Grant (SCERG) did not close; therefore, Loan No. 008 became null and void, and another loan application was submitted. Koropchak went on to note that the GMEF Loan No. 009 application remains the same as the previous application. The equipment loan was approved for $50,000 at a 5.0% fixed interest rate amortized over seven years. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON TO APPROVE THE $50,000 GMEF LOAN N0.009 FOR THE H-WINDOW COMPANY AS APPROVED BY THE EDA AT A 5.0°~v FIXED INTEREST RATE AMORTIZED OVER SEVEN YEARS. Motion carried unanimously with Clint Herbst absent. 10. Plant Facilities Plan and amendments. Public Works Director John Simola reported that HDR is in the process of preparing cast estimates for the sequencing batch reactor and oxidation ditch, the two alternatives selected for amendments to the Facilities Plan. Council was asked to schedule a workshop for review of the amendments to the Plan. Page 5 Council Minutes - $/14J95 AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIR,LEY ANDERSON TO CALL FOR A PUBLIC HEARING ON THE WASTEWATER TREATMENT FACILITIES PLAN AND AMENDMENTS ON SEPTEMBER 11, 1995, AT 7 P.M., AND TO CALL FOR A SPECIAL COUNCIL MEETING ON SEPTEMBER 6, 1995, AT 7 P.M., TO REVIEW THE AMENDMENTS TO THE FACILITIES PLAN. Motion carried unanimously with Clint Herbst absent. 11. Considera~gn Of aY1le~ld~g the sanitary sewer discharge ordinance relating to penalties for violations. Public Works Director Simola presented a proposed ordinance amendment increasing the maximum civil penalties for sanitary sewer discharge violations. The current ordinance allows a minimum fine of $100 and a maximum of $1,000 for each offense. Since the penalties haven't been increased in over a decade, it was proposed that the maximum fine be increased to $5,000 for each offense. Simola also reported that Sunny Fresh Foods was fined $1.,000 for a discharge violation on July 8, 1995. After discussing the permit violation with the PCA, it was suggested that the City rebate the $1,000 back to Sunny Fresh if they hire an outside consultant to assist with the spill control program. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO ADOPT AN ORDINANCE AMENDMENT INCREASING THE MAXIMUM PENALTY TO $5,000, INCLUDING CLARIFICATION OF LANGUAGE PERTAINING TO COSTS OF DAMAGE. Motion carried unanimously with Clint Herbst absent. SEE ORDINANCE AMENDMENT N0.274. A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO REBATE THE JULY 8, 1995, $1,000 FINE BACK TO SUNNY FRESH FOODS IF THEY HIRE AN OUTSIDE CONSULTANT TO ASSIST WITH THE SPILL CONTROL PROGRAM. Motion carried unanimously. 12. Consideration of setting a date for workshoF(s) to review the 1996 ~c?limina ~ idg After discussion, it was the consensus of Council to set a special meeting fox August 28, 1995, at 5:30 p.m., to review the 1996 preliminary budget. Page fi Council Minutes - 8/14/95 13. consideration of an ordinanc~nQ,n,~,mQnt re sting Sunday hours of operation for liquor license holders. Monticello's current orclinance states that liquor cannot be sold past 12:00 midnight on Sundays; however, due to the fact that New Year's Eve falls on a Sunday this year, Council was asked to consider amending the ordinance to allow liquor sales until l a.m. Monday morning. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON TO ADOPT AN ORDINANCE AMENDMENT ALLOWING LIQUOR SALES TO OCCUR UNTIL 1 A.M., MONDAY- SUNDAY. Motion carried unanimously with Clint Herbst absent. SEE ORDINANCE AMENDMENT N0.275. There being no further business, the meeting was adjourned. -/ ~f ~~'-~... Karin Doty Office Manager Page 7