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City Council Minutes 06-11-2007 Council Minutes: 6/11107 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday June 11, 2007 - 7 p.m. Members Present: Clint Herbst Wayne Mayer, Tom Perrault, Brian Stumpf and Susie Wojchouski Members Absent: None 1. Call to Order and Pledl!e of AlIel!iance. Mayor Herbst called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2 Approve minutes of Mav 29. 2007 Rel!ular Council Meetinl!. TOM PERRAULT MOVED TO APPROVE THE MINUTES OF THE MAY 29, 2007 REGULAR COUNCIL MEETING. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of addinl! items to the al!enda. The following items were added to the agenda: 1) Update on audio equipment in Council Chambers; 2) Joint Planning meeting with Big Lake and Big Lake Township; 3) Update on Finance Director position; 4) Budget process; 5) Jefferson Commons; 6) League of Minnesota Cities conference; 7) MEADA event; 8) Update on Walk N Roll; 9) Public Works Tours; 10) Maintenance of roundabout and 11) Action on letter concerning ballfield improvements 4. Citizen comments. petitions. requests and concerns. Don Doran, 515 Maple Street spoke to the Council about the problems encountered with snowmobiling activity in the city this past winter. He stated the snowmobilers are either driving down the streets or across private property. Although the City does have an ordinance it does not appear that it is enforced as the snowmobilers exceed the speed limit of the ordinance and also operate their snowmobiles off the designated route. Clint Herbst agreed that snowmobiling activity was a problem as the snowmobiles were traveling on the City's sidewalks and pathways. He noted that many communities require that snowmobiles be taken outside the city to be used only on designated trails. He felt now would be a good time for the City to look at their ordinance to see if modifications need to be made. Brian Stumpf concurred with the need to review the ordinance and indicated the state has a special area designated where snowmobiles can cross the river so the City must take that into consideration when looking at their ordinance. Clint Herbst believed the designated snowmobile route through Monticello was supposed to be River Street. He added that the difficulty in enforcing the ordinance is getting the vehicle number so that the owner can be identified. Mr. Doran also commented on a blight situation regarding grass/weeds at a property. He indicated that he had called the City several times regarding the property and there was a considerable length of time that passed before anything took place. He felt that city 1 Council Minutes: 6/11/07 employees who are out and about the city doing their jobs should notify the appropriate department when they see a situation like that. Action on a blight shouldn't have to wait until a resident registers a complaint. Gary Anderson, Chief Building Official, responded that getting this complaint taken care of took longer because the City had to track down the owner of the property. Once the property owner was located, he was notified of the situation and the time frame to correct it. Gary Anderson added that following that there was a period of rain which delayed the mowing of the lot but now the property has been mowed. Clint Herbst didn't feel the City should have to track down the property owner and asked if there was a way the notice could be given to the person at the property address. Legal counsel, Tom Scott, was asked to research the notification process for blights. 5. Consent A2enda: A. Consideration of ratifying hires and departures for Parks, Streets and MCC. Recommendation: Ratify the hires and departures as identified. B. Consideration of a request by Public Works for replacing 1988 plow truck. Recommendation: Move to authorize the purchase of a new Sterling L-8500 single axle truck from Boyer Trucks of Rogers equipped with a dump body and plow equipment from J-Craft Equipment of Lake Crystal under state bid contract, with the option of advertising the 1988 Ford L-8000 on sealed bids prior to trade in date. C. Consideration of accepting contribution from Land of Lakes Choirboys and Sunny Fresh. Recommendation: Adopt Resolution No. 2007-46 accepting contribution and authorizing use offunds as specified by donors. D. Consideration of approving a request for a time extension for the Hidden Forest Development Project - Monticello 39, Inc. Recommendation: Move to extend the June 7, 2005 preliminary plat for Hidden Forest to June 7, 2008 with the following conditions: a. A new fmal plat must be submitted for review and approval by June 26, 2008. b. Finance plans discussed in relationship to this project will need to be re-evaluated prior to any final plat considerations. c. The applicant shall supply all required easements for onsite drainage and for drainage to the Mississippi River. d. The applicant is required to pay the expenses associated with the review of the preliminary plat which total $37,682.89. Payment of these funds is required by January 1,2008, or the preliminary plat shall be considered null and void. These expenses exceed the initial amount on deposit for preliminary plat review. Until the time that the City receives payment to cover expenses, no further review of any portion of the project will conunence. E. Consideration of adding vendors to the liquor provider list for the MCC. Recommendation: Approve the addition of Cornerstone Cafe of Monticello and A Catered Event of Big Lake to the Community Center's approved liquor providers list effective immediately. F. REMOVED FROM CONSENT AGENDA 2 Council Minutes: 6/11107 G. Consideration of an amendment to the development agreement for Carlisle Village 5th Addition. Recommendation: Approve the amendment to the Development Contract for Carlisle Village 5th Addition, based on a finding that the amendment is consistent with the previous approvals for the development. H. Consideration of a request for amendment to planned unit development for a retail commercial development at Monticello Travel Center 2nd Addition. Recommendation: Decision #1) - Approve the Development Staged Planned Unit Development based on a finding that the proposed use is consistent with the intent of the existing PUD and the B-3 District subject to the following conditions: a. The photometric plan shall be revised to reduce the foot candle reading at the property line adjacent to Cedar Street to not exceed one foot candle. b. The applicant shall submit a revised signage plan, illustrating wall signage not to exceed 221 square feet total. The applicant shall also be required to provide square footage of the proposed pylon sign. c. A crosswalk shall be provided at the sidewalk separation extending west to Subway. d. The applicant shall use epoxy or poly-preformed striping for longevity and reduced maintenance. e. The applicant shall waive any use of temporary signs as related to Lot 5, Block 1. f. The applicant shall comply with all recommendations of the City Engineer as outlined in the May 21, 2007 memo prepared by Bruce Westby and the May 22,2007 memo prepared by WSB & Associates, inc. Decision #2) - Approve the conditional use permit for two drive-through facilities, based on the finding that the proposed use is consistent with the intent of the Planned Unit Development and the use satisfies the conditions of approval subject to the Following: 1) A "drive-thru only" sign shall be required at the entrance to the north Drive through lane and 2) The use of either or both drive-through lanes for any high-volume tenant, such as those equal to a fast food user similar to a McDonald's or Burger King is subject to staff review and approval. Tom Perrault questioned on item 5C the contribution for bands at Riverfest whether there were actually any bands lined up. Susie Wojchouski responded that Riverfest has gotten a couple of bands but it is difficult to get the marching bands to commit to the event. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF #5B, #5G AND #5H. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent al!:enda for discussion. #5B Replacement of 1988 L-8000 Ford Plow Truck: Clint Herbst asked what is wrong with the truck they are replacing. John Simola, Public Works Director, indicated that the transmission needs to be rebuilt which is estimated at $9,000. Other items that need repair are the brakes, steering cylinder, dump body and sander. The estimated cost of all repairs would be $38,000. There was discussion on replacing the 1988 plow truck with a hook truck but the hook truck would run about $56,000 more. Tom Moores, Street Superintendent, stated they would be delaying the purchase of the hook truck. The advantage of the hook truck is that you can exchange attachments which allows for greater flexibility. However due to the economy and the slower growth in the City it was felt the purchase of the hook truck could be delayed for 2-3 years. 3 Council Minutes: 6/11/07 I The trade-in value of the 1988 truck is apJroximately $7,500 but stafffelt ifit was sold on the open market it may go as high as $10,000. John Simola said the people who bid on the City's used equipment know that it is well maintained. Clint Herbst said if the vehicle is good enough to sell to someone else it is good enough for the City to use. John Simola explained the vehicle replacement policy that Public Works uses and how this allows them to budget for these major purchases as well as replace vehicles before they require major repairs. Wayne Mayer felt if you are going to spend the money it might be better to go with the hook truck at this time rather than come back in another year with a request to replace another truck. John Simola stated the Sterling truck was supposed to be replaced three years ago but was delayed. In evaluating their equipment needs they felt going with another Sterling truck at this time and adding the hook truck 2-3 years down the road better met the needs ofthe City. Tom Moores stated that the people who would buy the old truck would be using it to plow parking lots. He felt that for emergency type vehicles that are the first ones out to clear streets, a reliable vehicle is needed. The Public Works Department will again evaluate their equipment needs in July when the budget process starts so that the appropriate amounts can be budgeted. Tom Moores added that emission costs for trucks have jumped up as well as the cost of steel. He noted that within five years they would plan to replace or add a street sweeper. SUSIE WOJCHOUSKI MOVED TO AUTHORIZE THE PURCHASE OF A STERLING L-8500 SINGLE AXLE TRUCK FROM BOYER TRUCKS OF ROGERS EQUIPPED WITH A DUMP BODY AND PLOW EQUIPMENT FROM J-CRAFT EQUIPMENT OF LAKE CRYSTAL UNDER STATE BID CONTRACT WITH THE OPTION OF ADVERTISING THE 1988 FORD L-8000 ON SEALED BIDS PRIOR TO THE TRADE IN DATE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5 G Amendment to Development Contract for Carlisle Village 5th Addition: Clint Herbst had a concern about what is happening in the development as far as the trees. He also wondered if everything is in place as far as the letter of credit to make sure that everything is cleared up and trees are replaced. Jeff O'Neill said there is $46,000 in security available for this. Although the trees in the development that are dying must be replaced other trees may be planted outside the plat at the discretion of the Council. Clint Herbst asked Tom Scott, legal counsel, ifhe felt if this was the time to table the item in order to make sure the City has enough funds to take care of tree preservation. Tom Scott felt if that was a Council concern, then the item should be tabled. CLINT HERBST MOVED TO TABLE UNTIL THE NEXT MEETING ACTION ON APPROVING THE AMENDMENT TO THE DEVELOPMENT CONTRACT FOR CARLISLE VILLAGE 5TH ADDITION. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. #5H Amendment to Planned Unit Development for retail commercial development t Monticello Travel Center 2'"' Addition: Clint Herbst pulled this item because of the condition on Exhibit Z stating that the ''use of either or both drive-through lanes for any high volume tenant, such as those equal to a fast food user similar to a McDonald's or Burger King, are subject to staff review and approval." He didn't feel city staff was more qualified to determine this than any consultants utilized by the applicant or tenant. Clint Herbst felt 4 Council Minutes: 6/11/07 because they have their investment to protect, the tenant would not put in something that would be detrimental to the business. The drive-through lanes were either okay or they were not. The drive through lanes should not have to come back to staff. Brian Stumpf said the concern with stacking is to make sure that it does not come back on the public street. Jeff O'Neill said there is concern that there might be occasions where it creates a visibility problem. Clint Herbst felt since it only affects the property owner, the property owner would be concerned that whatever they do works. Clint Herbst reiterated his belief that if the drive-through was okay it should okay for whatever tenant was using it. Susie Wojchouski questioned the building name of Landmark Center since there is already a Landmark Square. She felt it might create confusion not only for shoppers but emergency vehicles as well. Tom Scott stated the City and County have certain controls with naming a plat but he didn't feel they could require the owner to change a building name. Wayne Mayer asked about #3 on Exhibit Z stating that a crosswalk shall be provided at the sidewalk separation extending west to Subway. Dan Mielke addressed this item stating that while he didn't object to this item at the meetings, he did question why he is responsible to provide marking to direct Subway patrons. It is an internal sidewalk. Staff wants them to stripe the area so pedestrians could safely get over to Subway. It was noted that Subway is part of the planned unit development. Dan Mielke felt if people were going to park there to go to Subway they would go straight across and not follow the striping. Wayne Mayer said he couldn't see making this requirement for an interior property and questioned why the crosswalk had to be there. WAYNE MAYER MOVED TO APPROVE THE DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT BASED ON A FINDING THAT THE PROPOSED USE IS CONSISTENT WITH THE INTENT OF THE EXISTING PUD AND THE B-3 DISTRICT SUBJECT TO THE CONDITIONS OF EXHIBIT Z WHICH WERE REVISED TO INCLUDE THE FOLLOWING: 1) THE PHOTOMETRIC PLAN SHALL BE REVISED TO REDUCE THE FOOT CANDLE READING AT THE PROPERTY LINE ADJACENT TO CEDAR STREET TO NOT EXCEED ONE FOOT CANDLE; 2) THE APPLICANT SHALL SUBMIT A REVISED SIGNAGE PLAN, ILLUSTRATING WALL SIGN AGE NOT TO EXCEED 221 SQUARE FEET TOTAL. THE APPLICANT SHALL ALSO BE REQUIRED TO PROVIDE SQUARE FOOTAGE OF THE PROPOSED PYLON SIGN; 3) THE APPLICANT SHALL USE EPOXY OR POLY-PREFORMED STRIPING FOR LONGEVITY AND REDUCED MAINTENANCE; 4) THE APPLICANT SHALL WAIVE ANY USE OF TEMPORARY SIGNS AS RELATED TO LOT 5, BLOCK 1 AND 5) THE APPLICANT SHALL COMPLY WITH ALL RECOMMENDATIONS OF THE CITY ENGINEER AS OUTLINED IN THE MAY 21, 2007 MEMO PREPARED BY BRUCE WESTBY AND THE MAY 22, 2007 MEMO PREPARED BY WSB AND TO APPROVE THE CONDITIONAL USE PERMIT FOR TWO DRIVE THROUGH FACILITIES, BASED ON A FINDING THAT THE PROPOSED USE IS CONSISTENT WITH THE INTENT OF THE PUD AND THE USE SA TISIFES THE CONDITIONS OF APPROVAL WHICH INCLUDES: 1) A "DRIVE-THRU ONLY" SIGN SHALL BE REQUIRED AT THE ENTRANCE TO THE NORTH DRIVE THROUGH LANE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5 Council Minutes: 6/11107 Jeff O'Neill stated that instead of striking condition #2 for the drive-through lanes, language could be added that ifthe two drive-through lanes did not operate safely they could be removed from the conditional use permit. i I 7. Consideration of seUin!! a date for a workshop on the rental ordinance. The Council set a workshop date of June 25, 2007 at 6 p.m. to discuss the proposed rental property licensing ordinance and the property maintenance code. 8. Consideration of approvin!! Chan!!e Order No.1 for Draina!!e Improvements. Monticello School/A Glorious Church. City Project No. 2006-09C. John Simola provided an updated agenda item which included the change order prices. He submitted a sketch showing the location at the wastewater treatment plant for the proposed dryer or sludge tank and pointed out the wetland area. At a previous meeting the Council authorized purchased of wetland credits. He informed the Council that an informational meeting had been held for the adjacent residents. Two residents attended and requested that additional evergreen trees be planted on the City's property at the west end of Mississippi Drive to provide screening. The proposed cost of the change order is $46,652.15. Chuck Keyes from PSG is getting quotes for relocating the fence. John Simola discussed some of the aspects of the change order cost noting that $6,300 covered costs relating to dewatering. He indicated there is a savings of$31,000 by utilizing the material coming out of the pond by CSAH 75. It is estimated that 2400 cubic yards of topsoil and peat soil will be stockpiled on Outlot A of Country Club Manor. 2007 is the first year the City is using MnDOT standards for premium topsoil. Brian Stumpf asked about the wetland credits the City purchased and asked that it be explained again why the wetland credits were not purchased at a local site. John Simola indicated that the price for the wetland credits was significantly less at the Annandale site and the local site was not ready at that time. Brian Stumpf asked if they had a cost for the tree planting that is being proposed. John Simola estimated it would be about $1,500. TOM PERRAULT MOVED TO APPROVED CHANGE ORDER NO. I TO PROJECT NO. 2006-09C IN THE AMOUNT OF $46,652.15 FROM MOTZKO COMPANIES FOR FILLING THE WETLAND AREA AT THE W ASTEW A TER TREATMENT PLANT. PORTIONS OF THE PROJECT OUTSIDE THE CHANGE ORDER WOULD BE REMOVAL AND RELOCATION OF THE EXISTING FENCE AND THE PLANTING OF EVERGREEN TREES WHICH WOULD BE SEPARATE ITEMS. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY Added Items: Ballfield letter: Brian Stumpf asked about the letter sent to the Council concerning improvements to the ballfield. This letter was presented at the last meeting and forwarded to Seth Nelson, Parks Superintendent. 6 Council Minutes: 6111/07 Public Works Tour: Tom Perrault indicated he is unable to make the tour of a number of public works facilities scheduled for Friday, June 16, 2007 and wanted to know if any ofthe other members of the Council would be able to attend. MEADA: Wayne Mayer reminded the Council obhe MEADA movie event which is being held at Pioneer Park on June 15,2007 from 7 p.m. - 11 p.m. If there is inclement weather the event will be moved to the field house at the school. Roundabout: Clint Herbst brought up the maintenance of the roundabout area and the need to have the weeds mowed. John Simola will check with the County first to see ifthey have any requirements or restrictions and will then mow the area. John Simola said he didn't know if there was an approved landscaping plan in place but if not staff will follow up on a landscaping plan. Audio-Visual Equipment at City Hall: Kitty Baltos stated that they have been working with Bill Bruce from the Cable Commission to work out some technical problems the City has been experiencing with their audio visual equipment. They have done testing and made some corrections but there are still some issues to resolve. She noted that these are technical issues and not operator problems. Joint Planning Meeting with Big Lake and Big Lake Township: Jeff O'Neill updated the Council on the first joint meeting which focused more on the scope of the joint effort. They will be working on a transportation plan for both sides of the river and what the implications of development are for the transportation plan. He added there is support for exploring joint planning issues. The next meeting is scheduled for July 11, 2007 at 4:45 p.m. Finance Director Position: The candidate selected by the Council is interested in the position and will be coming later this week for a tour of the city. Ifthe candidate accepts the position, the City will at that point check the references. Jefferson Commons: The Council was being asked how they wanted to handle the remaining land in the Jefferson Commons development since the City has received a number of inquiries. Did the Council want to wait until the bowling alley was developed or how did they want to proceed. Clint Herbst felt the bowling alley would add to the value of the remaining land. They suggested discussing it at the next meeting and outlining some options to be considered. There is approximately 7 acres remaining with the possibility that some ofthe land may be used to house the fiber optic system and staff. Staff was also directed to look at the Krutzig land option and the time frame for that. League of Minnesota Cities Conference: Jeff O'Neill reminded the Council of the League of Minnesota Cities Conference being held in Duluth. Walk N Roll: Susie Wojchouski reminded everyone that Walk N Roll is Saturday June 16,2007 from 9 a.m. to I p.m. It will start at the hospital and the route will go through Ellison Park to West Bridge Park. HRA Purchase of201 East Broadway: In an update provided to the Council it was noted that the HRA does have funds to cover the proposed purchase of the property. The Council could choose make a motion to withdraw their conceptual approval of a loan to the HRA for the property purchase. 7 Council Minutes: 6/11107 SUSIE WOJCHOUSKI MOVED TO WITHDRAW THE COUNCIL'S CONCEPTUAL APPROVAL OF A LOAN TO THE HRA IN THE AMOUNT OF $450,000 FOR THE PROPOSED PURCHASE OF THE PROPERTY LOCATED AT 201 EAST BROADWAY. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. i I Ollie Koropchak asked about further discussion of the possible merger of the EDA and HRA. The Council discussed whether this should be included in the special meeting scheduled on June 25,2007. It was felt it would be best handled as a workshop on its own. 9. Consideration of approvinl!: payment of bills for June. 2007. Tom Perrault questioned a bill from WSB & Associates relating to finance work for the biosolids project in the amount of$6,254.50. Jeff O'Neill said he would contact WSB about the bill but he believed it covered the review and analysis of the trunk fees of the City. SUSIE WOJCHOUSKI MOVED TO APPROVE PAYMENT OF THE BILLS WITH THE INVOICE FOR WSB IN THE AMOUNT OF $6,254.50 PULLED FROM THE BILLS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Adiourn. The meeting adjourned at 8:40 p.m. \.J CU-l.JY\ ~.A-D5~ Recording Secretary 8