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City Council Minutes 05-12-2008Council Minutes: 5/12/08 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday May 12, 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 Apri128, 2008 Regular Meeting. SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE APRIL 28, 2008 REGULAR MEETING. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH WAYNE MAYER ABSTAINING. 4-0 2B. Approve minutes of Apri129, 2008 Board of Review. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE APRIL 29, 2008 BOARD OF REVIEW MEETING. SUSIE WOJCHOUSKI SECONDED THE MOTION. Tom Perrault indicated on page 2, paragraph 3 language should be added to make it clear that the convenience store had lost 50%-60% of their revenue. He also felt in his motion on the valuation for the property identified as 155-010-003040 that the meeting with the assessor was to review revenue income from the commercial business and not to review comparable sales as indicated in the minutes. Brian Stumpf said it was his understanding that since there was only six months of income figures established the assessor didn't feel that was sufficient data to review in order to make a change to the valuation. The assessor thought at least one year of income data would be needed. Susie Wojchouski felt the motion as worded was appropriate. MOTION CARRIED WITH WAYNE MAYER ABSTAINING. 4-1 3. Consideration of adding items to the agenda. The following items were added to the agenda: 1) Office space for FiberNet Monticello; 2) Update on implementation of procedures recommended by the Council for the liquor store operations; 3) National Day of Prayer; 4) Watering ban ordinance; and 5) Compost facility. 4. Citizen comments, petitions, requests and concerns. Eleanor Rademacher, 607 Vine Lane suggested establishing a community garden where garden plots could be rented for a reasonable price. She listed the benefits of having a community garden and noted this is not a new idea since there were Victory Gardens back in the World War Council Minutes: 5/12/08 II era. Staff will research this further and come back at the next meeting with additional information. Dean Smith, 3551 Redford Lane, commented on the increase in traffic generated by the commercial area of the bowling alley. He indicated there was once a cul-de-sac there which was removed. He suggested the Council look at either making Redford Lane a one way street or re-establishing the cul-de-sac. Staff noted the cul-de-sac was removed so school bus traffic could get through. Clint Herbst suggested the Police Commission review this item, have the Sheriff's Department monitor this area, have the speed trailer out in that location and follow it up with enforcement. Dean Smith emphasized that the traffic coming down the road was from the bowling alley and related commercial uses in the area. Brian Stumpf asked about the distance from School Boulevard to where the housing started and Dean Smith indicated it was about three blocks. Brian Stumpf questioned whether making it a one way street would be effective unless there was adequate police enforcement of the one way. 5. Consent Agenda: A. Consideration of ratifying hires and departures MCC and Liquor Store. Recommendation: Ratify the hire/departures of employees as identified. B. Consideration of authorizing School Boulevard Signing and Striping Modifications, City Project No. 2008-08C. Recommendation: Authorize all signing and striping modifications as identified at a cost of $13,156.25. C. REMOVED. D. Consideration of Change Order Number 1 and Final Payment for Demolition Project No. 2007-20C, the Cedar Street Garden Center and the farmhouse and two outbuildings at 8617 Edmonson Avenue NE. Recommendation: Approve Change Order No. 1 to Project 2007-20C in the amount of $500 for the additional silo slab at the farm site making the total project contract $26,000 and to approve final payment in the amount of $26,000 contingent upon receipt of all lien waivers, state withholding certificates and material disposal documentation. E. Consideration of approval of preliminary and final plat for Amax Addition and consideration of approval of development agreement. Applicant: Glen Posusta. Recommendation: Approve the preliminary and final plat of Amax Addition subject to a finding that the proposed use is consistent with the intent of the B-3, Highway Business District and the Comprehensive Plan subject to the following conditions: 1) The property lines in the northeast corner of Lot 1, Block 1 and the northwest corner of Lot 1, Block 2 shall be pulled back 20 feet to allow for sight distance at each of the property corners at the intersection of Cedar Street and Dundas Road; 2) The preliminary and final plats shall be revised to show pending street vacation for Dundas Road; 3) Any action relating to the existing signs in the plat would require a separate amendment to the PUD; 4) Any new construction on Lot 1, Block 1 would require a separate set of zoning approvals once plans and details for that construction are available; and 5) The applicant enter into a development agreement outlining the terms of this approval. 2 Council Minutes: 5/12/08 Item #SB was pulled and item #14, approval of preliminary and final plat for Amax Addition was added to the consent agenda. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF #SB, SCHOOL BOULEVARD SIGNING AND STRIPING MODIFICATIONS AND THE ADDITION OF #14, PRELIMINARY AND FINAL PLAT APPROVAL OF AMAX ADDITION AS ITEM #SE. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 6. Consideration of items removed from the consent agenda for discussion. Wayne Mayer asked City Engineer Bruce Westby to explain all the various items that were covered by this project. Clint Herbst asked John Simola about the crosswalks and why city staff couldn't put in the zebra striping. John Simola said Public Works staff does some striping work but they only have the capability to do water based striping. They do not have the equipment for the type of striping proposed in this project. Clint Herbst asked that John Simola price out the equipment needed for staff to do the striping work. Clint Herbst also asked how the crosswalk markings were removed. John Simola indicated there is equipment used that grinds off the markings. Bruce Westby started at the westerly end of the project boundary and explained the work proposed. Some striping improvements are needed in the area where River City Extreme is located. Striping and signing needs to be done at the intersection of Deegan Avenue and School Boulevard. Bruce Westby noted that west of TH 25 there is no speed differential but there is on the east side of TH 25. Wayne Mayer questioned transitioning the speed change just before the intersection at Fallon Avenue. Bruce Westby said a meeting is being scheduled with MnDOT in the near future and he will bring up the question on the speed change and get MnDOT's rationale for why they are proposing the speed limit be changed at that location. It was discussed whether MnDOT was aware that there is a four-way stop at this intersection. Wayne Mayer questioned whether there was flexibility in the recommendation of the MnDOT memo of January 2007. Bruce Westby felt MnDOT would require the City to put in what was outlined in the memo. Bruce Westby said the City could complete the other work and when a decision was made on the location of the speed sign the City could come back and do that. Wayne Mayer said if the City authorizes the work would MnDOT require adherence to their recommendations regardless of whether afour-way stop is now located there and if the City is not in favor of the transition speed area. Wayne Mayer said he would have a hard time authorizing this project if there is no consideration by MnDOT on the issues raised by the City. Bruce Westby felt when dealing with speed limits MnDOT is pretty much black and white with their recommendations. SUSIE WOJCHOUSKI MOVED TO TABLE THIS ITEM. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0. Tom Perrault asked if removal of the signs would alter the speed recommendation that was made. Bruce Westby indicated it would not. Council Minutes: 5/12/08 7. Consideration to adopt a resolution approving and adopting the Monticello, Minnesota 2008 Comprehensive Plan. The City Administrator and Community Development staff reviewed the process followed in getting the City's Comprehensive Plan to this point. It was a two year process involving neighborhood meetings, opportunities for public input and meetings by the Comp Plan Task Force. On Apri130, 2008 the Planning Commission held a public hearing on the adoption of the 2008 Comprehensive Plan. The Planning Commission noted three concerns: 1) Transportation Plan -The Planning Commission felt this was an integral part of the Comprehensive Plan. It is important that the Transportation Plan gets completed in a timely manner and incorporated into the Comprehensive Plan. There is a joint meeting planned between the City Council and Planning Commission on June 9, 2008 to consider the Transportation Plan; 2) Verification of land uses in the northwest area in the location of the Xcel Energy plant; and 3) Modification to land use plan relating to growth in the eastern portion of the city. The Council was also being asked to address the request to change the designation of a 14 acre tract in the Otter Creek development from "Places to Work" to "Places to Live". Wayne Mayer asked if there was any merit in leaving the designation for Outlot F of Otter Creek Crossing flexible rather than changing it. Staff felt by designating its use it would give the property owner and developers a better idea of how the property could be developed. Susie Wojchouski, liaison to the Planning Commission reviewed some of the concerns raised when the Planning Commission considered this item. It is proposed that the Comp plan will be reviewed by the Council and Planning Commission on an annual basis. Jeff O'Neill also stated that the planning work the City is involved in with the City of Big Lake and Big Lake Township will be coming up for discussion on June 9, 2008 as far as what is the next step the City should take. SUSIE WOJCHOUSKI MOVED TO ADOPT THE RESOLUTION APPROVING AND ADOPTING THE CITY OF MONTICELLO MINNESOTA 2008 COMPREHENSIVE PLAN SUBJECT TO THE NOTATIONS OF THE PLANNING COMMISSION OF 1) COMPLETION AND INCORPORATION OF THE TRANSPORTATION PLAN CHAPTER AS A CRITICAL COMPONENT OF THE PLAN; 2) VERIFICATION OF THE NORTHWEST AREA EXISTING LAND USES ON FIGURES 2-2 AND 3-2 AND; 3) ELIMINATION OF WORDING ON PAGE 3-22 STATING "UNDER CURRENT CONDITIONS, THERE IS NOT SUFFICIENT HOUSING DEMAND TO SUPPORT FURTHER EXPANSION TO THE EAST" AND TO FURTHER FIND THAT ON OUTLOT F OF OTTER CREEK CROSSING BECAUSE IT ABUTS A RESIDENTIAL AREA AND BECAUSE OF CERTAIN TOPOGRAPHIC FEATURES THIS PROPERTY IS MORE CONDUCIVE TO RESIDENTIAL USES. GLINT HERBST SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION Tom Perrault noted his opposition was with language relating to the downtown area, the YMCA property and the greenway corridor. Clint Herbst commented that it would be more appropriate to bring this up before the motion is made. CHANGE INAGENDA: Because of the number of people present to address this item, the Council moved agenda item #13 up. 4 Council Minutes: 5/12/08 13. Consideration of a request for a conditional use permit for outdoor sales and display as related to an outdoor volleyball facility in a B-4 (Regional Business) District. Applicant: River City Extreme. The request is for a volleyball court in the area of the proposed future banquet facility. There will be two volleyball courts in approximately 7,000 sq. ft. Open and outdoor storage is a permitted use in a B-4 district if it is connected to the principal use and is less that 30% of the floor area of the principal use. Outside service area is required to be fenced and an approved landscape plan is to be included. No additional landscaping is proposed as part of this application. The previously approved landscaped plan shows a row of shrubs and deciduous trees. Alighting plan for the area has also been submitted. No additional parking is required for this use and no additional signage is being requested. Hours of operation for the volleyball court were proposed from 5 p.m. to 11 p.m. Monday through Friday and 12 p.m. to 10 p.m. on Saturday. The Planning Commission recommended modifying the hours of operation to 9 p.m. At the public hearing conducted by the Planning Commission residents raised concerns about noise from the patrons of the River City Extreme as well as noise generated from garbage pickup which is done early in the morning. They were also concerned about increased traffic both vehicle and pedestrian. The Planning Commission voted 3-2 to deny the request for a conditional use permit based on the fact that outdoor use is not compatible with residential area and the impact of the noise and additional traffic. Sean Fogarty, 3608 Redford Lane noted that even though the proposed use meets the conditions of the ordinance it still has a great impact on the neighborhood, especially the noise. He added that it is not just his property that is affected but all the neighbors to the west as well. Sean Fogarty said since River City Extreme has only been in operation six months the neighborhood has not experienced a summer with the facility being open so they have no knowledge of the noise and traffic levels of this facility in the summer. This makes him reluctant to have another use allowed when they don't yet know the full impact of the original use. He suggested the Council consider tabling it until there was one full year of operation after which noise and traffic impacts could be reviewed. He stated when residents built in the location they knew there would be a bowling alley built but they did not anticipate construction of the volleyball facility. Christine Alberts, 3596 Redford Lane was concerned about the proposed hours of operation to 11 p.m. She felt if the volleyball court was profitable River City Extreme may move it closer to the fence when they construct their banquet facility. Susan Day, 3565 Redford Lane also expressed concern about the hours of operation noting that there are many young families in the area and the noise of the volleyball courts would extend beyond the time the kids are in bed. Mark Parnell one of the owners of River City Extreme spoke stating the River City Extreme is a family entertainment center. This spring they had received requests to set up a volleyball court. Currently Hawk's Bar is the only facility that has volleyball courts and they are full. He stated that they would be willing to compromise on the hours of operation making it 9 p.m. or 9:30 p.m. instead of 11 p.m. The volleyball court is a small investment which allows them to use that area until such time as the banquet facility is constructed. He felt the noise level would be minimized by the building. The lighting was designed to complement the rest of the building lighting. Since the time the lighting plan was submitted they have opted not to put any lights on the west facing walls. Lights 5 Council Minutes: 5/12/08 will be only on the south facing walls which look into the parking lot area. He noted the Fogarty and Johnson residences are screened by a 40' row of deciduous trees. Mark Parnell further addressed the noise concerns stating they have changed the time of garbage pickup from 6 a.m. to 9 a.m. He stated that they are trying to be a good neighbor and are making efforts to control noise. He stated the residents have used the River City Extreme property for dumping their grass clippings and leaves. He expressed his disappointment that the residents raised these issues only in a public meeting. He believed the River City Extreme property was rezoned to commercial in 1995 and the housing development came after that. Mark Parnell said without being able to blend their difference and being able to communicate he is not sure that they can accomplish their goal of making this a top family entertainment center. Wayne Mayer asked further about the hours of operation. Mark Parnell explained what other facilities like Big Lake does. If the volleyball court is approved he believes the season would run until September. Because they are family based entertainment business, they would be monitoring language, noise and other activities to make the facility inviting to families. Wayne Mayer asked about alcohol being served at the volleyball court. Mark Parnell stated there would be no portable bar in the court area and no outdoor sales of alcohol. He also explained the access to and from the court area would be through the River City Extreme building. Sean Fogarty stated it was not the lights from the facility but the noise that was a concern to him. In the summer he would like to have the option of having his windows open and he is not sure how much the trees and fencing would cut the noise. He doesn't know how the existing set up will affect them in the summer months. Shelli Sutherland, 3554 Redford Lane stated she didn't want to be listening to the noise from the bowling alley. She felt the Council needs to consider the residents peace and quiet within their home. She added that the neighbors were not aware of the proposed volleyball court. Clint Herbst noted that at one time the City was proposing a ballfield complex for this general area which would have generated a lot noise and traffic as well. Brian Stumpf felt the owners of River City Extreme had made an effort to work with the neighbors. A number of residents stated the perception is that the neighborhood is against River City Extreme but that is not the case. They felt their right to peace and quiet needs to be considered. Dean Smith questioned the comment that River City Extreme worked with residents pointing out that the tree line on top of a berm was something that was supposed to happen but never did. His property is across the street from the properties that abut the River City Extreme property and he can hear the noise from the bowling alley. He said it is difficult for kids to sleep with all that noise and the Council needs to consider that. Christine Alberts again brought up what happens in two years when the banquet facility is built. Mark Parnell responded that the banquet facility would draw considerably more people than the volleyball court. The banquet facility is the main focus and the volleyball court is an interim use for them until such time as the banquet facility is constructed. Tom Perrault also expressed his concern about the noise. Most people feel commercial zoning means retail stores not business that are open until 1 a.m. Susie Wojchouski stated that in looking online at similar facilities, other communities had required fencing, setting decibel limits and considered 6 Council Minutes: 5/12/08 violation of these items as a factor in licensing. Susie Wojchouski reviewed some of the comments from the Planning Commission public hearing. Brian Stumpf felt that waiting a year before considering this would not change anything. The issues that were brought up now would be brought up then. Brian Stumpf added that he was not opposed to an end of season review of the volleyball court operation. Clint Herbst asked if they had approval for an outdoor eating area. Mark Parnell indicated they have a large outdoor patio area that seats 85 people but so far the weather has not been conducive to the patio being used. Wayne Mayer asked Rod Dragsten to elaborate on the trial period referenced by the Planning Commission. Wayne Mayer was in agreement with the Planning Commissions idea of a trial season as he felt it was a question of how much the neighbors are expected to absorb. Wayne Mayer stated the only way he could agree to the volleyball court is if there were no lights on the facility. He added that as long as there were no outdoor sales of alcohol he would agree to a one year trial. Wayne Mayer asked about outdoor speakers and was informed there would be none. After the trial period the issue could be looked at again. Susie Wojchouski asked if it was necessary to have volleyball scheduled 5-6 days a week and wondered if limiting the number of days would make a difference. Wayne Mayer asked if the City could dictate a time frame that the volleyball activity would cease. Joel Jamnik, legal counsel replied that the City can not put a duration period on a conditional use permit. Once the conditional use permit is approved it continues as long as the conditions are met. There is no such thing as a trial basis for a conditional use permit. If the Council set conditions and these conditions were not met the City could consider revocation of the conditional use permit. There was some discussion on what conditions could be set and how compliance to these conditions could be measured to determine if there was a basis for revocation of the conditional use permit. Joel Jamnik felt that any violations such as noise or profanity would have to be repeated, pervasive and ongoing for it to be considered a basis for revocation. Isolated incidents would be hard to weigh. Joel Jamnik stated if this was an interim use permit the Council could place a time limit on the interim use but the City cannot do so with a conditional use permit. If the property owner would consider requesting an interim use permit for the volleyball facility, the Council could act on that. The Council asked Mark Parnell if an interim use permit is something they would consider and he indicated they would. WAYNE MAYER MOVED TO DENY A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR SALES AND SERVICES AT RIVER CITY EXTREME BASED ON A FINDING THAT THE SUBJECT USE IS NOT CONSISTENT WITH THE INTENT OF THE B-4 DISTRICT AND THE CONDITIONS OF APPROVAL HAVE NOT BEEN MET. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF AND CLINT HERBST VOTING IN OPPOSITION. 3-2 Clint Herbst noted what the business people pay in the way of taxes and for that reason he hates to unnecessarily handicap the businesses. 8. Consideration of approving Plans and Specifications and authorizing bids for the Fiber Optic Network, City Proiect No. 2006-32C. Clint Herbst stated that there have been some rumblings by TDS that they will be supplying fiber optic. However in an earlier meeting TDS had stated that they were not going to go with fiber optic since they already have copper in the ground. Council Minutes: 5/12/08 Scott Bowles from Spectrum Engineering gave a presentation. He noted that plans and specifications will be done at the end of the week. The project is being designed in 19 phases with construction to begin at the head-end building. Bruce Westby indicated there maybe slight modifications as they go but they didn't anticipate any major change orders. Scott Bowles noted the field walk out has been completed. They have checked addresses, located meters and noted any discrepancies between the plans and what is physically out there. Unit bid items are standard industry specific terms. The contractor will be working 7 a.m. - 7 p.m. in compliance with the City's noise ordinance. All work will be done with directional boring machines to minimize disruption. All permit applications will be submitted to Bruce Westby. There are three interstate crossings and three railroad crossings. In all 32 permits are needed. Nineteen cabinets will be located throughout the city either on city property or on right-of--way. Cabinets are designed at 90% capacity which allows for hookup of traffic lights, hi-fi hot spots or special customer needs. They are adding a drop design which was not included originally. Scott Bowles talked about the pre-qualification process. 17 contractors responded to the pre-qualification advertisement. That number has since been reduced down to 6-7. He explained the point system they used to rate the applicants. The top applicants are: 1) Atlantic Engineering Group, 2) Grady Crawford Construction 3) Nastech North America; 4) Michels; 5) MP and 6) North Central Services. They hope to have the Council approve the plan and authorize the advertisement for bid tonight. May 22, 2008 would be a pre-bid meeting with the bids to be received on June 5, 2008 and approved by the Council on June 9, 2008. It is hoped construction would start on June 30, 2008 and be completed by the end of November. 15% of the customers could be connected yet this year. SUSIE WOJCHOUSKI MOVED TO APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE FIBER OPTIC NETWORK, CITY PROJECT NO. 2006-32C. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 9. Consideration of authorizing change order approval process for Fiber Optics Network, City Project No. 2006-32C. City Engineer, Bruce Westby provided background information on the change order approval process to be used on the fiber project. He indicated that there are situations where the staff needs to act quickly such as safety conditions and cannot wait to bring the item before the Council for their approval. It is being proposed that the Council set a dollar amount and any work that would exceed this amount would have to come before the Council for approval. Bruce Westby thought a price between $25,000-$50,000 should be considered. Clint Herbst felt it was important to have the Council updated if there is a change order approved by staff without coming before the Council. Wayne Mayer asked what criteria they used to come up with this figure and he asked Scott Bowles what he felt would be reasonable. Scott Bowles said $10,000 would be too low. He suggested $25,000 to $30,000. BRIAN STUMPF MOVED TO AUTHORIZE A PRESET DOLLAR AMOUNT TO BE USED IN THE CHANGE ORDER APPROVAL PROCESS FOR THE FIBER OPTIC PROJECT DEFINED HEREIN IN THE AMOUNT OF $25,000. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 8 Council Minutes: 5/12/08 10. Consideration of approving plans and specifications and authorize advertisement for bids for grading and utilities for the fiber optics head-end building Shibani Bisson explained that the project relates to the grading and extension of utilities to the head end building located near the water tower in Jefferson Commons. Grading needs to be done to accommodate the building and garage as well as for the parking lot and driveway. Fencing around the site is included. Landscaping will be done as well. Brian Stumpf said he is opposed to the 6' chain link fence as he didn't think it was aesthetically appealing. Clint Herbst suggested keeping the chain link fencing but include an alternative bid for another type of fencing. John Simola said the water tower is surrounded by chain link fence and that is the reason they went with it here. Chain link allows them to see in. Tom Perrault asked about the future expansion of the head end building. Shibani Bisson reported that they are looking at pre-cast and masonry. The pre-cast if awarded would have to expand to the south and the masonry if awarded would have to expand to the west. The building size is 48' x 72'. Susie Wojchouski questioned the $120,000 estimate and was informed that it was for grading and utilities and not construction of the building. Plans and specifications for the head end building will come before the Council at the next meeting. TOM PERRAULT MOVED TO THE PLANS AND SPECIFICATIONS AND AUTHORIZE THE ADVERTISEMENT FOR BIDS FOR THE SITE, GRADING AND UTILTY PLANS FOR THE FIBER OPTIC HEAD END BUILDING, CITY PROJECT NO. 2006-32C AND TO INCLUDE TWO FENCING OPTIONS CHAIN LINK AND AN ALTERNATE. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0. 11. Consideration of approval of conditional use permit and simple subdivision for fiber optics head end building. The head end building is a permitted use. The outside storage is required for the satellite dish receiver. The Planning Commission conducted the public hearing on the conditional use permit and recommended approval. The simple subdivision is to split the area of the lot to be used for the head end building from the water tower area. TOM PERRAULT MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE AS SUBMITTED BASED ON A FINDING THAT THE PROPOSAL MEETS THE REQUIREMENTS OF THE ZONING ORDINANCE. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 SUSIE WOJCHOUSKI MOVED TO APPROVE THE SIMPLE SUBDIVISION BASED ON A FINDING THAT THE CREATION OF THIS SEPARATE PRACEL IS THE MOST EFFECTIVE WAY TO SERVE THE PUBLIC AS A PART OF THE FIBERNET PROJECT CONTINGENT UPON THE GRANTING OF THE LOT FRONTAGE VARIANCE BY THE PLANNING COMMISSION. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 9 Council Minutes: 5/12/08 12. Consideration of authorizing extension of the headlight screening fence at River City Extreme. Bruce Westby reviewed the background for Lot 14, Block 4, 3758 Hayward Court South. The property owner had previously come before the Council on a trespass issue. The property owner had requested that the fence be extended. Clint Herbst noted his concerns: 1) the fence has to stay on the control property and should not be moved from one property to another and 2) need to look at a gate so they could access the backside of their fence. He also felt if the City proceeds with the fencing the City should be assessing it back to the future developer of the property on the east. Brian Stumpf said for any development to east the City should require a fence on the property line. Susie Wojchouski asked if there were more updated aerials. Bruce Westby indicated that these were 2006 aerials and the County would be flying them again this year. Bruce Westby noted in the zoning ordinance there was a provision for a %2 berm which is to keep headlights from shining into the yard. This ordinance amendment should eliminate future problems like this. The property owner, who was present, wanted clarification as to whether the fence was permanent or temporary. Clint Herbst felt at some point the fence could be taken down but that would not happen until the tree line is filled in. Susie Wojchouski asked who would be responsible to replace the fence if it was damaged in a storm. It was pointed out that the bowling alley is responsible for maintaining the fence. Susie Wojchouski asked if the fence was extended beyond his property would that eliminate the trespassing problem. The property owner said he didn't know. Brian Stumpf pointed out that the purpose of the fence was for headlight screening and not for controlling trespassers. There was some discussion on location of the gate. Brian Stumpf said he doesn't want to go through with putting in a gate. He felt the City should just put up the fence. Clint Herbst said it should be assessed back to the property owner when the property develops. BRIAN STUMPF MOVED TO AUTHORIZE THE PURCHASE AND INSTALLATION OF 78 LINEAR FEET OF 6' FOOT TALL WHITE VINYL PRIVACY FENCING FROM AUTHORITY FENCE AND DECK INC, ALONG THE REAR PROPERTY LINE OF LOT 14, BLOCK 4 OF GROVELAND 4TH ADDITION AT A COST OF $3,495 WITH THE COST TO BE ASSESSED TO THE PROPERTY OWNER TO THE SOUTH AT THE TIME THE PROPERTY DEVELOPS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0. 14. Consideration of approval of preliminary and fmal plat for Amax Addition and consideration of approval of development agreement. Applicant: Glen Posusta. Moved to consent agenda. 15. Review of 2008 Council and City Commission Compensation. The Council was supplied with information from other communities as far as salaries for the Mayor and Council. Jeff O'Neill noted the average wage for Mayor was $707 and the average for Council was $517. The median wage is $688 for Mayor and $503 for Council. The last increase the City approved was in 1994. Jeff O'Neill also went through some of the meeting numbers for the various boards and commissions 10 Council Minutes: 5/12/08 the Council attends. Because of the many project going on such as fiber optics, comprehensive plan, the number of meetings has increased. Wayne Mayer said it hard to come up with any type of figure for a wage increase. Wayne Mayer said everyone on the Council attends a number of commission meetings, committee meetings as well as the Council meetings. Wayne Mayer would like the Council to consider a per diem and suggested $60/month which would cover expenses such as cell phone. He stated that with the $60/month per diem and $100/month increase their hourly wage would be $6/hour. Brian Stumpf felt the increase was needed to attract quality people to run for office. Susie Wojchouski had commented previously that the Planning Commission should be increased and she was surprised to see from the survey how few communities paid the Planning Commission members. Tom Perrault stated in 1994 the Council increased their wages from $195/months to $350 for Council and $450 for Mayor. Tom Perrault felt if there was an increase it should go to the Planning Commission and EDA liaisons. Clint Herbst felt it would be difficult to single out certain liaison positions. He stated in the past he had always voted against an increase but things have changed considerably and gotten a lot more difficult since 1994. Joel Jamnik stated any increase in Council wages would have to be done by ordinance and would not take effect unti12009. The ordinance increasing the wages would have to come back to the Council for approval. SUSIE WOJCHOUSKI MOVED TO PREPARE AN ORDINANCE INCREASING THE MAYOR SALARY TO $700/MONTH AND TO INCREASE THE SALARY FOR THE COUNCIL TO $550/MONTH. Wayne Mayer suggested going with the $550/month and the $60/month per diem. Joel Jamnik said the City does not have authority to establish a per diem for meals or telephone usage which is why the cities generally set the salary amounts per month or per meeting. SUSIE WOJCHOUSKI WITHDREW HER MOTION. WAYNE MAYER MOVED TO DIRECT STAFF TO PREPARE AN ORDINANCE SETTING THE SALARY FOR THE MAYOR AT $700/MONTH AND SETTING THE SALARY FOR THE COUNCIL AT $600/MONTH. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION STATING THAT HE WAS NOT COMFORTABLE APPROVING SUCH A BIG INCREASE. 4-1. Added Items• National Day of Prayer: Tom Perrault thanked all of those who had attended the event. City Watering Ban: Tom Perrault questioned if the ordinance applied to only residential properties or all properties. John Simola responded that it applied to all properties. Public Office for FiberNet Monticello: Wayne Mayer said the Fiber Optic Committee had already determined the square footage needed for the building. Three prospective landlords were targeted for 11 Council Minutes: 5/12/08 negotiating space needs. If needed a walk through of the space would be done. Negotiations would be done by the Fiber Optics Committee and it would come before the Council for final approval. He questioned why the Council was trying to interfere in the process. Clint Herbst responded that he and the City Administrator did sit down with one prospective property owner. Clint Herbst said he was not aware the Fiber Optics Committee was that far into the process where they had locked in on a specific area. Brian Stumpf suggested that information obtained in the discussion that Clint Herbst and Jeff O'Neill had with the property owner be forwarded to the Fiber Optics Committee. It was pointed out that the City's justification for looking at purchasing of space was that it could be used for other city uses. Wayne Mayer said there are two different entities involved FiberNet Monticello and the City. Clint Herbst didn't feel the discussion with property owner would hurt anything and would only provide more information for FiberNet. Liquor Store: Wayne Mayer wanted an update on the meeting that was held regarding the liquor store changes. Tom Kelly said the liquor store did not implement the changes where the manager and assistant manger had different working schedules. Tom Kelly provided them with a letter outlining what the Council wanted. Wayne Mayer asked if the liquor store staff gave any information as to why they did not implement the changes. Tom Kelly said the Manager and Assistant Manager expressed their concern for the three full time clerks. They would like to see the Council not cut the wages of these three individuals and would like to make a case to the Personnel Committee to retain the Night/Weekend Supervisor position. Wayne Mayer asked why the liquor store staff are going back to the Personnel Committee since the Council is the final appeal. Jeff O'Neill said the liquor staff has been told there is no appeal process. Jeff O'Neill and Tom Kelly will be monitoring them to ensure they are following the changes directed by Council. Wayne Mayer directed that Jeff O'Neill and Tom Kelly report back at the next meeting and that a lack of progress in implementing the changes would be a reflection on them as well as the liquor store. Bridge on I-94: Clint Herbst asked if the City could request that some kind offence or noise barrier be erected. Bruce Westby stated they will be setting up a meeting with MnDOT to discuss an update on this project and he will ask about a noise wall at that time. He noted that they are expensive. Bruce Westby will provide an update to the Council for their next meeting. Compost Facility: Clint Herbst stated he had gone out to the compost facility and there was an individual sitting in a car watching things. He questioned if that was a seasonal employee and if it was if there wasn't some way they could be identified as city employees. John Simola said he wasn't aware of the individual. Generally they have some one who locks up at night and picks up any loose bags. He will check into it. John Simola stated the compost site is open in May and closes in October. There was discussion of using the biosolids farm as compost site but John Simola stated it would require taking some of the area for buffer and the City needs all the space out there for the biosolids. He thought maybe something could be done on the 20 acres the City recently purchased. 16. Consideration of approving payment of bills for May, 2008. TOM PERRAULT MOVED TO APPROVE PAYMENT OF BILLS. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 12 Council Minutes: 5/12/08 17. Adiourn BRIAN STUMPF MOVED TO AJDOURN AT 11:00 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 13