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City Council Minutes 06-23-2008Council Minutes: 6/23/08 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday June 23, 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 June 9, 2008 Regular Meeting. SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE JUNE 9, 2008 REGULAR MEETING. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 2B. Approve minutes of June 9, 2008 Special Meeting. SUSIE WOJCHOUSKI MOVED TO APPROVE THE MINUTES OF THE JUNE 9, 2008 SPECIAL MEETING RELATING TO THE TRANSPORTATION PLAN. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 3. Consideration of adding items to the agenda. The following items were added to the agenda: 1) Council participation in the interview process for the Human Resources Manager and Economic Development Director; and 2) Public service message regarding RiverFest. BRIAN STUMPF MOVED TO ADD AGENDA ITEMS #13, #14 AND #15 RELATING TO FIBER OPTICS TO THE CONSENT AGENDA AND TABLE ITEM #SF, THE UTILITY LOCATOR POSITION AND TABLE ITEM #11 WHICH WILL BE FORWARDED TO THE POLICE COMMISSION FOR REVIEW PRIOR TO COUNCIL ACTION. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 4. Citizen comments. petitions, requests and concerns. No one spoke under citizens comments. 5. Consent A eg nda: A. Consideration of ratifying hires and departures MCC, Streets, Parks, Water and Economic Development. Recommendation: Ratify the hires and departures for MCC, Parks, Streets, Sewer and Water and Economic Development. B. Consideration of approving a one-day charitable gambling license for a raffle for Wright 1 Council Minutes: 6/23/08 County/West Metro White Tail Association. Recommendation: Approve aone-day charitable gambling license for a raffle for the Wright County/West Metro White Tail Association for September 7, 2008 at River City Extreme, 3875 School Boulevard. C. Consideration to approve a request for conditional use permit for amendment to planned unit development for a Comprehensive Sign Plan. Applicant: Monticello-Big Lake Community Hospital District. Recommendation: Approve the planned unit development amendment for the Monticello-Big Lake Community Hospital District based on a finding that the proposed signs are consistent with the intent of the City's Zoning Ordinance and the existing PUD subject to the following conditions: 1. Based upon the recommendation by the City Engineer, City Officials determine the acceptability of the proposed placement of permanent signs within required drainage and utility easements. A license should be prepazed specifying the conditions for occupancy of the easements by the hospitaUclinic signage. 2. The setbacks of all directionaUinformational and freestanding tenant signs be specified. 3. The heights of the proposed light standazds (to which pazking lot identification signs are to be affixed) be specified. 4. Any signs which aze to be illuminated from the exterior be arranged in a manner such that the source of illumination is shielded from view of neighboring properties and rights-of--way. 5. The existing PUD agreement (for the hospital) be amended to incorporate the approved sign plan. This issue should be subject to further comment by the City Attorney. 6. In the event the applicants seek sign one or more sign permits that aze significantly lazger than the sign listed as "SHOWN" on the approved plans, approval of said permit shall require additional Planning Commission review and City Council approval. D. REMOVED FROM AGENDA. E. REMOVED FROM AGENDA. F. Consideration of authorizing to proceed with hiring process for Seasonal Locator/Field Technician position. Recommendation: Authorize proceeding with hiring process for Seasonal Locator/Field Technician position. G. Consideration of award of bid for Fiber Optics Head-End Building Sit Grading and Utilities, City Project No. 2006-32C. Recommendation: Award the bid to Schluender Construction, Inc. in the amount of $133,874.00. H. Consideration of award of bids for fiber optics Head-End Building, City Project No. 2006-32C. Recommendation: Award both the base and alternate bid to KC Companies, Inc. in the amount of $555,000 and $14,500 respectively. I. Consideration of approving plans and specifications and authorizing advertisement for bids for Fiber Loop, City Project No. 2006-32C. Recommendation: Approve the plans and specifications for Fiber Loop and authorize advertisement for bids with project costs estimated at $1,470,000 with bidding documentation being submitted to firms that bid on the original project. WAYNE MAYER MOVED TO APPROVE THE CONSENT AGENDA OF ITEMS #SA AND #SB AND THE ADDITION OF ITEMS #13, #14 AND #15 AS ITEMS #SG, #SH AND #SI. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 2 Council Minutes: 6/23/08 6. Consideration of items removed from the consent agenda for discussion. #SC PUD Amendment -Monticello/Big Lake Community Hospital: Wayne Mayer asked if approval of this request would impair any future installation of utilities along this section of right-of--way. Bruce Westby, City Engineer, stated the signage proposed would not impair the City's ability to use the right-of--way. WAYNE MAYER MOVED TO APPROVE THE PLANNED UNIT DEVELOPMENT AMENDMENT FOR THE MONTICELLO BIG LAKE HOSPITAL BASED ON A FINDING THAT THE PROPOSED SIGNS ARE CONSISTENT WITH THE INTENT OF THE CITY'S ZONING ORDINANCE AND THE EXISTING PUD AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. Based upon the recommendation by the City Engineer, City Officials determine the acceptability of the proposed placement of permanent signs within required drainage and utility easements. A license should be prepazed specifying the conditions for occupancy of the easements by the hospitaUclinic signage. 2. The setbacks of all directionaUinformational and freestanding tenant signs be specified. 3. The heights of the proposed light standazds (to which pazking lot identification signs aze to be affixed) be specified. 4. Any signs which aze to be illuminated from the exterior be arranged in a manner such that the source of illumination is shielded from view of neighboring properties and rights-of--way. 5. The existing PUD agreement (for the hospital) be amended to incorporate the approved sign plan. This issue should be subject to further comment by the City Attorney. 6. In the event the applicants seek sign one or more sign permits that aze significantly lazger than the sign listed as "SHOWN" on the approved plans, approval of said permit shall require additional Planning Commission review and City Council approval. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 Clint Herbst expressed his appreciation of the work that was done with this project. Mr. Olson from the Monticello Big Lake Hospital indicated the project is on schedule and the clinic is scheduled to be moving in sometime in August. 7. Public Hearing to approve the issuance of revenue bonds on behalf of Presbyterian Homes. Presbyterian Homes is refinancing their debt using the City of Bloomington's bonding capability. Because the Mississippi Shores project is located in the City, the City of Monticello needs to adopt the resolution approving the issuance of the bonds. Mayor Herbst opened the public hearing. No one spoke for or against the proposed bond issue. Mayor Herbst then closed the public hearing. Brian Stumpf noted that in 1995 bonds were issued for the Mississippi Shores project and they refinanced it in 2002 and now the refinancing comes before the Council again. Tom Kelly stated Presbyterian Homes in order to save money is going through the City of Bloomington to refinance five projects that they have. Each city where a project is located has to provide host approval in order for the City of Bloomington to issue the bonds. BRIAN STUMPF MOVED TO APPROVE THE ISSUANCE OF REVENUE BONDS ON 3 Council Minutes: 6/23/08 BEHALF OF PRESBYTERIAN HOMES. SUSIE WOJCHOUSKI SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 8. Public Hearing -Consideration of a request for appeal of denial for variance from Chapter 3, Section 5 of the Monticello Zoning Ordinance regulating off-street parking requirements. City Planner, Steve Grittman indicated that the Planning Commission had denied the variance request of Pizza Man restaurant and the applicant filed an appeal. Under the parking requirements in the CCD District the site would be 8 spaces short based on its restaurant use. This would be allowed provided that the applicant made payment to the parking fund. The applicant was requesting waiver of payment of the parking fund fee. Brian Stumpf stated that when the China Buffet restaurant was a tenant in the strip mall they did do some angle parking. However it was Steve Grittman's recollection that applicant was not in compliance even though they did provide the angled parking. Clint Herbst said in this case, unlike the Mielke development, the lack of parking would affect other facilities such as the library. Clint Herbst asked if any new spaces were identified for parking. Steve Grittman said he was not aware that any spaces were identified. Steve Grittman said the library parking lot provided the overflow parking for the needed spaces. Street Superintendent Tom Moores stated the library space is pretty much developed to its fullest extent. Clint Herbst asked if there were any other options in the area for head-in parking and or if there was a chance to put parking spaces onto the adjacent property. Barry Fluth was present and indicated that he is willing to look at the property and work with the City to come up with a solution. Clint Herbst said while it is not known that there will be a need for the parking stalls there should at least be a plan for spaces should the need arise. Wayne Mayer asked how the City would respond to a parking complaint in this area. Steve Grittman said the approval of the variance would go along with some kind of agreement that would pay into the parking fund and the City would search for parking spaces. Wayne Mayer said businesses are concerned that the City requires too much parking. Wayne Mayer noted the City had bent the parking requirements on another development owned by Barry Fluth. Wayne Mayer felt maybe the tenant should look for larger accommodations with adequate parking rather than try to fit its proposed use onto this site. Barry Fluth felt there was plenty of parking in the area and cited examples of Rancho Grande on Cinco De Mayo and Crostini's on Mother's Day. Both places were extremely busy but had not received any complaints about parking. Crostini has off site parking across the street which is where the employees are required to park. They would do the same with the Pizza Man site. Barry Fluth said they are looking at all kinds of solutions. He noted within the area there are 101 parking spaces. Wayne Mayer asked Susie Wojchouski, Council liaison to the Planning Commission why the Planning Commission denied the variance request. Susie Wojchouski responded that it was a 3-2 vote. The Planning Commission felt they needed to follow the requirements of the parking plan. There was some discussion that the employees could park at the Cub parking lot. Lloyd Hilgart, Planning Commission member spoke. He voted for Barry Fluth to not have to pay into the parking fund and to allow the variance. Lloyd Hilgart felt if the City is okay with the fact that the site doesn't have 8 spaces need and can utilize library parking if there is a need, the applicant should not have to pay into the parking fund especially when no parking spaces are added. Clint Herbst concurred if the site can be made to work without adding spaces, then the applicant should not have to pay. Otherwise if spaces are needed the City should designate where those spaces are. 4 Council Minutes: 6/23/08 Susie Wojchouski felt the City was okay with the number of parking spaces there. Wayne Mayer asked for clarification from Mr. Hilgart on his vote. Was it because he felt more stalls were needed or because he did not agree with having Barry Fluth pay into the parking fund. Lloyd Hilgart responded that if there are not enough stalls the applicant should not be allowed that use at all but if the City is saying the stalls are needed then they should be put in. The applicant should not pay for stalls that are not put in. Tom Perrault said if the site needed more parking and could use the library stalls did that mean the parking for the library was overbuilt as far as parking. Tom Perrault asked what happens if the use becomes more intense. Jeff O'Neill said the idea of some kind of agreement for parking is an option but if parking spaces are needed and the applicant is not required to pay into the parking fund, the City is undermining its parking plan. Wayne Mayer asked if it was feasible in situations like this to table the item and ask staff to come up with a solution to be brought back to Council. Wayne Mayer felt he needed more information on this before he could make a decision TOM PERRAULT MOVED TO TABLE ACTION ON THIS UNTIL THE NEXT MEETING AND DIRECT STAFF TO WORK WITH APPLICANT TO IDENTIFY ADDITIONAL PARKING. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH BRIAN STUMPF VOTING IN OPPOSITION. 4-1 9. Consideration of accepting audit report for the year ending December 31, 2007. Clint Herbst noted that a workshop was held prior to the Council meeting where the Council and auditor reviewed the preliminary audit report. Jim Eichten of MMKR gave a short presentation on the audit report and briefly reviewed the information contained in the Annual Financial Report, the Management Report and the Special Purpose Audit Report. He noted it was his responsibility as an auditor to give an opinion on the City's financial report and its compliance with state laws and regulations. He indicated there were several findings in the report a number of which related to internal controls. He noted that since the last audit there was a change in administration and a change in auditor. Staff and Council have been receptive to the recommendations made by the auditor. He noted there is a new set of audit standards. The new standard has to do with formal documentation of accounting procedures and formal documentation of technology. There were two other findings relating to compliance with Minnesota Law one relating to collateral assigned and the other to contract language. Both findings are easily corrected. The finance area of the audit was also covered. General fund increased about $141,000. The City fund balance is 76.5% of the overall expenditures. Much of this set aside for working capital and other capital projects that the City has ongoing. He also reviewed the enterprise funds and liquor fund. He noted the consistent increases in revenue in the liquor fund while the expenditures had remained relatively stable. Jim Eichten said they look to eliminate most of the findings before next years audit. BRIAN STUMPF MOVED TO ACCEPT THE 2007 AUDIT REPORT. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 10. Review of SAC calculations for Buffalo Wild Wings Restaurant -Mike Krutzig. Jeff O'Neill provide background information on the SAC charges. He noted that the fee schedule and 5 Council Minutes: 6/23/08 the current ordinance are inconsistent with how they determine the SAC fee. Chapter 2, Title 7 of the code will be updated to reflect how the City determines the fee. Jeff O'Neill talked about peak time flows. He noted that the SAC standards were set by the Met Council some years ago and have not been updated recently. Most of the recently built Buffalo Wild Wings restaurants were based on SAC units of 1 per 8 seats primarily because the facility has an automatic dishwasher. It was discussed that since the Met Council has not updated their engineering data this does not reflect changes in technology Clint Herbst questioned why anyone had not challenged the Met Council on this designation. He noted the wide range for restaurants going from 1 unit to 8 seats to 1 unit for 22 seats with nothing in between. Clint Herbst felt a good point was made about the changes in technology not being reflected in the Met Council standards. There were four options for the Council to consider: 1) going with a full service restaurant designation; 2) going with a fast food restaurant designation; 3) going with the "grill" designation which would have a SA fee based on 1 unit per 15 seats and 4) monitor the wastewater flows for a given period and determine the designation based on the flows. Bruce Westby stated that installation of the monitor was not that difficult and the price indicated in the agenda report was $10,000. Susie Wojchouski indicated that in searching the Internet she found monitoring devices that were considerably less ($800). Clint Herbst stated the City should feel comfortable in making another tier. He didn't know if he wanted to go with monitoring of flows as an option as it could result in the installation of a number of flows and require the City to have someone going around taking readings. Three tiers for restaurants seem to be reasonable as far as Brian Stumpf was concerned Mike Krutzig felt the discrepancy between the two amounts was too great. Clint Herbst didn't have a problem with making another tier but he didn't want multiple tiers or monitoring options. Mike Krutzig felt he would be willing to have the monitoring done because he believes it would give the City a reference point. Brian Stumpf said the City is showing a good faith effort by considering a third tier. Tom Perrault said he would be willing to go with 1 unit per 15 seats. Clint Herbst said the City might have to look at the amount they charge for SAC fees. Clint Herbst said the more Mike Krutzig argues his point the less likely he is inclined to go with it. Clint Herbst felt the City is being flexible and that it is not the City's responsibility to bail the business out when it makes a bad decision. Wayne Mayer asked about the SAC calculation shown in the agenda item and that there seemed to be some discrepancy. Staff will need to verify the calculations. Lloyd Hilgart suggested that if another category is established that the water be measured to see if he falls into the fast food restaurant. If that is the case the gallons set for fast food would have to adjusted. It is important that there is significant difference in usage between the different tiers. Clint Herbst noted that Maple Lake, Howard Lake and Annandale are doing a joint treatment facility which is a way of keeping cost down resulting in lower SAC fees. He felt regionalization was something the city would need to look at. SUSIE WOJCHOUSKI MOVED TO FIND THE RESTAURANT TO BE CONSISTENT WITH A "GRILL" FACILITY RESULTING IN A SAC FEE BASED ON 1 UNIT PER 15 SEATS OR 17 6 Council Minutes: 6/23/08 SAC UNITS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY, 5-0 11. Consideration of adopting an ordinance relating to emergency alarm systems. TABLED 12. Consideration of approving plans to close River Street at TH 25, City Proiect No. 2008-14C. Bruce Westby reviewed the plans for closing River Street at TH 25. Brian Stumpf asked where the $11,600 cost figure came from for this work. He thought this was a high cost to temporarily close a street. Bruce Westby responded that this work is not something the City is equipped to do but would have to contract for. The mobilization cost is quite high. Clint Herbst said he thought they were just going to barricade the street and if it didn't work the barricades would be removed. Bruce Westby said the City doesn't have the type of barricades needed. Brian Stumpf said he was dumbfounded by what was required to close the street. Bruce Westby said this plan is based on Minnesota Uniform Traffic Standards. It minimizes liability for the City and it is an approved traffic control plan. Without an approved plan the City could open itself up for liability. This is a plan approved by the State and County. Bruce Westby said he didn't know how much the project cost could be reduced but noted approximately 1/3 of the cost is mobilization. Clint Herbst said he too was surprised at the cost and he disagreed with not closing off the street until after RiverFest. Bruce Westby said if the project is to be done before RiverFest they would not have time to go out and get prices and do the cost analysis for doing it in-house or by contract. Clint Herbst asked about pricing out renting the equipment and materials compared to owning it. Clint Herbst said the idea was to see if closing River Street helps in determining how to fix TH 25 and it was only going to be temporary closing. Susie Wojchouski asked if the number of signs needed could be prepared in time. Clint Herbst felt in a couple weeks the City would have a good sense of what is happening as a result of the street closure. Clint Herbst felt before paying $11,600 the City should look at purchasing some of the equipment. Tom Moores said the portable type 3 barricades were about $600 each. Susie Wojchouski asked about the impact on RiverFest. She felt it would be better done after RiverFest. Wayne Mayer felt there would be less traffic on River Street if was done before RiverFest since the closure would eliminate any commuter traffic through the area. Tom Perrault felt the stoplight to get across TH 25 at River Street would be better than putting traffic on Broadway. Tom Perrault is not in favor of this project. He felt if you close off River Street the problem will just go to another street. Brian Stumpf said even if the City goes with the plan where is the $11,600 coming from. Tom Kelly said they could possibly use funds from the street reconstruction fund or capital reserve funds. Clint Herbst said he would like to see what the cost would be if the City did some of the work. Clint Herbst felt the City should look at something more portable for closing River Street since it is to be a temporary closing. Clint Herbst felt $11,600 is shocking. Bruce Westby said MnDOT has to work on the signals and for that reason they have to approve the signage plan. Wayne Mayer asked if part of the $11,600 in any way goes to MnDOT to take care of the signals. Bruce Westby said it did not. Wayne Mayer asked if the Street Department could to the work for the same or less cost if they owned the equipment. 7 Council Minutes: 6/23/08 Tom Moores said they have the capability to set it up if the equipment and materials were purchased. Tom Moores noted that Geyer Rental would be responsible for maintaining the signs. The $11,600 would cover maintenance for 60 days. Clint Herbst suggested renting the barricades and picking them up. Brian Stumpf said in the meantime the City could price the equipment needed and look at purchasing it. Clint Herbst suggested purchasing 20 barricades and the appropriate number of drums. Susie Wojchouski suggested putting a limit on the dollar amount to be spent. Clint Herbst said he didn't want to hear staff come up with why they can't do it but rather how it could be done. SUSIE WOJCHOUSKI MOVED TO PURCHASE WHATEVER IS NEEDED TO CLOSE OFF RIVER STREET AT TH 25 UP TO $15,000. Wayne Mayer asked if MNDOT would not to approve the plan because they don't have J barriers. Bruce Westby thought MnDOT would approve it without the J barriers. Brian Stumpf suggested a date for the closure be included in the motion. There was some discussion on whether it should be done before or after RiverFest SUSIE WOJCHOUSKI AMENDED HER MOTION TO INCLUDE THAT CLOSURE OF THE STREET SHOULD BE ACCOMPLISHED AS SOON AS POSSIBLE. WAYNE MAYER SECONDED THE MOTION. MOTION CARRIED WITH TOM PERRAULT VOTING IN OPPOSITION. 4-1 13. Consideration of award of bid for Fiber Optics Head-End Building Site Grading and Utilities, City Project No. 2006-32C. Approved with consent agenda. 14. Consideration of award of bid for Fiber Optics Head-End Building, City Project No. 2006-32C. Approved with consent agenda. 15. Consideration of approving Glans and specifications and advertising for bids for Fiber Loop, City Project No. 2006-32C. Approved with consent agenda. Added Items Interview Process for Human Resources Manager and Economic Development Director: Jeff O'Neill indicated 13 applicants between the Human Resources and Economic Development position will be interviewed. The interviews are scheduled for Wednesday and Thursday of this week. He asked if anyone on the Council wanted to be involved in the screening process and interviews. Mike Benedetto from the IDC would like to sit in on the screening process for the Economic Development Director and perhaps someone from EDA should sit in as well. After screening of the candidates the Council will determine how they want to handle the interview process after that. RiverFest: Susie Wojchouski gave a reminder of the RiverFest events coming up on July 10-July 13, 2008. A variety of activities are scheduled for the celebration and further information on the activities can be obtained from monticelloriverfest.com. There is still a need for volunteers to man the Duck Adoption booth located at the Cub store. 8 Council Minutes: 6/23/08 16. Consideration of approving payment of bills for June, 2008. Wayne Mayer had a question of the purchase of $350 of wood chips from a vendor outside of the community. Tom Kelly stated the price from the vendor was less than that of the local vendors. Clint Herbst said the City needs to support its local businesses and asked if they had requested local vendors to match the price. Tom Kelly indicated that he didn't know if they had asked to match the price but the difference in price between the vendors was that one was selling it wholesale rather than retail. BRIAN STUMPF MOVED TO APPROVE PAYMENT OF BILLS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 17. Adiourn WAYNE MAYER MOVED TO AJDOURN AT 8:55 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5-0 ,~ ~~ ~, Recording 9