City Council Minutes 09-25-1995M11VU'rES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, September 25, 1995 - 7 p.m.
Members Present: Brad Fyle, Shirley Anderson, Clint Herbst, Brian Stumpf, Tom
Perrault
Members Absent: None
2.
meeting held September 11+ 1995.
A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY
ANDERSON TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD
SEPTEMBER 6 AND THE REGULAR MEETING HELD SEPTEMBER 11, 1995, AS
WRITTEN. Motion carried unanimously.
3. ~onsiders~tion of adding items to the agenda.
A.
arena. constru~,ed by the .School District.
Council was asked to consider granting preliminary approval of
accepting responsibility for maintaining a community arena that
would be funded via a school referendum and constructed by the
School District. Assistant Administrator O'Neill reported that the
community arena study group, made up of representatives from the
City Council, HR,A, Planning Commission, School Board, and Hockey
Association, recently met to explore the possibility of a joint
City/School community arena venture. The group discussed the
passibility of using the School District's broader taxing powers to fund
the community arena, with the City accepting responsibility for
operations and maintenance. If the City preliminarily approved this
concept, the School District would complete the necessary plan work
associated with a future band issue.
O'Neill went on to note that the study group supported the proposal
because using School District authority for funding the project
matched the responsibility for debt repayment with the general
population using the facility. City acceptance of maintenance and
operations was supported because there is confidence among members
of the study group that operations revenue and expenses will balance.
He also reported that the Hockey Association indicated they would
provide volunteers, which would assist in keeping operation cost down.
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Council Minutes - 9/2/95
Councilmember Herbst expressed concern that it would be premature
to grant approval prior to completion of an operations budget. He also
was disappointed that no representatives of the Hockey Association
were present with information on projected revenues and expenses. It
was his view that without operations budget information, it would be
difficult to commit the City to such a project because nearby
communities are also constructing ice arenas, and the School District
would most likely want a reduced rate far ice time since they would be
providing the land far the arena. Given these factors, Herbst was
concerned that revenues would not equal the expenses incurred.
Councilmember Anderson noted her opposition to residents being
asked to pay for a hockey arena when the City has a $10 million
project an line far a much needed wastewater treatment plant
expansion, and the School District is in the process of planning for the
construction of new schools.
Assistant Administrator O'Neill stated that some members of the
study group recently viewed various community arenas but were
unable to assemble the information in time for the Council meeting.
School District Superintendent Sheldon Johnson stated that Council's
preliminary decision at this time would not commit the City to the
arena operations; however, revenue and expenditure information could
be presented to Council at a future meeting prior to a decision being
made. He noted that it would be best, however, to let the School
District know at this time if the City is not interested in participating
in the arena project in any capacity.
AFTER DISCUSSION, A MOTION WAS MADE BY BRAD FYLE AND
SECONDED BY BRIAN STUMPF TO DIRECT CITY STAFF TO REPORT
BACK TO COUNCIL AFTER PREPARATION OF AN OPERATIONS/
EXPENSE BUDGET FOR A JOINT COMMUNITY ARENA AS PROPOSED
BY THE SCHOOL DISTRICT, INCLUDING FULL-TIME AND PART-TIME
EMPLOYEES, AND TO PROVIDE THE COUNCIL WITH INFORMATION
ON ARENAS VISITED BY STAFF. MOTION INCLUDES DIRECTING
STAFF TO PREPARE THE PROPOSED BUDGET BASED ON NO
VOLUNTEERS. Voting in favor: Brad Fyle, Brian Stumpf, Clint
Herbst, Tom Perrault. Opposed: Shirley Anderson, as it was her view
that the residents should not be asked to pay for an arena in addition
to the treatment plant expansion and new school buildings needed in
the community. Motion carried.
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4. C~i~' 7,Fn~ aQ~~ts/3~etitiona, requests, and com In ainta.
A. Peggy Hanawalt of Kids Are People Too Daycare requested that the
City mow the weeds on the neighboring property, as the weeds are
only 2 ft from the fence where the children play. She noted that the
high weeds are causing health problems for children with allergies and
asthma.
City staff responded that the ordinance requires that weeds be mowed
up to within 100 ft of buildings, which has been done at the property
next to the daycare facility.
Mayor Fyle stated that staff could review the ordinance for
conformance, but an ordinance amendment would need to be adopted
in order to change the language and accommodate Hanawalt's request.
B. Larry Lukowaki of 1005 Golf Course Road stated that he has noticed
the water filter in his home has been quite rusty and asked if there
will be any further investigation or treatment of the city's drinking
water.
Public Works Director John Simola explained that the current
trreatment of the city's drinking water meets all state and health
guidelines and that the results of all testing may be reviewed at the
Office of Public Works.
5. Consent agenda:
A.
the GMEF Guidelines.
Recommendation: Support the decision by the EDA for approval of
GMEF Loan No. 010 far Vector Tool & Manufacturing, Inc., based on
the finding that it was issued without violation of the GMEF
Guidelines.
A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY CLINT
HERBST TO ADOPT THE CONSENT AGENDA AS RECOMMENDED. Motion
carried unanimously.
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' 6. (•on 'n ration of public he~~¢ nn Waatewat-r 1Y~eatm_ent Plant Fac3litiea
P18I1.
Public Works Director John Simola noted that this is a continuation of the
September 11 public hearing on the Wastewater Treatment Plant Facilities
Plan. He reported that the draft amendments to the plan prepared by HDR
recommended that the City consider the sequencing batch reactor (SBR)
technology for the following reasons:
1. The SBR involves a lower capital cost.
2. The SBR technology results in a smaller footprint than the
oxidation ditch.
3. The SBR system would be simpler to add onto in the fitture than
the oxidation ditch and would not require additional land until
approximately 2035.
4. The SBR technology would allow for nutrient removal in the
future, whereas the oxidation ditch would require the addition
of a small selector tank.
Simola noted that staff did not have a recommendation at the last meeting,
and Council continued the public hearing to allow staff and PSG to continue
researching the SBR technology. Additional SBR plants in Oklahoma,
Connecticut, Pennsylvania, and Nebraska were studied, but all had loadings
less than the Monticello plant, and none had experienced similar shock loads.
Almost all plant operators who spoke with staff felt that they would need
additional sizing or tanks to handle a large load such as the Monticello plant
receives. After further study of the SBR system, staff, PSG, and HDR felt
that if the SBR technology is selected, a 3-tank system would be required, as
the 2-tank system would not have the level of safety as ox i.ginally anticipated.
Advantages of the oxidation ditch system were also reviewed by Simola as
follows:
1. The oxidation ditch would be easier to operate with less sophisticated
controls, which should result in less manpower dedicated to this
portion of the plant and technical assistance would be less over the life
of the plant until such time as nutrient removal is needed.
2. The oxidation ditch requires less operator attention during shock loads
and has a better chance of continually meeting the City's permit
limitations for the next 20 years.
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Council Minutes - 9/25/95
3. There is less chance of operator error creating odors in the ditch
system when nutrient removals are required in the future.
Staff and PSG recommended the oxidation ditch system, and Simola noted
that they could redesign the layout of the existing site to include a future
third oxidation ditch. He noted that other engineers interviewed during the
earlier selection process also recommended the ditch technology. It was the
recommendation of staff that the City continue to negotiate for purchase of
the Floyd Kruse property adjacent to the treatment plant, as the plant could
be laid out better with additional land.
Bob Peplin reviewed the estimated project cost and additional revisions to
the Facilities Plan since the September 11 Council meeting. The cost of a S-
tank SBR system was estimated at $9,770,000, and the oxidation ditch
system at $10,293,000.
City Administrator Wolfsteller reviewed examples for funding a $10 million
project using a 15-year bond issue and various valued homes and businesses.
He noted that Council may want to consider increasing the sewer hookup fee
from $1,200 to $1,500 to help cover a portion of the debt payments rather
than entirely using ad valorem taxes. User rates are estimated to increase
20% when the new plant is operational, which would provide additional
funds for operations and maintenance. It was noted that Council could also
consider increasing the user fees an additional 5% to also help defray the
debt service.
Mayor Fyle then opened the meeting for public comment. Staff was asked if
by creating three oxidation ditches on the current site, would the City not
need to purchase the adjacent land. Simola stated not for 30 years at the
current growth projections; however, staff continues to recommend that the
City make efforts to purchase the adjacent land for the future.
There being no further public comment, Mayor Fyle closed the public
hearing.
Council discussion focused on the differences between the SBR and oxidation
ditch systems, the higher initial cost of the oxidation ditch, the
recommendation made by City staff and PSG, and the possible purchase of
land adjacent to the plant.
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AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND
SECONDED BY TOM PERRAULT TO SELECT THE OXIDATION DITCH
TECHNOLOGY BASED ON THE FINDING THAT AN OXIDATION DITCH WOULD
BE THE MOST RELL~BLE METHOD OF TREATMENT FOR THE CITY TO
ASSURE MEETING OUR PERMIT LIMITATIONS. Voting in favor: Shirley
Anderson, Tam Perrault. Opposed: Brian Stumpf, Brad Fyle, Clint Herbst,
as it was their view that the City should select the SBR system. Motion
failed.
A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRL4N
STUMPF TO SELECT THE 3-TANK SBR TECHNOLOGY BASED UPON THE
FINDING THAT IT REPRESENTS THE LOWEST CAPITAL COST AND,
ALTHOUGH THE POTENTIAL TO BE AFFECTED BY HUMAN ERROR IS
GREATER, THE DESIGN CAPACITY ALLOWS IT TO BE A MANAGEABLE RISK
Voting in favor: Clint Herbst, Brian Stumpf, and Brad Fyle. Opposed:
Shirley Anderson and Tom Perrault, as it was their view that the City should
select the oxidation ditch system. Motion carried.
SEE RESOLUTION 95-53.
A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN
STUMPF TO INCREASE THE SEWER HOOKUP FEE FROM $1,200 TO $1,500 PER
UNIT EFFECTIVE WITH ALL HOOKUPS OCCURRING AFTER JANUARY 1, 1996.
THE $300 INCREASE PLUS $300 OF THE CURRENT FEE, FOR A TOTAL OF
$600, WILL BE DEDICATED TO PAYING A PORTION OF THE DEBT SERVICE.
Motion carried unanimously.
Tt was the consensus of Council that the plant expansion should be financed
with a 15-year bond issue and that it would not be necessary to generate
additional funds by increasing sewer user rates above the 20%o increase
planned to cover the additional operations and maintenance with the new
plant.
The City Administrator also reviewed the recent appraisal performed on the
Floyd Kruse property adjacent to the treatment plant, which indicated a
value of $303,000. Mayor Fyle noted that staff could negotiate with the
owner and return to Council, or the owner could negotiate with Council at
this time.
Floyd Kruse, owner of the property in question, stated that negotiations
would take a considerable amount of time, as he felt the value of his land is
double what the current appraisal shows. He noted that he would require an
additions]. appraisal prior to considering sale of the land.
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Council Minutes - 9/25/95
Councilmember Anderson noted that if a second appraisal is performed
which indicated a value of $600,000, perhaps the estimated market value
should be adjusted accordingly.
After discussion, it was the consensus of Council not to pursue purchase of
the property at a price of $300,000.
Z Conaideratinn of reviewi~ h WAn aWA ~ S ~'aA III n . PI nt Fa 'liti .e Plan
'~.
Bob Peplin of HDR Engineering reported that an environmental assessment
worksheet (EAW) has been completed for expansion of the wastewater
treatment plant, which considered both the SBR and oxidation ditch systems.
Upon approval by the City Council, the EAW must be submitted to the
Pollution Control Agency for their review and for review by the general
public. Peplin noted that there is a small seasonal wetland area which may
be impacted by the plant expansion; therefore, the City will need to obtain a
permit from the Corps of Engineers for construction on this site.
AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND
SECONDED BY CLINT HERBST TO APPROVE THE EAW AS DRAFTED AND
FORWARD IT TO THE PCA FOR REVIEW. Motion carried unanimously.
SEE RESOLUTION 95-54.
8.
Prairie West Subdivision.. ~lis~ant,, John K.~ AND
9.
Subdivision. Avulicant'sLohn Komarek. AND
10.
Komarek.
City Planner Steve Grittman reported that the developer of the proposed
Prairie West Townhomes has requested variances to the front, side, and rear
setbacks for a planned unit development (PUD). The proposed project would
consist of 12 dwelling units developed in 6 twinhame structures around the
existing Broadway Circle cul-de-sac. The Planning Commission
recommended approval of the setback variance to the south of the property
abutting the railroad property and denial of all other variances; however,
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Council Minutes - 9/25/95
Planning Commssion also recommended vacation of Broadway Circle, which
would eliminate the need for the other variances. Under this scenerio, the
twinhome association would be responsible for maintaixung Broadway Circle
as a private street.
Grittman went on to report that the developer also requested approval of a
conditional use permit allowing development of a PUD in an R-2 zone, as
well as approval of the preliminary plat of a replat of the Prairie West
Subdivision. Planning Commission recommended approval of the conditional
use permit and preliminary plat provided that the necessary adjustments are
made to accommodate setback requirements, Broadway Circle is vacated, and
the conditions of the PUD are followed.
Developer John Komarek stated that after three meetings, it was his
assumption that the plan as presented was workable and that Broadway
Circle would remain a city street. He requested that City Council approve
the project as presented.
AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND
SECONDED BY SHIRLEY ANDERSON AS FOLLOWS:
p~CISION 1: TO APPROVE THE SETBACK VARIANCE TO THE SOUTH
ABUTTING THE RAILROAD PROPERTY AS PROPOSED AT 15 FT FOR LOTS 5 &
6 AND 25 FT FOR LOTS 7 & 8 CONTINGENT UPON VACATION OF BROADWAY
CIRCLE, AND TO DENY THE VARIANCES TO THE FRONT AND SIDE. Motion
is based on the finding that sufficient hardship has been shown far the
variance to the south abutting the railroad property but that no hardship has
been shown in support of variances to the front and side of the property.
DECISION2: TO APPROVE A CONDITIONAL USE PERMIT ALLOWING
DEVELOPMENT OF A PUD IN AN R-2 ZONE PROVIDED THAT BROADWAY
CIRCLE IS VACATED AND CONDITIONS OF A PUD ARE FOLLOWED.
DECISION 3: TO APPROVE THE PRELIMINARY PLAT OF A REPEAT OF THE
PRAIRIE WEST SUBDIVISION CONTINGENT UPON ADJUSTMENTS BEING
MADE TO ACCOMMODATE THE SETBACKS, THE VACATION OF BROADWAY
CIRCLE, AND CONDITIONS OF THE PUD ARE FOLLOWED.
Motion carried unanimously.
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Council Minutes - 9/25/95
11. C~~~j~er~,~ion of a variance to the front yard setback requirement for a PUD
i11.~T3 R-2 zone. Location is Klein Farms, Outlot A. A lnn icant, Swift
12. Consideration of approval of a conditional use permit that ould allow a
PUD in an R-2 zone. Location is Klein Farms; Outlot A. A,p~?~i~'~nl~,. Swift
Construction.
13.
Subdivisio~~ cation is Klein Farms. O of A. __ ~' Swift
Construction.
Assistant Administrator O'Neill reported that Swift Construction plans to
develop nine twinhome structures at Outlot A of the Klein Farms, which is
located in a sensitive transition zone between an industrial area to the north
and a single family housing development to the south. The homes would be
owner-occupied and would be served by an internal private street.
A variance to the front yard setback for a PUD in an R-2 zone was requested
for units #1 and #14 in order to accommodate larger back yard areas for the
development. It was the view of the applicant that the area of the variance is
essentially a side yard; however, it was the conclusion of the Planning
Commission that this area would be considered a front yard because it is the
front of the PUD. Therefore, the Planning Commission denied the variance
request based on the finding that no hardship had been demonstrated. The
development would be required to maintain a 30-ft front yard setback for lots
abutting Stoneridge Drive; however, the PUD would allow far internal
setbacks to be flexible if acceptable to the City.
O'Neill also reported that the applicant requested approval of a conditional
use permit that would allow a planned unit development in an R-2 zone and
preliminary plat approval of the HIein Farms Estates Subdivision. The
Planning Commission recommended approval of the conditional use permit
and preliminary plat subject to conditions and subject to the front yard
setback being maintained at 3Q ft.
It was also noted by O'Neill that the applicant would receive a 5p% reduction
in total planting units required under the buffer yard ordinance if a 5-ft
berm/screening fence is installed along the boundary between the residential
and industrial properties.
AFTER DISCU5SION, A MOTION WAS MADE BY CLINT HERBST AND
SECONDED BY SHIRLEY ANDERSON AS FOLLOWS:
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Council Minutes - 9/25/95
DECISION 1: TO DENY APPROVAL OF THE 10-FT VARIANCE BASED ON THE
FINDING THAT THE YARD IS A FRONT YARD AND A HA,RI)SHIP SUPPORTING
THE REQUEST HAS NOT BEEN DEMONSTRATED.
~~;r,~jSION 2: TO APPROVE A CONDITIONAL USE PERMIT THAT WOULD
ALLOW A PLANNED UNIT DEVELOPMENT IN AN R-2 ZONE SUBJECT TO THE
FOLLOWING CONDITIONS:
1. THE SITE PLAN MUST BE CONSISTENT WITH SETBACK
REQUIREMENTS AS DETERMINED BY THE PLANNING COMMISSION
AND CITY COUNCIL.
2. THE DRAINAGE SWALE ALONG THE REAR LOT LINE MUST NOT BE
FILLED, OR THE DEVELOPER MUST WORK WITH THE CITY TO
INSTALL A STORM SEWER LINE AT THIS LOCATION.
3. ADDITIONAL LANDSCAPING IS REQUIRED AS NOTED IN THE CITY
PLANNER'S REPORT.
4. LANDSCAPE PLANTINGS OR LOW MAINTENANCE GROUND COVER
MUST BE PLANTED IN AREAS WHERE THE BERM GRADES EXCEED A 3
TO 1 SLOPE.
5. ADJUSTMENTS ARE MADE TO THE UTILITY PLAN AS REQUIRED BY
THE CITY ENGINEER.
6. A UTILITY EASEMENT MUST BE PROVIDED WHICH WOULD ALLOW
ACCESS TO THE INTERNAL WATER AND SEWER MAINS SERVING THE
SITE, AND THE DEVELOPMENT AGREEMENT AND ASSOCIATION
BYLAWS MUST STATE THAT THE ASSOCIATION IS RESPONSIBLE FOR
PAYING FOR REPAIRS TO ANY STRUCTURE (SIDEWALK, STREET,
CURB, TREE, ETC.) THAT IS DAMAGED IN THE PROCESS OF UTILITY
MAINTENANCE ACTIVITY.
7. THE CITY MUST BE GRANTED A STORM SEWER EASEMENT IN THE
STORM WATER PONDING AREA LOCATED WEST OF THE SITE. TO
AVOID LONG-TERM MAINTENANCE PROBLEMS FOR THE
ASSOCIATION AND TO ENHANCE THE ENVIRONMENT, A CONTRACT
BETWEEN THE DEVELOPER AND A NATIVE GRASSES RESTORATION
FIRM MUST BE ESTABLISHED FOR THE PURPOSE OF ESTABLISHING
WETLAND CHARACTERISTICS IN THE STORM WATER BASIN.
8. ESTABLISHMENT OF AN ASSOCIATION AND BYLAWS AS PRESCRIBED
BY ORDINANCE.
DECISION 3: APPROVE THE PRELIMINARY PLAT OF THE KLEIN FARMS
ESTATES SUBDIVISION SUBJECT TO THE CONDITIONS NOTED UNDER THE
PUD APPROVAL.
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Council Minutes - 9/25/95
Applicant Terry Hartman requested that Council approve aberm/screening
fence that is less than 5 ft above the main floor elevation of the structure.
Allowing a shorter berm/fence would result in a small increase in usable back
yard area. Mayor Fyle noted that since the original plan was to construct
multi-family units in this area and now the city would be getting owner-
occupied twinhomes, perhaps some leniency should be given. Clint Herbst
noted the importance of sticking to the requirements of the buffer yard
ordinance, especially since this is the City's first application of the new buffer
yard standards.
Voting in favor of the motion: Clint Herbst, Shirley Anderson, Brian Stumpf,
Tom Perrault. Opposed: Brad Fyle. It was Fyle's view that the height of the
berm presented by Hartman was sufficient to qualify far the 50°10 credit
against required landscaping. Motion carried.
14. ~laslat~~ ~n West County Road 39 biosolids site.
Public Works Director John Simola reported that additional investigation of
the Kenneth Bohanon farm on West County Road 39 for possible sludge
application has begun as requested by Council. Mr. Bohanon initially
indicated that he was not interested in selling his property; however, he did
ask what the City would be willing to pay. Staff informed Bohanon that soil
investigations would be necessary before the City could discuss land values.
Bohanon agreed to give the City access to the property for soil testing.
Simola went on to state that they were unable to finish the testing prior to
the Council meeting; however, preliminary results show that the west 80
acres of the site appear to have fairly uniform sails, with an average of
12 inches of topsoil underlined by sandy soils. The current ground water was
found 27.5 ft to 32 ft beneath the surface. Some areas show 20 inches of
topsoil, which would be good for sludge application purposes.
No action was taken by Council at this time. Further information will be
submitted to Council when final test results are obtained.
15.
Commerce office site.
The Chamber of Commerce is requesting permission to place an information
kiosk/reader board at the Chamber of Commerce office site. City Council
needs to review the proposal because the property is owned by the City. The
main purpose of the sign is to provide information regarding community
events and activities. The duty of changing the reader board messages and
maintaining the sign would be the responsibility of the Chamber of
Commerce.
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Council Minutes - 9/25/95
A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT
HERBST TO APPROVE PLACEMENT OF AN INFORMATION KIOSKJR,EADER
BOARD AT THE CHAMBER OF COMMERCE SITE. Motion carried
unanimously.
16. C~1~' d~,r~ ' on of b~, s for the ,gyp oath o£ September.
AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND
SECONDED BY TOM PERRAULT TO APPROVE THE BILLS FOR THE MONTH
OF SEPTEMBER AS PRESENTED. Motion carried unanimously.
There being no further business, the meeting was adjourned.
__~
~'
e Doty
Office Manager
0
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