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City Council Minutes 03-11-1996MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, March 11, 1996 - 7 p.m. Members Present: Brad Fyle, Shirley Anderson, Clint Herbst, Brian Stumpf, Tom Perrault Members Absent: None 2. Approval of minutes of the special meeting held February 26 and the regular meeting held February 26, 1996. Councilmember Shirley Anderson requested that her recommendation for having fireworks at the Kmart parking lot be added to item #11. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD FEBRUARY 26 AS WRITTEN AND THE REGULAR MEETING HELD FEBRUARY 26, 1996, AS CORRECTED. Motion carried unanimously. A. City Administrator Rick Wolfsteller reported that the Board of Review meeting date was changed back to Wednesday, May 8, 1996, at 7 p.m., at the suggestion of County Assessor Doug Gruber, as he would be unable to attend. the meeting on May 15 as proposed by Council. It was the consensus of Council to approve May 8, 1996, at 7 p.m., as the Board of Review meeting date. B. Councilmember Stumpf asked if job openings were posted internally as well as being advertised in the newspaper. Staff responded that the personnel policy requires posting of job openings for a minimum of three days so that all employees are aware of the opening, and the Chief Building Official position has been posted. C. Councilmember Herbst requested that department head evaluations be made available to Council for their review. D. Public Works Director John Simola reported that after investigating the cost of the fire alarm system at the fire hall, it was found that the current company had been billing the City for inspection and testing of the system; however, these services were included in the contract. Simola noted that Wright Hennepin Security proposes a system which would save the City $150 per year and would include a UL -rated monitor and kitchen heat detector to prevent false alarms. Page 1 Council Minutes - 3/11/96 Mayor Fyle noted that if the current company had doubled billed the City, the City should receive reimbursement for the overpayment. It was the consensus of Council to authorize the Public Works Director to install a Wright Hennepin Security system at the fire hall as proposed. 4. Citizens comments/petitions, requests, and complaints. None. 5. Consent agenda. A. Consideration of approving gambling license for Ducks Unlimited Banquet. Recommendation: Acknowledge receipt of the gambling license application and approve issuance by the State of Minnesota. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO APPROVE THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously. 6. Consideration of approval of preliminary plat of the Briar Oakes Second Addition. Applicant, C & S of St. Cloud. Assistant Administrator O'Neill reported that C & S of St. Cloud requested preliminary plat approval of a revised design of the Briar Oakes Estate Second Addition, which is located north of the first addition and south of Eastwood Knoll. The plat contains 32 lots, all of which are over the minimum 12,000 sq ft. O'Neill explained that the changes to the originally -approved preliminary plat included introduction of a modified cul-de-sac/loop street featuring a center island and a reduction of the street width at Shady Oak Circle. The design proposed by the developer called for a 24 -ft wide loop street extending into the corner of the plat, which would create longer street frontage for the three lots it served. O'Neill noted that the plat would be connected to Eastwood Knoll to the north via Eastwood Lane. Public Works Director John Simola noted that the proposed 24 -ft street width would make snowplowing difficult, and cars parked on the street may prevent fire trucks from getting through. He noted that the ordinance requires a 32 -ft wide street, and it was his view that the street should be no less than 30 ft wide. Page 2 Council Minutes - 3/11/96 City Engineer Bret Weiss noted that the plan was still being reviewed, and staff would need some flexibility for changing the configuration prior to final plat approval. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON TO APPROVE THE PRELIMINARY PLAT OF BRIAR OAKES ESTATE SECOND ADDITION WITH THE MODIFICATION THAT SHADY OAK CIRCLE BE A MINIMUM OF 30 FT WIDE. MOTION INCLUDES AUTHORIZING STAFF THE FLEXIBILITY TO MODIFY THE RIGHT- OF-WAY TO MEET THE CITY'S NEEDS PRIOR TO FINAL PLAT APPROVAL. MOTION ALSO INCLUDES ACCEPTANCE OF A STRAIGHT CUL-DE-SAC DESIGN IF THE DEVELOPER CHOOSES TO RETURN TO THE ORIGINAL DESIGN RATHER THAN THE 30 -FT WIDE LOOP STREET. Motion carried unanimously. 7. Consideration of a conditional use permit which would allow expansion of an S 1 office building in a PZM zone. Applicant. Ruff Auto Parts. Councilmember Brian Stumpf announced that he would abstain from voting on this issue due to his direct negotiations with the City for the Ruff Auto expansion. Assistant Administrator O'Neill reported that Ruff Auto Parts had requested a conditional use permit to allow construction of a second story to the existing office building. The City requires that site improvements be completed as required by code prior to expansion of a non -conforming business; however, Ruff' Auto requested that Council delay completion of code requirements until after negotiations with the City are completed for establishment of a planned unit development (PUD). This would enable Ruff Auto to begin the second story addition during this construction season. O'Neill noted that the PUD plan document would be completed in six months with site improvements to follow as identified in the plan. In addition, O'Neill noted that Ruff Auto agreed to move the fence on 6th Street back onto Ruff Auto property to provide space for pine plantings, which would screen the view of the cars from 6th Street and Elm Street. The City would move the fence and split the estimated cost of $5,000 with Ruff Auto for the site plan work. It was also noted that the Ruff Auto site was not served with city sewer. It was suggested by staff that as a prerequisite to expansion, sanitary sewer lines should be extended to the site unless Council made a finding that it was not feasible to serve the site with such service. Page 3 Council Minutes - 3/11/96 Brian Stumpf and Chuck Stumpf, representing Ruff Auto, requested that they not be required to hookup to sanitary sewer until the adjacent property to the south is developed, Elm Street is upgraded, and 7th Street is extended. The Public Works Director suggested that Council establish a time table for hookup to sanitary sewer service in the event the adjacent property does not develop for many years. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY CLINT HERBST TO APPROVE THE CONDITIONAL USE PERMIT REQUEST ALLOWING EXPANSION OF THE RUFF AUTO OFFICE BUILDING SUBJECT TO THE FOLLOWING CONDITIONS: 1. RUFF AUTO WILL ENTER INTO NEGOTIATIONS OUTLINING TERMS AND CONDITIONS ASSOCIATED WITH A PLANNED UNIT DEVELOPMENT. 2. RUFF AUTO WILL FUND HALF THE COST OF THE PUD/ NEIGHBORHOOD PLAN WITH THE TOTAL COST NOT TO EXCEED $5,000. 3. RUFF AUTO WILL ALLOW THE CYCLONE FENCE ON THE 6TH STREET SIDE OF THE PROPERTY TO BE RELOCATED OFF THE CITY RIGHT-OF- WAY TO A POSITION APPROXIMATELY 8-12 FT INSIDE OF THE RUFF AUTO PROPERTY LINE. 4. RUFF AUTO WILL HOOKUP TO CITY SANITARY SEWER SERVICE WITHIN THREE YEARS OR AT THE TIME THE ADJACENT PROPERTY TO THE SOUTH IS DEVELOPED. Voting in favor: Shirley Anderson, Clint Herbst, Tom Perrault, Brad Fyle. Abstaining: Brian Stumpf. Motion is based on the following findings: 1. The expansion of the office building will not result in an increase or intensification of the non -conforming aspects of the site. For example, no additional outside storage will result from the expansion. 2. This situation is a unique, long-standing, pre-existing condition to which the applicants have expressed an interest in negotiating a solution. These conditions are not found in other areas of Monticello, thus the conditional use permit approach is justified in this situation. The site size, configuration, and elevation relative to the surrounding properties makes complete conformance to city code, or establishment of a PUD, unfeasible within the requested time frame for construction of the addition. Accepting an agreement to plan for ultimate Page 4 Council Minutes - 3/11/96 conformance while allowing expansion in the short term accomplishes Ruff Auto's short-term goals and has the potential of creating a long- term plan that allows the neighborhood and Ruff' Auto to co -exist. 8. Consideration of purchasing a home and 365 ft of riverfront property west of Bridge Park. Assistant Administrator O'Neill reported that the property owner had second thoughts about selling the property and at this time has withdrawn the offer. No action was taken by Council. 9. Consideration of ap ointing Council representative for union contract negotiations. A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO APPOINT CLINT HERBST AS THE COUNCIL REPRESENTATIVE FOR UNION CONTRACT NEGOTIATIONS. Motion carried unanimously. There being no further business, the meeting was adjourned. K r4n Doty Office Manager Page 5