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City Council Minutes 04-22-1996MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, April 22, 1996 - 7 p.m. Members Present: Brad Fyle, Shirley Anderson, Clint Herbst, Brian Stumpf, Tom Perrault Members Absent: None A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD APRIL S, 1996, AS WRITTEN. Motion carried unanimously. 1 1 _�� • 1 _• A. Proposal by Post Office to eliminate cluster locked mailboxes from certain subdivisions. City Administrator Rick Wolfsteller reported that the Post Office recently notified approximately 300 customers that their cluster mailboxes would be removed by July 1996, as they are costly and time consuming for the Postal Service to operate. Since city ordinance requires the cluster mailbox concept in all new subdivisions, the locked units were supplied by the Postal Service in some subdivisions. Wolfsteller noted that if the mailboxes are removed by the Post Office, it may be difficult to make sure that all the residents continue to use the cluster box concept, as the City would be unable to require the developers to install new mailboxes in the now -completed subdivisions. Councilmember Shirley Anderson noted that in some communities the mailbox units were turned around, which made mail delivery much easier. It was the consensus of Council to direct the City Administrator to notify Postmaster Jack Hutchinson that if the Postal Service removed the cluster boxes, it was the City Council's view that it would be the responsibility of the Postal Service to replace them with an alternate cluster box style. B. Councilmember Clint Herbst noted that there are sealcoat chips on the lawns in the Cardinal Hills subdivision and requested that the public works department review the area. Page 1 Council Minutes - 4/22/96 C. Councilmember Clint Herbst requested that all "letters to the editor" written by City staff as City employees be reviewed and approved by the City Council. D. Councilmember Shirley Anderson requested that information mailed by City staff for the Monticello Community Partners (MCP) be mailed in plain envelopes rather than City of Monticello envelopes to avoid confusion on who the information is from. City staff will inform the MCP that they need to provide their subcommittees with a supply of envelopes for future mailings. Mayor Brad Fyle noted that Council needed more time to review the Highway 25/Chelsea Corridor Study and recommended that no decisions be made at this time. Ron Bray of WSB briefly reviewed the study, the purpose of which was to determine the best position for a future intersection serving the area on State Highway 25 directly south of the freeway and for identifying service roads and access points to Highway 25. He also reviewed the proposed timeline and requested that Council schedule a workshop to review the proposed options. City Engineer Bret Weiss noted that MN/DOT is supportive of the project and has sufficient funds to construct an expansion of Highway 25 to four lanes from the freeway to Kjellbergs Mobile Home Park. It was the consensus of Council to schedule a workshop for Monday, May 13, 1996, at 6 p.m., to discuss the Highway 25/Chelsea Corridor Study in more detail. F. City Administrator Wolfsteller reported that according to the records retention schedule, meeting tapes may be destroyed one year after approval of the written minutes. He asked Council if they would like to keep the tapes longer or destroy them according to the retention schedule. It was the consensus of Council to authorize destruction of meeting tapes 3 years after approval of the written minutes. Page 2 Council Minutes - 4/22/96 4. Citizens comments/petitions, requests, and complaints. A. Tom Overman noted that the railroad crossing on Jerry Liefert Drive was in poor condition and asked who could make the necessary repairs. Public Works Director John Simola stated that he would advise Burlington Northern of the repairs needed and ask what could be done in the meantime. Overman also requested that the city ordinance regarding dogs be publicized, as there have been some problems in the Par West subdivision. It was noted by Council that information could be published in the local newspaper or in the City's newsletter. 5. Consent agenda. A. Consideration of resolution authorizing the application for a loan from the Public Facilities Authority for the wastewater treatment plant expansion proje. Recommendation: Adopt a resolution which indicates the City has the legal authority to apply for the loan and that the Mayor or City Administrator are authorized to execute any necessary documents for the loan. SEE RESOLUTION 96-14. B. Consideration of Arbor Day Proclamation and observance for Friday. Apri126. 1996, Recommendation: Proclaim Friday, April 26, 1996, as Arbor Day and observe it by having a small tree planting ceremony in one of the parks. C. Consideration of approving a temporary on -sale liquor license for Ducks Unlimited Banquet and River -fest. Applicant,, Monticello Lions Club. Recommendation: Approve issuance of a temporary on -sale liquor license to the Monticello Lions Club for the Ducks Unlimited Banquet scheduled for May 6, the Arts and Crafts Expo in Ellison Park on July 6, and Riverfest Celebration on July 7. Approval also allows a setup license for the Ducks Unlimited Banquet. Approval is contingent upon proof of liability insurance coverage and payment of the required fee. A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO ADOPT THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously. Page 3 Council Minutes - 4/22/96 6. Public Hearing --Consideration of adopting proposed assessment roll for delinquent utility bills and certification of assessment roll to County Auditor. Mayor Fyle opened the public hearing. City Administrator Wolfsteller reported that the list of delinquent utility accounts were at least 60 days past due and included all new delinquents from the last time accounts were certified. In addition, the amount owed also included an administrative fee of $25 per account. It was recommended that the delinquent accounts be placed on an assessment roll for certification in 1997 at an interest rate of 8%. Councilmembers discussed the possibility of increasing the administrative fee according to the amount of the delinquent bill. There being no comment from the public, the public hearing was closed. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON TO ADOPT THE RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE DELINQUENT CHARGES AS PRESENTED AND DIRECT THE CITY ADMINISTRATOR TO INVESTIGATE THE POSSIBILITY OF INCREASING THE ADMINISTRATIVE FEE. Motion carried unanimously. SEE RESOLUTION 96-15. 7. Public Hearing --Consideration of an ordinance amendment revising hours of operation on Sundays for liquor license holders. Mayor Fyle opened the public hearing. City Administrator Wolfsteller reported that current city ordinances indicate that no liquor sales can occur before noon on Sundays; however, State Statutes allow Sunday sales of liquor within a restaurant, club, bowling alley, or hotel with seating capacity for at least 30 persons to begin at 10 a.m. on Sundays. Wolfsteller noted that Mr. Rob Hoffman, owner of J.P.'s Annex, would like to offer a morning brunch that would include the availability of liquor before noon; therefore, he requested consideration of an ordinance amendment allowing liquor sales to begin at 10 a.m. on Sundays. After discussion, Mayor Fyle closed the public hearing. Page 4 Council Minutes - 4/22/96 A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO DENY AMENDING THE ORDINANCE AND LEAVE SUNDAY SALES BEGINNING A 12:00 NOON ON SUNDAYS. Voting in favor: Brian Stumpf, Clint Herbst, Shirley Anderson, Brad Fyle. Opposed: Tom Perrault. Motion passed. 8. Public Hearing --Consideration of vacating Broadway Circle roadway and utility easements. 0 Mayor Fyle opened the public hearing. Assistant Administrator Jeff O'Neill reported that the Prairie West final plat was approved contingent on the vacation of Broadway Circle. The homeowner association would be responsible for plowing snow and maintaining the roadway, and the City would continue to be responsible for maintaining the sanitary sewer and water system up to the individual service lines. He noted that easement rights to the utilities would be recorded when the road is vacated. There being no comment from the public, the public hearing was closed. A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO APPROVE VACATION OF BROADWAY CIRCLE CONTINGENT ON THE PROVISION OF WATER, SANITARY SEWER, AND STORM SEWER EASEMENTS. Motion carried unanimously. 9. Consideration of adoption of development and disbursement agreements -- Prairie West development. Assistant Administrator O'Neill reported that the proposed development and disbursement agreements for the Prairie West development were similar to past agreements adopted. The development agreement for Prairie West requires the developer to pay for installation of public utilities, including Construction Inspector fees. Under the disbursement agreement, funds sufficient to cover the cost of the project would be placed in escrow, with the City controlling the release of funds from the bank to the developer's contractor when the work has been completed properly. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO APPROVE THE DEVELOPMENT AND DISBURSEMENT AGREEMENTS FOR THE PRAIRIE WEST DEVELOPMENT CONTINGENT ON FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY AND SUBJECT TO APPROVAL OF PLANS AND SPECIFICATIONS BY THE CITY ENGINEER. Motion carried unanimously. Page 5 Council Minutes - 4/22/96 10. Consideration of a conditional use permit request which would allow development of an auto body collision repair facility in a B-3 (high)yay business) zone; and consideration of a variance to the hard surfacing requirement Location is Lots 3 and 4, Block 3 Plaza Partners Applicant, Mike Zieska. Steve Grittman of Northwest Associated Consultants reported that Mike Zieska, on behalf of Car Star Inc., requested a conditional use permit to allow the establishment of an auto body repair shop in a B-3 (highway business) zone and a variance from the City's surfacing requirement for the vehicle storage areas. Grittman reviewed the area surrounding the site, noting that the use could compatibly exist at the site provided that ample screening is provided, particularly along the northern boundary adjacent to a commercial child care facility. The proposed facility was found to comply with lot area, width, building height, and setback requirements. Grittman also reviewed the various conditions that were recommended to be attached to the conditional use permit, noting that the Planning Commission also discussed the noise level associated with auto body repair and suggested that the doors could remain closed to reduce the amount of noise. The applicant proposed that the screening fence material be the same material as the building for a more uniform site, which the Planning Commission agreed would be acceptable. Planning Commission also discussed additional screening on the southerly boundary. Assistant Administrator O'Neill added that the entire outside storage area would be required to be screened. Grittman then reviewed the request to allow a crushed granite surface for the vehicle storage area rather than the required hard surfacing. He noted that the Planning Commission approved a crushed granite surface for the area west of the building, with hard surfacing required in the southern area of the site from Sandberg Road to the end of the building. Deferrment of hard surfacing was approved until October 15, 1997, or at the time the building is expanded. Landscaping or green space was also approved for areas not needed for drive area. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW AN AUTO BODY REPAIR SHOP IN A B-3 (HIGHWAY BUSINESS) ZONE WITH THE FOLLOWING CONDITIONS: Page 6 Council Minutes - 4/22/96 1. Two additional off-street parking stalls must be provided to comply with applicable off-street parking requirements (16 total spaces required). 2. Parking lot stalls must be increased in depth from 17 ft to 20 ft. 3. All City sign requirements are determined to be satisfied. 4. A grading and drainage plan is submitted and subject to review and approval of the City Engineer. 5. All exterior lighting must be hooded and directed to reflect light away from adjacent properties and public rights-of-way. 6. The proposed 30 -ft wide curb cut is subject to approval by the City Engineer. 7. The applicant demonstrate that no adverse noise impacts will be imposed upon surrounding properties (i.e., through building insulation, etc.). 8. Additional landscaping is provided along properties boundaries. Specifically, coniferous plantings be provided along the northern property lines to provide an effective year-round screen. 9. High quality fencing (i.e., wood or the same material used for the building) must be used to screen the site's outdoor storage area. 10. Compliance with other conditions as noted in the ordinance. 11. Hard surfacing of the drive area west of the building line must be completed at the time the building is expanded or no later than September 15, 1997. A crushed granite surface may be used until this time. Motion carried unanimously. Motion is based on the finding that the proposed project is consistent with the spirit and intent of the Monticello Comprehensive Plan goals and policies and in keeping with the intent of the zoning ordinance, is consistent with the purpose of the performance standards of the zoning ordinance, and will not have any adverse impacts as outlined in the zoning ordinance. Motion to add the hard surfacing requirement to the conditional use permit was based on the finding that the City would have more control over the site and over the phases being completed. Page 7 Council Minutes - 4/22/96 11. Consideration of a request to assist Post Office in establishing an additional access. City Administrator Wolfsteller reported that in the past, the Post Office had access points to their site from both Broadway and Locust Street; however, Metcalf and Larson, owners of the adjacent office building, recently blocked the access from Locust Street when their request for assistance in maintenance cost was denied by the Post Office and the building owner. At the time Metcalf and Larson requested assistance, it was brought to the City's attention that Metcalf and Larson never recorded the 20 -ft easement as originally agreed in the development agreement with the HRA. The easement access was to be provided in exchange for vacating the original 12 - ft easement used as access to the Post Office to allow Metcalf and Larson to build a larger building. The HRA acquired and demolished the property and resold it to Metcalf and Larson as part of a tax increment financing district. It was noted that Metcalf and Larson suggested that the City sell their adjacent lot to the owner of the Post Office building to allow an additional access point from Linn Street. Council discussed the possibility of selling the City -owned lot on Linn Street or whether they should request that the HRA re-establish the 20 -ft easement through the Metcalf and Larson parcel as originally agreed. It was noted by Councilmembers that the building owner may need to resolve this issue with Metcalf and Larson in order to keep the Post Office as a tenant. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO REQUEST THAT THE HRA FIRST ATTEMPT TO ENFORCE THE PROVISIONS OF THEIR DEVELOPMENT AGREEMENT AND RE-ESTABLISH THE ORIGINAL 20 -FT EASEMENT FROM LOCUST STREET. Voting in favor: Shirley Anderson, Brian Stumpf, Clint Herbst, Tom Perrault. Opposed: Brad Fyle. It was Fyle's view that the City should advise the owner of the Post Office building that the abutting City -owned lot is available for sale. Herbst agreed that the City could still offer the lot for sale at a fair market value. Motion passed. 12. Consideration to appoint an IDC representative to the EDA. Economic Development Director 011ie Koropchak reported that Harvey Kendall submitted his resignation as a member of the IDC and EDA, and the IDC recommended the appointment of Ken Maus as the IDC representative to the EDA until the December 1996 term expiration. Council Minutes - 4/22/96 A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO APPROVE THE APPOINTMENT OF KEN MAUS AS THE IDC REPRESENTATIVE TO THE EDA FOR THE REMAINDER OF THE TERM TO EXPIRE DECEMBER 1996. Motion carried unanimously. 13. Consideration of proposals for replacing light fixtures in city hall and liquor store. City Administrator Wolfsteller noted that the lighting at city hall and the liquor store is inadequate and requested that Council consider replacing the light fixtures. Wolfsteller explained that the current lighting over the display floor area of the liquor store consists of incandescent bulbs, which are not very energy efficient. He noted that there are direct rebate programs through NSP that encourage customers to change their lighting systems to a more efficient type such as fluorescent. The cost to replace the lighting at the liquor store was estimated at $4,505, which would result in a payback period of 5.5 years based on estimated energy savings of $719 annually. In regard to city hall, the lighting consists of black hanging fixtures that reflect light off the ceiling using 400 -watt halogen light bulbs, which have not produced adequate light and have had to be supplemented with individual desk lamps. The cost for replacement with fluorescent fixtures mounted near the ceiling was estimated at $16,218, which would result in a payback period of approximately 4.7 years based on electrical savings of $2,800 annually and a $2,900 NSP rebate. Wolfsteller suggested that Council may wish to first replace only two units to make sure the new fixtures are compatible with city hall architecture. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO TABLE DISCUSSION OF REPLACING LIGHT FIXTURES AND DIRECT THE CITY ADMINISTRATOR TO OBTAIN ADDITIONAL QUOTES FOR COUNCIL REVIEW AT AN UPCOMING MEETING. Motion carried unanimously. 14. Consideration of ratifying union contract renewal. City Administrator Wolfsteller reported that he and Councilmember Herbst met with union representatives and reached a tentative agreement regarding the union contract for the period April 1, 1996, to March 30, 1998, with the following changes proposed: Page 9 Council Minutes - 4/22/96 1. Increase benefits from 75% to 100% for the Groundskeeper/ Maintenance Worker, as the position has required 40 -hour weeks. 2. Wages for union membership would increase 2.7% effective April 1, 1996. In addition, on April 1, 1997, union salaries would be increased an additional 1.5% or by a percentage equal to the amount granted to non-union employees for 1997, whichever is greater. In addition to the above contract language changes, two additional memorandums of understanding were also agreed to as follows: 1. On a trial basis, the City would change the work schedule for union employees to 8 a.m. to 4:30 p.m., with a half hour lunch, effective June, July, and August, 1996. 2. There appeared to be some reasonable benefit for the City to investigate the idea of changing the amount of days that can be accumulated for sick leave and/or the amount that could be applied toward future health insurance premiums upon retirement, which could be incentive for employees to retire earlier than normal. The memorandum stated that it was anticipated the Council would address this issue for all City employees, and any changes made would be retroactive to April 1, 1996, for the union membership. A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO RATIFY AND EXECUTE A NEW 2 -YEAR CONTRACT WITH THE CHANGES AS OUTLINED, RESULTING IN A SALARY INCREASE OF 2.7% THE FIRST YEAR OF THE CONTRACT AND A MINIMUM OF 1.5% THE SECOND YEAR, AND 100% OF BENEFITS TO THE GROUNDSKEEPER POSITION, ALONG WITH THE TWO MEMORANDUMS OF UNDERSTANDING. Motion carried unanimously. 15. Consideration of accenting staged odor control plan for Mississippi Shores, Assistant Administrator Jeff O'Neill reported that in January of 1995, the City Council approved a conditional use permit to allow development of a 48 - unit three-story senior housing project (Mississippi Shores). As a condition of the approval, condition #9 stated "an air filtration system will be developed that will serve common areas within the building and will serve individual apartments meeting design requirements of the City Engineer." Page 10 Council Minutes - 4/22/96 O'Neill noted that after inspection of the Mississippi Shores odor control system, it appeared the system for the common areas was acceptable; however, the individual living units did not have adequate odor scrubbing systems. George Bloom of OSM recommended that individual table -top air cleaners be purchased for each of the units; however, the Mississippi Shores Building Committee proposed to purchase only two individual units and purchase additional units upon complaints from individual residents. Council was requested to consider approval of this staged plan as meeting the requirement outlined in the conditional use permit. Councilmember Herbst noted that it would be wise to purchase the air cleaners as requested by residents rather than all at once to avoid unneeded extra cost. It was also noted by Councilmember Anderson that complaints from residents would go to Presbyterian Homes since they are the owners of the building; however, other Council members felt that since Presbyterian Homes was aware of the odor control requirements prior to building, they should be required to provide air cleaning units to each apartment. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO DENY APPROVAL OF THE STAGED ODOR CONTROL PLAN, AS TWO FREE-STANDING AIR CLEANERS WOULD NOT BE SUFFICIENT AND WAS NOT CONSISTENT WITH THE CONDITIONAL USE PERMIT REQUIREMENT. Voting in favor: Brian Stumpf, Tom Perrault, Brad Fyle. Opposed: Clint Herbst, Shirley Anderson, as it was their view that purchasing the air cleaning units as requested by residents was acceptable. Motion passed. 16. Consideration of authorizing purchase of new street sweeper under state contract. Public Works Director John Simola reported that the current street sweeper was purchased in 1979 and presented few problems during the past 17 years; however, it was recommended that the City consider purchasing a new Elgin street sweeper at this time at a cost of $95,052.83 through the state contract. The City of Rockford expressed an interest in purchasing the current street sweeper at a cost of $20,000. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY CLINT HERBST TO AUTHORIZE THE PURCHASE OF AN ALL - HYDRAULIC ELGIN PELICAN SERIES P THREE -WHEEL BROOM SWEEPER ON THE STATE BID FOR A TOTAL AMOUNT OF $95,052.83, INCLUDING SALES TAX AND FREIGHT. Motion includes giving the City of Rockford first choice to purchase the current street sweeper at a cost of $20,000, or trade to MacQueen Equipment. Motion carried unanimously. Page 11 Council Minutes - 4/22/96 17. Consideration of approving bills for the month of April. A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY CLINT HERBST TO APPROVE THE BILLS FOR THE MONTH OF APRIL AS PRESENTED. Motion carried unanimously. There being no further business, the meeting was adjourned. katen Doty Office Manager Page 12