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City Council Minutes 08-12-1996MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, August 12, 1996 - 7 p.m. Members Present: Shirley Anderson, Clint Herbst, Brian Stumpf, Tom Perrault Members Absent: Brad Fyle 1. Acting Mayor Shirley Anderson called the meeting to order. 2. Consideration of approval of minutes of the regular meeting held July -22. 1996. Brian Stumpf requested that the minutes be checked to see if they should include the appointment of Bridget Baldwin to the Police Commission. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY TOM PERRAULT TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD JULY 222 1996. Motion carried unanimously with Brad Fyle absent. 3. Consideration of adding items to the agend . A. Consideration of an offer to purchase Lots 1 and 2, Block 1.Oakwood .Industrial Park 2nd Addition - Lake Tool. This item was added to the end of the agenda. 4. Citizens comments/petitions, requests,, and omplaints. A. Carol Bloomdahl, owner of the property now occupied by Little Mountain Books, requested financial assistance to help with paying for stucco application to the east side of his building. Bloomdahl noted that the insurance award associated with the damage resulting from the recent collapse of the adjoining building was not sufficient to cover the cost to stucco the side of his building. He also noted that in Elk River, the City assisted with repairs to a retail business downtown. Shirley Anderson noted that the Monticello Community Partners, working with the Housing and Redevelopment Authority, are developing a plan for the area that could impact the Bloomdahl property. She would hesitate to commit funds to projects in the area prior to completion of the MCP/HRA planning effort. Page 1 Council Minutes - 8/12/96 It was the consensus of the Council that consideration of this request should come only after completion of the MCP/HRA planning effort, which will be completed in a few months. Councilmember Tom Perrault requested that item 5A, allowing a simple subdivision for the Phyllis Link property, and item 5B, allowing a simple subdivision of the Ron Ruff property, be removed from the consent agenda for discussion. Councilmember Brian Stumpf requested that item 5E, allowing the fire department to conduct a house burn for training purposes, be removed from the consent agenda for discussion. A. Consideration of allowing a simple subdivision Applicant. Phyllis Link. Removed from the consent agenda for discussion. B. Consideration of allowing a simple subdivision Applicant, Ron Ruff Removed from the consent agenda for discussion. C. Consideration of reviewing Greater Monticello Enterprise Fund (GMEF) Loan No 013 (Standard Iron) for compliance with the GMEF guidelines. Recommendation: Support the EDA decision by determining that GMEF Loan No. 013 for Standard Iron (SELUEMED Limited Liability Partnership) was approved without violation of the GMEF guidelines. D. Consideration of appointing election judges for the 1996 primary and general elections. Recommendation: Appoint election judges as presented. E. Consideration of issuance of an open burning permit to fire department to conduct a house burn for training p=oses. Removed from the consent agenda for discussion. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO APPROVE ITEMS 5C AND 5D ON THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously with Brad Fyle absent. Page 2 Council Minutes - 8/12/96 6. Consideration of items removed from the consent agenda for discussion. 5A. Consideration of allowing a simple subdivision. Applicant, Phyllis Link. AND IM 101113 11) Assistant Administrator O'Neill explained that Ron Ruff and Phyllis Link have each requested simple subdivision approval to allow the subdivision of their respective properties into two buildable lots. The Link property would initially be divided into three parcels. Parcel C would be conveyed to Mr. Ruff, who would then combine it with his property and split his new property into two 12,000 sq ft lots. O'Neill noted that each of the new lots will meet the ordinance standards for lot size and width. AFTER DISCUSSION, A MOTION WAS MADE BY TOM PERRAULT AND SECONDED BY CLINT HERBST TO APPROVE BOTH SIMPLE SUBDIVISIONS AS REQUESTED. Motion carried unanimously with Brad Fyle absent. 5E. Consideration of issuance of an open burning permit to fire department to conduct a house burn for training imposes. Steve George, training officer for the Monticello Fire Department, noted that the fire department personnel has few opportunities to gain experience in fighting house fires. The Banyai property is in a good location for a training exercise, as there is good separation between the property and homes in the area. He also noted that departments from around the area will also be participating in the training exercise. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO APPROVE ISSUANCE OF AN OPENING BURNING PERMIT TO THE MONTICELLO FIRE DEPARTMENT TO ALLOW A HOUSE BURN FOR TRAINING PURPOSES AT THE INTERSECTION OF BROADWAY CIRCLE AND COUNTY STATE AID HIGHWAY 75. Motion carried unanimously with Brad Fyle absent. Page 3 Council Minutes - 8/12/96 7. Consideration Occupation Permit to allow furniture repair and refinishing business in a single family residence, Location: Lot _Block 7, Lower Monticello,Applicant, Ronald Assistant Administrator O'Neill explained that Ron Hall has requested a special home occupation permit to operate a furniture repair and refinishing office at his residence at 413 East River Street. The proposed business exceeds the requirements of a permitted home occupation by conducting the business in an accessory building and providing repair services, which requires equipment other than customarily found in a home. Therefore, the processing of a special home occupation is necessary. O'Neill went on to note that according to the application provided by Hall, most of the work done on site is in the garage. No other person other than the resident will conduct the furniture repair business, and he intends to make furniture pickup and drop off himself at the customer's place of residence. O'Neill also noted that the applicant wishes to make a separate connection to the city sewer and water service directly to the garage. Brian Stumpf was concerned about possible fumes associated with furniture refinishing. O'Neill noted that a condition of the permit requires that no odors be present. Stumpf recommended that random visits to the site be made during the first year of operation and that neighbors should be asked if the home occupation operation intrudes on the residential characteristics of the neighborhood. This information could be used in determining whether or not to renew the home occupation permit in 1998. O'Neill reported that the Planning Commission conducted the public hearing on this matter, and there were no objections to the conditional use permit expressed by area residents. Planning Commission recommended approval based on a finding that the operation of the home occupation as proposed could be transparent to the neighborhood and, thus, would not impact the residential character. The proposal is, therefore, compatible with the comprehensive plan's goal of maintaining quality neighborhoods. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY TOM PERRAULT TO GRANT THE SPECIAL HOME OCCUPATION PERMIT FOR RON HALL TO OPERATE A FURNITURE REPAIR AND REFINISHING OFFICE AT HIS RESIDENCE AT 413 EAST RIVER STREET. THE CONDITIONAL USE PERMIT IS SUBJECT TO THE FOLLOWING CONDITIONS: 1. ALL CONDITIONS IDENTIFIED BY ORDINANCE. Page 4 Council Minutes - 8/12/96 2. SOLID WASTE RESULTING FROM COMMERCIAL ACTIVITY AT THE RESIDENCE MUST BE DISPOSED OF VIA PRIVATE CONTRACT. 3. APPLICANT MUST OBTAIN APPROVAL FROM THE PUBLIC WORKS DEPARTMENT AND THE POLLUTION CONTROL AGENCY TO DISCHARGE FURNITURE REFINISHING CHEMICALS INTO THE CITY SANITARY SEWER SYSTEM. Motion carried unanimously with Brad Fyle absent. Motion is based on the finding that the operation of the home occupation as proposed could be transparent to the neighborhood and, thus, would not impact the residential character. The proposal is, therefore, compatible with the comprehensive plan's goal of maintaining quality neighborhoods. 8. Public Hearing--CQnsideration of an amendment to the zoning Qrdinance establishing a new zoning district known as "B -M', Neighborhood Automotive Related Use District, Applicant, Montice o Plannin 9. Public Hearing--CQnsideration of amendments to the Monticello Z 1 9 Ordinanceregulating • number, • • •use accessory- • Qning dis Applicant. Planning Cory Brian Stumpf noted that with the absence of Brad Fyle and the need to obtain a 4/5 vote to approve zoning ordinance amendments, it would make sense to table item #8, the public hearing on consideration of an amendment to the zoning ordinance establishing a new zoning district known as B -3A (neighborhood automotive related use district), and also consider tabling item #9, consideration of the amendments to the zoning ordinance regulating accessory buildings. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO TABLE ITEMS #8 AND #9 TO THE NEXT REGULAR MEETING OF THE CITY COUNCIL AND TO EXTEND THE LIMITED MORATORIUM ON ACCESSORY BUILDINGS TO AUGUST 26, 1996. Motion carried unanimously with Brad Fyle absent. 10 Consideration of approvi - nsion of liquor license at JP's Annex to include an outdoor seating are . Rob Hoffman, owner of J.P.'s Annex restaurant and bar at the Hillside Partnership's mall, requested expansion of his restaurant and bar business by establishing an outdoor seating area at the rear of the facility. The proposed expansion would utilize six of the existing parking spaces at the rear of the building. Council was asked to consider modifying the on -sale Page 5 Council Minutes - 8/12/96 liquor license to include an outdoor seating area and to determine if the expansion could occur under the existing conditional use permit and to determine the need for expansion of parking to offset the loss of spaces resulting from the outdoor seating area. Clint Herbst expressed concerns regarding establishing an outdoor eating area adjacent to the 7th Street apartments. He was concerned about late night noise and lights. Rob Hoffman noted that he would like to be able to compete with other establishments that have outdoor dining. He noted that he would make sure that noise and activity would be maintained in a manner that would not disturb people living in the area. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST TO DENY APPROVAL OF THE AMENDMENT TO THE LIQUOR LICENSE THAT WOULD ALLOW OUTDOOR EATING AREA AND TO DENY APPROVAL TO EXPAND THE USE OF THE FACILITY WITHOUT DEVELOPMENT OF ADDITIONAL PARKING SPACES. Motion failed due to lack of a second. AFTER DISCUSSION, A MOTION WAS MADE BY TOM PERRAULT AND SECONDED BY BRIAN STUMPF TO TABLE CONSIDERATION OF APPROVING EXPANSION OF THE LIQUOR LICENSE AT J.P.'S ANNEX AND TO RECOMMEND THAT THE APPLICANT REQUEST AN AMENDMENT TO THE CURRENT CONDITIONAL USE PERMIT ALLOWING OPERATION OF THE STRIP MALL/RESTAURANT FACILITY. Voting in favor: Tom Perrault, Brian Stumpf, Shirley Anderson. Opposed: Clint Herbst. Absent: Brad Fyle. Motion passed. 11. Review of six month liquor store financial report. City Administrator Rick Wolfsteller reported that liquor store sales were up $76,900 for the first six months to a total of $832,000. This is approximately a 10% increase over the same period last year. Gross profits from these sales also increased by $25,900, which is a 15% increase to a six-month total of $199,021. With regard to the bottom line operating income, the income for the first six months is also up substantially over the same period last year to $100,000, which is a $35,000 increase over last year. Wolfsteller went on to review the pay structure for part-time employees at the liquor store. He noted that the step system was set up to allow a part- time liquor store clerk to receive a step increase based on the number of hours worked, each step being the equivalent of six months' employment. Since many of the part-time employees work varying hours, some as little as 5-10 hours a week, it takes a long time for an individual to be eligible for any type of raise after they are hired. With the current 1996 pay scale beginning at $5.46 per hour, the Liquor Store Manager has been having a difficult time Page 6 Council Minutes - 8/12/96 retaining good employees at this beginning pay scale. In today's market, most reliable individuals looking for part-time work can likely receive more than this per hour even working at fast food establishments. As a result, the liquor store has experienced high turnover, not only due to low beginning pay but also due to the fact that it can take a year or longer before any type of increase is received. Wolfsteller went on to recommend that the City Council adopt a higher pay at the beginning step and to change the number of hours required to receive a step increase from six months' employment to three months' employment. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO ACCEPT THE SIX-MONTH FINANCIAL REPORT AS PRESENTED AND AUTHORIZE PART-TIME CLERK BEGINNING PAY STRUCTURE TO BE INCREASED TO $5.75 AN HOUR FROM $5.46 AN HOUR AND LOWER THE NUMBER OF HOURS REQUIRED BEFORE THE SECOND STEP INCREASE TO 520 HOURS OF EMPLOYMENT OR AFTER SIX MONTHS, WHICHEVER COMES FIRST. Voting in favor: Brian Stumpf, Clint Herbst, Shirley Anderson. Opposed: Tom Perrault. It was Perrault's view that the increase in pay should be based solely on hours worked and not in any way dependent on length of employment. It was his view that linking increases to hours worked would be the fairest way to determine when an employee receives the step increase. Motion passed with Brad Fyle absent. 12. Consideration of renpmdng membership in )Mright C.Quntv Eemi Development _ A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY TOM PERRAULT TO TABLE THIS ITEM PENDING ADDITIONAL INFORMATION. Motion carried unanimously with Brad Fyle absent. 13. Consideration Qf approval of color logo and lettering plan f Qr. the old wate tow. Public Works Director John Simola informed the City Council that City staff has met with Councilmember Shirley Anderson and members of the Monticello Community Partners (MCP) Design Committee on two occasions to work out the color selection and placement of the logo. The group determined that in addition to the logo, the name "Monticello" should also be included in a wrapping text between the logos and that the water tower should be painted a two-tone blue, dark blue for the railings, legs, and ladder, and light blue for the standpipe and tank. Page 7 Council Minutes - 8/12/96 AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO AWARD THE PAINTING CONTRACT TO PITTSBURG TANK AND TOWER OF HENDERSON, KENTUCKY, AT A COST OF $22,075, AND TO APPROVE THE COLOR SELECTION, LOGO PLACEMENT, AND LETTERING AS RECOMMENDED BY THE DESIGN COMMITTEE AT AN ADDITIONAL ESTIMATED COST OF $5,900, AND LIMIT THE COST OF THE ADDITION OF THE WORD MONTICELLO TO $1,500. Voting in favor: Brian Stumpf, Clint Herbst, Shirley Anderson. Opposed: Tom Perrault. Perrault indicated that he was opposed because the water tower as a landmark is not significant enough to justify the expenditure. He was concerned that investing in the logo/painting today would result in pressure to maintain the structure beyond its useful life. Motion passed with Brad Fyle absent. Public Works Director John Simola requested that the City Council consider authorizing a change to the city mowing practices, which would eliminate mowing of certain private areas and other areas within the city boulevard. Simola noted that there are a few areas around the community where we have been mowing the boulevards adjoining private property. These have been mowed as a matter of practice, not policy, and have most likely been done to improve the appearance of properties continually neglected by property owners. Simola noted that with the work load ever increasing for mowing services and questions as to why we only mow these boulevards, it appears it is time to re-evaluate whether we should be mowing these selected areas at all. Perhaps we should have never started mowing them in the first place. Simola went on to list the boulevard locations that are currently being mowed. Clint Herbst noted that we should not be mowing some boulevard areas and not others. It is better that we're consistent with regard to our mowing practices. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO DISCONTINUE MOWING OF THE BOULEVARDS LISTED AFTER A 30 -DAY NOTICE TO THE PROPERTY OWNERS. Motion carried unanimously with Brad Fyle absent. 15. Consideration to approve moditdna the, guidelines of the Greater Monticello Economic Development Director 011ie Koropchak noted that the Economic Development Authority requested that City Council review the proposed Guideline changes for approval. Under the sections of the GMEF Guidelines pertaining to the loan fee, it was recommended that the loan fee be paid by Page 8 Council Minutes - 8/12/96 the applicant to the EDA within 5 working days after City Council approval of the GMEF loan. The purpose of this amendment is to encourage applicant commitment and timely commencement of the project. Under the second amendment, the Guidelines would be changed to say that the 180 -day nonperformance date can be extended up to an additional 120 days. In order to obtain the extension, a written request must be received 30 days prior to expiration of the 180 -day nonperformance date and is subject to approval of the EDA membership by a majority vote. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY TOM PERRAULT TO APPROVE MODIFYING THE GMEF GUIDELINE PROVISIONS AS RECOMMENDED BY THE ECONOMIC DEVELOPMENT AUTHORITY. Motion carried unanimously with Brad Fyle absent. 16. Consideration of setting a date for a workshop to review the 1997 preliminary budget. After discussion, it was the consensus of Council to set the date of September 9, 1996, at 6 p.m., for the purpose of reviewing the 1997 preliminary budget and for the purpose of establishing the maximum levy that the City would propose for budget year 1997. 17. Other matters. 3A. Consideration of an offer to purchase Lots 1 and 20 Block 1., Oakwood Industrial Park 2nd Addition - -Tool. City Administrator Rick Wolfsteller reported that Eric Bondhus of Lake Tool made an offer to purchase Lots 1 and 2, Block 1, Oakwood Industrial Park 2nd Addition, from the City of Monticello. Wolfsteller went on to note that Lake Tool is a small tool and die company currently located in a rental facility between Simonson Lumber and H - Window. The two lots had been previously held for possible purchase by the H -Window Company. Wolfsteller reminded Council that H - Window decided not to continue with its option agreement. As a result, the lots are again available for sale. Bondhus made an offer of $21,000 per acre for the two lots, which consists of 2.6 acres, which amounts to a total purchase price of $54,600. Page 9 Council Minutes - 8/12/96 Wolfsteller went on to note that Lake Tool is proposing to construct a masonry or block building of approximately 8,000 sq ft for the first phase. While the building is not extremely large, they hope to expand as they grow and would like to acquire both lots to enable them to expand in the future. Finally, Wolfsteller noted that when Lake Tool had inquired about the availability of these lots, Wolfsteller made an attempt to see if H - Window had a change of heart and might still want to purchase the lots from the City. Wolfsteller noted that he did not receive any response from his letter; therefore, he assumes that H -Window is not interested in acquiring the lots in the future. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY TOM PERRAULT TO MAKE A COUNTEROFFER OF $23,995 PER ACRE FOR THE TWO PROPERTIES, WHICH EQUALS A TOTAL OF $62,388 FOR THE TWO LOTS COMBINED, IF LAKE TOOL INTENDS TO REQUEST TAX INCREMENT ASSISTANCE FROM THE HRA. IF TAX INCREMENT ASSISTANCE IS NOT REQUESTED, THE PER -ACRE PRICE WOULD BE REDUCED TO $22,000. Motion carried unanimously. There being no further discussion, the meeting was adjourned. Jeff O' eill Assistant Administrator Page 10