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City Council Minutes 12-12-2011MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, December 12, 2011— 7 p.m. Mississippi Room, Monticello Community Center Present: Clint Herbst, Lloyd Hilgart, Tom Perrault, Brian Stumpf Absent: Glen Posusta 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 recited. 2A. Approval of Minutes — November 28, 2011 Special Meeting LLOYD HILGART MOVED TO ACCEPT THE MINUTES FROM THE NOVEMBER 28TH SPECIAL MEETING AS PRESENTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 4 -0. 2B. Approval of Minutes — November 28, 2011 Special Budget Workshop TOM PERRAULT MOVED TO ACCEPT THE MINUTES FROM THE NOVEMBER 28TH SPECIAL BUDGET WORKSHOP AS CORRECTED. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 4 -0. 2C. Approval of Minutes — November 28, 2011 Regular Meeting LLOYD HILGART MOVED TO ACCEPT THE MINUTES OF THE NOVEMBER 28TH REGULAR MEETING AS CORRECTED. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 4 -0. 3. Consideration of adding items to the agenda • MCC parking concern (Clint Herbst) • Buy Local initiative (Jeff O'Neill) 4. Citizen comments, public service announcements, and staff updates a. Citizen Comments: none b. Public Service Announcements: 1) Christmas tree pick -up — Bob Paschke reminded about the tree pickup from January 9 -13; trees should be placed curbside by 7 a.m. on Monday and will be picked up during that week. Trees should not be bagged and be free of stands, ornaments, wires, lights, etc. If you miss tree pickup, you can drop your tree off at the Public Works facility on Golf Course Road. Bob Paschke also mentioned the 4°i Street Park skating rink hours City Council Minutes — December 12, 2011 Page 1 that will be in place once ice is made: Tuesday and Thursday - 5 to 9 p.m. and Saturday, Sunday and school breaks —1 to 9 p.m. 2) MCC events — Kitty Baltos talked about some of the upcoming activities at MCC. Sunday, 12/1 is Skate with Santa at Moose Shetritt Arena from noon to 2 p.m. She updated the public with hours for Christmas and New Year's holidays at MCC. Kitty Baltos also noted that MCC is offering a new program where member can add unlimited fitness classes to membership fees for an additional $10 per month. 3) FEMA Flood Risk Open Houses (12/14) — Bruce Westby talked about two open houses to be held on December 14th at the Wright County Courthouse. There is a workshop from 2 -4 p.m. for elected officials and city staff to learn more about FEMA flood plain mapping updates and flood risk info. From 5 -7 p.m. the public has been invited to an open house to ask questions and get information about flood risks and flood insurance. City staff will be attending both open houses. 4) Jeff O'Neill talked about a new "buy local" initiative to provide an incentive for businesses that have signed up with FiberNet. Certain businesses will be chosen and featured for a "cash mob" shopping period. The public and FiberNet customers will be invited to shop at that business when they are featured. This is an effort in support of keeping our dollars in the local economy. The first featured business is AST Sports at 4:30 p.m. on Friday, December 16th. C. Staff Updates: none 5. Consent Agenda: A. Consideration of approving payment of bills for December 12th. Recommendation: Approve payment of bill registers for December 12th in the amount of $688,564.99. B. Consideration of approving new hires and departures for City departments. Recommendation: Ratify new hires and terminations for Streets, MCC, and Liquor Store. C. Consideration of adopting Resolution #2011 -110 approving contribution from Tom Perrault for the General Fund. Recommendation: Adopt Resolution #2011 -110 approving donation of $250 from Tom Perrault. D. Consideration of adopting Resolution #2011 -111 accepting contributions from Xcel Energy, Wright Hennepin Electric, Wes Olson Electric, and Kaltec for equipment, supplies and installation for Swan Park observation camera system. Recommendation: Adopt Resolution #2011 -111 approving donations of $2000 from Xcel Energy and donation of equipment and services from Wright Hennepin City Council Minutes— December 12, 2011 Page 2 Electric (value $300), Wes Olson Electric (value $640), and Kaltec Technology (value $1307 per year). E. Consideration of approving an application for temporary on -sale liquor license for the Monticello Lions Club for Frostbite Challenge on January 7, 2012. Recommendation: Approve temporary on -sale liquor license application for Monticello Lions for Frostbite Challenge on January 7, 2012. (Note: location moving from 4 "' Street Park to 3700 Chelsea Road West which was approved by the State AGED) F. Consideration of adopting Ordinance #53 8 amending Title 7, Chapter 2 revising the Sewer Access Connection (SAC) criteria for City water and sewer services. Recommendation: Adopt Ordinance #538 amending Title 7, Chapter 2 with revisions to the Sewer Access Connection (SAC) criteria as shown. Section 1. The following provisions of Title 7, Chapter 2, Section 1(D) of the Monticello City Code shall be amended to read as follows: 7 -2 -1 (D): APPLICATIONS, PERMITS, AND FEES: (D) Where application is made for connection of any single family residence to the sanitary sewer system, a connection fee adopted by the City Council for treatment plant plus trunk sanitary sewer shall be paid to the Clerk. Charges for public, commercial, and institutional facilities shall be the multiplication of the current unit charge established by Council times the parameter times the unit equivalent. Any fraction of a parameter shall be rounded to the nearest whole parameter. For various commercial, public, and institutional facilities, refer to the most recent version of the Metropolitan Council Environmental Services (MCES) SAC criteria. Use the plumbing code for those items not included in the MCES criteria. The City uses the MCES criteria as the basis for calculating our SAC rates but the City reserves the right to vary from the MCES criteria to accommodate those uses which are deemed to be unique. For various commercial, public, and institutional facilities not listed in the chart in ection 7 ' 1 (D) MCES SAC criteria, the parameter for determining the sewer connection fee shall be calculated as follows: One (1) unit charge for each 274 gallons of maximum flow per day. Before proceeding with the construction, enlargement, alteration, or repair of any water or sewer lines connecting the water system, sanitary sewer system, or storm sewer system and any house or building, the owner or his agent shall first obtain a permit for such purpose from the City through its Cleric. The City Council Minutes — December 12, 2011 Page 3 applicant shall pay to the Cleric a fee of Seven Dollars and Fifty Cents ($7.50) for each permit. The plumbing inspector shall examine all applications before construction is begun; and after the construction, enlargement, alteration, or repair is complete, the plumbing inspector shall be notified. It shall be unlawful to cover any connecting line until an inspection has been made and such connection and the work incident thereto has been approved by the City as a proper and suitable connection. Section 2. The section within Title 7, Chapter 2, Section I (D) labeled "SAC CRITERIA, " and listing each individual Facility and Parameter, shall be deleted in its entirety. G. Consideration of approving an Amendment to Conditional Use Permit for Planned Unit Development as related to residential design standards for R -lA (Single - Family) District lots in Hillside Farms; Applicant: Keyland Homes. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. H. Consideration of adopting Ordinance #539 amending the Monticello Zoning Ordinance as related to Permitted and Conditional Uses in the B -3 (Highway Business) District; Applicant: City of Monticello. Recommendation: Adopt Ordinance #539 amending the Monticello Zoning Ordinance as related to Permitted and Conditional Uses in the B -3 (Highway Business) District as shown. Section 1. Section 3.5(E) — B -3 (Highway Business), Title 10 - Zoning Ordinance Zoning Ordinance is hereby amended as follows: Delete the purpose statement and replace with the following: "The purpose of the B -3 (highway business) district is to provide for limited commercial and service activities and provide for and limit the establishment of motor vehicle oriented or dependent commercial and service activities. " Section 2. Table 5.1 — Uses by District, Title 10 — Zoning Ordinance is hereby amended as follows: Table 5 -1 shall be amended with the following additions for the B -3 zone: Permitted: under "Commercial Uses" • Business Support Services (such as copy services, parcel services) • Personal Services (such as salons and nail spas) • Restaurants • Retail Commercial • Specialty Eating Establishments (delis, coffee shops) Conditional: under "Offce Uses" • Offices Conditional: under "Commercial Uses" City Council Minutes— December 12, 2011 Page 4 Financial Institutions Entertainment /Recreation Outdoor Commercial (such as go -hart tracks, mini -goo I. Consideration of adopting Resolution #2011 -112 accepting Improvements and authorizing Final Payment to Redstone Construction for the 2010 Street Reconstruction Improvements, City Project No. l 00001. Recommendation: Adopt Resolution #2011 -112 accepting improvements and authorizing final payment to Redstone Construction in the amount of $44,661.14 for the 2010 Street Reconstruction Improvements, City Project No. 1 00001 contingent upon receiving the final paperwork. Consideration of approving FiberNet's purchase of equipment necessary to meet compliance with the FCC's CLI Leakage yearly testing. Recommendation: Approve purchase by FiberNet in the amount of $2632.68 for equipment necessary to meet compliance with FCC regulations. K. Consideration of adopting Resolution #2011 -113 to commit fund balances for 2011 in accordance with GASB 54. Recommendation: Adopt Resolution #2011 -113 to commit fund balances as shown. Fund __ — _ CommltYed;For - = /�mountnra/ -= — _ General Fund Working Capital 45% of Budgeted Expenditures General Fund Contingencies 5% of Budgeted Expenditures Street Reconstruction Fund Future Edmundson $187,990.61 Street Reconstruction Fund Future Elk Street $10,300.00 Street Reconstruction Fund Future 85th $135,636.50 Street Reconstruction Fund 7th Street Extension $600,000.00 Street Reconstruction Fund Future Forming Avenue $202,077.55 Street Reconstruction Fund Fallon Avenue $72,015.00 Street Reconstruction Fund Future Haug & 95th $122,500.00 Street Reconstruction Fund Highway 25 & 7th Street $75,000.00 Capital Revolving Fund Communications Improvements $48,516.79 L. Consideration of approving hours of operation for City offices for 2012. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS G AND L. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 4 -0. 6. Consideration of items removed from the consent agenda for discussion City Council Minutes — December 12, 2011 Page 5 5G. Consideration of approving an Amendment to Conditional Use Permit for Planned Unit Development as related to residential design standards for R -1A (Single - Family) District lots in Hillside Farms; Applicant: Keyland Homes Tom Perrault asked Angela Schumann to review this item as he wanted to make sure what was being requested. Angela Schumann explained that this amendment affects just one design standard within the Planned Unit Development for Hillside Farms to allow a revision to the standard for the garage door opening to be no more than 50% of the building width. The current standard called for a garage door opening of no more than 40% of the building width. The residents that attended the Planning Commission meeting were in agreement with the proposed design change. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT AS RELATED TO RESIDENTIAL DESIGN STANDARDS FOR R- DA (SINGLE- FAMILY) DISTRICT FOR HILLSIDE FARMS, SUBJECT TO THE FOLLOWING CONDITIONS. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 4 -0. a. Approval is limited to the four lots le fally described as Lots 5, 6, and 10, Block 2 and Lot 5, Block 1, Hillside Farm 2" Addition. b. The applicant is required to meet and /or exceed all other code and PUD design standards. c. Approval of the PUD amendment is limited to: i. Garage frontage: From side building line to side building line of any single family structure, no more than 50% ofsuch building width shall consist of garage doors that face the street. Side or rear loaded garage doors are not subject to this regulation. An exception shall be made for garage doors which face the street, but are set back at least ten feet in back of the front building line of the principal use. 5L. Consideration of approving hours of operation for City offices for 2012 Clint Herbst questioned the hours being proposed for FiberNet business office to be closed. He wondered why they would not want to be open on days when businesses are normally open. Ben Ranft explained that they have been tracking the traffic in the office on holidays and there was very little activity on many of those holidays. Clint Herbst suggested that the FiberNet Advisory Board look at these hours and weigh in on the suggested holidays. Clint Herbst also thought it might be worth considering opening the DMV office on Memorial Day and Labor Day. Tom Kelly noted that the DMV Manager ran numbers on those days and they did not make money on those holidays this past year. He also noted that was only for one year and it might make sense to try to get the word out that they are open for business those days. Lloyd Hilgart asked if DMV would be impacted by the State being closed those days. Tom Kelly pointed out that usually only affects a small number of transactions. Lloyd Hilgart asked how it works when the day off would City Council Minutes — December 12, 2011 Page 6 normally be a holiday but the employees in one of the offices have to work. Tom Kelly explained that they usually try to staff with part-time (non benefit eligible) workers rather than the full -time employees. CLINT HERBST MOVED TO TABLE THIS ITEM UNTIL JANUARY AND COME UP WITH A RECOMMENDATION AFTER WORKING THROUGH THE QUESTIONS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 4 -0. 7. Public Hearing — Consideration of adopting Resolution #2011 -114 approving final tax levy and budget for 2012 and consideration of adopting the 5 -year Capital Improvement Plan for 2012 -2016 Tom Kelly started out by explaining that the Council has to adopt the tax levy by the end of December. Tom Kelly provided a presentation to review the budget highlights, discuss the Market Value Exclusion program (MVE) passed by the state legislature, and present the proposed tax levy information. Tom Kelly discussed the budget calendar and noted that the preliminary levy was adopted on September 12th. For budget highlights, he noted a total proposed expenditure budget of $43,276,745 which includes debt service of $6,693,202 and capital expenditures of $4,794,719. The expenditure budget proposed is a .66% increase over 2011 and maintains services at current levels. The total revenues are budgeted at $36,907,203. Tom Kelly explained some of the items included in the General fund such as COLA and step increases, benefit costs, 2012 elections, and use of electric franchise fees for street lighting operations. The proposed general fund levy is $5,456,248. For the MCC budget, Tom Kelly explained that this includes $1,621,000 in natatorium improvements. MCC tax levy is proposed at $1,150,000. Other budgets include Capital Project fund of $8,794,719 which includes transfers to the Debt Service funds. The City does adopt a 5 -year Capital Improvement Plan (CIP) which is a listing of potential projects that could be undertaken by the City upon approval of Council. In 2012, this would include proposals for first year cost of the Fallon Avenue overpass, some improvements to East 7th /Hwy 25 intersection, street light improvements, and overlay of some rural streets. Debt Service levy is proposed at $1,218,752. There is a total outstanding debt of $60,011,000 as of the end of December. Tom Kelly talked briefly about the FiberNet budget noting that the budgeted expenditures includes $1,768,337 in debt service payments, which would leave expenditures in excess of revenues. Tom Kelly discussed the State legislative change beginning for taxes payable in 2012. They are replacing the MVHC program with MVE program. The homestead credit program was supposed to provide funding for local govermnent aids, but was only funded in 2 of the years that it was in effect. The new MVE program actually excludes a portion of the value on residential homesteaded properties from taxation resulting in probable lower taxes for residential homestead properties. This program was effective in balancing the state budget, but shifts the property tax burden to other property classes such as non- residential and commercial and results in the state providing no funding for local governments. Tom Kelly gave an example of how the new law would affect a home valued at $200,000. City Council Minutes — December 12, 2011 Page 7 Tom Kelly presented tax levy information proposed for 2012 at a total of $7,850,000. The current city tax capacity is $15,708,796 which is a decrease of over $700,000 in 2011. Part of the decrease in tax capacity comes from the new MVE law. This would result in a tax rate of 49.972% for 2012. Tom Kelly showed several graphs demonstrating property tax levies and tax capacity since 1998 and the resulting tax rates over the past years. Torn Kelly included some comparative graphs showing affect of city taxes on residential property and on commercial property. At the proposed tax levy, taxes would increase on commercial properties by a little over 6 %. This rate would be the smallest increase in all of Wright County. Tom Kelly compared the cost of the tax increase to various other costs such as cell phone, gas, telecommunications, and a video game. The total city services received for your tax money comes to $75.25 per month on a home valued at $200,000. In conclusion, the total budget for all funds comes to $43,276,745 with a total levy of $7,850,000. The biggest tax impact comes from the new MVE program. Lloyd Hilgart said he had received a phone call from a citizen asking why taxes went up and their value went down. Tom Kelly explained that the new MVE program would most likely have decreased their value and increased their taxes; this would have occurred in spite of a slight increase in the tax levy. Mayor Herbst opened the public hearing. As there were no comments, the public hearing was closed. Brian Stumpf commented that the Council held several budget workshops and spent quite a bit of time deliberating over the budget and tax levy. With some of the upcoming projects for future years, there was not a lot of room to decrease the levy. Tom Perrault commented that he is not comfortable with the proposed 2% COLA. He would like to see $25,000 transferred from DMV to help fund street projects. He also suggesting eliminating a COLA increase to save $40,000 and possibly cutting some programs such as tree sales, holiday events, and other community events to save another $10,000. He would like to seethe levy decreased about $100,000. Brian Stumpf stated that he feels the community events are important for the City to provide for the citizens. Clint Herbst asked Tom Perrault if those amounts would add up to $100,000, and Tom Perrault responded that it adds up to about $75,000. Brian Stumpf said he did not agree with using DMV surplus to balance the budget, as that would be a one -time fix. He would rather see that money go toward building tip the city's reserves. Lloyd Hilgart agreed with Brian Stumpf that he feels it is important to continue the promotional events for the citizens. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2011 -114 APPROVING THE 2012 EXPENDITURE BUDGET AT $43,276,745 AND THE PROPERTY TAX LEVY AT $7,850,000; AND TO ADOPT THE 2012 -2016 CAPITAL IMPROVEMENT PLAN. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 3 -1 WITH TOM PERRAULT VOTING IN OPPOSITION. City Council Minutes — December 12, 2011 Page 8 8. Public Hearing - Consideration of adopting Ordinance #540 amending the City Fee Schedule for 2012 and consideration of adopting Ordinance #540A for summary publication of the 2012 Fee Schedule Tom Kelly noted that the City adopts the updated Fee Schedule each year. Staff reviews the fee schedule and makes recommendations to Council for changes. There are not many changes to fees; most changes are to clarify certain items. Tom Kelly noted that water and sewer rates will be brought to Council for approval at a later date. Tom Kelly also mentioned the proposed change for the delinquent certification processing fee which would be increased to $75 per parcel but would only be done once a year in the fall. All changes are noted in red on the fee schedule. Mayor opened the public hearing. As there were no comments, the public hearing was closed. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 ADOPTING ORDINANCE #540 SETTING THE 2012 FEE SCHEDULE AS SUBMITTED AND ADOPTING SUMMARY ORDINANCE #540A FOR PUBLICATION. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 4 -0. 9. Consideration of adopting Resolution #2011 -115 approving plans and specifications and authorizing advertisement for bids for MCC Natatorium Improvements. City Proiect No. 11CO06 Kitty Baltos introduced Joel Dunning from Wold Architects who will be presenting the plans and specifications to Council. Joel Dunning provided a presentation of the report summarizing the results of the plans and specifications document that will be used to go out for bids. The schedule starts with Council approval of plans and specs, bid opening and award of contract in January, small work projects starting in April or May, the larger portion of the projects following in July and August, fitness expansion in September and October, and substantial completion in October or November. The scope of construction was provided in summary format. The final page of the report showed a projected total of $1,331,528 which includes a 5% contingency. Joel Dunning noted that he anticipates the project should come in on schedule and on budget. Clint Herbst stated that the MCC Advisory Board had some concerns about the scheduling of operations around the construction. Joel Dunning noted that they specified these items in the plans and specs and all bidders would have to address those items. Wold Architects would be instrumental in facilitating the bid process and would also help with any rebates or incentives that could be realized with this project. LLOYD HILGART MOVED FOR ALTERNATIVE #1 ADOPTING RESOLUTION #2011 -115 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE MCC NATATORIUM IMPROVEMENTS, CITY PROJECT NO. 11C006. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 4 -0. City Council Minutes— December 12, 2011 Page 9 10. Consideration of adopting revised Cell Phone Policy for the City of Monticello Jeff O'Neill explained that the proposed Cell Phone Policy update was a collaborative effort on the part of city staff. The objective was to come up with a policy that would allow staff to be responsive and utilize communication tools in an efficient manner. Jeff O'Neill noted that every department was looked at and employees identified as to their level of needs for a cell phone and type of plan. Two options are being proposed: use of a city -owned cell phone or a stipend amount equal to the amount that the city would pay for a cell phone service plan. Jeff O'Neill noted that the proposed cell phone policy also addresses phone use criteria, expectations, and data plan usage terms. Jeff O'Neill thanked the Personnel Committee for their input and time to address concerns. Jeff O'Neill also noted that this budget has been reviewed by Tom Kelly and found to be within the proposed 2012 budget guidelines. Some concerns of Council were use of data plans and texting, cell phones assigned to desk staff, and city providing phones rather than paying a stipend. Tracy Ergen talked briefly about some of the reasons for offering a stipend versus better control over employee phone use with a city -owned phone. Brian Stumpf asked what other cities do in regard to cell phones. Tracy Ergen stated that a number of them offer stipends to those employees that need use of cell phones and the amounts are similar to what Monticello is recommending. Tom Moores talked about his position and need to have cell phone contact all hours of the day. He cannot get Sprint service at his home but Verizon works there and in town. Tom Moores prefers not to use his own phone due to the demands of the job. Clint Herbst remarked that if the position requires the use of a cell phone, the employees should be willing to use their own phone. CLINT HERBST MOVED TO ADOPT THE CELL PHONE POLICY AND OFFER A STIPEND ONLY OPTION OF $30 OR $50 (WITH DATA). LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 3 -1 WITH TOM PERRAULT VOTING IN OPPOSITION. Tom Perrault noted that he preferred to have this item tabled and suggested being more respectful of city employees during discussion. 11. Consideration of approving recommendations related to Concept Stage Planned Unit Development for Lot 2, Block 1 and Lot 2, Block 2, Carcone Addition (1005 State Hwy 25); Applicant: Weinhold Investments, LLC Steve Grittman of NAC presented this item explaining that the developer, Weinhold Investments, have presented a request for a Concept Stage Planned Unit Development. They are seeking Council approval so they can move forward to the next stage of the planning process. The proposal involves the former Ford sales building and lot to the south. The sales building would be remodeled into commercial units. A restaurant and 2 -story office building are proposed for the former sales lot. They are requesting somewhat more flexible land use, including both B -3 and B -4 district uses, in addition to City Council Minutes — December 12, 2011 Page 10 shared parking and off -site parking. The Planning Commission approved the request with a 3 -1 vote. The negative vote was related to the proposed parking use to the west of Sandberg Road. Under the proposed uses of the property, the peak uses would probably complement each other with the office using parking during the day and a restaurant using parking during the evening. Brian Stumpf asked about the landscaping requirements as he has been hearing that the City is requiring extensive landscaping. Clint Herbst asked if the developer was present. Calvin Freudenrich was asked to come to the microphone to address some of the issues that appeared in the Monticello Times. Mr. Freudenrich apologized publicly for the article and explained that some of the information he provided was misconstrued. Clint Herbst quoted some of the words from the Monticello Times article regarding working with staff and asked Mr. Freudenrich to comment. Mr. Freudenrich stated that in the past he had problems dealing with the City ( "inside corruption ") but that is in the past. Currently, he has not had a problem dealing with city staff. Clint Herbst summarized some of the discussion that took place at a joint meeting with Council and Planning Commission workshop which seemed really positive. Clint Herbst stated that he could not understand why Mr. Freudenrich would have agreed to an article that made the City look so negative in light of the discussion at the meeting prior to the article appearing. Brian Stumpf commented that he would like Mr. Freudenrich to address the insinuation about inside corruption. If there has been an issue in the past, it would be important for Council to address this. Mr. Freudenrich admitted that he had not personally experienced any corruption but claimed he had heard this mentioned in the past. Clint Herbst pointed out that he has an issue dealing with Mr. Freudenrich as he does not know what to believe. He did not feel it was proper for Mr. Freudenrich to make an insinuation about corruption if he had not personally experienced it and was passing it on simply as hearsay. Clint Herbst feels there are a lot of things to work through before this project can move forward. Eric Munt of Pointmark Construction (2560 Byrd Avenue, Golden Valley) stated that he was at the collaborative meeting held with Council and Planning Commission. He felt it was a very productive meeting and was impressed with the City's method of handling planning issues. He has been working on several other city projects including NAPA and has found the City extremely easy to deal with. Lloyd Hilgart believes that the main issue with moving forward is that the property is not owned by the developers at this time. Steve Grittman commented that they have worked with developers in the past that have not completed purchase of property. Brian Stumpf asked if there was an escrow deposit; Steve thought there had been a deposit but wasn't sure of the current status. Angela Schumann noted that an escrow agreement is in place; however there are some fees in process that will need to be paid. Steve Grittman did note that Council should keep in mind that there is a 60 -day statutory requirement for action on the land use request. CLINT HERBST MOVED FOR ALTERNATIVE #1 APPROVING THE CONCEPT STAGE PUD AND AUTHORIZING APPLICANT TO MOVE FORWARD TO City Council Minutes — December 12, 2011 Page 11 DEVELOPMENT STAGE PUD, WITH THE FOLLOWING RECOMMENDATIONS. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 4 -0. a. Develop a clear boundary between the proposed PUD and the property to the north (West Metro). b. Address circulation on the west side of the existing building to channelize drive lanes and potentially, reduce paved surface cover. c. Remove parallel parking along the west side of the existing building, replacing it with better drive lane channeling. Angle parking may be appropriate if adequate space exists. d. Revise the parking layout between the existing building and the restaurant to permit more direct access from the restaurant to the Sandberg Road access point and minimize dead -end parking stall access. e. Consider landscape elements that enhance the site visually and minimize stormwater runoff where possible, with the understanding that tree planting can be designed to avoid interrupting views of the buildings in the PUD. f. Landscaping, Lighting, Signage, and Utility details would all be apart of the more extensive Preliminary Development PUD application. g. Building Design and Materials appear to meet the expectations of the Public Values Statement and collaborative process. Additional detail, including details of trash handling and other incidental asses, and elevation illustrations for the exterior of the existing building, will be required to be provided in the Preliminary Development PUD submission. Tom Perrault commented that he felt some of the drawings were a little plain and should be addressed further in the next phase. Lloyd Hilgart does not have a problem with the project but felt that Weinhold Investments should rethink who they send to the meetings. 12. Consideration of approving an Amendment to Conditional Use Permit for Planned Unit Development as related to residential design standards for R -1 (Single - Family) District lots, Applicant: McCann, Steve /Sunset Ponds, LLC Angela Schumann summarized this request for amending the Conditional Use Permit on 5 lots in Sunset Ponds zoned as R -1. She showed several slides of the current zoning and described the PUD for Sunset Ponds which was approved in 2003. The request is asking for a modification to the finished square footage requirement of 1050 sq feet above grade and 2000 sq feet in finishable interior floor area. The applicant is proposing that the City approve three specific floor plan designs where the proposed finished space would be approx 1328 sq feet and the finishable space would be approx 1721 sq feet, all above grade. The Planning Commission reviewed the request and recommended approval by a 3 -1 vote. The dissenting vote was based on a desire for the developer to comply with the existing standards. Brian Stumpf asked how many vacant lots were remaining in Sunset Ponds. Angela explained that the developer making this request has purchased most of the vacant lots City Council Minutes — December 12, 2011 Page 12 but is only proposing this change for three home designs on these 5 lots. Brian feels that the proposed design could be modified to address some of the concerns. However, he felt there might be a need for Planning Commission to look further if these smaller design standards could be used by other developers, if that would be the wish of Council. Clint Herbst commented that the issue that they run into is that the builder goes to those standards when they build. Clint commented that he was surprised to find that a number of the houses were built to 1000 sq feet larger than the design standards. Kip Sandberg, 9354 Giffort Court, shared his comments on the proposal. He has over 3000 sq feet of finished space in his house. Several of the nearby homeowners have been forced to move due to foreclosure. He said it would be nice to have houses built on the empty lots but he is concerned about the style of house that would be built. All of the houses are two -story and the proposed design would allow a split level. Fred Lerberg, 9306 Giffort Court, has lived in his house for about 6 years, which now has 3400 sq feet of finished space. He does not want to see this design allowed as that would allow a house half the size of his home. He is greatly concerned about the impact on his house value. He pointed out that the townhomes in another section of Sunset Ponds are a total of 1421 sq feet which is only slightly smaller than the total finishable square feet in the proposed design. He feels that the 2000 sq feet standard should be retained. Dan Moffitt, 9348 Giffort Court, commented on the current requirement and compared that to the proposed design. If houses were built with that design, they would be at least 33% smaller than the homes already existing in the neighborhood. He discussed the allocation of the square footage and how it would be divided between above grade and below grade. He encouraged Council to consider keeping the current standards. Lloyd Hilgart pointed out that the design being proposed would include both the upper and lower level as finishable space, but provide for 1328 of finished space above grade. The current standards would allow finishable space in both upper and lower levels of at least 2000 sq feet, but would need to build only 1050 sq feet of finished space above grade. Rod Dragsten, Planning Commission Chair, explained the discussion that took place at the Planning Commission meeting. They looked at the proposed design for 5 plans that the developer brought forward. The designs would not be a 2 -story model; it would be a split level. The homes proposed would have 1321 sq feet above grade. This is in excess of the current requirements which would allow 1050 sq feet finished above grade. Planning Commission members felt that the proposed designs would be more desirable with the greater amount of finished space above grade. Alan Roessler of Paxmar, developer in Sunset Ponds, commented on the current market and decreasing values of homes. All of the builders that have approached him want to build split levels and not two -story homes. He has worked with the builders in trying to come up with a product that would be attractive and would fit in with the current houses. City Council Minutes — December 12, 2011 Page 13 Tom Perrault asked about the 15% requirement for brick finish and was wondering if that has been adhered to. Angela Schumann was not sure if all of the houses met that requirement for the design standards in the past. Jeff O'Neill thought there were a couple of them that did not and they worked out a solution. Lloyd Hilgart asked if there was a chance of selling the vacant lots to the current homeowners. Several of the current owners said they had approached the owner and asked about buying. Alan Roessler stated that none of the offers met Paxmar's price. BRIAN STUMPF MOVED FOR ALTERNATIVE #3 TO TABLE THE REQUEST FOR FURTHER STUDY. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 3 -1 WITH LLOYD HILGART VOTING IN OPPOSITION. Lloyd Hilgart stated that he agreed with the decision of the Planning Commission. He feels that if the proposed designs are not approved, the builders will end up putting in a 2- bedroom home, 2 -car garage with 1050 finished sq feet and a basement. This could be less desirable than the designs proposed. Clint Herbst asked Alan Roessler to consider meeting with the homeowners to talk about the type of housing that would be acceptable and try to work out a compromise. 13. Consideration of accepting transportation studies for proposed Second River Crossing and Fallon Avenue Overpass improvements, and authorizing City staff to meet with key stakeholders Bruce Westby summarized the process of bringing this request to Council. Earlier this year, Council had authorized staff to prepare studies for the Fallon Avenue overpass and a second river crossing. City staff has been working with WSB on developing the studies for these projects. Bruce Westby introduced Chuck Rickart from WSB. Chuck Rickart gave apresentation on the study process. The study was based on a determination that there was a need to look at options for developing the Fallon Avenue overpass and a possible river crossing at a 2nd location in Monticello. Chuck Rickart first talked about the river crossing studies conducted by WSB. Previous river crossing studies have been conducted by MnDOT, which arrived at several options for regional crossings. Cumulative impact studies showed a future need for a river crossing in the Monticello area that would serve as a local crossing. WSB conducted some origin- destination studies on Hwy 25 and will use that data for further studies. A large portion of the traffic on existing Hwy 25 is local in nature and a local river crossing alternative to Hwy 25 would benefit in relieving traffic congestion on Hwy 25. DEED information and the Embracing Downtown study showed some of these same conclusions. If the City chooses not to pursue a second river crossing, it is expected that the traffic congestion on the existing Hwy 25 crossing would increase from about 35,000 vehicles per day to 45,000 vehicles by the year 2030. The Transportation Advisory Committee looked at alternative crossing sites such as near CSAH 18, at Washington Street, and near Orchard Road. City Council Minutes — December 12, 2011 Page 14 Next steps would be to: • Complete transportation analysis of alternative alignments • Meet with impacted public agencies and create a River Crossing coalition • Prepare concept level layouts of alternatives • Prepare preliminary environmental review of alternatives • Identify potential funding sources Staff is looking for Council approval to move ahead on the first 3 of those steps. Clint Herbst commented that he thinks that it is extremely important to get all entities involved in this initiative in order to actually make a 2 "a river crossing a reality. Chuck Rickart agreed that surrounding cities and agencies will need to be involved. Tom Perrault requested that Otsego and Albertville be added to the list of agencies to meet with. Clint Herbst concurred and stated that he thinks that a high speed regional -type crossing between Monticello and Albertville would be a better alternative to a local crossing. Next, Chuck Rickart talked about the background leading to studies of the Fallon Avenue overpass. Based on origin- destination studies, 70% to 80% of traffic would have origins or destinations west of the bridge. WSB developed some projections of traffic counts projected by 2030 on the Fallon Avenue overpass without a Washington Street river crossing. When they looked at traffic counts with a Washington Street river crossing, the traffic did not increase on the Fallon Avenue overpass, but it did impact a number of other streets, especially Washington Street where traffic volumes increased by about 3,000 vehicles per day. The Transportation Advisory Committee looked at a variety of options for configuration of the Fallon Avenue overpass and realignment of the road. Eight alternatives were looked at and, after looking at a number of criteria, it was narrowed down to 3 alternatives: concepts 1, 3A and 5. These concepts provide the most flexibility for traffic operations on both 7t" Street East and Fallon Avenue. Chuck Rickart briefly reviewed each of these concepts. Concept 1 maintains the original road design with Fallon Avenue overpass intersecting with Chelsea Road on the south side and 71t' St on the north side. Concept 3A utilizes 2 roundabouts on 7th Street at Fallon Avenue and at Washington Street to better move traffic. This concept could be phased if desired, completing one roundabout at a time to spread costs over tune. Concept 5 utilizes one roundabout and realigns Fallon Avenue and 7t" Street where it crosses north of Interstate 94. With Concept 5, part of Washington Street is vacated and its intersection with Fallon Avenue is moved further north. Chuck Rickart also commented on the various property impacts and costs for these alternatives. Next steps would be: • Meet with vested property owners • Joint City Council/TAC meeting to review public input and approve final concept • Submit final approved concept plan to MnDOT and FHWA • Prepare a funding plan • Prepare final design plans City Council Minutes — December 12, 2011 Page 15 • Right -of -way acquisition Staff is looking for Council approval to move ahead on the first 5 of those steps. Tom Perrault stated that he was not sure about the alternatives using roundabouts. Brian Stumpf commented that any plans utilizing state or federal funding are required to look at consideration of roundabouts to help move traffic. Clint Herbst also noted that if there were ever a river crossing at Washington Street, dedicated turn lanes could be added to aid traffic flows on Fallon Avenue and 7"' Street. Tom Perrault stated that he wasn't too sure about moving forward on studies for another river crossing when the projections are for 20 years out. He also noted that some businesses on TH 25 are concerned about losing business with another river crossing. Brian Stumpf felt that it is important to continue the studies to be prepared for future needs. BRIAN STUMPF MOVED FOR ALTERNATIVE #1 ACCEPTING THE TRANSPORTATION STUDIES FOR THE SECOND RIVER CROSSING AND FALLON AVENUE OVERPASS AND AUTHORIZE CITY STAFF AND WSB TO MEET WITH KEY STAKEHOLDERS AS RECOMMENDED FOR THE PROPOSED IMPROVEMENTS. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 4 -0. 14. Consideration of authorizing installation of surveillance equipment on a temporary basis at West Bridge Park Jeff O'Neill mentioned that staff worked quickly to put this item together based on recent concerns related to thefts and vandalism in West Bridge Park and surrounding area. Jeff O'Neill noted that the decision is up to Council on whether they feel it is necessary to provide better security at this time. Jeff O'Neill summarized some of the technology could be employed to set up a security system to provide alerts to the Sheriff's Department or allow them to monitor the cameras from a remote site such as via the computer in their squad car. Jeff O'Neill explained how the cameras could be set up in West Bridge Park in a relatively quick manner. By bringing power to several locations, they can mount cameras on posts or a building. Fiber optic has been dropped to the shelter building and could provide the source to link the cameras to the system. Brian Stumpf expressed his concern over spending this amount of money on cameras to protect some extension cords. Lloyd Hilgart asked if the cameras could be moved around town or would there need to be fiber optics available. Jeff O'Neill explained that there would need to be a source for power (EX. electric or battery) and a link to the system via fiber optic cable. Jeff O'Neill noted that West Bridge Park is a very important asset to the City and it makes sense to protect this with surveillance cameras. Brian Stumpf stated that he would like to see some documentation on how many problems there are at West Bridge Park. City Council Minutes — December 12, 2011 Page 16 BRIAN STUMPF MOVED FOR ALTERNATIVE #2 TO DENY THE PURCHASE AND INSTALLATION OF SURVEILLANCE EQUIPMENT IN WEST BRIDGE PARK AT THIS TIME. TOM PERRAULT SECONDED THE MOTION. MOTION WAS DEFEATED 2 -2 WITH CLINT HERBST AND LLOYD HILGART VOTING IN OPPOSITION. CLINT HERBST MOVED FOR ALTERNATIVE #3 TO TABLE THIS ITEM AND BRING BACK WITH MORE INFORMATION (EX. DOCUMENT PROBLEMS IN PARK, LOOK AT BUFFALO'S SYSTEM AND COSTS INCURRED, SHERIFF'S DEPARTMENT INPUT). TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 3 -1 WITH BRIAN STUMPF VOTING IN OPPOSITION. 15. Added items a) MCC parking —Clint Herbst noted that there have been instances of firefighters and their family members parking at the Fire Hall in restricted areas when it is not an emergency. He asked that the restricted areas be left for emergencies only. Clint Herbst apologized to Tom Moores for comments made during the discussion on cell phones. He commented that Tom Moores is an excellent employee and does a great job for the City as Streets Superintendent. Clint Herbst wished everyone Merry Christmas. Tom Perrault reminded people that he will be at the Salvation Anny kettles around town through Christmas and to consider donating. 16. Adiournment BRIAN STUMPF MOVED TO ADJOURN AT 10:12 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 4 -0. Recorder: Catherine M. Shuman (1 Approved: January 9, 2012 Attest: CW i, istrator City Council Minutes — December 12, 2011 Page 17