Loading...
City Council Minutes 12-10-2012MINUTES REGULAR MEETING — MONTICELLO CITY COUNCIL Monday, December 10, 2012 — 7 p.m. Mississippi Room, Monticello Community Center Present: Clint Herbst, Lloyd Hilgart, Tom Perrault, Glen Posusta, Brian Stumpf Absent: None 1. Call to Order and Pledge of Allegiance Mayor Herbst called the meeting to order at 7:00 p.m. and declared a quorum present. The Pledge of Allegiance was recited. 2A. Approval of Minutes — November 26, 2012 Special Meeting TOM PERRAULT MOVED TO ACCEPT THE NOVEMBER 26, 2012 SPECIAL MEETING MINUTES AS CORRECTED. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 2B. Approval of Minutes —November 26, 2012 Regular Meeting TOM PERRAULT MOVED TO ACCEPT THE NOVEMBER 26, 2012 REGULAR MEETING MINUTES AS PRESENTED. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 3. Consideration of adding items to the agenda • Sidewalks (Glen Posusta) • Perrault donation - add to consent agenda as 5G 4. Citizen comments, public service announcements, and updates a. Citizen Comments: None b. Public Service Announcements: 1) Lions Holiday gift baskets — Clint Herbst reported 340 baskets were made for needy families. He thanked all the volunteers who helped put them together and distribute them. 2) Clint Herbst also thanked Slumberland in Albertville for donating 15 beds for use in the community through the Monticello Lions and Quarry Church. 5. Consent Agenda: A. Consideration of approving payment of bills for December 10th. Recommendation: Approve payment of bill and purchase registers for a total amount of $797,830.88. City Council Minutes — December 10, 2012 Page 1 B. Consideration of approving new hires and departures for City departments. Recommendation: Ratify new hires for MCC. C. Consideration of approving hours of operation for City offices in 2013. Recommendation: Approve the City Business Hours schedule for 2013 D. Consideration of calling for a Special Meeting on December 20th for approval of bills. Recommendation: Call for a Special Meeting to be held December 20, 2012 at 7:30 a.m. for the purpose of approving bills. E. Consideration of adopting Ordinance #570 approving amendments to the Monticello Zoning Ordinance Chapter 5.3 - Accessory Uses to allow Indoor Storage and Office Uses as a Permitted Accessory Use in the B -4 (Regional Business), B -3 (Highway Business), B -2 (Limited Business), B -1 (Neighborhood Business), CCD (Central Community District) and IBC (Industrial & Business Campus) Districts. Applicant: City of Monticello. Recommendation: Adopt Ordinance #570 approving amendments to the Zoning Ordinance, Section 5.3 to allow office and storage as permitted accessory uses in business districts as follows, based on findings that the amendment is consistent with the City's Comprehensive land use plan. Table 5 -4: Accessory Uses by District Indoor Storage (insert after `Indoor Food /Concession Sales • Permitted in B -1, B -2, B -3, B -4, CCD, and IBC Districts • Additional requirements: 5.3(D)(12) Office (insert after Incidental Light Manufacturing) • Permitted in B -1, B -2, B -3, B -4, CCD, and IBC Districts • Additional requirements: None 5.3 (D) — Additional Svecific Standards For Certain Accessory Uses (18) Indoor Storage (a) The area used for storage shall not exceed 35% of gross floor area square footage of the principal use. (b) Storage shall be related to the products being sold or offered by the principal use. (c) If located within the CCD, storage accessory uses may be located on an adjacent or adjoining parcel within the CCD, subject to above regulations. F. Consideration of amending the 2012 -2103 snowmobile route map within the City of Monticello. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA. G. Consideration of adopting Resolution #2012 -116 approving a contribution from Tom Perrault to go to the General Fund. Recommendation: Adopt Resolution #2012 -116 approving a donation of $250 from Tom Perrault for the general fiend. City Council Minutes — December 10, 2012 Page 2 BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM F AND ADDITION OF ITEM G. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. 6. Consideration of items removed from the consent agenda for discussion 5F. Consideration of amending the 2012 -2103 snowmobile route map within the City of Monticello This item was removed by Clint Herbst to suggest that the snowmobile association should provide maps for the community so that riders are aware of the routes and for Sheriff's deputies so they can provide better enforcement. Clint Herbst noted that he has seen a number of violations with the recent snowfall. Brian Stumpf commented that he wants to make sure that local snowmobilers can get out of town easily and are educated on that. Bob Paschke commented that the map is online on the city's website and the snowmobile association's website. Bob Paschke will follow up and make sure information is distributed. CLINT HERBST MOVED TO AMEND THE 2012 -2013 SNOWMOBILE ROUTE MAP WITH TWO ADDDITIONAL SPURS IN THE CITY OF MONTICELLO. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. Public Hearing - Consideration of adopting Resolution #2012 -111 approving final Tax Levy for 2013 taxes payable Wayne Oberg noted that his presentation will cover both the tax levy and budget. He reviewed the property tax levy summary for past years and the change in levy between various city funds. Glen Posusta pointed out the proposed tax levy increase for 2013 is .6 %, which is less than 1 %. Wayne Oberg showed tax rate history and tax capacity history from 1998 to 2013 proposed. The city's current tax capacity is over $18 million. Wayne demonstrated the relationship between tax capacity values and rates. When values increased, rates were dropping due to keeping the levy flat. When values dropped, the rate increased to maintain the tax levy set for the services provided. Jeff O'Neill commented on this situation noting that the increase in values in 2002 tended to generate an increased need in services in subsequent years. The tax rate cannot be maintained at a flat level if the City is to continue to maintain the service levels and fled projects over time. Wayne also displayed the tax capacity impact without the Xcel plant improvements for 2013 taxes payable. Wayne Oberg showed a comparison of tax rates compared to other cities in Wright County, with Monticello being on the lowest end. Jeff O'Neill commented that, even with the low tax rate, Monticello generally provides more services than some of the small cities with a higher tax rate. Wayne Oberg presented a graph showing the impact of the lower city tax levy on residential properties. He then showed tax capacity rates for the various taxing authorities: city, county, school, hospital. The city's rate decreased by about 15% compared to the other taxing districts. City Council Minutes — December 10, 2012 Page 3 Wayne Oberg next reviewed the proposed budget for the City's general fund revenues and expenditures, with expenditures broken down by various categories. Wayne Oberg also discussed the Community Center budget which is partly funded by tax levies. Wayne Oberg talked about a potential capital equipment note that he is proposing to help fund capital expenditures which will be paid back by the departments that use the equipment. The process can be useful in building a capital equipment account to fiord future purchases. Wayne Oberg reviewed some potential projects which are being discussed for future years. All of these projects will need funding sources. Wayne Oberg discussed some future challenges that the City stands to face in future years. One is the MCC debt levy, which will need some help for several years out. Another challenge is the 2005A Bond fund which is being funded by some assessments that are either deferred or not being paid currently. This fund may face a shortage due to delinquent assessments. Both the Water Access and Sanitary Sewer Access funds are facing shortages in several years, both of which have been used for funding sources for debt service. Wayne Oberg pointed out the debt service levy structure from 2011 to 2022 and where the shortages will appear. In order to pay those debt service amounts, funds can come from levy or from other fiends depending on which sources are preferred by Council. Wayne Oberg also pointed out that the debt service structure does not include any future projects which are under consideration. Wayne also discussed the bonding climate in terms of interest rates noting that they are at very favorable rates right now. Clint Herbst gave credit to staff for providing good information to Council regarding the tax levy, debt service and other infonnation. Lloyd Hilgart asked if changes in tax policy from the State that may have affected some of the potential changes in taxes. Wayne Oberg stated that he was not aware of any major changes that the State has made in terms of tax policy. Jeff O'Neill commented that staff has been working on preparation of the budget with the intention of further presentation to Council to address future needs. Torn Perrault commented that most citizens are seeing a decrease in taxes due to the increase in valuation at Xcel Energy with Xcel picking up a higher percentage of the taxes. Wayne Oberg confirmed that Xcel will pick up a large share of taxes. LLOYD HILGART MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2012 -111 ESTABLISHING THE TAX LEVY FOR 2013 AT $7,900,000. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 8. Consideration of adopting Resolution #2012 -112 approving 2013 City Budget Wayne Oberg pointed out that the budget resolution has been expanded this year to include more detail: expenditures and revenues by fund; transfers for 2013, which can be amended or rescinded by Council as the year transpires; and a series of authorizing actions. Clint Herbst asked about the authorization of selling notes for capital equipment, and how items would be determined for purchase. Wayne Oberg explained that the note would have to be used for purchase of items that are designated at the time that the note is City Council Minutes — December 10, 2012 Page 4 sold. Glen Posusta feels that this is not a good practice because then staff is allowed to purchase equipment at will out of a pot of money. Jeff O'Neill and Wayne Oberg explained that the equipment items that are included in the note must be purchased, but this would not be done until Council provided input in advance of the purchase of the note. Wayne Oberg stated that Council sets the budget policy. He is proposing to advance this policy as a means of funding capital equipment needs, but it is up to Council to decide if they wish to adopt this policy. Lloyd Hilgart explained that, to his understanding, whichever line items are included in a capital equipment note would have to be purchased as part of that note. Lloyd Hilgart expressed his concern with the list that is included in Section 5g as he wasn't sure that list represents the most needed capital items. Clint Herbst also expressed a desire to hold a workshop to go through a list of capital items and determine which should be included in a capital equipment note, before deciding to proceed with this action. Glen Posusta asked Wayne Oberg to explain why the City is budgeting $49.6 million but the tax levy is only for $7.9 million. Wayne explained that the tax levy covers the general fund and several other sources of revenue in several funds; however, there are a number of funds such as Liquor and DMV that are covered by fees and other revenues not associated with the tax levy. Wayne Oberg also mentioned how an Advance Crossover bond works in order to pay off debt service, which accounts for the difference between revenues and expenditures in debt service funds. LLOYD HILGART MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2012 -112 APPROVING THE 2013 BUDGET AT $49,617,511 AND STRIKING ITEM G FROM SECTION 5, PENDING REVIEW OF CAPITAL ITEMS BY COUNCIL AND STAFF. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 4- 1 WITH TOM PERRAULT VOTING IN OPPOSITION. 9. Public Hearing - Consideration of adopting Ordinance #571 amending the City Fee Schedule for 2013 and consideration of adopting Ordinance #571A for summary publication of the 2013 Fee Schedule Wayne Oberg summarized the request to approve the 2013 Fee Schedule. He pointed out the proposed changes in water and sewer rates of 10% and noted that he had included examples of residential properties showing the impact of the proposed rate changes. Wayne Oberg also noted that staff had met with Cargill Kitchen Solutions on Friday to talk over the proposed rate changes. At this time, the city is not proposing any change to BODS or TSS rates which mainly affects Cargill. Kurt Zweifel from Cargill Kitchen Solutions talked about the discussion with staff on Friday, December 7th relating to rate changes and further changes corning down the road for the Waste Water Treatment Facility. The proposed 10% rate change for water and sewer will increase their costs about $1500 per month. He is hoping that after this year, the increases will be more modest so as not to have such a great impact on them. City Council Minutes — December 10, 2012 Page 5 Clint Herbst pointed out the state chart showing Monticello as one of the lowest rates in the state. Although a 10% rate increase does have a bigger impact on Cargill, it is still a better deal in Monticello than a lot of other places. Clint Herbst commented that the City does appreciate having Cargill in town and is trying to keep control of the costs while having the water and sewer systems paying their way. Clint Herbst opened the public hearing. As there were no comments, the Mayor closed the public hearing. Tom Perrault asked about the "Hostess fee" under the Community Center section. Kitty Baltos explained the services provided under that fee are for special events such as weddings. Glen Posusta stated that he has some issues with the increases for the community center as he feels that they should be higher than proposed. He understands that most of the rates are increased roughly 10% but the change in amounts are rather minimal. Glen Posusta feels that the users should be paying the costs of the community center, especially now that there are a number of improvements made. Kitty Baltos pointed out that there is a revenue recovery plan in place with the goal to eventually raise enough revenue to cover the majority of operations. Clint Herbst stated that the City needs to be careful in not overdoing the increases all at one time. Clint Herbst pointed out what happened at the Flea Market when they tried to increase entry fees too much at once. Clint Herbst also explained that this is a recreation center for the City similar to the parks. The public uses the city parks without paying a fee, and the Community Center should also provide some services to the public without charging. Brian Stumpf asked about the total amount of the projected revenue increase; Kitty Baltos noted that amount is $124,000 between increased revenues and some cuts in expenses. Glen Posusta stated strongly that he feels it is important to raise the rates more, as it has been over 6 years since there has been an increase in a lot of these fees. Wayne Oberg stepped in to explain the purpose of a revenue recovery plan and feels that a goal of 85% is reasonable but it will take time to get there. Under the current proposed rate increases, the MCC will be at a 77% revenue recovery rate. Wayne Oberg stated that the City would have been better off to have a policy in place years ago so they wouldn't have to be trying to catch up now. It's in the best interest of the City to put a policy in place now and get this on the right track. Jeff O'Neill commented about the role of the MCC Advisory Board and suggested that they should have input before changes are made to the proposed rates. They have been studying the market and based their proposal on what they feel the facility can manage. Brian Stumpf asked Kitty Baltos about the market status. Kitty Baltos explained that they keep their eye on the market all the time. She talked about various facilities in the area and their status compared to the community center. The Advisory Board does look at the rates every year and have now adopted a revenue recovery plan which they will adjust each year to reach the goal. Wayne Oberg commented that the Council discussion relates to good policy and he encouraged them to use this proposal as a start. Tom Perrault stated that he has received some phone calls fiom citizens that are concerned about any City Council Minutes — December 10, 2012 Page 6 increases at the community center. Lloyd Hilgart commented that he feels that 10% is a good place to start and does match the 10% proposed for other rates. Lloyd Hilgart mentioned that there were other desirable amentities added in the last few years, such as FiberNet and Bertram Chain of Lakes, and the levy has not been increased to accomodate costs associated with new items. He feels that a slight increase as proposed is adequate at this time. Tom Perrault asked about the "Liquor Administrative Fines" under Licenses /Permits sections. Cathy Shuman explained that these fines were never added to the Fee Schedule, when a corresponding resolution was passed by the Council in 2005. Glen Posusta again expressed his concern over not increasing the MCC rates higher than proposed. He would prefer to see the rates increased by 15 %. Glen Posusta said he might be willing to go less on some areas but those people that come from outside areas should pay more. Brian Stumpf suggested that maybe the Fee Schedule should be adopted without the MCC proposed rates and send it back to the Advisory Board for further discussion. Glen Posusta suggested that they could approve the Fee Schedule as proposed in its entirety and bring it back in 6 months for review of the MCC rates. Wayne Oberg explained how the $124,000 revenue figure was determined as a target for revenue recovery. He has set that target as an offset for equipment purchases which would have to be funded by another source other than the tax levy. Glen Posusta asked if the MCC had discussed rate increases in the last 6 years. Kitty Baltos explained that the Advisory Board discusses rates each year as part of the budget process although she couldn't recall a Council discussion on this topic. Glen Posusta stated that he would be willing to support the recommendation provided that Council reviews the status of the MCC about mid year. Brian Stumpf stated he wants to make sure that the MCC rates are reviewed for potential increases for the following year. GLEN POSUSTA MOVED FOR ALTERNATIVE #1 TO ADOPT ORDINANCE #571 APPROVING THE 2013 FEE SCHEDULE AS SUBMITTED, SUBJECT TO REVIEW OF MCC RATE INCREASE STATUS AT MIDYEAR, AND ADOPT SUMMARY ORDINANCE #571A FOR PUBLICATION. LLOYD HILGART SECONDED THE MOTION. MOTION CARRIED 5 -0. 10. Consideration of adopting Ordinance #568 amending the Monticello Zoning Ordinance, Chapter 4.5 — Signs, for regulations pertaining to temporary signs and Consideration of adopting Ordinance #568A for publication. Applicant: City of Monticello Angela Schumann provided a presentation regarding the history of temporary signage relating to adoption of an Interim Temporary Sign Ordinance in February 2011. Angela Schumann compared the differences between the existing ordinance and the interim ordinance. Council is being asked to consider repealing the existing interim ordinance and replacing it with an amended temporary sign ordinance. Proposed amendments to the existing ordinance include: allow 1 temporary sign per business rather than per City Council Minutes — December 10, 2012 Page 7 building; increase number of days from 40 to 150; and increase the allowable sign size from 32 sq. ft. to 40 sq. ft. to match the standard size of portable signs. All types of temporary signs are proposed to be regulated similarly, which would make it easier to enforce the ordinance. Temporary signs would not be allowed in public rights -of -way. Signs for properties for sale or lease, sandwich boards, grand openings, and window signs are addressed in the existing ordinance language and would remain unaffected. Angela Schumann talked about temporary signage allowances for single users versus multi - tenant users. The Planning Commission recommended approval by a 4 -1 vote and the Chamber of Commerce provided a letter of support for the proposed amendments. Clint Herbst asked if any businesses had left a temporary sign in place for an entire year. Ron Hackenmueller stated that he noticed just a handful of businesses that retained a temporary sign for an entire year. Ron commented that those tended to be restaurants, which often use a portable sign as their advertising medium for different events they host. Clint Herbst feels that is a drawback to the temporary sign ordinance and should be regulated. GLEN POSUSTA MOVED FOR ALTERNATIVE #2 DENYING ADOPTION OF ORDINANCE #568 AT THIS TIME AND EXTENDING INTERIM ORDINANCE #555 TO DECEMBER 31, 2014. CLINT HERBST SECONDED THE MOTION. (No vote was taken.) Angela Schumarm recommended that, if Council preferred to keep the current interim ordinance, they make one change to the Interim Ordinance #555 which would treat all temporary signs, such as banners equally under the ordinance. Kurt Zweifel spoke in favor of the proposed amendments to the city's zoning ordinance and noted that they have worked with the Chamber on providing input for temporary signage. His concern with the interim ordinance is that it only allows 1 temporary sign for 150 days, which does not allow them to put up a sign for hiring. Glen Posusta stated that, with the interim ordinance, they should be allowed to keep the hiring sign in place. Angela Schumann pointed out that is not allowed under the interim ordinance currently. Kurt Zweifel sees the proposed changes as allowing more flexibility for businesses. Glen Posusta feels there are too many restrictions on businesses and the City should not be regulating them more. Ron Hackenmueller encouraged Council to consider approving the proposed ordinance which allows more flexibility for businesses and makes it a lot easier for city staff to track temporary signage. Angela Schumann explained that the proposed ordinance amendments essentially expand the allowances in the Interirm ordinance and create more flexibility for businesses. Jeff O'Neill emphasized that the proposed amendments are actually more favorable for businesses. City Council Minutes — December 10, 2012 Page 8 Bret Weiss provided some comments related to the proposed amendments suggesting that Council would serve the business community better by adopting the amendments and allowing them more flexibility than the Interim ordinance provides. Clint Herbst withdrew his second and Glen Posusta withdrew his original motion. GLEN POSUSTA MOVED TO APPROVE ADOPTING AN INTERIM ORDINANCE INCORPORATING THE PROPOSALS IN ORDINANCE #568 AND ESTABLISHING DAYS ALLOWED TO NOT EXCEED 365 DAYS RATHER THAN 150 DAYS AS STATED IN SECTION 4.5(I)(1). BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. 11. Consideration of: an Amendment to the Monticello Zoning Ordinance. Chanter 5 Section 3 — Accessory Uses to allow Machinery /Truck Repair & Sales, Auto Repair — Minor, Auto Repair - Major as Accessory Conditional Uses in the B -3 (Highway Business) District; a Conditional Use Permit for Vehicle Sales /Rental; a Conditional Use Permit for Accessory Machinery /Truck Repair & Sales, Accessory Auto Repair —Minnr and Arraccnry Antn Rannir - Minnr• Annanl of Plnnnina Cnmmiceinn :e to Monticello Z4 Street Parking Requirements and 4.1— Landscaping & Screening, and a preliminary and final plat for the Maas Addition. Applicant: Maas Automotive /Bedrock Motors Brian Stumpf asked Ron Maas to define what is meant by "truck repair." Mr. Maas explained that would not be their core business but it could be anything larger than a pick -up truck and up to a semi truck. Steve Grittman summarized this request from Ron Maas, representing Bedrock Motors, as a redevelopment of the property previously occupied by D &D Bus and the Denny Hecker Bargain Lot, which would utilize the current buildings for auto repair and sales and accessory truck repair and sales. In addition, the applicant is requesting several variances for non - conforming uses in order to utilize the property and buildings as they are. The proposal also includes a request for preliminary and final plat to combine three parcels. Steve Grittman noted that the Planning Commission reviewed this item at their last meeting and objected to parts of the proposal resulting in recommending some denials and some approvals with conditions. Following is a list of the decisions and recommendations from Planning Commission which were forwarded to Council for review. Decision 1. Preliminary and Final Plat. The Planning Commission recommended denial of the Plat. City Council Minutes — December 10, 2012 Page 9 Decision 2. Amendments to Zoning Ordinance adding Truck Sales and Repair and Automotive Repair (Major and Minor) as accessory uses in the B -3 District by CU p. The Planning Commission recommended denial of the Amendments. Decision 3. Conditional Use Permits for Automotive Sales and Rental in the B -3 District. The Planning Commission recommended approval of the CUP, but only with the full list of conditions included in Exhibit Z (supporting data). Decision 4. Conditional Use Permits for Automotive Repair Major and Automotive Repair Minor in the B -3 District as accessory uses. Planning Commission recommended approval of the CUP, again only with the full list of conditions included in Exhibit Z (supporting data). Decision 5. Conditional Use Permit for Machinery /Truck Sales and Repair in the B -3 District as an accessory use. The Planning Commission recommended denial of this CUP. Decision 6. Variances to occupy the site "as -is ", in particular to required parking lot improvements (curbing), and required landscaping and screening. The Planning Commission, noting that any new property developer would be required to make these basic improvements to property within the commercial areas of the community, denied the variances, relying on the findings as stated in Planning Commission Resolution 42012 -107 (supporting data). Clint Herbst commented that the Council is trying to work with businesses and not make it difficult. Although the building is not shiny and new, he feels it would serve the proposed purpose. Clint Herbst feels the proposed use is less intense than the previous use as a bus garage. He would like city staff to sit down with these folks and figure out how to make it work. Clint Herbst stated that the regulations that are recommended in this item make it difficult for a business to get started. Brian Stumpf stated that he was taken aback by the suggestion that this is not an appropriate use for this property. Brian Stumpf noted that a number of years ago, the City was known as being difficult to work with. He does not want to go backwards and does not understand why the Planning Commission did not recorn end this project. Steve Grittman explained that the Planning Commission did not suggest that auto repair and sales was not an appropriate use for this area. The Planning Commission found that the proposed uses are currently not allowed in this district and they feel the use is appropriate; that is why the amendments are being proposed. Their objection was to the non - conforming uses and trying to bring the site up to standards that any other business would be expected to comply with for this type of project. Lloyd Hilgart spoke about the Planning Commission decision. He noted that rules do not allow the non - conforming uses to continue. There are other areas in the City that have legal non - conforming uses and the Council would not allow the rules to be changed under City Council Minutes — December 10, 2012 Page 10 other conditions. He feels that there are ways to make this happen and to work within the rules that are in place. Brian Stumpf asked how they should handle the six decisions that are listed in the agenda item. Steve Grittman explained that some of the uses could be approved as an accessory use as they are only allowed as a primary use in the current ordinance. Brian Stumpf also commented on the condition that they keep the doors closed when working on auto repair; he feels that is not acceptable and should not be regulated. Clint Herbst suggested that Council go through each of the conditions in Exhibit Z that were recommended by Planning Commission. The Mayor first asked Ron Maas of Bedrock Motors to speak about his project. Ron Maas spoke briefly about his expansion to Monticello and the history of his business. They have sales and service businesses located in Rogers and Inver Grove Heights; both are reconfigured businesses. They started working on the Monticello project a couple of years ago. Ron Maas commented that he felt the Planning Commission didn't quite see eye to eye on some of the items requested in his proposal. He feels that this is a great opportunity to create a successful business and will put a number of people to work. He would like to start with the existing buildings on the property and would hope to eventually build a new building. Tom Perrault commented on the potential noise levels and noted how the sound from an outdoor band at Chatters carried over to the Groveland neighborhood. Mr. Maas stated that they do not play loud music but would have an outdoor loudspeaker, which he didn't think would be a problem. Ron Maas introduced his engineer, Scott Dahlke, to assist him in responding to some of the recormendations in Exhibit Z. Following is a list of those recommendations and comments. 1) The applicant implement improved landscaping along the south edge of the subject property, to soften the transition between the commercial use and residential neighborhoods to the south. These improvements should comply with the landscaping standards of the Zoning Ordinance, Section 4.11. The applicant noted that the additional cost of meeting the landscaping requirements of the ordinance would make the project unfeasible. Scott Dahlke mentioned landscaping and lighting plans that they found from the previous owners and would propose to leave in place. Council agrees that the landscaping and lighting plans can be left as is. 2) The applicants shall provide evidence that they have provided adequate water and sanitary sewer service on the subject property. Although staff has been considering ways to defer the provision of fill water services to the buildings on the site, the applicants objected to this recommendation. City Council Minutes — December 10, 2012 Page 11 Mr. Maas stated they would like to be waived from having to hook up to city water at this time. There is a well serving one of the buildings which would workfor them at this time. If they need to add water to the other building they would hook up to city service at that time. Council addresses this in Agenda Item 412. 3) The applicants shall provide a grading and drainage plan for review and approval by the City Engineer. The applicants wish to use the site as it currently exists, without changes to grading and drainage (including the addition of parking lot curbing) and, as such, do not wish to submit further grading or drainage information. Mr. Maas stated they do not have grading and drainage plans to submit. Council agrees that this condition should be removed from Exhibit Z. 4) The approval of machinery /truck sales and repair as a conditional use in the B -3 District shall be based on the standards for said use as currently described in Section 5.2(G)(8) of the Zoning Ordinance. The applicants did not object to this recommendation. Council agrees that this condition shall remain as part of Exhibit Z, subject to an adjustment to the language to allow such repair within 600 feet of a residential area. 5) The approval of auto sales and repair as a conditional use in the B -3 District shall be based on the standards for said use as currently described in Section 5.2(F)(3) Auto Repair —Minor and Section 5.2(G)(1) Automobile Repair — Major of the Zoning Ordinance. The applicants did not object to this recommendation. Council agrees that this condition shall remain as part of Exhibit Z, subject to an adjustment to the language to allow such repair within 600 feet of a residential area. 6) The applicants shall provide evidence that existing site lighting meets the height and illumination requirements described in Section 4.4(E) of the Zoning Ordinance. The applicants objected to this condition, in the regard that they propose to utilize existing lighting without potentially required changes. Council agrees that the landscaping and lighting plans can be left as is. 7) The applicants shall submit an application for a sign permit meeting the requirements in Section 4.5 of the Zoning Ordinance before changing or City Council Minutes — December 10, 2012 Page 12 adding any additional signage on the subject property. The applicants did not object to this recommendation. Council agrees that this condition shall remain as part of Exhibit Z. 8) The applicants demonstrate code compliance for final curb cut access, stall, aisle, and driveway design on the subject property. The applicants did not object to this recommendation. Council agrees that this condition shall remain as part of Exhibit Z. 9) The applicants provide evidence that no site parking areas are located over existing public drainage or utility easements. The applicants effectively objected to the condition, based on a concern that they propose to make no changes' to the site, and that they did not wish to make changes that might be required by this condition. Council agrees that this condition should be removed from Exhibit Z, subject to execution of a drainage and utility easement encroachment agreement. 10) The applicant provides for installation of a continuous curb system barrier around the parking, circulation, and display areas of the site. The applicants objected to this condition, and noted that this was one of the primary items for which they were seeking a variance. Council agrees that a variance should be granted at this time and no curb system barrier should be required until such time as the business would expand to the point that existing parking areas need to be increased. 11) The applicants demonstrate that they have addressed the requirements of Section 4.9 of the Zoning Ordinance pertaining to off - street loading standards. The applicants did not object to this recommendation. Council agrees that this condition shall remain as part of Exhibit Z. 12) All auto repair services on the property be designated to the north building on the property, to maintain compliance with the requirement for a minimum 600 feet buffer between this use and residential zones to the south. The applicants objected to this condition, with the intent that they wish to be able to conduct service activities in the south building at some point in the future, although this building is less than 600 feet from the residential area to the south (525 feet). City Council Minutes — December 10, 2012 Page 13 Council agrees that an ordinance amendment should provide for auto and truck repair to be allowed to occur within the 600 foot buffer from residential properties. 13) No repair services may be performed outdoors, and doors enclosing the repair facilities should remain shut to avoid any excess noise. The applicants objected to this condition, stating that it would be normal for them to operate the repair facility during warm seasons with the doors open to the service bays. Council agrees that this condition should be removed from Exhibit Z. Based on Council input, Steve Grittman recommended three motions, as follows. DECISION 1: GLEN POSUSTA MOVED TO APPROVE THE PRELIMINARY AND FINAL PLAT FOR THE MAAS ADDITION, SUBJECT TO CONDITIONS AS SPECIFIED BY CITY COUNCIL. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED 5 -0. DECISION 2, 3, 4, & 5: BRIAN STUMPF MOVED TO APPROVE THE ZONING ORDINANCE AMENDMENTS AS DESCRIBED AND DIRECT STAFF TO PREPARE THE ORDINANCE DOCUMENT ACCORDINGLY; APPROVE A CONDITIONAL USE PERMIT FOR VEHICLE SALES IN THE B -3 (HIGHWAY BUSINESS) DISTRICT; AND APPROVE CONDITIONAL USE PERMITS FOR ACCESSORY USE AUTOMOBILE REPAIR — MAJOR, AUTOMOBILE REPAIR — MINOR, AND MACHINERY /TRUCK SALES & REPAIR IN THE B -3 (HIGHWAY BUSINESS) DISTRICT. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. DECISION 6: BRIAN STUMPF MOVED TO APPROVE VARIANCES FOR CURBING, LIGHTING, AND LANDSCAPING REQUIREMENTS FOR COMMERCIAL PROPERTY SITE IMPROVEMENTS. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. 12. Consideration of approving an Aereement with Maas Auto /Bedrock Motors for city water access at 3887 Chelsea Rd West (current PID 155 -500- 104306) Angela Schumann explained to Council that the applicant has requested a waiver from hooking up to city water services at this time. Staff is providing several options to accommodate the request of the applicant. BRIAN STUMPF MOVED FOR ALTERNATIVE #3 TO NOT APPROVE ANY AGREEMENT AT THIS TIME; APPLICANT WOULD NOT BE REQUIRED TO HOOK UP TO CITY WATER AND SEWER SERVICES UNTIL THERE IS AN EXPANSION OF THE BUSINESS TO THE BUILDING THAT DOES NOT HAVE City Council Minutes — December 10, 2012 Page 14 CITY SERVICES. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. 13. Consideration of adopting Resolution #2012 -113 authorizing Advertisement for Bids for purchase of Screw Press and Aeration Blowers for Phase 1 of Waste Water Treatment Facility Biosolids Dewatering, Energy Efficiency, Headworks and Site Improvements, City Project #12C003 Bruce Westby explained the request for authorizing advertisement for bids for purchasing some of the equipment that will be needed for Phase 1 improvements at the Waste Water Treatment Facility. Clint Herbst asked if staff had an opportunity to look at some of the equipment they are considering. Bruce Westby noted that staff has visited and researched several sites that are using the types of equipment to be bid. Also, two screw press providers recently tested their equipment on site to ensure it can meet our needs, and there could be a third manufacturer. Glen Posusta expressed concern over the bid opening date and the short time frame for bidding. Bruce Westby explained that this is a fairly simple process, and the bid process and dates have been discussed with potential bidders that would provide this type of equipment. Bruce Westby explained that they will be seeking separate bids for the screw press and the two aeration blowers, and the bid openings will be held at separate times as noted in the resolution. LLOYD HILGART MOVED FOR ALTERNATIVE #1 TO ADOPT RESOLUTION #2012 -113 AUTHORIZING ADVERTISEMENT FOR BIDS FOR SCREW PRESS AND AERATION BLOWERS FOR PHASE 1 OF WASTE WATER TREATMENT FACILITY BIOSOLIDS DEWATERING, ENERGY EFFICIENCY, HEADWORKS AND SITE IMPROVEMENTS, CITY PROJECT NO. 12C003. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. 14. Consideration of adopting Resolution #2012 -114 authorizing preparation of Plans and Specifications for Phase 2 of Waste Water Treatment Facility Biosolids Dewatering, Energy Efficiency, Headworks and Site Improvements, City Project #12CO03 Bruce Westby reviewed the request for authorizing preparation of plans and specifications for Phase 2 of the Waste Water Treatment Facility improvements. Bruce Westby gave a presentation explaining Phase 1 improvements and Phase 2 improvements. Glen Posusta asked for an explanation of why these improvements are being requested and what has changed. Chuck Keyes of Veolia Water provided a short explanation of the changes in process methods that took place resulting in the improvements which are now being proposed. Chuck Keyes also talked about some of City Council Minutes — December 10, 2012 Page 15 the advantages that will be gained by the Phase 2 improvements in such areas as handling influent and reducing maintenance costs. Bruce Westby reviewed the project benefits for both phases: Phase 1 — addresses biosolids management issues, flexibility for future use of biosolids farm, and energy efficiencies, and utilizes available Xcel rebates; Phase 2 — addresses existing operational deficiencies including relocation of headworks to the front end of the plant, expansion of influent wet -well, upgrade of undersized wet -well pump, and reconstruction of deteriorated pavement sections; provides operational redundancies for emergency backup of screening/grit removal equipment and wet well; reduces operations and maintenance costs; and provides for future flow increases. Bruce Westby mentioned the estimated costs for the Phase 2 project: headworks improvements - $1,992,000; influent wet -well improvements - $1,580,000; and miscellaneous site improvements - $100,000. Costs for preparing plans and specs are proposed at $271,276. Since this project would be funded with bonds, a reimbursement resolution would be introduced should Council approve this. Wayne Oberg showed some trends on interest rates and suggested that it may make sense at this time to sell bonds for financing this project to take advantage of extremely low interest rates. Glen Posusta commented that he is not necessarily convinced that Phase 2 of the project is needed at this time. He asked if the City is likely to be pushed into this project in order to be compliant with state and federal regulations. Bruce Westby explained that the improvements will help the City reduce phosphorus levels and some of the equipment is at the end of its useful life. Bruce Westby also pointed out there is a possibility of realizing some cost savings if the same company would bid on both Phase 1 and 2 improvements. Glen Posusta asked about the class A biosolids dryer plans that were prepared in 2007 and whether they were still valid. Clint Herbst noted that the City has made changes in its plans which would not apply to the plans and specs that were developed in 2007. Bruce Westby stated that, if Council were to approve this tonight, they would look at bidding the project later in 2013. If Council wants staff to provide more information to Council prior to reconsidering authorization to prepare plans and specifications, it probably would not negatively affect the schedule. Glen Posusta asked if it would be better to wait and see if there is some new technology coming. Brice Westby explained that the Phase 2 improvements are not really changing technologies; they are more related to updating the city's plant in a manner to benefit the overall operations and safety of the plant. It was discussed that a tour of the wastewater plant might help the Council to better understand the needs for the Phase 2 improvement. Staff will arrange for Council to tour the plant in the near future. City Council Minutes — December 10, 2012 Page 16 TOM PERRAULT MOVED TO TABLE THIS ITEM INDEFINITELY UNTIL MORE INFORMATION CAN BE PRESENTED TO COUNCIL. GLEN POSUSTA SECONDED THE MOTION. MOTION CARRIED 5 -0. 15. Added items Snowplowing — Glen Posusta commented that he does not understand why City staff was plowing pathways in the snowstorm. Bob Paschke explained that city staff was following the Snow Removal policy for providing a cleared pathway for people to move around on the major trails. By keeping ahead of the snow, they can better delineate the pathways when they come back to finish clearing. Bob Pascllke noted that this was not done as overtime work. Glen Posusta questioned how staff is going to go back and get it cleared now because the paths are a mess. Bob Paschke said they have procedures to deal with snow and ice and they will follow those. Clint Herbst commented that he had talked to Bob Paschke about enforcing the parking regulations. He noticed several situations where the plows had gone around the cars and left them in place. He recommends that city staff follow city ordinances and tow vehicles that are not complying with parking regulations. Jeff O'Neill asked if the Sheriff's Department is giving out warning tickets in those cases. Bob Paschke will check into that. Clint Herbst suggested that people will start moving their cars if they know they are going to be towed. Lloyd Hilgart asked Bob Paschke how many public works employees are out during a major snowfall. Bob Paschke noted that would include the entire Streets and Parks departments as well as a person from Utilities, totaling around 15 employees including supervisors. 16. Adiournment GLEN POSUSTA MOVED TO ADJOURN AT 10:35 P.M. TOM PERRAULT SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Catherine M. Shuman 60& Approved: January 14, 2013 Attest: Co, ninistrator City Council Minutes — December 10, 2012 Page 17