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City Council Minutes 10-26-1998MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, October 26, 1998 - 7 p.m. Members Present: Bill Fair, Clint Herbst, Brian Stumpf, Roger Carlson, Bruce Thielen Members Absent: None 2. Aouroval of minutes of the regular meetin hg eld October 12, 1998. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER CARLSUN TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD OCTOBER 12, 1998, as written. Motion carried unanimously. Consideration of adding items to the agenda. A. Update on neighborhood meeting -landscaped screen of Ruff Auto. Deputy City Administrator Jeff O'Neill reported that a neighborhood meeting was held to discuss the petition received from residents requesting that the City work with Ruff Auto to enhance views along 6th Street through better screening of the salvage yard. The Ruff Auto office expansion was discussed in that a planned unit development (PUD) was to be completed after the expansion, and funds were provided by Ruff Auto in conjunction with the office expansion for the PUD; however, the planning project has yet to be completed. O'Neill reported that staff will be meeting with Ruff Auto to identify a plan for enhancing views from the right-of--way. Unrelated to the screening petition, residents attending the meeting stated their concerns about traffic speed in the area. B. Burningznermit issuance. Councilmember Clint Herbst noted that one of the developers in the city requested a burning permit, which was denied by the Assistant Fire Chief but subsequently issued by City staff. He suggested that a chain of command be established for issuing burning permits to prevent citizens from going from one person to the next requesting a burning permit. Assistant Fire Chief Scott Douglas explained that a developer had requested and been issued two burning permits, with the third request being denied due to the number of complaints received regarding smoke. The developer was informed at that time that a third burning permit would have to be approved by the City Council; however, the developer requested a permit from City staff rather than Council. Page 1 Council Minutes - 10/26/98 Fublic Works Director John Simola added that burning permits and alternatives far removing materials from a site were discussed at a recent staff meeting, at which time it was decided that, after further study, the issue would be brought to Council far discussion. It was the consensus of Council that staff should continue to study the issue and return to Council at a future meeting. Cauncilmember Herbst also suggested that no burning permits be issued until staff's research has been completed. C. date on vacation of S '/2 Street easement and Locust ri ht-of-wa for community center site. Deputy City Administrator Jeff O'Neill reported that the community center is proposed to be built over the S '/z Street easement and Locust Street right-of--way. At a previous meeting, Council called far a public hearing on the vacation of the easement and right-of--way, which would require 4/S vote of the Council. In addition, staff has been researching alternative options for development of the community center at that location. City Attorney Dennis Dalen explained that vacation of easements or rights-of way can be accomplished by 4/5 vote of the Council or by petition of majority of the land owners. In this case, the City anal Burlington Northern could petition as owners for the vacation, which would require a majority vote by the Council. The Deputy City Administrator added that the public hearing previously set for November 9 would need to be rescheduled and revised notices mailed to abutting property owners if Council elects to petition for the vacation. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BILL FAIR TO CALL FOR A PUBLIC HEARING FOR NOVEMBER 23, 1998, AND FILE A PETITION AS THE OWNER TO VACATE THE 5 % STREET EASEMENT AND LOCUST RIGHT-OF-WAY. Motion carried unanimously. 4. Citizens comments/ etitions re u is and com laints. A. Scott Douglas stated that he wanted. to bring to the Council's attention that the vacation of streets without a petition by the owner requires a 4/S vote of the Council. Fage 2 Council Minutes - 10/26/98 5. Consent agenda. A. Consideration of obtaining state bids for replacement sewer jet/vac machine. Recornrnendation: Authorize staff to obtain bids from the state purchasing program for a combination sewer/vacall cleaning machine to be reviewed by the City Council in November. B. onsideration of issuin off ale beer license -Cub Fo Recommendation: Approve the issuance of an off-sale beer license for the Cub Foods store at 215 West 7th Street. C, Consideration of a license to the Monticello-Biu Lake Community Hosr~ital Di tri t f r the construction of riv to im rovements within th ublic ri ht-of- way for Hart Boulevard. Recommendation: Authorize issuance of a license to the Monticello-Big Lake Hospital District for the construction of private improvements within the public right-of--way for Hart Boulevard subject to the following conditions: The Hospital District must provide a legal description of the area of Hart Boulevard to be affected by the construction of the canopy structure. 2. The Hospital District must indemnify the City against any claims for injury or other damage occurring within or otherwise because of improvements in the legally-described area of Hart Boulevard. Prior to further consideration of the canopy structure, the Hospital District must re-route the public roadway in the area of the canopy according to the design of a licensed professional engineer to provide a street that meets City standards and subject to approval of the Public Works Director. 4. The Hospital must request amendment to the PUD to enable vacation of that portion of Hart Boulevard east of the main hospital drive entrance from CSAH 75/East Broadway, and retention of city right-of--way to include the main entrance roadway and that portion of Hart Boulevard west of the main entrance roadway and providing access to the dental clinic. A MOTION WAS MADE BY BRUCE TI-IIELEN AND SECONDED BY CLINT HERBST TO APPROVE THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously. 6. Consideration of items removed fr m the consent a End for discussion. None. Page 3 Council Minutes - 10/26/98 7. Public 1^learin --Consider tin f a resolution ado tin 7 ro osed assessm nt roll for delin uent utilit bills and certification of assessment r 11 to Count Auditor. City Administrator Rick Wolfsteller reported that the proposed assessment roll contains utility billing accounts which are delinquent more than 60 days. In addition to the delinquent amount, an administrative fee of $SO per account was added as previously approved by the Council. It was recommended that the assessment roll be adopted for certification in 1999 at an interest rate of 8%. Mayor Fair opened the public hearing. There being no comment from the public, the public hearing was closed. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO ADOPT A RESOLUTION ADOPTING THB ASSESSMENT ROLL FOR DELINQUENT UTILITY BILLS AS PRESENTED. Motion carried unanimously. SEE RESOLUTION 98-47. 8. Consideration of new development agreement with Kjellbergs, Inc.. for the sanitary sewer hookup of Kjellbergs West Mobile Home Park. Public Works Director John Simola reported that at the October 12 meeting, Council tabled action on the development agreement for sanitary sewer hookup of Kjellbergs West Mobile Home Park pending review of data provided by Kjellbergs, Inc. After review by City staff and the City Attorney, it was noted that language regarding fees, the time table for completion of the work, and payments on the monitoring station should be revised. City Administrator Rick Wolfsteller noted that he received a letter from Tod Eckberg of the Minnesota Pollution Control Agency, which stated that they would like the City to try and meet the January 1, 1999, construction deadline; however, the PCA is willing to extend the deadline to the summer of 1999 if the project must be delayed. The PCA also indicated they have proposed changes to their contract with Kjellbergs, Inc.; however, City staff has not yet received any information regarding those amendments. City Attorney Dennis Dalen recommended that Council review the agenda information, make comments, and authorize continued negotiations with Kjellbergs, Inc. Council discussed their concerns regarding the length of time the project has taken and that the City has not received the $225,000 deposit agreed upon to maintain the 1997 hook-up rate. It was suggested that if no agreement is reached by the December 14 Council meeting, the hook-up rate should be increased, with an additional increase of $S00 as of January 1, 1999, when the 1999 hook-up rates take effect. Page 4 Council Minutes - 10/26/98 After further discussion, it was the consensus of Council to authorize the City Attorney to continue negotiations with Kjellbergs, Inc., until December 14, 1998. If an agreement is not signed by this date, the hook-up rate for Kjellbergs West Mobile Home Park will increase by $250; in addition, the rate will increase $500 when the 1999 hook-up rates take effect on January 1, 1999. 9. Consideration of authorizin submittal of Youth Initiative rant a lication in the amount of $373.000. Deputy City Administrator Jeff O'Neill requested authorization to submit a grant application to the Minnesota Department of Education in the amount of $373,000 for the purpose of assisting with funding portions of the community center project that support youth. If the grant is awarded to the City, the funds could be used to add alternates once the project is ordered, or the funds could be used to reduce the contribution provided by the City. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT I-IERBST TO APPROVE SUBMITTAL OF THE YOUTH INITIA'T'IVE GRANT APPLICATION IN THE AMOUNT OF $373,000. Motion carried unanimously. 10. Consideration of ado tin resol ti n a rovin a licati nand committin local match for Contamination Grant lean-up Program. Deputy City Administrator Jeff O'Neill requested approval of a resolution supporting submittal of a grant application to the Department of Trade and Economic Development in the amount of $40,000 fox soils correction associated with the operation of the bulk oil facilities at the community center site. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO ADOPT A RESOLUTION APPROVING AN APPLICATION AND COMMITTING LOCAL MA'T'CH FOR THI MINNESOTA TRADE AND ECONOMIC DEVELOPMENT CONTAMINATION GRANT CLEAN-UP PROGRAM. Motion carried unanimously. SEE RESOLUTION 98-48. 11. Consideration of Chan e Order No. 16 and reduction of retaina e f r Cit Fro'ect 93- 140, Wastewater Treatment_Plant Expansion. Public Works Director John Simola reported that Change Order No. 16 would result in a net project cost increase of $32,024. In addition to the change order, the contractor, Adolfson & Peterson, is requesting a reduction in retainage from 5% to 4%. Mr. Ed DeLaforest of HDR explained that three things should be considered when reducing the retainage amount: 1) Is there enough money available far the amount of work yet to be completed; 2) Is there a sufficient amount for possible claims against the contractor; and 3) Performance of the contractor. He recommended that Council approve Page 5 Council Minutes - 10/26/98 reducing the retainage to 4% based on the contractor's past performance. City Administrator Rick Wolfsteller noted that he didn't disagree with Mr. DeLaforest; however, he noted that the biggest incentive for contractors to complete a project is the money held in retainage. AFTER DISCUSSION, A MOTION WAS MADE BY GLINT HERBST AND SECONDED BY BRIAN STUMPF TO APPROVE CHANGE ORDER NO. 16 IN THE AMOUNT OF $32,024 AND GRANT TIME CONTRACTOR'S REQUEST OF A 1% REDUCTION IN RE"I'AINAGE from 5% to 4%. Motion carried unanimously. 12. Consideration of acce tin 7 feasibilit stud for water boo ter station to serve Wildwood Rid e and ad'oinin areas and consideration of authorizin re aration of fans an ~ecifications. Mr. John Bradford of WSB & Associates reported that the proposed water booster station would serve the Wildwood Ridge development along County Road 118 and future developments at higher elevations on and surrounding the Monte Club hill, which would otherwise be unable to develop. The project is planned for two phases, with the initial phase serving approximately 111 acres of residential development at an estimated cost of $270,000, plus $11,000 in developer's cast for a pressure sustaining station. The final phase will serve the remaining acres at an estimated cost of $138,000. The total project cost is estimated at $418,000 and will serve approximately 280 acres of primarily residential property. Funding for the project will be provided by the City's water access fund with reimbursement through a trunk fee surcharge to be paid by the benefitting properties. Based on the assumption that approximately 8S% of the service area will develop, the surcharge fee is proposed to be spread over 215 acres at $1,893.02 per acre. AFTER DISCUSSION, A MOT10N WAS MADE BY CL1N'I' fIERBST AND SECONDED BY BRUCE THIELEN TO ACCEPT THE BOOSTER STA"T'ION FEASIBILITY STUDY, AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS, AND CALL FOR A PUBLIC HEARING FOR DECEMBER 14, 1998. Motion carried unanimously. SEE RESOLUTION 98-49. 13. Consideration of e. to lishin minimum standards far issuance of future n-sale li uor licenses. City Administrator Rick Wolfsteller reported that after reviewing sample ordinances and regulations from various communities, the proposed ordinance amendment establishing minimum standards for issuance of Future on-sale liquor licenses was refined. In regard to reserving three of the licenses for the Central Community District, he noted that none of the ordinances he reviewed earmarked a specific number of licenses for special zoning districts; however, it was the opinion of the League of Minnesota Cities and the City's Consulting Planner that the Council does have the authority to indicate where and within Page 6 Council Minutes - 10/2b/9$ what zoning districts liquor licenses can be made available. Council also discussed the minimum amount of seating capacity that should be required of a restaurant requesting an on-sale liquor license. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO ADOPT AN ORDINANCE AMENDMENT AMENDING SECTIONS 3-2-7 AND 3-2-8 REQUIRING REST"AURANT ESTABLISHMENTS TO MEET ADDITIONAL STANDARDS FOR ON-SALE LIQUOR LICENSE, INCLUDING A MINIMUM SEATING CAPACITY OF 100 GUESTS, AND RESERVING ONE-HALF OF FUTURE ADDITLONAL LICENSES FOR THE CENTRAL COMMUNITY DISTRICT. Motion carried unanimously. SEE ORDINANCE AMENDMENT NO. 319. 14. Con ideration of bills for the la t half of October 199 . A MOTION WAS MADE BY BRIAN S'I'UMPF AND SECONDED BY CLINT HERBST TO APPROVE THE BILLS FOR THE LAST HALF OF OCTOBER 1998 AS PRESENTED. Motion carried unanimously. A MOTION WAS MADE BY ROGER CARLSON AND SECONDED BY .BRIAN STUMPF TO ADJOURN THE MEETING. Motion carried unanimously. `~ ~ Karen oty Deputy City Clerk ~~ Pagc 7