City Council Minutes 02-13-1995
MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, February 13, 1996 - 7 p.m.
Members Present: Brad Fyle, Shirley Anderson, Clint Herbst, Brian Stumpf, Tom
Perrault
Members Absent: None
2. Approval of minutes of the special meeting held January 23, the regular
meeting held January 23, and. the special meeting held January 31, 1995.
AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND
SECONDED BY GLINT HERBST TO APPROVE THE MINUTES OF THE
SPECIAL MEETING HELD JANUARY 23, THE REGULAR MEETING HELD
JANUARY 23, AND THE SPECIAL MEETING HELD JANUARY 31, 1995, AS
PRESENTED. Motion carried unanimously.
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3. Consideration of adding_items_to the agenda.
A. Consideration of adopting a resolution supporting an administrative
fee increase For deputy registrars.
City Administrator Wolfsteller reported that the Minnesota Deputy
Registrar's Association is requesting that the City Council adopt a
resolution stating its support for increasing the administrative fee
collected by the deputy registrars on DNR transactions from $.50 to
$3.50 to coincide with the administrative fee of $3.50 charged for
handling motor vehicle transactions.
AFTER DISCUSSION, A MOTION WAS MADE BY GLINT HERBST AND
SECONDED BY TOM PERRAULT TO ADOPT A RESOLUTION
SUPPORTING AN ADMINISTRATIVE FEE INCREASE TO $3.50 FOR
DEPUTY REGISTRARS HANDLING DNR TRANSACTIONS. Motion
carried unanimously. SEE RESOLUTION 95-10.
4. Citizens comments/petitions,_reauests, and complaints.
None.
5. Public Hearing--Consideration of a resolution adopting a housi._n~ plan and
program for issuance of multi-housing revenue bonds.
Mayor Brad Fyle opened the public hearing.
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Economic Development Director Ollie Koropchak reported that because the
financial package for the senior housing project has not yet been approved,
Council is asked to open the public hearing and continue it to the
February 27, 1995, Council meeting. Continuation of the public hearing will
allow time for the involved groups or individuals to define the project and
resolve the financial gap for funding the proposed senior housing facility.
AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND
SECONDED BY TOM PERRAULT TO CONTINUE THE PUBLIC HEARING TO
FEBRUARY 27, 1995, AS REQUESTED. Motion carried unanimously.
6. Consideration of reviewing assessor's report for 1994 and setting the Board
of Review for 1995 - Je Kramber.
City Administrator Wolfsteller reported that the County Assessor has
tentatively set Thursday, May 4, 1995, at 7 p.m., as the date for the City's
1995 Board of Review meeting, and Council was asked to confirm this date.
It was the consensus of Council to set the 1995 Board of Review meeting for
Thursday, May 4, 1995, at 7 p.m.
Jerry Kramber, the City's Assessor, reviewed the 1994 Assessor's Report,
noting that adjustments were made in valuations For residential lots in the
original plat. Kramber explained that in the past, lots in the original plat
were valued approximately the same no matter how many lots were
included with one home site; therefore, valuations were increased For those
homes with more than one lot. Also, the value on river lots and lots
abutting the Monticello Country Club were increased to more accurately
reflect the true values based on actual market conditions.
After discussion, it was the consensus of Council to accept the City
Assessor's report for 1994.
7. Consideration of confirmin a ointment of new Fire Chief -Mark Wallen.
City Administrator Rick Wolfsteller reported that according to the fire
department bylaws, fire department members elect a Fire Chief, who then
is to be ratified by the City Council. He noted that the previous Fire Chief,
Jerry Wein, elected not to continue as Chief, and the fire department
members recently elected Mark Wallen as the new Fire Chief. Wallen has
been a member of the fire department since 1977.
AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND
SECONDED BY TOM PERRAULT TO RATIFY THE APPOINTMENT OF MARK
WALLEN AS FIRE CHIEF FOR THE MONTICELLO FIRE DEPARTMENT.
Motion carried unanimously.
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8. Consideration of an u date re art on Senior Citizen Center activities for
1994 -Pam Loidolt.
Pam Loidolt, Monticello Senior Citizen Center Director, updated the Council
on senior center activities for the year 1994, noting that usage of the center
has increased from 1993 to 1994. She also reported that the Monticello
Senior Center will begin a dining program in March or April of 1995, which
has received a positive response from area seniors.
Mayor Fyle thanked Ms. Loidolt for her report on the 1994 activities of the
Monticello Senior Citizen Center. No action was required by Council.
9. Consideration of a rovin reliminar lot of hose V of the Cardinal Hills
residential subdivision.
Assistant Administrator O'Neill reported that phase V of the Cardinal Hills
residential subdivision will consist of 34 lots and is consistent with the
development plan previously reviewed and approved by the City. He also
noted that the City has obtained an outlot rather than an easement for the
purpose of constructing a pathway to the park, which is an improvement
over previous methods of obtaining pathways.
AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND
SECONDED BY BRIAN STUMPF TO APPROVE THE PRELIMINARY PLAT OF
PHASE V OF THE CARDINAL HILLS SUBDIVISION. Motion carried
unanimously.
10. Consideration of a rovin HIein Farms EAW and authorizin submittal to
Environmental ualit Board.
Assistant Administrator O'Neill reported that Council previously authorized
completion of an Environmental Assessment Worksheet (EAW) in
conjunction with development of the HIein Farms plat. Emmerich provided
the funds necessary to complete the HIein Farms' share of the EAW and
one-half of the cost to provide supplemental information describing the
extension of trunk sanitary sewer service serving the Klein Farms and other
future development areas, and OSM has completed the EAW for Council
review.
O'Neill went on to note that if Council votes to accept the EAW and
authorizes submittal of the document to the Environmental Quality Board,
the EAW will then be submitted fora 30-day comment period. After the 30-
day time period has expired, Council will then be asked to consider making
a negative declaration of impact associated with the development, which is
- required before the project can proceed any further.
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AFTER DISCUSSION, A MOTION WAS MADE SY SHIRLEY ANDERSON AND
SECONDED BY TOM PERRAULT TO ACCEPT THE EAW AND AUTHORIZE
SUBMITTAL TO THE ENVIRONMENTAL QUALITY BOARD. Motion carried
unanimously.
11. Consideration of acce tin HIein Farms residential subdivision feasibilit
st. udv. AND
].2. Consideration of orderin lane ands ecifications for im ravements to the
HIein Farms residential subdivision.
Assistant Administrator O'Neill reported that the feasibility study has been
completed by OSM and outlines improvements to the HIein Farm residential
subdivision. The School Boulevard extension is planned For construction in
1995 and will be included in a separate feasibility study currently being
completed by OSM. He noted that dividing the project in two parts should
result in lower bids because reducing the project into two smaller parts will
open the project to more contractors. It was also noted that the developer,
Tony Emmerich, plans on providing the City with funds necessary to
complete plans and specifications.
City Engineer Bret Weiss reviewed the estimated cost and assessments of
the two phases of the project. O'Neill noted that staff is comfortable in
financing the project using the public improvement process.
Mayor Fyle noted his concern regarding the risk to the City with a project
of this magnitude. City Engineer Bret Weiss responded that the risk of
non-payment of assessments is minimal because the developer is required to
provide 60% of the cost of improvements to the City in the form of a letter
of credit, which the City can draw on in the event the developer does not
pay the assessments. In addition, the City can eventually acquire the land
if the developer forfeits it due to non-payment of assessments. The value of
the letter of credit plus the value of the improved lots far exceeds the City
debt associated with installing the improvements.
Weiss also explained that the feasibility study does not include upgrading
Fallon Avenue. Although it does not appear necessary to rebuild the road
at this time due to the planned extension of School Boulevard to
Highway 25, the City may want to consider reconstruction at this time sa
that expenses associated with Fallon Avenue can be assessed against the
vacant lots, as it will be much more difficult to assess the costs after the
project is developed. It was Weiss's view that perhaps the City should
consider performing an appraisal of benefit for the area, which would
indicate the amount that could be assessed to each parcel prior to beginning
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Council Minutes - 2/13/95
reconstruction of the street. It was his recommendation that the
development agreement include an amount per lot to help pay far
reconstruction of Fallon Avenue.
AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND
SECONDED BY BRIAN STUMPF TO ACCEPT THE FEASIBILITY STUDY AND
AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE KLEIN
FARMS RESIDENTIAL SUBDIVISION CONTINGENT ON THE DEVELOPER
PROVIDING FUNDS NECESSARY TO COMPLETE THE PLANS AND
SPECIFICATIONS ESTIMATED AT $50,000. MOTION ALSO INCLUDES
DIRECTING CITY STAFF TO OBTAIN AN ESTIMATE FOR COMPLETION OF AN
APPRAISAL OF BENEFIT FOR UPGRADING FALCON AVENUE. Motion carried
unanimausly. SEE RESOLUTION 95-12A.
12a.
issued by the _CiLv.
It was noted by the City Administrator that if the Klein Farms residential
subdivision is going to be completed as a public improvement, Council should
adopt a resolution declaring its intent to reimburse itself for any
expenditures it may incur regarding projects that it intends to finance by
fiiture bond sales. He noted that in order to be reimbursed for any
expenditures that the City may incur prior to a bond sale occurring, the
resolution must be adopted.
AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND
SECONDED BY SHIRLEY ANDERSON TO ADOPT A RESOLUTION DECLARING
OFFICIAL INTENT OF THE CITY TO REIMBURSE EXPENDITURES FROM THE
PROCEEDS OF BONDS TO BE ISSUED BY THE CITY. Motion carried
unanimously. SEE RESOLUTION 95-12.
13. (~onaid ra inn of et9h iRhino Co mcil s ~h .n m .o i~datn Ci .v/
Towne ~ IIrhani~ation Plan,
Assistant Administrator O'Neill reported that plans for extension of sewer
and water service to Gould Brothers Chevrolet and D & D Bus are nearly
complete and will be ready for consideration by Council at the February 27
meeting, along with consideration of advertising for bids and calling for a
public hearing on the project. However, prior to further formal action on the
project, the Township has asked Council to review their concerns about the
annexation agreement as it relates to the Gould Brothers/D & D Bus
annexation request. Although the Township does not intend to delay the
annexation, they would like any amendments made to the agreement
retroactive to the Gould Brothers/D & D Bus annexation.
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O'Neill went on to explain that the Township is concerned about the taxes
they will lose when commercial entities are annexed. They are proposing
that the taxes stay with the Township for three years after annexation. It's
also been suggested by the Township that the City collect the residential
and commercial taxes for land annexed but pay the Township an amount
equal to taxes for agricultural land for a period of three years, which would
allow the Township to cushion the impact of the loss in tax base over a
period of time.
It was Councilmember Herbst's view that the City should adhere to the
current agreement. Mayor Fyle recommended that the City wait until the
comprehensive plan update is complete and renegotiate the agreement at
that time and consider making any changes to the agreement retroactive to
include the Gould Brothers Chevrolet and D & D Bus Company
annexations.
After discussion, it was the consensus of Council to review the
City/Township Urbanization Plan after the comprehensive plan update is
complete and, in the meantime, adhere to the current agreement for the
Gould Brothers Chevrolet and D & D Bus annexation.
14. Consideration of approving development aereement and final_ plat of the
River Mill subdivision.
Assistant Administrator O'Neill reported that plans and specifications are
nearly complete and need final approval by the City Engineer. He also
noted that the City Attorney has prepared a development agreement for the
River Mill subdivision that is similar to the Oak Ridge development
agreement in that it also calls for the private funding of improvements;
however, there is a major difference between the two agreements. The
River Mill development agreement includes a disbursement agreement
rather than requiring the developer to submit 25°10 of the total project cast
in the form of a letter of credit. Under the disbursement agreement, the
lending institution guarantees that sufficient funds are available to the
developer far payment of costs associated with construction. As
construction is completed, both the developer's engineer and the City
Engineer certify work that is completed and jointly authorize disbursement
of funds to pay costs. In the event the developer would default on the
agreement, the City would be able to draw an the funds to complete the
project.
City Attorney Paul Weingarden noted that the developer's attorney
requested some amendments to the agreement which appear to be
reasonable and are only slight modifications that do not change the
substance of the agreement.
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O'Neill went on to note that the original preliminary plat included a land
swap between the River Mill development and A Glorious Church; however,
subsequent to approval of the preliminary plat, A Glorious Church decided
not to exchange land, and the final plat was adjusted accordingly. He also
noted that there may be some need to make easement adjustments to match
the extension of sanitary sewer, water main, and storm sewer, which would
be made prior to plat signing.
AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND
SECONDED BY BRIAN STUMPF TO ADOPT THE DEVELOPMENT
AGREEMENT AND APPROVE THE FINAL PLAT CONTINGENT ON THE
FOLLOWING:
1. Final approval of development plans by the City Engineer and City
staff.
2. Completion of minor adjustments to the final plat necessary to
accommodate City Engineer requirements.
3. Execution of the disbursement agreement and payment to the City of
all preliminary platting expenses in excess of the original platting fee.
4. Acquisition of all necessary permits.
Motion carried unanimously.
15. Consideration of selectin consultant to conduct soil contamination and
remediation study for fire hall/bulk tank site.
Public Works Director John Simola reported that City staff and
representatives from Riverside Oil and JM Oil interviewed two of the
consultants and checked references for the proposed soil contamination and
remediation study for the fire hall and bulk tank sites. After completion of
the interviews, the joint group selected Agassiz's proposal at cost of $14,994.
AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND
SECONDED BY TOM PERRAULT TO APPROVE AGASSIZ ENVIRONMENTAL
SYSTEMS AS THE CONSULTANT TO THE REMEDIAL SOIL INVESTIGATION
AT AN ESTIMATED COST OF $14,994, WHICH WILL BE PAID FOR BY THE
CITY, RIVERSIDE OIL, AND JM OIL. Motion carried unanimously.
16. Consideration of up~radin~ two micro-computer work stations.
Assistant Administrator O'Neill reported that there is a need to upgrade
two of the personal computers so that all employees are working in the
Windows environment and using the same programs. One PC is needed at
public works and the other at city hall. He noted it is proposed that the
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City purchase one 486DX2 and one Pentium computer, which would allow
implementation of systems such as GIS in the future; however, O'Neill
noted that since we are not ready to implement a GIS system at this time,
two 486DX2 computers would be sufficient. It was also noted that one of
the computers could also be equipped with an optional CD-ROM unit, which
would allow the City to access government information that is available
only on CD-ROM.
AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND
SECONDED BY TOM PERRAULT TO APPROVE THE PURCHASE OF TWO
486DX2 PERSONAL COMPUTERS AND ONE CD-ROM UNIT FROM PC
EXPRESS AT A TOTAL COST OF $4,260.01. Motion carried unanimously.
17. Consideration of ado tin a resolution a rovin laps ands ecifications
and ordering advertisement for bids on Eastwood Knoll improvements -
Proiect 94-02C.
Administrator Wolfsteller reported that plans and specifications for the
Eastwood Knoll subdivision have been completed. Tf Council approves plans
and specifications, bids could be returnable March 10, 1995, for review by
Council on March 13.
AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND
SECONDED BY GLINT HERBST TO ADOPT A RESOLUTION APPROVING
PLANS AND SPECIFICATIONS AS PREPARED BY OSM AND ORDER
ADVERTISEMENT FOR BIDS RETURNABLE MARCH 10, 1995. Motion
carried unanimously. SEE RESOLUTION 95-11.
18. Consideration of a rovin a Bement of understandin with Wri ht Count
concernin Cit ac uisition of tax forfeited Gille Auto ro ert .
City Administrator Rick Wolfsteller reported that the City recently received
notification from the MPCA that the City's efforts to clean up the Gille Auto
property site have been successful, and they have agreed that the site is
clean. He also noted that it is unknown at this time whether any of the
$30,040 invested in the clean-up efforts will be reimbursable through the
Petro Board, as the site contained very little contaminated soil, and it must
be established that a leak has occurred in order to receive reimbursement
from the Petro Board; however, the consultant fees of $8,700 should be
reimbursable from the Petro Fund.
Wolfsteller went on to note that the County has agreed to turn over
ownership of the Gille Auto parcel to the City; however, before the County
actually obtains a deed from the Department of Revenue for the City, the
County would like the Council to approve a Memorandum of Understanding
outlining how the proceeds will be divided in the future when and if the
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Council Minutes -2/13/95
City sells the Gille property to a private party. The agreement allows the
City to recover from any potential sale all of the cost incurred during the
clean-up. Any funds available above the City's cast up to approximately
$12,000 would be paid to the County to cover delinquent real estate taxes,
and any remaining amount would be kept by the City as payment for
handling this process. If the sale proceeds do not cover the City's $30,000
expenditure for clean-up, the County has agreed to pick up half of the cost
not covered by the sale.
It was the view of Councilmember Stumpf that the City should obtain an
appraisal of the property prior to attempting to sell the property.
Councilmember Herbst suggested that the City first try requests for
proposals similar to what was done with Outlot A of Country Club Manor.
If the proposals are rejected, then an appraisal could be ordered prior to
listing the property for sale.
AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND
SECONDED BY CLINT HERBST TO APPROVE THE MEMORANDUM OF
UNDERSTANDING BETWEEN WRIGHT COUNTY AND THE CITY OF
MONTICELLO CONCERNING THE CITY'S ACQUISITION OF THE GILLE
AUTO PROPERTY SITE AND THE DISTRIBUTION OF FUNDS FROM A SALE.
Motion carried unanimously.
19. Consideration of ado tin a formal osition on Vonco Demolition Landfill
expansion proposal - Bid Lake Township.
City Administrator Wolfsteller reported that the PCA recently held a public
informational meeting regarding the Vonco Demolition Landfill's application
far an extension of their permit to operate the landfill and also a
modification to increase the size of the facility. Early in January, City staff
provided written comments to the PCA indicating the City's concern with
the heavy truck traffic using County Road 75, along with the general
concern of the visual impact this development may have on the scenic
Mississippi River. He noted that if the Council is interested in submitting
additional comments, the PCA has extended the deadline for additional
written comments to February 14, 1995, at 5 p.m.
After discussion, it was the consensus of Council to submit a formal letter
that echoes concerns outlined by staff in previous correspondence to the
PCA on the matter.
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20. Consideration of irn rovements to the intersection of Count Road 75 and
Highway 25 (left turn lanes.
Public Works Director John Simola reported that Councilmember Anderson
had previously requested that staff contact Wright County and the
Minnesota Department of Transportation to consider improving the
intersection of CSAH 75 and Trunk Highway 25, possibly by adding left
turn lanes on CSAH 75. After discussing the intersection conflicts with
Wright County, the City recently received a response From the County and
MN/DOT, which noted 10 options for reducing conflicts at this intersection.
Simola summarized the response by noting that three of the alternatives
involved installing left turn lanes on CSAH 75, which would require
removal of the streetscape nodes and parking on one block either side of
Highway 25, and other alternatives involved light phasing changes and/or
timing which may improve the situation for the near future.
After discussion, it was the consensus of Council that staff should continue
working with MN/DOT and the County on resolving conflicts at the
intersection of CSAH 75 and Highway 25.
21. Consideration of renewin annual hi hwa maintenance a Bement with
Wright County.
Public Works Director Simola reported that each year the City Public Works
Department performs snow and ice removal and springtime sweep-up on
certain County State Aid Highways within the city. In an agreement with
Wright County, the County reimburses the City each year for those services
based upon the actual County cost of maintaining its own highway system
the previous year, and payments are based upon aper-mile cost for each
type of maintenance performed. He noted it is again time to consider
renewing this agreement with Wright County.
AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND
SECONDED BY TOM PERRAULT TO APPROVE THE MAINTENANCE
AGREEMENT WITH WRIGHT COUNTY AS PROPOSED. Motion carried
unanimously.
22. Consideration of callin fora ublic hearin on wastewater treatment
facilities Ulan.
Public Works Director Simola noted that during the workshop held in
January, Council reviewed with OSM and RCM several alternatives for
expanding the wastewater facility operations. Another workshop was
scheduled for 6 p.m. on February 27, 1995, to further discuss expansion of
the plant and financing alternatives. It was proposed at that time that a
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public hearing be held on March 27, 1995; however, staff recommends that
Council delay ordering the public hearing in order to allow additional
review of alternatives for plant expansion.
AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND
SECONDED BY BRIAN STUMPF TO DELAY ORDERING THE PUBLIC
HEARING FOR THE FACILITIES PLANNING REPORT. Motion carried
unanimously.
23. Other matters.
A. Consideration of waiving statutory liability limits--excess liability
insurance.
City Administrator Wolfsteller noted that by state statute, the City is
not liable for any tort liability claim in excess of $600,000 damages;
however, because the City has purchased an excess liability coverage,
the City has the option of waiving our rights under Statute 466,
which would allow someone to seek damages from the City in excess
of the $600,000 limit up to the $1.6 million provided by our excess
liability coverage. He noted that in order for the City to continue to
have excess liability coverage, the City Council must formally decide
whether or not to waive its monetary limits established by statute.
AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND
SECONDED BY BRIAN STUMPF TO NOT WAIVE THE MONETARY
LIMITS ON TORT LIABILITY AS ESTABLISHED BY STATUTE 466.
Motian carried unanimously.
There being no further discussion, the meeting was adjourned.
~: '2~=
~~ ~~~
Kare Doty
Office Manager
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