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City Council Minutes 01-10-1994i~ MINUTES REGiTr.aR. MEETING - MONTICELLO CITY COUNCIL Monday, January 10, 1994 - 7 p.m. Members Present: Shirley Anderson, Brad Fyle, Clint Herbst, Patty Olsen Members Absent: Ken Maus 2. ons~deration of a roval of minute, e _ ular mee ,,..._ ------~ _.-_....- pp ~ s of.the,„r,.g..,,---••------tiny' held December 13, 1993. Brad Fyle requested that the minutes be amended to show that he voted in opposition to the motion made in item #9. Clint Herbst requested that item #5 be amended by noting that the open burning permit was granted to Monticello Country Club because the request met the minimum requirements of the ordinance. There being no further additions or corrections, a motion was made by Clint Herbst and seconded by Brad Fyle to approve the minutes of December 13, 1993, as corrected. Motion carried unanimously. ~~ 3. Citizens comments/petitions, requests, and complaints. None forthcoming. 4. Public hearing on proposed assessment for project 93-13C2 Monticello Ford Storm Sewer Proiect. Shirley Anderson opened the public hearing. John Simvla reported that the project cost For the Monticello Ford storm sewer improvement was $43,481. Monticello Ford has paid $4,000 as up- front money for the project, leaving a balance of $39,481. Simola reported that in his discussions with Dave Peterson, Peterson indicated that he had no problem with the assessment as proposed. There being no comments from the public, Acting Mayor Anderson closed the public hearing. After discussion, a motion was made by Patty Olsen and seconded by Clint Herbst to adopt the assessment roll as proposed with Monticello Ford paying $39,481 over a period of 10 years at an interest rate of 7°l°. Motion carried unanimously with Ken Maus absent. SEE RESOLUTION 94-1. Page 1 Council Minutes - 1/10/94 Iii L. 5. Consideration of reliminar lot re uest for hose IV Cardinal Hills residential subdivision. A lican.t Value Plus Homes. Assistant Administrator O'Neill reviewed the design of phase IV of the Cardinal Hills residential subdivision, which consists of a 59 residential lot development on approximately 25 acres of land. O'Neill's review focused on issues relating to the park dedication requirement and whether or not to accept the storm water ponding area as a storm water easement or as an outlot. O'Neill informed Council that both the Parks Commission and the Planning Commission recommended that the City accept cash rather than land to meet the park dedication requirement. Both commissions proposed that future park development occur directly south of the Cardinal Hills development and adjacent to the south pond that is being constructed with phase IV. O'Neill noted that the land south of Cardinal Hills has direct access to sewer and water and that it is likely that this area will develop relatively soon. 1 O'Neill informed Council that both the Parks Commission and the Planning Commission recommended that the City acquire the south pond as an outlot to be connected to the Future park area. This option provides the City with more control over the use of the pond area but would also result in additional liabilities for the City by placing added maintenance demands on the public works department. The public works department is opposed to taking the land as an outlot, as it is their view that the area should be encumbered by a storm drainage easement, thereby making the adjoining property owners responsible for managing the area. Finally, O'Neill noted that as a third alternative, perhaps the ponding area could be divided into two sections. This would accomplish the goal of having the property owners manage the ponding area adjacent to the usable portion of their yard area and would provide the City with the control over upland areas between the south pond and the future park area. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to approve the Cardinal Hills 4th Addition under the following conditions: a. Park dedication shall be in the form of cash equal to 10°h of the raw value of land in phase TV. b. The preliminary plat should be amended to show the south 1/2 of the south pond as an outlot and the north 1/2 to elevation 963 as a drainage easement. c. Modify the plat to accommodate storm sewer and pathway locations as defined by the City Engineer. Page 2 Council Minutes - 1/10/94 Voting in favor of the motion: Patty Olsen, Shirley Anderson, Clint Herbst. Opposed: Brad Fyle. Absent: Ken Maus. Brad Fyle mentioned that he was opposed to the concept of City ownership of any portion of the storm water pond. Clint Herbst requested that the City consider providing the School District with park dedication Funds acquired through development of the Cardinal Hills subdivision. The City should consider using these funds to be applied to development of recreation facilities on the School District property. It was requested that this concept be brought before Council fox further discussion at such time that the final plat is approved. 6. Consideration of an ordinance amendment adopting the new building codes. After discussion, a motion was made by Brad Fyle and seconded by Patty Olsen to adopt the ordinance amendment adopting and updating the city building code. Motion carried unanimously with Ken Maus absent. SEE ORDINANCE AMENDMENT NO. 245. 7. Consideration of an ordinance amendment relating to the collection of delinquent utility accounts. ~ T Rick Wolfsteller provided the City Council with an ordinance amendment designed to accomplish the following: 1. Clarify that delinquent accounts can be certified as a special assessment against property taxes more than once a year. 2. Establish a $25 administrative fee for preparing an assessment roll on delinquent accounts. Wolfsteller noted that currently the ordinance states that an assessment roll be prepared each year for delinquent accounts. The amendment proposed simply clarifies that the City can prepare assessment rolls as soon as accounts are 60 days or more past due, which may mean that we will be preparing up to 4 assessment rolls annually to correspond with each quarterly billing. The amendment would also indicate that a fee that is established by the City Council will be added to each delinquent account to cover the cost of this additional processing. The fee that is recommended for adoption along with this ordinance amendment would be $25 per account. Wolfsteller noted that it is hoped that by processing an assessment roll 4 times a year and with the addition of a $25 administration fee, we will see a reduction in the number of delinquent accounts that ultimately become certified as special assessments. Page 3 Council Minutes - 1/10/94 Wolfsteller noted that in the past, it may have been beneficial for people to simply let their accounts become delinquent and pay them annually with their property taxes since we only are allowed by law to charge 8°lo interest on a delinquent account. Clint Herbst indicated that he was pleased with the amendment as proposed. It was his view that the list of delinquent utility bill payments will be cut in half by this policy. After discussion, a motion was made by Clint Herbst and seconded by Brad Fy1e to adopt the ordinance amendment as proposed. Motion carried unanimously with Ken Maus absent. SEE ORDINANCE AMENDMENT NO. 246. $. Consideration of annual appointments for 1994. Rick Wolfsteller reviewed the list of annual appointments proposed for 1994. Council discussion focused on whether or not to allow township residents to serve on various boards and commissions. During discussion, it was noted that citizens from the township are currently serving on the Planning Commission, Police Advisory Commission, the Economic Development Authority, the Library Board. Brad Fyle noted that he was comfortable with township residents serving on all boards except for the Planning Commission. It was his view that the Planning Commission should be made up of city residents only. He felt that it was not appropriate for a township resident to sit on a board that makes recommendations on the use of land in the city. Clint Herbst indicated that he felt that the township resident (Cindy Lemm) that is currently serving on the Planning Commission is doing an excellent job and that any recommendation to change the policy to eliminate a township resident on the board does not reflect the type of job that Cindy Lemm is doing. After discussion, a motion was made by Patty Olsen and seconded by Brad Fyle to adopt the annual appointments for 1994 as listed with the provision that the 1995 appointments should include a list of Planning Commission members made up entirely of city residents. Motion carried unanimously with Ken Maus absent. Page 4 Council Minutes -1/10/94 ~~ ~- ~_ [1 1994 ANNUAL APPOINTMENTS Official Depositories Marquette Bank Monticello Metropolitan Federal First National Bank of Monticello Chief Financial Officer - authorized to designate other depositories for investment purposes only. Newspaper: Monticello Times Housing and Redevelopment Authority: 1. Tom St. Hilaire 12/96 (5-year staggered terms) 2. Ben Smith 12/95 3. Brad Bar~'er 12/94 4. Al Larson 12/98 5. Everette Ellison 12/97 Planning Commission: Health Officer: (1 year) Acting Mayor; (1 year) Joint Commissions: Community Education Fire Board OAA Library Board: (3-year staggered) Attorney: Planner: 1. Richard Carlson 2. Jan Bo art 3. Cindy Lemm 4. Richard Martie 5. Brian Stumpf Dr. Donald Maus Shirle Anderson Shirle Anderson Rick Wolfsteller Ken Maus 1. Ed Solberg 1.2/93 2. Duff Davidson 12/94 3. Mary Jane Puncochar 12/93 4. Ruby Bensen 12/94 5. Rebecca Jesinski 12/95 Paul Wein~arden Northwest Assoc. Consultants Page 5 Council Minutes - 1/].0/94 Auditor: Gruys, Borden, Carlson & Asanr.. „,.,..__ Recycling Committee: Economic Development Authority: {5-year staggered terms) Engineer: Shirley Anderson 1. Patty Olsen, Council 12/96 2. Clint Herbst, Council 12/94 3. Harvey Kendall 12/96 4. Al Larson 12/97 5. Barb Schwientek 12/98 G. Bab Mosford 12/94 7. Ron Hoglund 12/95 Orr-Schelen-Maveron & Assoc. Police Advisory Commission: Brad Fyle, Council 12/94 {3-yr staggered terms) Warren Smith 12/94 David Gerads 12/94 Jim Fleming 12/95 Curtis Schmidt 12/93 ~l Parks Commission: Dick Frie 12/96 (3-yr staggered terms) Larry Nolan 12/96 Fran Fair 12/94 Bruce Thielen 12/95 Roger Carlson 12/95 9. Consideration of final navment on City Proiects 92-02. School Boulevard. and 92-07, Cardinal Hills 2nd Addition. John Simola reported that the School Boulevard project and Cardinal Hills 2nd Addition are now complete. Both projects were delayed from 1992 construction due to inclement weather. The paving was completed late this summer along with portions of the paving in Cardinal Hills 3rd Addition. The original contract with Brown & Cris of Lakeville, Minnesota, was for $666,395. Through the addition of change order #1, the total contract was for $676,989. The final contract amount or project cost was $645,895. The savings on the project was due to the deletion of a large diameter storm sewer pipe crossing County Road 118 in front of the Middle School. The existing pipe was determined to have sufficient capacity. Simola reported that the contractor has been paid to date $611,697, leaving a balance of $34,197. After discussion, a motion was made by Clint Herbst and seconded by Patty Olsen to make final payment to Brown & Cris of Lakeville, Minnesota, in the amaunt of $34,197. Motion carried unanimously with Ken Maus absent. Page 6 Council Minutes - 1/10/94 10. Consideration of bills for the last half of December. After discussion, a motion was made by Clint Herbst and seconded by Patty Olsen to approve payment of the bills as submitted. Motion carried unanimously with Ken Maus absent. ].1. Other matters. A, Shirley Anderson noted that 1994 is the 20th anniversary of the "1 Quit Day", which was originated by Lynn Smith. Anderson went on to recommend that one of the days during Riverfest should be proclaimed as Lynn Smith Day in honor of his campaign against smoking that ultimately went world wide. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to proclaim one of the days during the Riverfest as Lynn Smith Day in Monticello. The specific day to be defined by the Riverfest Committee. Motion carried unanimously with Ken Maus absent. ~~ ~ Je Neill Assistant Administrator 0 Page 7