City Council Minutes 01-27-1997MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, January 27, 1997 - 7 p.m.
Members Present: Bill Fair, Clint Herbst, Brian Stumpf, Roger Carlson, Bruce
Thielen
Members Absent: None
2. Consideration of minutes of the regular meeting held January 13 and the
special meeting held January 15, 1997
AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND
SECONDED BY BRIAN STUMPF TO ACCEPT THE MINUTES AS SUBMITTED.
MOTION CARRIED UNANIMOUSLY.
3. Consideration of adding items to the agenda
Mayor Fair requested that discussion of the Bridge View plat be added to the
agenda.
4. Citizens comments/petitions, requests, and complaints.
Representatives from the Battle Rapids Townhome Association were present
to request that the City follow through on commitments to trim trees at the
Battle Rapids Park as outlined by the Parks Commission. Public Works
Director John Simola indicated that the work was not completed last year
due to man -power shortages. Mayor Fair requested that the Public Works
Department make its best effort to complete the work as requested by the
Parks Commission.
5. Consent Agenda.
Bruce Thielen requested that item 5C be taken off the consent agenda for
discussion.
A. Consideration of adopting a resolution calling for a public hearing to
modify Redevelopment District No 1 and TIF District No 1-17 (Fay -
Mar) and establish TIF District No 1-22 (downtown redevelopment).
Recommendation: Adopt a resolution setting a public hearing date
of March 10, 1997, to modify Redevelopment Project No. 1 and TIF
District No. 1-17 and establish TIF District No. 1-22.
SEE RESOLUTION 97-2.
Page 1
Council Minutes - 1/27/97
B. Consideration of approval of 1997 maintenance agreement with
Wright County for maintenance of selected county state aid highway
in the city of Monticello. Recommendation: Approve the 1997
maintenance agreement with Wright County Highway Department as
proposed.
C. Consideration of job description for Construction Inspector and
consideration of advertisement for an additional position. Removed
from the consent agenda for discussion.
D. Consideration of authorizing the City Engineer to complete trunk
utility studies for the Klein Farms III and Leerssen development
areas. Recommendation: Authorize the City Engineer to complete
trunk utility studies for the Klein Farms III and Leerssen development
areas.
E. Consideration of acce ting feasibility atudy for providing sanitary
sewer service to the Resurrection Church site.
Recommendation: Accept the feasibility study and adopt
recommendations as set forth by the City Engineer.
AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND
SECONDED BY BRUCE THIELEN TO ADOPT ITEMS 5A, 5B, 5D, AND 5E OF THE
CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously.
6. Consideration of items removed from consent agenda for discussion.
C. Consideration of job description for Construction Inspector and
consideration of advertisement for an additional position.
Councilmember Bruce Thielen noted that hiring a City employee to
conduct inspections on the wastewater treatment plant places the City
in a more vulnerable position in determining liability if something
should go wrong. Using an inspector from HDR leaves direct
responsibility for the project on the Engineer.
Public Works Director John Simola responded by saying that the
construction observer goes to the contract engineer (HDR) for
direction. HDR provides technical support under the contract. By us
hiring an inspector, we would hope that the level of inspection will be
superior. Our own representative will be looking after our own best
interest.
Page 2
Council Minutes - 1/27/97
Thielen continued. What guarantee is there that there will be the
commitment and rapport needed to interface with HDR. We will save
in theory upfront, but I wonder if it is the wisest way to proceed. No
two projects are the same. The project is complex; we can save
ourselves headaches by focusing responsibility on the contract
engineer.
Bret Weiss stated that the success of this approach depends on the
individual that the City hires. Many communities do this for
municipal utility projects. My only concern is whether or not the City
can attract the person with the knowledge and skills necessary to
complete the work. Right now, it is a tight market, and there are not a
lot of people out there to hire.
Simola went on to note that one of the biggest problems with sewer
plant construction was that there was an inspector there only when
there was major work being done. For instance, there was not an
inspector there during the painting process, which later came back to
haunt us.
Thielen also noted that we have nothing to document the claim that
there is additional work for this individual to do after the plant is
constructed. He would rather see HDR provide the construction
inspector.
Clint Herbst agreed with Thielen. He concurred that a local inspector
will give us that much of an advantage. Plus, it shifts some of the
burden to us. We should keep our hands clean.
Mayor Fair stated that he prefers that a staff person be hired as
proposed. The City will be better served to have a staff person; I do
not think the liability will increase greatly. It is better to have a City
person looking after our interest.
AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND
SECONDED BY CLINT HERBST TO UTILIZE AN INSPECTOR FROM HDR.
Voting in favor: Bruce Thielen and Clint Herbst. Opposed: Roger
Carlson, Brian Stumpf, and Bill Fair. Motion failed.
A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER
CARLSON TO ACCEPT THE JOB DESCRIPTION AND SALARY RANGE
FOR THE CONSTRUCTION INSPECTOR AND AUTHORIZE ADVERTISING
THE POSITION OPENING. Voting in favor: Roger Carlson, Brian
Stumpf, and Bill Fair. Opposed: Clint Herbst and Bruce Thielen.
Motion carried.
Page 3
Council Minutes - 1/27/97
7. Public Hearing - Consideration of adopting a resolution adopting proposed
assessment roll for delinquent accounts receivable and utility bills and
certification of assessment roll to county auditor.
e
Bill Fair opened the public hearing. No one was present to discuss the
matter. The public hearing was then closed.
AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND
SECONDED BY BRIAN STUMPF TO ADOPT A RESOLUTION ADOPTING THE
ASSESSMENT ROLL FOR DELINQUENT CHARGES AS PRESENTED. Motion
carried unanimously. SEE RESOLUTION 97-3.
Clint Herbst asked did the laundromat pay the assessment when it was sold?
Wolfsteller noted that yes, it was cleared up when it was sold.
Request for reconsideration of conveyance of 3ft Of Droperty to resolve an
encroachment ,hDson Warehouse.
Bill Fair introduced the item by noting that recently the City Council acted
on this item. However, a request to reconsider has come forward. He noted
that he viewed the conveyance as a housekeeping matter that does not result
in a gain or loss of property for either party.
Clint Herbst noted that the City council went through this item. I am not
happy to see it come back. We gave our decision 4 to 1 a month ago.
Bill Fair asked if the City is suffering any harm by giving a simple quit claim
deed. The building has been there 50 years, longer than the City had the
parking lot. The City really hasn't lost anything, and the City really hasn't
gained anything. I see it as a good neighbor thing. If you have a situation
where nobody benefits and no one is harmed, why not just settle it. The
Johnson family has been a taxpayer for a long time. I see it as a tax
assessment for a situation that they did not create.
Bruce Thielen stated that he has dealt with issues like this before in his
position at Wright County. It is not unusual to see situations like this. It
happens all the time in the county by as much as 200 ft. The problem is that
we will spend more time here defending it than what it is worth. Brian
Stumpf stated that this is a precedent -setting issue.
AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND
SECONDED BY CLINT HERBST TO RECONFIRM THE PREVIOUS DECISION
MADE BY THE CITY COUNCIL. Voting in favor: Clint Herbst and Brian
Stumpf. Opposed: Roger Carlson, Bill Fair, and Bruce Thielen. Motion
failed.
Page 4
Council Minutes - 1/27/97
A MOTION WAS MADE BY ROGER CARLSON AND SECONDED BY BRUCE
THIELEN TO GRANT A QUIT CLAIM DEED TO STEVE JOHNSON WITHOUT
REQUIRING COMPENSATION. Voting in favor: Roger Carlson, Bill Fair, and
Bruce Thielen. Opposed: Clint Herbst and Brian Stumpf. Motion carried.
9. Consideration of requests to amend Urban Service Area boundaries
Applicants, Orrin Thompson Homes and Art Anderson
Assistant Administrator O'Neill informed the Council that it is asked to
consider support for modifications to the Urban Service Area boundaries,
which would enable annexation of the Orrin Thompson and Art Anderson
properties. O'Neill noted that according to the agreement with the Township,
the two development areas cannot be annexed until such time that both the
City and the Township agree that the properties should qualify to reside
within the urbanization area boundaries. O'Neill noted that development
has occurred since 1990, which now places the properties adjacent to city
utilities. The properties, therefore, meet the criteria for placement in the
urban service area because they have full and direct access to city utilities.
Clint Herbst was concerned that the City is not following the comprehensive
plan by allowing development to the southeast. O'Neill agreed that the
comprehensive plan does state that development should be encouraged to the
south and west, which in this respect is inconsistent with this request;
however, the plan also states that existing capacity should set the boundaries
for development to the east. The development proposals would use existing
sewer capacity, and no new trunk lines would be needed to support it. The
comprehensive plan also calls for encouraging step-up housing, which will be
achieved with the proposed developments.
O'Neill noted that the next step is to present the request to Monticello
Township.
AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND
SECONDED BY ROGER CARLSON TO APPROVE THE REQUEST TO AMEND
THE URBAN SERVICE AREA BOUNDARIES CONTINGENT ON APPROVAL BY
THE PLANNING COMMISSION. Motion is based on the finding that said
properties now have immediate access to city utilities and thus meet the
criteria for annexation. Motion is also based on the finding that proposed
development is consistent with the comprehensive plan. Voting in favor:
Brian Stumpf, Roger Carlson, Bruce Thielen, and Bill Fair. Opposed: Clint
Herbst. Motion carried.
Page 5
Council Minutes - 1/27/97
10. Consideration of authorizing the City Engineer to prepare designs and
specifications for the State Highway 25/Chelsea Road/I-94 improvements.
Bill Fair noted that Council is asked to determine which alternative for road
alignments is preferred and direct staff to complete preliminary design
documentations. There has been considerable discussion on the topic and
good information provided from staff and constituents. We know there are
pro's and con's to both options. The State wants to proceed with primary
concern as being safety. Second criteria is significant consideration to the
flow of regional traffic.
It is our understandng that the bridge will not be done for 20 years;
therefore, it is important to the State that this project get done. My hope is
to select an option.
Clint Herbst stated that it is a nasty decision no matter what option we take.
He noted that he supported option #3. It was his view that #3 was the least
disruptive of the options.
Bill Fair noted that access design remains a concern for a number of
businesses. He stated that staff will continue to raise issues on behalf of the
business interests.
Roger Carlson noted that he feels confident that the State of Minnesota is
committed to this project.
Bill Fair supported City involvement in the design process because it gives us
more say and more opportunity to establish a plan that meets the needs of
the City.
Bruce Thielen was supportive of option #3 initially. However, after a closer
look, option #2 is the better of the two primarily because land acquisition
costs will be less.
Bill Fair noted that under option #3, the 18 -acre commercial site south of
Silver Fox Motel is bisected, which will diminish value by reducing
flexibility. My opinion is that option #2 is the way to go. Also, there is more
support from the general public for option #2.
Brian Stumpf noted his favorite is option #2. He went on to state that he
wished the State would have taken the lead role.
Page 6
Council Minutes - 1/27/97
AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND
SECONDED BY ROGER CARLSON TO SELECT OPTION #2 AND AUTHORIZE
STAFF TO PREPARE THE DESIGN CONTINGENT ON OBTAINING APPROVAL
FROM WRIGHT COUNTY AND ESTABLISHMENT OF AN AGREEMENT WITH
THE MINNESOTA DEPARTMENT OF TRANSPORTATION. Voting in favor: Bill
Fair, Roger Carlson, Bruce Thielen, Brian Stumpf. Opposed: Clint Herbst.
Motion carried.
11. Consideration of adopting an ordinance amendment governing location and
design of telecommunication towers. Applicant Monticello Planning
Commission.
Chief Building Official Fred Patch noted that he has been working on this
type of ordinance with his previous position at Brooklyn Park. He noted that
he would like to have some time to review the ordinance prior to adoption.
AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND
SECONDED BY CLINT HERBST TO TABLE ADOPTION OF THE ORDINANCE
AMENDMENT GOVERNING TELECOMMUNICATION TOWERS. Motion carried
unanimously.
12. Consideration of transfer of D & K recycling contract to Superior Services.
A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT
HERBST TO TRANSFER THE REMAINING 15 MONTHS OF OUR RECYCLING
CONTRACT TO SUPERIOR SERVICES. Motion carried unanimously.
13. Consideration of participation in feasibility study for multi -city joint sludge
processing facility.
Public Works Director John Simola reported that it is difficult to determine
the benefit to the City in participating in this effort.
AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND
SECONDED BY BRUCE THIELEN TO NOT PARTICIPATE IN A JOINT SLUDGE
FACILITY FEASIBILITY STUDY. Motion carried unanimously.
14. Consideration of adoptinga policy authorizing purchases by City
Administrator and/or Department Heads.
City Administrator Rick Wolfsteller reviewed the purchasing policy, which
requires Council approval even if already in the budget. Discussed the
options. We would continue to give the list of bills.
Page 7
Council Minutes - 1/27/97
Bruce Thielen said he is uncomfortable with expenditures outside of the
budget without separate Council review. I want to make sure that if Council
set such purchases as priorities.
Clint Herbst suggested that the Council go through this year's budget on an
item by item basis because the present Council did not set the budget.
Thielen noted that last year we budgeted for items that never got done. We
are budgeting for it again. If projects were budgeted for but were not
completed, what was the problem.
It was the consensus of Council to establish new budgeting and purchasing
procedures in conjunction with the next budget cycle and associated fiscal
year.
15. Consideration of bills for the month of Januar
A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT
HERBST TO APPROVE THE BILLS FOR THE MONTH OF JANUARY AS
SUBMITTED. Motion carried unanimously.
16. Other matters.
0.. 0 . we
Bill Fair noted that people have approached him regarding annexation
of the Bridge View plat to the city of Monticello. Should we seek legal
opinion as to whether or not we can develop at a density that allows
for urbanization of the area.
After discussion, it was determined that the topic should become a
future agenda item.
B. City Administrator Rick Wolfsteller provided an update on the NSP
legislation. He noted that there are some legislators that are
supportive of exempting personal property which would result in a
shift of revenue from tax base to state aid. Ultimately, it could result
in a net loss in revenue.
Mayor Fair requested that the City Administrator keep Council
apprised.
C. Rick Wolfsteller reported that after additional analysis, it is evident
that the City will benefit by choosing a financing plan for the
wastewater treatment plant that is based on an 18 -month deferral of
Council Minutes - 1/27/97
interest and a 4.08% annual interest rate. Under this program, the
City will pay a slightly higher interest rate, which will be more than
offset by the 18 -month deferral of interest payments.
AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND
SECONDED BY BRIAN STUMPF TO SET TERMS FOR THE WASTEWATER
TREATMENT PLANT FINANCING BASED ON AN 18 -MONTH DEFERRAL
OF INTEREST AND A 4.08% ANNUAL INTEREST RATE. Motion carried
unanimously.
yf
Jeff O'Neill
Assistant Administrator
Page 9