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City Council Minutes 02-24-1997MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, February 24, 1997 - 7 p.m. Members Present: Bill Fair, Roger Carlson, Bruce Thielen, Clint Herbst, Brian Stumpf Members Absent: None 2. Approval of minutes of the r if eting held Jan-j&j�.27- and the regular meeting held February 10, 1997, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER CARLSON TO APPROVE THE MINUTES OF THE REGULAR, MEETING HELD JANUARY 27, 1997, AS WRITTEN. Motion carried unanimously. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD FEBRUARY 10, 1997, AS WRITTEN. Motion carried unanimously. 3. Consideration of adding items to the agenda. A. Mayor Fair requested that the purchase of marketing items using the city logo be discussed at the end of the meeting. B. Mayor Fair requested that the number of available liquor licenses be discussed at the end of the meeting. 4. Citizens comments/petitions, requests, and complaints. None. 5. Consent ag nd . Mayor Fair requested that item 5D be removed from the consent agenda for discussion. A. Consideration of a resolution authorizing issuance of G.O. Revenue Bond Purchase Agreement and Loan Agreement with Public Facilities Authority - WWTP loan. Recommendation: Adopt a resolution authorizing the issuance of G.O. Revenue Bond Purchase Agreement and Loan Agreement with Public Facilities Authority for the wastewater treatment plant expansion. SEE RESOLUTION 97-4. Page 1 Council Minutes - 2/24/97 B. Consideration of waiving statutory liability limits for City insurance renewals. Recommendation: Do not waive the monetary limits on tort liability established by Minnesota Statute 466.04, C. Consideration of confirming date for annual Board of Review meeting Wright County Assessor. Recommendation: Confirm the Board of Review date as May 6, 1997, at 7 p.m. D. Consideration of adopting a resolution supporting the formation of a coalition of cities to monitor utility tax reform issues and preparation of statistical data. Removed from the consent agenda for discussion. E. Consideration of appointment to HRA Commission. Recommendation: Approve appointment of Dan Frie to the HRA effective immediately, with term expiration date of December 1998. F. Consideration of amendments to building permit moratorium which would allow maintenance activities not exceeding 25% of market value. Recommendation: Adopt a resolution updating the interim ordinance establishing a moratorium on issuance of building permits pending completion of a redevelopment study and associated zoning code amendment by adding a provision which allows maintenance activities not exceeding 25% of market value. SEE RESOLUTION 97-5. G. Consideration of Parks Commissioner appointment. Recommendation: Approve appointment of Rick Traver to the Parks Commission effective immediately, with term expiration date of December 1998. H. Consideration of authorization to issue a building permit in the Downtown Redevelopment Area for the addition of an entry vestibule and interior remodeling at IDS Telecom 316 Pine Street, Monticello, Minnesota. Recommendation: Approve issuance of a building permit to TDS Telecom for a 70 sq ft addition at 316 Pine Street based on the finding that the proposed development will not impact the City's ability to implement redevelopment plans. I. Consideration of ordering feasibility study for development of 3 pathway segments and reconstruction of Meadow Oak Aathways. Recommendation: Authorize preparation of feasibility study for construction of a pathway connecting Ellison Park to Mississippi Drive, a pathway along County Road 118 connecting the Middle School with CSAH 75, a pathway connecting the Meadow Oak area to the Page 2 Council Minutes - 2/24/97 school campus area, a pathway connecting the Meadow Oak/Briar Oakes/Oak Ridge area to the Middle School, and reconstruction of pathways in the Meadow Oak area. A MOTION WAS MADE BY ROGER CARLSON AND SECONDED BY BRUCE THIELEN TO APPROVE ITEMS 5A, 5B, 5C, 5E, 5F, 5G, 511, AND 5I OF THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously. 6. Consideration of items removed from the consent agenda for discussion. 51). Consideration of adopting a resolution supporting the formation of a coalition of cities to monitor utility tax reform issues and preparation of statistical data. City Administrator Rick Wolfsteller reported that he has attended a number of meetings regarding tax legislation proposed by NSP and other investor-owned utilities attempting to eliminate electric generating facilities from paying personal property tax. A number of communities rely heavily on utility companies' personal property tax in calculating their overall value. In Monticello's case, if the entire personal property owned by NSP was no longer taxable, the City would lose approximately 57% of its overall city base. Wolfsteller explained that although a replacement type of revenue would likely be proposed, many questions remain unanswered with no guarantee of revenue replacement for those cities affected. Future ramifications of the decreased tax base include downgrading of the City's bond rating, which would make borrowing more costly in the future, and the loss of future ability to raise taxes for any general purpose. In order to protect cities interests, the coalition group requested that each individual city adopt a resolution agreeing to participate in the coalition to oppose and monitor legislation in the future. In addition, the group recommended that the law firm of Flaherty and Koebele, a St. Paul lobbyist group, be retained at a cost of up to $2,000 per city. Mayor Fair requested that this item be tabled to the next Council meeting pending the outcome of meetings scheduled for February 26 and February 27. He preferred that the City obtain additional information and inform NSP of their concerns before taking an adversarial position. Wolfsteller noted that a two-week delay in joining the coalition probably wouldn't cause any problem; however, NSP continues to lobby and pursue the legislation at this time. Page 3 Council Minutes - 2/24/97 After discussion, it was the consensus of Council to table adoption of the resolution joining the coalition until the March 10 Council meeting. 7. Consideration of approval of preliminary plat of Klein Farms Phase III residential subdivision. Assistant Administrator Jeff O'Neill reported that the Planning Commission conducted a public hearing regarding the preliminary plat of Klein Farms Phase III residential subdivision and recommended approval contingent on changes identified by the City Planner and Planning Commission. It was also recommended that final street and sidewalk design requirements should be subject to potential street design modifications that will be reviewed on March 10. Planner Steve Grittman explained that a number of revisions had been made to the preliminary plat from staff reports and Planning Commission review. It was recommended that east/west pedestrian access to the park be created by installing a pathway along the south side of School Boulevard. In addition, Planning Commission recommended that pathways or sidewalks be installed on both sides of Country Lane and Farmstead Drive; however, the developer requested that sidewalks be installed on one side of each street. It was noted that pedestrian traffic from the subdivision can use local roads to important destination points without the need for the sidewalk on School Boulevard. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BILL FAIR TO ELIMINATE THE REQUIREMENT OF PROVIDING SIDEWALKS ALONG THE SOUTH SIDE OF SCHOOL BOULEVARD. AFTER FURTHER DISCUSSION, CLINT HERBST AMENDED HIS MOTION TO STATE THAT A PATHWAY IS TO BE EXTENDED FROM FROM FARMSTEAD DRIVE TO FALLON AVENUE. Amendment to the motion was seconded by Brian Stumpf and carried unanimously. Council then discussed the landscape plan. Developer Tony Emmerich stated that he would abide by the existing zoning ordinance, which requires planting two trees per frontage. Councilmember Thielen stated that he would like to see the developer work with the Parks Commission. Assistant Administrator O'Neill noted that the Parks Commission could use a portion of the shade tree program budget for this purpose.. City Engineer Weiss requested that Council also require the developer to extend the lot lines through the pond on the west side of the plat. Page 4 Council Minutes - 2/24/97 AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO DELAY MAKING A DECISION ON SIDEWALKS ALONG COUNTRY LANE AND FARMSTEAD DRIVE AND THE LANDSCAPE PLAN FOR THE DEVELOPMENT UNTIL CONSIDERATION OF THE FINAL PLAT. MOTION INCLUDED APPROVAL OF THE PRELIMINARY PLAT SUBJECT TO THE FOLLOWING CONDITIONS: A. A PATHWAY IS TO BE PROVIDED ALONG THE SOUTH SIDE OF SCHOOL BOULEVARD FROM FARMSTEAD DRIVE TO FALLON AVENUE. B. THE POND WHICH LIES WITHIN THE PARK IS DESIGNED AND CONFIGURED TO ALLOW PEDESTRIAN PASSAGE BETWEEN SUCH POND AND THE ADJACENT RESIDENTIAL LOTS WHICH LIE TO THE WEST. C. THE PARKS COMMISSION TO PROVIDE A RECOMMENDATION AS TO THE REMOVAL OR ADAPTATION OF EXISTING STRUCTURES WHICH LIE WITHIN THE DESIGNATED PARK AREA. D. TO THE EXTENT POSSIBLE, ALL SIGNIFICANT TREES (AS DETERMINED BY THE CITY) ARE PRESERVED. E. THE SUBMITTED GRADING AND EROSION CONTROL PLAN IS SUBJECT TO REVIEW AND APPROVAL BY THE CITY ENGINEER. F. THE SUBMITTED UTILITY PLAN IS SUBJECT TO REVIEW AND APPROVAL BY THE CITY ENGINEER. G. LOT LINES ON THE WEST SIDE OF THE PLAT SHALL BE EXTENDED THROUGH THE PONDING AREA. H. 6 -FT CONCRETE SIDEWALKS FOR COUNTRY LANE AND FARMSTEAD DRIVE WILL BE DETERMINED AT FINAL PLAT APPROVAL. I. THE LANDSCAPE PLAN, WHICH SPECIFIES REAR YARD LANDSCAPING SCREENING METHODS ALONG SCHOOL BOULEVARD AND OAKWOOD DRIVE, WILL BE CONSIDERED AT FINAL PLAT APPROVAL. THE PLAN SHOULD COMBINE THE STANDARD LANDSCAPING REQUIREMENT FOR DOUBLE - FRONTING LOTS WITH THE BOULEVARD PLANTING PROGRAM AS ESTABLISHED BY THE PARKS COMMISSION. Motion carried unanimously. Page 5 Council Minutes - 2/24/97 8. Consideration of an ordinance amendment to Chapter 23 of the zoning ordinance governing the variance process. Applicant., Monticello Planning Commission. Planner Steve Grittman reported that the current process for zoning variances provides for final decision by the Planning Commission unless appealed, in which case the variance would then be considered by the City Council. The proposed ordinance amendment would streamline the procedure by requiring that Planning Commission conduct the public hearings and then make a recommendation to the City Council for final approval. It was staff s view that the process would be easier to explain to applicants under the proposed ordinance amendment and would not result in additional unnecessary discussions by the Council because the variance requests would be submitted under the consent agenda. Councilmember Herbst noted that the change might reduce the perceived authority of the Planning Commission, and the benefits of streamlining the process did not offset this potential effect. Therefore, he believed that the ordinance should remain as written. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO DENY THE ORDINANCE AMENDMENT GOVERNING THE VARIANCE PROCESS. Voting in favor: Clint Herbst, Roger Carlson, Bruce Thielen, Bill Fair. Opposed: Brian Stumpf. It was Stumpf s view that Council should support efforts to streamline procedures where possible. Motion carried. 9. Consideration of accepting the year-end EDA financial statements, activity report, and 1997 proposed budget. Economic Development Director 011ie Koropchak reviewed the year-end EDA financial statements, activity report, and 1997 proposed budget, which were approved by the EDA at their February 11 meeting. Koropchak noted that the GMEF fund balance at the end of 1996 was $942,170.58. The GMEF 1997 cash flow projections were estimated at total receipts of $282,040.84, for a total beginning balance and receipts of $557,369.01, and expenditures were estimated at $226,080. The expected cash balance for December 1997 was estimated at $331,289.01. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO ACCEPT THE EDA BALANCE SHEET; STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE; 1997 CASH FLOW PROJECTIONS; AND THE ANNUAL ACTIVITY REPORT AS PRESENTED. Motion carried unanimously. Page 6 Council Minutes - 2/24/97 10. Consideration to review year-end fund balances of UDAG and SCERG funds. Economic Development Director 011ie Koropchak reviewed the year-end financial report for the Urban Development Action Grant (UDAG), which was a federal grant to the City of Monticello for a loan to Fulfillment Systems, Inc. The principal and interest payback began in 1988 and will end in 2000. Revenues were reported at $296,396.12, with expenditures of $227,500, for a fund balance of $68,896.12. Koropchak also reviewed the year-end financial report of the Small Cities Economic Recovery Grant (SCERG), which was a state grant to the City for a loan to the Aroplax Corporation. The principal and interest payback began in 1992 and will end in 1999. Revenues were reported at $129,483.04, with $0 expenditures, for a fund balance of $129,483.04. No action was required by Council. 11. Consideration of authorization to purchase a vehicle for the Building Inspections Department/Development Services as authorized in the 1997 City Budget. Chief Building Official Fred Patch requested Council consideration of the purchase of a vehicle for the building department for which $14,000 was included in the 1997 budget. Three quotes were received for used Dodge Caravans ranging from $12,850 to $14,890. Patch noted that Ninety -Four Services, Inc., of Monticello had the best vehicle for the price quoted at $13,100. Councilmember Bruce Thielen noted that the City could purchase a new vehicle through the state contract for an additional $4,000. It was his recommendation that the City authorize purchase of a new van with all the warranties rather than a used vehicle. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO AUTHORIZE FRED PATCH TO PURCHASE A NEW 1997 VAN THROUGH THE STATE CONTRACT AT A COST NOT TO EXCEED $19,000. Motion carried unanimously. 12. Consideration of change order policy for wastewater treatment plant project. Public Works Director John Simola noted that one of the delay -causing issues identified during the wastewater treatment plant partnering workshop was timely approval of key change orders. Because the schedule for the Page 7 Council Minutes - 2/24/97 treatment plant is extremely tight, Simola requested that Council approve a policy to handle change orders which could cause delays in the project if held for approval at a Council meeting. The proposed policy would authorize the City Administrator and Public Works Director to approve individual change orders costing $10,000 or less with a maximum cumulative amount of $50,000 when bringing such change orders to Council would cause a delay. In all other instances, change orders would be authorized by the Council. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO ADOPT A RESOLUTION APPROVING THE CHANGE ORDER POLICY AS PROPOSED FOR THE WASTEWATER TREATMENT PLANT EXPANSION PROJECT. Motion carried unanimously. SEE RESOLUTION 97-6. 13. Consideration of value engineering amendment to A & P's contract for wastewater treatment1p ant. Public Works Director John Simola reported that City staff, HDR, PSG, and Adolfson & Peterson and their subcontractors recently attended a two-day partnering workshop to further the development of a team approach to construction of the treatment plant. While cost-saving measures do appear occasionally in projects, the majority of change orders involve additional costs. He noted that many "metro" projects have used construction incentive change proposals to assist in lowering the project's cost to stay within budget. This allows for savings being split 50/50 between the City and the contractor when a specific cost-saving measure less than $100,000 originates from a contractor and is approved by all parties. Any changes resulting in a total savings of more than $100,000 would be negotiated individually. It was proposed by the Monticello wastewater treatment plant partnering team that the City Council consider adding an amendment to A & P's contract to include construction incentive change proposals. A MOTION WAS MADE BY ROGER CARLSON AND SECONDED BY CLINT HERBST TO APPROVE AN AMENDMENT TO ADOLFSON & PETERSON'S CONTRACT ADDING THE CONSTRUCTION INCENTIVE CHANGE PROPOSAL AS PRESENTED. Motion carried unanimously. 14. Consideration of authorizing funding of Riverfest fireworks display. Assistant Administrator O'Neill reported that in 1996 the City funded the fireworks display that occurred on Sunday of the Riverfest weekend. Page 8 Council Minutes - 2/24/97 Because the event was a success, $10,000 was budgeted in 1997, and Council was asked to consider authorizing expenditure of these funds for the 1997 fireworks display. Councilmember Herbst requested that the City purchase the same package as was displayed in 1996 but not to exceed $10,000. Council also discussed whether the fireworks should be displayed in the same area as last year or over the Mississippi River near Ellison Park. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO AUTHORIZE FUNDING OF THE RIVERFEST FIREWORKS USING THE SAME PACKAGE AS DISPLAYED IN 1996, NOT TO EXCEED $10,000. Motion carried unanimously. Mayor Fair also requested that the public works department install 220 wiring at the Ellison Park gazebo as requested by the Lions Club. 15. Consideration of bills for the month of February. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO APPROVE THE BILLS FOR THE MONTH OF FEBRUARY AS PRESENTED. Motion carried unanimously. 16. Other matters. A. Mayor Fair requested that Council consider purchasing items using the city logo to be given as mementos to guests of the City. Staff researched the cost of coffee cups with the city logo, which was estimated at $700-$800 for 144 cups. Economic Development Director 011ie Koropchak noted that the Industrial Development Committee has also discussed purchasing marketing items and that there may be money available in the economic development fund for such purchases. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO DIRECT OLLIE KOROPCHAK TO RESEARCH AND PURCHASE MARKETING ITEMS FOR THE CITY USING FUNDS FROM THE ECONOMIC DEVELOPMENT BUDGET, NOT TO EXCEED $2,000. Voting in favor: Bruce Thielen, Roger Carlson, Bill Fair. Opposed: Clint Herbst, Brian Stumpf. Motion carried. Page 9 Council Minutes - 2/24/97 B. Mayor Fair reported that he received a letter from Dan Frie, representing the Monticello Country Club, noting concerns about the lack of liquor licenses available in the city at this time. The Country Club plans to expand and would like to obtain a liquor license. City Administrator Wolfsteller noted that Monticello would not be eligible to issue additional liquor licenses until the population exceeds 10,000 unless a referendum is held and a majority votes to approve the issuance of additional licenses. Mayor Fair directed staff to get in touch with Dan Frie regarding the Country Club's time table for expansion so that the City has some idea of when a possible referendum would be held. C. City Administrator Rick Wolfsteller noted that the Wright County Civil Defense Director requested a meeting with the City Council for the purpose of introducing them to the NSP representative. It was the consensus of Council to meet with the Wright County Civil Defense Director and NSP representative at 6 p.m., Monday, March 10, 1997, at city hall. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO ADJOURN THE MEETING. Motion carried unanimously. l.� Karen Doty Office Manager Page 10