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City Council Minutes 03-10-1997MINUTES REGULAR, MEETING - MONTICELLO CITY COUNCIL Monday, March 10, 1997 - 7 p.m. Members Present: Bill Fair, Roger Carlson, Bruce Thielen, Clint Herbst, Brian Stumpf Members Absent: None 1. Call to order. The meeting was called to order by Mayor Fair. 2. Approval of minutes of the regular meeting held February 24, 1997, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD FEBRUARY 24, 1997, AS WRITTEN. Motion carried unanimously. 3. Consideration of adding items to the agenda. A. Bruce Thielen requested an update on the tree ordinance. B. Bruce Thielen requested an update on development fee survey efforts. C. Bruce Thielen requested council consideration of athletic field lights that the City of Edina was selling. 4. Citizens comments/petitions, requests;, and complaints. Roger Pribyl, Monticello Baseball Association, presented the City with a check for $1000 per their agreement for lighting costs. He also thanked John Simola and Roger Mack for the excellent maintenance on the ballfields. - !_ Bruce Thielen requested that item 5F be removed from the consent agenda for discussion. A. Consideration of confirming a new date for annual Board of Review meeting = Wright County Assessor. Confirm the new Board of Review date of May 7, 1997, at 7 p.m. Page 1 Council Minutes - 3/10/97 B. Consideration of adopting a resolution supporting the formation of a coalition of cities to monitor utility tax reform issues and preparation. Recommendation: Adopt the resolution supporting the formation of the coalition of cities whose purpose will be to work with the utilities but also work independently with our own lobbyist for ensuring that tax reform issues are beneficial to host communities. SEE RESOLUTION # 97-8. C. Consideration of approving application for gambling license renewal -- American Legion Post 260, Recommendation: Accept the report as presented and adopt the resolution approving the application for renewal of the license for the Legion Club. SEE RESOLUTION #97-7. D. Consideration of funding_ publication and advertising expenses associated with the Fire Department 100 -year Anniversary Celebration, Recommendation: To approve $2,000 expenditure for advertising and publication expenses associated with the celebration of the 100 year anniversary of the Fire Department. E. Consideration of authorizing a change in funding level for building department vehicle. This item was removed for discussion. F. Consideration of appointment to Construction Inspector position. Recommendation: To hire Elmer Ohnstad contingent upon successful passing of the physical by the City's health officer, and starting at Step 4 of Grade 8, $15.31 per hour. Clint Herbst requested to see the applications of the top applicants. Jeff O'Neill, Assistant Administrator, stated he would review the data privacy act on this request. Brian Stumpf added the new employee could be introduced at a council meeting. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER CARLSON TO APPROVE ITEMS 5A, 5B, 5C, 5D, 5F AS RECOMMENDED. Motion passed unanimously. 6. Consideration of items removed from the consent agenda for discussion A. Consideration of authorizing a change in fund level for building department vehicle. 1 Fred Patch, Building Official, requested an amendment to a previous motion by Council on February 24, 1997, regarding the purchase of a vehicle for the Development Services Department to not limit the purchase source to the State of Minnesota contract, and to increase the amount budgeted to purchase a vehicle for use by the Development Services Department by $1,650. This price would also include a Page 2 Council Minutes - 3/10/97 sliding door, rustproofing, and undercoating. Patch also explained there is a 90 to 120 -day wait after placing of the order when ordering through the State contract. Councilmember Thielen stated he had ordered through the State Contract and there is a wait because the state orders in volume for the best price. He suggested Patch work with Public Works for use of a vehicle until the van was purchased. COMMISSIONER THIELEN MADE A MOTION, SECONDED BY COMMISSIONER HERBST, TO PROCEED TO PURCHASE A VAN IN ACCORDANCE WITH THE PREVIOUS MOTION. Voting in favor: Bill Fair, Roger Carlson, Bruce Thielen, Clint Herbst. Opposed: Brian Stumpf. Motion carried. 7. Public Hearing --Consideration of vacation of all or a portion of Locust Street between 6th Street and 5th Streets Applicant, City of Monticello. Jeff O'Neill, Assistant Administrator, reported the Council is being asked to conduct a public hearing and consider vacating all or a portion of Locust Street between 6th and 5th Street. This street segment is directly east of the fire hall and west of the proposed Peterson/Grimsmo mortuary site. O'Neill added that at the February 10 meeting of the City Council, Council reviewed a variance request by the City that allowed the mortuary parking lot to encroach on the 5 -ft setback requirement along Locust Street between 6th and 5th Street. The variance request was made by the City and was necessary in order to allow the proposed mortuary to be developed in a manner consistent with the design goals of the proposed MCP redevelopment plan. The developers of the site did not need a variance to develop the site but are willing to work with the City to achieve the MCP design goals. A concern was expressed that the granting of the variance may set a precedent that would open the door to similar requests. On the other hand, it could be argued that the circumstances relating to the variance request are unique. A vacation of a public street is a significant action that should be taken when there is some level of certainty that there is a need for conveying the land into private hands. It appears that the area will be used for an expanded parking lot in the future. However, this is not certain so it might make sense to wait to vacate until the parking lot is ready to be expanded. Mayor Fair opened the public hearing. There were no public comments. Page 3 Council Minutes - 3/10/97 Mayor Fair closed the public hearing. The Council discussed the future of the area and decided because it is not known at this time how the area will developed or what the traffic patterns will be Locust should not be vacated. CLINT HERBST MADE A MOTION SECONDED BRIAN STUMPF TO DENY VACATION OF ALL OR A PORTION OF LOCUST STREET BETWEEN 6TH AND 5TH STREET. Voting in favor: Bill Fair, Bruce Thielen, Clint Herbst, Brian Stumpf Abstaining: Roger Carlson. Motion carried. 8. Public Hearing-- Consideration of adopting a resolution approving the modification of Central Monticello Project No. 1; modification of TIF District No. 1-17 (Fay -Mar); and establishment of TIF District No. 1-22 (Downtown/ Riverfront) and approving the plan relating thereto. 011ie Koropchak, Economic Development Director, stated that this item was a public hearing and is open for comments and questions relating to the modification of Central Monticello Redevelopment Project No. 1; modification of TIF District No. 1-17; and establishment of TIF District No 1-22 and its plan. Mayor Fair requested a separate motion on each project to avoid confusion. First, Koropchak explained the modification of TIF District No. 1-17. The TIF district was approved in 1994 and certified in 1995 for Fay -Mar Tube & Metal Fabrications, Inc. The 11 -year economic district was created for a manufacturing business and to increase the tax and employment base of the city and state. The original project included the construction of a 15,000 sq. ft. manufacturing/office facility at a minimum estimated market value of $400,000. The projected employment was 30 new jobs. In 1996, the company employed 35. Initially, the company received TIF assistance for land acquisition costs in the amount of $50,000. The plan for TIF district No. 1-17 is proposed for modification to increase the budget allowing the HRA the ability to collect the captured tax capacity from the proposed 20,000 sq. ft expansion. The expansion is projected to create 20 new jobs over two years. Koropchak added two considerations, first the district does carry a HACA penalty. The annual increase of the penalty could be up to $14,000 per year due to the expansion. Because the expansion generates sufficient increment, the HRA elected to increase the public improvement costs of the budget within the TIF plan to cover the anticipated loss to the City. The public improvement must be an improvement in the City's general fund. Secondly, the "but for" test must be met. The test asserts that an expansion would not Page 4 Council Minutes - 3/10/97 occur solely through private investment within the near future. The HRA's approval for motivation of TIF District No. 1-17 is subject to evidence of the "but for" test from the developer. Next Koropchak explained the TIF District No. 1-22 which is a redevelopment district with a life duration of 25 years. The establishment of the District will assist in implementing the downtown/riverfront revitalization efforts. The first available tax increment revenue of the district will be from the proposed funeral home project along Walnut Street. It is anticipate that the tax increment will be used to assist with land acquisition, demolition, relocation, or public and site improvement costs associated with redevelopment. The TIF proposal has been identified by the Planning Commission as being consistent with the comprehensive plan. The developer of the funeral home will not receive any direct assistance from tax increment. Mayor Fair opened the public hearing. There were no comments. Mayor Fair closed the public hearing. Mayor Fair noted that establishment of the Downtown/Redevelopment District will provide the City with a financing tool that will help in redevelopment. The Council acted on each TIF district with a separate motion. ROGER CARLSON MADE A MOTION SECONDED BY CLINT HERBST APPROVING THE MODIFICATION OF CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO. 1; MODIFICATION OF TIF DISTRICT NO. 1-17 SUBJECT TO RECEIPT OF EVIDENCE FOR THE "BUT FOR" TEST FROM THE DEVELOPER. Motion passed unanimously. SEE RESOLUTION #97-9. CLINT HERBST MADE A MOTION SECONDED BY ROGER CARLSON APPROVING THE ESTABLISHMENT OF TIF DISTRICT NO. 1-22 BASED ON THE BUILDING OFFICIALS FINDINGS REGARDING THE BLIGHT CRITERIA, EVIDENCE OF THE "BUT FOR" TEST, INCLUDING APPROVAL THAT THE CITY COUNCIL IS WILLING TO MAKE 5% MATCH OF THE ANNUAL TAX INCREMENT. Motion passed unanimously. SEE RESOLUTION #97-11. 9. Consideration of adopting amendments to storm sewer access fee polio Jeff O'Neill, Assistant Administrator, reported the City Council is asked to consider adopting amendments to the storm sewer access fee policy that were reviewed and tabled at the August 25, 1996, meeting of the City Council. In tabling the matter, Council requested that City staff survey other Page 5 Council Minutes - 3/10/97 communities regarding storm water policies. City staff has completed its research and has had the opportunity to meet on three occasions with members of the business community regarding the storm water fee policy. O'Neill reported that it was the consensus of the business group to support the storm sewer access fee amendments as currently presented to the City Council. The group also requested a closer examination of design standards on which the fee structure is based. 1. Design Standards - the design standards proposed are based on centralization of pond systems which will result in long-term maintenance cost savings and will assure productive and efficient use of land. The City Engineer stated that the storm pond design should be based on the critical event for the particular area affected. The critical event is determined by the existing storm sewer system. In some cases the critical event will be a 100-year/24-hour event, in other cases it will be a 100-year/10-day event. 2. Trunk Fee Calculations or adopt a pay as you go approach. The "pay as you go" approach will change this policy to base the fee on the actual area developed and not the entire parcel. 3. Assessment Program - under the current program the trunk storm sewer fee is charged against the entire site at the time of expansion. It is proposed that the trunk storm sewer fee would not be charged against the portion of the site that is already developed. Instead, existing development would be subject to the standard assessment process. Future trunk storm sewer projects would then be assessed against parcels based on what was developed as of the date of the inception of the trunk storm sewer program. 4. The City will allow the property owner to place the cost of the trunk storm sewer fee against the property as an assessment. Thus, the City will collect this trunk storm sewer fee over time. This option improves options FOR project financing. AFTER DISCUSSION, MAYOR FAIR MADE A MOTION, SECONDED BY BRUCE THIELEN, TO DIRECT STAFF TO PREPARE THE NECESSARY ORDINANCE AMENDMENT SUPPORTING THE STORM SEWER ACCESS FEE POLICY AS AMENDED. Motion passed unanimously. 10. Consideration of approval of the Cardinal Hills VI preliminary plat. Applicant, Value Plus Homes. Jeff O'Neill, Assistant Administrator, reported the preliminary plat of phase VI of Cardinal Hills subdivision represents the final phase of the Cardinal Hills residential subdivision. The plat consists of 36 lots located on the Page 6 Council Minutes - 3/10/97 easterly boundary of the property. There does not appear to be any major unresolved land use or subdivision design issues associated with this preliminary plat; therefore, consideration of this matter is virtually a housekeeping matter. This plat features double -front lots on Fenning Avenue and School Boulevard. A coordinated landscaping plan would incorporate the tree requirements for the individual lots with a boulevard tree planting program administered by the Parks Commission. O'Neill added the Planning Commission identified a significant problem with the City's public nuisance ordinance as it relates to maintenance of ground cover areas of private lots separated from the main portion of the lot by a pond. Most of the property owners do not wish to mow their remnant property across the pond, thus resulting in an enforcement problem and an associated public relations issue. To solve the problem, the Planning Commission proposed to have the Parks Commission identify a plan for establishment of inexpensive but attractive low maintenance ground cover on the street side of the ponds. The plan could include hiring a landscaping firm to plant the seed and manage it for a period of years until it is self- sustaining. The area encompassed by the seeding would be covered under a landscaping easement. The land would continue to be under private ownership which means that the area residents would continue to be responsible for cleaning up debris and litter. The City would be responsible for maintenance of the ground cover for a period of years. This plan would require the city mowing of the boulevard areas along the edge of the roadway. It was suggested to use this development as a "test pilot" for the landscape easement. O'Neill noted that the cost of developing an attractive landscape will be offset by a deduction in public nuisance enforcement costs. Tom Holthaus and Matt Holker, Cardinal Hills IV developers, stated they were willing to work with the City on a landscape easement if maintenance of the landscape area did not return to them at the end of the "test". Staff assured Holthaus and Holker that the land would return to the property owners not the developers. Clint Herbst did question if this would create too many small projects for the City and add maintenance costs that could be avoided with the responsibly for maintenance left with the property owner. Brian Stumpf was concerned about turning the property back in the future that people might not want to accept the responsibility in the future. Bruce Thielen stated this is a very visible intersection and if it will improve the aesthetics of the area it should be considered. Thielen also added the City's grass and weed ordinance should be amended to allow for longer ground cover in certain areas. Mayor Fair stated this would only be a test site and perhaps this approach will cut City expenses and result in more attractive pond areas. Page 7 Council Minutes - 3/10/97 BRUCE THIELEN MADE A MOTION, SECONDED BY ROGER CARLSON, TO APPROVE THE PRELIMINARY PLAT OF CARDINAL HILLS IV CONTINGENT ON DEVELOPMENT OF A COORDINATED LANDSCAPING PLAN AND THE DEVELOPER PROVIDING A THREE-YEAR LANDSCAPING EASEMENT. THE CITY WILL BE RESPONSIBLE FOR INSTALLATION AND MAINTENANCE OF A LOW MAINTENANCE GROUND COVER, FOR A PERIOD OF THREE YEARS, ON THE STREET SIDE OF THE POND. Voting in favor: Bill Fair, Bruce Thielen, Roger Carlson. Opposed: Brian Stumpf, Clint Herbst. Motion passed. 11. Consideration of adoption of amendments to subdivision design standards pertaining to street width and boulevard tree1p anting locations. Jeff O'Neill, Assistant Administrator, reported the City Council tabled amendments to the street width standards and established a committee to determine standards that would be acceptable to all parties concerned. The committee had completed it's study and had established a table for street widths ranging from 28' to 36', the table included sidewalks. In addition to reviewing street width standards, the group discussed the proper location of boulevard tree planting. The proposed ordinance change would allow tree planting at a location of 6 ft to 10 ft from the curb depending on sidewalk and joint trench locations. Scott Hill, resident, inquired if the same criteria would be used on existing streets in areas of the city that needed repair. O'Neill answered that the amendment would apply only to new subdivisions and this amendment would not apply to rebuilding existing streets. BRIAN STUMPF MADE A MOTION, SECONDED BY CLINT HERBST, TO COMBINE THE A-28' STREET WIDTHS, B-30' STREET WIDTH, AND C-32' STREET WIDTHS ALL TO THE 32' STREET WIDTH REQUIREMENTS (Drop 28', and 30'). Voting in favor: Brian Stumpf, Clint Herbst. Opposed: Bill Fair, Bruce Thielen, Roger Carlson. Motion failed. BRUCE THIELEN MADE A MOTION, SECONDED BY ROGER CARLSON, TO APPROVE THE PROPOSED AMENDMENTS TO THE STREET WIDTH DESIGN STANDARDS AND BOULEVARD TREE PLANTING LOCATIONS. Voting in favor: Bruce Thielen, Roger Carlson, Bill Fair. Opposed: Brian Stumpf, Clint Herbst. Motion passed. 12. Consideration of ado ting an inducement resolution giving preliminary approval for application of Industrial Revenue Bonds for the Standard Iron & Wire Works, Inca project. 011ie Koropchak, Economic Development Director, requested Bill Demeules, owner of Standard Iron & Wire Works, explain his project to the Council. Page 8 Council Minutes - 3/10/97 Bill Demeules, owner of Standard Iron & Wire Works, explained the proposed project included the construction of a metal material storage building ($60,000) and the purchase of additional equipment ($1,240,000). The company had determined the use of Industrial Revenue bonds (IR) as an economical and feasible financial option. A maximum of 32 new jobs are projected. The name of the City of Monticello is used only, and the City had no liability nor expense related to the bonds. Clint Herbst confirmed the statement that there is no ramification to the City. It is similar to Presbyterian Homes request for use of the City's name in the development of Mississippi Shores. BRIAN STUMPF MADE A MOTION, SECONDED BY BRUCE THIELEN, TO ADOPT THE INDUCEMENT RESOLUTION. Motion passed unanimously. SEE RESOLUTION #97-10. 13. Other matters A. Bruce Thielen inquired if the sanitary sewer rates had been reviewed recently. This item had not been reviewed. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT HERBST TO RESEARCH THE SANITARY SEWER HOOKUP FEES AND BRING RESULTS TO THE NEXT COUNCIL MEETING. Motion passed unanimously. B. Bruce Thielen requested the Council consider purchasing ballfield lights from the city of Edina. The City had replaced the lights and were selling 150 for $25 a piece. Purchase price for new lights is around $250 a piece. If 150 lights are purchased, the total will be $3, 750. AFTER DISCUSSION BRUCE THIELEN MADE A MOTION, SECONDED BY CLINT HERBST, TO AUTHORIZE STAFF TO PURCHASE UP TO 150 LIGHTS SUBJECT TO MEETING STAFFS APPROVAL. Motion passed unanimously. 14. Adjournment, A MOTION WAS MADE BY BRUCE THIELEN, SECONDED BY BRIAN STUMPF, TO ADJOURN THE MEETING. Motion passed unanimously. Wanda Kraemer Development Services Technician Page 9