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City Council Minutes 02-26-1996MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, February 26, 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 regular meeting held February 12 1996 A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD FEBRUARY 12, 1996, AS WRITTEN. Motion carried unanimously. 3. Consideration of adding items to the agenda. A. Consideration of an offer to buy a home and 365 ft of riverfront property west of Bridge Park. Assistant Administrator Jeff O'Neill informed Council that the realtor representing the owners of a riverfront home west of Bridge Park, Block 64, Lots 1-5, made an offer of $143,000 for the City to buy their home and property. The amount was based on an appraisal authorized by the HRA minus $20,000, which was the estimated cost to repair recent fire damage to the home. This estimate was based on a preliminary review of the fire damage by the insurance adjuster. O'Neill noted that prior to the fire damage occurring, the Planning Commission and Parks Commission recommended that the HRA purchase the property due to the presence of a willing seller and the unique opportunity to purchase riverfront property, which they believed would be a key component in the downtown/riverfront development plan. In addition, purchasing the property would be consistent with the preliminary comprehensive plan, which identifies improved use of riverfront property as a goal. Waiting to purchase the property in the future would add a great deal to the cost since the owners would likely repair the fire damage to the home and perhaps rebuild the garage that was recently lost. O'Neill stated, however, that staff was concerned that the cost to restore the home would be more than $20,000; therefore, it was recommended that the fire damage amount be reviewed and determined jointly by a City representative and a representative from the insurance agency. Page 1 Council Minutes - 2/26/96 Parks Commission member Earl Smith stated that the Parks Commission believes purchasing this property would be an opportunity for the City to boost the current development efforts of the community and would begin the extension and use of the riverfront. Dick Frie, Chair of the Planning Commission, noted that the commissions were looking for direction from the Council and that it would make sense to purchase the property now with the intent to develop in the future. Public Works Director John Simola informed Council that the sanitary sewer and street abutting the property would need replacing in the future; however, improvements would not be necessary in the future if the City purchased the property at this time. HRA Chairperson Al Larson reported that the HRA was not comfortable purchasing property without a development plan, and it was their view that the decision should be made by the Council. He also noted that the HRA was not against purchasing the property; however, their attorney had informed them that it may be difficult for the HRA to legally purchase the property using tax increment financing (TIF), as it's not considered a blight area and would not generate any revenue for a TIF district. Assistant Administrator O'Neill noted that the property is identified for potential purchase in the redevelopment plan and that, statutorily, the HRA would have the authority to purchase it if it so desires. Larson suggested that once the redevelopment plan is completed, the HRA could buy the property back from the City. Rich Carlson, real estate agent for the property owner, noted that the sellers accepted the terms of the previous purchase offer made by the HRA but requested an increase in the option amount from $2,500 to $5,000; however, due to the recent fire, the sellers would like a decision rendered so that either the sale can take place or they can repair the home and move back in. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY CLINT HERBST TO AUTHORIZE PURCHASE OF BLOCK 64, LOTS 1-5, AT A PRICE ESTABLISHED BY COUNCIL OR BY A SECOND APPRAISAL. City Attorney Paul Weingarden reminded Council that the seller's insurance company is a third party in the transaction, over which the City would have no control. Page 2 Council Minutes - 2/26/96 AFTER DISCUSSION, THE MOTION WAS AMENDED BY SHIRLEY ANDERSON AND SECONDED BY CLINT HERBST TO APPROVE THE PURCHASE OF BLOCK 64, LOTS 1-5, AT THE APPRAISED VALUE OF $163,000 MINUS A FIRE DAMAGE AMOUNT TO BE DETERMINED JOINTLY BY A CITY REPRESENTATIVE AND A REPRESENTATIVE FROM THE INSURANCE AGENCY. COUNCIL WILL REVIEW VALUES AT THE REGULAR COUNCIL MEETING SCHEDULED FOR MARCH 11, 1996. Voting in favor: Shirley Anderson, Clint Herbst, Brian Stumpf, Tom Perrault. Opposed: Brad Fyle. It was Fyle's view that the property should be purchased with HRA funds rather than the City general fund. Motion passed. 4. Citizens comments/petitions, requests, and complaints. None. 5. Consent agenda. A. Consideration of confirming annual Board of Review date for 1996 Recommendation: Confirm the Board of Review date as May 8, 1996, at 7 p.m. Amended by Council: Set Board of Review date for May 15, 1996, at 7 p.m. B. Consideration of authorizing Junk Amnesty Day. Recommendation: Authorize Saturday, May 4, 1996, as the 9th Annual Junk Amnesty Day in Monticello and direct staff to prepare the activities based upon those provided last year. C. Consideration of approving annual CSAH maintenance agreement with Wright n y. Recommendation: Approve the annual CSAH maintenance agreement with Wright County as proposed. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO APPROVE ITEMS B AND C ON THE CONSENT AGENDA AS RECOMMENDED AND APPROVE ITEM A AS AMENDED BY COUNCIL. Motion carried unanimously. •. Public Hearing- 11. !• .. 1_I. of vacation 1. . portion of Meade • z• ..c consideration of vacating utility easements located along the, aQuthern boundary Qf Lot 8, Block 1, Meadow Oak 4th Addition, Applicant, Coo 1 i Mayor Fyle opened the public hearing. Page 3 Council Minutes - 2/26/96 Assistant Administrator O'Neill reported that Cook Construction requested vacation of a portion of Meadow Lane, which would create a larger lot for home development on Lot 8, Block 1, Meadow Oak 4th Addition. Because there would be only a simple pedestrian path extended to the west of this location rather than a roadway to connect Meadow Oak 4th Addition and Briar Oakes Estate, there did not appear to be a problem with vacating 15 ft of the road right-of-way. In addition, the request included vacation of the existing 12 -ft utility easement on the southern boundary of the lot, which would then be re-established on the new lot line in the area of the former roadway. O'Neill went on to note that the original request heard by the Planning Commission was for a variance to the 20 -ft corner lot side yard setback requirement; however, Planning Commission denied the variance request based on the finding that a hardship was not demonstrated. It was the Planning Commission's recommendation that the City vacate 15 ft of the unnecessary roadway and 12 -ft utility easement. Mayor Fyle closed the public hearing. After discussing the pro's and con's of vacating a portion of the roadway, it was concluded that the proposed home could be built on the lot by vacating 5 ft of the utility easement and that the lot did not constitute a corner lot because the former roadway is now intended for pathway purposes only; therefore, the 20 -ft corner lot side yard setback would not apply. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO APPROVE VACATING 5 FT OF THE UTILITY EASEMENT ALONG THE SOUTHERN BOUNDARY OF LOT 8, BLOCK 1, MEADOW OAK 4TH ADDITION, BASED ON THE FINDING THAT BECAUSE THE AREA SOUTH OF THE LOT WILL NEVER BE DEVELOPED AS A ROADWAY, THE LOT DID NOT QUALIFY AS A CORNER LOT; THEREFORE, THE HOME MAY BE BUILT USING 15 -FT SETBACK BETWEEN STRUCTURES, WITH AMPLE ROOM REMAINING FOR ANY UTILITY REPAIRS NEEDED IN THE FUTURE. Motion carried unanimously. 7. Consideration of appeal of Eastwood Knoll Architectural Review Board decision pertaining to architectural significance of proposed 6/12 roof ip tch Location is Lot 2, Block 1, Eastwood Knoll Applicant, John Bichler. Assistant Administrator O'Neill reported that John Bichler was appealing the recent decision of the Architectural Review Board to deny approval of building plans for a home with a roof pitch of 6/12. According to the restrictive covenants for the Eastwood Knoll subdivision, all homes must have a roof pitch of 8/12 or greater unless it is shown that there is Page 4 Council Minutes - 2/26/96 "architectural significance" associated with a shallower pitch. The Board based their denial on the finding that the ranch style home as proposed did not demand a 6/12 pitch; however, John Bichler disagreed, noting that the larger roof presence created by an 8/12 pitch would detract from the appearance of the home. Charles Bichler, attorney for John Bichler, stated that the Architectural Review Board has the authority to approve the 6/12 pitch based on the finding that the 40 -ft width of the home is architecturally significant, and the 8/12 pitch would detract from the curb appeal and make the home unbalanced. He stated that approving this plan would not violate the covenants due to the width of the home; however, a smaller home with a 6/12 pitch would be a violation. John Bichler noted that he has agreed to include an 8/12 roof pitch on the garage. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY TOM PERRAULT TO DENY APPEAL OF THE EASTWOOD KNOLL ARCHITECTURAL REVIEW BOARD AND OFFER TO BUY THE LOT BACK FROM BICHLER AT THE ORIGINAL PURCHASE PRICE. Voting in favor: Clint Herbst, Tom Perrault, Shirley Anderson. Opposed: Brian Stumpf, Brad Fyle, as it was their view that the 40 -ft width of the home would meet the architecturally significant exception. Motion passed. 8. Consideration of adopting an employee drub' and alcohol testing policy for drivers of commercial motor vehicles. City Administrator Rick Wolfsteller reported that in 1991, Congress expressed concern with the abuse of alcohol and drugs in the transportation industry and adopted the Omnibus Transportation Employee Testing Act. This federal legislation required transportation workers performing safety sensitive driving functions to submit to pre-employment, post -accident, random, reasonable suspicion, and return -to -duty and follow-up alcohol and drug testing. Wolfsteller noted that the City of Monticello must now comply with the federal rules and regulations for conducting testing as outlined. It was suggested that the City join forces with the Association of Minnesota Counties/Minnesota Counties Insurance Trust Medtox Drug and Alcohol Testing Program. In addition, he recommended that the Council adopt the proposed drug and alcohol testing policy outlining the circumstances under which testing will occur, procedure for testing, rights of the employees, and ramifications of refusing to take a test or failure to pass a test. Page 5 Council Minutes - 2/26/96 Councilmember Herbst suggested that the City check into joining a larger testing pool, which can reduce some of the expense of the program. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO ADOPT THE EMPLOYEE DRUG AND ALCOHOL TESTING POLICY FOR COMMERCIAL MOTOR VEHICLE DRIVERS AS PRESENTED, AND DIRECT THE CITY ADMINISTRATOR TO INVESTIGATE WHETHER THE CITY CAN JOIN A LARGER TESTING POOL. Motion carried unanimously. 9. Consideration of ap rp Quin- plans and specifications for replacement of first ttage�igester cover and mixer at the wastewater treatment plant and authorization to advertise for bids. Public Works Director John Simola reported that staff had initially assumed that the first stage digester cover could be replaced with the upgrade of the entire wastewater treatment plant; however, recent inspections have shown the cover to be in extremely poor condition, and HDR has suggested that the City replace the cover with a floating cover identical to the one on the second stage digester, which would also require an external mixer on the side of the tank. Simola noted that a portion of the 15% contingency funds will be used to cover the cost of the two mixers. He estimated the cost of replacement of the first stage digester with one mixer without contingencies at $230,000. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO APPROVE THE PLANS AND SPECIFICATIONS FOR REPLACEMENT OF THE FIRST STAGE DIGESTER COVER AND MIXER AT THE WASTEWATER TREATMENT PLANT AND AUTHORIZE ADVERTISEMENT FOR BIDS RETURNABLE MARCH 22, 1996. Motion carried unanimously. 10. Consideration of setting public information meeting on biosolids facility application. Public Works Director Simola reported that staff is in the process of assembling final data to be used for application to the PCA to operate a biosolids facility on the Bohanon farm. Staff requested that Council set a date for a public information meeting in order to share information with the general public and neighbors of the site prior to application to the PCA. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO SET MARCH 25, 1996, AT 6 P.M., AT CITY HALL, AS A PUBLIC INFORMATION MEETING REGARDING BIOSOLIDS FACILITY APPLICATION. MOTION INCLUDES PUBLISHING A NOTICE IN THE MONTICELLO TIMES AND MAILING NOTICE OF THE MEETING TO NEIGHBORS AROUND THE BIOSOLIDS SITE. Motion carried unanimously. Page 6 Council Minutes - 2/26/96 CommitteeConsideration of authorizing City staff to work with RiverA3W*,rff4, on fireworks Assistant Administrator O'Neill reported that Mayor Fyle and other members of the Council had requested that staff research the cost associated with conducting a fireworks display in conjunction with the Riverfest celebration. Staff obtained cost estimates utilizing Banner Fireworks Display of Zimmerman, MN, which has conducted fireworks displays for the Cities of Becker, Big Lake, and Elk River. It was estimated that the cost would range between $5,000 and $8,000 for a 20 -minute display. Due to parking constraints at Ellison Park, Councilmember Shirley Anderson recommended that the fireworks be held near Kmart where there is an abundance of parking. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO AUTHORIZE CITY STAFF TO CONTRACT WITH BANNER FIREWORKS DISPLAY OF ZIMMERMAN FOR CONDUCTING FIREWORKS AT THE RIVERFEST CELEBRATION AT A COST NOT TO EXCEED $8,000. LOCATION OF FIREWORKS TO BE DETERMINED. Motion carried unanimously. 12. Consideration of replacing the contract buildinff inspector service with Aln supe - _)osition in the department and a part-time secretarial positio Assistant Administrator Jeff O'Neill requested that Council consider replacing the contract service provider in the building department with a full-time position and a part-time secretary position. He noted that the cost to complete the reorganization could be funded entirely by building inspection fees and would not result in a large increase in the projected cost to operate the department, as it would be off -set by the elimination of the contract service fees. O'Neill explained that under the proposed plan, the new full-time position would be entitled Chief Building Official and would hold supervisory and site plan review responsibilities. In addition, the position would be responsible for implementing computerization of recordkeeping in the building department. It was noted that performing site plan reviews in-house rather than through City Engineer services would provide additional cost savings for the City. The position was established at Grade 11, with a pay range of $31,831 to $39,789. Page 7 Council Minutes - 2/26/96 O'Neill went on to note that the present Building Inspector position would retain many of the current responsibilities, including maintenance of the civil defense program; however, the focus of the position would be on plan review and inspection. The point value and pay range would not change. In regard to the part-time secretary position, staff noted that after monitoring the Development Services Technician (DST) position for over a year, it became apparent that the time spent in the building department was closer to 75% rather than the 50% that was originally planned. This has left little time for planning or project -related activities and no time for assistance in the area of economic development. It was the recommendation of staff that adding a part-time building department secretary would be the most efficient way to handle the growth of the city, along with the additional policies and procedures in the building department. Councilmember Herbst noted that if the current Building Inspector should apply for the Chief Building Official position, it was his view that, due to his number of years of service, the City should make an effort to assist by allowing him to attend computer and public relations classes if necessary. He also suggested that there be a 6 -month probation period. It was Councilmember Stumpf s view that if the Chief Building Official position did not work out for the present inspector, he should be reinstated to his previous position; however, staff and Council members noted that there is a risk for anyone who applies for a different position within a company and that the inspector position could not be held open. Assistant Administrator O'Neill noted that the department reorganization as presented would utilize individual talents as a team. Since the present inspector's strengths are in the area of plan review and inspection, his job would focus on those issues. The proposed new position would include site plan review and inspection but would also include the added responsibilities of administering building inspection processes and establishing department priorities. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO APPROVE REPLACING THE CONTRACT INSPECTOR SERVICE WITH A NEW CHIEF BUILDING INSPECTOR POSITION AND AUTHORIZE STAFF TO POST NOTICE OF THE VACANCY. MOTION INCLUDES THE CITY ASSISTING THE PRESENT INSPECTOR WITH NEEDED CLASSES IF HE FEELS HE CAN QUALIFY AND APPLIES FOR THE NEW POSITION. MOTION ALSO INCLUDES A 6 -MONTH PROBATION PERIOD Page 8 Council Minutes - 2/26/96 FOR THE NEW POSITION. NO ADDITIONAL CLERICAL STAFF APPROVED AT THIS TIME. Voting in favor: Clint Herbst, Shirley Anderson, Tom Perrault, Brad Fyle. Opposed: Brian Stumpf. It was Stumpf's view that the City should hire another building inspector rather than a Chief Building Official. Motion passed. Councilmember Shirley Anderson recommended that the Council discuss and reconsider the part-time building secretary in the future, no sooner than three months. 13. Consideration of bills for the month of February. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO APPROVE THE BILLS FOR THE MONTH OF FEBRUARY. Motion carried unanimously. There being no further business, the meeting was adjourned. Kare6 Doty Office Manager Page 9