City Council Minutes 11-12-1996MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Tuesday, November 12, 1996 - 7 p.m.
Members Present: Brad Fyle, Shirley Anderson, Clint Herbst, Brian Stumpf, Tom
Perrault
Members Absent: None
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AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND
SECONDED BY SHIRLEY ANDERSON TO APPROVE THE MINUTES OF THE
REGULAR MEETING HELD OCTOBER 28, 1996. Motion carried unanimously.
3. Approval of minutes of the special meeting held November 6, 1996.
AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND
SECONDED BY SHIRLEY ANDERSON TO APPROVE THE MINUTES OF THE
SPECIAL MEETING HELD NOVEMBER 6, 1996, AS SUBMITTED. Voting in
favor: Brian Stumpf, Shirley Anderson, Brad Fyle. Abstaining: Clint
Herbst, Tom Perrault. Motion passed.
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A. Review pending development proposal in Sherburne County.
None.
A. Consideration of advertisinLy for Droposals for landfill services.
Recommendation: Approve the interim disposal contract with
Superior Services, Inc., from February 15, 1997, to March 31, 1997, at
$38.66 per ton and authorize staff to advertise and solicit proposals for
garbage disposal services.
AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND
SECONDED BY TOM PERRAULT TO APPROVE THE CONSENT AGENDA AS
RECOMMENDED. Motion carried unanimously.
None.
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Council Minutes - 11/12/96
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Mayor Fyle opened the public hearing.
011ie Koropchak, Economic Development Director, reported that TIF District
No. 1-21 is an 11 -year economic district. The district is being established to
assist developer T.J. Martin Inc. T.J. Martin is a Minnesota corporation with
equal partnership between Eric, Carl, and Dennis Bondhus. Koropchak
noted that five new jobs will be created at a minimum annual wage of
$40,000 per job. The proposed 9,000 sq ft metal manufacturing/office facility
and parcel has an estimated minimum value of $270,000 and an estimated
captured capacity value of $10,190. The first year of collection of tax
increment is 1999. The TIF plan budget or HRA indebtedness is $110,000.
The actual benefit to the developer is in the amount of $37,900.
There being no comment from the public, Mayor Fyle closed the public
hearing.
AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND
SECONDED BY TOM PERRAULT TO SUPPORT CREATION OF THE TIF
DISTRICT AS PROPOSED. Motion carried unanimously.
SEE RESOLUTION 96-45.
9. Consideration of a requut fQr an amendment to a conditional use permit
which would allow expansion and conversionof one manualtr wash stall to
an automated • _nt, Investors Togethe
Assistant Administrator O'Neill reported that Investors Together requested
approval on an amendment to their conditional use permit which would
allow conversion of one manual car wash stall to an automated stall. The
site currently operates under a conditional use permit granted in April 1990.
The proposed expansion calls for replacing the manual car wash bay that is
located west of the small utility room. The actual physical modification to
the building will be nominal. The manual bay will need to be extended about
10 ft to match the length of the existing automated bay. The change to the
site will not be so much physical enlargement but more in the volume of
vehicles that can be washed.
O'Neill went on to report that the applicant has complied with the terms of
the existing conditional use permit and that the Planning Commission has
recommended approval based on their finding that the expansion of the car
wash as proposed operating under the current conditions will not become a
detriment to the neighborhood and, therefore, approval would be consistent
with the comprehensive plan.
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AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND
SECONDED BY BRIAN STUMPF TO GRANT APPROVAL OF AN AMENDMENT
TO THE CONDITIONAL USE PERMIT WHICH WOULD ALLOW EXPANSION
AND CONVERSION OF ONE MANUAL CAR WASH STALL TO AN AUTOMATED
STALL FOLLOWING THE EXISTING CONDITIONS AS RECOMMENDED BY THE
PLANNING COMMISSION AND BASED ON THE FINDING PROVIDED BY THE
PLANNING COMMISSION. CLOSURE OF THE CURB CUT ACCESS BETWEEN
RIVERROAD PLAZA AND THE CAR WASH MAY BE COMPLETED AT THE
PROPERTY OWNER'S DISCRETION. Motion carried unanimously.
10. Consider :
problem - former Johnsm Department Store warehouse.
City Administrator Rick Wolfsteller reported that during a survey of the
parcel for sale transaction, a discrepancy was noted by Taylor Land
Surveyors that showed the building to be encroaching approximately 3.3 ft
onto City property (parking lot). Apparently when the initial description for
the property was established years ago, an error was made on the legal
description and did not properly locate the building in relation to the legal
description. Steve Johnson is requesting that the City simply provide a quit
claim deed granting him ownership of the property under the building in
accordance with the new legal description by Taylor Land Surveyors.
Wolfsteller noted that the area encumbered by the building that the City
owns is approximately 250 sq ft. Steve Johnson noted that the legal
description simply reflects a reality. Nobody has gained any property or lost
property with the proposed execution of the quit claim deed. Jim Fleming
noted that the City would be named in a quiet title procedure and that the
City would be required to spend legal fees defending its interest in the
property, or it could choose to release it to Johnson through the quit claim
deed execution.
AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND
SECONDED BY TOM PERRAULT TO REQUEST PAYMENT OF $2 PER SQUARE
FOOT FOR THE 250 SQ FT STRIP OF LAND. Voting in favor: Clint Herbst,
Tom Perrault, Brad Fyle, Brian Stumpf. Opposed: Shirley Anderson.
Motion passed.
11. Consideratim Qf purchase of storm water ponding easements for th
pond in Meadow Oak (part Qf Prqject 93-12C).
Public Works Director John Simola reported that as part of the 93-12C
improvement project, the City was to fill a portion of the lots on the west side
of the Meadow Oak pond or purchase additional ponding easements. Simola
noted that in some areas, the normal water level of the pond extends as much
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Council Minutes - 11/12/96
as 18 ft past the current ponding easements. In a few areas, the proposed
100 -year storm water elevations would extend in excess of 40 ft beyond the
existing easement.
Brad Fyle indicated that he was against the concept of paying for additional
pond easements. He noted that the City spent a considerable amount of
money on building the storm water outlet. Property owners living adjacent
to pond areas should be willing to live with the period changes in water
elevations.
City Engineer Bret Weiss noted that the installation of the Meadow Oak
storm water outlet was to allow continuation of development of the area. It
provided a positive outlet, but it was not designed to establish a water
elevation that would be maintained within the existing easement boundaries.
Weiss noted that the existing easement boundaries were simply drawn wrong
originally and, therefore, changes need to be made to the easement lines in
order to have the easements reflect the reality of where the pond is located.
Weiss went on to note that due to the fact that our pond is located on private
property, it could be considered a taking, and the City would likely be
required to purchase the area being used for ponding.
Charlie Walters indicated that when purchasing his property, he reviewed
the property and storm water easement lines and purchased it with the
expectation that the City storm water pond would not encroach onto the
property beyond the extent of the easement granted to the City for ponding.
He now finds that the pond is regularly well beyond the easement lines noted
on his survey.
AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND
SECONDED BY TOM PERRAULT TO SELECT ALTERNATIVE #5, WHICH IS TO
TAKE NO ACTION ON THE MATTER. Voting in favor: Clint Herbst, Tom
Perrault, Shirley Anderson, Brad Fyle. Opposed: Brian Stumpf. Motion
passed.
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Economic Development Director 011ie Koropchak reported that the Council is
requested by Steve Birkeland to consider ratifying the EDA's approval to
amend the terms of the mortgage and assignment of rent for GMEF Loan
No. 006. Loan No. 006 was approved for Steve Birkeland on March 30, 1993,
and is a $42,500 real estate loan with a 4.5% interest rate. Loan No. 006 had
a second position behind the bank loan. The EDA balloon payment is due
May 1, 1998. Payback is current, and the remaining principal balance of the
original $42,500 loan as of November 7, 1996, is $37,547.
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Council Minutes - 11/12/96
Koropchak reported that the EDA recognized that the option that Birkeland
would have had to remortgage or refinance the project is more costly.
Additionally, they noted the payback of the EDA loan was current. The 3.8%
coverage is actually greater, as the remaining balance of the EDA loan is less
than $40,000, and the equity in the project is greater in 1996 than in 1993.
For these reasons, the EDA approved a motion amending the terms of the
mortgage and assignment of rent and authorized EDA attorney Steve Bubul
to prepare a subordination agreement placing GMEF Loan No. 006 in third
position behind the bank's first and second mortgage. Legal fees for
preparation and filing of the document are the responsibility of Steve
Birkeland, the borrower.
Assistant Administrator O'Neill reported that a few of the conditions of the
conditional use permit are unmet or in the process of being completed. He
noted that an effort has been made to meet the spirit of the conditional use
permit allowing outside storage.
AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND
SECONDED BY BRIAN STUMPF TO RATIFY THE EDA'S APPROVAL TO AMEND
THE TERMS OF THE MORTGAGE AND ASSIGNMENT OF RENT FOR GMEF
LOAN NO. 006 AUTHORIZING THE PREPARATION OF A SUBORDINATION
AGREEMENT PLACING GMEF LOAN NO. 006 IN THIRD POSITION BEHIND
THE BANK'S FIRST AND SECOND LOAN. Motion carried unanimously.
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City Administrator Rick Wolfsteller reported that specifications were
prepared for cleaning services to be performed at city hall, the deputy
registrar office, and two public works building locations. An advertisement
for bids was published in the local newspaper, and a copy of the
specifications was mailed to a few cleaning services that were thought to be
interested in bidding. Wolfsteller noted that of the two bids received, it
appeared that Preusse Cleaning Service would result in the lowest monthly
cost based on the bid proposals. The specifications called for daily cleaning
at city hall, weekly cleaning at the two public works office and conference
buildings, and once -a -week cleaning at the deputy registrar office.
Brian Stumpf supported the idea of awarding the contract to the lowest
bidder. He noted that the price is reasonable, and the contract could be
terminated if the work was not done properly.
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Council Minutes - 11/12/96
Bruce Thielen noted that the County currently employs Green View workers
for some of their park cleaning. These are retired individuals that have been
very reliable and do good work at a very inexpensive rate. Clint Herbst
noted that one of the problems with Green View is that the City would have
to provide supplies.
AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND
SECONDED BY SHIRLEY ANDERSON TO ACCEPT THE PROPOSAL FROM THE
LOW BIDDER, PREUSSE CLEANING SERVICE, IN THE AMOUNT OF $730 PER
MONTH FOR DAILY CLEANING AT CITY HALL, WEEKLY CLEANING AT THE
PUBLIC WORKS OFFICES, AND TWICE -A -WEEK CLEANING AT THE DEPUTY
REGISTRAR. Motion carried unanimously.
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Public Works Director John Simola reported that in accordance with previous
Council action, City staff requested bids for a new and used Trackless MT.
Simola noted that the low bid came from MacQueen Equipment of St. Paul at
a base price of $55,331, which is approximately $10,000 less than expected.
Simola went on to identify alternative methods for removing snow from the
pathways, which included utilizing existing City equipment or attachment of
a snow plow on a 1 -ton or 4 -wheel drive pickup. Another alternative would
be to contract out the snow removal responsibilities. A fourth alternative
would be to not clear the pathways. It was also noted that money is available
in the budget for the purchase via the $22,000 annual contribution to the
pathway maintenance fund. Both the Parks Commission and Monticello
Community Partners requested that the pathways be maintained throughout
the winter. The Trackless MT vehicle has a 10-15 year life expectancy;
therefore, the cost of the equipment can be amortized over a period of years.
There are also summer uses for the Trackless MT such as using it for cold
planer purposes. Keeping the pathway free of snow will discourage use of
the pathway by snowmobiles and, thus, extend the life of the pathway.
Brian Stumpf indicated that he was not convinced that citizens would
actually use the pathway during winter months; therefore, he did not support
expenditure of funds necessary to keep the pathway open.
Clint Herbst indicated that perhaps we should at least try to keep the
pathway open for one year and evaluate whether or not the pathway is being
used and, perhaps, purchase a piece of equipment specifically for the purpose
of removing snow at some point in the future.
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Council Minutes - 11/12/96
AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND
SECONDED BY BRAD FYLE TO NOT CLEAR THE PATHWAYS. Voting in favor:
Brian Stumpf, Brad Fyle, Tom Perrault. Opposed: Shirley Anderson, Clint
Herbst. Motion passed.
15. Other matters.
A. Assistant Administrator O'Neill informed the City Council that the
Bridge View plat application will be reviewed by the Sherburne
County Planning Commission on November 21, 1996. The plat
includes development of 80 lots on approximately 200 acres of land
directly across the river from Monticello. O'Neill informed Council
that the Planning Commission recommended that the City actively
monitor and review the project as a township development and be open
to investigating the possibility of annexation at the request of the
developer. The Planning Commission felt that the City has a vested
interest in the development of property on its perimeter due to the fact
that there are numerous municipal impacts created by development on
the city's fringe. Such impacts include public library maintenance and
operation, public street use and maintenance, park facilities use and
maintenance, pathway development use, recreation program
development, economic development activities, fire protection, police
service, senior citizen facilities and programs, and public
transportation use and funding.
After discussion, it was the consensus of Council to submit a letter to
Sherburne County identifying concerns. O'Neill noted that he would
submit the letter to Council members for feedback prior to distribution
to the Sherburne County Planning Commission.
There being no further discussion, the meeting was adjourned.
Jeff ill
Assistant Administrator
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