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City Council Minutes 03-11-1985MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL March 11, 1985 - 7:30 P.M. Members Present: Mayor Arve Grimsmo, Fran Fair, Bill Fair, Jack Maxwell, Dan Blonigen. 1. Call to Order. 2. Approval of Minutes. Motion was made by Blonigen, seconded by Maxwell, and unanimously carried to approve the minutes of the regular meeting held February 25, 1985. 4. Consideration of Amending Ordinance No. 10, Chapter 18, Section 5, (Flood Plain Management). According to the existing provisions of our ordinance, a residential basement may be constructed below Regulatory Flood Protection Elevation as a conditional use if and only if such basements are flood proofed in accordance with the State Building Code regulations. The City was recently informed by the Department of Natural Resources that the Federal Emergency Management Agency issued new rules this past fall instructing that flood proofed basements are no longer allowed at all within a flood fringe area. It was recommended by the DNR that the City amend its ordinance deleting the conditional use provisions allowing flood proofed basements below Regulatory Flood Protection Elevations. If the ordinance was not deleted, the City could be held liable for any flood damage to the individual's home if it allowed a basement to be built, and also the City could be cut off from all disaster relief funds from the federal government. As a result, motion was made by Bill Fair, seconded by Blonigen, and unanimously carried to adopt an ordinance amendment deleting Subdivision 2 from Title 10, Chapter 18, Section 5, of the City's Zoning Ordinance. See Ordinance Amendment No. 144. 5. Consideration of an Amendment to the Cable Communications Franchise nrriinAnra_ At the last regular meeting of the SWC4, Rite Cable Company submitted a request to increase the a la carte rate of the remote control device. In the fees established under the original franchise agreement, Rite Cable listed the charge for a remote control device to be $2.50 per month. When they put together cable packages featuring various levels of services, they would like to use the free remote control as an incentive; and to -1- Council Minutes - 3/11/85 make the package more marketable, they requested that the $2.50 monthly fee be increased to $5.95. This, from a marketing standpoint, tends to tell the subscriber that he is getting a larger free service when he enrolls in a package. Recent federal legislation has deregulated local control of cable fees on ancillary equipment; and as a result, the local communities or Cable Commission cannot prohibit Rite Cable from increasing their rates on such items as the remote control device. The Cable Commission's attorney recommended that each city do an ordinance amendment for house cleaning purposes. If all ten communities in the Cable Commission do not agree to amend their ordinance, the rate increase requested by Rite Cable cannot be implemented, but Rite Cable can force the issue under the Federal Deregulation Legislation. Councilman Blonigen felt the rate increase was inappropriate at this time since their initial franchise agreement did indicate no increases would be allowed for the first 18 months. After further discussion, a motion was made by Fran Fair, seconded by Bill Fair, to adopt an ordinance amendment allowing Rite Cable to increase the remote control monthly fee from $2.50 to $5.95. Voting in favor was Grimsmo, Fran Fair, Bill Fair, Maxwell. Voting in the opposition: Blonigen. See Ordinance Amendment No. 145. 6. Consideration of Constructing a Portion of the Sanitary Interceptor Sewer from Highway 25 to Cedar Street. City Engineer, John Badalich, reviewed with the City Council the proposed interceptor sewer alignment that would connect the existing interceptor sewer at Washington Street with the City's sewer system at Elm Street. The proposal presented a couple of alternative routes that could be used west of Highway 25 to Elm Street, but the alignment from Highway 25 easterly to Washington Street would have to primarily follow the railroad tracks. The interceptor sewer proposal was presented primarily at this time to consider authorizing the City Engineer to prepare plans and specifications for construction of a portion of the interceptor sewer near Highway 25 prior to the planned 1986 Highway 25 upgrading. The first phase recommended by the Engineer would be the construction of the sewer underneath Highway 25 easterly one block to Cedar Street. The estimated cost was $100,000.00, and the City could save approximately $14,000.00 in jacking cost by open cutting Highway 25 now prior to the highway department's improvements in 1986. -2- Council Minutes - 3/11/85 Discussion by the Council centered on whether the City should just install the sewer underneath Highway 25 now and wait until later to install the sewer underneath Cedar Street and the railroad tracks. It appeared that additional savings would probably not be realized by installing the sewer under the railroad tracks at the present time, and it would be just as cost effective to include the Cedar Street crossing when the rest of the project is completed in future years. As a result of the discussions, motion was made by Blonigen, seconded by Maxwell, and unanimously carried to authorize the City Engineer to prepare final plans and specifications for the construction of the interceptor sewer under Highway 25 only at this time. The Engineer noted that plans and specifications should be available for the next Council meeting for approval and bids are estimated to be received on Wednesday, April 17, at 2:00 P.M., with the Council awarding the contract on April 22, 1985. Since it was determined that the routing of the interceptor sewer between Washington Street and Highway 25 has been established, a motion was made by Fran Fair, seconded by Maxwell, and unanimously carried to authorize the staff to negotiate easements from property owners for the interceptor sewer line from approximately Cedar Street to Washington Street adjacent to the railroad tracks. 7. Consideration of Adoption of Two Resolutions Establishing Deferred Compensation Plans for Monticello Employees. At the previous Council meeting, a general consensus of the Council was given to the establishment of two deferred compensation plans that would be made available to all City employees to provide for additional retirement benefits. The deferred compensation plans would be funded solely from each individual employee's contributions with no municipal contribution required. Upon review of the resolutions needed to establish deferred compensation plans, motion was made by Bill Fair, seconded by Fran Fair, and unanimously carried to adopt two resolutions establishing deferred compensation plans through the ICMA Retirement Trust and Safeco Life Insurance Company. See Resolutions 1985 #3 and 1985 #4. 8. Acknowledgement of Receipt of the Reimbursement Check from the Sherburne Wright Counties Cable Communications Commission. At the time the Sherburne Wright Counties Cable Communications Commission was formally established, every city in the Commission contributed a proportional share of monies to the Commission -3- Council Minutes - 3/11/85 in order to conduct the franchising process. At the time the Commission was initiated, each city was guaranteed that they would receive a reimbursement covering the investment they made to the Commission and also any City staff time allocated to the Commission operations. The City of Monticello initially contributed $2,000.00 to establish the Cable Commission and Cable Commission Chairman, Tom Eidem, presented to the Council a reimbursement check from Rite Cable Company, the successful franchise operator, a check for $4,061.39 representing all of the City's initial investment plus reimbursement for City staff time. 9. Consideration of Setting a Date for the 1985 Board of Review. Motion was made by Maxwell, seconded by Bill Fair, and unanimously carried to set Thursday, May 23, 1985, at 7:00 P.M., as the date for the Monticello City Board of Review. 10. Consideration of Setting a Public Hearing for Establishing Tax Increment Finance District. Construction 5, Inc., is currently in the process of replatting and developing their property at the east end of Lauring Lane and Washington Street. The property in question will require substantial improvements in order to construct a street with curb and gutter along with City sewer and water services because of the topographic conditions of the property. The City Engineer has estimated improvements to cost approximately $390,000.002 which would result in excessively high assessments and make the project unfeasible. The HRA has been reviewing this subdivision and recommended that this area be included in a Tax Increment Financing District to enable the City to help defray a portion of the improvements to all affected property owners concerned. The establishment of a Tax Increment District could reduce the cost of improvements to the property owners to a more reasonable level, thus allowing the development to occur. Motion was made by Fran Fair, seconded by Maxwell, and unanimously carried to set March 25, 1985, as the date for a public hearing to consider the Tax Increment Financing Plan for this area. 11. Miscellaneous. City Administrator, Tom Eidem, informed the Council that Mr. Jack Reeves has resigned from the Housing and Redevelopment Authority. It was noted that the Council will have to officially appoint a replacement in the near future. -4- Council Minutes - 3/11/85 The City Council was informed that a Fire Department Committee has been searching for a used equipment van. The Fire Department indicated that they have found a used Chevrolet Van from the North Branch, Minnesota Fire Department for $6,000.00 that they feel would be very acceptable for their needs. As part of the bond issue for the new Fire Hall, approximately $15,000.00 was included in the bond sale for the purchase of an equipment van and related equipment. Motion was made by Maxwell, seconded by Fran Fair, authorizing the Fire Department to purchase the used Chevrolet Van from the North Branch Fire Department contingent upon the vehicle being thoroughly inspected by a local mechanic prior to purchase. Voting in favor was Grimsmo, Fran Fair, Bill Fair, Jack Maxwell. Voting in the opposition: Blonigen. L/ Rick Wolfstell Assistant Administrator -5-