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City Council Minutes 10-28-1985MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, October 28, 1985 Members Present: Arve Grimsmo, Bill Fair, Jack Maxwell, Dan Blonigen. Members Absent: Fran Fair. 2. Approval of Minutes. A motion was made by Bill Fair, seconded by Maxwell and unanimously carried to approve the minutes of the regular meeting held October 15, 1985. 3. Citizens Comments/Petitions/Requests. Mr. Ken Larson appeared before the Council to again request that the Council overrule the Planning Commission's action to table his conditional use request regarding a proposed duplex addition to his home on 4th and Washington Street. The Planning Commission at their last meeting delayed action on the request due to lack of sufficient parking information, but Mr. Larson requested that the City Council act on his request due to limited time for construction this season. It has been the Chairman of the Planning Commission's opinion that the Planning Commission again hold a public hearing regarding this matter since there were neighbors opposed to the request and it was also recommended by the City Administrator that proper procedures be followed because of the opposition. As a result, it was the unanimous concensus of the Council that the Planning Commission should first hold a public hearing and make recommendations to the City Council prior to the Council's discussion on the item. 4. Public Hearing on a Proposal for a Tax Increment Finance Plan - Project Raindance Partnership. The Monticello HRA has recently approved a Tax Increment Financing Plan for Raindance Partnership who plan to construct a retail grocery store on land owned by the City of Monticello and Wilbur Eck. As part of the State requirements, the City Council held a public hearing regarding the Tax Increment Financing planned for this proposal and heard no comments from the general public. Formal adoption by the City Council will follow the completion of negotiations and the execution of a developers agreeihent between the HRA and the developer. In regard to the Tax Increment Plan, motion was made by Maxwell, seconded by Bill Fair and unanimously carried to acccept the HRA's offer of $90,000.00 for the purchase, by the HRA, of the City's property that will become part of this project. -1- Council Minutes - 10/28/85 5. Consideration of a Resolution Ordering the Preparation of Plans and Specifications for the Improvement of West County Road 39. Previously, the City Council approved the upgrading of West County Road 39 from Elm Street to I-94 with a rural type design that would widen the road and this project would be included with Wright County Highway Department's proposed County Road 39 improvement scheduled for 1986. Wright County has requested that the city prepare the necessary plan documents to be included with the County's plans for that segment of County Road 39 in the City limits. For this preliminary engineering, the County will reimburse the City up to 5% of the contract bid price. The expected cost to the City of Monticello for the County Road 39 improvement has been estimated at $47,100.00 construction cost, which is 300 of the estimated total cost plus the engineering cost exceeding the 5% reimbursement. Motion was made by Bill Fair, seconded by Dan Blonigen, and unanimously carried to adopt Resolution ordering the preparation of plans and specifications for the improvement of West County Road 39 by the consulting City Engineer, OSM, to be completed by January 15, 1986. (See Resolution 1985 #22) 6. Consideration of Establishing a Schedule/Deadline for the Completion of Plans and Specifications and the Ordering or the Improvement of the Sewer Interceptor Line. At the last Council meeting, the City authorized the consulting engineer to prepare plans and specifications for the entire proposed interceptor sewer line from Washington Street to Elm Street. It has been recommended by the Public Works Director that the council establish a time schedule under which the plans and specifications should be completed by the engineer by January 14, 1986, so that bids can be received in sufficient time in early February to allow for early spring construction of the sewer line. The City Engineer indicated that the plans could be completed by January 13, 1986, and after review by the City Council, bids on the project could be returnable February 14, 1986, with awarding of the contract scheduled for February 24, 1986. Motion was made by Bill Fair, seconded by Blonigen, and unanimously carried to accept the Public Works Director's recommendation of establishing a deadline of January 13, 1986, as a completion date for the plans and specifications for the interceptor sewer line proposed. -2- Council Minutes - 10/28/85 7. Consideration of Entering an Agreement with Monticello _Township: For the Continued Payment of Funds from the City to the Township. As part of the 1974 annexation of the nuclear Plant, the Minnesota Municipal Board issued an order of annexation that included a formula that was to be used for issuing payments from the City to the Township for lost revenues because of the annexation. The formula, and the resulting payments was based primarily on the amount of local government aids and revenue sharing aids that were received by the City and Monticello Township. The Municipal Board included a provision in the agreement that stated the Board could retain jurisdiction on changes in the formula in the event of unforeseen extraordinary circumstances arose. Because of recent State changes in the amount of local government aid that Townships now receive, the formula suddenly required the City of Monticello to pay approximately $72,000.00 in 1984 and $78,000.00 in 1985 to the Monticello Township. The City of Monticello has not made these payments and has asked the Municipal Board to review the formula because of this change in state aids that affected the amount the City would be required to pay to the Township. Prior to a Municipal. Board ruling, negotiations have been taking place between attorneys representing both the City and the Township and a new agreement has been prepared that would call for a $36,000.00 paymant for each year of 1984 and 1985 to Monticello Township and thereafter $27,500.00 per year until the year 1995 at which time the agreement would terminate. City Attorney Gary Pringle informed the Council that the new agreement results in a lower dollar payment per year to the Township than what the current agreement calls for and felt that the annual dollar amount indicated in the new agreement would be justifiable. The payments by the City are intended to be used by the Township to provide for services and maintenance of the orderly annexation area that is likely to be annexed into the City in the future. Council member Maxwell questioned why the City is making payments at all to the Township if the Township's mill rates are currently 13 mills lower than the City's and questioned whether the City of Monticello should be taxing its residents to subsidize the Township's taxes. Councilman Bill Fair questioned whether action should be taken on this new agreement at the present time since an annexation study of the OAA area is in the process of being completed by the City Planner and City Engineer. Mr. Fair felt that if the study shows that annexation should occur, the agreement to pay money to the Township to provide services for the annexation area would be a mute point. -3- Council Minutes - 10/28/85 City Attorney Pringle noted that even if this new agreement is approved, provisions are made within the agreement that if annexation of the OAA area or a part of it does occur in the near future, the formula and payments would be adjusted accordingly. After discussion on whether a full Council should be present to decide on this matter, motion was made by Maxwell, seconded by Blonigen to accept the agreement as presented that would result in City payments of $72,000.00 for the years 1984 and 1985 and $27,500.00 each year thereafter through 1995. Voting in favor was Maxwell, Blonigen and Grimsmo. Opposed was Bill Fair. 8. Consideration of Authorizing the Preparation of a Request for Proposals for the Purpose of Soliciting Proposals from Private Enterprise to Operate and Maintain the Monticello Wastewater Treatment Facility. Informal discussion has been held on numerous occasions by the City staff and Council with respect to investigating the possibility of contracting out the operation of the City's sewer plant. Public Works Director John Simola suggested that the City staff prepare its own request for proposals that could be later reviewed by the Council to determined if actual bids will be sought in regards to the possibility of contracting out the operation of the sewer plant. Mr. Simola noted that sample contracts can. be obtained from other communities and the staff can assemble all of the necessary data on those areas of operation and maintenance that would most effectively be contracted out. The assembled information could then be reviewed at a later date by the Council in detail. Motion was made by Maxwell, seconded by Blonigen, and unanimously carried to authorize the Public Works Director to prepare a request for proposal for the sewer plant operations and maintenance contract. 9. Quarterly Department Head Reports. Quarterly Department Head Reports were discussed with various department heads. Public Works Director John Simola and Fire Chief Willard Farnick reviewed with the Council the present status of Burlington Northern Railroad's request for the Fire Department to burn down the depot in Monticello. Mr. Simola noted that the State Fire Marshall's Office would not give an opinion one way or the other and that the Pollution Control Agency did not have a record of any permit being issued to the Fire Department to burn down the depot. As a result if the Fire Department was to proceed in the near future, they would have to reapply for a new permit which the PCA indicated may not be issued as State Statutes do not allow Fire Departments to burn down buildings in lieu of demolition. me Council Minutes - 10/28/85 Burlington Northern Railroad has indicated they thought they had a good faith agreement with the City's Fire Department to burn down the building and if a permit can not be gotten from the PCA to burn the building, the Railroad would be able to get a crew to demolish the building but requested that the City pay for the land fill charges estimated at $1-2,000.00 if the building has to be hauled to a land fill. Councilmen Blonigen and Maxwell felt the building should possibly be demolished by Burlington Northern Railroad and the debris hauled to a different site and than burned rather than burning the facility in a dangerous area. After further discussion, it was suggested by the Council that the Fire Chief reapply for a burning permit from the FCA to see if the State will allow burning of the depot at the present site and if not if a permit can be obtained .for burning the debris at a different site away from a populated area. 10. Approval of Bills Motion was made by Blonigen, seconded by Maxwell, and unanimously carried to approve the bills for the month of October as presented. 11. Consideration of Change Order #2 -Fire Hall Construction Project. Fire Hall Building Committee member, John Simola, reviewed with the Council a potential drainage problem within the new parking lot at the Fire Hall. Mr. Simola noted that their recently installed curb elevation may cause some small ponding problems within the parking lot and suggested that the curb be lowered to provide for more adequate drainage to the street. The contractor has indicated if the City is willing to tear out the existing curb, they would be able to replace the curb at a cost of approximately $500.00. It was the consensus of the City Council that Change Order #2 be executed in the amount of $500.00 to lower the curb to provide for better drainage of the parking lot. i �/ �Ajj Rick WolfsteXler Assistant Administrator -5-