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City Council Minutes 11-13-1984MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL November 13, 1984 - 7:30 P.M. Members Present: Mayor Arve Grimsmo, Fran Fair, Ken Maus, Jack Maxwell, Dan Blonigen. Members Absent: None. 1. Call to Order. 2. Approval of Minutes. Motion by Maus, second by Blonigen, and carried unanimously to approve the minutes of the regular meeting held October 22, 1984, and the special meeting held November 7, 1984. 3. Citizens Comments/Petitions, Requests and Complaints. Don Cochran, member of both the Housing and Redevelopment Authority and the Monticello Planning Commission, came before the Council to tender his official resignation from those bodies. He expressed his appreciation for the opportunity to serve the City and stated that he found the operation of the City government to be efficient and admirable. He indicated that he found his time on both Commissions to be rewarding and an experience to value. He stated that he would miss Monticello and that he simply wanted to stop in to bid one final farewell before leaving for the state of Maryland. The Council acknowledged receipt of the resignation and acknowledged an excellent job done by Mr. Cochran. 4. Public Hearing - Consideration of Vacating a Portion of River Street. The Mayor opened the public hearing. There being no representatives from the hospital, the Mayor asked City Administrator Eidem to give a brief introduction with respect to the request. Eidem explained the request that had been submitted by the Monticello -Big Lake Hospital for the vacation. Using a graphic provided by the hospital, he showed that a portion of the proposed construction and the parking lot would lie within the River Street right-of-way. Eidem noted that he had talked to Barb Schwientek of the Hospital District and informed her that he did not want to take an adversarial position to their project, but that he held a general position that cities should avoid vacations if other alternatives could be presented. Eidem also stated to the Council that he did not want to take unfair advantage of the hospital's absence to present his case and that he would try and be as objective as possible. -1- Council Minutes - 11/13/84 Eidem went on to explain that the portion of River Street lying behind the hospital would not necessarily be a problem. However, vacating the full extent of River Street until its termination could eventually leave that portion inaccessible. He said in terms of long range planning, it might be valuable to hold the right-of-way even though there are no development plans for street in the foreseeable future. Eidem went on to say that it was that very issue that was at conflict between the City and the hospital. He noted that Schwientek had indicated that part of their desire for vacation was to preclude the possibility that a street could ever be opened on the north side of their building. He went on to say that Ms. Schwientek had indicated the possibility of a compromise by creating a north/south roadway that would join Hart Boulevard and the eastern most extension of River Street. Eidem stated that one of the more attractive alternatives would be to arrange for a vacation of a southerly portion of the River Street right-of-way in exchange for an equal amount of footage on the north side of the existing right-of-way, thereby allowing the City to retain a full 80 -foot street right-of-way. The Mayor asked a question with respect to the sewer collector line that runs through the center of existing River Street. John Badalich of OSM responded that the proposed building was approximately 10 feet away and that there might be some question as to the stability of the line and the footings, but that matter would have to be resolved with the hospital's architects. Badalich noted that the building plans had been altered slightly so that the City and hospital could avoid a recircuiting or rerouting of the collection line. Councilmember Fair asked whether or not a construction easement couldn't be granted to allow the nursing home to be built in the street right-of-way without going through the formal vacation. Eidem responded that yes, such an easement could occur, but once the building is built we have, for all practical purposes, given up that section of right-of-way. The Council unanimously expressed support for the nursing home project and indicated they did not wish to jeopardize the construction in any way, but felt that an exchange of some land to the north for the vacation of some land on the south was a viable alternative. They further agreed that the development of a thoroughfare to the north of the hospital was highly unlikely, but the protection of an 80 -foot right-of-way for the City is important enough to enter negotiations for an exchange. Councilmember Fair also indicated that long-range planning may see River Street united through to Minnesota Street. Again, the Council agreed that this is highly unlikely to occur in the near future since there are buildings currently in the route as well as sections of unplatted areas that separate the two rights-of-way, but the notion was that they may be able to be connected several decades in the future. It was this possible connection that the City did not wish to rule out. -2- Council Minutes - 11/13/84 There was a brief discussion of snowplowing at the end of existing River Street and how that would be accommodated. John Simola was instructed to try and work out those differences with the maintenance and design people involved with the hospital. At this point the Mayor closed the hearing. Motion by Fair, second by Maxwell, to consider vacation of a portion of River Street favorably provided successful negotiations can be accomplished to regain a similar amount of footage on the north side of River Street. Motion carried unanimously. 5. Public Hearing - Consideration of Adopting Assessment Roll for Delinquent Sewer and Water Bills. A current listing of delinquent sewer and water accounts and other sundry delinquent accounts with the City were presented to Council members with a request to adopt as an assessment roll so that they may be certified as a lien against the property with the County Auditor. There was no one present to speak at the public hearing. The Council asked if the list that had been presented to them was up to date and current. Eidem confirmed that all late payments had been recorded and that it was up to date. Motion by Maus, second by Fair, and carried unanimously, to adopt the following resolution. (See Resolution 1984 #47.) 6. Consideration of a Planned Unit Development - Applicants, Jim Powers/Kent Kjellberg. The Mayor asked Eidem if all information had been presented as requested for final review. Eidem indicated that no drainage plan was included in all of the documents, nor was the narrative statement on the PUD plan, but that all other information now was compiled into a single package. Eidem indicated that, lacking the drainage plan and the narrative, it was then a Council decision whether or not to hear the matter. Mayor Grimsmo asked John Badalich to comment on what is missing with respect to the drainage plan. Badalich explained that while the ponding provisions had been accounted for, there was nothing to account for the outlet. He noted that uncontrolled flow out of the ponds would be unacceptable and the plan could not be approved if it permitted water to run uncontrolled onto an adjacent property. Badalich stated that he would be contacting the developers' engineer in writing so as hopefully to clarify precisely what is missing and what will be required for final review. Mr. Powers, representing the developers, indicated that they were trying to hurry everyone along, including the engineer, in order to accommodate City review. Councilmember Fair asked if the pond outlet would be an expensive construction project. Badalich responded that it might be in the $2,000-$3,000 range. He indicated he felt -3- Council Minutes - 11/13/84 that pipes should be able to control the runoff, and in some cases ditching would also control the outlet so that the amount of runoff running into the remote pond would be equal to what is currently going into that pond. Badalich noted that an increase of water would not be acceptable but that it is acceptable to allow equal amount of runoff as what currently exists. Eidem explained that final approval of the Development Stage was scheduled for this meeting, with final approval of the final plans scheduled for the Planning Commission on November 14, and final approval and plat signing scheduled for November 26 before the City Council. He indicated that the Planning Commission had approved the development plan contingent upon the receipt and approval by the Consulting Engineer of an acceptable drainage plan. This approval then allowed the developers to continue in their development progress. Eidem noted that the Council had the same option open to them and could still halt the entire project on November 26 if all documents were not fully in order. Motion by Maxwell, second by Maus, and carried unanimously to grant final approval to the Development Plan of Plaza Partners PUD contingent upon receipt and approval by OSM of an approved drainage plan and the ordering and compilation of all related documents for the PUD. 7. Consideration of Granting Final Approval to the Jay Miller Replat. Mr. Jay Miller was present seeking final approval to a townhouse replat on Lot 9, Block 4, of Par West Subdivision. The townhouse replat would be known as Colony on the Green. Tom Eidem explained that the plat had been put in place and that a variance had been granted on a sideyard setback at some time in the past. He went on to note that to deny final approval at this point was an exercise in futility since the building, in fact, was already in place and the zero lot line construction was transferred to the plat definition. Eidem noted that in a conversation with Jim Ridgeway, Chairman of the Planning Commission, Mr. Ridgeway had indicated that the granting of the variance carried the significance of approving its final location, although the language in the motion did not indicate as such. From that conversation, Eidem concluded for the Council that final approval had been given by the Planning Commission, and the project was now before the Council for its final approval and directions to record. Mayor Grimsmo asked whether or not the confusion and somewhat disorderly sequence of events had been resolved to prevent future occurrence. Eidem indicated that they had been and that the main source of the problem was the oversight of exerting the right of conditional use to go beyond strictly the number of units allowed. Eidem indicated that any future building plans would have to be reviewed as conditional uses with the exception of maximum number of units. Eidem indicated -4- that such review should thus eliminate Motion by Fair, second by Blonigen, and to grant final approval to the replat o and to process the plat for recording a Council Minutes - 11/13/84 similar circumstance. carried unanimously Colony by the Green the County. 8. Consideration of Adopting a Resolution Authorizing the Certification of a Special Levy with the County Auditor. Eidem explained to the Council that, based upon recommendations of Springsted, Inc., it would be financially advantageous for the City to certify a debt retirement levy for the proposed Fire Hall bonds that were approved at the most recent General Election. He noted that by certifying the levy at this time, collections would commence in 1985, thus eliminating any need to bond for capitalized interest. Councilmember Fair raised a question concerning whether or not the City could gain a sum equal to the 2% bidding discount in either construction savings or investment interest. Eidem said that they very likely would be able to recover that $17,000 difference. The Council then agreed that the levy should be based on an $860,000 bond sale which was sanctioned by the election rather than the $863,000 plus a 2% bidding discount amount as allowed by Statute. Motion by Maus, second by Maxwell, and carried unanimously to adopt the following resolution. See Resolution 1984 #48. 9. Consideration of Authorizing the Firm of TKDA to Commence Work on Phase II (Plans and Specifications) for the Proposed Monticello Fire Hall. Councilmember Blonigen raised the question with respect to TKDA's percentage figure for their services. Eidem stated that in their response to the Request for Proposals, they had cited a specific dollar amount in relation to a projected construction amount and that that percentage figure came out to be 711%. They did not, he stated, bid on a percentage basis. The consensus of the Council was to pursue negotiation to establish an actual percentage amount of construction cost to serve as the fees. It was also agreed by Fair and Blonigen, the representatives to the Fire Hall Committee, that TKDA had been responsive, and they should be given the opportunity to complete Phase II. Motion by Fair, second by Maus, and carried unanimously to instruct the Administrator to begin negotiations on the architectural fees for the preparation of plans and spec's under Phase II of Fire Hall construction, said architectural fees to be brought back to the City Council for ratification at the next regular meeting. -5- Council Minutes - 11/13/84 10. Consideration of Making an Offer for the Purchase of Block 13 as the Proposed Site for the New Fire Hall. Councilmember Maxwell reported that he had made contact with Robert Americk prior to the election and agreed to recontact Mr. Americk after the results of the election were known. He indicated that he does have his Florida address and that he can contact him by phone or by mail. Mr. Maxwell originally suggested making an offer equal to the appraised value with Mr. Americk paying all of assessments. Councilmember Fair raised a question on having Councilmember Maxwell, realtor by profession, represent the City in this real estate transaction. Her question revolved around whether or not the City should utilize Mr. Maxwell as an individual or Mr. Maxwell's company. Councilmember Maxwell said that he would be glad to conduct the transaction without any compensation, but he would wish to be reimbursed for actual out-of-pocket expense. Eidem also commented that the City should probably consider using Mr. Maxwell as the individual, since he is a Council member and real estate is his area of expertise, rather than giving an appearance of trying to cover the transaction and avoid conflict of interest by utilizing a company name. Mr. Maxwell again reiterated the fact that he did not want compensation, only expense reimbursement, and thus felt no conflict of interest was present. Several members had a question about the projected amount of fill for the site and whether or not the proposed cost makes the land unreasonable. Using comparable values for the sale of Block 32, which does not require fill, the City might consider repurchasing the west half of that block in order to facilitate Fire Hall construction. Eidem raised a question as to whether or not the actual appraisal should be reconsidered when the projected cost of filling the lot is established to be $96,000 while the appraisor reduced the value of the land by a mere $20,000 because of the need for fill. Eidem stated that perhaps the appraisal was not entirely accurate or did not take into account the quality and quantity of fill that would be required to make the property comparable to Block 32. Councilmember Maxwell said that was a very real possibility; and in light of the soils testing and architectural recommendations for fill, the offer for the land should be reduced accordingly. Motion by Fair, second by Blonigen, and carried unanimously directing Maxwell to offer a $2,000 earnest check to Mr. Americk and to commence negotiations for land acquisition and further, upon tentative agreement of purchase price,to return to the City Council for final ratification. M Council Minutes - 11/13/84 11. Consideration of Replacement of a 1972 Snowplow Truck, Approval of Specifications, and Bid Advertisement. Public Works Director, John Simola, began by reviewing the data supplied in the agenda supplement. He indicated that the 1972 Chevrolet dump truck was due for replacement. He indicated that a number of items were beginning to show wear and further, at the budget meeting the Council had authorized an allocation for truck replacement. Mr. Simola discussed the research that City staff had done to determine what would be the most effective vehicle for the City. He noted that the budget contained figures based on an original projection that a tandem axle truck would be beneficial but that on further review, it was determined that a single axle would be most effective. Mr. Simola had also provided some additional cost data at the meeting and reviewed that with the City Council. Councilmember Blonigen stated he had certain objections to the data supplied to the Council. He noted that it seemed to be a more common occurrence lately that he was at opposite ends with the Public Works Director in determining cost estimates and cost effectiveness for City services. He acknowledged that that was not as it should be but was unable to resolve the differences. He felt that he had clearly explained his objections to the data provided during the budget work sessions with respect to truck replacement and that the data provided at this time did not make him feel any more comfortable with the acquisition. At that point, Mr. Simola agreed to go over the sheet of cost data with the Council in detail. He noted that from the actual records, the four City units have an average mileage of 2.8 miles per gallon. Mr. Simola stated that in talking to dealers of diesel dump trucks, they had projected mileage rates in excess of 4 miles to the gallon, but conceding to Councilmember Blonigen's concern that dealers do not provide accurate information, Mr. Simola indicated he contacted four other communities that used diesel trucks. Simola noted that the four other governments that he contacted all reported mileage ratings in excess of 6 miles per gallon as opposed to the 4 miles per gallon stipulated by the truck dealers. He felt that the actual records of these other jurisdictions would bear out the fact that diesel was more effective in operations. Mr. Simola also noted that using the statistics prepared by the International Team Data Base, an organization that specializes in compiling statistics for the maintenance and operations of trucks, that there would be a $.098 per mile savings in maintenance cost. In his preparation of statistics, Mr. Simola conceded that even if the International Team Data Base had made an error of 100%, the savings to the City would still be $196 a year. The $196 per year maintenance savings when coupled with the projected fuel savings totaled $1,232.05 per year in savings for diesel over gasoline operation. Mr. Simola also acknowledged that this figure does not take into account any down time for wet engines, nor does it account for man hour time saved by -7- Council Minutes - 11/13/84 having to fuel the truck less often. Simola noted that the decision to purchase a diesel engine for the truck as opposed to a gasoline engine would cost the City approximately $5,000 more, but the savings in operations and maintenance would pay for itself in slightly over 4 years. At that point, Councilmember Blonigen raised the issue about whether or not they had computed interest lost had the $5,000 been invested rather than spent on a truck. Mr. Simola said that, in fact, they had computed some interest but found that to be nonconsequential in that computing lost interest on potential investments is not an accepted practice within governmental units in gauging capital cost. Simola indicated that Eidem had contacted a couple cities on their financing procedures and cost analysis as well as utilizing the International City Management Association's Management Information Services for doing cost benefit analysis. Blonigen countered Simola's statement by saying that interest absolutely had to be computed, that it was irresponsible to not include interest analysis in the cost. Blonigen went on to say that he felt the numbers were totally inaccurate because the resources he had discussed the matter with had informed him that any mileage under 12,000 annually could not generate a savings with a diesel engine. Blonigen went on to say that, in his estimation, the figures had been inaccurately presented so as to project data that would entice the Council to make a specific selection to suit Mr. Simola's needs. He stated that it seemed to him that John had predetermined that he wanted a diesel truck and, consequently, presented only the numbers that would assist the Council in selecting a diesel truck. Eidem indicated that a conversation very similar to this one had been held at an earlier Council meeting when staff and Council were discussing contracting versus hiring an additional maintenance person. He indicated that at that time the same allegation was made by Councilmember Blonigen that staff inaccurately reflects the data collected so as to predetermine the selection by the Council or to alter and affect the alternatives that might be available to the Council. He indicated that a challenge to the integrity of the staff was unwarranted in that there is absolutely no personal gain to be had by making any particular purchase over another. Eidem stated that the presentation of data in order to assist the Council in making decisions is done in an objective fashion based on the research of City staff through various professional experts. Eidem cited that the cost/benefit analysis method was taken from the Institute of Engineering and Technology at the University of Oklahoma, that data was compiled from the International Team Data Base, that the Management Information Service and the International City Management Association provided cost/benefit analysis techniques, and further that the four communities Mr. Simola had surveyed had provided their data which documented successful use of diesel Wo Council Minutes - 11/13/84 engines. Eidem stated that the staff clearly presented their research and resource materials for the Council to question, but that Mr. Blonigen provided no names as to who the expert witnesses were countering the data provided by staff. At this point Mr. Blonigen indicated that he relied on information supplied by Hoglund Bus Company of Monticello. Continuing on, Eidem requested permission to address the question of the lost interest investment. He indicated that he had contacted several metropolitan communities and some outstate communities and found that the loss of interest because of a purchase of more expensive equipment was never computed into the overall cost because such a concept when extended out became absurd. He stated that absurd on one end would be to say we have the option of shutting down the City entirely and investing all $41:1 million because we could earn so much interest on it. This, he noted, was clearly not an option. The absurdity at the other end is whether or not to buy a single package of toilet paper because it's cheaper or to buy a whole case of toilet paper because it's cheaper per unit. However, the computation of lost interest by buying the case might make the 4 -pack cheaper. Eidem acknowledged that both examples were absurd but felt that they amply illustrated why lost interest investment could not be computed into the purchase of essential equipment. Eidem also stated that in the budgeting process the Council levies a certain sum for taxation collection, and those sums have been predetermined to be expended. He noted that if, however, the City is able to operate under budget, then there definitely would be a benefit in investing the surplus funds. He went on to say that the City does not, however, levy to create investment funds for the sole purpose of generating interest income. Eidem stated that levy was intended to be spent and that the City is not an investment company bent upon generating interest income. Blonigen responded that that may well be but that the Council is still responsible for buying the most cost effective piece of equipment. Simola responded that according to the data, that's exactly what staff is recommending. Regarding trade-in, Simola said diesel is reported to have greater trade-in value. Mayor Grimsmo asked that discussion be brought to a close on this issue in that the debate seemed to be not generating any kind of resolution to the issue. The Mayor asked if there was a motion. Motion by Maxwell to grant approval to the proposed replacement of the 1972 Chevrolet, to grant approval to the plans and specifications submitted by the Public Works Department, and to authorize staff to advertise for bids. The motion was duly seconded by Councilmember Fair. Voting in favor: Maxwell, Grimsmo, Maus, Fair. Voting in the opposition: Blonigen. 12. Consideration of a Resolution Authorizing Payment to the Minnesota Coalition of Outstate Cities to be Used for Legislative Representation Services. Councilmember Maus opened the discussion with a question relating Om Council Minutes - 11/13/84 to the role of the League of Minnesota Cities. It was his understanding that the League of Cities provided all of the lobbying expertise on behalf of all cities in Minnesota. Eidem explained that the Local Government Aid issue had created a split in the League of Cities to a point that the Board of Directors for the League had assumed a position of no position. Because of the varying interests in the Local Government Aid formula, the League of Cities Board of Directors felt that they could not adequately and justifiably maintain a position that would be suitable to the majority of cities in the League. Consequently, the League Board had granted permission to all member cities to align themselves with whatever appropriate affiliation could lobby on the Local Government Aid formula in their best interests. Eidem explained that the Coalition of Outstate Cities had elected to pursue engaging a professional lobbyist to represent the entire Coalition in their efforts to protect the Local Government Aid formula in the 1985 Legislative Session. He stated that as a member, the 20� per capita fee would result in an expenditure of $584. Councilmember Maus asked how many other cities were members of this and what share would they pay toward the membership. Eidem, in order to clarify the matter, stated that there were 46 member cities, but this was not the membership fee. He stated that the $584 is a one time contribution to the Coalition to hire a lobbyist solely for the 1985 Legislative Session. He explained that this would not be an annual levy against the City as a part of its membership obligation. The Mayor noted that were the City to act alone to hire a professional lobbyist for the Legislative Session, the $584 in question would very likely be gone in a single day's effort. Consequently, it was his position that the $584 would be well spent when combined with the amounts of the other cities to organize a professional lobbying effort to protect the Local Government Aid formula. Motion by Maus, second by Fair, and carried unanimously to adopt the following resolution. See Resolution 1984 #49. 13. Mayor Grimsmo asked City Administrator Eidem to present an update on the status of the intersection of T. H. 25 and County Road 117. Grimsmo acknowledged that this was not an agenda item but understood that some developments had brought this issue to the forefront of importance. Eidem explained that the concept of an interim traffic signal had been denied by the Department of Transportation based upon the plans that had been originally submitted. He indicated that he discussed the rejection of the plan with Jim Povich of the Department of Transportation on Thursday, November 8, and that further solutions to the problems were discussed at that time. Eidem noted that the discussion with Povich included several alternatives that the City requested MN/DOT to continue to investigate. He said that Povich agreed to look at it, although Mole Council Minutes - 11/13/84 they were uncertain as to whether or not they could grant approval. Eidem reported that on late Friday afternoon, November 9, Mr. Povich called City Hall and reported that an interim design solution had been reached and would the City Council please review the layout at their next regular meeting. Eidem then went over the layout plan as presented by MN/DOT which would provide for interim traffic signal lights as well as channelization. He indicated that in order to facilitate traffic adjusting to the new lane alignment, standard MN/DOT barrel dividers would be utilized at least until spring and maybe longer. He also indicated that the interim design is meant to last for approximately 18-24 months until final construction of the overall project is complete. Eidem reported that the State is willing to assume full cost for the design and installation of the interim solution, but the State would like financial consideration to be credited to their share of the overall project in 1986. Eidem stated that MN/DOT, on a very rough estimate, computed the total cost of the interim design to be $40,000.00, one-half of which would be municipal responsibility. Eidem stated that the resolution he had prepared for Council adoption stipulated that in no case would the City expend more than $20,000 on the interim solution. Councilmember Maxwell then stated that based on those figures, $20,000 at 20 months yields a cost of $1,000 per month for the installation of this light. Eidem confirmed that and noted that the City would very likely be responsible for the ongoing maintenance of those lights since that is a responsibility that has already been passed to the City at the other traffic light. Motion by Fair, second by Blonigen, and carried unanimously to adopt the following resolution. See Resolution 1984 #50. 14. Mayor Grimsmo gave a brief report on the happenings of the Orderly Annexation Area and reported that a large storage facility had been approved, but that a proposed subdivision near the Halliger property had been denied. He did state that the proposed subdiviw;ion also contained a rezoning request which had been approved. 15. There being no further business, the meeting was adjourned. Thous A. Eidem City Administrator man