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City Council Minutes 12-11-2000MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, December 11, 2000 - 7 p.m. Members Present: Roger Belsaas. Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen Members Absent: None Mayor Belsaas called the meeting to order at 7 p.m. and declared a quorum present. 2A. Approve minutes of November 27, 2000 regular council meeting. BRUCE THIELEN MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 27. 2000 REGULAR COUNCIL MEETING WITH THE CORRECTION THAT THE APPRAISER SELECTED TO CONDUCT THE APPRAISAL ON THE CSAR 75 PROJECT WOULD BE MUTUALLY AGREED UPON BY THE CITY AND KEAN PROPERTIES. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 213. Approve minutes of December 6. 2000 special council meetin BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE DECEMBER 6, 2000 SPECIAL COUNCIL MEETING. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to theagenda. 011ie Koropchak added to the consent agenda a resolution amending the contract for private development between the City, the HRA and Twin City Die Castings Company to extend the construction date deadline. CLINT HERBST MOVED TO ADD AGENDA ITEM 49 (HEARTLAND BUS CONTRACT) AND AGENDA ITEM #11 (PLANNED UNIT DEVELOPMENT-HOGLUND BUS COMPANY) TO THE CONSENT AGENDA. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4. Citizen comments/petitions, requests and complaints. None. 5. Consent Agenda A. Consideration of approving Land Surveyor's Certification of Correction for the plat of Klein Farms Sixth Addition. Recommendation: Adopt resolution correcting easement dimensions identified in the key of the Klein Farms Sixth Addition. Council Minutes - 12/11 /00 B. Consideration of approving new hires and departures for the Community Center. Recommendation: Ratify the hiring of new employees as identified. C. Consideration of salary schedule adjustment for 2001. Recommendation: The Council establish a cost of living adjustment for the wage scales that would apply to non-union employees that is in line with the Minneapolis/St. Paul CPI. D. Consideration of fund transfers for 2000. Recommendation: Approve the transfers as recommended. E. Consideration of adopting increases to the development fee structure. Recommendation: Adopt proposed changes to the development fees as recommended on Exhibit A. F. Consideration of accepting petition and calling for hearing on balance of vacation of utility easements for Lots 1, 2 and 3, Block 1, 90" Street Addition. Recommendation: Accept petition and call for a public hearing on the vacation of utility easements. City Administrator, Rick Wolfsteller noted a correction in Item 5E for the water access charge. The access charge increase approved in September was to take effect January 1, 2001 so the agenda item should not have shown any additional increase. Clint Herbst asked that Item 5C be pulled from the consent agenda. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE ADDITIONS OF THE TWIN CITY DIE CASTINGS RESOLUTION, HEARTLAND BUS CONTRACT AND PLANNED UNIT DEVELOPMENT FOR HOGLUND BUS COMPANY AND REMOVAL OF ITEM 5C. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. Item 5C, Consideration of salary schedule adjustment for 2001 was pulled because Clint Herbst questioned the difference between the 4.2% Minneapolis/St. Paul Consumer Price Index and the 3%-3.5% increases approved by neighboring communities. Bruce Thielen suggested adopting a 3% increase now and discussing the remaining 1.2% difference when the Personnel Committee meets. Clint Herbst asked about doing a comparable worth study since one had not been done since 1991. He felt that a comparable worth study should be something that the Personnel Committee addresses when they meet. BRUCE THIELEN MOVED TO ADOPT A 3% COST OF LIVING ADJUSTMENT WITH THE UNDERSTANDING THAT THIS WILL BE CONSIDERED BY THE PERSONNEL COMMITTEE AFTER THE FIRST OF THE YEAR. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. V 2 Council Minutes - 12/11/00 7. Public HearinLy - Consideration of vacation of utilitv easement within Lot 2. Block 1. 901" Street Addition. Jeff O'Neill explained the reason for the vacation of the easement noting that the cable line has been relocated and the easement is no longer needed. Vacating the easement which is no longer necessary will allow the building to be constructed as proposed. In addition when the revised final plat is submitted, it will include easements for utilities. Mayor Belsaas opened the public hearing. No one spoke for or against the proposed vacation. Mayor Belsaas closed the public hearing. CLINT HERBST MOVED TO APPROVE THE VACATION OF UTILITY EASEMENTS WITHIN LOT 2, BLOCK 1 OF THE 90TH STREET ADDITION INCLUDING GRANTING A LICENSE TO CONSTRUCT A BUILDING ON THE EASEMENT. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Adoption Hearing - Consideration of adoption of 2001 Budget and Tax Levy. City Administrator, Rick Wolfsteller provided background information on the proposed budget and levy noting that the hearing tonight is a requirement of the Truth in Taxation process. He also stated that the proposed final budget did not increase from the amount of the preliminary budget certified to the county on September 15, 2000. The proposed levy of $5,067,342 is an increase of approximately 6.9% over the dollars collected in 2000. Assuming there is no increase in a property's market value it would be only a 2.4% increase in taxes. Mayor Belsaas opened the public hearing. No one spoke for or against the proposed budget and tax levy. Mayor Belsaas then closed the public hearing. ROGER CARLSON MOVED TO APPROVE THE RESOLUTION ADOPTING THE 2001 BUDGET AND SETTING THE TAX LEVY AT $5,067,342. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. RES. No. 2000-90. 9. Consideration of award of Heartland Bus contract. Approved as part of consent agenda. 10. Consideration of an agreement with Sunny Fresh Foods for wastewater discharge permit increase and cost sharing agreement for expansion of wastewater treatment plant. Public Works Director, John Simola submitted a report prepared by US Filter on the sludge thickening proposal for the wastewater treatment plant. The City has received a request from Sunny Fresh Foods to increase the terms of their wastewater discharge permit with the City. Initially Sunny Fresh felt a 25% increase would be sufficient but they are now requesting an increase from 3,000 lbs BOD to 4,500 lbs BOD which would be a 50% increase. If the City approves the concept of increasing the limits of the wastewater discharge permit. the City J v MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, December 11, 2000 - 7 p.m. Members Present: Roger Belsaas. Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen Members Absent: None Mayor Belsaas called the meeting to order at 7 p.m. and declared a quorum present. 2A. Approve minutes of November 27, 2000 regular council meeting. BRUCE THIELEN MOVED TO APPROVE THE MINUTES OF THE NOVEMBER 27, 2000 REGULAR COUNCIL MEETING WITH THE CORRECTION THAT THE APPRAISER SELECTED TO CONDUCT THE APPRAISAL ON THE CSAH 75 PROJECT WOULD BE MUTUALLY AGREED UPON BY THE CITY AND KEAN PROPERTIES. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 2B. Approve minutes of December 6, 2000 special council meeting. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE DECEMBER 6, 2000 SPECIAL COUNCIL MEETING. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of addinLy items to the aLFenda. 011ie Koropchak added to the consent agenda a resolution amending the contract for private development between the City, the HRA and Twin City Die Castings Company to extend the construction date deadline. CLINT HERBST MOVED TO ADD AGENDA ITEM #9 (HEARTLAND BUS CONTRACT) AND AGENDA ITEM #11 (PLANNED UNIT DEVELOPMENT-HOGLUND BUS COMPANY) TO THE CONSENT AGENDA. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4. Citizen comments/petitions, requests and complaints. None. �. Consent Agenda A. Consideration of approving Land Surveyor's Certification of Correction for the plat of Klein Farms Sixth Addition. Recommendation: Adopt resolution correcting easement dimensions identified in the key of the Klein Farms Sixth Addition. 1 Council Minutes - 12/11 /00 B. Consideration of approving new hires and departures for the Community Center. Recommendation: Ratify the hiring of new employees as identified. C. Consideration of salary schedule adjustment for 2001. Recommendation: The Council establish a cost of living adjustment for the wage scales that would apply to non-union employees that is in line with the Minneapolis/St. Paul CPI. D. Consideration of fund transfers for 2000. Recommendation: Approve the transfers as recommended. E. Consideration of adopting increases to the development fee structure. Recommendation: Adopt proposed changes to the development fees as recommended on Exhibit A. F. Consideration of accepting petition and calling for hearing on balance of vacation of utility easements for Lots 1, 2 and 3, Block 1, 90" Street Addition. Recommendation: Accept petition and call for a public hearing on the vacation of utility easements. City Administrator, Rick Wolfsteller noted a correction in Item 5E for the water access charge. The access charge increase approved in September was to take effect January 1, 2001 so the agenda item should not have shown any additional increase. Clint Herbst asked that Item 5C be pulled from the consent agenda. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH THE ADDITIONS OF THE TWIN CITY DIE CASTINGS RESOLUTION, HEARTLAND BUS CONTRACT AND PLANNED UNIT DEVELOPMENT FOR HOGLUND BUS COMPANY AND REMOVAL OF ITEM 5C. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. Item 5C, Consideration of salary schedule adjustment for 2001 was pulled because Clint Herbst questioned the difference between the 4.2% Minneapolis/St. Paul Consumer Price Index and the 3%-3.5% increases approved by neighboring communities. Bruce Thielen suggested adopting a 3% increase now and discussing the remaining 1.2% difference when the Personnel Committee meets. Clint Herbst asked about doing a comparable worth study since one had not been done since 1991. He felt that a comparable worth study should be something that the Personnel Committee addresses when they meet. BRUCE THIELEN MOVED TO ADOPT A 3% COST OF LIVING ADJUSTMENT WITH THE UNDERSTANDING THAT THIS WILL BE CONSIDERED BY THE PERSONNEL COMMITTEE AFTER THE FIRST OF THE YEAR. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Council Minutes - 12/11/00 7. Public Hearing_-- Consideration of vacation of utility easement within Lot 2, Block 1, 90"' Street Addition. Jeff O'Neill explained the reason for the vacation of the easement noting that the cable line has been relocated and the easement is no longer needed. Vacating the easement which is no longer necessary will allow the building to be constructed as proposed. In addition when the revised final plat is submitted, it will include easements for utilities. Mayor Belsaas opened the public hearing. No one spoke for or against the proposed vacation. Mayor Belsaas closed the public hearing. CLINT HERBST MOVED TO APPROVE THE VACATION OF UTILITY EASEMENTS WITHIN LOT 2, BLOCK 1 OF THE 90TIl STREET ADDITION INCLUDING GRANTING A LICENSE TO CONSTRUCT A BUILDING ON THE EASEMENT. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Adoption Hearing - Consideration of adoption of 2001 Budget and Tax Levy. City Administrator, Rick Wolfsteller provided background information on the proposed budget and levy noting that the hearing tonight is a requirement of the Truth in Taxation process. He also stated that the proposed final budget did not increase from the amount of the preliminary budget certified to the county on September 15, 2000. The proposed levy of $5,067,342 is an increase of approximately 6.9% over the dollars collected in 2000. Assuming there is no increase in a property's market value it would be only a 2.4% increase in taxes. Mayor Belsaas opened the public hearing. No one spoke for or against the proposed budget and tax levy. Mayor Belsaas then closed the public hearing. ROGER CARLSON MOVED TO APPROVE THE RESOLUTION ADOPTING THE 2001 BUDGET AND SETTING THE TAX LEVY AT $5,067,342. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. RES. No. 2000-90. 9. Consideration of award of Heartland Bus contract. Approved as part of consent agenda. 10. Consideration of an agreement with Sunny Fresh Foods for wastewater discharge permit increase and cost sharing agreement for expansion of wastewater treatment plant. Public Works Director, John Simola submitted a report prepared by US Filter on the sludge thickening proposal for the wastewater treatment plant. The City has received a request from Sunny Fresh Foods to increase the terms of their wastewater discharge permit with the City. Initially Sunny Fresh felt a 25% increase would be sufficient but they are now requesting an increase from 3,000 lbs BOD to 4,500 lbs BOD which would be a 50% increase. If the City ( approves the concept of increasing the limits of the wastewater discharge permit. the CAN, Council Minutes - 12/11/00 would have to look at making improvements to the wastewater treatment plant in the following areas: 1) Sludge thickening; 2) Sludge storage and 3) Constructing an additional SBR (Sequence Batch Reactor) tank. John Simola stated that the sludge thickening process and the sludge storage issues were items the City would have to deal with in the near future. The construction of the SBR tank would happen earlier than 15-20 years scheduled but it would probably not,be needed yet for 6-8 years. The Council discussed the costs of the proposed improvements and Sunny Fresh's cost participation. Sunny Fresh was in agreement to pay 60%-100% of the cost of the sludge thickener and the sludge storage and 37 1/2% of the cost of the SBR tank plus interest expense costs to be determined. There was some discussion on the amount of capacity that would ultimately be needed by Sunny Fresh and their operation. Tim Sirocco and Dennis Darnell from Sunny Fresh were present and indicated that another plant has been constructed and some of the production and subsequent waste has been diverted to that site. He noted though that the product being produced at the Monticello site is more processed which impacts the amount and strength of waste produced. However, he did not feel there would be any radical changes in product that would skewer the flows generated by the Monticello facility. It is proposed that the cost figures as well as capacity needs would be refined and this item would come back to the Council in January. BRUCE THIELEN MOVED TO APPROVE TO CONCEPTUALLY ENTER INTO AN AGREEMENT WITH SUNNY FRESH FOODS TO EXPAND THE WASTEWATER TREATMENT PLANT PROVIDED SUNNY FRESH PAYS THEIR SHARE OF THE PROPOSED INCREASE AND UP FRONTS THE COST OF VARIOUS PIECES OF CONSTRUCTION UNTIL THE CITY'S ORIGINAL NEEDS DATE HAD ARRIVED AND THE CITY AGREES TO GRANT SUNNY FRESH AN INTERIM PERMIT CAPACITY INCREASE UPON APPROVAL OF AN AGREEMENT BETWEEN SUNNY FRESH FOODS AND THE CITY FOR COST SHARING ON CONSTRUCTION AND A FINAL PERMIT INCREASE UPON COMPLETION OF CONSTRUCTION WITH INFORMATION ON FINAL COSTS AND NEEDS TO COME BACK TO THE COUNCIL FOR CONSIDERATION IN JANUARY. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 11. Consideration of an amendment to the zoning map to establish a Planned Unit Development District and consideration of an application for a concept stage planned unit development to expand business. Applicant: Hoglund Bus Company. Approved with consent agenda. Lit 4 Council Minutes - 12/11 /00 12. Consideration of an ordinance amending the Monticello Zoning Ordinance, Chapter 3, Section 3-5, [D] 7, by adding subsections (a) and (b), establishing regulations for commercial vehicles in residential districts. Applicant: City of Monticello. Fred Patch provided background information on the proposed ordinance amendment. The City had received complaints about commercial vehicles parked in residential area. The Sheriff's Department indicated that the present wording of the City's ordinance made it difficult to enforce. The proposed amendment was an attempt to clarify what type of vehicle could not be parked in residential areas thus making this portion of the ordinance enforceable. Brian Stumpf asked if staff had checked out what other communities had before coming up with this proposed language. Fred Patch indicated they had not but the staff did submit this to the Sheriff's Department to determine if they felt it was enforceable. There was considerable discussion on the ordinance amendment. It was questioned whether the amendment was too restrictive and it was suggested that instead of eliminating commercial vehicles they should be limited, such as allowing one commercial vehicle not exceeding one ton. The discussion focused on the one ton vehicle and whether that should be restricted. Brian Stumpf felt that since most of the complaints dealt with larger vehicles that should be the type of vehicle targeted by the ordinance amendment. The Planning Commission had conducted two public hearings on the proposed amendment. Roy Popilek, a Planning Commission member, indicated that there was no one in attendance at the public hearings who spoke for or against the proposed ordinance amendment. The Planning Commission felt the proposed amendment would protect the residential areas from the presence of large commercial vehicles. Clint Herbst asked if the Planning Commission had a concern about one ton trucks. Roy Popilek stated the Planning Commission didn't specifically address size when they reviewed this issue. Bruce Thielen expressed his concern that creating a document that was ambiguous might be worse than doing nothing at all and the Council did not feel the matter should be sent back to the Planning Commission again since they had already reviewed it twice. BRUCE THIELEN MOVED TO DENY THE AMENDMENT TO MONTICELLO ZONING ORDINANCE CHAPTER 3, ESTABLISHING REGULATIONS FOR COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS. BRIAN STUMPF SECONDED THE MOTION. Roger Carlson voiced his opposition stating that a lot of work had gone into the ordinance amendment. There was further discussion by the Council on the ordinance amendment. Bruce Thielen withdrew his motion to deny the ordinance amendment. BRUCE THIELEN MOVED TO TABLE THIS ORDINANCE AMENDMENT AND HAVE STAFF DO FURTHER RESEARCH TO RESOLVE THE ISSUE OF VEHICLE SIZE. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH ROGER CARLSON VOTING IN OPPOSITION. Council Minutes - 12/11/00 13. Consideration of granting financial assistance to the Mielke commercial development. Jeff O'Neill summarized the staff report emphasizing the request for improvements to Cedar Street and also the request for financial assistance from the City. The developer is requesting City assistance for relocation of the water main, demolition of structures on the property, and forgiveness of trunk utility assessments. The developer had proposed that a tax abatement program be employed to fund this request. It was noted that the development will generate approximately $28,000 through the abatement program. The recommendation of the City staff was that if tax abatement is utilized as a development tool, the City should have in place guidelines and procedures for its use prior to it being implemented. The Council discussed the relocation of the water main. which John Simola, Public Works Director estimated would run approximately $20,000, possibly more if the sidewalk is disrupted. At this time Bret Weiss of WSB & Associates provided design information from the feasibility study being done on Cedar Street. WSB was asking for feedback from the Council on the options. Design Option #1 would allow for the I F of right-of-way to be vacated as requested by the developer and that was the option the Council felt -should be pursued further. Dennis Zylla representing the Mielkes spoke to the Council stating the following: 1. The cost of demolition of the houses at $9,250 was the bid amount not an estimate. 2. The trunk utility fees were not being forgiven as stated by city staff but would in fact be repaid. 3. The amount of the recaptured value was not calculated with the consultant's software. At the present time the market value is $400,000. If the project proceeds the market value would be in excess of $1,000,000. 4. They didn't object to the five lane street design as long as the right-of-way vacated was a minimum of I F as they were very much concerned about the overlapping of curb into The public right -'of -way. Mr. Zylla stated that what they are requesting are eligible costs if this would be a tax increment district but he indicated a willingness to work with the City in this area. BRUCE THIELEN MOVED TO HAVE THE CITY PICK UP THE COST OF THE RELOCATION OF THE WATER MAIN WITH MIELKE PROVIDING ADDITIONAL EASEMENT IF NEEDED, AND MIELKE TO WORK WITH THE FIRE DEPARTMENT ON THE DEMOLITION OF THE STRUCTURES BUT NO FURTHER FINANCIAL ASSISTANCE WOULD BE PROVIDED BY THE CITY. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Roger Belsaas directed Rick Wolfsteller and 011ie Koropchak to go back to the HRA and work out guidelines and policies for a tax abatement program. Council Minutes - 12/11/00 14. Approve payment of bills for December. BRUCE THIELEN MOVED TO APPROVE PAYMENT OF BILLS FOR DECEMBER. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 15. Adjourn. ROGER CARLSON MOVED TO ADJOURN AT 8:50 P.M. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 7