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City Council Minutes 10-28-2002MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, October 28, 2002 - 7 p.m. Members Present: Roger Belsaas, Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen Members Absent: None 1. Gill to Order and Pledge of Allegiance. Mayor Belsaas called the meeting to order at 7:05 p.m. and declared a quorum present. The Pledge of Allegiance was said. A moment of silence was observed in remembrance of the eight individuals who lost their lives in the crash of Senator Wellstone's plane. Mayor Belsaas stated that the City Council met in closed session on October 21, 2002 and also on October 28, 2002 relating to litigation matters on the wastewater treatment plant. 2. Approve minutes of October 14, 2002 regular Council meeting. BRUCE THIELEN MOVED TO APPROVE THE MINUTES OF THE OCTOBER 14, 2002 REGULAR COUNCIL MEETING. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. 011ie Koropchak, Economic Development Director, added an agenda item changing the contract for private development between the City, the HRA and Central Minnesota Housing Project. Jeff O'Neill, Deputy City Administrator, added an agenda item to approve a resolution authorizing submittal of a contamination investigation and remediation action plan development application for the Ruff Auto site. He noted that this was for the cost of the study only. These items were added to the consent agenda as items 5F and 5G. Clint Herbst requested that a discussion on sirens operating between the hours of 11 p.m. and 7 a.m. and engineering concerns be added to the agenda. Roger Carlson indicated that he would like to comment on the staff report relating to residency requirements for municipal candidates. BRIAN STUMPF MOVED TO ADD AGENDA ITEM #11 RELATING TO THE AMENDMENT TO THE CONDITIONAL USE PERMIT FOR SUNNY FRESH FOODS WITH THE CONDITIONS NOTED BY THE PLANNING COMMISSION TO THE CONSENT AGENDA. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Council Minutes - 10/28/02 4. Citizen comments/petitions request and complaints. None. 5. Consent Agenda. A. Consideration of approving Change Order No. 1 to Front Street Improvement Project No. 2001-06C. Recommendation: Approve Change Order No. 1 to the Front Street Improvement Project No. 2001-06C increasing the contract amount with Schluender Construction by $12,948.50. B. Consideration to approve authorization to enter into a Grant Agreement between the State of Minnesota and the City of Monticello for the UMC Project. Recommendation: Move to approve authorization to enter into Grant Agreement #LDAP-02-0135-AH-FY03 between the State of Minnesota and the City of Monticello and to approve an interest rate of 2.75% for the loan to UMC (the Borrower). C. Consideration of agreeing to a future turnback of vacated Highway 25 right of way - John Lundsten. Recommendation: In order to expedite the City receiving the new Cedar Street right of way alignment, any additional excess right of way turned back by MnDOT to the City will be transferred to the adjacent property owner, John Lundsten contingent upon the City receiving a petition for Cedar Street extension and agreeing to waive the public hearing requirements for the improvement and assessments. D. Consideration of Personnel Committee Recommendations: 1. Consideration of participation in Minnesota State Retirement System Health Care Savings Plan. Recommendation: Move to approve City participation in the State Retirement Health Care System Plan with a provision that the City allows employees who have accumulated in excess of the 100 day maximum to be allowed to contribute up to 100 hours each year to the plan until they reach the maximum allowed under the present persom-iel policy. 2. Consideration of adopting formal policies regarding employee and council reimbursement for meal expenditures, funding for employee social events and city membership in the Chamber of Commerce. Recommendation: Adopt formal policies regarding employee and council reimbursement for meal expenditures, funding for employee social events and city membership in the Chamber of Commerce. 3. Consideration of establishing a pre-tax flexible spending account. Recommendation: lam, Authorize the establishment of a pre-tax flexible spending account for city employees that sets a limit of $2,500 per year for employees who are permanent full-time or permanent part-time with a least six months of employment. 2 Council Minutes - 10/28/02 4. Consideration of expanding City Hall operating hours and developing a flexible work schedule for employees. Recommendation: Authorize staff to establish a flexible work plan for city hall employees on a six month trial basis. E. Consideration of authorizing eminent domain proceedings for acquiring permanent right of way as part of the CSAH 75 Project No. 2000-16C. Recommendation: Authorize the city attorney to begin the process of eminent domain for acquisition of 50 square feet of permanent right of way for the CSAH 75 project at the southwest corner of West Broadway and Elm Street. F. Consideration to approve changing the Contract for Private Development by and among the City, the HRA and the Central Minnesota Single Family Housing, LLC. Recommendation: Move to approve changing the Contract for Private Development by and among the City, the HRA and the Central Minnesota Single Family Housing, LLC to reflect the change from a single payment of $158,000 up -front TIF financing to three payments. G. Consideration of adopting a resolution authorizing submittal of a Contamination Investigation and Remediation Action Plan (RAP) Development Application. Recommendation: Move to adopt a resolution supporting submittal of said application contingent upon the property owner providing funds or guarantees necessary to field the local share. BRUCE THIELEN MOVED TO APPROVE THE CONSENT AGENDA WITH THE ADDITION OF ITEMS 5F, 5G AND 11 AND ITEM 5D4 BEING REMOVED FOR DISCUSSION. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY 6. Consideration of items removed from the consent agenda for discussion. Brian Stumpf asked for clarification on the flexible work schedule for employees, item 5D4. City Administrator, Rick Wolfsteller, explained that for a trial period of six months, the staff would be looking at extended hours of operation by allowing flexible works hours. The six month trial basis would allow time to evaluate whether there was sufficient staff to cover the extended hours. Brian Stumpf stated that he did not want to see hours of operation changing frequently as it would be confusing and inconvenient for residents. Rick Wolfsteller indicated that once the hours of operation were established for the trial period, they would not change during that period. Clint Herbst felt that the Council should evaluate the flexible schedule at the end of the six month period regardless. BRUCE THIELEN MOVED TO APPROVE AUTHORIZING STAFF TO ESTABLISH A FLEXIBLE WORK PLAN FOR EMPLOYEES THAT WOULD EXPAND THE OFFICE HOURS MONDAY THROUGH THURSDAY FOR CITY HALL. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. J Council Minutes - 10/28/02 7. Public Hearing- Consideration of a resolution adopting Proposed assessment roll for 7" Street East, Project No. 2001-07C. City Engineer, Bret Weiss provided background on this item explaining the scope of the project and the method of assessing the cost for the work done on 7"' Street East. 7t'' Street was a rural design street and the improvement upgraded it to urban design, added curb and gutter, pathway and water main services for a parcel of undeveloped property. Total project cost, including indirect cost came to $525,717.07. 100% of the cost to widen the street was assessed and 20% of the reconstruction cost was proposed to be assessed. Bret Weiss noted that the assessment was placed against those properties that had access onto 7"' Street East. Mayor Belsaas opened the public hearing. There was no one present who commented for or against the proposed assessment. Mayor Belsaas then closed the public hearing. BRIAN STUMPF MOVED TO APPROVE THE RESOLUTION ADOPTING THE ASSESSMENT FOR 7TH STREET EAST FROM CEDAR STREET TO WASHINGTON STREET AS PRESENTED. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Resolution No. 2002-67. 8. Public Hearing - Consideration of a resolution adopting proposed assessment roll for Walnut Street Corridor Improvements, Project No. 2000-17C. City Engineer, Bret Weiss outlined the scope of the project and the proposed assessment of cost. The Walnut Street project included construction of sidewalk, a bituminous pathway, landscaping, street lights and paver brick. Total project cost including indirect cost was $520,467.64.. Bret Weiss noted that Sunny Fresh had agreed to pay the assessment for the sidewalk for the parcels on 4"' Street. 25% of the street lighting cost was proposed to be assessed. Silver Creek Development was previously assessed a set amount as per their development agreement and the City and HRA were also picking up a portion of the project costs. Mayor Belsaas opened the public hearing. Tim Siracco from Sunny Fresh questioned some of the quantities on their proposed assessment for sidewalk and trees. He was directed to meet with the city engineer and staff to verify the quantity amounts. No one else present spoke for or against the proposed assessment. Mayor Belsaas then closed the public hearing. CLINT HERBST MOVED TO APPROVE THE RESOLUTION ADOPTING THE ASSESSMENT FOR THE WALNUT STREET CORRIDOR IMPROVEMENTS WITH VERIFICATION BY THE CITY ENGINEER OF THE AMOUNTS FOR THE SUNNY FRESH PROPERTY. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Resolution No. 2002-68. 11 Council Minutes - 10/28/02 9. Public Hearing - Consideration of a resolution adopting_ proposed assessment roll for delinquent utilitv bills. City Administrator, Rick Wolfsteller provided the background information for this item. Mayor Belsaas questioned the high amounts of some of the delinquent accounts. Rick Wolfsteller clarified that those accounts over $500 are notified that the water would be shut off unless payment is made. Mayor Belsaas opened the public hearing. There was no one present who spoke for or against the proposed assessment. Mayor Belsaas closed the public hearing. BRUCE THIELEN MOVED TO APPROVE THE RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR DELINQUENT UTILITIES AS PRESENTED. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Resolution No. 2002-69. 10. Public Hearing - Consideration of a resolution adopting proposed assessment roll for delinquent miscellaneous accounts receivables (MARS). City Administrator, Rick Wolfsteller provided the background on this agenda item noting that most of the delinquent accounts receivable were either for abatement of blights/nuisances or for development fees. Mayor Belsaas opened the public hearing. No one present spoke for or against the proposed assessment. Mayor Belsaas then closed the public hearing. BRIAN STUMPF MOVED TO APPROVE THE RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE DELINQUENT ACCOUNTS RECEIVABLES AS PRESENTED. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Resolution No. 2002-70. 11. Consideration of amendment to conditional use permit for planned unit development allowing for expansion of truck parking, bulk LP storage, service bay additions; paving for bulk waste product transport, sidewalks and landscaping. Applicant Sunny Fresh Foods. This item was approved with consent agenda. Council action was to approve an amendment to the conditional use permit based on the finding that the expansion is consistent with the character of the neighborhood and consistent with the Comprehensive Plan for the City and subject to the following conditions: 1. Amendment to the site plan showing 0 setback as proposed by Sunny Fresh, however site plan should show a staggered double row of pine plantings between the pathway and the Sunny Fresh curb. If space does not allow for two rows between pathway and Sunny Fresh curb, one of the two rows of pine plantings should be placed on the Community Center side of the pathway. 5 Council Minutes - 10/28/02 2. Provide for additional parking island delineators at eastern end of each parking isle unless delineators interfere with garbage truck movements. 3. Stormwater plan should be designed to meet stormwater design standards in terms of volume control. 4. Documentation regarding parking stall demand to be provided by Sunny Fresh. Sunny Fresh is to comply with minimwn standards for parking or provide funds to City in accordance with City code. 5. Establishment of a license agreement allowing Sunny Fresh to have use of the Linn Street right of way. 6. Photometric plan must be provided that is in full compliance with City Ordinance. 12. Consideration of a resolution authorizing use of condemnation for acquisition of Custom ,qheet Metal_ Deputy City Administrator, Jeff O'Neill provided an update to this item. He noted that there is continued negotiation with the property owner in an effort to avoid condemnation and also they are looking at site designs that would eliminate the need to acquire the property. In the future the City may need to pursue using condemnation for acquisition of the property but for the time being they will continue with negotiations. Clint Herbst asked what the commitment factor of the developer was to make sure that the proposed development proceeds. Roger Belsaas also questioned whether the developer had demonstrated the need for acquisition of the property. It was recommended by the City Attorney, Matt Brokl, that the resolution authorizing use of condemnation be tabled. CLINT HERBST MOVED TO TABLE ACTION ON THE RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE THE CUSTOM SHEET METAL SITE UNTIL THE NOVEMBER 12, 2002 MEETING. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Added Items: Sirens - Clint Herbst noted that he had received calls from residents concerning the operation of sirens on emergency vehicles such as ambulances between the hours of 11 p.m. and 7 a.m. He questioned if there was anything in city ordinance governing this or whether the emergency vehicles could operate using only flashing lights instead of the lights and siren. Brian Stumpf suggested that there might be some requirement for emergency vehicles to utilize both lights and sirens. City Administrator, Rick Wolfsteller will check into the matter. Engineering - Clint Herbst indicated that he had received a number of complaints concerning stormwater runoff from developments. He felt that over the winter, the city engineer and staff should look at these developments and come up with solutions to correct the problem. Bret Weiss noted that they have identified a number of problem areas and are working to correct drainage issues. In River Forest development the engineer is working with a local contractor to come in and do the corrective work and then the city will attempt to recoup the cost of the work from the developer. He noted that in Parkside at Meadow Oaks the problem is caused because the drainage ditch adjacent to the wetland area is filled in and the contractor will Z Council Minutes - 10/28/02 be taking care of this. In Rolling Woods the problem would not be correct until adjacent property is developed. Until that time there are limited options that the city can pursue, such as constructing temporary storm sewer or diverting the runoff water back onto the adjacent property. However, the engineer stated he would continue to work on these and other drainage problems to get them resolved. Residency Requirements - Roger Carlson noted the staff report submitted concerning election law requirements relating to residency. He indicated that he had been contacted by residents and other candidates about the residency requirement and although he was not requesting that the Council take any action at this time he did feel this issue may come up again. CSAH 75 Right of Way - The Council briefly discussed the negotiation process for the 50 sq. ft. of permanent right of way need for the semaphore on CSAH 75. The negotiations have not been successful and since the property owner has now refused an offer he had originally proposed to the city, it seems unlikely that continued negotiation will be successful. Under the cooperative agreement with the County for the CSAH 75 it is the responsibility of the city to obtain any permanent right of way that is required. Mayor Belsaas questioned why a larger radius was needed at this intersection. John Simola, Public Works Director, indicated that it was because of the truck and bus traffic and also because of the right turn lane. The Council felt that since this was an issue of public safety, they needed to proceed with the acquisition of the right of way. 13. Approve payment of bills for October. BRUCE THIELEN MOVED TO APPROVE PAYMENT OF BILLS FOR OCTOBER. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 14. Adjourn. BRIAN STUMPF MOVED TO ADJOURN AT 8 P.M. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. OCAIAlM s Recording Secretary 7