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City Council Minutes 02-13-1995 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, February 13, 1996 - 7 p.m. Members Present: Brad Fyle, Shirley Anderson, Clint Herbst, Brian Stumpf, Tom Perrault Members Absent: None 2. Approval of minutes of the special meeting held January 23, the regular meeting held January 23, and. the special meeting held January 31, 1995. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY GLINT HERBST TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD JANUARY 23, THE REGULAR MEETING HELD JANUARY 23, AND THE SPECIAL MEETING HELD JANUARY 31, 1995, AS PRESENTED. Motion carried unanimously. 1 3. Consideration of adding_items_to the agenda. A. Consideration of adopting a resolution supporting an administrative fee increase For deputy registrars. City Administrator Wolfsteller reported that the Minnesota Deputy Registrar's Association is requesting that the City Council adopt a resolution stating its support for increasing the administrative fee collected by the deputy registrars on DNR transactions from $.50 to $3.50 to coincide with the administrative fee of $3.50 charged for handling motor vehicle transactions. AFTER DISCUSSION, A MOTION WAS MADE BY GLINT HERBST AND SECONDED BY TOM PERRAULT TO ADOPT A RESOLUTION SUPPORTING AN ADMINISTRATIVE FEE INCREASE TO $3.50 FOR DEPUTY REGISTRARS HANDLING DNR TRANSACTIONS. Motion carried unanimously. SEE RESOLUTION 95-10. 4. Citizens comments/petitions,_reauests, and complaints. None. 5. Public Hearing--Consideration of a resolution adopting a housi._n~ plan and program for issuance of multi-housing revenue bonds. Mayor Brad Fyle opened the public hearing. Page 1 Council Minutes -2/13/95 Economic Development Director Ollie Koropchak reported that because the financial package for the senior housing project has not yet been approved, Council is asked to open the public hearing and continue it to the February 27, 1995, Council meeting. Continuation of the public hearing will allow time for the involved groups or individuals to define the project and resolve the financial gap for funding the proposed senior housing facility. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO CONTINUE THE PUBLIC HEARING TO FEBRUARY 27, 1995, AS REQUESTED. Motion carried unanimously. 6. Consideration of reviewing assessor's report for 1994 and setting the Board of Review for 1995 - Je Kramber. City Administrator Wolfsteller reported that the County Assessor has tentatively set Thursday, May 4, 1995, at 7 p.m., as the date for the City's 1995 Board of Review meeting, and Council was asked to confirm this date. It was the consensus of Council to set the 1995 Board of Review meeting for Thursday, May 4, 1995, at 7 p.m. Jerry Kramber, the City's Assessor, reviewed the 1994 Assessor's Report, noting that adjustments were made in valuations For residential lots in the original plat. Kramber explained that in the past, lots in the original plat were valued approximately the same no matter how many lots were included with one home site; therefore, valuations were increased For those homes with more than one lot. Also, the value on river lots and lots abutting the Monticello Country Club were increased to more accurately reflect the true values based on actual market conditions. After discussion, it was the consensus of Council to accept the City Assessor's report for 1994. 7. Consideration of confirmin a ointment of new Fire Chief -Mark Wallen. City Administrator Rick Wolfsteller reported that according to the fire department bylaws, fire department members elect a Fire Chief, who then is to be ratified by the City Council. He noted that the previous Fire Chief, Jerry Wein, elected not to continue as Chief, and the fire department members recently elected Mark Wallen as the new Fire Chief. Wallen has been a member of the fire department since 1977. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO RATIFY THE APPOINTMENT OF MARK WALLEN AS FIRE CHIEF FOR THE MONTICELLO FIRE DEPARTMENT. Motion carried unanimously. Page 2 Council Minutes - 2/13/95 8. Consideration of an u date re art on Senior Citizen Center activities for 1994 -Pam Loidolt. Pam Loidolt, Monticello Senior Citizen Center Director, updated the Council on senior center activities for the year 1994, noting that usage of the center has increased from 1993 to 1994. She also reported that the Monticello Senior Center will begin a dining program in March or April of 1995, which has received a positive response from area seniors. Mayor Fyle thanked Ms. Loidolt for her report on the 1994 activities of the Monticello Senior Citizen Center. No action was required by Council. 9. Consideration of a rovin reliminar lot of hose V of the Cardinal Hills residential subdivision. Assistant Administrator O'Neill reported that phase V of the Cardinal Hills residential subdivision will consist of 34 lots and is consistent with the development plan previously reviewed and approved by the City. He also noted that the City has obtained an outlot rather than an easement for the purpose of constructing a pathway to the park, which is an improvement over previous methods of obtaining pathways. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO APPROVE THE PRELIMINARY PLAT OF PHASE V OF THE CARDINAL HILLS SUBDIVISION. Motion carried unanimously. 10. Consideration of a rovin HIein Farms EAW and authorizin submittal to Environmental ualit Board. Assistant Administrator O'Neill reported that Council previously authorized completion of an Environmental Assessment Worksheet (EAW) in conjunction with development of the HIein Farms plat. Emmerich provided the funds necessary to complete the HIein Farms' share of the EAW and one-half of the cost to provide supplemental information describing the extension of trunk sanitary sewer service serving the Klein Farms and other future development areas, and OSM has completed the EAW for Council review. O'Neill went on to note that if Council votes to accept the EAW and authorizes submittal of the document to the Environmental Quality Board, the EAW will then be submitted fora 30-day comment period. After the 30- day time period has expired, Council will then be asked to consider making a negative declaration of impact associated with the development, which is - required before the project can proceed any further. Page 3 Council Minutes -2/13/95 AFTER DISCUSSION, A MOTION WAS MADE SY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO ACCEPT THE EAW AND AUTHORIZE SUBMITTAL TO THE ENVIRONMENTAL QUALITY BOARD. Motion carried unanimously. 11. Consideration of acce tin HIein Farms residential subdivision feasibilit st. udv. AND ].2. Consideration of orderin lane ands ecifications for im ravements to the HIein Farms residential subdivision. Assistant Administrator O'Neill reported that the feasibility study has been completed by OSM and outlines improvements to the HIein Farm residential subdivision. The School Boulevard extension is planned For construction in 1995 and will be included in a separate feasibility study currently being completed by OSM. He noted that dividing the project in two parts should result in lower bids because reducing the project into two smaller parts will open the project to more contractors. It was also noted that the developer, Tony Emmerich, plans on providing the City with funds necessary to complete plans and specifications. City Engineer Bret Weiss reviewed the estimated cost and assessments of the two phases of the project. O'Neill noted that staff is comfortable in financing the project using the public improvement process. Mayor Fyle noted his concern regarding the risk to the City with a project of this magnitude. City Engineer Bret Weiss responded that the risk of non-payment of assessments is minimal because the developer is required to provide 60% of the cost of improvements to the City in the form of a letter of credit, which the City can draw on in the event the developer does not pay the assessments. In addition, the City can eventually acquire the land if the developer forfeits it due to non-payment of assessments. The value of the letter of credit plus the value of the improved lots far exceeds the City debt associated with installing the improvements. Weiss also explained that the feasibility study does not include upgrading Fallon Avenue. Although it does not appear necessary to rebuild the road at this time due to the planned extension of School Boulevard to Highway 25, the City may want to consider reconstruction at this time sa that expenses associated with Fallon Avenue can be assessed against the vacant lots, as it will be much more difficult to assess the costs after the project is developed. It was Weiss's view that perhaps the City should consider performing an appraisal of benefit for the area, which would indicate the amount that could be assessed to each parcel prior to beginning Page 4 Council Minutes - 2/13/95 reconstruction of the street. It was his recommendation that the development agreement include an amount per lot to help pay far reconstruction of Fallon Avenue. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO ACCEPT THE FEASIBILITY STUDY AND AUTHORIZE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE KLEIN FARMS RESIDENTIAL SUBDIVISION CONTINGENT ON THE DEVELOPER PROVIDING FUNDS NECESSARY TO COMPLETE THE PLANS AND SPECIFICATIONS ESTIMATED AT $50,000. MOTION ALSO INCLUDES DIRECTING CITY STAFF TO OBTAIN AN ESTIMATE FOR COMPLETION OF AN APPRAISAL OF BENEFIT FOR UPGRADING FALCON AVENUE. Motion carried unanimausly. SEE RESOLUTION 95-12A. 12a. issued by the _CiLv. It was noted by the City Administrator that if the Klein Farms residential subdivision is going to be completed as a public improvement, Council should adopt a resolution declaring its intent to reimburse itself for any expenditures it may incur regarding projects that it intends to finance by fiiture bond sales. He noted that in order to be reimbursed for any expenditures that the City may incur prior to a bond sale occurring, the resolution must be adopted. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO ADOPT A RESOLUTION DECLARING OFFICIAL INTENT OF THE CITY TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY. Motion carried unanimously. SEE RESOLUTION 95-12. 13. (~onaid ra inn of et9h iRhino Co mcil s ~h .n m .o i~datn Ci .v/ Towne ~ IIrhani~ation Plan, Assistant Administrator O'Neill reported that plans for extension of sewer and water service to Gould Brothers Chevrolet and D & D Bus are nearly complete and will be ready for consideration by Council at the February 27 meeting, along with consideration of advertising for bids and calling for a public hearing on the project. However, prior to further formal action on the project, the Township has asked Council to review their concerns about the annexation agreement as it relates to the Gould Brothers/D & D Bus annexation request. Although the Township does not intend to delay the annexation, they would like any amendments made to the agreement retroactive to the Gould Brothers/D & D Bus annexation. Page 5 Council Minutes -2/13/95 O'Neill went on to explain that the Township is concerned about the taxes they will lose when commercial entities are annexed. They are proposing that the taxes stay with the Township for three years after annexation. It's also been suggested by the Township that the City collect the residential and commercial taxes for land annexed but pay the Township an amount equal to taxes for agricultural land for a period of three years, which would allow the Township to cushion the impact of the loss in tax base over a period of time. It was Councilmember Herbst's view that the City should adhere to the current agreement. Mayor Fyle recommended that the City wait until the comprehensive plan update is complete and renegotiate the agreement at that time and consider making any changes to the agreement retroactive to include the Gould Brothers Chevrolet and D & D Bus Company annexations. After discussion, it was the consensus of Council to review the City/Township Urbanization Plan after the comprehensive plan update is complete and, in the meantime, adhere to the current agreement for the Gould Brothers Chevrolet and D & D Bus annexation. 14. Consideration of approving development aereement and final_ plat of the River Mill subdivision. Assistant Administrator O'Neill reported that plans and specifications are nearly complete and need final approval by the City Engineer. He also noted that the City Attorney has prepared a development agreement for the River Mill subdivision that is similar to the Oak Ridge development agreement in that it also calls for the private funding of improvements; however, there is a major difference between the two agreements. The River Mill development agreement includes a disbursement agreement rather than requiring the developer to submit 25°10 of the total project cast in the form of a letter of credit. Under the disbursement agreement, the lending institution guarantees that sufficient funds are available to the developer far payment of costs associated with construction. As construction is completed, both the developer's engineer and the City Engineer certify work that is completed and jointly authorize disbursement of funds to pay costs. In the event the developer would default on the agreement, the City would be able to draw an the funds to complete the project. City Attorney Paul Weingarden noted that the developer's attorney requested some amendments to the agreement which appear to be reasonable and are only slight modifications that do not change the substance of the agreement. Page 6 Council Minutes - 2/13/95 O'Neill went on to note that the original preliminary plat included a land swap between the River Mill development and A Glorious Church; however, subsequent to approval of the preliminary plat, A Glorious Church decided not to exchange land, and the final plat was adjusted accordingly. He also noted that there may be some need to make easement adjustments to match the extension of sanitary sewer, water main, and storm sewer, which would be made prior to plat signing. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO ADOPT THE DEVELOPMENT AGREEMENT AND APPROVE THE FINAL PLAT CONTINGENT ON THE FOLLOWING: 1. Final approval of development plans by the City Engineer and City staff. 2. Completion of minor adjustments to the final plat necessary to accommodate City Engineer requirements. 3. Execution of the disbursement agreement and payment to the City of all preliminary platting expenses in excess of the original platting fee. 4. Acquisition of all necessary permits. Motion carried unanimously. 15. Consideration of selectin consultant to conduct soil contamination and remediation study for fire hall/bulk tank site. Public Works Director John Simola reported that City staff and representatives from Riverside Oil and JM Oil interviewed two of the consultants and checked references for the proposed soil contamination and remediation study for the fire hall and bulk tank sites. After completion of the interviews, the joint group selected Agassiz's proposal at cost of $14,994. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO APPROVE AGASSIZ ENVIRONMENTAL SYSTEMS AS THE CONSULTANT TO THE REMEDIAL SOIL INVESTIGATION AT AN ESTIMATED COST OF $14,994, WHICH WILL BE PAID FOR BY THE CITY, RIVERSIDE OIL, AND JM OIL. Motion carried unanimously. 16. Consideration of up~radin~ two micro-computer work stations. Assistant Administrator O'Neill reported that there is a need to upgrade two of the personal computers so that all employees are working in the Windows environment and using the same programs. One PC is needed at public works and the other at city hall. He noted it is proposed that the Page 7 Council Minutes - 2/13/95 City purchase one 486DX2 and one Pentium computer, which would allow implementation of systems such as GIS in the future; however, O'Neill noted that since we are not ready to implement a GIS system at this time, two 486DX2 computers would be sufficient. It was also noted that one of the computers could also be equipped with an optional CD-ROM unit, which would allow the City to access government information that is available only on CD-ROM. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO APPROVE THE PURCHASE OF TWO 486DX2 PERSONAL COMPUTERS AND ONE CD-ROM UNIT FROM PC EXPRESS AT A TOTAL COST OF $4,260.01. Motion carried unanimously. 17. Consideration of ado tin a resolution a rovin laps ands ecifications and ordering advertisement for bids on Eastwood Knoll improvements - Proiect 94-02C. Administrator Wolfsteller reported that plans and specifications for the Eastwood Knoll subdivision have been completed. Tf Council approves plans and specifications, bids could be returnable March 10, 1995, for review by Council on March 13. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY GLINT HERBST TO ADOPT A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AS PREPARED BY OSM AND ORDER ADVERTISEMENT FOR BIDS RETURNABLE MARCH 10, 1995. Motion carried unanimously. SEE RESOLUTION 95-11. 18. Consideration of a rovin a Bement of understandin with Wri ht Count concernin Cit ac uisition of tax forfeited Gille Auto ro ert . City Administrator Rick Wolfsteller reported that the City recently received notification from the MPCA that the City's efforts to clean up the Gille Auto property site have been successful, and they have agreed that the site is clean. He also noted that it is unknown at this time whether any of the $30,040 invested in the clean-up efforts will be reimbursable through the Petro Board, as the site contained very little contaminated soil, and it must be established that a leak has occurred in order to receive reimbursement from the Petro Board; however, the consultant fees of $8,700 should be reimbursable from the Petro Fund. Wolfsteller went on to note that the County has agreed to turn over ownership of the Gille Auto parcel to the City; however, before the County actually obtains a deed from the Department of Revenue for the City, the County would like the Council to approve a Memorandum of Understanding outlining how the proceeds will be divided in the future when and if the Page 8 Council Minutes -2/13/95 City sells the Gille property to a private party. The agreement allows the City to recover from any potential sale all of the cost incurred during the clean-up. Any funds available above the City's cast up to approximately $12,000 would be paid to the County to cover delinquent real estate taxes, and any remaining amount would be kept by the City as payment for handling this process. If the sale proceeds do not cover the City's $30,000 expenditure for clean-up, the County has agreed to pick up half of the cost not covered by the sale. It was the view of Councilmember Stumpf that the City should obtain an appraisal of the property prior to attempting to sell the property. Councilmember Herbst suggested that the City first try requests for proposals similar to what was done with Outlot A of Country Club Manor. If the proposals are rejected, then an appraisal could be ordered prior to listing the property for sale. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY CLINT HERBST TO APPROVE THE MEMORANDUM OF UNDERSTANDING BETWEEN WRIGHT COUNTY AND THE CITY OF MONTICELLO CONCERNING THE CITY'S ACQUISITION OF THE GILLE AUTO PROPERTY SITE AND THE DISTRIBUTION OF FUNDS FROM A SALE. Motion carried unanimously. 19. Consideration of ado tin a formal osition on Vonco Demolition Landfill expansion proposal - Bid Lake Township. City Administrator Wolfsteller reported that the PCA recently held a public informational meeting regarding the Vonco Demolition Landfill's application far an extension of their permit to operate the landfill and also a modification to increase the size of the facility. Early in January, City staff provided written comments to the PCA indicating the City's concern with the heavy truck traffic using County Road 75, along with the general concern of the visual impact this development may have on the scenic Mississippi River. He noted that if the Council is interested in submitting additional comments, the PCA has extended the deadline for additional written comments to February 14, 1995, at 5 p.m. After discussion, it was the consensus of Council to submit a formal letter that echoes concerns outlined by staff in previous correspondence to the PCA on the matter. Page 9 Council Minutes - 2/13/95 20. Consideration of irn rovements to the intersection of Count Road 75 and Highway 25 (left turn lanes. Public Works Director John Simola reported that Councilmember Anderson had previously requested that staff contact Wright County and the Minnesota Department of Transportation to consider improving the intersection of CSAH 75 and Trunk Highway 25, possibly by adding left turn lanes on CSAH 75. After discussing the intersection conflicts with Wright County, the City recently received a response From the County and MN/DOT, which noted 10 options for reducing conflicts at this intersection. Simola summarized the response by noting that three of the alternatives involved installing left turn lanes on CSAH 75, which would require removal of the streetscape nodes and parking on one block either side of Highway 25, and other alternatives involved light phasing changes and/or timing which may improve the situation for the near future. After discussion, it was the consensus of Council that staff should continue working with MN/DOT and the County on resolving conflicts at the intersection of CSAH 75 and Highway 25. 21. Consideration of renewin annual hi hwa maintenance a Bement with Wright County. Public Works Director Simola reported that each year the City Public Works Department performs snow and ice removal and springtime sweep-up on certain County State Aid Highways within the city. In an agreement with Wright County, the County reimburses the City each year for those services based upon the actual County cost of maintaining its own highway system the previous year, and payments are based upon aper-mile cost for each type of maintenance performed. He noted it is again time to consider renewing this agreement with Wright County. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO APPROVE THE MAINTENANCE AGREEMENT WITH WRIGHT COUNTY AS PROPOSED. Motion carried unanimously. 22. Consideration of callin fora ublic hearin on wastewater treatment facilities Ulan. Public Works Director Simola noted that during the workshop held in January, Council reviewed with OSM and RCM several alternatives for expanding the wastewater facility operations. Another workshop was scheduled for 6 p.m. on February 27, 1995, to further discuss expansion of the plant and financing alternatives. It was proposed at that time that a Page 10 Council Minutes -2/13/95 public hearing be held on March 27, 1995; however, staff recommends that Council delay ordering the public hearing in order to allow additional review of alternatives for plant expansion. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO DELAY ORDERING THE PUBLIC HEARING FOR THE FACILITIES PLANNING REPORT. Motion carried unanimously. 23. Other matters. A. Consideration of waiving statutory liability limits--excess liability insurance. City Administrator Wolfsteller noted that by state statute, the City is not liable for any tort liability claim in excess of $600,000 damages; however, because the City has purchased an excess liability coverage, the City has the option of waiving our rights under Statute 466, which would allow someone to seek damages from the City in excess of the $600,000 limit up to the $1.6 million provided by our excess liability coverage. He noted that in order for the City to continue to have excess liability coverage, the City Council must formally decide whether or not to waive its monetary limits established by statute. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO NOT WAIVE THE MONETARY LIMITS ON TORT LIABILITY AS ESTABLISHED BY STATUTE 466. Motian carried unanimously. There being no further discussion, the meeting was adjourned. ~: '2~= ~~ ~~~ Kare Doty Office Manager Page 11