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City Council Minutes 04-24-1995MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, Apri124, 1.99b - 7 p.m. Members Present: Brad Fyle, Shirley Anderson, Clint Herbst, Brian Stumpf, Tom Perrault Members Absent: None 2. A roval of minutes of the s ecial meetin held A ril 10 1995 and the regular meeting held April 10, 1995. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD APRIL 10, 1995, AND THE REGULAR MEETING HELD APRIL 10, 1995, AS PRESENTED. Motion carried unanimously. 3. Consideration of addin items to the a enda. A. Consideration of a resolution modifying the approval of the tax increment financing plan for District 1-19 (Mississippi Shores). City Administrator Wolfsteller reported that HRA Attorney Steve Bubul is recommending that the City Council adopt a resolution modifying the previously-adopted resolution of March 13, 1995, that established the tax increment district for the Mississippi Shores senior housing project. Bubul is concerned that potential legislation being considered could affect the status of this TIF district; therefore, he recommends adoption of this resolution prior to execution of the redevelopment contract between the HRA, City, and Senior Housing Alliance. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO ADOPT A RESOLUTTON MODIFYING THE APPROVAL OF THE TAX INCREMENT FINANCING PLAN FOR DISTRICT 1-19 (MISSISSIPPI SHORES). Motian carried unanimously. SEE RESOLUTION 95-33. B. Consideration of auulication for a carnival license -Monticello Mall Merchants Association. Administrator Wolfsteller reported that the Monticello Mall Merchants Association has again applied for a carnival license for Chuck's Amusements to operate at the mall parking lot for 13 days. They are also again requesting that the carnival fee of $100 for the first day and $50 per day thereafter be waived. Page 1 Council Minutes -4124/95 AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO APPROVE A CARNIVAL LICENSE FOR 8 CONSECUTIVE DAYS AND WAIVE THE DAILY FEES PROVIDED THAT THE MALL'S DELINQUENT UTILITY ACCOUNT IS PAID IN FULL. Voting in favor: Brad Fyle, Clint Herbst, Shirley Anderson, Brian Stumpf. Opposed: Tom Perrault. C. Consideration of settin a s ecial Council meetin . Assistant Administrator O'Neill asked Council to set a special Council meeting along with other city commissions to discuss the comprehensive plan update. After discussion, it was the consensus of Council to set a special meeting far Wednesday, May 3, 1995, at 7 p.m. 4. Citizens comments/ etitions re uests and com Taints. None. 5. Public hearin on ado tion of ro osed assessment roll for delin uent utilit i s an certi cation of assessment.._ _ __ _ _ ,,,,. roll to County Auditor. Mayor Fyle opened the public hearing. Administrator Wolfsteller noted that Council is asked to adopt an assessment roll for utility billing accounts which are delinquent more than 60 days and certify the assessment roll to the County Auditor. In addition to the delinquent amount, the $25 administrative fee has also been added to each account. There being no comment from the public, the public hearing was closed. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY CLINT HERBST TO ADOPT A RESOLUTION ADOPTING THE PROPOSED ASSESSMENT ROLL FOR DELINQUENT UTILITY BILLS AND CERTIFICATION TO THE COUNTY AUDITOR. Motion carried unanimously. SEE RESOLUTION 95-28. 6. Consideration of amendment to conditional use ermit allowin a arden center in a B-4 district. A licant Cedar Street Garden Center. Assistant Administrator O'Neill reported that Cedar Street Garden Center has applied for an amendment to a conditional use permit originally issued to Fair's Garden Center in 1989 for the purpose of relocating rock bins from the Broadway frontage to the northeast corner of the site. The rock bins Page 2 Council Minutes -4124/95 would be replaced with additional parking. O'Neill noted that the Planning Commission voted to recommend approval of the conditional use permit based on the finding that the amended site plan will improve the operation and appearance of the facility. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO APPROVE THE CONDITIONAL USE PERMIT BASED ON THE FINDING THAT THE AMENDED SITE PLAN WILL IMPROVE THE OPERATION AND APPEARANCE OF THE FACILITY. Motion carried unanimously. 7. Consideration of a rovin a "oint resolution a rovin annexation of the 160-acre Klein Farm site. Assistant Administrator O'Neill reported that the Township voted to sign the joint resolution supporting annexation of the 160-acre HIein Farm site at their April 10, 1995, Board meeting. After City signatures are obtained, the annexation document will be forwarded to the Minnesota Municipal Board for approval. O'Neill noted that annexation of the HIein property is contingent on execution of the development agreement and approval of the final plat of the Klein Farms subdivision. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO APPROVE A JOINT RESOLUTION APPROVING ANNEXATION OF THE 160-ACRE KLEIN FARM SITE. Motion carried unanimously. 8. Consideration of approving final plat and adoptinE development agreement - Klein Farms. Assistant Administrator O'Neill reported that the final plat design for the HIein Farms residential subdivision is consistent with the preliminary plat previously approved by the City Council. He also noted that the development agreement is currently being reviewed by the City Attorney. Councilmember Herbst noted his concern regarding the City withholding development of the park site for five years as noted in the proposed development agreement. Assistant Administrator O'Neill stated that Tony Emmerich has agreed to a time frame of 2-3 years for park development. AFTER DISCUSSION, A MOTION WAS MADE BY TOM PERRAULT AND SECONDED BY SHIRLEY ANDERSON TO APPROVE THE FINAL PLAT OF THE KLEIN FARMS RESIDENTIAL SUBDIVISION CONTINGENT UPON FINAL APPROVAL BY THE CITY ENGINEER, AND TO APPROVE THE DEVELOPMENT AGREEMENT CONTINGENT ON REVIEW AND FINAL APPROVAL BY THE CITY ATTORNEY. Motion carried unanimously. Page 3 Council Minutes -4/24/95 9. Consideration of a resolution acce tin bids and awardin contract - HIein Farms, Proiect 95-02C. Assistant Administrator O'Neill reported that on April 7, 1995, 13 bids were received for the HIein Farms project ranging from a low of $1,097,583 to a high of $1,403,905. The engineer's estimate for the project was $1,097,582. The low bid was submitted by Ryan Contracting, Inc., who has worked on city projects in the past and has been found to be a responsible bidder. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON TO ADOPT A RESOLUTION ACCEPTING BIDS AND AWARDING THE PROJECT TO RYAN CONTRACTING, INC., IN THE AMOUNT OF $x.,097,583. Motion carried unanimously. SEE RESOLUTION 95-29. 10. Consideration of a rovin develo ment a Bement and final lat of Cardinal Hills hase V. Assistant Administrator O'Neill reported that the development agreement for phase V of the Cardinal Hills residential subdivision is nearly identical to agreements governing previous phases of this development; however, the developer has not yet had a chance to review the proposed agreement. Steve Holker, one of the developers of Cardinal Hills, stated that Council could approve the agreement contingent on the developer's acceptance of the agreement. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY CLINT IiERBST TO APPROVE THE DEVELOPMENT AGREEMENT CONTINGENT ON REVIEW AND APPROVAL BY THE CITY ATTORNEY AND ACCEPTANCE BY THE DEVELOPER, AND TO APPROVE THE FINAL PLAT OF CARDINAL HILLS, PHASE V, CONTINGENT ON FINAL APPROVAL BY THE CITY ENGINEER. Motion carried unanimously. 11. Consideration of a resolution acce tin bids and awardin ro'ect -Cardinal Hills, phase V. City Engineer Bret Weiss reported that on April 21, 1995, 12 bids were received. The low bid was submitted by Kadlek Construction in the amount of $300,599.86. After checking references, it was the City Engineer's recommendation to award the project to Kadlek Construction. r L~ Page 4 Council Minutes -4/24/95 AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO ADOPT A RESOLUTION ACCEPTING BIDS AND AWARDING THE CARDINAL HILLS, PHASE V, PROJECT TO KADLEK CONSTRUCTION IN THE AMOUNT OF $300,599.86, CONTINGENT ON EXECUTION OF THE DEVELOPMENT AGREEMENT. Motion carried unanimously. SEE RESOLUTION 95-30. 12. Consideration of a resolution authorizin the sale of G.O. im rovement bonds Series 1995A for various im rovement ro'ects. City Administrator Wolfsteller reported that six improvement projects are scheduled for 1995, and the City will need to sell bonds to finance the improvements. He noted it is projected that the 6 projects will require financing needs of $3,890,000 to be paid back aver a period of 10 years. The bonds will cover the cast of constructing the following improvements: Meadow Oak storm sewer outlet, Eastwood Knoll, Southwest Area utilities extension, HIein Farms, Ocello/School Boulevard, and Cardinal Hills Phase V. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO ADOPT A RESOLUTION AUTHORIZING SPRINGSTED, INC., TO PROCEED WITH THE BOND SALE OF $3,890,000 AS RECOMMENDED WITH BIDS RETURNABLE MAY 22, 1995. Motion carried unanimously. SEE RESOLUTION 95-31. 13. Consideration of terms of sale - Outlot A Count Club Manor -David Hornig Assistant Administrator O'Neill reviewed the original proposal by David Hornig for purchase of Outlot A, Country Club Manor, which included a purchase price of $282,000 and an amount of $3,000 per unit For owner- occupied units. Interest and term of contract had not been determined at that time. He went on to explain the offer recently proposed by City staff, which stated that the City would maintain the revenue from the sign presently located on Outlot A, a purchase price of $303,150, an interest rate of 7.5% on a 5-year contract, and $3,000 per owner-occupied unit. Hornig's counteroffer called far Hornig receiving the sign revenue, a purchase price of $303,150, with an interest rate of 7% an a 10-year contract, and $3,000 per owner-occupied unit. O'Neill also noted that a third alternative would be to withdraw the offer and maintain ownership of the land. Since it may be possible to sell the land at a higher price in the future, this alternative may be the best route. Page 5 Council Minutes - 4!24/95 David Hornig stated that he would be willing to negotiate his offer to an interest rate of 7.25% with a 6-year contract. Councilmember Herbst added that perhaps the City could collect and hold the sign revenue, which the City would keep if the project didn't develop or would be used to write down the remaining amount Hornig owes the City when the project does develop. After discussion, a motion was made by Clint Herbst and seconded by Brad Fyle to approve the sale of the land to David Hornig at a purchase price of $303,150, an interest rate of 7.25% on a 6-year contract. Motion includes a closing date of June 1, 1995, and the City to collect and hold the sign revenue to write down the amount owed by Hornig. Voting in favor: Clint Herbst, Brad Fyle. Opposed: Shirley Anderson, Brian Stumpf, Tom Perrault. Motion failed. A MOTION WAS THEN MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO WITHDRAW THE SALE OF THE LAND FROM THE MARKETPLACE. Voting in favor: Shirley Anderson, Brian Stumpf, Tom Perrault. Opposed: Clint Herbst, Brad Fyle. Motion passed. 14. Review of li uor store financial statement for the first uarter of 1995 and consideration of a rovin securit camera urchase and ex ansion of walk- in cooler. City Administrator Wolfsteller reported that the liquor store operation continues to show favorable results with sales increasing 6% over last year's first quarter results. The gross profit has increased 5.8%, and the resulting operating net income shows a 13% increase. After discussion, it was the consensus of Council to accept the liquor store first quarter financial statement for 1995. Liquor Store Manager Joe Hartman requested that Council consider approving a camera security system for the liquor store. He noted that two quotes were received. The first quote was from Video Production Services proposing an 8-camera system at a cost of $7,850 and $200 for a VCR lock box, for a total of $8,050. The second quote was received from Floyd Security for a similar system totaling $7,976. Hartman noted that he prefers the system proposed by Video Production Services. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO AUTHORIZE THE PURCHASE OF AN $- CAMERA SECURITY SYSTEM FROM VIDEO PRODUCTION SERVICES AT AN APPROXIMATE COST OF $$,050, INCLUDING THE VCR LOCK BOX AND A HIGH-QUALITY CAMERA FOR THE FRONT DOOR OF THE STORE. Motion carried unanimously. Page 6 Council Minutes -4/24/95 Hartman also requested that Council authorize expansion of the walk-in cooler by creating an additional five doors for display of beer products and allowing an additional 400 cases to be placed in the cooler. He noted that it has been difficult to keep an adequate amount of beer in the cooler during peak periods. The estimated cast of the Gaoler expansion, including electrical hookup and carpentry work, is $15,000. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO AUTHORIZE AN EXPENDITURE OF UP TO $16,000 FOR EXPANSION OF THE WALK-IN COOLER AT THE MUNICIPAL LIQUOR STORE. Voting in favor: Brad Fyle, Shirley Anderson, Brian Stumpf, Tom Perrault. Opposed: Clint Herbst. 15. Consideration of establishin a marketin strate for Eastwood Knoll subdivision. Assistant Administrator O'Neill reported that at the previous Council meeting, staff was asked to prepare additional information regarding alternatives for sale of the Eastwood Knoll subdivision to interested developers and to also obtain proposals from realtors to market and sell the lots for the City. Following is a summary of the proposals received. * The proposal received from Orrin Thompson included a down payment of $50,000 with revenue generated from the sale of lots amounting to $629,000. This amount is $87,000 short of the $238,000 land value the City had hoped to recover from the project. * The proposal previously submitted by Vic Hellman was withdrawn. * Staff researched the possibility of exchanging the Eastwood Knoll property fora 220-acre site owned by Tony Emmerich, which could then be used as a sludge deposit site; however, it was found that only 60-80 acres of the site would be usable for sludge deposit. Therefore, no further efforts are underway to pursue this exchange. * A proposal received from Tony Emmerich included a letter of credit equal to 25% of the improvement cost, or approximately $104,000, as a guarantee. The purchase price would be $20,500 for each of the 33 lots, including a reduction of $1,500 for four lots needing additional grading, for total of $670,500. Emmerich also agreed to purchase a minimum of 5-7 lots each year. * Proposals were received from four real estate companies regarding marketing the property. All four companies are able to provide the same services with some variation in terms of commission. Page 7 Council Minutes -4/24/95 AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO ACCEPT THE PROPOSAL SUBMITTED BY DALE FLOREK OF EDINA REALTY TO MARKET THE EASTWOOD KNOLL PROPERTY WITH A 1-YEAR TERM. Motion carried unanimously. 16. Consideration of urchasin a as detector for the sewer de artment. Public Works Director John Simola reported that the City currently has two tri-gas detectors in the sewer department, which are also used by many other departments. Because some of the departments are without a unit for several days at a time, the Sewer and Water Superintendent is recommending that the City obtain an additional unit which will monitor four gases and will provide an additional level of safety for the workers. A quote in the amount of $].,640 was received from Davies Water Equipment Company for the four-gas Neotronics meter. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO AUTHORIZE THE PURCHASE OF THE NEOTRONICS FOUR-GAS METER FROM DAMES WATER EQUIPMENT COMPANY FOR $1,640. Motion carried unanimously. 17. Consideration of than a order #1 far Cit Pro'ect 93-04C Public Works Facilit Ex ansion and Renovation Phase II. Public Works Director Simola reported that two changes are needed in construction of the public works facility expansion. The first change requires installation of slab supports for the front and south entrances at a cast of $500. These supports were initially deleted from the plans during the redesign process, but it has been recommended that they be installed. The second change involves installation of atwo-speed, three-phase heating and ventilation system and a 100 amp three-phase subpanel at a cost of $1,765. The bids received included asingle-speed, single-phase unit, which is not available. The total cost of the change order is $2,265. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO APPROVE CHANGE ORDER #1 IN THE AMOUNT OF $2,265 FOR ADDING TWO ENTRY SLAB FOUNDATIONS AND SWITCHING THE HEATING AND VENTILATION SYSTEM FOR THE BAY AREA TO TWO-SPEED, THREE-PHASE. Motion carried unanimously. 1$. Consideration of ado tin a resolution authorizin the fire de artment to enter into a coo erative mutual aid a Bement with other Wri ht Count communities. Administrator Wolfsteller reported that each community in Wright County is being asked to consider adopting a resolution agreeing to join the Wright Page 8 Council Minutes -4/24/95 County Mutual Aid Association for joint and cooperative use of fire personnel and equipment. He noted that joining the Association does not increase the City's liability, and the new agreement will replace some of the present agreements now in place with other communities. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON TO ADOPT A RESOLUTION AUTHORIZING THE MONTICELLO JOINT FIRE DEPARTMENT TO PARTICIPATE IN THE WRIGHT COUNTY MUTUAL AID ASSOCIATION AGREEMENT. Motion carried unanimously. SEE RESOLUTION 95-32. 19. Consideration of submittin a letter in res onse to the Buffalo Bituminous gavel pit EAW. At the previous meeting of the City Council, township residents raised concerns regarding the proposed development of a gravel pit and bituminous plant operation proposed by Buffalo Bituminous. The residents requested that the City send a letter to the County addressing concerns about the operation. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO APPROVE THE LETTER AS PROPOSED AND AUTHORIZED STAFF TO SEND THE LETTER TO WRIGHT COUNTY. Motion carried unanimously. 20. Consideration of modif 'n the miles a reimbursement rate for Council and em~loyees. AFTER DISCUSSION, A MOTION WAS MADE BY TOM PERRAULT AND SECONDED BY GLINT HERBST TO LEAVE THE CURRENT MILEAGE REIMBURSEMENT RATE FOR CITY COUNCIL AND CITY EMPLOYEES AT $.2$ PER MILE. Motion carried unanimously. 21. Consideration of an ordinance amendment ado tin 1994 buildin code. Building Official Gary Anderson reported that for the past six years, the City has been using the 19$8 Minnesota State Building Code as a guide for construction within the city. Anderson requested that Council consider adopting the 1994 Minnesota State Building Code. The most notable change is in residential construction requiring additional smoke detectors and 4-inch spacing for deck railing construction. Page 9 Council Minutes -4/24/95 AFTER DISCUSSION, A MOTION WAS MADE BY TOM PERRAULT AND SECONDED BY SHIRLEY ANDERSON TO TABLE THIS ITEM PENDING FURTHER STUDY. Voting in favor: Tom Perrault, Shirley Anderson, Clint Herbst, Brian Stumpf. Opposed: Brad Fyle. 22. Consideration of urchase of electric arcJair lasma cutter for the ublic works shoo. Public Works Director John Simola reported that in the past the public works department has used an acetylene torch far cutting plate steel and aluminum, which often warps sheet steel, is slow, and results in edges having to be ground to fit properly for welding. It is proposed that the public works department purchase an electric arcJair (plasma) cutter, which is faster and provides a smooth cut. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO AUTHORIZE PURCHASE OF THE THERMAL ARC PAK MASTER 50 PLASMA CUTTER FROM CENTRAL MCGOWAN, INC., OF ST. CLOUD FOR $2,236.50. Motion carried unanimously. 23. Consideration of acre tin bid and awardin ro°ect - Pathwa ro'ect. City Engineer Bret Weiss reported that three bids were received on April . 11, 1995, for the proposed pathway project. The lowest bid was received from Buffalo Bituminous in the amount of $406,076.55. The engineer's estimate for the project was $354,210. Weiss noted that the ISTEA program will fund 80% of the total cost of the project, including the 15% overrun over the estimate. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO ACCEPT THE BIDS AND AWARD THE PROJECT TO BUFFALO BITUMINOUS IN THE AMOUNT OF $40F,076.65. Motion carried unanimously. 24. Consideration of authorizin feasibilit stud -Meadow Oak 4th Addition. Assistant Administrator O'Neill reported that the City recently received a petition requesting completion of a feasibility study for development of the Meadow Oak 4th Addition, which is located between the existing Meadow Oak area and the Briar Oakes development area, and consists of 12 platted lots that currently do not have city sewer, water, or road services. He noted that one of the reasons why improvements were never completed is because a number of the lots are difficult to develop due to poor soils, swamp, low elevation, etc. Page 10 Council Minutes -4/24/95 i~ O'Neill noted that staff is concerned that the pace of development in the city may overtax sanitary sewer plant resources and that, according to the City Attorney, the City is not obligated to complete the project via the public improvement process. In addition, due to the late arrival of the application, the project was not included in the bond issue already adopted by the Council; therefore, the City would need to bond separately to acquire funds for the project, which would be expensive for such a small project. City Engineer Weiss added that the Army Corps of Engineers should be contacted to evaluate the wetlands in the area before authorizing this project. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY TOM PERRAULT TO TABLE THIS MATTER PENDING RECEIPT OF ADDITIONAL INFORMATION. Motion carried unanimously. 1 25. Consideration of bills for the month of A ril. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO APPROVE THE BILLS FOR THE MONTH OF APRIL AS PRESENTED. Motion carried unanimously. There being no further business, the meeting was adjourned. '~ Ka a Doty Office Manager Page 11