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City Council Minutes 11-27-1995 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, November 27, 1995 - 7 p.m. Members Present: Brad Fyle, Shirley Anderson, Clint Herbst, Brian Stumpf, Tam Perrault Members Absent: None 2. 1 1 m r n1~~ti,n~~held November 13, 1995. It was noted that the potential industrial area discussed under item 5C of the November 13 minutes is located to the southwest rather than the northwest of the community. Councilmember Perrault requested that the title City Engineer be deleted from items #7 and #$ when referring to engineer Bret Weiss. 1 A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD NOVEMBER 8, 1995, AS WRITTEN. Motion carried unanimously. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD NOVEMBER 13, 1995, AS CORRECTED. Motion carried unanimously. 3. Consideration of adding items to the agenda. A. ~Qn.sideration of acceptjng a purchase offer for Lots 5 & 6, Oakwood Industrial Park Second Addition--WIHA Tools. City Administrator Rick Wolfsteller reported that the Willi Hahn Corporation has presented a purchase agreement offering $56,000 for Lots 5 and 6 of the Oakwood Industrial Park Second Addition. The current asking price is $32,915 for Lvt 5 and $31,560 for Lot 6, for a total of $64,475. He noted that in October the Council made a counteroffer of $30,000 for Lot 5 to a potential buyer, which was an $.$% reduction in price. Council was asked to consider the offer of $56,000 or propose a counteroffer. AFTER DISCUSSION, A MOTION WAS MADE BY CUNT HERBST AND SECONDED BY SHTRLEY ANDERSON TO PROPOSE A COUNTEROFFER OF $30,000 FOR LOT 5 AND $31,560 FOR LOT 6, FOR A TOTAL OF $61,560. Motion carried unanimously. gage 1 Council Minutes - 11/27/95 B. ~Tpdate nn School Bonl v rd raffi s dv. Public Works Director John Simola reported that the School Boulevard traffic study was ordered from MN/DUT as proposed at the previous Council meeting. He noted that he recently received calls from school officials regarding the amount of traffic on School Boulevard and the stop sign that was removed at Fallon Avenue; however, Simola noted that School Boulevard was built as a collector road, and it's unlikely that the Fallon Avenue/School Boulevard intersection would qualify for installing a 4-way stop. Tn preparation for discussion of this subject, John Simola asked Bret Weiss of WSB to review this item with the Council. No changes were recommended by the Consulting Engineer, and Sheriff Hozempa agreed to have deputies patrol the area for speed. No action was taken by Council. C. Assistant Administrator O'Neill reported a favorable response to the Theresa Washburn visit regarding downtown redevelopment. A second follow-up meeting was scheduled for November 2$. 1 4. CitizQ~~_~aTp~~,~(netitions, requests, and complaints. A. Request for Mavor proclamation declaring December 1, 1995, as World ~.d~-~X• Rick Smith, HIV/AIDS Coordinator for the Wright County Red Cross requested that the Mayor proclaim December 1, 1995, as World Aids Day, as education regarding the disease is very important. After discussion, Mayor Fyle agreed to proclaim December 1, 1995, as World Aids Day. 5. Consent agenda. Developer Tom Holthaus requested that item 5B be removed from the consent agenda for discussion. A. Consideration of a resolution adopting assessment roll for HIein Project 95-02C. Recommendation: Adopt resolution adopting assessment roll as presented. SEE RESOLUTTON 95-65. B. S~9nsideration of a resolution adopting assessment roll fQr Cardinal Hills_5th Addition, Project,95-06C. Removed from consent agenda far discussion (see next page). Page 2 Council Minutes - 11/27/95 C. Recommendation: Adopt resolution adopting entire City General Records Retention Schedule as proposed. SEE RESOLUTION 95-67. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY TOM PERRAULT TO APPROVE ITEMS 5A AND 5C OF THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously. B. Hills 5th Additi0,n,+~ject 95-06C. Tom Holthaus of Value Plus Homes stated that the Cardinal Hills 5th Addition project wasn't complete at this time, and it was his view that the amount of the assessment was too high. He requested that the project be assessed next year as has been done with past projects. In addition, if the Council adopted the assessment roll at this time, Holthaus requested that the amount be final and that they not be re- assessed at a later date far additional costs incurred during completion of the project. City Administrator Wolfsteller reported that because the improvement was part of the $3.9 million bond issue sold earlier this year, staff anticipated assessing the project prior to December 1 for collection on 1996 taxes in order to meet the debt service requirements of the bond issue. The final project cost was estimated at $356,552, of which $46,750 would be paid directly by the developers for site grading, leaving $309,802 as special assessments against 32 residential lots. Wolfsteller noted that he was comfortable with the proposed assessment amount and that if the final project cost was less than the amount certified, it could be credited to the Cardinal Hills 6th Addition. After reviewing with the developer the engineering and administration fees yet to be incurred in the project, Wolfsteller proposed a $4,500 decrease in the assessment roll to $305,275. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO ADOPT A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR CARDINAL HILLS 5TH ADDITION IN THE AMOUNT OF $305,275. Motion carried unanimously. SEE RESOLUTION 95-66. Page 3 Council Minutes - 11/27/95 8. yaughn Veit. Assistant Administrator O'Neill reviewed the history of the Sixth Street Annex mall, noting that in 1994, the applicant failed to obtain sufficient votes necessary to rezone a portion of Lot 4, Block 1, Louring Hillside Terrace, from R-3 to PZM for additional parking to accommodate expansion of a restaurant within the mall; however, they did obtain an amendment to the conditional use permit which allowed expansion of the restaurant in the mall subject to a number of stipulations and conditions. One of the conditions required that 9,100 sq ft of the available space in the mall be left vacant in order to maintain sufficient parking for the restaurant and current uses at the site. After two years of operating the mall under the restricted use of the facility, the developer has again requested rezoning so that land is available for future parking demands and the building can be fully occupied. O'Neill noted that a buffer area would have to be established between the parking area and the neighboring residential area, and it was the recommendation of the Planning Commission that Council approve the requests. He also reported that the owner of the neighboring R-3 property would not support expansion of the restaurant or additional after-hours activity but was satisfied with the current use of the property. Councilmember Herbst expressed opposition to rezoning the proposed area for parking because it is adjacent to a residential area. Councilmembers suggested that perhaps rear entrances for customers should be required as retail spaces are leased to new tenants. It was their view that customers would not use the rear parking spaces if there were no entrances in the back of the building. The Assistant Administrator noted that Council could require additional rear entrances as a condition of the conditional use permit. Page 4 Council Minutes - 11,/27/95 AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO APPROVE AN ORDINANCE AMENDMENT REZONING A PORTION OF LOT 4, BLOCK 1, LAURING HILLSIDE TERRACE, FROM R-3 TO PZM TO ACCOMMODATE 56 ADDITIONAL PARKING SPACES. Motion is based on the finding that the expansion proposed and associated rezoning is consistent with the character of the area and is consistent with the comprehensive plan for the city. Voting in favor: Brian Stumpf, Tom Perrault, Shirley Anderson, Brad Fyle. Opposed: Clint Herbst. Motion passed. SEE ORDINANCE AMENDMENT NO. 276. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHTRLEY ANDERSON TO APPROVE THE CONDITIONAL USE PERMIT WHICH WOULD ALLOW FULL USE OF THE SIXTH STREET ANNEX MALL SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE DEVELOPER SHALL PROVIDE PARKING, GRADING, AND DRAINAGE PLANS SUPPORTING DEVELOPMENT OF AN ADDITIONAL 56 STALLS. PRIOR TO THE CITY GRANTING AN OCCUPANCY PERMIT TO ANY OF THE RETAIL AREA PREVIOUSLY OFF LIMITS, THE DEVELOPER SHALL OBTAIN WRITTEN APPROVAL OF THE PARKING, GRADING, AND DRAINAGE PLANS FROM THE CITY ENGINEER. 2. THE DEVELOPER SHALL NOT BE REQUIRED TO INSTALL THE PARKING AREA PRIOR TO OCCUPANCY OF THE NEW RETAIL AREA; HOWEVER, A FINANCIAL GUARANTEE AND ASSOCIATED AGREEMENT SHALL BE ESTABLISHED THAT WOULD ALLOW THE PARKING LOT AND ASSOCIATED REQUIRED LANDSCAPING TO BE INSTALLED AT THE FULL DISCRETION OF THE PLANNING COMMISSION AT THE FULL COST OF THE DEVELOPER. 3. THE PORTION OF LOT 4, BLOCK 1, LAURING HILLSIDE TERRACE, NEEDED FOR PARKING SHALL BE SPLIT AWAY FROM LOT 4, BLOCK 1, AND ADDED TO THE SIXTH STREET ANNEX MALL PROPERTY. 4. PRIOR TO THE CITY GRANTING OCCUPANCY OF THE UNUSED RETAIL AREA, THE DEVELOPER SHALL PROVIDE A LANDSCAPING AND SCREENING PLAN THAT MEETS THE REQUIREMENTS OF THE CITY AS APPROVED BY CITY STAFF. 5. ALL OTHER CONDITIONS AS NOTED BY ORDINANCE AND INCLUDED TN PREVIOUS CONDITIONAL USE PERMITS ISSUED. 6. PARKING ALONG THE FRONT OF THE BUILDING SHALL BE LIMITED TO I5-MINUTE PARKING ONLY AND SIGNED ACCORDINGLY. Pale 5 Council Minutes - 11/27/95 7. ADDITIONAL LIGHTING SHALL BE PROVIDED IN THE REAR OF THE FACILITY TO IMPROVE SECURITY. 8. REAR PUBLIC ENTRANCES MUST BE INSTALLED AS NEW TENANTS LEASE RETAIL SPACE. Motion carried unanimously. Motion is based on the finding that the conditional use permit with conclitions as noted will result in a land use that is consistent with the character of the area, will not result in a depreciation of adjoining land values, and is consistent with the comprehensive plan. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON TO APPROVE THE SUBDIVISION OF A PORTION OF LOT 4, BLOCK 1, LAURING HILLSIDE TERRACE. Voting in favor: Brian Stumpf, Shirley Andersan, Tom Perrault, Brad Fyle. Oppased: Clint Herbst. Motion passed. 9. Consider~~jOn ~fja~jg a portion of the Chamber of Commerce,community Assistant Administrator O'Neill reported that the Monticello Chamber of Commerce is requesting that Council contribute $2,500 toward funding of the community sign to be placed near the Chamber office and $1,100 for installation of electricity to the sign. The reason for the request is that the sign will Feature a third side showing a map of the city. Council granted approval of the placement of the sign at a previous meeting; however, O'Neill noted that at the time the sign placement was brought before Council, staff was not aware of the request for funding due to a misunderstanding. Council expressed their disappointment in being asked to pay a portion of the sign cost but not being included in the discussion of the layout and design of the sign. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHTRLEY ANDERSON TO PAY $2,500 TOWARD THE COST OF THE SIGN. THE ELECTRICAL EXPENSE OF $1,100 WOULD NOT BE FUNDED BY THE CITY AND WOULD BE THE RESPONSIBILITY OF THE CHAMBER. Voting in favor: Brian Stumpf, Shirley Anderson, Tom Perrault, Clint Herbst. Opposed: Brad Fy1e. Tt was Fy1e's view that the City should not be responsible for paying for a portion of the sign since it is was designed and ordered prior to the request. Motion passed. 10. Assistant Administrator O'Neill reported that on July 24, 1995, Council adopted on a preliminary basis an escrow policy allowing final occupancy Page ~ Council Minutes - 11/27/95 specifically an exceptional quality class "A" sludge. Peplin noted that they had originally proposed the heat pasteurization process as a final step after digestion, which would be a total pathogen kill, at an estimated construction cost of $666,000; however, HDR recently learned that it would be best to perform the heat pasteurization process ahead of digestion, which would kill all of the bad pathogens and leave only minute amounts of good pathogens. This process would produce an exceptional quality class "A" sludge at an estimated cast of $798,000, with a yearly operational cost of $10,500. The second process presented was the Aerobic Thermophilic Pretreatment (ATP), which is a European pretreatment process similar to the pre-digestion heat pasteurization but at lower temperatures. This process is licensed and manufactured by CBT Walker in the United States with an estimated construction cost of $984,Q00 and a yearly operational cost of $7,000. Peplin noted that one ofthe advantages of the ATP process is that CBI Walker is a large equipment manufacturer and offers a process guarantee. Peplin also presented a third option of Thermophilic Anaerobic Digestion, which is an experimental process developed within the last year. It is currently being tested in a laboratory and at three treatment plants in Iowa and would offer a relatively low-cost option for class "A" sludge; however, due to the limited experience with this process, a laboratory test using Monticello's waste activated sludge was recommended at an estimated cost of $8,000. The construction cost of this process is estimated at $762,000 with a yearly operational cost of $29,200. Kelsie McGuire of PSG nated that the ATP process appears to be the most reliable from an operability standpoint. It was his view that it may be better to spend the additional funds for construction of this process. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO CONTINUE WITH THE HEAT PASTEURIZATION PROCESS BUT CHANGE TO PRE-DIGESTION HEAT PASTEURTZATION AT A COST OF $798,000. MOTION INCLUDES AUTHORIZATION FOR ADDITIONAL TESTING AT A COST OF $8,000 AS REQUESTED BY BOB PEPLIN OF HDR. Voting in favor: Clint Herbst, Brian Stumpf, Brad Fyle. Opposed: Shirley Anderson and Tom Perrault. Anderson and Perrault preferred the ATP process because it included a process guarantee and would not require additional testing. Motion passed. 12. ~~tn5isigrat~~nn~i~walk/ away maintenance on Elm Street and Washin on street. Public Works Director John Simola reported that with the pathway project, a significant amount of 8-ft bituminous pathway was established, and ~ ft in Page $ Council Minutes - 11/27/95 prior to completion of required home site grading and directed staff to mail the proposed policy to builders for input at an upcoming meeting. As a result of staffs discussion with builders, a modified policy was presented for Council adoption. The purpose of the policy is to provide the City with assurance that site improvements will be made after the City has allowed final occupancy of a home. The proposed policy would require deposits from builders that seek final occupancy prior to completion of grading and tree planting. The deposit amounts were proposed at $2,000 for 1.5 times the cost (whichever is greater) for grading and $125 for trees during the summer months, and $750 or an amount equal to the cast (whichever is greater) for grading and $125 for trees during the winter months. A $35 reinspection fee would also be required under both fee structures. Assistant Administrator O'Neill noted that the two fee structures were proposed in order to discourage the use of the escrow option during the summer months since, for the most part, work should be completed prior to final occupancy during the construction season. Tom Holthaus of Value Plus Homes noted his objection to the proposed escrow policy stating that there were too many regulations and that the deposit amount far a builder working on 10 or more homes during the winter months would be substantial. Holthaus suggested that the City require one deposit for each builder rather than for each home. Other builders expressed concern about having to escrow funds with the City and the mortgage companies. Staff explained that mortgage companies would most likely release or not require an escrow if the City required a deposit. Consulting Engineer Bret Weiss noted that it would be possible to identify which lots in each project would be critical for drainage, and the developers and builders could then be informed of which lots would be subject to the escrow policy. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO TABLE ADOPTION OF THE ESCROW POLICY, AND STAFF WAS DIRECTED TO RESEARCH WHAT OTHER COMMUNITIES REQUIRE AND AGAIN MEET WITH INTERESTED BUILDERS TO DISCUSS AND ESTABLISH AN ACCEPTABLE POLICY. Motion carried unanimously. 11. " estimates. - Bob Peplin of HDR Engineering was present to review estimated project costs and to present three different processes to achieve class "A" sludge, Page 7 Council Minutes - 11/27/95 width was added to some existing 5-ft concrete sidewalks to make them a combination sidewalk/pathway. In addition, some new $-ft sections of concrete sidewalk/pathway were also constructed. Simola noted that the $-ft bituminous pathway recently constructed was not originally proposed to be cleared of snow in the winter, and the Parks Commission suggested that pathway snow removal be considered only if there appears to be a large amount of support from the public. In regard to the existing concrete sidewalk located along Broadway at the High School which was increased in width by 3 ft, the High School has been performing snow and ice removal of the 5-ft sidewalk and have continued to do so on the additional sidewalk width. An additional 3 ft of width was also added to the existing 5-ft concrete sidewalk from Elm Street to the Pinewood School property. Since the City is already performing winter maintenance on this area as part of the City's original sidewalk improvement project several years ago, staff has continued to maintain the extra width. Simola noted that it is unclear at this time whether two new sidewalks/ pathways should be maintained by the City or by the private homeowner. The first is located on the east side of Washington Street from Broadway to 7th Street. The School has been maintaining the sidewalk adjacent to their property up to Territorial Road near the railroad tracks; however, south of the railroad tracks, property owners have not been informed that, according to ordinance, they must remove snow and ice from the 8-ft sidewalk/pathway. The second new sidewalk/pathway is located on the west side of Elm Street from Broadway to Golf Course Road. This area consists of single family residential, multifamily residential, and commercial buildings. Simola noted that no cost for installation of the sidewalk/pathway was assessed to adjoining property owners; therefore, no public hearing notices were sent to individual property owners. If the combination sidewalks/ pathways are considered part of the sidewalk grid system, the adjoining property owners would be responsible for winter maintenance; however, since most of the city's sidewalks are only 5 ft wide, Simola recommended that, if that option is chosen, the property owners be required to clear snow and ice from only 5 ft of the 8-ft sidewalk/pathway. Councilmembers discussed the possibility of the City maintaining all residential sidewalks on the grid system, as it was their view that the cost For maintenance to these sidewalks should be borne by everyone. It was also noted by Council that perhaps the pathway should be cleared of snow to allow use in the winter. Page 9 Council Minutes -].1/27/95 The Assistant Administrator noted that a letter had been received from Louise Bodeen, a resident on Elm Street, questioning where the snow will be stored when cleared from the pathway abutting her property. In addition, James Fuller, also a resident of Elm Street, stated that the sidewalks on the grid system should be maintained by everyone, nat only the adjoining property owner. Councilmember Herbst suggested that the Public Works Director propose a contract to have the School maintain the rest of the sidewalk on Washington Street to 7th Street. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY CLINT HERBST TO AUTHORIZE CITY MAINTENANCE OF THE NEW SECTIONS OF SIDEWALK/PATHWAY ON WASHINGTON STREET NOT ALREADY MAINTAINED BY THE SCHOOL DISTRICT AND ON ELM STREET. THE SIDEWALK GRID SYSTEM AND ORDINANCE WILL BE REVIEWED FOR CHANGES IN THE FUTURE. Motion carried unanimously. 13. Consideration of bills For the mc-nth, ~,~ November. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON TO APPROVE THE BILLS FOR THE MONTH OF NOVEMBER AS PRESENTED. Motion carried unanimously. 14. Other matters. A. Representative Mark Olson was present to update the Council on the current legislative session. No action taken by Council. B. Councilmember Herbst requested that the City Assessor, Jerry Kramber, and the appraiser of the Kruse property be contacted to review the Kruse property located on Hart Boulevard for 1996 taxes. Tt was the consensus of Council to direct staff to contact Kramber and the appraiser to discuss the market value of the Kruse property which is adjacent to the wastewater treatment plant. C. Assistant Administrator O'Neill updated the Council regarding completion of the comprehensive plan by Northwest Associated Consultants. There being no further business, the meeting was adjourned. / ~~ ~.~ - ~~.' r n Doty Office Manager Page lp