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City Council Minutes 12-11-1995 MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, December 11, 199b - 7 p.m. Members Present: Brad Fyle, Shirley Anderson, Clint Herbst, Brian Stumpf, Tom Perrault Members Absent: None 2. special meeting hFld December 6. 1995. A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERR,AULT TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD NOVEMBER 27, AND THE SPECIAL MEETING HELD DECEMBER 6, 1995, AS WRITTEN. Motion carried unanimously. 3. Considex~,tion of adding items to the agenda. None. 1 4. Citizens comments/petitions+ requests,. end complaints. Nape. 5. Consent agenda. Mayor Fyle requested that item 5D be removed from the consent agenda for discussion. A. merchants Association. Recommendation: Approve issuance of a 5-day carnival license to the Monticello Mall Merchants Association for May 29 through June 2, 1996, and waive the daily fees by recognizing the Association as a non-profit group. B. Consideration of approving the 1996/1997 contract_for_ 'c~.RrQtection with the Wright County Sheriff's Department. Recommendation: Ratify the contract as proposed at the hourly rates of $33 per hour far 1996 and $34.50 per hour For 1997. C. .Recommendation: Approve the transfers as recommended by the City Administrator. Page 1 Council Minutes - 12/11./95 A MOTION WAS MADE BY GLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO APPROVE ITEMS 5A, 5B, AND 5C OF THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously. D. Conaidwration to review (treater Monti . llo .n Proriae FL d (C;MEFI T.oan Nn. 011 (Tapper s Inc 1 for comnlian n o£ h ~ , FF .yid lin s. Economic Development Director Ollie Koropchak reported that the EDA approved GMEF Loan Na. 011 for Tappers, Inc. dba Genereux Fine Wood Products, Inc., and Westland Distributing, and Council was asked to review the loan for compliance with the GMEF Guidelines. Koropchak noted that the real estate/equipment loan was approved for $100,000 at a 6.75% fixed interest rate amortized over 20 years, with a balloon in 5 years. Mayor Fyle questioned why the loan was approved with a collateral shortfall of approximately $53,000. Koropchak explained that the EDA felt the appraisal was very conservative and viewed the loan request as in compliance with the "gap financing" requirement. AFTER DISCUSSION, A MOTION WAS MADE BY GLINT HERBST AND SECONDED BY TOM PERRAULT TO SUPPORT THE LOAN APPROVAL BY THE EDA OF GMEF LOAN NO.O11 FOR TAPPERS, INC. Motion carried unanimously. 6. Public Hearing--Adoption of 1996 Budget and consideration_o£~ r~saat~ti.Qn setting the 1996 tax levv. Mayor Fyle opened the public hearing. City Administrator Rick Wolfsteller reported that at the truth in taxation hearing held on December 6, it was the consensus of Council to keep the proposed tax levy at the revised amount of $2,922,800, which would result in a 1.31% increase over the 1995 tax levy. There being no public comment, the public hearing was closed. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO ADOPT A RESOLUTION SETTING THE 1996 TAX LEVY AT $2,922,$00, A 1.31°~ INCREASE OVER THE 1995 TAX LEVY. Motion carried unanimously. SEE RESOLUTION 95-68. Page 2 Council Minutes - 12/11/95 -, Z Consideration of rwnewing Toil. Fire Aerrement with Montie~lln Tnwnehin and adnnting a pommy nn charms for Ease nl~_ _ reeponaea. City Administrator Rick Wolfsteller reported that the joint fire agreement with Monticello Township will expire December 31, 1995. The agreement uses afair-share formula, which takes into account the valuations of each member of the joint agreement and the number of fires occurring at each location, which are averaged to determine each party's share of the costs. After reviewing the agreement, the Joint Fire Board, along with Township and fire department representatives, recommended that the agreement be renewed as written. Wolfsteller also reported that the Joint Fire Board proposed that the City Council and Township Board implement a new policy that would cover potential charges for fire department responses to numerous false alarms. He noted that the fire department is experiencing an increase in the number of false fire alarms due to the increase in security systems on business and residential properties. The policy proposed by the Joint Board would allow each property owner up to two false fire alarms annually, with a $250 charge for each additional false alarm. 1 Mayor Fyle requested that Silver Creek Township and the City of Otsego be notified of the proposed false alarm policy prior to adoption since the fire department responds to these areas as well. Councilmember Stumpf suggested that the policy also address carbon monoxide alarms, which have increased significantly this year. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY CLINT HERBST TO RENEW THE JOINT CONTRACT ARRANGEMENT WITH MONTICELLO TOWNSHIP AS IT CURRENTLY EXISTS FOR AN ADDITIONAL FIVE YEARS. Motion carried unanimously. It was the consensus of Council to table action an adoption of the false alarm policy pending input from Silver Creek Township and the City of Otsego and pending further research an the number of carbon monoxide alarms. 8. concerning future acquisition of Lots 1, 2, and 3, Block 1, Oakwood Industrial Park Second Addition. Administrator Wolfsteller reported that for the past year, the City had an option contract with the H-Window Company allowing them to purchase Lots 1, 2, and 3, Oakwood Park Second Addition. The contract provided for an annual fee of $3,20p to be paid to the City based on 5% of the eventual Page 3 Council Minutes - 12/11/95 selling price of $64,000, and H-Window was responsible far $1,150 of the estimated real estate taxes. Prior to the current option contract, Council had agreed to hold six lots in Oakwood Park Second Addition at no cast; however, due to the concern of setting a precedent, Council established the nominal holding cost charge in 1995. Wolfsteller went on to note that the one-year agreement officially expired November 29, 1995, and H-Window has requested that the Council again hold the three lots exclusively for the H-Window Company until December 1, 2000, at no charge, with an exclusive option to purchase at a price of $Fi4,000. It was noted by Council that the City has accommodated the H-Window Company by holding lots since 1991; however, it was their view that the City should not hold lots at no charge and that the lots should be marketed for sale. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO OFFER THE LOTS FOR SALE TO THE H- WINDOW COMPANY AT A PRICE OF $64,000 UNTIL DECEMBER 31, 1995. IF NOT PURCHASED BY H-WINDOW, THE LOTS WILL BE MARKETED FOR SALE BEGINNING JANUARY 1, 1996. Motion carried unanimously. 9. .~~n~X~l~x~~i.on of ada~g_escrow policy allowing final occupancy prior to completion of grading and,,,,trQP,,,p~,~, to ine. Assistant Administrator O'Neill reported that at a previous meeting, Council reviewed a staff proposal which required a cash deposit from builders requesting final occupancy prior to final completion of site grading. After discussion with concerned builders, Council tabled the item pending further review and revision of the policy by staff and builders. City staff met with Value Plus Homes and Paul Becker to discuss the policy in detail. O'Neill noted that the policy was revised to note that for lots that have been certified by the City as already being properly graded, an escrow deposit would not be required, and the responsibility for correcting any subsequent drainage problems created by development of individual homes would then fall on the builder or homeowner. However, if the Building Official observed that the grading pattern of a lot had been improperly changed or interrupted as the result of home site development, the escrow requirement would apply prior to allowing final occupancy. The proposed policy also included a cash deposit for tree planting as required by ordinance; however, during the meeting with the builders, it was suggested that builders/developers provide the City with a "tree dedication" amount rather than requiring builders to plant trees on lots prior to Page 4 Council Minutes - 12/11/95 occupancy, which can result in dead trees due to lack of care. O'Neill noted that the Parks Commission is currently working on a shade tree inventory and would like systematic boulevard tree planting to be encouraged. O'Neill also reported that a letter was received from Tom Holthaus of Value Plus Homes stating that he was satisfied with the revised escrow proposal far site grading. Dick Frie, Planning Commission Chair, suggested that the tree program be city-wide and not only for new developments, as it was his view that many long-time residents would also like to have trees planted in the boulevard. Paul Becker requested that Council consider providing temporary occupancy certificates rather than requiring escrow deposits since mortgage companies currently escrow funds for grading. It was noted by staff that the City has no control over release of the escrow funds retained by mortgage companies, and the City should review individual lots prior to the release of funds. Consulting Engineer Bret Weiss stated that it would be possible to identify on the grading plan which lots would likely have a drainage problem and then notify the developer/builder that thane lots would require an escrow deposit. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO ADOPT THE ESCROW POLICY ALLOWING FINAL OCCUPANCY PRIOR TO COMPLETION OF GRADING AND TREE PLANTING. Motion carried unanimously. The Parks Commission will work toward establishment of a shade tree planting program for future presentation to the Council. 10. Consideration of e aZn_fing a variance which woild llow lling of a 10-acre well nd'n th s pni riv r shnr land ie rict. Assistant Administrator O'Neill reported that a variance to the zoning code is needed to allow filling of a small wetland in conjunction with the wastewater treatment plant expansion. This wetland is exempt from the State Wetland Act regulations regarding filling of wetlands due to the fact that it is less than .5 acres and the filling is needed to accommodate a public utility project. In addition, there is land available within the existing site to store storm water run-off, which will create a wetland area that is not present today. Creating another wetland area is not a requirement of the Wetland Act but serves as an additional justification for the variance. O'Neill noted that the Planning Commission recommended approval of the variance request. Page 5 Council Minutes - 12/11/95 AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO APPROVE THE VARIANCE REQUEST WHICH WOULD ALLOW FILLING OF A SMALL WETLAND IN CONJUNCTION WITH EXPANSION OF THE WASTEWATER TREATMENT PLANT. Motion carried unanimously. Motion is based on the finding that the use of the property for the intended purpose is nat possible without a variance, a wetland will be created at a new location, and the variance is justifiable based on the fact that it is exempt from the State Wetland Act regulations limiting the filling of wetlands. 11. Consideration of condjtion~,1, use nermi~which would allow expansion of_the wastewater treatment_nlant in a PZM_ zone. Council was asked to consider granting a conditional use permit allowing expansion of the wastewater treatment plant. Public Works Director John Simola noted that the site consists of approximately 4.1 acres, and the eastern boundary of the property will include development of a chain link fence and evergreen tree plantings in an effort to buffer the impact of the SBR tanks to the single family area. Simola went on to report that clear-cutting will occur up to 50 ft from the river's edge, and considerable grading will also be necessary due to difficult grade transitions between the adjacent Kruse property and the site. Efforts to limit the visual impact will be made by preserving as many existing trees as possible and by planting of new trees. It is expected that the new facility will result in a reduction in odor problems, and Assistant Administrator O'Neill noted that the Planning Commission recommended approval of the conditional use permit subject to conditions. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON TO APPROVE THE CONDITIONAL USE PERMIT WHICH WOULD ALLOW EXPANSION OF THE WASTEWATER TREATMENT PLANT TN A PZM ZONE SUBJECT TO THE FOLLOWING CONDITIONS: 1. ITEMS REQUIRED BY CODE: A. CONFORMITY WITH THE SURROUNDING NEIGHBORHOOD IS MAINTAINED, AND REQUIRED SETBACKS AND SIDE YARD REQUIREMENTS ARE MET. B. ADEQUATE SCREENING FROM NEIGHBORING USES AND LANDSCAPING IS PROVIDED IN ACCORDANCE WITH CHAPTER 3, SECTION 2, OF THE ZONING ORDINANCE. Page 6 Council Minutes - 12/11/95 C. THE PROVISIONS OF CHAPTER 22 OF THE ZONING ORDINANCE ARE CONSIDERED AND SATISFACTORILY MET. D. THE FACILITY MUST HAVE DIRECT ACCESS TO A COUNTY OR CITY STATE AID HIGHWAY. 2. INSTALLATION OF ODOR CONTROL MEA5URES NECESSARY TO MAINTAIN OR REDUCE THE CURRENT PROBLEM. 3. NO TREE CLEAR-CUTTING TO OCCUR WITHIN 50 FT OF THE RIVER'S EDGE. 4. CITY BUFFER YARD REQUIREMENTS MUST BE MET ON THE KR.USE SIDE OF THE PROPERTY. TOP SIDE BUFFER YARD TO BUFFER INSTITUTIONAL/MULTI-FAMILY, LOWER SIDE TO BUFFER INSTITUIONAL USE/SINGLE FAMILY. Motion carried unanimously. Motion is based on the finding that the facility is consistent with the character of the area, the screening and landscaping are designed to preserve to the extent possible the value of the adjoining property, and the proposal is consistent with the comprehensive plan for the city. 12. City Administrator Wolfsteller reported that a 5% cast of living adjustment to all salary categories was included in the 1996 budget to provide sufficient dollars for possible salary increases. He noted the Minneapolis/St. Paul consumer price index indicated a current inflation rate far the metro area of 2.7% on an annual basis, and a survey of surrounding communities showed a range of 2% to 3°.6 far 1996 salaries. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY CLINT HERBST TO ESTABLISH A COST OF LIVING ADJUSTMENT FOR THE NON-UNION PAY SCHEDULE OF 2.7°lo FOR 1996. Motion carried unanimously. 13. Consideration of adopting revised job_evaluatjOri_r~. City Administrator Wolfsteller reported that in 1991, the City contracted with the League of Minnesota Cities far a complete review of the City's compliance with the comparable worth law, which included making suggested revisions to job descriptions and recommendations far setting up a new pay system that would comply with the law. As part of the ongoing maintenance of the system, the positions and duties should be reviewed every 3-5 years. Pale 7 Council Minutes - 12/11/95 Wolfsteller noted that employees were asked to review their current job descriptions For accuracy and list any changes in their positions that had occurred during the past three years. In addition, any appeal of the comparable worth points was required to be in writing, stating the reasons for an increase in points and in what specific area. The job descriptions were originally based on five main categories: knowledge and experience, accountability for actions, responsibility far planning, supervision, and working conditions. After reviewing the job descriptions and appeals, two changes to point values were recammended by the City Administrator. The Assistant Administrator's points were changed from 239 to 241, which moved the position to from grade 15 to grade 16, and the Public Works Director's points were changed from 231 to 242, also moving the position from grade 15 to grade 16. The Council discussed the minimum qualifications for the Public Works Director position. It was noted by the City Administrator that because the position is very diverse with many areas of responsibility, he recommended that the minimum qualifications be changed to 9 or more years of experience or a B.A, degree and 3-5 years of experience. Mayor Fyle suggested that the City ask the League of Minnesota Cities to review the Public Works Director job description and give a recommendation on the minimum qualifications. It was Fyle's view that 5 years of experience should be sufficient to qualify for the position. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON TO ACCEPT THE JOB EVALUATION RECOMMENDATIONS AS PRESENTED, WHICH WOULD MOVE THE ASSISTANT ADMINISTRATOR AND PUBLIC WORKS DIRECTOR POSITIONS TO GRADE 16. Voting in favor: Brian Stumpf, Shirley Anderson, Clint Herbst, Tom Perrault. Opposed: Brad Fyle. It was Fyle's view that the education requirement and associated points for the Public Works Director position should be re-evaluated. Motion passed. 14. works department. Public Works Director John Simola reported that in 1994, Council approved a city-wide staffing plan which included the creation of a part-time Public Works Secretary position. Beth Green was hired for the position, which has averaged 22 hours per week. Simola noted the addition of a secretary has increased the efficiency of the public works department; however, due to the half-time nature of the position and the secretary's current workload from the Public Works Director and other supervisors, there is a need for the Page 8 Council Minutes - 12/11/95 position to be full-time, It was estimated that the pay range would likely fall between $8.40/hour to $11.13/hour, but the actual pay grade would be determined if Council approved the position and after the job description was rated according to the comparable worth system. Simola also noted that the current personnel policy requires that the position be posted for applications from present City employees. Mayor Fyle suggested that the position be increased from half-time to 3/4 time far a year before making it a full-time position. Staff responded that supervisors must spend time driving to city hall for secretarial support in the afternoon after Beth has left for the day. This would be eliminated if the position was full-time. In addition, the public would be served more efficiently with afull-time secretary in the public works department. AFTER DTSCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO AUTHORIZE THE CITY ADMINISTRATOR AND PUBLIC WORKS DIRECTOR TO PREPARE A JOB DESCRIPTION FOR A FULL-TIME PUBLIC WORKS SECRETARY, RATE THE JOB UNDER THE COMPARABLE WORTH PROGRAM, AND POST THE JOB OPENING FOR APPLICATIONS FROM PRESENT EMPLOYEES. Voting in favor: Brian Stumpf, Tam Perrault, Shirley Anderson, Clint Herbst. Opposed: Brad Fyle. It was Fyle's view that the position should be increased to 3/4 time rather than full- time. Motion passed. 15. department em~yee. Public Works Director Jahn Simola reported that the last full-time position added to the street and parks department was in December of 1984. The growth over the past ten years in additional roads, storm sewers, ponds, drainage ditches, parks, and buildings has placed significant additional workloads on the street and parks department, and an additional Operator/ Mechanic is needed. Simola noted that the pay range would be $11.86/hour to $14.82/hour. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY TOM PERRAULT TO AUTHORIZE HIRING OF AN ADDITIONAL OPERATORlMECHANTC POSITION IN THE PUBLIC WORKS DEPARTMENT. Motion carried unanimously. 16. Heartland Exnreas bus_service. Assistant Administrator O'Neill reported that the current contract between the City and Hoglund Coach Lines is due for renewal for bus service in 1996. Page 9 Council Minutes - 12/1]./95 The proposed contract called far an increase from $22.88/hr to $23.43/hr for transportation service in 1996. The formal bidding process will be required to take place in the fall of 1996 for selection of a service provider for 1997. O'Neill noted that the bus system is operating well with solid and consistent ridership numbers and that ridership will likely increase when the Mississippi Shores housing project is completed. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BA,IAN STUMPF TO RENEW THE TRANSPORTATION CONTRACT WITH HOGLUND COACH LINES AT $23.43/HOUR FOR 1996 BUS SERVICE. Motion carried unanimously. 17. Conaideratinn of bills for the month of Decemher_~~ ~~. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY CLINT HERBST TO APPROVE THE PARTIAL LIST OF BILLS FOR THE MONTH OF DECEMBER AS PRESENTED. Motion carried unanimously. There being no further business, the meeting adjourned. '~, Kar Daty Office Manager Page 10