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City Council Minutes 05-27-1997MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Tuesday, May 27, 1997 - 7 p.m. Members Present: Bill Fair, Clint Herbst, Brian Stumpf, Roger Carlson, Bruce Thielen Members Absent: None 1. Consideration of report from City Assessor, Kramber & Associates. Mayor Fair began the meeting a few minutes early to allow the City Assessor to report on re-evaluation of parcels. City Assessor Jerry Kramber reported that he reviewed six parcels as directed by the Board of Review on May 7, 1997. Discussion and action were taken on the following parcels: 1. 155-048-002050: Because the 1996 reduction was not recorded as a permanent reduction, the 1997 estimated market value was increased by 6.8% for 1997. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO INCREASE THE ESTIMATED MARKET VALUE BY 3.5% RATHER THAN 6.8% FOR 1997, RESULTING IN A $141,800 MARKET VALUE. Motion carried unanimously. 2. 155-013-001030: Changed enclosed porch from average to fair, resulting in a reduction of $800, for a new estimated market value of $94,700. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO APPROVE THE CITY ASSESSOR'S RECOMMENDATION FOR AN ESTIMATED MARKET VALUE OF $94,700. Motion carried unanimously. 3. 155-011-000031: Increased physical depreciation from 5% to 10%, resulting in a reduction of $34,600, for a new estimated market value of $708,300. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO APPROVE THE CITY ASSESSOR'S RECOMMENDATION FOR AN ESTIMATED MARKET VALUE OF $708,300. Motion carried unanimously. Page 1 Council Minutes - 5/27/97 4. 155-074-002040: Took off three bath fixtures, resulting in a reduction of $1,500, for a new estimated market value of $130,200. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT HERBST TO APPROVE THE CITY ASSESSOR'S RECOMMENDATION FOR AN ESTIMATED MARKET VALUE OF $130,200. Motion carried unanimously. 5. 155-090-002190: Changed grade from 8 to 7.5, added a walkout and omitted a gas fireplace, resulting in a reduction of $5,100, for a new estimated market value of $132,300. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO APPROVE THE CITY ASSESSOR'S RECOMMENDATION FOR AN ESTIMATED MARKET VALUE OF $132,300. Motion carried unanimously. 6. 155-010-068010: Changed condition from good to average and changed effective age from 1953 to 1958, resulting in a reduction of $3,000, for a new estimated market value of $88,800. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER CARLSON TO APPROVE THE CITY ASSESSOR'S RECOMMENDATION FOR AN ESTIMATED MARKET VALUE OF $88,800. Motion carried unanimously. 2. Approval of minutes of the regular meeting held May 12, 1997 Councilmember Herbst requested that the motion for item #14 be clarified that other communities will continue to be allowed to contract the use of Monticello's animal shelter. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO APPROVE THE AMENDMENT TO THE MINUTES. Motion carried unanimously. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD MAY 12, 1997, AS AMENDED. Motion carried unanimously. 3. Consideration of adding items to the agenda. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO ADD ITEM #13 TO THE CONSENT AGENDA. Motion carried unanimously. Page 2 Council Minutes - 5/27/97 4. Citizens comments/petitions, requests and complaints. A. Wanda Kraemer, representing the MCP promotions committee, announced events scheduled for Walk and Roll and invited the Council to attend the celebration on Saturday, May 31. B. Fourth Street resident Ron Reinking requested that Council consider taking action to control the use of dirt bikes and motorcycles on the railroad track easement. He noted that the number of cycles using the track has steadily increased over the past few years and has become a nuisance. It was the consensus of Council to have the Police Commission review the issue at its next meeting. 5. Consent agenda. Councilmember Herbst requested that item 5B be removed from the consent agenda for discussion. A. Consideration of authorizing as 1 -day farmer's market and exemption of permit fee Applicant Downtown Merchants Association. Recommendation: Approve the issuance of a 1 -day farmer's market permit for the Downtown Merchants Association as part of the August 9 all -city garage sale event and waive the permit fees. B. Consideration of approving amendment to Contract for Private Redevelopment by and among the City, Cedrus Creek Craftsman, Inc., and the HRA. Removed from the consent agenda for discussion. C. Consideration of approval of final plat and associated development and disbursement agreements for Cardinal Hills VI residential subdivision Applicant Value Plus Homes. Recommendation: Approve the final plat and associated development and disbursement agreements for the Cardinal Hills VI residential subdivision contingent on negotiations between City staff and developer regarding water main looping cost and lift station abandonment. D. Consideration of rezoning Cardinal Pond residential subdivision from agriculture to R-1 Applicant, John Leerssen. Recommendation: Approve the rezoning from AO to R-1 based on the finding that the proposal is consistent with the comprehensive plan and surrounding area uses. SEE ORDINANCE AMENDMENT NO. 292. Page 3 Council Minutes - 5/27/97 E. Consideration of approval of preliminary plat of Cardinal Pond residential subdivision Applicant, John Leerssen. Recommendation: Approve the preliminary plat for the Cardinal Pond subdivision subject to the following conditions: 1. Fallon Court is redesigned to a width of 30 feet, curb to curb. 2. The proposed cul-de-sac street is redesigned as follows: If Fallon Court is to be extended in the future, the cul-de-sac shall be redesigned and located entirely within the public right-of- way adjacent to the plat's southern boundary, subject to review and approval of the City Engineer and public works. 3. The maintenance of the proposed ponding areas and wetlands be addressed in one of the following manners: a. The plat be revised to locate the ponding areas and wetlands within the area of adjacent lots; or b. The ponding areas and wetlands be platted as an outlot. The applicant will be required to provide for a homeowners association subject to the provisions of the zoning ordinance to ensure maintenance of the outlot. 4. The proposed pedestrian trail be relocated to a location within the existing power line easement. 5. The plat be revised to provide a pedestrian trail along the east side of the Fallon Avenue right-of-way. 6. The City Engineer verify appropriate wetland mitigation at a 2:1 ratio. 7. The City Engineer and public works review and approve all grading, drainage, and utility plans. 8. The applicant make appropriate cash contributions if final plat approval is granted. 9. Wright County Soil and Water Conservation District verify the wetland delineation and the mitigation plan proposed by the applicant. Page 4 Council Minutes - 5/27/97 F. Consideration of adoption of an ordinance requiring plan review of plumbing plans for work in the city, and adoption of a resolution requesting that the Minnesota State Commissioner of Health delegate State Plumbing Code enforcement activities to the City. Recommendation: Adopt the ordinance requiring plan review of plumbing plans for work in the city of Monticello, and adopt the resolution requesting that the Minnesota State Commissioner of Health delegate State Plumbing Code enforcement activities to the City. SEE ORDINANCE AMENDMENT NO. 293. SEE RESOLUTION 97-17. G. Consideration of final payment to Barbarossa & Sons, Inc.A for Meadow Oak storm sewer outlet and Northeast Gillard Avenue reconstruction, Project 93-12C. Recommendation: Authorize final payment to Barbarossa & Sons in the amount of $18,549.40 upon receipt of all final lien waivers. H. Consideration of electrical improvements to Ellison Park for community events and celebrations. Recommendation: Authorize electrical improvements to the log shelter and gazebo in Ellison Park at a cost of $4,920. 6. Consideration of items removed from the consent agenda for discussion. 5B. Consideration of approving amendment to Contract for Private Redevelopment by and among the City, Cedrus Creek Craftsman, Inc.. and the HRA. Economic Development Director 011ie Koropchak reported that at its meeting in May, the HRA voted to amend the contract for private redevelopment between the City, HRA, and Cedrus Creek Craftsman, Inc., to extend by one year the date of commencement and completion of construction and the date of recording and filing of the final plat for Prairie West Second Addition. The developer agreed to pay all costs associated with amending the contract. In summary, Koropchak stated that the commencement date for payback to the developer and HRA is delayed one year, total payback to the developer and the HRA is delayed four years, the developer's payback interest will accrue from June 1, 1997, and the district will run the maximum life of 25 years. Councilmember Herbst noted his concern that this was the second request for amendment to the contract. It was his view that, although the City wants to see the development succeed, two extensions should allow the developer sufficient time to comply with the contract. Page 5 Council Minutes - 5/27/97 John Komarek of Cedrus Creek Craftsman noted that the amendments were due to legal delays in decertifying the Gille parcel from the torrens title system and returning it to the abstract recording system. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO APPROVE THE AMENDMENT TO THE CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE CITY, HRA, AND CEDRUS CREEK CRAFTSMAN. Motion carried unanimously. 7. Consideration of renewing membership in the Wright County Economic Development Partnership. City Administrator Rick Wolfsteller reported that Council previously tabled consideration of membership in the Wright County Economic Development Partnership to allow for representatives of the Partnership to attend the Council meeting to answer questions regarding the program. In addition, Council requested additional information on activities and accomplishments of the Partnership and how it related to the City of Monticello. Marc Nevinski, executive director of the Partnership, reported that accomplishments of the Partnership included: ■ completion of an overall economic development plan which led to a grant for the City of Cokato; ■ development of a networking relationship with Benton, Stearns, and Sherburne Counties; ■ development of a working relationship with the Minnesota Dept. of Trade and Economic Development and the Central Minnesota Initiative Fund; ■ implementation of a county -wide business survey; and ■ assistance to Eden Electronic and Product Technologies with expansion projects utilizing the enterprise loan fund. Nevinski noted that if Monticello continued their membership, they would benefit because the Partnership would serve as a marketing tool for the county; would provide a central source of information and support services such as financing, site availability, and employee sources; and would foster cooperation and collaboration between local governments, educational and financial institutions, utility companies, and business, as well as adjoining counties and state government. He noted that in a sense there is a duplication of efforts; however, when the county benefits, the city benefits. Page 6 Council Minutes - 5/27/97 Councilmember Herbst asked if the Chamber had agreed to pay the $500 portion of the membership fee as requested by the IDC. Chamber President Grace Pederson noted that the Chamber Board will meet on June 3 and that she saw no reason why the Board would deny the IDC's request to pay the $500 toward membership in the Partnership. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON TO APPROVE CONTINUED MEMBERSHIP IN THE ECONOMIC DEVELOPMENT PARTNERSHIP OF WRIGHT COUNTY AND TO ENCOURAGE THE CHAMBER OF COMMERCE/IDC TO CONTRIBUTE $500 TOWARD THE MEMBERSHIP. Voting in favor: Bruce Thielen, Roger Carlson, Bill Fair, Brian Stumpf. Opposed: Clint Herbst. It was Herbst's view that Council should require that it be mandatory for the Chamber to contribute $500 toward the membership dues since the program is used for expanding commercial businesses. Motion passed. 8. Consideration of providing 60 -day notice of withdrawal from the City/Township Urbanization Plan. Mayor Fair reported that this item was placed on the agenda at his request and that a letter noting his concerns on the issue of urban service boundaries was included in each Council member's agenda packet. He stated that he would table his intended motion to provide the Township with a 60 -day notice of withdrawal from the urbanization plan in order to allow the Council an additional two weeks to consider development of the two properties in the southeast portion of the OAA. Councilmember Clint Herbst noted his concern with regard to the Mayor's presentation of information at the joint Township/City meeting prior to all Council members being given the opportunity to review the information. In addition, it was his view that Council members were put in a difficult position when Mayor Fair stated his intent to make a motion to withdraw from the urbanization plan without first discussing it with the Council members. Councilmember Bruce Thielen stated that nothing would be accomplished unless the Township was dealt with upfront and with respect. It was his view that the City should follow through with the process by establishing a committee to work with the Township in the spirit of cooperation rather than intimidation. Councilmember Brian Stumpf noted that he would be absent from the June 9 Council meeting and requested that the Mayor delay making his motion for withdrawal from the urbanization plan until the June 23 meeting. Page 7 Council Minutes - 5/27/97 Mayor Fair agreed to wait until the June 23 meeting to discuss withdrawal from the urbanization plan. 8a. Consideration of selecting additional meeting dates with Monticello Township to continue discussions on urbanization boundary plan amendments. Councilmember Bruce Thielen requested that the Council create a committee to work with the Township on urbanization boundary amendments and that the City Administrator also attend the meetings. Councilmember Clint Herbst added that the City Planner should also attend the meeting. Councilmembers Herbst, Stumpf, and Carlson volunteered to serve on the committee. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO SET UP A COMMITTEE TO INCLUDE CLINT HERBST, BRIAN STUMPF, AND ROGER CARLSON TO CONTINUE DISCUSSIONS WITH MONTICELLO TOWNSHIP REGARDING URBANIZATION BOUNDARY AMENDMENTS. Motion carried unanimously. It was the consensus of Council to select Tuesday, June 17, 1997, 7 p.m., at city hall, without a moderator, for the next joint meeting date with the Township. If the Township is unable to meet on June 17, a second date would be negotiated. 9. Consideration of a resolution approving the feasibility study for Klein Farms III residential subdivision and consideration of authorizing preparation of plans and specifications. City Engineer Bret Weiss reported that the Klein Farms III development is located immediately south of the Klein Farms 1st and 2nd Additions and west of the Cardinal Hills development. It is proposed to consist of 132 single family residential units, which will be developed in two phases. Phase I would consist of 38 lots and would be privately -funded; phase II was proposed to be completed as a public improvement due to the significant amount of trunk improvement costs and would be funded through special assessments as well as contributions from the appropriate trunk utility funds. Weiss also noted that phase II proposed the extension of a trunk sanitary sewer line west to County Road 117, which would provide flexibility to develop the property south of Kjellberg's East Mobile Home Park prior to developing the property south of Klein Farms 3rd Addition; however, it would involve additional oversizing costs of $113,000. He explained that in the past, the City has paid the oversizing cost; however, this project was slightly different in that it would provide the developer flexibility to access Page 8 Council Minutes - 5/27/97 property. Although the developer would prefer that the City upfront the $113,000 cost, he did agree to upfront the cost if the credit was returned with the first 90 acres. City Engineer Weiss noted that the total cost of the project was estimated at $2,322,000, with phase I costs estimated at $496,000. He also stated that the developer requested that the City consider reducing the letter of credit requirement based on his past track record of development in the city. City Administrator Rick Wolfsteller agreed that there may be merit in establishing a policy regarding letters of credit for long-time developers versus first-time developers in the area. Public Works Director John Simola suggested that the City require the developer to upfront the $113,000 oversizing cost as long as the developer is willing to do so. Councilmember Herbst agreed that the developer should pay the oversizing cost but that the City could carry the letter of credit. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO ADOPT A RESOLUTION APPROVING THE FEASIBILITY STUDY AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR KLEIN FARMS III CONTINGENT ON THE DEVELOPER PROVIDING A DEPOSIT IN AN AMOUNT EQUAL TO THE COST OF THE PLAN PREPARATION. Motion carried unanimously. SEE RESOLUTION 97-18. 10. Consideration of authorizing a flood relief donation through the League of Minnesota Cities. Mayor Fair reported that the Mayors Association requested that cities consider contributing a portion of their FEMA reimbursement to help the flood -stricken cities that were hit the hardest. City Administrator Wolfsteller noted that the City received $13,400 in federal disaster assistance and may receive an additional $2,500 from the State for snow removal cost overruns. He explained that the City's snow removal budget showed only the overtime cost for snow removal labor, repair parts, and materials such as sand and salt, but does not include regular street department payroll. Through March 1997, the City expended approximately $15,000 of the $22,000 budget, which could result in the City exceeding the budget with additional snow removal operations this fall. Councilmember Brian Stumpf requested that, if the City approved a flood - relief donation, the snow removal budget be adjusted for 1998. It was recommended by the City Administrator that donations be sent to the League of Minnesota Cities for distribution. Page 9 Council Minutes - 5/27/97 AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO AUTHORIZE A $2,500 DONATION TO THE LEAGUE OF MINNESOTA CITIES FOR DISTRIBUTION TO FLOOD -STRICKEN CITIES NEEDING ASSISTANCE. Motion carried unanimously. 11. Consideration of authorizing the sale of Lots 13 and 14, Block I Hoglund Addition, located on Mississippi Drive. City Administrator Rick Wolfsteller reported that he received a memo from the League of Minnesota Cities regarding the sale of park property, which indicated if property was acquired by a deed containing no restrictions on its use, in most cases the property could be resold for other purposes. After reviewing the history of the City's acquisition of Lots 13 and 14, Block 3, Hoglund Addition, it was the opinion of City Attorney Paul Weingarden that the City should have legal authority to resell the properties since the deeds contained no restrictions. Weingarden did suggest, however, that proceeds from the sale of the lots be dedicated to the park fund for park improvements. It was recommended by City staff that the City sell the lots as a package, which would likely make it easier to perform soil corrections, with a minimum bid per lot established at $9,000 each as a starting point. Councilmember Bruce Thielen agreed with the recommendation of the City Attorney that the proceeds be dedicated to a park fund. He suggested that the City establish a park fund that rolls over from year to year and that any money dedicated in lieu of park land be deposited in that fund. It was also his view that the fund should be used for acquisition rather than maintenance items. The City Administrator noted that after discussing park funds with the city auditors, it was suggested that available park funds could be tracked through the fund balance with a line item established as a park fund reserve. It was the consensus of the Council that a method of tracking park funds could be discussed during the 1998 budget workshops. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO AUTHORIZE SELLING LOTS 13 AND 14, BLOCK 3, HOGLUND ADDITION, AS A PACKAGE, WITH A MINIMUM BID REQUIREMENT OF $9,000 PER LOT, WITH THE NEW OWNERS RESPONSIBLE FOR ALL SOIL CORRECTION AND EROSION CONTROL AND MAINTENANCE OF THE HILLSIDE. THE METHOD OF TRACKING AVAILABLE PARK FUNDS WILL BE DISCUSSED DURING THE 1998 BUDGET WORKSHOP. Motion carried unanimously. Page 10 Council Minutes - 5/27/97 12. Consideration of advertising for bids and obtaining quotes for a new 4 -wheel drive tractor loader and trailer for the parks and street departments. Public Works Director John Simola reported that the street and parks departments were in need of an additional smaller tractor loader and that a total of $57,750 had been budgeted for this purchase over the past three years. He requested that Council consider authorizing advertisement for bids for a 4WD tractor loader based upon specifications written for the 210 LE John Deere and the 570 LXT Case, and to authorize obtaining quotes for trailers based upon specifications similar to the Felling line of industrial trailers. Bids would return for Council review on June 23. Councilmember Stumpf asked if there was sufficient parking space at the public works complex for additional equipment. Public Works Director John Simola noted that he was also concerned about parking and that they would need to consider purging other equipment from the inventory. In addition, in the future the City may discontinue renting out the pole barn located at the city sludge site in order to increase the City's available storage space. Councilmember Stumpf suggested that staff earmark some of the pole barn rent for sturdy locks for the equipment stored outside. AFTER DISCUSSION, A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT HERBST TO AUTHORIZE CITY STAFF TO ADVERTISE FOR BIDS FOR A NEW 4WD TRACTOR LOADER BASED UPON SPECIFICATIONS FOR THE JOHN DEERE AND CASE, AND TO OBTAIN QUOTES FOR A TRAILER BASED UPON SPECIFICATIONS ALONG THE FELLING INDUSTRIAL TRAILER LINE, WITH BIDS TO BE REVIEWED BY COUNCIL ON JUNE 23. Motion carried unanimously. 13. Consideration of electrical improvements to Ellison Park for community events and celebrations. This item was added to the consent agenda. See item # 5H. 14. Consideration of bills for the last half of May. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO APPROVE THE BILLS FOR THE LAST HALF OF MAY. Motion carried unanimously. Page 11 Council Minutes - 5/27/97 15. Other matters. A. Chief Building Official Fred Patch requested that the Council review the governing policies and forward comments to the Mayor. Consideration of adopting the policies will be considered at a future meeting. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT HERBST TO ADJOURN THE MEETING. Motion carried unanimously. Kare Doty Office Manager Page 12