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City Council Minutes 03-25-1996MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, March 25, 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 regular meetinV, held March 11, 1996, AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD MARCH 11, 1996, AS WRITTEN. Motion carried unanimously. 3. Consideration of adding items to the agenda. A. Consideration of gambling license for JP's Annex - Land Of Lakes Boys Choir. City Administrator Rick Wolfsteller reported that as part of the transfer of ownership of JP's Annex, Mr. Rob Hoffman was interested in having a charitable organization conduct pull -tab sales at his facility. Council was asked to approve issuance of a gambling license to the Land of Lakes Choirboys, whose organization is located at the intersection of Highway 10 and County Road 15 between Big Lake and Elk River. Wolfsteller noted that previously Council had required that non-profit organizations conducting gambling in the city limits be considered local organizations to encourage more of the gambling proceeds to be donated locally. Mr.. John Fitzgerald, business manager for the choir, noted that the choir has been in existence for 20 years and has many members from Monticello. The organization is planning to expand and would like to use the pull -tab funds to start a school. He noted that they currently give back to the community by performing concerts, participating in parades, etc. Council members noted that they would like a specific percentage of the gambling funds to be given back to the community. City Administrator Wolfsteller stated that Council could request a specific percentage and could enforce it by denying renewal of the license if the percentage hasn't been met. Page 1 Council Minutes - 3/25/96 Fitzgerald stated that they could agree to give a percentage of the profits back to the community, and perhaps the organization could work with the City Administrator on acceptable forms of donations. Paulette Conroy, a parent of one of the choir members, suggested that perhaps part of the payback to the community could be in the form of becoming more visible by providing concerts in Monticello. Council members discussed various percentages ranging from 30% to 50%. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO ADOPT A RESOLUTION APPROVING THE ISSUANCE OF A GAMBLING LICENSE TO THE LAND OF LAKES CHOIRBOYS WITH THE CONDITION THAT 40% OF THE PROFITS BE GIVEN BACK TO THE COMMUNITY IN SOME WAY. Motion carried unanimously. SEE RESOLUTION 96-9. 4. Citizens comments/petitions; requests,, and complaints. A. Mr. Ron Hall, a resident on East River Street, requested that Council attempt to raise awareness of the problem of snowmobiles being ridden on private property. He noted that the "no snowmobiling" signs are ignored and his lawn requires repairs every spring. Council noted that information regarding snowmobiling is published; however, this issue could be referred to the Police Commission, and the Sheriffs Department could be asked to increase policing of snowmobile activities if possible. 5. Consent agenda. A. Consideration of farm management contract with Pro Ag Crop Consultants; Inc., for Bohanon farm. - Removed from consent agenda for discussion. B. Consideration of advertisement for bids for refurbishing wells #1 and #3 Recommendation: Authorize advertisement for bids for refurbishment of deep well pumps #1 and #3 and inspection of the wells. C. Consideration of an ordinance amendment for licensing of commercial dog kennels. - Removed from consent agenda for discussion. Page 2 Council Minutes - 3/25/96 D. Consideration of resolution declaring official intent to reimburse for project costs - 96-01C. Recommendation: Adopt a resolution declaring the official intent of the City to reimburse itself for expenditures relating to Project 96-01C, Dundas Road improvements. SEE RESOLUTION 96-10. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO APPROVE ITEMS 5B AND 5D OF THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously. A. Consideration of farm management contract with Pro Ag Crop Consultants, Inc., for Bohanon farm. Public Works Director John Simola reported that it appears that the groundwater below the Bohanon site may have been impacted from nitrates used on the Bohanon farm and from sources outside the property. Because the City and Professional Services Group (PSG) need to develop a management program to assure that the operation of the farm follows sound farm management practices and state and federal regulations, it was recommended that the City hire Pro Ag Crop Consultants, Inc., to assist with management of the Bohanon farm at a total annual cost of $3,225. The City and PSG would split the cost at $1,612.50 each. Council members questioned the need for spending additional funds to hire a farm management firm since guidelines for sludge application are already established. Rick Gilbertson of Pro Ag Crop Consultants noted that City staff would not have the time or the expertise to catch nitrogen leaching problems before reaching the monitoring wells. It was also noted that the nitrate levels at the site must be reduced; therefore, it was felt that hiring a professional to implement a management program was necessary. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO APPROVE A CONTRACT WITH RICK GILBERTSON OF PRO AG CROP CONSULTANTS, INC., FOR MANAGEMENT OF THE BOHANON FARM AS PROPOSED FOR AN ANNUAL FEE OF $3,225 TO BE SPLIT BETWEEN THE CITY AND PSG. Stumpf noted his appreciation to PSG for paying half of the contract price. Voting in favor: Brian Stumpf, Tom Perrault, Shirley Anderson. Opposed: Brad Fyle, Clint Herbst. It was Fyle and Herbst's view that it was not necessary to hire a consultant to manage the farm operation. Motion passed. Page 3 Council Minutes - 3/25/96 C. Consideration of an ordinance amendment for licensing of commercial dog kennels. City Administrator Rick Wolfsteller reported that the current city ordinance states requirements for obtaining a commercial dog kennel license but does not state where a commercial kennel can be located. It was recommended that revisions be adopted concerning conditions and restrictions for commercial kennels to help eliminate problems in the event a kennel license is requested. Wolfsteller went on to explain that the proposed ordinance amendment would allow licensing and operation of commercial kennels with three or more dogs in an agricultural zone only. In addition, it would also allow for a new category of "hobby kennel" for someone who may have more than three but less than six dogs and is not in the actual business of breeding or selling animals. This could be allowed in a residential zone as a conditional use. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO ADOPT AN ORDINANCE AMENDMENT ALLOWING COMMERCIAL KENNELS AS A CONDITIONAL USE IN AN AGRICULTURAL ZONE ONLY AND ALLOWING NO MORE THAN THREE DOGS IN A RESIDENTIAL AREA; DELETE THE HOBBY KENNEL SECTION OF THE PROPOSED ORDINANCE. Motion carried unanimously. SEE ORDINANCE AMENDMENT NO. 277. 6. Public Hearing --Consideration of transferring liquor license for J P 's Annex Mayor Fyle opened the public hearing. City Administrator Wolfsteller reported that Robert Hoffman had applied for the on -sale liquor license currently granted to JP's Annex to be transferred to his name, as he was in the process of purchasing the business. The background check conducted by the Sheriff's Department was satisfactory. Mayor Fyle closed the public hearing. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO APPROVE THE TRANSFER OF THE CURRENT ON -SALE LIQUOR LICENSE FOR JP'S ANNEX TO ROBERT HOFFMAN FOR THE BAR AND RESTAURANT CONTINGENT UPON RECEIPT OF THE REQUIRED CERTIFICATE OF LIABILITY INSURANCE. Motion carried unanimously. Page 4 Council Minutes - 3/25/96 7. Consideration of accepting feasibility study and authorizing plans and specifications --Project 96-01C, Dundas Road extension. City Engineer Bret Weiss reported that the feasibility study was complete for Commerce Center 3rd Addition public improvements, which consisted of sanitary sewer, water, and Dundas Road and pathway improvements. He noted that the project would include extension of Dundas Road east from Fallon Avenue about 400 ft and extension of utilities along Fallon Avenue from Dundas Road to Chelsea Road. The project also included a bituminous pathway along Dundas Road, which would allow residents in the nearby Cardinal Hills and Klein Farms areas to safely walk or bike to and from work. Weiss noted that the project as proposed with extension of the water main to connect with the existing trunk water main at Chelsea Road was estimated at $166,700; however, if Council chose to delete the connection to the trunk water main, the estimated project cost was $142,000. Council discussed the proposed bituminous pathway and noted that even though the developer would be paying for installation, the City would have to maintain it as part of the pathway system. It was their view that a pathway system in an industrial area was unnecessary. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO ADOPT A RESOLUTION ACCEPTING THE FEASIBILITY STUDY AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR PROJECT 96-01C, DUNDAS ROAD EXTENSION, WITH THE DELETION OF THE BITUMINOUS PATHWAY AND THE WATER MAIN EXTENSION TO CHELSEA ROAD. Motion is contingent upon the developer providing funds sufficient to pay for plans and specifications in the event the project does not move forward. Motion carried unanimously. SEE RESOLUTION 96-11. 8. Consideration of renewing animal services agreement --Patty Salzwedel. City Administrator Rick Wolfsteller reported that since 1988, the City has had an independent contract arrangement with Patty Salzwedel to perform the animal control duties for the City, including daily pound maintenance. The last revision in the compensation package occurred in November 1992, at which time the monthly contract amount for 1993 was increased to $2,200 for both the animal control services and impound maintenance. Wolfsteller explained that total revenues from impound and license fees has dropped from over $28,000 in 1992 to $19,400 in 1995; however, expenditures have also decreased, resulting in a net operating cost of $11,700, which is lower today than it was in 1992. It was suggested that, in order to offset the Page 5 Council Minutes - 3/25/96 cost of contract increases, the daily impound fees be raised from $8 per day to $9 per day, along with raising the disposal charge of $25 per animal to $27 per animal. DECISION 1: FEE SCHEDULE ADJUSTMENTS AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON TO ADJUST THE DAILY HOUSING IMPOUNDMENT FEE FROM $8 PER DAY TO $9 PER DAY AND THE EUTHANIZATION/DISPOSAL FEE FROM $25 PER ANIMAL TO $27 PER ANIMAL EFFECTIVE APRIL 1, 1996. Motion carried unanimously. In regard to the animal control contract renewal, Wolfsteller noted that Salzwedel requested an adjustment to the monthly contract of approximately 8.5% to compensate for inflationary cost since 1993, which would amount to an increase of $187 per month. It was noted that the contract was $1,000 per month prior to June of 1992, at which time it was increased to $2,000 per month based on the amount of hours being spent by Salzwedel and the number of dogs being handled. Council discussed the amount of the contract increase in 1992, and it was felt by some that either the hours should be reduced or an increase should be in the range of 2.7%, which was the amount given to City staff for 1996. DECISION 2: ANIMAL SERVICES CONTRACT RENEWAL AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO INCREASE THE MONTHLY CONTRACT WITH PATTY SALZWEDEL BY 8.5%, OR $187 PER MONTH, FOR ANIMAL SERVICES. Voting in favor: Shirley Anderson, Brian Stumpf. Opposed: Clint Herbst, Brad Fyle, Tom Perrault. Motion failed. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY TOM PERRAULT TO INCREASE THE MONTHLY CONTRACT WITH PATTY SALZWEDEL BY 2.7% FOR ANIMAL SERVICES. Voting in favor: Clint Herbst, Tom Perrault, Brad Fyle. Opposed: Brian Stumpf, Shirley Anderson. Motion passed. 9. Consideration of three-year lease of Bohanon farm land to Ewing Farms of Big Lake. Public Works Director John Simola reported that Ewing Farms of Big Lake is currently leasing 150 acres of the Bohanon farm, which will expire on February 28, 1997. The current lease is for $140 per acre for a total of $21,000 per year. Page 6 Council Minutes - 3/25/96 After reviewing the current lease, it was recommended by the City Attorney that the City enter a new lease with Ewing Farms rather than renewing the current one. Due to the fact that Ewing Farms would not be growing potatoes and the irrigation system needed major updates and was inefficient, the new three-year lease between the City and Ewing Farms proposed a payment to the City of $140 per acre for the first year, then $100 per acre for each of the two remaining years if the irrigation system was not upgraded. If the City upgraded the irrigation system, Ewing Farms would increase the lease payment to $125 per acre. Council expressed concerns about lowering the price of the contract, as it was their understanding at the time of purchase that the rent would remain the same. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO ENTER INTO A 3 -YEAR LEASE AGREEMENT WITH EWING FARMS AS PRESENTED. TOM PERRAULT THEN AMENDED THE MOTION TO STATE THAT ANY ACREAGE PLANTED WITH POTATOES WOULD BE LEASED AT $140 PER ACRE FOR YEARS 2 AND 3 OF THE CONTRACT. Voting in favor: Brian Stumpf, Tom Perrault, Shirley Anderson, Clint Herbst. Opposed: Brad Fyle. It was Fyle's view that the City should not decrease the price of the lease. Motion passed. 10. Review of bids and consideration of award of contract for replacement of first age digester cover at wastewater treatment plant. Scott Wallace of HDR Engineering reviewed the three bids received for replacement of the first stage digester cover at the treatment plant. The low bidder was Gridor Construction at $320,800 with a deduct of $10,000 if the alternate manufacturer is chosen for the same cover. Wallace recommended that the contract be awarded to Gridor with the option of accepting the alternate supplier for a deduct of $10,000 if the alternate is found acceptable. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO AWARD THE CONTRACT FOR REPLACEMENT OF THE FIRST STAGE DIGESTER COVER TO GRIDOR CONSTRUCTION AT A COST OF $320,800, WITH THE OPTION TO ACCEPT THE ALTERNATE SUPPLIER FOR A DEDUCTION OF $10,000. Motion carried unanimously. 11. Consideration of purchasing computers and printers for public works department. Computer System Analyst Cathy Shuman reported that the public works department is in need of two personal computers and two printers as Page 7 Council Minutes - 3/25/96 provided for in the 1996 budget at a total cost of $7,453. The computers would be used by the Public Works Secretary and the Water Superintendent, who are both in need of larger computers with more speed and storage capabilities. In addition, it was noted that the updated version of the Meter Master software used by the Water Superintendent cannot be placed on his current computer because of its limited resources. Shuman went on to explain that the proposed laser printer would be shared by the Public Works Secretary and the Street Superintendent to allow for better quality and faster printing. The proposed inkjet color printer would be utilized by the Water Superintendent and the Construction Inspector for printing 11 x 17 CAD drawings in scale. Council discussed whether two printers would be necessary at the public works department or if one could be shared by all. In addition, Councilmember Herbst suggested that the Council obtain an inventory of current computer equipment prior to authorizing additional purchases. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO TABLE THE PURCHASE OF ADDITIONAL COMPUTER EQUIPMENT UNTIL THE CURRENT INVENTORY OF EQUIPMENT HAS BEEN REVIEWED BY COUNCIL. Motion carried unanimously. 12. Consideration of approving bills for the month of March. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO APPROVE THE BILLS FOR THE MONTH OF MARCH. Motion carried unanimously. 13. Other matters. A. Councilmember Herbst requested that staff investigate hiring one part-time person to clean city buildings rather than continuing with separate contracts for each building. Staff was also directed to prepare a job description and a list of current expenditures for cleaning services. There being no further business, the meeting was adjourned. Karen Doty Office Manager Page 8