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City Council Minutes 08-26-1996MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, August 26, 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 meeting held August 12, 1996, Councilmember Tom Perrault requested that his comments regarding his opposition to item #13 include that he was concerned that the water tower would be maintained beyond its useful life. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD AUGUST 12, 1996, AS CORRECTED. Motion carried unanimously. 3. Consideration of adding items to the agenda. None. 4. Citizens comments/petitions, requests; and complaints. None. 5. Consent ag nd - A. Consideration of authorizing a temporary gambling license -- St Henry's Catholic Church. Recommendation: Adopt a resolution approving the issuance of the temporary two-day gambling license. SEE RESOLUTION 96-37. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON TO APPROVE THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously. None. Page 1 Council Minutes - 8/26/96 7. Consideration of an amendment to the zoning ordinance by establishing a I A.. Q•. Steve Grittman, Consulting Planner from Northwest Associated Consultants, reported that the City previously denied a request to add automotive maintenance facilities such as an oil/lube shop to the B-2 or PZM districts, which would have allowed Investors Together to construct such a facility near the Total Mart on County Road 75. The follow-up approach proposed is establishment of a limited business district which would permit the type of commercial establishment requested by Investors Together. There was concern that a B-3 district would not be appropriate in this location since it would allow the full range of automotive related uses; and as a result, a modified B-3 district, labeled "B -3A," was created for the City's consideration. Grittman described the district as intending to allow limited commercial uses which are of a convenience nature and compatible with neighborhood residential uses, and it included the oil/lube facility requested by Investors Together. Planning Commission conducted a public hearing on the request for an ordinance amendment creating the B -3A district and voted to recommend denial based on the finding that the current district regulations for B-1, B-2, B-3, and B-4 are adequate and properly define distinct business districts; therefore, development of an additional business district was not necessary. In addition, Planning Commission tabled consideration of Investors Together's rezoning and conditional use requests which would allow an auto lube facility to operate in the new zoning district until after Council action on the B -3A zoning district amendment. Grittman went on to explain that from a land use standpoint, it is possible to distinguish auto maintenance versus auto service. Auto maintenance in the proposed ordinance is a "while you wait" type of service; however, concerns have been expressed regarding how long is too long to wait until it becomes an auto service facility rather than auto maintenance. Enforcement would be an issue, as it would be difficult for the City to determine whether the cars have been stored or serviced too long. Therefore, City staff' also recommended that Council deny creation of the B -3A district. Council discussed whether to revisit the idea of allowing the oil/lube facility in the PZM zone as a conditional use. It was noted that the proposed facility seemed to be consistent with the businesses already in the area and that most other PZM areas are intermixed with residential uses and located on residential streets, which would make an oil/lube facility incompatible in Page 2 Council Minutes - 8/26/96 those areas. However, it was also noted that it would best if areas already zoned for business were developed rather than amending the ordinance to fit one particular parcel. Dan Gassler of A Glorious Church stated his opposition to creating a B -3A district and also to allowing an oil/lube facility as a conditional use in the PZM zone. He noted that in the future, services such as checking and replacing brakes could be added once a precedence has been set allowing oil changing, tire rotation, etc. This would be difficult for the City to monitor. In addition, Gassler reported that when the Church was looking for property on which to build, the City was adamant about building in the proper zone. Since the Church was required to build in an R-1 zone, it was Gassler's view that the oil/lube facility should also be required to build in the proper zone. Residents of Mississippi Drive also noted their opposition to allowing an oil lube facility in the PZM zone. It was their view that this type of facility was not a "neighborhood" business and would draw customers from other areas of town. Mayor Fyle then read a letter/petition from four residents of Mississippi Drive opposing the proposed ordinance amendment. Dan Mielke stated his opposition to the proposed ordinance amendment. He noted that he agreed with a Council decision made last spring to deny issuance of a building permit because the house plans didn't conform with the covenants of the development. The property owner could have built a house in the development provided it was built within the covenants. It was Mielke's view that the request by Investors Together was the same situation, and they should be required to build in conformance with the zoning ordinance. Councilmember Perrault stated that he visited a rapid oil change located at Highway 694 and University and noted that it was a very clean and quiet operation. It was Perrault's view that noise would not be a factor at the proposed site. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO DENY ADOPTING THE ORDINANCE AMENDMENT CREATING A B -3A DISTRICT BASED ON THE FINDING THAT THE CURRENT ZONING DISTRICTS ADEQUATELY FURTHER THE OBJECTIVES OF THE COMPREHENSIVE PLAN, AT LEAST IN THE AREAS WHICH WOULD BE AFFECTED BY THIS AMENDMENT. Motion carried unanimously. Page 3 Council Minutes - 8/26/96 A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO AUTHORIZE RECONSIDERATION BY THE PLANNING COMMISSION OF AN ORDINANCE AMENDMENT ALLOWING A QUICK LUBE FACILITY AS A CONDITIONAL USE IN A PZM ZONE. Voting in favor: Brian Stumpf, Tom Perrault, Brad Fyle. Opposed: Shirley Anderson, Clint Herbst. Motion passed. 8. Consideration the number, of size, amendment and use to the of accessory Monticello Zoning buildings in Ordinance reiaJ1TW1rA, residential zoning Consulting Planner Steve Grittman reported that staff created a number of alternatives for Council to consider which would clarify the City's regulations for detached accessory buildings on small residential lots. Exhibit B clarified the current language as applying exclusively to detached accessory buildings and would keep the current size restrictions of 1,000 sq ft. Exhibit C restricted the amount of accessory building by relating size to the size of the rear yard and the size of the principal building; however, Grittman noted that the Building Official suggested that this alternative would be cumbersome to administer. Exhibit D restricted the amount of accessory building by relating the size to the size of the rear yard and, specifically, would permit all single and two family dwellings to have an accessory building of up to 400 sq ft. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO ADOPT AN ORDINANCE AMENDMENT WHICH STATES THAT NO DETACHED ACCESSORY BUILDING SHALL EXCEED TEN PERCENT OF THE REAR YARD OR 1,000 SQ FT IN FLOOR AREA, WHICHEVER IS LESS. Motion carried unanimously. SEE ORDINANCE AMENDMENT NO. 283. increase9. Consideration Qf granting an to the individual pen ion for Voluntee Firefighter Relief members. City Administrator Rick Wolfsteller reported that members of the volunteer fire department requested that Council consider an increase in their retirement benefit from the present $1,325 per year of service to $1,400 per year, which is payable in a lump sum after 20 years of service on the fire department. Past policy of the Council has been to only consider increasing the yearly pension amount if the Relief Association had sufficient income projected to cover the increase. In the past, the City Council has not supported any benefit level that would require a contribution from the City as a tax levy. He noted that the pension schedule report provided by the Relief Association treasurer indicated that the Association should have sufficient funds to support an increase to $1,400 per year based on Page 4 Council Minutes - 8/26/96 investment interest earnings at the rate of approximately 9% for the year 1996, which is based on a 5 -year average of their investment return. Wolfsteller reminded Council that state aid and investment earnings are not guaranteed, and the only way to be entirely sure of no municipal support is to allow the Association to increase benefits only when their assets exceed their liabilities. At this time, the Association's assets are approximately $369,500, and liabilities would be $393,600 if the $1,400 annual amount was approved. Councilmember Herbst suggested that since the assets are so close to the liabilities, a smaller increase such as $50 to $1,375 per year of service should be granted to see how close the assets and liabilities would be next year. Mark Wallen, Fire Chief and Secretary of the Relief Association, noted that according to the bylaws, anyone with less than 10 years is not vested, and only vested members are entitled to pension funds except in the case of death. It was Wallen's view that non -vested members shouldn't be factored into the liability since they could not collect any funds. Mayor Fyle noted that he would abstain from voting since he is a member of the fire department. Councilmember Stumpf stated that since he is not a vested member at this time, he will vote on this item. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO GRANT AN INCREASE IN THE INDIVIDUAL PENSION FUND TO $1,400 PER YEAR. Voting in favor: Shirley Anderson, Brian Stumpf. Opposed: Clint Herbst and Tom Perrault. Abstaining: Brad Fyle. Motion failed. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY TOM PERRAULT TO GRANT AN INCREASE IN THE INDIVIDUAL PENSION FUND TO $1,375 PER YEAR. Voting in favor: Clint Herbst, Tom Perrault, Shirley Anderson, Brian Stumpf. Abstaining: Brad Fyle. Motion passed. 10. Consideration of requests to amend the Urban Service Area boundaries, Applicants, Art Anderson and Orrin Thompson Homes, Assistant Administrator O'Neill reported that the City recently received information from realtors representing Art Anderson that he is interested in selling his property for development purposes. The Anderson property consists of 40 acres and is located in the township directly across from the Oak Ridge subdivision. A petition for annexation of property by Orrin Thompson Homes has also been made; however, action on this project was tabled some time ago pending completion of the wastewater treatment plant. The Orrin Thompson Page 5 Council Minutes - 8/26/96 property consists of 80 acres, with 40 acres located within the Orderly Annexation Area (OAA) and 40 acres outside of the OAA. The OAA was established in the early 1970's to provide for joint planning of areas expected to become part of the city. O'Neill noted that the presence of the OAA boundaries does not necessarily limit annexation. The Anderson and Orrin Thompson properties are not included in the "Urban Service Area," which was established in 1990 between the City and the Township. The purpose of this area is to identify properties most logical for immediate annexation, which avoids leapfrog development. Generally, properties that are contiguous to the city and have direct access to utilities are placed in the Urban Service Area. When the original Urban Service Area was established, the Anderson and Orrin Thompson properties were separated from city services by land now occupied by the Oak Ridge development. Now that the Oak Ridge development is complete, both properties have direct access to city utilities and now meet many of the criteria used to establish which properties should belong in the Urban Service Area. Therefore, it was requested by the property owners that Council consider including these properties in the Urban Service Area. O'Neill went on to explain that according to a recent study funded by Orrin Thompson Homes and Tony Emmerich, the sanitary sewer capacity available to serve the general vicinity is limited. Emmerich's property consists of 40 acres and is inside of the Urban Service Area. Due to service limitations, it is not likely that three properties would be able to develop without extension of a trunk line. O'Neill noted that both the trunk sanitary sewer plan and the comprehensive plan point general residential development toward the south and southwest sides of the city where development can occur on a more compact, efficient basis and where the cost to install trunk sanitary sewer systems is less. Council discussed the time line of the wastewater treatment plant expansion with regard to annexation of property. Mayor Fyle noted that he would not be comfortable changing the OAA or Urban Service Area boundaries until the treatment plant project is further along. Bruce Pankonin of Orrin Thompson Homes stated that they began working with the City in 1994 and submitted a petition for annexation in 1995. In the interim, they helped fund the trunk sanitary sewer study, and they do understand the capacity limitations with the treatment plant. Pankonin agreed that the City should table discussion on changing boundaries of the Urban Service Area and OAA until after the treatment plant expansion project is bid. He noted that the sanitary sewer serving his site can drain into the existing trunk system, which has adequate capacity, and they would Page 6 Council Minutes - 8/26/96 like to use that capacity when the City is ready to accept development. In addition, Pankonin stated they would be willing to pay trunk fees today to help finance future trunk lines. Tony Emmerich also stated that he is not in a rush to develop his property but did also help pay for the trunk sanitary sewer study. AFTER FURTHER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRAD FYLE TO TABLE CONSIDERATION OF AMENDING THE URBAN SERVICE AREA BOUNDARIES UNTIL BIDS HAVE BEEN APPROVED FOR EXPANSION OF THE WASTEWATER TREATMENT PLANT. Voting in favor: Clint Herbst, Brad Fyle, Shirley Anderson, Tom Perrault. Opposed: Brian Stumpf. It was Stumpf s view that if the developers were willing to take the risk, the process of preparing for annexation could take place but development would wait until the new treatment plant was on line. Motion passed. Consideration of ren embership in )Mright County EcM1 DevelQpme,ntPartnership. Darrin Lahr and Arnie Hendrickson, Board members of the Wright County Economic Development Partnership, requested support from the Council in the form of dues amounting to $1,504.50 for 1997. It was noted by the City Administrator that for 1996, the City paid $1,004.50, and an additional $500 was contributed by the Monticello Industrial Development Committee, making the total City contribution $1,504.50. However, the IDC recently became a part of the Chamber of Commerce and turned control of their finances over to the Chamber. Council discussed what advantages joining the Partnership would have for the City and whether or not there would be a duplication efforts since Monticello has its own Economic Development Director. It was noted that the basic reason for joining the Partnership originally was that what was good for the county would ultimately be good for the city in encouraging tax base increases throughout the county. Darrin Lahr noted that in the past Wright County had not contributed any funds toward the Partnership but recently agreed to contribute $30,000 for 1997. He also noted that a five-year plan has been prepared, which included hiring a full-time executive director. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO APPROVE MEMBERSHIP TO THE WRIGHT COUNTY ECONOMIC DEVELOPMENT PARTNERSHIP CONTINGENT UPON THE CITY'S CONTRIBUTION BEING $1,004.50 AS INVOICED, WITH THE PARTNERSHIP APPROACHING THE CHAMBER OF COMMERCE FOR THE $500 CONTRIBUTED PREVIOUSLY BY THE IDC. Motion carried unanimously. Page 7 Council Minutes - 8/26/96 12. Consideration of inc . - the 1997 police contract hours with Wri City Administrator Rick Wolfsteller reported that at a recent Police Advisory Commission meeting, commission members discussed with Wright County Chief Deputy Don Lindell the current 24 -hour -a -day coverage in regard to providing adequate protection. Lindell noted that the increase in coverage to 24 hours a day began in 1993 and that the City should consider increasing the hours of coverage by an additional 200-400 hours per year that could be used at the Sheriff's Department's discretion. Statistical information provided to the commission indicated that calls for service have increased approximately 15%, which corresponds to the increase in population of about 14% in the last three years. Wolfsteller explained that at the proposed 1997 contract rate of $34.50 per hour, an additional 200 hours of coverage would amount to $6,900, or about a 2% increase. An additional 400 hours of coverage would amount to a $13,800 increase in the contract. Councilmember Herbst requested that additional information from the Sheriffs Department be provided regarding where or when the hours would be used or needed. Councilmember Stumpf, who is also a member of the Police Commission, stated that he had suggested to the commission that if the hours of coverage were to be increased, they should be increased by 200 hours to start. Additional hours could be added later if needed. The City Administrator noted that Council could authorize including 200 hours in the 1997 budget, with additional information to be obtained from the Sheriffs Department prior to increasing the actual police contract. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY TOM PERRAULT TO ADD 200 HOURS OF POLICE COVERAGE TO THE 1997 BUDGET BUT OBTAIN ADDITIONAL INFORMATION FROM THE WRIGHT COUNTY SHERIFF'S DEPARTMENT REGARDING THE USE OF THOSE HOURS PRIOR TO INCREASING THE POLICE CONTRACT. Motion carried unanimously. 13. Review of SBR manufacturerd_ and consideration Public Works Director John Simola reported that as part of the design process for the wastewater treatment plant expansion, the City hired Ewing Engineering to evaluate the equipment of prequalified SBR manufacturers under field conditions at Sunny Fresh Foods. The equipment of Austgen- Biojet, using the fine bubble diffuser aeration system, and JetTech/U.S. Page 8 Council Minutes - 8/26/96 Filter, using the jet aeration system, was tested. Ewing Engineering then rated the efficiency of both firms' aeration equipment under conditions at Sunny Fresh Foods and conditions expected at the treatment plant. Both firms were then invited to revise their preliminary budget numbers in the form of an actual bid for the SBR portion of the wastewater treatment plant project, with bids due on August 21 at 2 p.m. A single bid was received, which was from Austgen-Biojet. JetTech chose not to bid, as the test values from Sunny Fresh Foods indicated that reduced efficiency would have made it economically unfeasible to use the JetTech system. AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY CLINT HERBST TO AWARD THE BID FOR SHOP DRAWINGS TO AUSTGEN-BIOJET AT A COST OF $55,000 (WITHOUT BLOWERS), AND APPROVE THEIR FABRICATION/DELIVERY/AND SBR STARTUP COST OF $623,081 (WITHOUT BLOWERS) AND THE 2 -YEAR EXTENDED WARRANTY BOND COST OF $2,250. Motion carried unanimously. wastewater14. Consideration Qf approval of plans and specifications and cost estimate o - plant,- • _ an. Public Works Director John Simola reported that the plans and specifications for the wastewater treatment plant expansion were in final draft form, which included the Minnesota Pollution Control Agency's latest comments. When last reviewed by the Council in the fall of 1995, the expected construction cost for the 3 -tank SBR, including engineering, was estimated at $9,770,000. In his report to Council, Simola noted that the exceptional quality Class A sludge process was higher than originally estimated and had used some of the contingency funds. In addition, there was a $55,000 increase in engineering costs to back up and revise the plans for the Kruse property, as well as for fast tracking the first stage digester cover. Also, the standby generator proposed for the SBR system as an "adder" had become a necessity and should be incorporated into the project. Bob Peplin of HDR reviewed the current construction estimate of August 22, 1996, totaling $11,942,051. The largest increases in the estimate were for the headworks building, which increased from $745,000 to $1,985,490, and the administration building, which increased from $300,000 to $516,510. Councilmembers expressed their disappointment and frustration with the continuing increase in the construction cost estimates of the plant. They pointed out that the current cost estimate for the project was now double what HDR's original bid was at the time the project was awarded. Page 9 Council Minutes - 8/26/96 Peplin stated that the treatment plant is very complicated, and after reviewing each room and over 300 plan sheets, additional costs were discovered that weren't known at bid time. The Public Works Director requested that Council table action on this item pending further discussions between staff' and the engineer. A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO TABLE DISCUSSION OF APPROVING PLANS AND SPECIFICATIONS AND COST ESTIMATE OF THE TREATMENT PLANT EXPANSION UNTIL THE REGULAR COUNCIL MEETING OF SEPTEMBER 23 AND DIRECT HDR TO MEET WITH CITY STAFF TO TRY AND REDUCE THE COST ESTIMATE OF THE PROJECT. Voting in favor: Shirley Anderson, Brian Stumpf, Tom Perrault, Clint Herbst. Opposed: Brad Fyle. Motion passed. 15. Consideration of next contract ph,aae with HDR to advertise for bid I bids, and make reco m-mendations for award of contract for wastewate treatment plantexpansion, 1 The Public Works Director suggested that Council also table this item until the regular Council meeting of September 23. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO TABLE DISCUSSION OF THE NEXT CONTRACT PHASE WITH HDR UNTIL THE REGULAR MEETING OF THE COUNCIL SCHEDULED FOR SEPTEMBER 23, 1996. Motion carried unanimously. station16. Consideration of feasibility.atudy, and cost estimate to add aeptage re-c�nj i the expand !wastewaterr Public Works Director John Simola reported that recent and pending state and federal regulations regarding septage disposal are putting pressure on rural areas to find alternate methods of treatment for septage. In response to this pressure, Monticello Township requested that the City consider adding a septage receiving station at the expanded wastewater treatment plant. Simola noted that in order to consider adding this station to the plant, the City would need to know what equipment would be needed, the effects it would have on the treatment plant operation and capacity, the cost of installation and expected fees that would be charged, and if there are enough users to support the cost of such a system. Simola noted that HDR estimated the cost of studying this issue at $5,490. Page 10 Council Minutes - 8/26/96 A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO AUTHORIZE HDR TO PERFORM A FEASIBILITY STUDY AND COST ESTIMATE TO ADD A SEPTAGE RECEIVING STATION TO THE EXPANDED WASTEWATER TREATMENT PLANT AT A COST OF $5,490 ONLY IF THE TOWNSHIP PAID FOR THE STUDY AND INSTALLATION OF THE STATION. Voting in favor: Brian Stumpf, Clint Herbst, Shirley Anderson, Tom Perrault. Abstaining: Brad Fyle. Motion passed. 17. Consideration of adopting a resolution approving Monticello Heartlan Express 1997 Budget and Transit Assi tance-Appliratio - Assistant Administrator O'Neill reported that the proposed 1997 Management Plan for the Monticello Heartland Express did not include any significant changes for 1997. The Heartland Express budget included the single service contract bid the City received on August 22 from Hoglund Coach Lines, which proposed an hourly rate for 1997 of $26.45 and $27.17 for 1998. These hourly rates amount to a 2.53% increase for 1997 and 2.72% for 1998. O'Neill stated that the total cost to operate the Heartland Express in 1997 was projected at $70,235. Of this amount, $12,000 would be paid by fare revenue, $16,094 would be paid by the City, and the balance ($42,141) would be paid by state and federal sources. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY SHIRLEY ANDERSON TO ADOPT A RESOLUTION APPROVING THE 1997 MANAGEMENT PLAN AND TRANSIT ASSISTANCE APPLICATION FOR THE MONTICELLO HEARTLAND EXPRESS. Motion carried unanimously. SEE RESOLUTION 96-38. AFTER DISCUSSION, A MOTION WAS MADE BY TOM PERRAULT AND SECONDED BY SHIRLEY ANDERSON TO APPROVE THE BILLS FOR THE MONTH OF AUGUST AS PRESENTED. Motion carried unanimously. There being no further discussion, the meeting was adjourned. "an Doty Office Manager Page 11