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City Council Minutes 11-12-1996MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Tuesday, November 12, 1996 - 7 p.m. Members Present: Brad Fyle, Shirley Anderson, Clint Herbst, Brian Stumpf, Tom Perrault Members Absent: None 11111411p�ij 11 111111111 AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD OCTOBER 28, 1996. Motion carried unanimously. 3. Approval of minutes of the special meeting held November 6, 1996. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD NOVEMBER 6, 1996, AS SUBMITTED. Voting in favor: Brian Stumpf, Shirley Anderson, Brad Fyle. Abstaining: Clint Herbst, Tom Perrault. Motion passed. / 1 ... • 1 - POW -MR A. Review pending development proposal in Sherburne County. None. A. Consideration of advertisinLy for Droposals for landfill services. Recommendation: Approve the interim disposal contract with Superior Services, Inc., from February 15, 1997, to March 31, 1997, at $38.66 per ton and authorize staff to advertise and solicit proposals for garbage disposal services. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY TOM PERRAULT TO APPROVE THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously. None. J�girjvmr= i •� i_ i • 1. 1 l_. 1 Page 1 Council Minutes - 11/12/96 � Pill =11RUNTIM I W. ill M-40% Will Mayor Fyle opened the public hearing. 011ie Koropchak, Economic Development Director, reported that TIF District No. 1-21 is an 11 -year economic district. The district is being established to assist developer T.J. Martin Inc. T.J. Martin is a Minnesota corporation with equal partnership between Eric, Carl, and Dennis Bondhus. Koropchak noted that five new jobs will be created at a minimum annual wage of $40,000 per job. The proposed 9,000 sq ft metal manufacturing/office facility and parcel has an estimated minimum value of $270,000 and an estimated captured capacity value of $10,190. The first year of collection of tax increment is 1999. The TIF plan budget or HRA indebtedness is $110,000. The actual benefit to the developer is in the amount of $37,900. There being no comment from the public, Mayor Fyle closed the public hearing. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM PERRAULT TO SUPPORT CREATION OF THE TIF DISTRICT AS PROPOSED. Motion carried unanimously. SEE RESOLUTION 96-45. 9. Consideration of a requut fQr an amendment to a conditional use permit which would allow expansion and conversionof one manualtr wash stall to an automated • _nt, Investors Togethe Assistant Administrator O'Neill reported that Investors Together requested approval on an amendment to their conditional use permit which would allow conversion of one manual car wash stall to an automated stall. The site currently operates under a conditional use permit granted in April 1990. The proposed expansion calls for replacing the manual car wash bay that is located west of the small utility room. The actual physical modification to the building will be nominal. The manual bay will need to be extended about 10 ft to match the length of the existing automated bay. The change to the site will not be so much physical enlargement but more in the volume of vehicles that can be washed. O'Neill went on to report that the applicant has complied with the terms of the existing conditional use permit and that the Planning Commission has recommended approval based on their finding that the expansion of the car wash as proposed operating under the current conditions will not become a detriment to the neighborhood and, therefore, approval would be consistent with the comprehensive plan. Page 2 Council Minutes - 11/12/96 AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN STUMPF TO GRANT APPROVAL OF AN AMENDMENT TO THE CONDITIONAL USE PERMIT WHICH WOULD ALLOW EXPANSION AND CONVERSION OF ONE MANUAL CAR WASH STALL TO AN AUTOMATED STALL FOLLOWING THE EXISTING CONDITIONS AS RECOMMENDED BY THE PLANNING COMMISSION AND BASED ON THE FINDING PROVIDED BY THE PLANNING COMMISSION. CLOSURE OF THE CURB CUT ACCESS BETWEEN RIVERROAD PLAZA AND THE CAR WASH MAY BE COMPLETED AT THE PROPERTY OWNER'S DISCRETION. Motion carried unanimously. 10. Consider : problem - former Johnsm Department Store warehouse. City Administrator Rick Wolfsteller reported that during a survey of the parcel for sale transaction, a discrepancy was noted by Taylor Land Surveyors that showed the building to be encroaching approximately 3.3 ft onto City property (parking lot). Apparently when the initial description for the property was established years ago, an error was made on the legal description and did not properly locate the building in relation to the legal description. Steve Johnson is requesting that the City simply provide a quit claim deed granting him ownership of the property under the building in accordance with the new legal description by Taylor Land Surveyors. Wolfsteller noted that the area encumbered by the building that the City owns is approximately 250 sq ft. Steve Johnson noted that the legal description simply reflects a reality. Nobody has gained any property or lost property with the proposed execution of the quit claim deed. Jim Fleming noted that the City would be named in a quiet title procedure and that the City would be required to spend legal fees defending its interest in the property, or it could choose to release it to Johnson through the quit claim deed execution. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY TOM PERRAULT TO REQUEST PAYMENT OF $2 PER SQUARE FOOT FOR THE 250 SQ FT STRIP OF LAND. Voting in favor: Clint Herbst, Tom Perrault, Brad Fyle, Brian Stumpf. Opposed: Shirley Anderson. Motion passed. 11. Consideratim Qf purchase of storm water ponding easements for th pond in Meadow Oak (part Qf Prqject 93-12C). Public Works Director John Simola reported that as part of the 93-12C improvement project, the City was to fill a portion of the lots on the west side of the Meadow Oak pond or purchase additional ponding easements. Simola noted that in some areas, the normal water level of the pond extends as much Page 3 Council Minutes - 11/12/96 as 18 ft past the current ponding easements. In a few areas, the proposed 100 -year storm water elevations would extend in excess of 40 ft beyond the existing easement. Brad Fyle indicated that he was against the concept of paying for additional pond easements. He noted that the City spent a considerable amount of money on building the storm water outlet. Property owners living adjacent to pond areas should be willing to live with the period changes in water elevations. City Engineer Bret Weiss noted that the installation of the Meadow Oak storm water outlet was to allow continuation of development of the area. It provided a positive outlet, but it was not designed to establish a water elevation that would be maintained within the existing easement boundaries. Weiss noted that the existing easement boundaries were simply drawn wrong originally and, therefore, changes need to be made to the easement lines in order to have the easements reflect the reality of where the pond is located. Weiss went on to note that due to the fact that our pond is located on private property, it could be considered a taking, and the City would likely be required to purchase the area being used for ponding. Charlie Walters indicated that when purchasing his property, he reviewed the property and storm water easement lines and purchased it with the expectation that the City storm water pond would not encroach onto the property beyond the extent of the easement granted to the City for ponding. He now finds that the pond is regularly well beyond the easement lines noted on his survey. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY TOM PERRAULT TO SELECT ALTERNATIVE #5, WHICH IS TO TAKE NO ACTION ON THE MATTER. Voting in favor: Clint Herbst, Tom Perrault, Shirley Anderson, Brad Fyle. Opposed: Brian Stumpf. Motion passed. lr wild 10irm9rim"ITH "we "14 -kill Economic Development Director 011ie Koropchak reported that the Council is requested by Steve Birkeland to consider ratifying the EDA's approval to amend the terms of the mortgage and assignment of rent for GMEF Loan No. 006. Loan No. 006 was approved for Steve Birkeland on March 30, 1993, and is a $42,500 real estate loan with a 4.5% interest rate. Loan No. 006 had a second position behind the bank loan. The EDA balloon payment is due May 1, 1998. Payback is current, and the remaining principal balance of the original $42,500 loan as of November 7, 1996, is $37,547. Page 4 Council Minutes - 11/12/96 Koropchak reported that the EDA recognized that the option that Birkeland would have had to remortgage or refinance the project is more costly. Additionally, they noted the payback of the EDA loan was current. The 3.8% coverage is actually greater, as the remaining balance of the EDA loan is less than $40,000, and the equity in the project is greater in 1996 than in 1993. For these reasons, the EDA approved a motion amending the terms of the mortgage and assignment of rent and authorized EDA attorney Steve Bubul to prepare a subordination agreement placing GMEF Loan No. 006 in third position behind the bank's first and second mortgage. Legal fees for preparation and filing of the document are the responsibility of Steve Birkeland, the borrower. Assistant Administrator O'Neill reported that a few of the conditions of the conditional use permit are unmet or in the process of being completed. He noted that an effort has been made to meet the spirit of the conditional use permit allowing outside storage. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO RATIFY THE EDA'S APPROVAL TO AMEND THE TERMS OF THE MORTGAGE AND ASSIGNMENT OF RENT FOR GMEF LOAN NO. 006 AUTHORIZING THE PREPARATION OF A SUBORDINATION AGREEMENT PLACING GMEF LOAN NO. 006 IN THIRD POSITION BEHIND THE BANK'S FIRST AND SECOND LOAN. Motion carried unanimously. iiq 11i owl in, .606137! City Administrator Rick Wolfsteller reported that specifications were prepared for cleaning services to be performed at city hall, the deputy registrar office, and two public works building locations. An advertisement for bids was published in the local newspaper, and a copy of the specifications was mailed to a few cleaning services that were thought to be interested in bidding. Wolfsteller noted that of the two bids received, it appeared that Preusse Cleaning Service would result in the lowest monthly cost based on the bid proposals. The specifications called for daily cleaning at city hall, weekly cleaning at the two public works office and conference buildings, and once -a -week cleaning at the deputy registrar office. Brian Stumpf supported the idea of awarding the contract to the lowest bidder. He noted that the price is reasonable, and the contract could be terminated if the work was not done properly. Page 5 Council Minutes - 11/12/96 Bruce Thielen noted that the County currently employs Green View workers for some of their park cleaning. These are retired individuals that have been very reliable and do good work at a very inexpensive rate. Clint Herbst noted that one of the problems with Green View is that the City would have to provide supplies. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY ANDERSON TO ACCEPT THE PROPOSAL FROM THE LOW BIDDER, PREUSSE CLEANING SERVICE, IN THE AMOUNT OF $730 PER MONTH FOR DAILY CLEANING AT CITY HALL, WEEKLY CLEANING AT THE PUBLIC WORKS OFFICES, AND TWICE -A -WEEK CLEANING AT THE DEPUTY REGISTRAR. Motion carried unanimously. Mr IT, ff,110MINIRI" MW Public Works Director John Simola reported that in accordance with previous Council action, City staff requested bids for a new and used Trackless MT. Simola noted that the low bid came from MacQueen Equipment of St. Paul at a base price of $55,331, which is approximately $10,000 less than expected. Simola went on to identify alternative methods for removing snow from the pathways, which included utilizing existing City equipment or attachment of a snow plow on a 1 -ton or 4 -wheel drive pickup. Another alternative would be to contract out the snow removal responsibilities. A fourth alternative would be to not clear the pathways. It was also noted that money is available in the budget for the purchase via the $22,000 annual contribution to the pathway maintenance fund. Both the Parks Commission and Monticello Community Partners requested that the pathways be maintained throughout the winter. The Trackless MT vehicle has a 10-15 year life expectancy; therefore, the cost of the equipment can be amortized over a period of years. There are also summer uses for the Trackless MT such as using it for cold planer purposes. Keeping the pathway free of snow will discourage use of the pathway by snowmobiles and, thus, extend the life of the pathway. Brian Stumpf indicated that he was not convinced that citizens would actually use the pathway during winter months; therefore, he did not support expenditure of funds necessary to keep the pathway open. Clint Herbst indicated that perhaps we should at least try to keep the pathway open for one year and evaluate whether or not the pathway is being used and, perhaps, purchase a piece of equipment specifically for the purpose of removing snow at some point in the future. Page 6 Council Minutes - 11/12/96 AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRAD FYLE TO NOT CLEAR THE PATHWAYS. Voting in favor: Brian Stumpf, Brad Fyle, Tom Perrault. Opposed: Shirley Anderson, Clint Herbst. Motion passed. 15. Other matters. A. Assistant Administrator O'Neill informed the City Council that the Bridge View plat application will be reviewed by the Sherburne County Planning Commission on November 21, 1996. The plat includes development of 80 lots on approximately 200 acres of land directly across the river from Monticello. O'Neill informed Council that the Planning Commission recommended that the City actively monitor and review the project as a township development and be open to investigating the possibility of annexation at the request of the developer. The Planning Commission felt that the City has a vested interest in the development of property on its perimeter due to the fact that there are numerous municipal impacts created by development on the city's fringe. Such impacts include public library maintenance and operation, public street use and maintenance, park facilities use and maintenance, pathway development use, recreation program development, economic development activities, fire protection, police service, senior citizen facilities and programs, and public transportation use and funding. After discussion, it was the consensus of Council to submit a letter to Sherburne County identifying concerns. O'Neill noted that he would submit the letter to Council members for feedback prior to distribution to the Sherburne County Planning Commission. There being no further discussion, the meeting was adjourned. Jeff ill Assistant Administrator Page 7