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City Council Minutes 01-25-1993MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, January 25, 1993 - 7 p.m. Members Present: Shirley Anderson, Clint Herbst, Brad Fyle, Patty Olsen, Ken Maus Members Absent: None 2. Consideration of approval of minutes of the regular meeting held January 11, 1993. Assistant Administrator O'Neill noted that the first sentence on the third paragraph of page 3 should be corrected to read as follows: "After discussion, a motion was made by Patty Olsen and seconded by Brad Fyle to approve the proposed rezoning of the area indicated in phase III of Cardinal Hills from AO zoning district to R-1 zoning district and table consideration of rezoning the balance of the Cardinal Hills development area and authorize City staff to conduct additional research on implications of rezoning the balance of the property encompassing the entire Cardinal Hills subdivision area." Brad Fyle requested that the record of each vote indicate instances when a Councilmember does not vote due to being absent from the meeting. O'Neill noted that the list of annual appointments should identify Brad Fyle as Council liaison to the Parks Commission as the commission prepares the comprehensive plan for park and trail development. After discussion, a motion was made by Brad Fyle and seconded by Clint Herbst to approve the meeting minutes as corrected. Motion carried unanimously. 4. Consideration of rezoning the balance of Cardinal Hills property from AO (agriculture -open space) to R-1 (single family residential). Applicant, Value Plus Homes. Assistant Administrator O'Neill reported that at the previous meeting, Council approved the rezoning of phase III of Cardinal Hills (21 acres) but tabled rezoning of the balance of the property (approximately 54 acres) pending input from the City Attorney on development of a resolution supporting denial of the rezoning request. O'Neill noted that two resolutions have been prepared, one in support and one rejecting the request. Page 1 Council Minutes - 1/25/93 Clint Herbst stated that after looking at the request in detail, he supports the rezoning. It was his view that it has been the intent of the City to zone this area for residential uses as identified in the comprehensive plan, and it makes sense to do so at this time. Brad Fyle noted that he was not convinced that it is appropriate to rezone the site at this time. He stated that full residential development might be years away, and he, therefore, has no problem with leaving the zoning the way it is. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to adopt the resolution approving the rezoning request. The motion is based on the finding that the request is consistent with the comprehensive plan, and the area is ripe for development in a manner consistent with R-1 uses. Voting in favor: Clint Herbst, Shirley Anderson, Patty Olsen, Ken Maus. Opposed: Brad Fyle. Motion carries. SEE RESOLUTION 93-1 AND ORDINANCE AMENDMENT NO. 236. 8. Report on 1992 Senior Citizen Center activities. Pam Loidolt, Senior Center Director, provided a report on 1992 activities at the Monticello Senior Center. Loidolt noted that activities offered include free legal aid, free tax assistance, free blood pressure checks, trips, cards, walking group, pool tournaments, ceramics, birthday/anniversary dinners, hobby day, free financial seminar, dances, senior spelling bee, 55 Alive Defense Driving, volunteer appreciation, Hawaiian party, older American month events, exercise class, line dancing, dinner club, movie matinee, pie and ice cream social, living will seminar, grandparent/child day events, nursing home card club, bingo, puzzles, 25th Anniversary celebration, memory loss and stress management seminars, craft classes, flu shots, and other special events. City Council thanked Ms. Loidolt for her report. No action was taken. 7. Consideration of granting a non -intoxicating malt liquor license - Little Mountain Billiards. In his written report to Council, Rick Wolfsteller reported that Little Mountain Billiards, operated by Bruce and Julie Langford, has applied for a 3.2 (non - intoxicating) on -sale license. Wolfsteller noted that state law does not have a provision allowing such a license to be granted to a billiard hall. A 3.2 beer license can only be granted to bona fide clubs, beer stores (taverns), restaurants, and hotels where food is prepared and served for consumption on the premises. Wolfsteller noted that the billiard hall does not appear to meet the definition of a restaurant, as there is no kitchen and only a very small eating area. Page 2 Council Minutes - 1/25/93 Under state statutes, the City would have to issue a license under the classification of this business qualifying as a restaurant or beer tavern, not as a billiard room. City Attorney, Paul Weingarden, noted the problem of classifying the billiard hall as a restaurant. Doing so would set a precedent which would allow other businesses such as convenience stores that have small dining areas to qualify for a 3.2 beer license. Bruce Langford noted that a number of other communities that he is aware of allow billiard halls to have a 3.2 beer license. After discussion, a motion was made by Shirley Anderson and seconded by Brad Fyle to table further consideration of this matter until a specific definition of a restaurant can be prepared which could be used to determine whether or not a business serving food would qualify for a beer license. Voting in favor: Patty Olsen, Ken Maus, Shirley Anderson, Brad Fyle. Opposed: Clint Herbst. 9. Consideration of storm water study for the Meadow Oak pond outlet. John Simola reported that OSM has completed the storm water study for an outlet to the Meadow Oak pond. The study looked at four separate alternatives, all of which include an open ditch across the Gene Bauer property. The storm sewer piping would start at a 90 degree corner on Gillard at the southeast corner of the Sandberg East plat. Simola went on to review the three alternatives outlined in the report along with a fourth alternative prepared subsequent to the completion of the report. Alternative "A" runs the storm water pipe down the center of Gillard Street up to the East View plat and requires street replacement. The storm water pipe turns west and runs along the southern boundary of the East View plat then north to the river. The cost of this alternative is approximately $328,000. The higher cost is mainly due to road replacement cost of approximately $38,000. If this project were timed to coincide with the need for street replacement, it could be a viable alternative. Alternative "B" places storm sewer pipe through the Norell property at an estimated cost of $254,000. This is a viable alternative but is dependent on Mr. Norell's development plans for the property. The City would need to know the proposed location of the streets within the development so that the storm sewer could be located properly. If Mr. Norell is not ready to develop at the time the storm sewer went in, the City would possibly be negotiating a long- term deferral of assessments against his property. Page 3 Council Minutes - 1/25/93 Alternative "C" includes running the storm sewer along the east ditch of Gillard fully in township property all the way to the River. This would require replacement of a portion of Gillard where the deepest storm sewer is located, and the replacement of some driveways. The estimated cost of this alternative is $238,000. Alternative "D" is a modification of alternative "A". Under Alternative "D" the storm water pipe would continue directly down Gillard to the Mississippi River. The estimated cost of Alternative "D" is $290,000. After discussion, a motion was made by Shirley Anderson and seconded by Brad Fyle to accept the storm water study and authorize the City Engineer to perform additional work to determine the proposed assessment for the benefiting properties for Alternatives B and D. Motion carried unanimously. 5. Consideration of new offer from George Phillips and Land Proiects Partnership regarding the sale of 7th Street remnant parcel. Council was asked to consider a new offer to purchase the 7th Street remnant parcel submitted by Land Projects Partnership. The Partnership has increased their offer from $8,000 to $13,500 in response to the City's proposal to sell the property for $17,000. O'Neill noted that subsequent to the new offer made by the Land Projects Partnership, representives of Monticello Insurance Agency indicated that they were interested in paying the City its asking price ($17,000) for the property. Bruce Gagnelius, representing Monticello Insurance Agency, voiced his interest in the property but noted his concern that the property may not be developable as he had originally thought. Due to its small size, he may need to purchase a portion of the Land Projects Partnership property to the north. In addition, he has received quotes on the cost to bring fill onto the site and has found that the quotes are higher than expected. It was his concern that the deductions that the City has made on the appraised value for soil corrections do not accurately reflect the actual cost to correct the soils. Ken Maus noted that the City's asking price is based on the appraised value minus the cost to make the property developable. If it is found that the cost to correct the soils is higher than expected, then the price should be adjusted accordingly. After discussion, a motion was made by Clint Herbst and seconded by Shirley Anderson to offer the property for sale to the Land Projects Partnership in the amount of $17,000; however, the price can be reduced if it is determined that the added cost to make the property developable exceeds original City Page 4 Council Minutes - 1/25/93 estimates. The potential buyers are responsible for demonstrating that the actual cost to correct the site exceeds original City estimates. Motion carried unanimously. 6. Review Hockey Association plans/alternatives for development of indoor ice arena. Jerry Nelson and Mark Fluharty of the Monticello Hockey Association were in attendance to request that the City of Monticello participate in the planning process associated with development of a multi-purpose arena. In his presentation, Nelson noted that it is the goal of the Hockey Association to develop an indoor ice facility prior to the next season. At this point in time, the design of the facility remains open pending the level of support from the overall community. If significant support is forthcoming from the City and School District, then perhaps a larger multi-purpose facility can be developed. If the Hockey Association develops the facility on its own, then the facility will likely be limited to a single purpose facility such as a protective bubble over natural ice. Nelson noted the benefits of combining resources. Development of a multi- purpose facility would provide the City and School District with a functional building for varied types of uses during the spring, summer, and fall months, and would provide the Hockey Association with ice time during the winter. Nelson noted that the purpose of the committee would be to develop potential alternatives for financing and managing a facility developed and funded jointly. He noted that the Hockey Association is eager to provide as much as $400,000 of direct cash subsidy and an estimated $200,000 in sweat equity. He estimated that in order to develop a full multi-purpose facility, another $400,000 would need to be provided by the City, with the School District providing land. Clint Herbst noted his concern that the recent survey did not indicate support for an ice arena. Assistant Administrator O'Neill confirmed Herbst's observation that the survey indicated that it would be highly unlikely that the citizens would approve development of a facility as described in the survey. O'Neill went on to note, however, that the plan proposed by the Hockey Association will have a smaller tax impact on the individual property owner than the plan outlined in the survey. The survey also showed that 56% of Monticello residents would be willing to pay at least $10 per household for an ice arena. The plan as proposed, assuming that Hockey Association participation is assured at a level of $600,000, would result in an approximately tax impact of $7 per household for a $70,000 home. Page 5 10. Council Minutes - 1/25/93 O'Neill went on to report that Scott Laugen, President of Marquette Bank Monticello, asked him to inform the City Council that a financially successful operation of an ice arena in Monticello looks good given the market and cost to operate an ice arena. O'Neill reported that Marquette Bank Monticello would be interested in participating in the project. Ken Maus noted his concern regarding the cost of the project and its long-term viability. He noted the importance of finding out exactly what level of support there is for this facility in terms of the need for the ice time. He also mentioned his concern over a long-term commitment to the hockey program by the School District. At the same time, the City would be remiss in not moving forward by participating with the School District and Hockey Association in the planning process to determine what possible alternatives there might be for development of a multi-purpose facility. Patty Olsen indicated that she would be willing to serve on the committee. Ken Maus suggested that the Chairperson of the Parks Commission serve on the committee as well. Dick Frie noted that the Hockey Association's ideas were presented to the Parks Commission at a previous meeting. The Parks Commission has not made a formal recommendation on the project. Consideration of a policy declaring all City -owned buildings and vehicles smoke free. John Simola requested that the City Council consider adopting a policy which declares all City -owned buildings and vehicles smoke free. Simola noted that cities are starting to realize the effect of second-hand smoke on their workers. The City of St. Paul passed a resolution making the City of St. Paul public buildings smoke free. Other cities have enacted similar policies. Simola went on to recommend that the City pass the resolution prohibiting smoking in City -owned buildings and vehicles. Brad Fyle noted that the policy requires that buildings owned by the City and leased for rental use must be smoke free. He wondered if the City could actually require that public buildings used for private residences could be designated as smoke free. City Attorney, Paul Weingarden, indicated that this aspect of the policy should be changed. It was his view that the City would not be able to control smoking in a private residence even if it is leased by the City to a smoking renter. Page 6 Council Minutes - 1/25/93 After discussion, a motion was made by Clint Herbst and seconded by Patty Olsen to adopt a policy providing for a smoke-free environment as follows: CITY OF MONTICELLO POLICY FOR A SMOKE FREE ENVIRONMENT SECTION: l: Purpose 2: Policy 3: Exceptions 4: Smoke Cessation Programs 5: Enforcement Provisions Section 1: PURPOSE: The City Administration is committed to promoting a safe and healthy environment for its employees and citizens who use City -owned buildings. It is our intention to provide an environment that is free from the effects of tobacco smoke and its associated health risks. Section 2: POLICY: Effective March 1, 1993, smoking and the carrying of lighted smoking materials in City -owned buildings or vehicles is forbidden. Section 3: EXCEPTIONS: (A) City -owned residential buildings under lease or rent for residential purposes. (B) City -owned buildings under lease or rent which are accessible to the general public and for which agreements do not give the City the authority to enforce a smoking prohibition. In those instances, the renter or leasee shall be asked to voluntarily comply until the end of the current lease or rental agreement. All future leases or rental agreements for such buildings shall prohibit smoking. Section 4: SMOKE CESSATION PROGRAMS: The City will provide employees who wish to quit smoking support in doing so. Page 7 Council Minutes - 1/25/93 Section 5: ENFORCEMENT PROVISIONS: (A) Employees. Disciplinary action in accordance with the applicable labor contract and Civil Service Rules, and/or in appropriate cases, criminal prosecution under M.S.A. 144.414. (B) Citizens. Employees observing citizens in violation of the smoke free policy should: 1. Advise the citizen that the building is smoke free. 2. If the citizen does not extinguish the smoking materials, the employee should make a direct request of the citizen to do so. 3. If the request is denied, the employee should direct the citizen to leave the building. 4. Should noncompliance result, the employee should contact local law enforcement personnel, in accordance with M.S.A. 144.414. Based on the circumstances, police intervention may result in (a) issuance of a summons, or (b) issuance of a warning letter through the City Attorney's office. Motion carried unanimously. 11. Consideration of adding a new employee to the water and sewer collection departments. John Simola reported that the water and sewer collection departments are managed under the direction of the Public Works Director, one is Matt Theisen, who is our Water/Sewer Collection System Superintendent, and the other is Richard Cline, Water/Sewer Collection System Operator. During the summer months, we have added one to two summertime employees, usually college students, to aid in the duties. Simola reported that the two-man department was formed in 1981 when the construction of the new wastewater treatment plant began. Since 1981, the City's infrastructure has expanded with the growing city population. In the water department, we have added two new wells, a pump house, an 800,000 gallon above -ground reservoir, and two backup sources for emergency water such as a natural gas-fired engine at well #2 and the emergency generator at pump house U. Along with this, we have added several miles of water main, hundreds of services, and many hydrants and gate valves. Council Minutes - 1/25/93 This period has also brought growth in the sewer collection department with additional lift stations and many miles of sewer main, including our interceptor line along with several miles of sanitary sewer force main. The increase of use of the collection system has grown by almost 45% from 450,000 gallons per day to the current usage of 650,000 gallons a day. Water usage has grown from 159,000,000 gallons per year in 1981 to 278,000,000 in 1992, a growth of almost 75%. Simola also noted that having a two-man department with specialized duties makes it very difficult to schedule vacation. Sick days can cause a loss of half of the specialized work force in the department. Furthermore, well-qualified summer workers are hard to find and are difficult to keep on a seasonal basis. Matt Theisen noted that he has 40 days of vacation time coming that is very difficult for him to schedule. Brad Fyle wondered if hiring out meter reading could save us the expense of hiring an additional employee. Simola responded by saying that meter reading is a relatively small part of the duties of the operators. Currently, it takes 2.5 days for two full-time and one part-time employees to complete the meter reading portion of their work. Ken Maus noted that he can support hiring an additional employee as long as we hold down hiring of part-time employees during the summer months. Clint Herbst stated that it is a lot easier to justify an additional employee when the department is so small and specialized. The City is at risk for staffing problems if one of the two water/sewer collection operators would get injured or become sick. After discussion, a motion was made by Clint Herbst and seconded by Shirley Anderson to authorize advertisement for the position of Wastewater Collection System Operator. Motion carried unanimously. 12. Consideration of bills for the month of January. After discussion, a motion was made by Shirley Anderson and seconded by Brad Fyle to approve the bills as submitted. Motion carried unanimously. 13. Other matters. A. Brad Fyle was concerned about the City expense associated with storage of City materials in the Bridge Water telephone storage building. John Simola noted that some of the items being stored will likely become sale items at an upcoming public auction. Page 9 Council Minutes - 1/25/93 It was the consensus of Council to direct staff to dispose of or sell the items in storage. B. Clint Herbst noted his concern regarding his previous request to have a "no commuter parking" sign placed at the sliding hill parking lot. He wondered why it has not been installed. John Simola reported that he would install a parking sign at this location as previously authorized. C. Herbst also requested that the City staff talk to the Township regarding the speed limit signs on Gillard near the intersection of County Road 39. Herbst noted that the speed limit on Gillard is excessive given the problems with sight lines and given the residential nature of the area. John Simola reported that he would talk to the Township maintenance employees to determine if the speed limit signs could be updated on this roadway that we share with the Township. O'Neill noted that if maintenance employees are not authorized to revise the speed limit, then he would request that the item be brought before the Township Board at their next regular meeting. D. Assistant Administrator O'Neill informed Council that Value Plus Homes, Inc., of Monticello requests that the City authorize preparation of a feasibility study on phase III of Cardinal Hills, and they are willing to deposit a letter of credit in an amount equal to the cost of the study. The City can draw on the letter of credit in the event the project does not move forward. After discussion, a motion was made by Clint Herbst and seconded by Patty Olsen to authorize preparation of a feasibility study on public improvements for phase III of Cardinal Hills contingent on the developer providing a letter of credit in an amount equal to the City's cost to prepare the report. Motion carried unanimously. There being no further discussion, the meeting was adjourned. Je O'Neill Assistant Administrator Page 10