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City Council Minutes 01-27-1992MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, January 27, 1992 Members Present: Ken Maus, Shirley Anderson, Clint Herbst, Brad Fyle, Dan Blonigen Members Absent; None 2. Approval of minutes of the regular meeting held January 13, 1992. Ken Maus noted that Parks Commission member Fran Fair's term should be'revised to show an expiration of 1994 rather than 1991, as noted by mistake in the meeting minutes. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to approve the meeting minutes with the change as noted. Motion carried unanimously. 3. Citizens comments/petitions, requests, and complaints. Area residents representing the Hockey Association were in attendance to voice their concern regarding the possibility of the development of an aquatic center without first reviewing the potential for the development of a hockey arena. It was noted by other representatives from the group that the growth and popularity of hockey has been tremendous in the area. Other communities have responded to the popularity of the sport by developing hockey arenas. These arenas help draw businesses to the area and if operated properly can be self- supporting. Maryann Porter voiced her opposition to the aquatic center concept because the aquatic center cannot be used all year around. It was her view that the hockey arena should take priority over an aquatic center. Marianne Foldesi noted that development of a hockey arena could include an area for meeting rooms and senior citizen areas. The facility could be used for a wide variety of community events. Ken Maus suggested that the question of whether or not the City should be participating in the development of a hockey arena should be passed on to the Parks Commission for comment and then referred to the Council for later review. Shirley Anderson wondered, "Why can't the development of a hockey arena be a combined effort between neighboring townships and the City of Monticello?" Ken Maus also noted that the City will work closely with townships or the school district when it's time to move ahead on development of a hockey arena. 1 Council Minutes - 1/27/92 Brad Fyle noted that the school district has a larger taxing area that matches the population that will be using the arena; therefore, it is his view that the school district be the entity that funds development of a hockey arena. 4. Consideration of a resolution adopting an ordinance requiring licensing businesses conducting adult use/principal or adult use/accessory activities. Assistant Administrator O'Neill reminded Council that at the previous meeting Council adopted the zoning ordinance amendments defining and regulating adult uses and tabled consideration of the companion ordinance requiring licensing of adult use as principal and adult use as accessory. The Council tabled the matter pending development of a resolution outlining findings supporting the establishment of the ordinance. In addition, few modifications to the ordinance were needed in response to Council discussion. O'Neill outlined the proposed amendments to the ordinance and requested that Council consider adoption of a resolution supporting establishment of the ordinance. Paulette Conroy and others were in attendance to request that the City Council consider increasing the fee for adult/use accessory from $50 to a higher number to reflect the fact that the City spends more than $50 to process each adult/use accessory license application. She noted that extensive background checks are done on each applicant, public hearing notices must be sent, a business site inspection must be conducted, and, on occasion, it is probably likely that legal fees are spent in review of the application. Therefore, when looking at these costs, it appears that it could be justified that the City should increase the fee above $50. Assistant Administrator O'Neill noted that it is very possible that the fees could be increased to reflect the actual City costs. He noted, however, that the City Attorney indicated that the City must be careful to avoid using the licensing as a revenue -raising measure or as a method to make it difficult for this type of use to locate in the city. If the court finds that the City is charging a high licensing fee as a cover for trying to keep this type of use out of the city, the ordinance could be thrown out, and then there would be no regulations governing this activity. O'Neill noted that it was the City Attorney's view, therefore, that the fee be relatively low so as to assure the City that the ordinance is viable. 2 go Council Minutes - 1/27/92 Council then reviewed the costs associated with processing an adult use/accessory license. After reviewing the costs in detail, it was determined that the costs do exceed $250 per license application and, therefore, the licensing fee as proposed should be revised from $50 to $250 and the proposed resolution supporting the ordinance should be amended by including a listing of all the expenses associated with processing an adult accessory use license. After discussion, a motion was made by Shirley Anderson and seconded by Dan Blonigen to approve the resolution adopting an ordinance requiring licensing businesses conducting adult use/ principal or adult use/accessory activities with the exception that the proposed ordinance be amended to include a $250 fee for licensing rather than a $50 fee as proposed. In addition, the resolution should be modified by including the following list of expenses associated with processing of the license application: 5. The cost to the City of conducting investigations and issuing licenses for adult use/accessory are as follows: Police investigations: $175 Cost of Assistant City Administrator: $30 Publication costs: $80 Cost of City Administrator: $50 Legal fees: $0 Motion carried unanimously. SEE RESOLUTION 92-3. SEE ORDINANCE AMENDMENT NO. 219. At this point in the meeting, the Monticello Hockey team arrived. A number of members were given the floor and they expressed the desire that the City consider development of a hockey arena. They are tired of being on the bus 1-1/2 hours every day to practices and games. Ken Maus thanked them for their comments and noted that the matter has been referred to the Parks Commission for further review. Consideration of ordering plans and specs for new warming house/community buildinq/year-round restrooms for West Bridge Park. John Simola presented a warming house plan for West Bridge Park and noted that the plan has been reviewed and approved by the Parks Commission. In his review, Simola noted that this item has been in the City budget since 1988 with no action taken on it. Simola reviewed the concept which included the 3 Council Minutes - 1/27/92 possibility of using an A -frame construction in the park to take advantage of the view of the river along with providing an aesthetically -pleasing building at the entrance to the community. Some of the features of the building would be as listed below. 1. A -frame construction using standard shingled roof. 2. Incorporation of a loft over the restroom area for a view of the river. 3. The use of 4 -foot high burnished block on the exterior walls and burnished block on the interior walls to provide durability and low maintenance. 4. The use of pine or popple 6 -inch wide paneling in the community room area, loft, and ceilings to add warmth to the building. 5. Low -maintenance concrete floors throughout. 6. Handicapped -accessible year-round restrooms, accessible when the community room/warming house area is locked. 7. Cross-flow ventilation using openable windows and a ceiling -mounted exhaust fan. 8. A two -zone gas-fired boiler heat system to provide cooler temperatures in the community room/warming house area when not in use. 9. A central woodburning stove such as used at the state park building at Lake Maria State Park. The woodstove could be utilized when the skating rink attendant is on duty. Simola noted that the cost to build this structure is estimated at $70,000, including all site utility work and soil investigation. Simola stated that it is staff's opinion that the addition of this building to Bridge Park will enhance the winter usage as well as summer usage at the park. Simola then requested that the City order the preparation of plans and specs from either TKDA or RCM. Both proposals are reasonably priced and will result in a quality product. Clint Herbst liked the design of the building; however, he noted that there is too much money in it. Just because the money's in the budget doesn't mean it should be spent. Ken Maus asked if an activity or attendance log has been taken for that park. He was concerned that we're developing a warming house for a park that may not get much use. Dan Blonigen noted that he has a little bit of a problem with the proposal, as the warming house costs too much money for the area. Brad Fyle stated that the Parks Board went overboard on the design. Herbst stated that the structure should be more practical and less expensive. After discussion, it was the consensus of 4 Council Minutes - 1/27/92 Council that staff review the concept plans and look at reducing the scope of the structure. The new design should allow the structure to be enlarged at a later date. 6. Consideration of authorization of soils investigation for new public works building. John Simola recommended that the Council authorize staff to conduct a soil investigation performed in the area of the public works building by Braun Intertec at an estimated cost of $1,150. This investigation is necessary in order to properly plan for public works building construction. The cost would be higher if unstable soil conditions were encountered below 15 feet which is not expected, as the maximum depth of the gravel pit in the area was believed not to exceed 15 feet. At the same time, Braun Intertec would perform the soil boring for the Bridge Park warming house at a cost of $775 and perform soil borings for the School Boulevard project to be used in development of the feasibility study at a cost of $500. After discussion, a motion was made by Brad Fyle and seconded by Shirley Anderson to authorize a soil investigation to be conducted by Braun Intertec at an estimated cost of $1,150. Motion carried unanimously. 7. Consideration of ordering plans and specs for ballfield lighting for two or four of the City's fields. John Simola reported that participation in softball and baseball at all levels has increased in recent years, and the present ballfield facilities are not sufficient to keep up with the demand, and therefore it is being proposed that the City consider lighting two or four of the City's ballfields, which would allow these fields to be available for more hours and thus allow the City to avoid the expense of developing new ballfields. Simola went on to request that Council authorize City staff, with OSM's assistance, to prepare and distribute a request for proposals for lighting two or four fields at the City's ballfield complex near the NSP Training Center. It is estimated that the technical assistance from OSM to complete the RFP would be in the area of $1,000. Proposals would be ready for Council review on February 24, 1992. 5 Council Minutes - 1/27/92 Members from the Softball Association were present. It was noted that the fields are in constant use. If all fields were lighted, it would double the capacity of the NSP ballfield facility. Clint Herbst noted that the school uses the fields on occasion and might be willing to step in to help with paying for the lights. Herbst noted that we should try to spread the cost to other jurisdictions that have citizens that use the ballfields. Brad Fyle concurred that we need to look at a wide variety of sources to pay for the lighting. Dan Blonigen stated that the school should be involved with financing of lighting if their teams are using the fields. Ken Maus observed that the school use may be very limited. The school district may not wish to pay much to see that the fields are lighted. Dan Blonigen also noted that we need user fees to help finance installation of the lights. John Simola reminded the Council that the City does receive $3,000 a year for maintenance of the fields from the Softball Association, and the association has agreed to pay for all electricity needed to run the lights. After discussion, the motion was made by Clint Herbst and seconded by Shirley Anderson to authorize City staff to prepare and distribute a request for proposals for lighting for two or four fields at the City's ballfield complex near the NSP Training Center at an estimated cost of $1,000 to complete the RFP. Motion carried unanimously. 8. Consideration of a request to abate special assessment penalties and interest on 82-2 Improvement Project --Ultra Homes, Dickman Knutson. Rick Wolfsteller outlined the circumstances leading to the accumulation of $515,304 of interest and penalties against Outlots C and D and other lots located in the Meadow Oaks subdivision. Wolfsteller noted that the owner of this property, Dickman Knutson, has not paid any of the assessments against this property. He went on to note that the City Attorney is presently in the process of completing the foreclosure documents, as no payments have been made. Wolfsteller requested that the City Council consider abating a portion of the delinquent taxes and assessments as was done with the delinquent taxes and assessments against the land owned by Farm Credit. Wolfsteller noted that our previous settlement with Farm Credit Systems amounted to approximately 15-1/2 percent reduction. R Council Minutes - 1/27/92 Dan Blonigen stated that it was a mistake to assess this undeveloped property in the first place, as the assessment and interest quickly exceeded the value of the land. It was Dan Blonigen's view that the City should continue with the foreclosure and not offer a 15 percent reduction in the assessment amount. Rick Wolfsteller was concerned that we look at providing the same reduction to Knutson as was provided to Farm Credit. It was his view that if we could get Knutson to pay off his debt at a 15 percent reduction, the City would be money ahead. After discussion, a motion was made by Shirley Anderson and seconded by Brad Fyle to agree to accept a reduction of special assessments against all the land owned by Ultra Homes equal to the penalties and interest that have accumulated against the parcels, contingent upon Ultra Homes paying off all remaining assessment balances within 30 days, along with deeding to the City the remaining park dedication requirements. The special assessment penalties and interest reduction would total approximately 15-1/5 percent or $106,141. 9. Consideration of bills for the month of January. After discussion, a motion was made by Clint Herbst and seconded by Dan Blonigen to approve payment of the bills as submitted. Motion carried unanimously. 10. Other matters. Shirley Anderson noted that she is aware of an interesting program in another city whereby certain businesses that maintain exceptional landscaping are given a plaque in recognition of their efforts to beautify the city. Anderson thought that the City should consider starting a similar program. There being no further business, the meeting was adjourned. Jeff O' N'e -11 Assistant Administrator 7