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City Council Agenda Packet 05-28-2002AGENDA REGULAR MEETING - MONTICELLO CITY COUNCIL Tuesday, May 28, 2002 - 7 p.m. Mayor: Roger Belsaas Council Members: Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen 1. Call to Order and Pledge of Allegiance. 2. A. Approve minutes of May 131, 2002 regular council meeting. `tom B. Reconvened Board of Review of May 13, 2002. 3. Consideration of adding items to the agenda. 4. Citizen comments/petitions, request and complaints. 5. Consent agenda. b - A. Consideration of ratifying new hires for community center, city hall and public works. B. Consideration of granting annual approval for municipal liquor licenses. C. Consideration of approving an amendment to the union labor contract. D. Consideration of Change Order No. 1 - Sanitary Sewer Rehabilitation work, Project No. 2000-16C, CSAH 75 Improvement. E. Consideration of adoption of ordinance prohibiting the use of fertilizers containing phosphorus. k. F. Consideration of calling for a public hearing to consider vacation of a portion of Cedar Street. G. Consideration of approving final plat of the Groveland Commercial Center. H. Consideration of establishing a development review deposit/escrow account for development projects and planning case projects. 6. Consideration of items removed from the consent agenda for discussion. 7. Public Hearing - Supplemental Hearing CSAH 75 Improvements from Washington Street to Otter Creek. 8. Approve payment of bills for May. 9. Adjourn p l h MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, May 13, 2002 - 7 p.m. Members Present: Roger Belsaas, Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen Members Absent: None 1. Call to Order and Pledge of Allegiance. Mayor Belsaas called the meeting to order at 7 p.m. and declared a quorum present. The Pledge of Allegiance was said. 2. A. Approve minutes of April 22, 2002 regular Council meeting. ROGER CARLSON MOVED TO APPROVE THE MINUTES OF THE APRIL 22, 2002 COUNCIL MEETING. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. B. Approve minutes of May 8, 2002 Board of Review. BRIAN STUMPF MOVED TO APPROVE THE MINUTES OF THE MAY 8, 2002 BOARD OF REVIEW. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED WITH BRUCE THIELEN AND ROGER CARLSON ABSTAINING. 3. Consideration of adding items to the agenda. Brian Stumpf requested that agenda item #10 be included in the consent agenda. City Administrator, Rick Wolfsteller, requested that annexation of the Kjellberg West Mobile Home Park be added to the agenda. BRIAN STUMPF MOVED TO ADD AGENDA ITEM #109 A RESOLUTION PROHIBITING PARKING ON CSAH 75 FROM OTTER CREEK ROAD TO CHESTNUT STREET, TO THE CONSENT AGENDA. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4. Citizens comments/petitions, requests, and complaints. Julie Miller, 1. 111 West Broadway, expressed her concern about the pathway proposed along Broadway and that it would require removal of the trees. She indicated that they had discuss this issued with Virgil Hawkins from the Wright County Highway Department. She questioned whether the width of the pathway or the alignment could be changed in order to preserve the trees. John Simola, Public Works Director, stated that he had walked the proposed pathway and to keep the 2R Council Minutes - 5/13/02 pathway on the north side of the pole and away from the trees was not possible and placing the pathway on the south side of the poles would be too close to the road and would be hazardous. The County had discussed installing curbing along that portion of CSAR 75 to stop vehicles from veering onto the pathway but the County had not gotten back to him with a cost figure or if there would be any county participation in the cost for this work. The Council discussed whether the pathway had to be the 8' proposed or whether sidewalk could be installed in lieu of the pathway. It was suggested that the city staff work with the county on this matter. 5. Consent Agenda: A. Consideration of ratifying new hires for the Community Center, Public Works and City Hall. Recommendation: Ratify new hires as identified. B. Consideration of authorizing request for proposals for legal services and review scope of work covered by contract. Recommendation: Approve scope of work and authorize staff to prepare a request for proposals for legal services. C. Consideration to review and accept the year end EDA financial statements, activity report and 2002 proposed budget. Recommendation: Move to accept the EDA Balance Sheet, Statement of Revenues, Expenditures and Changes in Fund Balance; 2002 Cash Flow Projections; and the Annual Activity Reports as presented. D. Consideration to approve assigning the Contract for Private Development from Front Porch Associates to First National Bank of Elk River. Recommendation: Move to approve assigning the Contract for Private Development by and among Front Porch Associates, LTD, the HRA and the City to First National Bank of Elk River. E. Consideration of concept stage planned unit development allowing a single family residential development in the R-3 Zoning District. Applicant: Central Minnesota Housing Partnership and the City of Monticello. Recommendation: Motion to approve concept stage PUD based on the finding that the proposed development is consistent with the Comprehensive Plan for the City. The development is consistent with the character of the neighborhood and will not result in a depreciation of adjoining land values. F. Consideration of approval of a request for a conditional use permit allowing a convenience food store in the Central Community District. Applicant: Dennis Archer/Domino's Pizza. Recommendation: Motion to approve Conditional Use Permit based on a finding that the changes to traffic and delivery patterns are consistent with the intent of the Downtown Revitalization Plan and the CCD Zoning District. G. Consideration of a simple subdivision request and consideration of a conditional use permit allowing residential uses on the first floor of structure in the Central Community District. 2 Council Minutes - 5/13/02 Applicant: Gary Nesseth. Recommendation: Move to approve the simple subdivision creating two lots from one parcel and approve the conditional use permit subject to the following conditions: A. Front yard setback of no less than 20' B. Side yard setback of 6' C. Rear yard setback of 30' D. Minimum building setback for buffer yard of 20' E. Minimum landscaped yard in buffer yard of 15' F. Applicant must provide verification of meeting the minimum landscape unit requirements of 39 units. H. Consideration of final plat approval and amendment to the zoning map to rezone Groveland rd Addition from agriculture open space to single family residential. Applicant: Ocello, LLC. Recommendation: Approve the final plat, development agreement and the amendment to the zoning map rezoning Groveland 3rd Addition from agriculture open space to single family residential. Res. # 2002-26, Ord. Amd. #375 Consideration of an amendment to the Subdivision Ordinance pertaining to recent amendments to the Residential Development Standards. Applicant: City of Monticello. Recommendation: Move to approve the Subdivision Ordinance amendments based on a finding that the amendments support the Comprehensive Plan goals of higher quality housing development. Ord. Amd. # 376. J. Consideration of ordinance amendments clarifying single family zoning standards based on recent district standards adoption. Applicant: City of Monticello. Recommendation: Move to approve Zoning Ordinance revisions based on a finding that they support the City's adoption of new residential zoning standards Ord. Amd. #376. K. Consideration to approve a resolution calling for a public hearing by the City Council on the proposed adoption of a modification to the redevelopment plan for Central Monticello Redevelopment Project No. 1 and the proposed establishment of Tax Increment Financing District No. 1-30 therein and the adoption of a tax increment financing plan therefor. Recommendation: Adopt a resolution calling for a public hearing by the City Council on June 24, 2002 for the proposed adoption of a modification to the redevelopment plan for Central Monticello Redevelopment Project No. 1 and the proposed establishment of Tax Increment Financing District No. 1-30. L. Consideration of adopting resolution in support of designating Yucca Mountain as the national repository for spent nuclear material. Recommendation: Adopt resolution in support. Res. #2002-23. Council Minutes - 5/13/02 M. Consideration of a request for concept stage Planned Unit Development for Otter Creek Crossings Business Park. Applicant: Otter Creek, LLC. Recommendation: Approve the Otter Creek Business Park concept PUD, based on a finding that the concept is consistent with the City's Comprehensive Land use Plan. N. Consideration of granting a license of use over an easement on the Groveland Commercial Center Site. Recommendation: Motion to grant a license of use over a city easement for the Groveland Commercial Center with license to include an exculpatory clause holding the city harmless for damage to the building that might occur in the rare event that the sewer line would need to be repaired via excavation. 10. Consideration of adopting resolution prohibiting parking on CSAH 75 from Otter Creek Road to Chestnut Street. Recommendation: Adopt the resolution prohibiting parking on CSAH 75 from Otter Creek Road to Chestnut Street. BRUCE THIELEN MOVED TO APPROVE THE CONSENT AGENDA WITH THE ADDITION OF AGENDA ITEM #10. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. None. 7. Public Hearing - Compliance with Wild and Scenic Rivers Act - Hans Hagen Development - Riverwalk Deputy City Administrator, Jeff O'Neill provided background on the development of the project noting that two items were to be considered; approval of the concept stage planned unit development and also to consider comment on whether the development complied with the provisions of the Wild and Scenic Rivers Act. The Planning Commission and the Design Advisory Team had approved the development stage planned unit development. Jeff O'Neill pointed that the development is short 5' of space necessary for the green space, sidewalk, 28' two way road and pathway. The staff and developer studied this and proposed some options. One option was to eliminate the green space between the sidewalk and the curb. Another option would be to reduce the road width from 28' to 24' with one way traffic and parking on one side of the street only. This option was presented to the Planning Commission and DAT and they felt that was a good option. The Council asked John Simola, Public Works Director, how he felt about the reducing the road width and changing it to one way traffic. He indicated he was opposed to the reduction since narrowing up the street would be irreversible. He also had concerns about the parking. It was noted that a proposal for a parking lot in the park area was not presented to the Council. Mayor Belsaas asked how close to the river the pathway would be. Jeff O'Neill noted there was quite a drop in 4 Council Minutes - 5/13102 grade just beyond the curb until you got to the Carlson property and then there was more room. Jeff O'Neill also stated that the hearing was an opportunity for the Department of Natural Resources to comment on the proposed development and its compliance with Wild and Scenic Rivers regulations. The report prepared by Steve Grittman, the planner was submitted to the DNR but they had requested additional information which was being sent and after reviewing that the DNR would be submitting their comments so any motion by the Council should be contingent upon approval by the DNR. Hans Hagen, 941 Hillwind Road, Fridley, the developer of the project, discussed the options. He stated that they wanted to keep the road as far to the south as possible. Currently the road is 26' and increasing it 2' to 28' would put the sidewalk right on the curb. Reducing the width of the street from 26' to 24' he felt was a better option. Traffic would proceed one way to the west, going from Walnut Street to the west. This would allow parking on one side of the street and a 4' green space between the sidewalk and the curb. Brian Stumpf expressed his concern about reducing the width of the street and he suggested that perhaps reducing the green space to 2' instead of 4' would be a better option. While he was not adverse to it being one way traffic, he was against it reducing the street width since it was already narrow in that area. Clint Herbst felt that 26' was overkill for a one way roadway. John Simola indicated that they had received comments from residents expressing concern about the road not being wide enough and he noted that operating equipment like snowplows is difficult on a narrow street. Roger Belsaas questioned whether the sidewalk needs to be 5' because there is a pathway on the other side of the street. John Simola stated that most of the recent sidewalk installation has been 5' but there are places in the city where the sidewalk is not that width. BRIAN STUMPF MOVED TO KEEP THE ROAD AT ITS CURRENT WIDTH, LEAVING CITY STAFF TO DETERMINE WHETHER THE TRAFFIC FLOW IS ONE-WAY OR TWO- WAY, REDUCE THE GREEN SPACE TO T AND THE WIDTH OF THE SIDEWALK TO BE DETERMINED BY STAFF WITH APPROVAL CONTINGENT UPON REVIEW AND APPROVAL BY THE DEPARTMENT OF NATURAL RESOURCES. Fred Patch stated that the 2' of green space would be difficult to sod and that 3'-4' would be better and would be more aesthetically pleasing. BRIAN STUMPF AMENDED HIS MOTION CHANGING THE GREEN SPACE TO 3' AND THE SIDEWALK TO 4' BUT KEEPING THE ROAD AT ITS CURRENT WIDTH. There was no second to the motion. BRUCE THIELEN MOVED TO APPROVE THE DEVELOPMENT STAGE PLANNED UNIT DEVELOPMENT AND APPROVE THE ASSOCIATED PRELIMINARY PLAT BASED ON 5 rJa Council Minutes - 5/13/02 THE FINDINGS THAT THE PUD IS CONSISTENT WITH THE CHARACTER OF THE AREA AND CONSISTENT WITH THE REDEVELOPMENT PLAN. MOTION INCLUDES ESTABLISHING ONE-WAY TRAFFIC ON FRONT STREET AND IS SUBJECT TO APPROVAL BY THE DEPARTMENT OF NATURAL RESOURCES. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED WITH ROGER BELSAAS AND BRIAN STUMPF VOTING IN OPPOSITION. Brian Stumpf noted that his vote was not in opposition to the project but in reducing the width of the street. Noting that this was a public hearing, Mayor Belsaas opened the public hearing. A resident on Locust Street expressed her concern about the road. At the present time with parking on both sides of the street it is difficult for traffic to get through. If parking is restricted on Front Street the vehicles will be parking on Locust and that will compound the problem on Locust. Mayor Belsaas then closed the public hearing and left the motion stand. s. Consideration of a development stage planned unit development and approval of preliminary plat. Applicant: Hans Hagen Homes.. This was included with item #7. 9. Consideration of a request by Marian Jameson for vacation/turnback of Old Territorial Road. City Administrator, Rick Wolfsteller, provided background on the item. The Council is asked to provide direction to the Jamesons for proceeding with the vacation of Old Territorial Road. It was pointed out that only a portion of the road was vacated by the township in 1953. The Jamesons had been under the assumption that the road had been vacated in its entirety. Compounding the problem is the uncertainty on whether the road was ever turned back by the state and what entity had authority to vacate the remaining right-of-way. Legal counsel for the Jamesons has been looking at the proper way to handle this and is recommending a quiet title action since the property may be developed at some point in the future. The Jamesons attorney felt that the courts would be unlikely to give title to road to the property owner and he felt the City would probably end up with title. In that case how would the City handle a vacation request. Would they approve the vacation of Old Territorial Road and would they consider turning the right-of-way back to the property owner at no cost. The staff also questioned that portion of Old "Territorial Road from Washington Street to the railroad tracks and whether there was any purpose in the City retaining that right-of-way. The consensus of the Council was that the City should vacate the entire right-of-way of Old Territorial Road. Since the Jameson property needs access to a public road they would either need to obtain an easement for access purposes or the portion of Old Territorial Road from Washington Street to the railroad tracks would have to remain a public road. The Council felt it should be up to the property 6 aA Council Minutes - 5/13/02 owner to negotiate an easement for access. CLINT HERBST MOVED TO CALL FOR A PUBLIC HEARING ON THE VACATION OF OLD TERRITORIAL ROAD AT THE SOONEST DATE AS PUBLICATION REQUIREMENTS CAN BE MET PROVIDED THE PROPERTY OWNERS ARE RESPONSIBLE FOR NEGOTIATING AN EASEMENT FOR ACCESS TO THEIR PROPERTY AND SHOULD THE CITY DETERMINE TO VACATE SAID ROAD THE RIGHT OF WAY WILL REVERT TO THE ABUTTING PROPERTY OWNER AT NO COST. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 10. Consideration of adopting resolution prohibiting parking on CSAR 75 from Otter Creek Road to Chestnut Street. Included with consent agenda. 11. Consideration of approving plans and specifications and authorizing advertisement for bids for Groveland Third Addition. BRIAN STUMPF MOVED TO APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE GROVELAND THIRD ADDITION CONTINGENT UPON ALL BOND DOCUMENTS AND DEPOSITS BEING IN PLACED. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Consideration of holding workshop for the purpose of development of assessment policy for, street and utilitv reconstruction for upcoming proiects. The Council set a special meeting for establishing assessment procedures for reconstruction projects for Tuesday, May 28, 2002 at 5 p.m. John Simola will confirm that date with the city engineer. Kiellberg Annexation: City Administrator, Rick Wolfsteller, informed the Council that within a week or two the sanitary sewer being constructed to serve the Kjellberg property will be ready for connection. At the present time the property is not annexed into the city. The City's policy on providing utilities to property outside the city limits is that they pay a different rate (3 times that of city residents) for service. The City did not believe that Kjellberg would agree to the non-resident utility rate but with the current legal action relating to the MOAA Board it is uncertain whether the State Planning Agency will act on any annexation request. The Council discussed the situation and whether the City would want to allow connection to the system to occur with guaranteed payment or whether the City should make an exception to their policy. BRUCE THIELEN MOVED TO SET A PUBLIC HEARING ON AN ORDINANCE ANNEXING THE KJELLBERG MOBILE HOME PARK AT THE SECOND MEETING IN JUNE. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED WITH CLINT HERBST VOTING IN OPPOSITION. Council Minutes - 5/13/02 13. Approve pavment of bills for May. BRUCE THIELEN MOVED TO APPROVE PAYMENTS OF BILLS FOR MAY. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 14. Adiourn ROGER CARLSON MOVED TO ADJOURN AT 8:15 P.M. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Recording Secretary 8 D Pt MINUTES SPECIAL MEETING - MONTICELLO CITY COUNCIL RECONVENED BOARD OF REVIEW Monday, May 13, 2002 - 6:30 p.m. Members Present: Roger Belsaas, Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen. Members Absent: None At 6:30 p.m. on May 13, 2002 Mayor Belsaas reconvened the Board of Review that had been recessed from May 8, 2002. There were three parcels that were to be reviewed by the assessor and brought back for Council consideration. Greg Kramber from the Wright County Assessor's Office brought the valuation for the following parcels up for Council consideration: 155-023-001110 (1311 West Broadway): The assessor reviewed the property and recommended that no change be made. BRIAN STUMPF MOVED TO MAKE NO CHANGE IN THE VALUATION SET FOR 155-023- 001110. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 155-080-007090(1450 Oak Ridge Circle): The assessor reviewed this property. He noted that the increase in other properties in the area were in the same range with the exception of two parcels where construction had been done. The assessor also presented pictures of comparable property sales to the Council which supported the value placed on the parcel. BRUCE THIELEN MOVED TO ACCEPT THE VALUATION ON 155-080-007090 AS SET BY THE ASSESSOR. BRIAN STUMPF SECONDED THE MOTION. The property owner stated that the home sales in the neighborhood averaged $178,000 and there were four sales over $200,000. He noted that the comparable sales specified by the assessor were not in the area. He felt the homes in his area were lower in value. Greg Kramber concurred that this was probably the most expensive house in the area but also noted that even though there were properties valued at $150,000 there were interspersed in the area properties valued at $180,000 and higher. UPON VOTE BEING TAKEN, THE MOTION CARRIED UNANIMOUSLY. 155-086-00230 and 002140 (6166 and 6144 Mill Run Road): The assessor had reviewed the twin homes in this area and was recommending a 5% reduction for the ten units in this area. Reconvened Board of Review - 5/13/02 ROGER CARLSON MOVED TO APPROVE THE 5% REDUCTION IN VALUATION FOR THE TEN TOWNHOUSE UNITS. BRIAN STUMP SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Mayor Belsaas closed the reconvened Board of Review at 6:45 p.m. Recording Secretary 2 013 Council Agenda - 5/28/02 5A. Consideration of amwoving new hires and derartures for the Community_ Center, Public Works and Liquor Store. (RW) A. REFERENCE AND BACKGROUND: The Council is asked to ratify the hiring of new employees that have occurred recently at the community center, public works and the liquor store. As you recall, it is recommended that the Council officially ratify the hiring of all new employees including part-time and seasonal workers. B. ALTERNATIVE ACTIONS: 1. Ratify the hiring of the part-time employees for the community center, public works and liquor store as identified on the attached list. C. SUPPORTING DATA: Lists of new part-time employees. NEW EMPLOYEES Name Title Department Hire Date Class Joe Mitchell Summer Worker Parks 4/22/02 temp Russell Melton Custodian MCC 5/10/02 FT Jerod Ruotsalainen W & S Collections Water Dept 5/13/02 FT Brenda Hegge Liq Clerk Liq Store 4/24/02 PT Anna Oraretz Lifeguard MCC 5/8/02 PT TERMINATING EMPLOYEES Name Reason Department Last Day Class employee council list.xls: 05/21/2002 Council Agenda - 5/28/02 3.2 Malt Liquor, Off -Sale (fee $75) Renewals 1. Monticello Liquor 2. Maus Foods 3. River Terrace 4. Tom Thumb 5. Holiday Stationstore 6. SuperAmerica 7. Avanti Petroleum (Mobil) 8. Cub Foods 9. O'Ryans Conoco Set -Un License (fee $275) 1. Rod and Gun (Steak Fry only) - $25 2. St. Henry's (Fall Festival only) - $25 Club Licenses (fee—set by statute based on membership) 1. VFW - $500 2. American Legion - $500 B. ALTERNATIVE ACTIONS: 1. Motion to approve these licenses effective 7/1/02, contingent upon applicants providing appropriate certificates of insurance. D. SUPPORTING DATA: None. Council Agenda - 5/28/02 5B. Consideration of granting annual approval for municipal licenses. (R.W.) A. REFERENCE AND BACKGROUND: In the past you have renewed the licenses listed below in a single motion. I believe that the motion has been a contingent motion such that licenses are approved depending upon successful completion of the application, approval at the state level, and submission of proper insurance coverage. Intoxicating Liquor, On -Sale (fee $3,750) 1. Monticello Liquor, Inc. 2. Silver Fox (Chin Yuen) 3. Duane Lindenfelser dba River City Lanes 4. Comfort Inn/Days Inn 5. J.P.'s Annex 6. Hawks Sports Bar 7. Monticello Country Club Intoxicating Liquor, On -Sale, Sundav (fee $200—set by statute) Reneivals 1. Monticello Liquor, Inc. 2. Silver Fox 3. River City Lanes 4. VFW Club 5. American Legion Club 6. J.P.'s Annex 7. Hawks Sports Bar 8. Comfort Inn/Days Inn 9. Monticello Country Club 3.2 Malt Liquor, On -Sale (fee $275) 1. Rod and Gun (Steak Fry only) - $10 2. China Buffet 3. Monticello Men's Softball Ass'n. (April -Aug.) ($137.50) 4. Lions - Riverfest Celebration 5. Lions - Street Fest (Aug. 11, 2000) Council Agenda - 5/28/02 5C. Consideration of annrm1na an amendment to the union labor contract. (RW) A. REFERENCE AND BACKGROUND: A few years ago the City established two new job descriptions for the Public Works Department that created the position of Mechanic/Operator, which emphasized shop mechanic responsibilities along with a Operator/Mechanic Foreman position. These hourly positions were in addition to the basic Operator/Mechanic position that is noted in the union contract language. The compensation for these positions were covered in different ways within the union contract, with the mechanic position having a separate salary schedule, while the foreman position was covered by language that compensated an individual an additional $1 /per hour when the City appointed someone to this classification. The language in the union contract allowed the City to temporarily assign an individual as a lead employee or assistant superintendent for a specified time, or it allowed the City to appoint an individual to the lead person category on an annual basis. In both cases, the employee was compensated an additional $1 /per hour above the base rate. For the past few years, the City has taken the opportunity to assign one individual within the street department to a permanent foreman category. The City has not chosen to appoint on a permanent basis any individual within the parks or sewer and water departments at this time. The job description for the foreman position was recently reviewed and modified by the Public Works Director to correspond with current duties and responsibilities of the position. As a result of the review by the Administrator, the point value was adjusted in relation to comparable worth which would place it one grade higher had the position not been a union contract position. The Public Works Director and City Administrator recently met with the Personnel Committee to review the status of the foreman classification and discussed how this issue could be resolved through an interim modification to the union contract. After much discussion by the Personnel Committee, it was recommended that a new job description be labeled as an Operator/Mechanic Foreman II position, that would reflect the revised job description and duties as outlined by the Public Works Director and to retain the previous foreman job description to be labeled Operator/Mechanic Foreman I. The original foreman position would remain compensated at $1 /per hour when an individual is assigned to this position and that a separate salary schedule be created for the Foreman II position, that would be utilized mainly by the street department at this time, that would reflect approximately a $2/hour increase over the base rate compensation. It was the consensus of the Personnel Committee that the additional job duties and responsibilities could be supported within the street department at this time, and the job description would be reviewed in the future to determine whether additional modifications would be necessary. Council is requested to approve a memorandum of understanding that would be added to the union contract on an interim basis that creates a separate salary schedule for the Foreman II classification that is $2/ per hour than the Operator/Mechanic base rate. Upon renewal of the union contract, it is assumed that this new salary schedule will be included in the basic contract language. Council Agenda - 5/28/02 B. ALTERNATIVE ACTIONS: 1. Approve the memorandum of understanding with Local 49 Union creating a separate salary schedule for the Operator/Mechanic Foreman II position. 2. Do not authorize an amendment at this time. C. STAFF RECOMMENDATION: It is the recommendation of the City Administrator, Public Works Director, and Personnel Committee that the creation of a separate salary schedule for a new Foreman II classification would be beneficial to the City at this time. The duties and responsibilities of the Foreman II category would be utilized by the street department only and other foreman assignments would be handled by the present language in the union contract. D. SUPPORTING DATA: Copy of proposed memorandum of understanding MEMORANDUM OF UNDERSTANDING CONCERNING ESTABLISHMENT OF ADDITIONAL SALARY SCHEDULE FOR OPERATOR/MECHANIC FOREMAN 1� POSITION As part of the labor agreement for the period 4-1-01 to 4-1-03, the City of Monticello and the I.U.O.E. Local 49 agree to establish an additional salary schedule for a newly created job classification to be known as Operator/Mechanic Foreman II. It is also understood that the City of Monticello current job description called Lead Person Operator/Mechanic will be revised as Operator/Mechanic Foreman I and will continue to be compensated in accordance with Article 10.06 of the contract. It is also understood that the City of Monticello shall have the sole authority to terminate, revise or modify the job descriptions of either foreman category and shall have sole authority in selection and/or appointment of a Foreman I or Foreman II person based on performance evaluation, capabilities of the individual and needs of the City. Salary Schedule Operator/Mechanic Foreman H 5/28/02 Top Rate $20.29 36-48 mos. $19.35 24-36 mos. $18.63 12-24 mos. $17.91 6-12 mos. $17.19 First 6 mos. $16.46 Dated this day of , 2002. CITY OFMONTICELLO L U.O.E. LOCAL 49 5&1 Council Agenda - 5/28/02 5D. Consideration of ap_proving Change Order No. 1 to CSAH 75 Sanitary Sewer Rehabilitation, Proiect No. 2000-16C.. (WSB) A. REFERENCE AND BACKGROUND: The Council is asked to approve change order #,1 relating to the CSAH 75 Sanitary Sewer Rehabilitation Project. This change order increases the completion date by 5 days to June 21, 2001. This extension is related to the delay associated with the two week delay in awarding the project. B. REFERENCE AND BACKGROUND: 1. Approve change order #1 for Project No. 2000-16C, Sanitary Sewer Rehabilitation to extend the completion date to June 21, 2002. C. STAFF RECOMMENDATION: It is the recommendation of the City Engineer that change order #1 be approved. There is no cost increase associated with this change order. D. SUPPORTING DATA: Copy of Change Order WSB & Associates, Inc. May 17, 2002 Mr. Rick Wolfsteller City of Monticello 505 Walnut Avenue, Suite 1 Monticello, MN 55362 Re: Change Order No. 1 Sanitary Sewer Rehabilitation and Appurtenant Improvements CSAH 75 and Trunk Highway 25 City of Monticello, MN City Project No. 2000-16C WSB Project No. 1282-01 Dear Mr. Wolfsteller: Please find enclosed Change Order No. 1 (in triplicate) for the referenced project reflecting the agreed-upon changes to the contract as noted on the enclosed change order. The original contract total of $65,291.00 will not be altered as a result of this change order. If the attached meets with your approval, please sign and process. Sincerely, WSB & Associates, Inc. Vrd—A a Bret A. Weiss, P.E. City Engineer Enclosures c: Lametti & Sons, Inc. 4150 Olson Memorial Highway nm Suite 300 'neapolls minnesota 55422 763-54.1-4800 SD 763.541.1700 FAX Minneapolis St. Cloud - Equal Opportunity Employer I-:\WI1WIN\1282-01\co l ltr cty.rtf CHANGE ORDER NO. I SANITARY SEWER REHABILITATION AND APPURTENANT IMPROVEMENTS CSAH 75 AND TRUNK HIGHWAY 25 ITY OF MONTICELLO PROJECT NO. 2000-16C WSB PROJECT NO. 1282-01 OWNER: City of Monticello 505 Walnut Avenue, Suite 1 Monticello, MN 55362 CONTRACTOR: Lametti & Sons, Inc. 16028 Forest Boulevard North PO Box 477 Hugo, MN 55038 May 12, 2002 YOU ARE DIRECTED TO MAKE THE FOLLOWING CHANGES IN THE CONTRACT DOCUMENT DESCRIPTION: Delete text of Section 01014 - Work Sequence and replace with the following: Substantial completion for the project to include cleaning of existing sanitary sewers, placement of lining material, flow control, reinstallment of connections, sewer testing, and internal inspections, shall be June 14, 2002. Final completion for the project, including cleanup, repairs, and delivery of inspection tapes, shall be June 21, 2002. It is understood that this change order includes all additional costs and time extension which are in any way, shape, or form associated with the work elements described above. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: RIGINAL CONTRACT PRICE: $65,291.00 ORIGINAL CONTRACT TIME: 6/17/2002 PREVIOUS CHANGE ORDERS: NO. —TO _ $0.00 NET CHANGE FROM PREVIOUS CHANGE ORDERS: NONE CONTRACT PRICE PRIOR TO THIS CHANGE ORDER: $65,291.00 CONTRACT TIME PRIOR TO THIS CHANGE ORDER: 6/17/2002 NET INCREASE/DECREASE OF THIS CHANGE ORDER: $0.00 NET INCREASE OF CHANGE ORDER: 5 Days CONTRACT PRICE WITH ALL APPROVED CHANGE ORDERS: $65,291.60 CONTRACT TIME WITH APPROVED CHANGE ORDERS 6/21/2002 RECOMMENDED BY: APPROV BY: Bret A. Weiss, P.E. APPROVED BY: WSB & ASSOCIATES, INC. ENGINEER CITY ENGINEER DATE OF COUNCIL ACTION LAMETTI & SONS, INC. CONTRACTOR MAYOR S D F:\WPWIN\1282-01\Excel\voucher\CO-I Council Agenda - 5/28/02 5E. Consideration of adoption of ordinance prohibiting the use of fertilizers containinc; phosphorus. A. REFERENCE AND BACKGROUND: In March of 2001, the City Council approved a resolution supporting adoption of legislation restricting the sale and use of fertilizers containing phosphorus. This past April the Governor signed legislation that bans lawn fertilizer containing phosphorus. The legislation which is effective January, 2004. specifies a phosphorus level of 0% for the 7 county metro area and 3% outside the metro area unless the community adopts an ordinance prior to August 1, 2002 which specifies phosphorus content at something lower than 3%. The legislation limits on phosphorus content apply only to lawn fertilizers and not other agricultural uses. If the City Council wants a lowerlimit on the phosphorus content (less than 3%), it would require passage and publication of an ordinance specifying that lower percentage prior to August 1, 2002. B. ALTERNATIVE ACTIONS: Adopt an ordinance specifying that the City of Monticello is restricting sale and use of any lawn fertilizer with a phosphorus content greater than 0%. 2. Do not adopt an ordinance. Without an ordinance in place, the phosphorus content of any lawn fertilizer could not exceed 3%. C. STAFF RECOMMENDATION: Because of the environmental impacts of phosphorus levels in runoff and the effect it has on water quality, it is the recommendation of the City Administrator that the Council consider adoption of an ordinance restricting the sale and use of lawn fertilizer with a phosphorus content greater than 0%. D. SUPPORTING DATA: ■ Copy of legislation 0 Draft Ordinance ORDINANCE AMENDMENT NO. 378 City of Monticello Wright County, Minnesota AN ORDINANCE AMENDING TITLE 7 OF THE CITY CODE BY ADDING CHAPTER 9, PROHIBITING USE OF FERTILIZERS CONTAINING PHOSPHORUS THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA HEREBY ORDAINS AS FOLLOWS: Section 1. Title 7 of the City Code is hereby amended to add Chapter 9, Prohibiting Use of Fertilizers Containing Phosphorus: SECTION 9-1-1: Purpose 9-1-2: Definitions 9-1-3 : Regulation 9-1-4: Exceptions 9-1-5: Impervious Surfaces and Drainage Ways 9-1-6: Penalty 9-1-1: PURPOSE: The City has considered data that indicates that water quality of lakes, rivers and streams within the community may be maintained or improved if the City is able to regulate the amount of lawn fertilizer and other chemicals entering these bodies of water as a result of storm water runoff or other causes. The purpose of this Chapter is to set forth regulations that will aid the City in managing and protecting its water resources. 9-1-2: DEFINITIONS: For the purpose of this section, certain terms and words are defined as follows: A. Administrator. The individual responsible for overseeing the requirements of the City Code. For purposes of the section of the code, the administrator shall be the Director of Public Works or his/her designee. B. Fertilizer. Fertilizer means a substance containing one or more recognized plant nutrients that is used for its plant nutrient content and designed for use or claimed to have value in promoting plant growth. Fertilizer does not include animal and vegetable manures that are not manipulated, marl, lime, limestone, and other products exempted by Rule by the Minnesota Commissioner of Agriculture. se C. Pesticide. A substance or mixture of substances intended to prevent, destroy, repel, or mitigate a pest, and a substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant. 9-1-3: REGULATIONS: (A) Time of Application: Neither commercial applicators nor noncommercial applicators may apply lawn fertilizer when the ground is frozen or when conditions exist which will promote or create runoff. (B) Sample Analysis Cost. The cost of analyzing fertilizer samples taken from commercial applicators shall be paid by the commercial applicators if the sample analysis indicates that phosphorus content exceeds the levels authorized herein. (C) Fertilizer Content. No person shall apply any lawn fertilizer, liquid or granular, within the City of Monticello which contains any amount of phosphorus or other compound containing phosphorus, such as phosphate, except: 1. The naturally occurring phosphorous in unadulterated natural or organic fertilizing products such as yard waste compost. 1). Or as otherwise provided in Subdivision 9-1-4. 9-1-4: EXCEPTIONS: The prohibition against use of fertilizer containing any quantity of phosphorus set forth under Subdivision 9-1-3 shall not apply to: (A) Newly established turf and lawn areas during first growing season; or (B) Turf and lawn areas which have been confirmed by soil testing to be below phosphorus levels established by the University of Minnesota Extension Services. The lawn fertilizer application shall not contain an amount of phosphorus in excess of that which is recommended in the soil test evaluation. (C) Phosphorus applied as lawn fertilizer pursuant to the aforementioned exemptions shall be watered into the soil so that it is immobilized and protected from loss by runoff. 9-1-5: IMPERVIOUS SURFACES AND DRAINAGE WAYS. No person shall apply fertilizer to impervious surfaces, areas within drainage ditches, or waterways. 9-1-6: PENALTY. Any person violating this Chapter of the Code shall be guilty of a petty misdemeanor. Section 2: Effective Date. This ordinance shall take effect from and after its passage and publication. 2 SE Adopted by the Monticello City Council this day of 2002. Roger Belsaas, Mayor ATTEST: Rick Wolfsteller, City Administrator 5E MINNESOTA SESSION LAWS CHAPTER 345-S.F. NO. 1555 An act relating to agriculture; providing a preemption of local regulation of phosphorus fertilizers; regulating the use on turf of certain fertilizers containing phosphorus; providing for enforcement; prohibiting fertilizer applications to an impervious surface; requiring a report; amending Minnesota Statutes 2000, Sections 18C.005, by adding a subdivision; 18C.211, subdivision2; proposing coding for new law in Minnesota Statutes, Chapter 18C. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2000, Section 18C.005, is amended by adding a subdivision to read: Subd. 18a. [LOCAL UNIT OF GOVERNMENT] "Local unit of government" has the meaning given in Section 1813.0 1, subdivision 14a. Section 2. [18C.1190] [PREEMPTION OF LOCAL LAW] (a) Except as specifically provided in this chapter, a local unit of government may not adopt any ordinance, regulate or in any way restrict the distribution, sale, handling, use, or application of phosphorus fertilizers and phosphorus fertilizer products that are applied or will be applied to land used for growing crops or any other agricultural use. (b) Except as specifically provided in this chapter, a local unit of government may not adopt any ordinance that prohibits or regulates the registration, labeling, distribution, sale, handling, use, application, or disposal of turf fertilizer containing phosphorus. (c) This section does not prohibit a local ordinance that restricts the sale of turf phosphorus fertilizer that was in effect on August 1, 2002. (d) This section does not preempt local authority or responsibility for zoning, fire codes, or hazardous waste disposal. (e) Paragraphs (a) and (d) are effective the day following final enactment. Paragraphs (b) and (c) are effective January 1, 2004. 5� Section 3. Minnesota Statutes 2000, Section 18C.21 1, subdivision 2, is amended to read: Subd. 2 [GUARANTEES OF THE NUTRIENTS] (a) A person may guarantee plant nutrients other than nitrogen, phosphorus, and potassium only if allowed or required by commissioner's rule. (b) The guarantee for the plant nutrients must be expressed in the elemental form. (c) The sources of other elements, oxides, salt, and chelates, may be required to be stated on the application for registration and may be included as a parenthetical statement on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the commissioner and with the advice of the director of the agricultural experiment station. (d) If plant nutrients or other substances or compounds are guaranteed, the plant nutrients are subject to inspection and analyses in accord with methods and rules prescribed by the commissioner. (e) The commissioner may, by rule, require the potential basicity or acidity expressed in terms of calcium carbonate equivalent in multiples of 100 pounds per ton. (f) The plant nutrients in a specialty fertilizer must not be below or exceed the guaranteed analysis by more than the investigational allowances established by rule. Section 4. [18C.60] [PHOSPHORUS TURF FERTILIZER USE RESTRICTIONS] Subd. 1. [DEFINITIONS] (a) The definitions in this subdivision apply to this section. (b) "Metropolitan county" means any of the following counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington. (c) "Turf' means noncrop land planted in closely mowed, managed grasses including, but not limited to, residential and commercial residential property, private golf courses, and property owned by federal, state, or local units of government, including parks, recreation areas, and public golf courses. Turf does not mean pasture, hayland, hay, turf grown on turf farms, or any other 2 5G form of agricultural production. Subd 2. [PHOSPHORUS USE RESTRICTIONS] (a) A person may not apply a fertilizer containing the plant nutrient phosphorus to turf in a metropolitan county, except under conditions listed in paragraph (d). (b) A person may not apply granular fertilizer containing greater than three percent phosphate (P205) by weight, or liquid fertilizer at a rate greater than 0.3 pound phosphate (P205) per 1,000 square feet, to turf in a county other than a metropolitan county, except under conditions listed in paragraph (d). (c) A local unit of government in a county other than a metropolitan county may adopt paragraph (a) in place of paragraph (b). The local unit of government must notify the commissioner of the adoption of paragraph (a) within 30 days of its adoption. The commissioner shall maintain a list of local units of government in counties other than a metropolitan county that have adopted paragraph (a). (d) Paragraphs (a) and (b) do not apply when: 1. A tissue, soil, or other test by a laboratory or method approved by the commissioner and performed within the last three years indicates that the levels of available phosphorus in the soil is insufficient to support healthy turf growth; 2. The property owner or an agent of the property owner is first establishing turf via seed or sod procedures, and only during the first growing season; or 3. The fertilizer containing the plant food phosphorus is used on a golf course under the direction of a person licensed, certified, or approved by an organization with an ongoing training program approved by the commissioner. (e) Applications of phosphorus fertilizer authorized under paragraph (d), clause (1) or (2), must not exceed rates recommended by the University of Minnesota and approved by the commissioner. Subd. 4 [RESEARCH EVALUATION; REPORT ] The commissioner, in cooperation with the University of Minnesota and the University J SC of Minnesota extension service, and, after consultation with representatives of the fertilizer industry, lakes groups, and other interested or affected parties, shall evaluate research needs and encourage targeted research opportunities to investigate the effects of phosphorus fertilization of turf on urban stormwater quality. The commissioner must evaluate the effectiveness of the restrictions on phosphorus fertilizers under this section and report to the legislature by January 15, 2007. Section 5. [ 18C.61 ] [FERTILIZER APPLICATION TO AN IMPERVIOUS SURFACE; PROHIBITION.] (a) A person may not apply a fertilizer to an impervious surface. Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site, or returned to the original or other appropriate container. (b) For the purposes of this section, "impervious surface" means a highway, street, sidewalk, parking lot, driveway, or other material that prevents infiltration of water into the soil. Section 6. [ 18C.62] [ENFORCEMENT] Sections 18C.60 and 18C.61 are enforced by local units of government under their existing authority. Violation of a provision in either of these sections is a petty misdemeanor. Section 7. [EFFECTIVE DATE] Section 4 is effective January 1, 2004. 4 Council Agenda - 5/28/02 5F. Consideration of calling for a public hearing to consider vacation of a portion of Cedar Street. (RW) A. REFERENCE AND BACKGROUND: With the extension of Dundas Road to TH 25 as part of the TH 25 project that was completed a couple of years ago, the portion of Cedar Street that lies south of Dundas Road is no longer being used. One of the adjacent property owners, Glen Posusta (Amax Storage) has requested that the City consider vacating the right of way. If Cedar Street is vacated, the west half of Cedar Street would be combined with the remnant parcel the City owns between Cedar Street and TH 25 that could be sold. The land area that would be available for sale by the City would be approximately 21,700 sq. ft. and the east half of Cedar Street would contain about 9, 93 5 sq. ft. that would be transferred to the adjoining property owner at no cost. Although the disposition of the property owned by the City can be determined later, the Council is asked to set a public hearing to consider vacation of the Cedar Street right of way that is no longer necessary for right of way purposes. State statutes require at least a two week notice be published and therefore it is recommended that the vacation hearing be held at the second meeting in June, June 24"'. B. ALTERNATIVE ACTIONS: 1. Set a public hearing date to consider vacation of that portion of Cedar Street lying south of Dundas Road for June 24, 2002. 2. Do not consider vacation at this time. C. STAFF RECOMMENDATION: With Dundas Road now intersecting with TH 25, the need for keeping Cedar Street south of Dundas Road for right of way purposes is no longer necessary. As a result, it is recommended that the process be started whereby the Council can consider vacating the right of way which will then allow the City to negotiate a sale of the balance of the property owned by the City to the adjoining property owner or other interested parties. D. SUPPORTING DATA: Map depicting area of Cedar Street to be vacated. City Council Agenda - 05/28/02 5G. Consideration of nvrovini the final plat of the Groveland Center. (JO) REFERENCE AND BACKGROUND City Council is asked to consider approval of the final plat of the Groveland Center. As you recall at the previous meeting of the City Council, Council granted approval of a license allowing a building encroachment into the sanitary sewer easement. Council is now asked to grant formal approval of the final plat which consists of a two lot subdivision. Once parcel will be the home of the Groveland Center and the other will be vacant in the short term but likely the home of a future restaurant. The land area contained within this plat was originally developed under the original Groveland development project, therefore there is no development agreement associated with this plat. Development fees will be covered in conjunction with the building permit. Staff has accepted this request for final plat approval under the premise that the previously approved development stage PUD and associated public hearing process is equal to the preliminary plat application process. Therefore, a formal preliminary plat is not necessary in conjunction with approval of the final plat. ALTERNATIVE ACTIONS 1. Motion to approval the final plat for the Groveland Center. Final plat approval based on development stage PUD process which allows preliminary plat process to be waived. 2. Motion to deny approval of the final plat of the Groveland Center. STAFF RECOMMENDATION Staff recommends approval. SUPPORTING DATA Copy of Final Plat rove and Cen+er T I ^, N75024'49.,w 353.80 I �1� I 66 I I I I I � 1 � r 1 I I CV 1\I L—J IO W \\ — Z \ / ,—♦ \ „ - o6LLJ ,/. f \♦� -- i$-- DRAINAGE k UTILITY EASEMENT t I \ L 1 J Q _ / BLOCK CV'_. - 1 1• ;;; - F` La- tp 14- \ _ S85 49'37"W -------J I o ' -- - - 305.85 / r ' � d Z r\J 5 I vl 1\ 1 I i v iN I DRAINAGE & UTILITY LOT 1 . EASCMENT I ♦� t, l I I' s s- DRAINAGE & unuTY Qi --WRIGHT COUNTY MONUMENT/ SW CORNER \� EASEMENT—c' _ --SOUTH /--SOUTH LINE OF OF \ SEC. 111, T. ; SEC. 11, T. 121, i21, R. 25 `�S S88642'37"W _ ASI 232.66 1 \--NORTH OUTLOT N a2A LIN SEC. 0 1 t'3W- ,�2 A 1 14, i I 66 / ,y♦ \ J I I 66 City COUnCII Agenda - 05/28/02 5H. Consideration of establishin4 a development review deposit/escrow account for development prof ects and plannin! case prof ects. (JO) REFERENCE AND BACKGROUND City Council is asked to consider establishing a policy/process for collecting development related expenses which would require developers to provide a deposit prior to city staff/consultant review. Currently, the city policy is somewhat forgiving when it comes to recovering costs associated with staff and consultant review of planning cases and development projects. Here is what the current policy consists of: For review of new subdivisions, we have found that staff review expenses, including inspections, runs at about 8-10% of total construction cost. The city charges 8% for staff review of new subdivisions which is incorporated into every development agreement. When it comes to development projects that do not require construction of city utilities such as development of an office, industrial or apartment buildings on an existing developed parcel, we have taken the position that the building permit fee is sufficient to cover both building review expense and expenses associated with engineering and planning review. In recent years staff has found that not all development projects proceed efficiently toward construction. In some cases the City Engineer may be required to review a project numerous times due to multiple plan revisions. Some projects are never built. These projects are a drain on city resources. The idea of establishing a project review deposit fee is in response to this situation. Here is how it might work: At first contact with the city, developers would be informed that they must meet with city staff at a "pre -planning" conference at which time relevant land and building development standards, ordinances and policies would be reviewed with the developer. This meeting would be free of charge to the developer and intended to provide information that would enable the developer to get off to a good start on development planning for the site. Staff has found over the years that conducting a thorough pre -planning meeting is the key to a smooth development process. After the pre -planning meeting the developer completes plans, then submits the plans to the city. At this point, in conjunction with receiving plans, the city would require a site review deposit. Staff proposes that the site review deposit be established at $5,000 which is equal to a similar deposit required by the City of City Council Agenda - 05/28/02 Otsego. Building plans/site plans and/or planning case applications would not be accepted until this deposit is provided. This deposit would not apply to simple planning cases related to single family residential projects initiated by home owners. Plans would then be distributed to consultants for review. Consultants fees associated with each project would be tracked against the deposit by the Finance Dept. Coding invoices and tracking expenses would be the responsibility of an employee designated by the City Administrator. When costs against the deposit exceeds $5,000 a new deposit would be required prior to further staff review. City staff expenses related to project development would continue to be covered via building permit fee and via planning case application fees. At project completion the unused portion of the deposit would be returned to the developer at the developer's request. The positive aspects of this policy are as foHows: • Requires pre -planning meeting which helps to start projects out on the right foot. • This policy will shift some of the city related development expenses from general taxes to the development community. This can be viewed as a positive. • Establishes city position that developer related expenses will be recovered. May reduce tendency of some developers to use city consultants for "free advice". • Establishes a simple discipline for city collection of development expenses in addition to the fees collected at building permit. • City expenses are discussed at the front end of the project which eliminates "surprise"city expenses at the end of a project. The possible negative aspects of this policy are as follows: • Shifting development expenses to the development community could be viewed as "anti -development". • An across the board $5,000 fee may not be appropriate in all cases. In some instances this amount is too low, in other cases it might be high. Unfortunately, it is not easy to establish the proper deposit at the front end of projects therefore the flat rate is proposed. • Monitoring expenses against deposit will require additional staff time, but will result in revenue exceeding the cost of the added administrative staff time. • Council may wish to modify this policy or give staff discrection when applying the deposit requirement for more complicated projects in the "redevelopment 2 City COL11161 Agenda - 05/28/02 area" of the City. Redevelopment projects tend to be much more complicated and result in greater benefit to the city as a whole. Perhaps staff time spent on redevelopment projects could fall into a different category for recovery. ALTERNATIVE ACTIONS 1. Motion adopting or modifying and adopting a policy requiring a $5,000 deposit prior to staff review of development projects as noted above. 2. Motion to table the matter. 3. Motion denying adoption of said policy. STAFF RECOMMENDATION According to Steve Grittman and Bret Weiss, many other cities have stricter policies for recovering development expenses. The City of Otsego is currently following a similar policy. It is the view of the City Administrator that it is time for the city to take a more aggressive and systematic approach in recovering development expenses. Adoption of this policy with modifications as desired by the City Council would be a step in this direction. SUPPORTING DATA None Council Agenda - 5/28/02 7. Supplemental public hearinLy - Consideration of improvements to CSAH 75. Proiect No. 2000-16C. (RW) A. REFERENCE AND BACKGROUND: A public hearing was held by the Council on April 22nd for the CSAH Improvement Project. Three property owners on the west end of the project received their public hearing notice a few days short of the ten day advanced notice and it is recommended that the Council hold a second public hearing on the improvement project for these three property owners. A second hearing notice was sent to the three property owners and the Council should open the hearing to receive any input from those individuals prior to proceeding with the project. The City Engineer, Bret Weiss will be at the Council meeting and be available to answer any questions concerning the projects impact on these individuals. An assessment workshop will have been held by the Council earlier in the evening and some potential assessment options may be available for review. Although the actual assessments would not be calculated until the end of the project, if an assessment policy has been established, this can be shared with property owners Monday night. During our review of the assessment policies and how it may apply to CSAH 75, staff recognized that homeowners within the Prairie West townhouse development along West Broadway were not included in previous public hearing notices. Because this development has their only access to County Road 75 through private roads, it is the staff's feeling that the Prairie West development may also be subject to assessments for the CSAH 75 improvement and should be included in another supplemental public hearing just for them. It is suggested that the third public hearing on this project be scheduled for the first meeting in June, June l Oth for the Prairie West development property owners. B. ALTERNATIVE ACTIONS: The Council should receive any comments from the three property owners and close the public hearing and set June 10, 2002 as the date for an additional supplemental public hearing on CSAH 75 Improvement for the Prairie West property owners. In the future, the Council will be provided with utility plans for the CSAH 75 project and final plans from Wright County before being asked to authorize advertisements for bids. C. STAFF RECOMMENDATION: Alternative #1 is recommended for adoption. c PAYMENTS FOR PUBLICATION APPROVED 5/28/2002 FOR PAYMENTS THROUGH 05/17/2002 Vendor Name Description Amount ACTION SERVICES BY VEIT JUNK AMNESTY 100.65 ANDERSON -CRANE RUBBER CP 20.13 ARAMARK UNIFORM SERVICES, INC. 346.36 ARCTIC GLACIER ICE 284.28 BERNICK COMPANIES/THE 1.032.52 BOSE/TOM 89.99 CENTRAL APPLIANCE RECYCLERS JUNK AMNESTY 2,763.00 COSTUME SHOPPE/THE 3 COSTUMES WALK & ROLL 120 DAHLHEIMER DISTRIBUTING CO 6,155.65 DAVE LEMKE JUNK AMNESTY 452 DAY DISTRIBUTING COMPANY 1,375.50 EAGLE FOUNDRY OF UTAH, INC 100 G & K SERVICES 148.51 GRAINGER, INC/W.W. 48.78 GRIGGS, COOPER & COMPANY 1,056.88 GROSSLEIN BEVERAGE INC. 6,461.30 HEGGIES PIZZA 384 HENRY & ASSOCIATES 1,173.00 J H LARSON COMPANY 82.43 JAM'N JO ESPRESSO STOP CAKES FOR RESALE 99 JOHNSON BROS WHOLESALE LIQUOR 1,978.89 KENTUCKY FRIED CHICKEN JUNK AMNESTY 126.46 LARSON'S ACE HARDWARE TEMP DISTRIBUTION 3,277.60 MELTON/RUSSELL LIBRARY CLEANING 227.5 MONTICELLO ANIMAL CONTROL CONTRACT 1,289.54 MONTICELLO TIMES 12,543.48 MUNICIPAL CLERKS&FINANCE OFFIC D GROSSINGER 35 OLSEN FIRE INSPECTION INC 413.85 OTIS SPUNKMEYER 58.3 PATCH/FRED DEFIBULATOR CABINET 241.76 PHILLIPS WINE & SPIRITS CO 13,861.29 PINNACLE DISTRIBUTING 161.44 PIONEER DRAMA SERVICE 15 PIPELINE SUPPLY, INC. 10.61 RIE COATINGS 45 SHUMAN/CATHY MGFOA/FIRKINS/SHUMAN 59.93 TDS INTERNET SERVICES APR -MAY 398 TDS TELECOM(WI) 6,593.39 THORPE DISTRIBUTING COMPANY 10,687.15 US FOODSERVICE 274.45 VEIT DISPOSAL SYSTEMS JUNK AMNESTY 233.75 VIKING COCA COLA 226.53 WATSON CONAPANY IN('/THF 1111 nA -n L IG. IL WINE COMPANY/THE 2,130.00 XCEL ENERGY-MPLS 30.3 Final Totals... 77,425.32