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City Council Minutes 11-24-1997 (2)MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, November 24, 1997 - 7 p.m. Members Present: Bill Fair, Clint Herbst, Brian Stumpf, Roger Carlson, Bruce Thielen Members Absent: None Councilmember Roger Carlson noted that his name should be corrected on page 2 of the minutes. A MOTION WAS MADE BY ROGER CARLSON AND SECONDED BY BRUCE THIELEN TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD NOVEMBER 10, 1997, AS AMENDED. Voting in favor: Bill Fair, Roger Carlson, Bruce Thielen, Clint Herbst. Abstaining: Brian Stumpf. Motion carried. 3. Consideration of adding items to the agenda. A. Add Item 5E to consent agenda to consider approving final payment to RKI for Briar Oakes 2nd Addition and River Street sanitary sewer - Projects 96-02C and 96-06C. 4. Citizens comments/petitions, requests, and complaints. A. Mr. Harold Pittman stated that he was looking for volunteers to help haul trees and brush from the Little Mountain Settlement, which is still being cleaned up due to the July 1 storm. He also noted that if the City would cover the expenses, Schluender would haul the trees and brush. Public Works Director John Simola explained that the City Council offered to assist through December 1 by contracting removal of brush and trees, with the cost being assessed to the property owners for 10 years at an interest rate of up to 8%. He also noted that Scott Douglas or Mark Wallin of the Monticello Fire Department could be contacted if the Little Mountain Settlement elected to burn the brush. B. Ms. Billy Jo Smith asked if she should speak at this time regarding the High School Trunk Storm Sewer Project assessment. Mayor Fair noted that comments regarding the assessment would be taken during the public hearing under item #7. Page 1 Council Minutes - 11/24/97 C. Mr. Robert Harwarth questioned how much input the voters would have on the proposed community center and whether a referendum would be held. He also asked where the community center was proposed to be located. Council members and staff explained that a task force was established to study the issue of building a training and community center in conjunction with the National Guard. Proposed financing includes lease revenue bonds, which is still under study by the task force. The proposed location is a 7 -acre site on Walnut and Sixth Streets, which stemmed from citizen input through the MCP plan. No Council action was required. 5. Consent agenda. A. Consideration of purchasing a 1 4 -acre lot from TDS Telecom, located on West County Road 39 near the public works building. Recommendation: Authorize City staff to purchase the property owned by TDS on West County Road 39 for an amount of $48,500 using reserves from the water access fund. B. Consideration of approval of change order #8 for Wastewater Treatment Plant expansion - Project 93-14C. Recommendation: Approve change order #8 to the contract with Adolfson & Peterson in the amount of $25,643 as outlined. C. Consideration of adopting a resolution adopting assessment roll for Briar Oakes 2nd Addition - Project 96-02C. Recommendation: Adopt a resolution adopting the assessment roll as prepared by the City Engineer for the 32 lots in Briar Oakes Estate 2nd Addition. SEE RESOLUTION 97-57. D. Consideration of resolution accepting the Monticello Lions Club request to adopt the Lions Club Pioneer Park (Klein Farms). Recommendation: Adopt a resolution accepting the Lions Club's request to adopt the Lions Club Pioneer Park. SEE RESOLUTION 97-58. E. Consider approving final payment to RKI for Briar Oakes 2nd Addition and River Street unitary sewer Projects 96-02C and 96- 0-6C. Recommendation: Authorize final payment to RKI in the amount of $126,178.68 upon receipt of all final lien waivers, etc., for the project. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO APPROVE THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously. Page 2 Council Minutes - 11/24/97 6. Consideration of items removed from the consent agenda for discussion. None. 7. Public Hearing --Consideration of adopting a resolution adopting assessment roll for high school storm sewer - Project 97-07C. City Engineer Bret Weiss reported that as part of the new Monticello High School construction project, it was necessary for the City to construct trunk storm sewer through the high school parcel to provide an outlet from the Cardinal Hills development, through the high school property, and eventually discharging into various ponds heading toward the Mississippi River. The project also provided lateral benefit for the high school development. The total amount of the project to be assessed is $31,196.29, with the balance of $133,265.02 to be collected by future trunk charges. Mayor Fair opened the public hearing. Cardinal Hills residents questioned whether the assessment was a one-time or yearly charge and whether other developments would also be assessed for utility services. The City Engineer explained that the assessment is a one- time charge that could be paid in full or spread over 10 years. He also noted that since the trunk storm sewer fee program was not in place at the time of the Cardinal Hills development, the City was required to assess when the project was completed rather than collect the necessary amount previously from the developer. However, developers would pay the necessary fees upfront for areas developing after implementation of the trunk storm sewer fee program. There being no further public comment, Mayor Fair closed the public hearing. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO APPROVE. A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE HIGH SCHOOL STORM SEWER, PROJECT 97-07C, AS PROPOSED. Motion carried unanimously. SEE RESOLUTION 97-59. Chief Building Official Fred Patch reported that after reviewing Mr. Johnson's appeal for a variance to the rear yard setback, the Council previously tabled the request and directed staff' to work with the applicant in an effort to meet the zoning code and satisfy Mr. Johnson's needs. Page 3 Council Minutes - 11/24/97 Staff reviewed various options and proposed a site plan using the same size building, sufficient parking stalls, and provided for internal circulation in the area between the two properties with an enter and exit only. However, Mr. Johnson preferred his original site plan which would allow a future addition to the rear of the building if the City vacated the Marvin Road right- of-way. In the plan proposed by staff, any future addition would cause a slight bend in the building. Council discussed the Marvin Road right-of-way and whether it was possible to grant a variance without setting a precedent based on the speculation that it may be vacated in the future. City Planner Steve Grittman noted that the situation was unique in that there was no commitment at this point on whether Marvin Road would be vacated; however, it was difficult to determine how unique this situation would be from future variance requests. AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER CARLSON TO GRANT A VARIANCE TO THE REQUIRED 30 -FT SETBACK, ALLOWING A 10 -FT ENCROACHMENT AS DEPICTED BY THE SITE PLAN SUBMITTED BY THE APPLICANT, BASED ON THE FINDING THAT MARVIN ROAD MAY BE CONSIDERED FOR POSSIBLE VACATION IN THE FUTURE. Voting in favor: Brian Stumpf, Roger Carlson, Clint Herbst. Opposed: Bruce Thielen, Bill Fair. Motion carried. 9. Consideration of proposed zoning ordinance revisions implementing the goals and objectives of the Downtown Revitalization Plan in downtown Monticello Applicant; City of Monticello. City Planner Steve Grittman reported that since the adoption of the MCP Plan as an amendment to the City's Comprehensive Plan, a new zoning district was being proposed to implement the Plan which was specifically tailored to the unique aspects of Monticello's downtown. The district was titled Central Community District because it is expected that the district will include more than just business that the common title "Central Business District" would infer. Grittman went on to describe the unique components of the new district and noted that the MCP would like to see relaxed sign regulations in the downtown area; however, he did not recommend standards which would be too flexibly applied within the CCD district. Once the ordinance language has been adopted, rezoning of a designated downtown area would take place at a future public hearing. Page 4 Council Minutes - 11/24/97 AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO APPROVE THE ORDINANCE AMENDMENT CREATING A CENTRAL COMMUNITY DISTRICT AS A LAND USE DISTRICT IN THE MONTICELLO ZONING ORDINANCE BASED UPON THE FINDING THAT THE AMENDMENT WOULD IMPLEMENT THE GOALS AND OBJECTIVES OF THE COMPREHENSIVE PLAN. Motion carried unanimously. SEE ORDINANCE AMENDMENT NO. 299. 10. Consideration of 9 -month liquor store report. In his staff report, City Administrator Rick Wolfsteller noted that the 9 - month gross profit had increased to $348,707 from $321,000, resulting in an operating income at 12.4/0 of sales. Because the 4th quarter is typically one of the higher quarters for sales volume and income potential, it was estimated that total annual sales for 1997 would be near or exceeding $2 million for the first time. Liquor Store Manager Joe Hartman reported that sales have been good in 1997; however, due to limited storage space, it was his view that his buying power would limit future increases in sales. Mayor Fair noted that perhaps staff could investigate the cost of expansion once costs are defined for the core facility of the community center. No Council action was taken at this time. o. l . 1 "I'LA a Mr. Al Deruyter, a resident of Buffalo Township, presented information to the Council concerning the proposed FCR Superior Landfill expansion plans proposed for their site in Monticello Township. He noted that the landfill currently accepts garbage from many areas throughout the state and encouraged the City Council and staff to contact their Wright County Commissioners regarding the magnitude of the expansion request. Public Works Director John Simola agreed that the proposed expansion of the landfill would not be good for Wright County and also encouraged the Council to contact their County Commissioners. No Council action was required at this time. Page 5 Council Minutes - 11/24/97 12. Consideration of scheduling a meeting with Monticello Township to discuss annexation issues. City Administrator Rick Wolfsteller reported that at their last meeting, the Council approved the idea of submitting a proposal to the Township Supervisors concerning amendments to the Orderly Annexation Area in an attempt to resolve the annexation disputes. The proposal as prepared by Planner Steve Grittman was forwarded to Township Chairman Franklin Denn, along with a cover letter offering the proposal as a solution to the annexation petitions. The Township Board discussed the City's proposal on November 17, after which the Township Clerk contacted the City Administrator to schedule the first of three meetings to discuss the annexation proposal as requested by the Municipal Board. The City Administrator requested information regarding to what sections of the proposal were in dispute so that an agenda for the joint meeting could be prepared. The Township Clerk indicated that the Township attorney would be sending a letter in response to the City's proposal; however, it had not yet been received. Township Supervisor Ted Holker responded that he felt it would be better to meet and discuss the proposal rather than responding in writing. Councilmembers discussed whether it would be best to wait until the Township Attorney's response is received prior to scheduling the joint meeting or possibly have the City and Township attorneys meet initially to discuss the proposal. No Council action was taken at this time to schedule a joint meeting with the Township Board. 13. Consideration of bills for the last half of November, 1997 A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY BRUCE THIELEN TO APPROVE THE BILLS FOR THE LAST HALF OF NOVEMBER AS PRESENTED. Motion carried unanimously. A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN STUMPF TO ADJOURN THE MEETING. Motion carried unanimously. J r- a��Zj K r 'Doty Office Manager Page 6