City Council Minutes 01-12-1998MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, January 12, 1998 - 7 p.m.
Members Present: Bill Fair, Clint Herbst, Brian StumpF, Roger Carlson, Bruce
Thielen
Members Absent: None
2. Apy~-oval of minutes.
A. ~ymval of ,n ,tPS of hp .e~ilar, m _,Prkinu held Decemher A. 1997
A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY BRIAN
STUMPF TO APPROVE THE MINUTES OF THE REGULAR MEETING
HELD DECEMBER 8, 1997, AS WRITTEN. Motion carried unanimously.
B. Annmv 1 of , as of ~h eye~~l meeting h ld D r 22. 19 7
A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER
CARLSON TO APPROVE THE MINUTES OF THE SPECIAL MEETING
HELD DECEMBER 22, 1997, AS WRITTEN. Motion carried unanimously.
C.
Councilmember Clint Herbst requested that the fifth paragraph be
amended to reflect his opposition to the motion regarding the
Municipal Board hearing scheduled for January 12, 1998.
A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRUCE
THIELEN TO APPROVE THE MINUTES OF THE SPECIAL MEETING
HELD JANUARY 5, 1998, AS AMENDED. Voting in favor: Clint Herbst,
Bruce Thielen, Bill Fair. Abstaining: Roger Carlson, Brian Stumpf.
Motion carried.
3. Coneidrration of adding items to the a~gndp.
None.
4. ('itizena o m n c/n tifons a a a d mpl~te.
A.
Mr. Doug Franks presented a petition including 653 names requesting
that the City hold a referendum on building the community center/city
hall and asked how many names were needed to bring the item to a
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Council Minutes - 1/12/98
vote. He also stated that Councilmember Carlson should not vote on
community center issues due to a conflict of interest. Mayor Fair
accepted the petition and noted that Minnesota Statutes do not require
a referendum by petition for lease revenue bonds.
Ms. Betty Hayes asked what the Council intended to do with the
petition since a referendum was not required. Mayor Fair responded
that the issue before the Council at this time was to approve a
community information meeting and that the petition would be
addressed at the time Council votes on the community center proposal.
Mr. Duane Carlson stated that the Council represents the people and
that residents should have an opportunity to vote on a $10 million
project.
Mr. Bob Harwarth stated that he attended the HRA meeting on
January 7 and noted that Monticello Township and Silver Creek
Township residents are members of the task force and wouldn't be
paying taxes an the communty center. He also stated that comments
were made at the HRA meeting that the proposed site is not big
enough far a community center.
Mayor Fair thanked the citizens for their comments and noted that
public comment will be taken at the community presentation on
January 20 if the presentation and meeting are authorized by Council.
5. consent agenda.
A.
Recommendation: Adopt the
resolution supporting Minnesota Department of Health study of
mobile home parks. SEE RESOLUTION 98-1.
B.
of Monticello. Recommendation: Approve rezoning the 20.76-acre
HIucas property, addressed 1980 River Street West, from R-3 (medium
density residential) to R-2 (single and two_family residential) based an
the finding that R-2 provides a mare compatible transition between
neighborhoods and that the R-2 zoning district is consistent with the
comprehensive plan. SEE ORDINANCE AMENDMENT N0.3p3.
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Council Minutes - 1/12/98
C.
Goenlan. Recommendation: Approve the conditional use permit to
allow a commercial office in the PZM zone based on a finding that the
proposed use would be compatible with the comprehensive plan for the
area, subject to the following conditions:
1. A plan for landscaping and screening of the parking area
from adjacent residential uses is provided, together with
the appropriate landscape surety.
2. One of the existing 12-ft curb cuts and driveways is
eliminated and the other is widened to a two-way, 24-ft
wide driveway.
3. The Building Official certifies the structure as meeting
the building codes applicable to commercial office
buildings.
J
4. An on-site surety in the form of a performance bond or
letter of credit must be provided to the City guaranteeing
that within two years of the City Council approval of this
conditional use permit, concrete curb and gutter will be
installed around all driveway and parking areas as
required by ordinance.
D.
Recommendation: Approve
the conditional use permit to allow erection of signs at 103 Pine Street,
subject to the following conditions:
1. Only three wall signs and one pylon sign may be allowed.
Only two wall signs maybe business identification signs
and one wall sign may be a product identification sign.
One pylon sign may be allowed, and that sign must be a
product identification sign to include a listing of available
products and services.
2. The total area of signs to be erected on any wall of the
building must not exceed 100 sq ft in area, and the pylon
sign must not exceed 58 sq ft in area.
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Council Minutes - 1/12/9$
3. As a new sign is being erected an the south side of the
building, the sign plan must be redesigned to develop
signs for the south side of the building that are consistent
in design, material, shape, and method of illumination.
4. Any future alteration of signs must be consistent with
this conditional use permit. Prior to altering any signs,
the property owner must apply for and receive a sign
permit from the Zoning Administrator. The Zoning
Administrator may find that the application is consistent
with this conditional use permit and issue a permit for
the alteration, otherwise the applicant must receive
further amendment to this conditional use permit.
E.
Wig. Recommendation: Approve the zoning ordinance
amendment to allow truck repair by interim use permit based upon the
findings that the amendment would be consistent with the City's goals
in the Trunk Highway 25 corridor and would be consistent with the
intent of the B-3 zoning district.
SEE ORDINANCE AMENDMENT N0.3Q4.
F. ('on 'd r^ ion of Prim ,s n it llnwine oceration nfa
Recommendation: Approve the interim use permit for operation of
Danner Trucking in a B-3 zone based on the finding that the interim
use permit allows the City to manage the current and future land use
of the area, and the conditions attached to the permit would mitigate
the potential negative impacts of an industrial use in the commercial
district. Permit is subject to the following conditions:
1. Compliance with the terms of the ordinance amendment
allowing trucking service as an interim use in the B-3
district.
2. Revision of the site plan to show adequate parking (or
parking area) with appropriate improvements, including
paving and curbing.
3. Revision of the site plan to show more than 6,pOQ sq ft of
trailer parking area, with a gravel surface and a method
of gravel containment.
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Council Minutes -]./12/98
4. Submission of a land survey and site plan drawn to scale
documenting adequate dimensions of the site to
accommodate the proposed layout.
5. Submission of financial guarantees to ensure installation
of all improvements as shown on the final site plan.
6. Execution of a development contract for the interim use
permit indicating a specific termination date for the
permit, signed by the City and the applicant.
7. Compliance with all building code requirements.
$. The applicant must have control of the land area
considered for the interim use and as depicted by the
proposed site plan.
G. Consideration of an ordinance amendi g Chapter 3+ Secl.~~~.2fFl' Qf
Recommendation: Approve the ordinance amendment amending
Title 1D, Chapter 3, Section 2[F], establishing regulations for the
installation offences. SEE ORDINANCE AMENDMENT NO.3Q5.
H.
Recommendation: Approve becoming the fiscal agent for the
Monticello Community Band grant application to the Central
Minnesota Arts Board.
I. -
14C' Wastewater Treatment_P_Iant~xp~n~iQn. Recommendation:
Approve change order #9R and grant Adolfson & Peterson a 31-day
extension for the completion of SBR Tanks 3 and 2 by February 1,
1995, completion of a temporary chlorine system by March 1, 1998,
and completion of the administration building by January 2p, 1998.
J.
County. Recommendation: Approve the 1998 highway
maintenance agreement with Wright County as presented.
A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRUCE
THIELEN TO APPROVE THE CONSENT AGENDA AS RECOMMENDED. Motion
carried unanimously.
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Council Minutes - 1/12/98
s.
None.
7. --
Ts~ki~ng.
Assistant Administrator Jeff Q'Neill reported that Bob Danner of Danner
Trucking requested that the City vacate a portion of Marvin Road on the east
side of Highway 25 to enable Danner Trucking to obtain a portion of land
needed to develop the site as approved under banner's interim use permit.
Under the proposed vacation, half of the right-of--way would become the
property of Danner Trucking, and the other half would go to the City for
future Dundas Road right-of way. In order to complete the site, Danner
would also need to purchase the City half of the vacated property, along with
the remnant parcel left after City acquisition of Dundas Road right-of--way.
O'Neill noted that the City Attorney is working on obtaining title to the land
area needed far Dundas Road through the condemnation process. Staff
recommended approval of the vacation contingent on completion of the
condemnation process for acquisition of Dundas Road right-of--way and
contingent on development of an agreement between the City and Danner
regarding sale of land to Danner.
Mayor Fair opened the public hearing.
Mr. Jim Fleming, attorney representing Bob Danner, noted that the question
of title to an irregular parcel shown as being awned by the Minnesota
Department of Highways is actually deeded to Mr. Mel Wolters, who is
willing to sell a portion of the parcel in question to Mr. Danner and convey
the rest to the City.
Councilmember Herbst questioned whether it might be easier if Mr. Danner
purchased the entire parcel and then swapped land with the City.
Mr. Fleming agreed and did not think Mr. Danner would object to a land
swap.
Mr. Dean Rasmussen, owner of Glass Hut, asked if the Council intended to
vacate Marvin Raad on the west side of Highway 25. Staff noted that the
City considers vacations once an application for street vacation has been filed
with the City.
There being no further comment from the public, Mayor Fair closed the
public hearing.
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Council Minutes - 1/12/98
Mayor Fair opened the public hearing.
Hospital Administrator Barb Schwientek reported that a purchase
agreement between the School District and the Hospital District for land on
the north side of CSAH 75 has been signed by the School Board, and access
agreements are being prepared by the Hospital's attorney for private
property owners who now use Hart Boulevard to access County Road 75.
Schwientek requested that the Council consider granting the vacation of
Hart Boulevard at no cost to the Hospital District since sewer and water
easements would be retained, access far sludge trucks would be retained,
water and sewer line replacement and enlargement would be completed
during construction of District parking and building facilities, the City would
receive building permit fees fvr the major buildings being constructed, no
building could take place over the vacated street, and future maintenance of
the street would be the responsibility of the Hospital.
There being no further comment from the public, Mayor Fair closed the
public hearing.
Council discussed whether the fee for the vacated property should be waived
or whether compensation is due to the City since compromises were made to
accommodate the PUD. City Administrator Rick Wolfsteller noted that the
City has sold vacated property in the past and that the Hospital paid $0.61
per sq ft when a small portion was vacated to allow the canopy to be added to
the clinic.
AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND
SECONDED BY BILL FAIR TO APPROVE THE VACATION OF A PORTION OF
HART BOULEVARD AS REQUESTED BY THE MONTICELLO-BIG LAKE
HOSPITAL DISTRICT SUBJECT TO THE FOLLOWING CONDITIONS:
A. APPROVAL OF THE FIRST PHASE FINAL PLANNED UNIT
DEVELOPMENT IS GRANTED IN UPCOMING MONTHS.
B. THE HOSPITAL PROVIDES DOCUMENTATION OF ACCESS
EASEMENT AGREEMENTS WITH NEIGHBORING PROPERTY
OWNERS AS DISCUSSED IN THIS REPORT.
C. THE CITY RETAINS UTILITY EASEMENTS OVER ITS UTILITIES
AS RECOMMENDED BY CITY PUBLIC WORKS AND
ENGINEERING STAFF.
D. THE HOSPITAL EXECUTES ITS PURCHASE AGREEMENT WITH
- THE SCHOOL DISTRICT FOR LAND ON THE NORTH SIDE OF
CSAH 75.
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Council Minutes - 1/12/98
~I~I
l_~
E. THE CITY RECEIVES $0.61 PER SQUARE FOOT FOR ITS
EXISTING FEE INTEREST IN HART BOULEVARD.
F. THE CITY RETAINS AN ACCESS EASEMENT THROUGH
HOSPITAL PROPERTY FOR ACCESS TO AND EGRESS FROM
CSAH 75.
Voting in favor: Bill Fair, Brian Stumpf, Bruce Thielen, Roger Carlson.
Opposed: Clint Herbst. Councilmember Herbst agreed with vacating Hart
Boulevard but felt the City should charge less than $0.61 per sq ft since the
City will continue using a portion of the vacated area. Motion carried.
1
9.
residential lots.
City Administrator Rick Wolfsteller reported that the City obtained 151ots in
the Meadow Oak Estates subdivision that were forfeited for nonpayment of
taxes and special assessments. It was originally anticipated that the City
would use two or three lots for pending and one for the entrance into the
Eastwood Knoll development off of Meadow Oak Avenue, leaving 11 or 12
lots that could be sold. After further review, it appeared the City only needed
one lot for ponding and one for the Eastwood Knoll entrance, which resulted
in 131ats that could be sold for residential buildings.
The 13 lots were advertised for sale through the bid process, and a package of
information was mailed directly to builders and developers and other parties
who had expressed interest in the lots in the past. Only one bid was received
on Tuesday, January 6, which was from Vic Hellman Construction for the
purchase of all 131ots at a total cash price of $225,000.
AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND
SECONDED BY ROGER CARLSON TO AWARD THE SALE OF THE 13 LOTS TO
VIC HELLMAN CONSTRUCTION IN THE AMOUNT OF $225,000 WITH CLOSING
SET FOR APRIL 1, 1998, CONTINGENT ON THE CITY OBTAINING THE
NECESSARY DRAINAGE EASEMENTS FOR LOTS ABUTTING THE MEADOW
OAK POND PRIOR TO THE CLOSING AND SUBJECT TO THE RESTRICTIVE
COVENANTS OUTLINED IN THE BID PACKAGE. Motion carried unanimously.
1
10A.
E,],~~y School on January 20; 1998.
Assistant Administrator Jeff O'Neill reported that only items far presentation
to the community at the meeting scheduled for January 20 would be
reviewed at this time. No decision by Council regarding the community
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Council Minutes - 1/12/98
center was requested other than authorizing the community presentation on
January 20. O'Neill then reviewed the history behind development of a
community center.
Mr. Robbie Smith, a member of the task force, noted that after touring other
community centers, it became apparent that those with a water park were
much more active than those without. Since the purpose of the center would
be to bring the community together, it was recommended by the task force
that a water park be added to the core facility. It was also recommended that
the center be funded with lease revenue bonds and a 1%n targeted sales tax.
Although the lease revenue bonds would not allow a referendum, they would
help keep the cost down for home owners, whereas the general obligation
bonds would require a referendum but would also mare than double the cast
to residents. The sales tax option was recommended because non-city
residents who shop in Monticello would help relieve some of the burden from
the city residents.
Operating costs of the facility were also discussed, which showed an
operating deficit of approximately $40,000 if the core facility included the
water park. The operating deficit was estimated to be $189,757 if the core
facility was built without the water park because activities in the original
core facility would not generate much revenue. It was also noted that city
hall and senior center operating costs are currently covered and could be
deducted from the community center operating cost.
Ron Ankeny of Ankeny Kell Architects reviewed the estimated construction
cost of $10.5 million and noted that in addition to adding the water park, the
size of the locker rooms was increased, and an exercise/fitness area, aerobic
room, and walking/running track were added. It was felt that these items
would be necessary to sell memberships.
Mark Wentzel of AKA presented two possible designs for the community
center, noting that both schemes would allow for purchasing same of the land
at a later date for additional parking and a possible ice sheet.
Mark Ruff of Ehlers & Associates reviewed the finance plan as recommended
by the task force. He explained that the lease revenue bond option means
that the HRA would own the facility except for the portion dedicated to the
National Guard. The City would then lease the facility from the HRA on an
annual appropriation basis.
Councilmember Clint Herbst noted his surprise that the City's portion of the
cast had increased 2.5 times that of the original estimate. He also noted his
concern about the operating costs of the facility.
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Council Minutes - 1/12/98
Councilmember Roger Carlson stated that he had received comments
regarding his participation in voting on community center issues, and after
researching the issue, experts had advised him that at this point in time,
there was no conflict of interest; however, he stated that he would be
abstaining from voting on community center issues at this meeting and
would have additional information in the future.
AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND
SECONDED BY BRUCE THIELEN TO AUTHORIZE THE COMMUNITY CENTER
PRESENTATION TO THE PUBLIC ON JANUARY 20, 1998, AT 7 P.M., AT LITTLE
MOUNTAIN ELEMENTARY SCHOOL. Voting in favor: Brian Stumpf, Bruce
Thielen, Bill Fair, Clint Herbst. Abstaining: Roger Carlson. Motion carried.
10B.
of a sales tax.
Assistant Administrator Jeff O'Neill suggested that this item be tabled until
after the community meeting on January 20.
~]
Representative Mark Olson reported that initially he was willing to sponsor a
bill allowing the City of Monticello to conduct a referendum on establishment
of a sales tax; however, further study raised some concerns. He explained
that the City may have to use general obligation bonds if using a local sales
tax, as the legislature's view has changed on this subject somewhat in that
they want to ensure that there is accountability at the local level. For that
reason, it was his view that the legislature may not approval a local option
sales tax used to pay off revenue bonds. He will investigate the issue further.
AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND
SECONDED BY BRUCE THIELEN TO TABLE THE REQUEST THAT MARK
OLSON SPONSOR A BILL ALLOWING THE CITY TO CONDUCT A
REFERENDUM ON ESTABLISHMENT OF A SALES TAX UNTIL FURTHER
INFORMATION IS RECEIVED. Voting in favor: Brian Stumpf, Bruce Thielen,
Bill Fair, Clint Herbst. Abstaining: Roger Carlson. Motion carried.
11.
A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER
CARLSON TO APPROVE THE FOLLOWING APPOINTMENTS FOR 1998:
Official Depositories: Marquette Bank Monticello
First Bank
First National Bank of Monticello
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Council Minutes - 1/12/98
Official Depositories:
Chief Financial Officer -
authorixed to designate other
depositaries for investment
purposes only.
Newspaper:
Housing and Redevelopment
Authority:
(5-year staggered terms)
Planning Commission:
Health Officer (1 year):
Acting Mayor (1 year):
Joint Commissions:
Community Education
Fire Board
OAA
Library Board:
(3-year staggered)
Attorney:
Planner:
Auditor:
Monticello Times
1. Bab Murray 12/2001
2. Darrin Lahr 12/2000
3. Brad Barger 12/99
4. Dan Frie 12/98
5. Steve Andrews 12/97
1. Richard Carlson
2. Robbie Smith
3. Dick Frie
4. Richard Martie
5. Rod Dragsten
Dr. Donald Maus
Clint Herbst
Bill Fair
Rick Wolfsteller & Brian Stumpf
Bill Fair
1, vacant 12/99
2. Duff Davidson 12/97
3. Jeanette Lukowski 12/99
4. Ruby Bensen 12/97
5. Diane Herbst 12/98
Paul Weingarden
Northwest Associated Consultants
(Steve Gri.ttman)
Grays, Borden, Carlson & Assoc.
Recycling Committee: Bruce Thielen
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Cauncil Minutes - 1/12/98
Economic Development Authority: 1. Roger Carlson, Council 12/2001
(5-year staggered terms) 2. Clint Herbst, Council 12/98
3. Ken Maus* 12/2001
4. Darrin Lahr 12/97
5. Barb Schwientek 12/98
6. Bill Demeules 12/99
7. Ron Hoglund* 12/2000
Engineer: WSB & Associates
Police Advisory Commission: 1. Brian Stumpf, Council 12/98
(3-yr staggered terms) 2. Bridget Baldwin 12/97
3. David Gerads 12/97
4. Brad Fyle 12/98
5. Liz DeMarais 12/99
Parks Commission: 1. Earl Smith 12/98
(3-yr staggered terms) 2. Larry Nolan 12/99
3. Fran Fair 12/97
4. Rick Traver 12/98
5. vac nt 12/99
Motion carried unanimously.
Council then discussed appointment of Council liaisons to city commissions.
Mayor Fair noted that he felt it was important that the Council members
rotate in order to have a better understanding of each commission. In
addition, he suggested that it may be helpful to Councilmember Carlson if he
were the liaison for a commission other than the HRA since there have been
comments regarding conflict of interest on the community center issue.
However, it was the view of Councilmember Herbst that the liaisons should
not be rotated every year since experience made them well-suited for specific
commissions.
A MOTION WAS MADE BY CLINT HERBST THAT THE COUNCIL LIAISONS
REMAIN THE SAME FOR 1998. MOTION WAS AMENDED BY BRUCE THIELEN
THAT HE WOULD AGREE TO BE THE LIAISON FOR THE HRA AND
COUNCILMEMBER ROGER CARLSON COULD BE THE LIAISON TO THE PARKS
COMMISSION. Voting in favor: Bruce Thielen, Clint Herbst, Roger Carlson.
Opposed: Bill Fair, Brian Stumpf. Motion carried.
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Council Minutes - 1/12/9$
Council liaisons are as follows far 199$:
HRA: Bruce Thielen
Planning Commission: Clint Herbst
Parks Commission: Roger Carlson
Police Commission: Brian Stumpf
Library Board: Bruce Thielen
MCP: Brian Stumpf
Councilmember Brian Stumpf nated that he will need to find a replacement
for his position on the MCP Board, as he is unable to meet twice a month.
12.
Assistant Administrator Jeff O'Neill noted that the City Council previously
reviewed proposals by the Monticello Times and Steve Andrews on
development and maintenance of an Internet home page; however, the
decision was tabled pending additional information and insertion of the item
in the 1998 budget. After further review, staff recommended that Council
select the Monticello Times due to the fact that almost all of the information
that staff distributes to the public is through the Monticello Times. In
addition, they have a good track record as a home page service provider, and
the cost is reasonable.
AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND
SECONDED BY BRIAN STUMPF TO SELECT THE MONTICELLO TIMES AS THE
CITY'S INTERNET HOME PAGE SERVICE PROVIDER AS OUTLINED IN THEIR
PROPOSAL. Motion carried unanimously.
13.
A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY CLINT
HERBST TO APPROVE THE BILLS FOR THE FIRST HALF OF JANUARY, 1998,
AS PRESENTED. Motion carried unanimously.
A MOTION WAS MADE BY BRUCE THIELEN AND SECONDED BY ROGER CARLSON
TO ADJOURN THE MEETING. Motion carried unanimously.
c;~/~~~Li' 1---
Karen Doty
-, Office Manager
Page 14
MINUTES
SPECIAL MEETING - MONTICELLO CITY COUNCIL
Monday, January 26, 1998 - 5:30 p.m.
Members Present: Bill Fair, Brian Stumpf, Bruce Thielen, Roger Carlson
Members Absent: Clint Herbst
A special meeting of the City Council was held for the purpose of discussing general
items as brought forward by Council members. Items discussed were as follows:
1. Cauncilmember Bruce Thielen noted that he and Councilmember Brian
Stumpf switched commissions as Council liaisons. Cauncilmember Thielen
will be the liaison to the MCP, and Councilmember Stumpf will be the liaison
to the HRA.
2. Project priority list. Council reviewed the "A" and "B" priorities and noted
which items had been completed, were in progress, or were budgeted for
1998.
The meeting was for discussion purposes only. No action was taken by the Council.
,• ' i _ C1
ar "Doty
Office Manager