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City Council Minutes 06-13-1994LJ MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, June 1S, 1994 - 7 p.m. Members Present: Shirley Anderson, Clint Herbst, Patty Olsen, Warren Smith, Brad Fyle Members Absent: None 2. Consideration of approval of minutes of the regular meetingheld May 23, 1994. Assistant Administrator O'Neill asked for a clarification on the vote an item #7. Warren Smith indicated that it was his recollection that Brad Fyle voted in favor of the motion, and Patty Olsen voted against the motion. Fyle and Olsen agreed with Smith's recollection. After discussion, a motion was made by Shirley Anderson and seconded by Warren Smith to approve the meeting minutes with the clarification noted in item #7. Motion carried unanimously. 0 3. Citizens comments/ etitions re uests and com Taints. Mary Jo Jepson, Connect Four Co-Instructor, along with student editors Christine Anderson and Joe Muller, presented copies of the recently- published book, Monticello a River Town on the Rise. Jepson expressed her appreciation to City staff for assistance in development of the book. 5. Public Hearin --Consideration of a resolution orderin ro'ect and authorizin re oration of Tans ands ecifications -Meadow Oak storm sewer. Assistant Administrator O'Neill explained that the purpose of the public hearing is to provide an opportunity for public input on the Meadow Oak storm sewer outlet project. C City Engineer Bret Weiss went on to make a presentation outlining the scope and design of the project, along with a proposed formula far funding the project. Weiss noted that the total estimated cost of the project is $329,400 funded primarily from revenue generated via storm sewer assessments levied against developed properties and through revenues to be obtained through future acquisition of storm sewer access fees obtained in conjunction with land development. Page 1 Council Minutes -6/13/94 Wayne Ward noted that the need for the storm sewer has been brought about by recent residential developments. He also noted that the initial planning for the development of the area was flawed in that the storm sewer should have been installed when Meadow Oak was initially developed. Brad Fyle noted that the need for the storm sewer system has always been there. Bret Weiss noted that everybody contributes to the storm sewer problem. If you are contributing tQ the problem, then you benefit from the solution. Brad Fyle indicated that the City should move forward on the project due to the growth in residential development in the area. The City Engineer addressed a number of comments and questions from the public in attendance. The public hearing was then closed. Shirley Anderson noted that the Township and County have the option of funding the cost to oversize the storm sewer system so as to solve the ditch 33 flooding problems. She hoped that these agencies would get involved to rectify along-standing problem. Clint Herbst concurred that this is the perfect chance to correct the ditch 33 drainage problem. After discussion, a motion was made by Patty Olsen and seconded by Shirley Anderson to adapt a resolution ordering the project and authorizing preparation of plans and specifications. Motion carried unanimously. SEE RESOLUTION 94-18. 4. Le 'slative session u date b Re resentative Mark Olson. Representative Mark Olson reviewed recent action taken by the state legislature affecting municipalities. City Council thanked Olson for his work on behalf of citizens in his district and expressed appreciation for his legislative update. 6. Consideration of acre tin 1993 Audit Re ort for the Cit of Monticello. Rick Borden of Gruys, Borden, Carlson & Associates was present to provide an overview of the 1993 Audit Report. In the Auditor's report on the financial statements, it was noted that the City's general purpose financial statements represent the financial position of the City of Monticello, as of December 31, 1993. He noted that operations and the changes in cash flows of all proprietary fund types for the year are in conformity with generally accepted accounting principals. Page 2 Council Minutes - 6/13/94 Borden went on to review various reports and charts outlining City expenditures and revenues. After discussion, a motion was made by Warren Smith and seconded by Shirley Anderson to accept the audit report as prepared. Motion carried unanimously. 7. Consideration of a variance re uest which would allow lacement of a loo si within the re aired setback area. A licant Cham ion Auto Warnert Automotive). Assistant Administrator O'Neill reported that the Planning Commission has recommended denial of the variance based on the finding that no hardship or unique situation exists that would justify the variance. To grant the variance in this case would set a precedent that would impair the intent of the ordinance. After discussion, a motion was made by Warren Smith and seconded by Shirley Anderson to deny the variance as requested. Voting in favor of the motion: Warren Smith, Shirley Anderson, Patty Olsen, Brad Fyle. Abstaining: Clint Herbst. Herbst abstained because his cousin-in-law is part owner of the business. $. Review status of develo ment a Bement ne otiations -Count Club Manor, Outlot A. Assistant Administrator O'Neill informed Council that Mr. Hornig requested that the City allow him to have the flexibility to reduce the size of the first phase and associated land purchase from 42 units to 12 units. O'Neill went on to note that Hornig is completing a market study which could ultimately lead him to development of a 42-unit complex as originally proposed. Hornig is requesting that he be provided 30-60 days t4 complete the market study before he would be willing to commit to more than 12 units. After discussion, a motion was made by Clint Herbst and seconded by Patty Olsen to direct City staff to obtain a commitment from Hornig to develop 42 units with the first phase prior to the next Council meeting. In the event this commitment cannot be obtained, staff is authorized to negotiate directly with Shelter Corporation. Motion carried unanimously. 9. Consideration of a re uest to amend the Cit o en burnin ordinance. Rick Wolfsteller reported that he has had conversations with Mr, and Mrs. Dean Carstens, 101 Craig Lane, who have complained of nuisance recreational fires that are occurring in the neighborhood. Mr. Carstens requested that the Council consider amending the open burning ordinance Page 3 Council Minutes - fi/13/94 to provide better control of recreational fires. Wolfsteller noted that the problem experienced by Mr. Carstens could be reduced by requiring that recreational fires be located away from side and rear lot lines. After discussion, a motion was made by Clint Herbst and seconded by Warren Smith to adopt an ordinance amendment as follows: ORDINANCE AMENDMENT NO.2b2 THE CITY COUNCIL OF MONTICELLO HEREBY ORDAINS THAT ORDINANCE SECTION b-4-7 PERTAINING TO RECREATIONAL FIRES AS AN EXCEPTION TO OPEN BURNING RESTRICTIONS BE AMENDED AS FOLLOWS: 5-4-7: RECREATIONAL: Fires set for recreational, ceremonial, food preparation, or social purposes are permitted provided the following conditions are adhered to: (A) Only dry wood, coal, ar charcoal is burned. (B) Fire must be contained within a 3-ft diameter fire pit area. (C) Fire must not be left unattended. (D) Fire pit must be located in rear yard at least 60 ft from adjacent residential dwellings. Voting in favor: Shirley Anderson, Clint Herbst, Patty Olsen, Warren Smith. Opposed: Brad Fyle. SEE ORDINANCE AMENDMENT NO. 252. 10. Consideration of a rovin o en burnin ermit -Glen Posusta AMAX Storage. Council reviewed the criteria for allowing open burning and found that the proposal for open burning by Glen Posusta meets the minimum requirements of the ordinance. A motion was made by Patty Olsen and seconded by Warren Smith to grant the open burning permit. It was the consensus of Council to review requests for open burning permits only under circumstances where the applicant cannot meet the minimum requirements of the code. Motion carried unanimously. Page 4 Council Minutes - 6/13/94 11. Consideration of annual municipal maintenance agreement with Wright Count~~ ~~~and consideration of access a eement outlinin Cit use of Count right-of way for ISTEA pathway. Public Works Director, John Simola, and Assistant Administrator, Jeff O'Neill, reported that for many years the City of Monticello has contracted with Wright County For snow and ice removal on various county roads. In 1994, a maintenance agreement requested by the County includes State Aid Highway 75 from Willow Street near Pinewood Elementary School to the east junction of County State Aid Highway 39, and County State Aid Highway 39 from the Monticello Public Works building to the west junction of County State Aid Highway 75. Simola reported that the County reimburses the City on a per-mile cost based on the previous year's cost incurred by the County. O'Neill noted that consideration of the annual maintenance agreement was delayed for approval this year while we worked out details regarding the agreement governing placement of the City pathway on the County highway right-of-way. Now that both documents have been prepared, it is appropriate to consider adapting them at this time. After discussion, a motion was made by Clint Herbst and seconded by Shirley Anderson to adopt the maintenance agreement and access agreement as submitted. Motion carried unanimously. 12. Consideration of advertisin for bids for demolition of the old Gille house and a urtenances at 1324 West Broadwa . John Simola, Public Works Director, reported that action on this item was tabled in April at the recommendation of the City Attorney. It was his opinion that we did not have authorization to move ahead and demolish the building. Since that time, we have received a letter of authorization from Wright County and received written input from the Minnesota Pollution Control Agency. Staff feels it is now proper to remove the building and seal the wells. Brad Fyle objected to City involvement in the cleanup project since the City does not own the property. It is a tax forfeit property held in trust by the State with Wright County as caretaker. Rick Wolfsteller, City Administrator, noted that if the City does not take the initiative, the property will continue in its blighted condition for some time to come. He also noted that the cost for the cleanup will be recovered through a PCA cleanup fund and through revenue obtained through the sale of the land. Page 5 Council Minutes - 6/13/94 After discussion, a motion was made by Shirley Anderson and seconded by Patty Olsen to approve plans and specifications and advertise for bids and to defer developing pre-approval report until after demolition bids have been obtained. Motion carried unanimously. 13. Consideration of than a order #1 far Cit Pro~ect 93-11C Chlarination/ Dechlorination Pra'ect at the wastewater treatment lent. After discussion, a motion was made by Clint Herbst and seconded by Patty Olsen to approve change order #1 for the chlorination/dechlorination project in the amount of a deduct in the project cost of $1,7fi2. Motion carried unanimously. 14. Consideration of a resolution declarin intent to reimburse ro'ect costs throe h a future bond sale - Pro'ect 93-12C. Rick Wolfsteller, City Administrator, reported that with the public hearing completed an the proposed Meadow Oak storm sewer outlet to the Mississippi River, Council may want to consider adopting a resolution stating that it may reimburse itself through a band sale in the future for any costs associated with this project. Wolfsteller reported that by adopting the resolution, the City would be protecting its rights to reimburse itself for any expenditures for engineering or construction that we have accrued prior to the actual bond being sold. After discussion, a motion was made by Shirley Anderson and seconded by Warren Smith to adopt a resolution declaring intent to reimburse Meadow Oak storm sewer project costs through a future bond sale. Motion carried unanimously. SEE RESOLUTION 94-19. 15. Consideration of antin annual a ravel for munici al licenses. After discussion, a motion was made by Shirley Anderson and seconded by Patty Olsen to grant municipal licenses as outlined below. Intoxicating Liquor, On-sale (fee $3,750) 1. Monticello Liquor, Inc. 2. Silver Fox 3. Joyner Lanes 4. Robert Eidsvold DBA Comfort Inn 5. J.P.'s Annex Page 6 Council Minutes _ 6/13/94 Intoxicating Liquor, On-sale, Sunday (fee $200--set by statute) Renewals 1. Monticello Liquor, Inc. 2. Silver Fox 3. Joyner Lanes 4. VFW Club 5. American Legion Club 6. J.P.'s Annex Non-intoxicating Malt, On-sale (fee $275) 1. Rad and Gun 2. Pizza Factory 3. Gauntry Club Non-intoxicating Malt, Off-sale (fee $75) RE 1. 2. 3. 4. 5. ~newals Monticello Liquor Maus Foods River Terrace Tom Thumb Holiday Stationstore Wine/3.2 Beer Combination, Qn-_sale (fee $500) Renewal 1. Dino's Deli Set-u License (fee $275) 1. Country Club 2. Rod and Gun (steak fry only) Club Licenses (fee--set by statute based on membership) 1. VFW - $500 2. American Legion - $500 Motion carried unanimously. Page 7 Council Minutes -6/13/94 16. Other matters. A. Assistant Administrator O'Neill provided an update on the potential development of the Robert Krautbauer property. O'Neill informed the City Council that the City has received a petition from Robert Krautbauer for annexation of a 38-acre parcel to coincide with development of a 71-acre tract of land located between East County Road 39 and the freeway and east of Hawks BarlR,estaurant. In conjunction with the annexation request, the developer of the site, Rick Murray of Residential Development, Inc., has submitted a concept plan to the Planning Commission for preliminary review. O'Neill noted that Township officials have reviewed the concept plan and have voiced preliminary support for the annexation based on the fact that the property is located within the area jointly identified by the City and the Township as being located in the urban service area. B. Assistant Administrator O'Neill updated Council on plans for placing no parking signs on 7th Street between Washington and Highway 25 and along East County Road 39 from the entry to the city at Gillard to Riverroad Plaza. O'Neill noted that placement of the no parking signs/bike route are in accordance with the pathway plan adopted in May of 1993. There being no further discussion, the meeting was adjourned. y~a,~o Jeff O'Neill Assistant Administrator Page $