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.
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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.
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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
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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.
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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.
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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
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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.
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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
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