City Council Minutes 10-24-1994
MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, October 24, 1994 - 7 p.m.
Members Present: Brad Fyle, Shirley Anderson, Clint Herbst, Warren Smith, Dan
Blonigen
Members Absent: None
2. Apuroval of minutes of the regular meeting held October 1Q, _.1994.
After discussion, a motion was made by Clint Herbst and seconded by Dan
Blonigen to approve the minutes of the regular meeting held October 10,
1994, as submitted. Motion carried unanimously.
3. Consideration of adding items_to the agenda.
City Engineer Bret Weiss noted that Council needs to adopt a resolution
requesting approval from the Commissioner of Transportation for off-system
expenditure of state aid funds.
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It was the consensus of Council to add this item to the agenda at the end of
the meeting.
4. Citizens comments/ etitions re uests and com laints.
Bob Nelson, manager of the Marywood Apartments, asked Council to
consider removing the "no parking" signs on one side of 7th Street in order
to allow apartment dwellers to park on the street. He noted that many
residents are using the apartment garages for storage and need to park
their vehicles on the street.
Assistant Administrator O'Neill noted that both sides of the street are
needed for the bike path in order for bike riders to follow traffic laws, as it
is against the law to ride a bike against traffiic. It was the view of Council
that the public street should not be used for overflow parking created by use
of garage stalls for storage.
After discussion, it was the consensus of Council to direct staff to research
possible solutions to the parking problem at the Marywood Apartments and
bring this item back to Council as an agenda item at the next meeting.
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5. Public Hearin --Ado tion of delin uent char es assessment roll and
certification to_County-Auditor.
Mayor Fyle opened the public hearing.
There being no comment from the public, Mayor Fyle closed the public
hearing.
Council discussed the passibility of establishing a disconnect policy. City
Administrator Wolfsteller suggested that, due to the manpower required in
shutting the water off for delinquent accounts, Council may want to
consider establishing a specific dollar amount in the policy. Once an
account reaches that dollar amount, the City would then disconnect the
water. It was the consensus of Council that this type of policy should be
considered.
After discussion, a motion was made by Warren Smith and seconded by
Shirley Anderson to adopt the delinquent charges assessment roll and
certify the assessment roll to the County Auditor.
SEE RESOLUTION 94-31.
6. Consideration of Wri ht Count Sheriff's re ort.
Sheriff Don Hozempa presented Council with a summary of the number of
calls for service, arrests, traffic, burglaries, and miscellaneous crimes for the
city of Monticello. He noted that since the City incorporated 24-hour service
from the Wright County Sheriffs Department, traffic speed has slowed
resulting in a decreased number of traffic tickets issued. Hozempa reviewed
the statistics noting that DWI's, burglaries, and thefts are declining, while
criminal damage to property, assaults, and domestic calls have increased.
In closing, Hozempa reported that crime is under control in the city of
Monticello at this time and credited the City for being proactive and
increasing law enforcement hours when needed.
7. Consideration of variance request allowing construction of storage
building/~ara~e. Applicant, Jeff Michaelis/Riverside Oil.
Assistant Administrator O'Neill reviewed the request to build a 26' x 12'
temporary storage structure at the current bulk oil site on 5th Street, which
would allow Michaelis to enclose his fuel transport truck. He noted that the
proposed structure encroaches into the yard setback requirements, thereby
requiring a variance; however, he also noted that the site is technically a
nonconforming use, and the ordinance prohibits use intensification of a
nonconforming site.
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O'Neill went on to note that the Planning Commission reviewed the request
at their October meeting and approved the variance request based on the
finding that the structure would be temporary and would not be considered
an intensification of the present use; however, the Planning Commission
decision was appealed by the Monticello Public Works Director. Public
Works Director Simola explained in his appeal that the request should be
reconsidered because allowing this variance could set a precedent, and the
BNR bulk site soils may be contaminated with petroleum products and
could represent a threat to our main municipal water supply. Placement of
the proposed building on this property could unreasonably delay cleanup
and result in higher relocation costs for the owner if relocation is necessary.
Simola also noted in his report that City staff has been working with BNR
and the bulk plant operators for almost two years in an attempt to have a
soil investigation performed at this site, and it was Simola's view that the
investigation should be performed prior to any further building at this site.
City Attorney Paul Weingarden explained that Michaelis must show an
undue hardship without the proposed building and must show that he
doesn't have reasonable use of his property if he is not granted the variance.
It was Weingarden's concern that the Council would be faced with many
other requests of this type if this variance is granted. He also noted that
regardless of whether or not the proposed building is considered temporary,
it would be an expansion of a nonconforming use.
Michaelis responded that he has tried to relocate in the past but has been
unable to find a site where the City allows a bulk plant. He also noted that
the petrofund will soon no longer be available and that he is aware that he
will have to move his business within approximately five years. Michaelis
added that he would be willing to sign an agreement stipulating a time
limit for his temporary building and other contingencies as required by
Council.
A suggestion was made that this request be tabled until more information
from the soil investigation is available. City Attorney Weingarden noted
that Council must make a decision on this matter within the time limits
specified by ordinance unless the applicant agrees to waive the time limit.
Jeff Michaelis then stated that he waives the right to a decision within the
time frame specified by ordinance.
After discussion, a motion was made by Dan Blonigen and seconded by
Clint Herbst to table the variance request for 30 days in order to receive
additional information regarding the possibility of soil contamination at the
site. Motion carried unanimously.
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8. Consideration of zoning ordinance amendments pertaining to the HIein
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Farms development proposal. Applicant, Tonv Emmerich/Dave HIein.
Assistant Administrator O'Neill reported that this item was continued from
the previous meeting of the City Council pending a closed Council meeting
to discuss potential litigation on this issue. O'Neill noted that subsequent
to the closed meeting held on October 20, a letter was received from Tony
Emmerich stating that after reviewing the ordinance relating to PUD
districts, it appeared that his development goals could be achieved under
the R-PUD designation; therefore, he requested that his application be
amended by removing R-2 and R-3 and replacing with R-PUD.
City Attorney Paul Weingarden noted that this issue was discussed with
Council in depth on October 20 and that the R-PUD seems to satisfy some
of the objections made by Councilmember Blonigen to the rezoning request.
After discussion, a motion was made by Shirley Anderson and seconded by
Warren Smith, to approve the zoning ordinance amendment to rezone from
an agricultural designation to a combination of R-1 and R-PUD zoning
designations. Motion is based on the finding that the rezoning request is
consistent with the comprehensive plan. Councilmember Herbst noted that
he is opposed to this development at this time but will vote in favor of the
motion in order for the Council to move on to other issues. Motion carried
unanimously. SEE ORDINANCE AMENDMENT NO. 261.
9. Consideration of a royal of reliminar lot -HIein Farms subdivision.
A licant Ton Emmerich/David HIein.
Assistant Administrator O'Neill reported that Council discussed this topic
at the previous meeting but tabled the item pending a decision on the
rezoning issue for this property. He noted that the utility plans must be
approved by the City Engineer, and the City will need an agreement from
the developer regarding acquisition of 16 acres of park land. O'Neill also
stated that a finance plan supporting the sewer and water trunk system has
not been finalized yet; however, expenses for the improvements will be
handled the same as was done previously for School Boulevard, with SO°Io
funded by the developer, and 20°10 funded by the City. The City would
require some oversizing of the main, which would be captured with an area
assessment charge far sanitary sewer and water mains. Whether the
project will be developed privately or by the City has not yet been
established.
O'Neill went an to note that an environmental assessment worksheet must
be completed, which will take approximately 45 days, and that approval of
the plat must be contingent on receiving a negative declaration.
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[]
After discussion, a motion was made by Shirley Anderson and seconded by
Warren Smith to approve the preliminary plat for the HIein Farms
subdivision with the following contingencies:
1. Utility plans must be approved by the City Engineer.
2. Developer must make modifications as required by Council.
3. Developer must enter into a development agreement guaranteeing
development of the park area south of School Boulevard.
4. Receipt of a negative declaration of environmental impact resulting
from the EAW process.
5. Final plat must be approved by the County and affected oil and power
companies.
6. Finalization of description of project phasing and associated
financing.
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7. All required berming to be completed and financed by the developer
in conjunction with the initial development of the site.
Motion carried unanimously.
10. Consideration of awardin bid for urchase of um er fire truck.
City Administrator Rick Wolfsteller reported that in March of 1994, the
Council authorized the Joint Fire Board to prepare plans and specifications
for the purchase of a new pumper and rescue fire truck, and bids were
received on Monday, October 17, 1994. Wolfsteller noted that the fire
department received three bids for the new truck ranging in price from
$223,521 to $256,967. An alternate was also requested for a rear suction
option on the truck, and prices received added an additional $3,000 to
$4,000 to the cost. The low bid was received from 3D Manufacturing
Company of Shawano, Wisconsin, with an amount of $226,521, which
includes the rear suction option.
Wolfsteller went on to note that the Monticello Township Board will
consider this award on Monday, November 7, and any decision by the
Council will be subject to the Township Board's approval. He also noted
that the Joint Fire Board has the option to pre-pay for the purchase of the
fire truck and receive a discount of approximately 6.15%; however,
Wolfsteller noted that he and the Township Board had concerns about
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Council Minutes - 10/24/94
availability of funds for pre-payment, and it was the consensus of the Joint
Fire Board to pay the required down payment, with the balance being paid
upon delivery of the truck.
After discussion, a motion was made by Warren Smith and seconded by
Shirley Anderson to accept the law bid of $226,521 from 3D Manufacturing
Company contingent upon receiving Monticello Township approval. Motion
includes a down payment as required, with the balance being paid upon
delivery of the truck. Motion carried unanimously.
11. Consideration of re nest for review of tobacco licensin ordinance.
City Administrator Wolfsteller reviewed the tobacco ordinance as adopted
by the Council in July 1994, which requires annual licenses from all
retailers who sell tobacco products and eliminated customer access to
cigarettes and tobacco products without the assistance of a store clerk. In
addition, the ordinance restricts vending machine use by requiring that
machines be operated by tokens or an electronic switch device by a store
employee. The ordinance as adopted would become effective January 1,
1995.
Wolfsteller went on to report that after adoption of the ordinance, the City
notified all current vendors of cigarette products located within the city
limits that anewly-adopted tobacco ordinance would take effect January 1.
Since that time, Wolfsteller stated that he has received complaints from
area retailers who have concerns about prohibiting self service access of
cigarettes, and the retailers have requested a chance to express their
concerns to the City Council.
Dorothy Ritze, owner of the Total Mart convenience stores in Monticello,
noted to Council that a major reason for adopting the tobacco ordinance
seemed to be to help control theft; however, she stated that theft of tobacco
products is not a problem, as displays are located in front of the cashier.
She explained that tobacco sales are controlled by training employees and
by counting the cigarettes in the display three times a day. Since retailers
receive incentive money from tobacco manufacturers for displaying their
product, the current ordinance eliminating self-service would result in a loss
of income for retailers. Ritze Hated that if everyone works together, the goal
of limiting access to tobacco products by minors can be accomplished. She
requested that Council consider reinstating self-service of tobacco products
by replacing the current language in Section 3-14-6D with language as
written by the retailers and by requiring retailers to verify annually on
their license that employees are trained regarding tobacco sales. The
vending machine restrictions would remain the same.
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Mike Carley, Manager of the Monticello Kmart, stated that Kmart receives
approximately $400,000 in tobacco sales, and it is estimated by the
corporation that it would cost approximately $25,000 for Kmart to conform
to the present ordinance; therefore, Kmart would most likely discontinue
cigarette sales if a compromise cannot be reached on the ordinance.
Rick Pribyl, manager of Tom Thumb, and Tom Holthaus, owner of West
Side Market, agreed with the concerns as noted by Dorothy Ritze.
Patrice Bogart, education manager for the Monticello-Big Lake Community
Hospital District, noted her appreciation for everything the merchants are
doing to prevent the sale of tobacco products to minors, but she also noted
her concern that if the ordinance is changed, retailers' efforts to prevent
minors from obtaining cigarettes will lessen as time goes by.
Jon Young of the Wright to the Heart of Health Coalition spoke against
changing the ordinance. He reminded Council there was a 50% rate of
success buying tobacco products in Monticello during the sting operation
conducted by the Coalition last year. He also noted that Maus Foods
discontinued self-service of tobacco products in 1992 due to theft.
It was the view of Councilmember Blonigen that the sale of tobacco products
is the responsibility of the store clerk and that teenagers will find a way to
get cigarettes if they want them bad enough. Patrice Bogart responded by
saying that it's the responsibility of adults to make it difficult for teenagers
to make wrong choices.
Councilmember Herbst noted that Bogart makes a good point that teens do
make wrong decisions, whether they buy or steal cigarettes, and that we
should help them make the right choices. Councilmember Smith agreed
with the points made by Herbst but also noted that it was an oversight on
Council's part to adopt the tobacco ordinance without taking into
consideration the effect of the ordinance on the business community. Smith
noted that perhaps a compromise could be reached and the ordinance
reviewed again in the future.
Councilmember Anderson agreed with the idea of reviewing tobacco sales in
the future to see if the ordinance as proposed by retailers is working;
however, Anderson noted that the language proposed by the retailers has
not been reviewed by Council and requested that a vote be taken at the next
meeting after Council has had a chance to review the final language.
After discussion, a motion was made by Warren Smith and seconded by Dan
Blonigen to agree to amend the ordinance as requested by the retailers,
which will require all retailers to certify that employees have received
training on laws pertaining to tobacco sales and will again allow self-service
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Council Minutes - 10/24/94
of tobacco products that are in plain view of a responsible employee;
however, final approval shall not be given to actually amend the ordinance
until the proposed language is reviewed by Council. Voting in favor:
Warren Smith, Dan Blonigen, Shirley Anderson, Brad Fyle. Opposed: Clint
Herbst.
12. Consideration of offer to purchase Eastwood Knoll plat.
City Administrator Wolfsteller reported that the offer to purchase the
Eastwood Knoll property has been withdrawn; therefore, no action is
required by Council.
13. Update on Gille property cleanup project.
City Administrator Wolfsteller updated Council on the cleanup project of the
former Gille Auto property site. He noted that the project is almost
complete, and the property will soon be ready to market so that it can be
put back an the tax rolls. Wolfsteller asked Council if they want to become
the owner of the property and sell it themselves or let the County handle
the sale as a tax forfeiture property.
After discussion, a motion was made by Clint Herbst and seconded by
Shirley Anderson to accept the property from the County and request the
County Auditor to obtain a deed from the Department of Revenue sa that
the City can continue with the process of marketing the property.
At this point the City Attorney noted that deeding the property to the City
should be contingent on receiving a report from the PCA that the site is
clean.
Councilmember Herbst then amended his motion to accept the property
from the County contingent on receiving a report from the PCA that the site
is clean, and then request the County Auditor to obtain a deed from the
Department of Revenue. Shirley Anderson seconded the amended motion.
Motion carried unanimously.
14. Consideration of final a ent to Gridor Construction for di ester cover--
Praiect 93-07C.
After discussion, a motion was made by Shirley Anderson and seconded by
Clint Herbst to approve final payment to Gridor Construction in the amount
of $10,415.10 pending delivery of the required lien waivers and
documentation. Motion carried unanimously.
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15. Consideration of advertisement for bids for urchase of 125 kw emer enc
generator.
After discussion, a motion was made by Shirley Anderson and seconded by
Warren Smith to authorize advertisement For bids for a new 125 kw
emergency generator based upon the specifications for the last unit
purchased in 1991. Motion carried unanimously.
16. Consideration of resolutions apurovin~ annexation o_f Krautbauer/Hawks
Bar properties.
Assistant Administrator O'Neill explained that, as part of the River Mill
subdivision platting process, Council is asked to consider adopting the
proposed resolutions accepting annexation of the Hawk's Bar and Robert
Krautbauer properties. He noted that in order to meet the time frame for
using tax increment financing, it's necessary to consider annexation of these
properties contingent on approval of the River Mi11 final plat and completion
of the development agreement. If the project does not materialize, the
properties would not be annexed.
O'Neill went on to note that on October 12, Monticello Township reviewed
the development plan, agreed that the plan met the requirements of the
urbanization plan, and voted to approve the annexation of these two
properties. He stated that the Township also commented on concerns
regarding the use of tax increment financing and the fact that there is no
connection between Highway 75 and Highway 39 in the River Mill
development; however, Township approval is not contingent on the City
taking specific action to address the comments.
Joe Abbot, owner of Hawk's Bar, stated that he has no problem with the
subdivision plan but was concerned about the possibility of a median being
installed by the County which would limit access to his bar by permitting
right-in and right-out access only. He explained that if semi's are routed
through the River Mill development to get to the bar, the neighborhood will
be opposed to this location and he will eventually be pushed out of the area.
Abbot noted that he preferred that signal lights be installed in this area
rather than a median.
Bret Weiss, City Engineer, explained that the County controls access to
County Road 75 and that it is the County's decision as to when the median
would be installed; however, he noted that the connection between Hart
Boulevard and County Road 39 must be made prior to a median being
placed on County Road 75. Weiss also reported that the County will not
install signal lights at the Hawks' Bar location.
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Abbot asked if he withdrew his petition for annexation to the city, would his
access remain as it is. City Attorney Weingarden responded by saying that
the access issue and annexation issue are separate. One issue does not
affect the other, and the County will still decide when the median will be
installed. Weingarden also noted that Hawk's Bar is presently considered a
nonconforming use in the county. If the bar were to burn, Aboot would be
unable to rebuild; however, the bar would have the potential to became a
conforming use when annexed to the city.
Mayor Fyle stated that he is not in favor of annexing only the Krautbauer
property, as that would create an island of township property surrounded by
the city limits.
Assistant Administrator O'Neill informed Council that the urbanization
plan with the Township states that establishment of isolated parcels should
be avoided, but Council could annex the isolated parcel later under the
urbanization agreement. It was also noted by O'Neill that Franklin Denn,
Township Board Chair, felt that annexation of the Krautbauer property
without the Abbot property would be consistent with the urbanization plan.
The Township would not object to the Krautbauer annexation if Abbot were
to withdraw his request.
Councilmember Herbst suggested that perhaps the access to the River Mill
development should be on County Road 39, which would eliminate increased
traffic past Hawk's Bar and the median wouldn't need to be installed.
At this point in the meeting, Joe Abbot withdrew his petition for annexation
of the Hawk's Bar property.
After discussion, a motion was made by Clint Herbst and seconded by Dan
Blonigen to deny annexation of the Krautbauer property based an the
finding that TIF shouldn't be used far this development. Blonigen noted
that he would like to see both the Krautbauer and Hawk's Bar property be
annexed at the same time, as he felt the R-2 area should be rezoned to R-1.
At this point, Rick Sathre requested that Council table action in order to
give the developer a chance to work out a compromise with Joe Abbot, as
Rick Murray was unable to attend this meeting.
Herbst noted that he not opposed to the concept for the area but is against
the use of TIF to make improvements to the gravel pit. He also noted he
preferred the R-PUD concept rather than the R-2 zoning.
The City Attorney stated that the zoning of the River Mi11 subdivision has
already been approved and complies with the comprehensive plan. He
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Council Minutes - 10/24/94
noted that since Council has conceptually approved the use of TIF, to deny
annexation based on a disagreement with the use of TIF would be a change
in position and may result in consequences for the Council.
Councilmember Anderson suggested that the item be tabled.
VOTE ON THE MOTION TO DENY ANNEXATION: In favor: Dan
Blonigen, Clint Herbst. Opposed: Shirley Anderson, Warren Smith, Brad
Fyle. Motion failed.
A motion was made by Shirley Anderson and seconded by Warren Smith to
table action on annexation of the Robert Krautbauer property as requested
by the developer until the first Council meeting in November. Voting in
favor: Shirley Anderson, Warren Smith, Dan Blonigen, Brad Fyle.
Opposed: Clint Herbst. Motion passed.
17. Consideration of ado tin buildin ins ection rocedures redefinin level of
ins ectians and amendments to fee structure relatin to sin le fami
housing construction.
Assistant Administrator O'Neill explained that City staff has been
analyzing current building inspection services in an effort to determine if
efficiency could be improved by streamlining the process. During review of
the building inspection process, staff realized that the fees charged by the
City have not been reviewed for quite some time. O'Neill noted that after
researching fees charged by other cities, it became apparent that an
increase in fees charged by the City of Monticello is justified in order to
keep pace with the rising cost to provide building inspection-related services
and to provide revenue for future City expenses that are, in part, caused by
the housing growth Monticello is experiencing. Council is asked to adopt
the new building inspection procedures and consider making amendments to
the fee structure relating to single family housing construction.
Tom Halthaus of Value Plus Homes, Inc., requested a chance to review the
information prior to Council adoption and asked that Council consider not
making the fee changes effective immediately, as it would amount to
thousands of dollars for Value Plus Homes.
Because of the late hour, it was the consensus of Council to adopt the new
forms and procedures for the building department, including collection of
sewer and water access fees with the building permit, and to table
discussion of increasing the fees until the next regular Council meeting.
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18. Consideration of condemnation of two hazardous trees n_the_ci~of
Monticello.
Jahn Simola, Public Works Director, explained that the City Tree Inspector
has noted the existence of two hazardous trees within the city. The first
tree is located on the Chantelle Mitchell property at 206 East River Street,
and the other is located east of the fire hall on the Robert Ameriks property.
Bath property owners are hesitant to have the trees removed due to the
cost. Simola noted that the City Attorney recommended that Council
condemn the trees and order removal as allowed by the building code and
city ordinances.
After discussion, a motion was made by Warren Smith and seconded by Dan
Blonigen to authorize condemnation and removal of the tree located east of
the fire hall. Motion carried unanimously.
19. Consideration of a raval of bills for the month of October.
After discussion, a motion was made by Shirley Anderson and seconded by
Warren Smith, to approve the bills for the month of October as presented.
Motion carried unanimously.
20. Other matters.
A. City Engineer Bret Weiss requested that Council adopt a resolution
requesting approval to use state aid funds for the pathway project
(Project 93-OSC). He noted that plans and specifications are
developed assuming that state aid funds will be used for a portion of
the project.
After discussion, a motion was made by Clint Herbst and seconded by
Warren Smith to adopt a resolution requesting approval to use state
aid funds for the pathway project. Motion carried unanimously.
SEE RESOLUTION 9432.
There being no further business, the meeting was adjourned.
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K r Daty
Office Manager
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