City Council Minutes 08-26-1996MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, August 26, 1996 - 7 p.m.
Members Present: Brad Fyle, Shirley Anderson, Clint Herbst, Brian Stumpf, Tom
Perrault
Members Absent: None
2. Approval of minutes of the regular meeting held August 12, 1996,
Councilmember Tom Perrault requested that his comments regarding his
opposition to item #13 include that he was concerned that the water tower
would be maintained beyond its useful life.
AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND
SECONDED BY BRIAN STUMPF TO APPROVE THE MINUTES OF THE
REGULAR MEETING HELD AUGUST 12, 1996, AS CORRECTED. Motion carried
unanimously.
3. Consideration of adding items to the agenda.
None.
4. Citizens comments/petitions, requests; and complaints.
None.
5. Consent ag nd -
A. Consideration of authorizing a temporary gambling license --
St Henry's Catholic Church. Recommendation: Adopt a resolution
approving the issuance of the temporary two-day gambling license.
SEE RESOLUTION 96-37.
A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY SHIRLEY
ANDERSON TO APPROVE THE CONSENT AGENDA AS RECOMMENDED.
Motion carried unanimously.
None.
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7. Consideration of an amendment to the zoning ordinance by establishing a I
A.. Q•.
Steve Grittman, Consulting Planner from Northwest Associated Consultants,
reported that the City previously denied a request to add automotive
maintenance facilities such as an oil/lube shop to the B-2 or PZM districts,
which would have allowed Investors Together to construct such a facility
near the Total Mart on County Road 75.
The follow-up approach proposed is establishment of a limited business
district which would permit the type of commercial establishment requested
by Investors Together. There was concern that a B-3 district would not be
appropriate in this location since it would allow the full range of automotive
related uses; and as a result, a modified B-3 district, labeled "B -3A," was
created for the City's consideration. Grittman described the district as
intending to allow limited commercial uses which are of a convenience nature
and compatible with neighborhood residential uses, and it included the
oil/lube facility requested by Investors Together.
Planning Commission conducted a public hearing on the request for an
ordinance amendment creating the B -3A district and voted to recommend
denial based on the finding that the current district regulations for B-1, B-2,
B-3, and B-4 are adequate and properly define distinct business districts;
therefore, development of an additional business district was not necessary.
In addition, Planning Commission tabled consideration of Investors
Together's rezoning and conditional use requests which would allow an auto
lube facility to operate in the new zoning district until after Council action on
the B -3A zoning district amendment.
Grittman went on to explain that from a land use standpoint, it is possible to
distinguish auto maintenance versus auto service. Auto maintenance in the
proposed ordinance is a "while you wait" type of service; however, concerns
have been expressed regarding how long is too long to wait until it becomes
an auto service facility rather than auto maintenance. Enforcement would be
an issue, as it would be difficult for the City to determine whether the cars
have been stored or serviced too long. Therefore, City staff' also
recommended that Council deny creation of the B -3A district.
Council discussed whether to revisit the idea of allowing the oil/lube facility
in the PZM zone as a conditional use. It was noted that the proposed facility
seemed to be consistent with the businesses already in the area and that
most other PZM areas are intermixed with residential uses and located on
residential streets, which would make an oil/lube facility incompatible in
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those areas. However, it was also noted that it would best if areas already
zoned for business were developed rather than amending the ordinance to fit
one particular parcel.
Dan Gassler of A Glorious Church stated his opposition to creating a B -3A
district and also to allowing an oil/lube facility as a conditional use in the
PZM zone. He noted that in the future, services such as checking and
replacing brakes could be added once a precedence has been set allowing oil
changing, tire rotation, etc. This would be difficult for the City to monitor.
In addition, Gassler reported that when the Church was looking for property
on which to build, the City was adamant about building in the proper zone.
Since the Church was required to build in an R-1 zone, it was Gassler's view
that the oil/lube facility should also be required to build in the proper zone.
Residents of Mississippi Drive also noted their opposition to allowing an
oil lube facility in the PZM zone. It was their view that this type of facility
was not a "neighborhood" business and would draw customers from other
areas of town.
Mayor Fyle then read a letter/petition from four residents of Mississippi
Drive opposing the proposed ordinance amendment.
Dan Mielke stated his opposition to the proposed ordinance amendment. He
noted that he agreed with a Council decision made last spring to deny
issuance of a building permit because the house plans didn't conform with
the covenants of the development. The property owner could have built a
house in the development provided it was built within the covenants. It was
Mielke's view that the request by Investors Together was the same situation,
and they should be required to build in conformance with the zoning
ordinance.
Councilmember Perrault stated that he visited a rapid oil change located at
Highway 694 and University and noted that it was a very clean and quiet
operation. It was Perrault's view that noise would not be a factor at the
proposed site.
AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND
SECONDED BY TOM PERRAULT TO DENY ADOPTING THE ORDINANCE
AMENDMENT CREATING A B -3A DISTRICT BASED ON THE FINDING THAT
THE CURRENT ZONING DISTRICTS ADEQUATELY FURTHER THE
OBJECTIVES OF THE COMPREHENSIVE PLAN, AT LEAST IN THE AREAS
WHICH WOULD BE AFFECTED BY THIS AMENDMENT. Motion carried
unanimously.
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A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM
PERRAULT TO AUTHORIZE RECONSIDERATION BY THE PLANNING
COMMISSION OF AN ORDINANCE AMENDMENT ALLOWING A QUICK LUBE
FACILITY AS A CONDITIONAL USE IN A PZM ZONE. Voting in favor: Brian
Stumpf, Tom Perrault, Brad Fyle. Opposed: Shirley Anderson, Clint Herbst.
Motion passed.
8.
Consideration
the number,
of
size,
amendment
and use
to the
of accessory
Monticello Zoning
buildings in
Ordinance reiaJ1TW1rA,
residential zoning
Consulting Planner Steve Grittman reported that staff created a number of
alternatives for Council to consider which would clarify the City's regulations
for detached accessory buildings on small residential lots. Exhibit B clarified
the current language as applying exclusively to detached accessory buildings
and would keep the current size restrictions of 1,000 sq ft. Exhibit C
restricted the amount of accessory building by relating size to the size of the
rear yard and the size of the principal building; however, Grittman noted
that the Building Official suggested that this alternative would be
cumbersome to administer. Exhibit D restricted the amount of accessory
building by relating the size to the size of the rear yard and, specifically,
would permit all single and two family dwellings to have an accessory
building of up to 400 sq ft.
AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND
SECONDED BY BRIAN STUMPF TO ADOPT AN ORDINANCE AMENDMENT
WHICH STATES THAT NO DETACHED ACCESSORY BUILDING SHALL EXCEED
TEN PERCENT OF THE REAR YARD OR 1,000 SQ FT IN FLOOR AREA,
WHICHEVER IS LESS. Motion carried unanimously. SEE ORDINANCE
AMENDMENT NO. 283.
increase9. Consideration Qf granting an to the individual pen ion for Voluntee
Firefighter Relief
members.
City Administrator Rick Wolfsteller reported that members of the volunteer
fire department requested that Council consider an increase in their
retirement benefit from the present $1,325 per year of service to $1,400 per
year, which is payable in a lump sum after 20 years of service on the fire
department. Past policy of the Council has been to only consider increasing
the yearly pension amount if the Relief Association had sufficient income
projected to cover the increase. In the past, the City Council has not
supported any benefit level that would require a contribution from the City
as a tax levy. He noted that the pension schedule report provided by the
Relief Association treasurer indicated that the Association should have
sufficient funds to support an increase to $1,400 per year based on
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investment interest earnings at the rate of approximately 9% for the year
1996, which is based on a 5 -year average of their investment return.
Wolfsteller reminded Council that state aid and investment earnings are not
guaranteed, and the only way to be entirely sure of no municipal support is
to allow the Association to increase benefits only when their assets exceed
their liabilities. At this time, the Association's assets are approximately
$369,500, and liabilities would be $393,600 if the $1,400 annual amount was
approved.
Councilmember Herbst suggested that since the assets are so close to the
liabilities, a smaller increase such as $50 to $1,375 per year of service should
be granted to see how close the assets and liabilities would be next year.
Mark Wallen, Fire Chief and Secretary of the Relief Association, noted that
according to the bylaws, anyone with less than 10 years is not vested, and
only vested members are entitled to pension funds except in the case of
death. It was Wallen's view that non -vested members shouldn't be factored
into the liability since they could not collect any funds.
Mayor Fyle noted that he would abstain from voting since he is a member of
the fire department. Councilmember Stumpf stated that since he is not a
vested member at this time, he will vote on this item.
AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND
SECONDED BY BRIAN STUMPF TO GRANT AN INCREASE IN THE INDIVIDUAL
PENSION FUND TO $1,400 PER YEAR. Voting in favor: Shirley Anderson,
Brian Stumpf. Opposed: Clint Herbst and Tom Perrault. Abstaining: Brad
Fyle. Motion failed.
A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY TOM
PERRAULT TO GRANT AN INCREASE IN THE INDIVIDUAL PENSION FUND TO
$1,375 PER YEAR. Voting in favor: Clint Herbst, Tom Perrault, Shirley
Anderson, Brian Stumpf. Abstaining: Brad Fyle. Motion passed.
10. Consideration of requests to amend the Urban Service Area boundaries,
Applicants, Art Anderson and Orrin Thompson Homes,
Assistant Administrator O'Neill reported that the City recently received
information from realtors representing Art Anderson that he is interested in
selling his property for development purposes. The Anderson property
consists of 40 acres and is located in the township directly across from the
Oak Ridge subdivision.
A petition for annexation of property by Orrin Thompson Homes has also
been made; however, action on this project was tabled some time ago pending
completion of the wastewater treatment plant. The Orrin Thompson
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property consists of 80 acres, with 40 acres located within the Orderly
Annexation Area (OAA) and 40 acres outside of the OAA. The OAA was
established in the early 1970's to provide for joint planning of areas expected
to become part of the city. O'Neill noted that the presence of the OAA
boundaries does not necessarily limit annexation.
The Anderson and Orrin Thompson properties are not included in the "Urban
Service Area," which was established in 1990 between the City and the
Township. The purpose of this area is to identify properties most logical for
immediate annexation, which avoids leapfrog development. Generally,
properties that are contiguous to the city and have direct access to utilities
are placed in the Urban Service Area. When the original Urban Service Area
was established, the Anderson and Orrin Thompson properties were
separated from city services by land now occupied by the Oak Ridge
development. Now that the Oak Ridge development is complete, both
properties have direct access to city utilities and now meet many of the
criteria used to establish which properties should belong in the Urban
Service Area. Therefore, it was requested by the property owners that
Council consider including these properties in the Urban Service Area.
O'Neill went on to explain that according to a recent study funded by Orrin
Thompson Homes and Tony Emmerich, the sanitary sewer capacity available
to serve the general vicinity is limited. Emmerich's property consists of 40
acres and is inside of the Urban Service Area. Due to service limitations, it is
not likely that three properties would be able to develop without extension of
a trunk line. O'Neill noted that both the trunk sanitary sewer plan and the
comprehensive plan point general residential development toward the south
and southwest sides of the city where development can occur on a more
compact, efficient basis and where the cost to install trunk sanitary sewer
systems is less.
Council discussed the time line of the wastewater treatment plant expansion
with regard to annexation of property. Mayor Fyle noted that he would not
be comfortable changing the OAA or Urban Service Area boundaries until the
treatment plant project is further along.
Bruce Pankonin of Orrin Thompson Homes stated that they began working
with the City in 1994 and submitted a petition for annexation in 1995. In
the interim, they helped fund the trunk sanitary sewer study, and they do
understand the capacity limitations with the treatment plant. Pankonin
agreed that the City should table discussion on changing boundaries of the
Urban Service Area and OAA until after the treatment plant expansion
project is bid. He noted that the sanitary sewer serving his site can drain
into the existing trunk system, which has adequate capacity, and they would
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like to use that capacity when the City is ready to accept development. In
addition, Pankonin stated they would be willing to pay trunk fees today to
help finance future trunk lines.
Tony Emmerich also stated that he is not in a rush to develop his property
but did also help pay for the trunk sanitary sewer study.
AFTER FURTHER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST
AND SECONDED BY BRAD FYLE TO TABLE CONSIDERATION OF AMENDING
THE URBAN SERVICE AREA BOUNDARIES UNTIL BIDS HAVE BEEN
APPROVED FOR EXPANSION OF THE WASTEWATER TREATMENT PLANT.
Voting in favor: Clint Herbst, Brad Fyle, Shirley Anderson, Tom Perrault.
Opposed: Brian Stumpf. It was Stumpf s view that if the developers were
willing to take the risk, the process of preparing for annexation could take
place but development would wait until the new treatment plant was on line.
Motion passed.
Consideration of ren embership in )Mright County EcM1
DevelQpme,ntPartnership.
Darrin Lahr and Arnie Hendrickson, Board members of the Wright County
Economic Development Partnership, requested support from the Council in
the form of dues amounting to $1,504.50 for 1997. It was noted by the City
Administrator that for 1996, the City paid $1,004.50, and an additional $500
was contributed by the Monticello Industrial Development Committee,
making the total City contribution $1,504.50. However, the IDC recently
became a part of the Chamber of Commerce and turned control of their
finances over to the Chamber.
Council discussed what advantages joining the Partnership would have for
the City and whether or not there would be a duplication efforts since
Monticello has its own Economic Development Director. It was noted that
the basic reason for joining the Partnership originally was that what was
good for the county would ultimately be good for the city in encouraging tax
base increases throughout the county.
Darrin Lahr noted that in the past Wright County had not contributed any
funds toward the Partnership but recently agreed to contribute $30,000 for
1997. He also noted that a five-year plan has been prepared, which included
hiring a full-time executive director.
AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND
SECONDED BY TOM PERRAULT TO APPROVE MEMBERSHIP TO THE WRIGHT
COUNTY ECONOMIC DEVELOPMENT PARTNERSHIP CONTINGENT UPON
THE CITY'S CONTRIBUTION BEING $1,004.50 AS INVOICED, WITH THE
PARTNERSHIP APPROACHING THE CHAMBER OF COMMERCE FOR THE $500
CONTRIBUTED PREVIOUSLY BY THE IDC. Motion carried unanimously.
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12. Consideration of inc . - the 1997 police contract hours with Wri
City Administrator Rick Wolfsteller reported that at a recent Police Advisory
Commission meeting, commission members discussed with Wright County
Chief Deputy Don Lindell the current 24 -hour -a -day coverage in regard to
providing adequate protection. Lindell noted that the increase in coverage to
24 hours a day began in 1993 and that the City should consider increasing
the hours of coverage by an additional 200-400 hours per year that could be
used at the Sheriff's Department's discretion. Statistical information
provided to the commission indicated that calls for service have increased
approximately 15%, which corresponds to the increase in population of about
14% in the last three years.
Wolfsteller explained that at the proposed 1997 contract rate of $34.50 per
hour, an additional 200 hours of coverage would amount to $6,900, or about a
2% increase. An additional 400 hours of coverage would amount to a $13,800
increase in the contract.
Councilmember Herbst requested that additional information from the
Sheriffs Department be provided regarding where or when the hours would
be used or needed. Councilmember Stumpf, who is also a member of the
Police Commission, stated that he had suggested to the commission that if
the hours of coverage were to be increased, they should be increased by 200
hours to start. Additional hours could be added later if needed.
The City Administrator noted that Council could authorize including 200
hours in the 1997 budget, with additional information to be obtained from
the Sheriffs Department prior to increasing the actual police contract.
AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND
SECONDED BY TOM PERRAULT TO ADD 200 HOURS OF POLICE COVERAGE
TO THE 1997 BUDGET BUT OBTAIN ADDITIONAL INFORMATION FROM THE
WRIGHT COUNTY SHERIFF'S DEPARTMENT REGARDING THE USE OF THOSE
HOURS PRIOR TO INCREASING THE POLICE CONTRACT. Motion carried
unanimously.
13. Review of SBR manufacturerd_ and consideration
Public Works Director John Simola reported that as part of the design
process for the wastewater treatment plant expansion, the City hired Ewing
Engineering to evaluate the equipment of prequalified SBR manufacturers
under field conditions at Sunny Fresh Foods. The equipment of Austgen-
Biojet, using the fine bubble diffuser aeration system, and JetTech/U.S.
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Filter, using the jet aeration system, was tested. Ewing Engineering then
rated the efficiency of both firms' aeration equipment under conditions at
Sunny Fresh Foods and conditions expected at the treatment plant.
Both firms were then invited to revise their preliminary budget numbers in
the form of an actual bid for the SBR portion of the wastewater treatment
plant project, with bids due on August 21 at 2 p.m. A single bid was
received, which was from Austgen-Biojet. JetTech chose not to bid, as the
test values from Sunny Fresh Foods indicated that reduced efficiency would
have made it economically unfeasible to use the JetTech system.
AFTER DISCUSSION, A MOTION WAS MADE BY SHIRLEY ANDERSON AND
SECONDED BY CLINT HERBST TO AWARD THE BID FOR SHOP DRAWINGS TO
AUSTGEN-BIOJET AT A COST OF $55,000 (WITHOUT BLOWERS), AND
APPROVE THEIR FABRICATION/DELIVERY/AND SBR STARTUP COST OF
$623,081 (WITHOUT BLOWERS) AND THE 2 -YEAR EXTENDED WARRANTY
BOND COST OF $2,250. Motion carried unanimously.
wastewater14. Consideration Qf approval of plans and specifications and cost estimate o
- plant,- • _ an.
Public Works Director John Simola reported that the plans and specifications
for the wastewater treatment plant expansion were in final draft form, which
included the Minnesota Pollution Control Agency's latest comments.
When last reviewed by the Council in the fall of 1995, the expected
construction cost for the 3 -tank SBR, including engineering, was estimated at
$9,770,000. In his report to Council, Simola noted that the exceptional
quality Class A sludge process was higher than originally estimated and had
used some of the contingency funds. In addition, there was a $55,000
increase in engineering costs to back up and revise the plans for the Kruse
property, as well as for fast tracking the first stage digester cover. Also, the
standby generator proposed for the SBR system as an "adder" had become a
necessity and should be incorporated into the project.
Bob Peplin of HDR reviewed the current construction estimate of August 22,
1996, totaling $11,942,051. The largest increases in the estimate were for
the headworks building, which increased from $745,000 to $1,985,490, and
the administration building, which increased from $300,000 to $516,510.
Councilmembers expressed their disappointment and frustration with the
continuing increase in the construction cost estimates of the plant. They
pointed out that the current cost estimate for the project was now double
what HDR's original bid was at the time the project was awarded.
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Peplin stated that the treatment plant is very complicated, and after
reviewing each room and over 300 plan sheets, additional costs were
discovered that weren't known at bid time.
The Public Works Director requested that Council table action on this item
pending further discussions between staff' and the engineer.
A MOTION WAS MADE BY SHIRLEY ANDERSON AND SECONDED BY BRIAN
STUMPF TO TABLE DISCUSSION OF APPROVING PLANS AND
SPECIFICATIONS AND COST ESTIMATE OF THE TREATMENT PLANT
EXPANSION UNTIL THE REGULAR COUNCIL MEETING OF SEPTEMBER 23
AND DIRECT HDR TO MEET WITH CITY STAFF TO TRY AND REDUCE THE
COST ESTIMATE OF THE PROJECT. Voting in favor: Shirley Anderson, Brian
Stumpf, Tom Perrault, Clint Herbst. Opposed: Brad Fyle. Motion passed.
15. Consideration of next contract ph,aae with HDR to advertise for bid I
bids, and make reco m-mendations for award of contract for wastewate
treatment plantexpansion, 1
The Public Works Director suggested that Council also table this item until
the regular Council meeting of September 23.
A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY TOM
PERRAULT TO TABLE DISCUSSION OF THE NEXT CONTRACT PHASE WITH
HDR UNTIL THE REGULAR MEETING OF THE COUNCIL SCHEDULED FOR
SEPTEMBER 23, 1996. Motion carried unanimously.
station16. Consideration of feasibility.atudy, and cost estimate to add aeptage re-c�nj
i the expand !wastewaterr
Public Works Director John Simola reported that recent and pending state
and federal regulations regarding septage disposal are putting pressure on
rural areas to find alternate methods of treatment for septage. In response to
this pressure, Monticello Township requested that the City consider adding a
septage receiving station at the expanded wastewater treatment plant.
Simola noted that in order to consider adding this station to the plant, the
City would need to know what equipment would be needed, the effects it
would have on the treatment plant operation and capacity, the cost of
installation and expected fees that would be charged, and if there are enough
users to support the cost of such a system. Simola noted that HDR estimated
the cost of studying this issue at $5,490.
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Council Minutes - 8/26/96
A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT
HERBST TO AUTHORIZE HDR TO PERFORM A FEASIBILITY STUDY AND COST
ESTIMATE TO ADD A SEPTAGE RECEIVING STATION TO THE EXPANDED
WASTEWATER TREATMENT PLANT AT A COST OF $5,490 ONLY IF THE
TOWNSHIP PAID FOR THE STUDY AND INSTALLATION OF THE STATION.
Voting in favor: Brian Stumpf, Clint Herbst, Shirley Anderson, Tom
Perrault. Abstaining: Brad Fyle. Motion passed.
17. Consideration of adopting a resolution approving Monticello Heartlan
Express 1997 Budget and Transit Assi tance-Appliratio -
Assistant Administrator O'Neill reported that the proposed 1997
Management Plan for the Monticello Heartland Express did not include any
significant changes for 1997. The Heartland Express budget included the
single service contract bid the City received on August 22 from Hoglund
Coach Lines, which proposed an hourly rate for 1997 of $26.45 and $27.17 for
1998. These hourly rates amount to a 2.53% increase for 1997 and 2.72% for
1998.
O'Neill stated that the total cost to operate the Heartland Express in 1997
was projected at $70,235. Of this amount, $12,000 would be paid by fare
revenue, $16,094 would be paid by the City, and the balance ($42,141) would
be paid by state and federal sources.
AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND
SECONDED BY SHIRLEY ANDERSON TO ADOPT A RESOLUTION APPROVING
THE 1997 MANAGEMENT PLAN AND TRANSIT ASSISTANCE APPLICATION
FOR THE MONTICELLO HEARTLAND EXPRESS. Motion carried unanimously.
SEE RESOLUTION 96-38.
AFTER DISCUSSION, A MOTION WAS MADE BY TOM PERRAULT AND
SECONDED BY SHIRLEY ANDERSON TO APPROVE THE BILLS FOR THE
MONTH OF AUGUST AS PRESENTED. Motion carried unanimously.
There being no further discussion, the meeting was adjourned.
"an Doty
Office Manager
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