City Council Minutes 01-13-1992MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, January 13, 1992 - 7:00 p.m.
Members Present: Ken Maus, Shirley Anderson, Clint Herbst, Brad
Fyle, Dan Blonigen
Members Absent: None
2. Approval of minutes.
After discussion, a motion was made by Shirley Anderson and
seconded by Dan Blonigen to approve the minutes of the special
meeting held December 5, 1991, and the regular meeting held
December 9, 1992, as submitted. Motion carried unanimously.
3. Citizens comments/petitions, requests, and complaints.
None forthcoming.
4.. Consideration of adopting an ordinance amendment governing
adult land uses. AND
5. Consideration of adopting an ordinance amendment establishing
a license requirement for adult uses/principal and adult
uses/accessory.
Mayor Maus reviewed the need to adopt a zoning ordinance
amendment regulating adult land uses. He noted that without
the zoning ordinance amendment, adult land uses such as adult
book stores and X-rated movie theaters could locate anywhere
in the commercial districts within the city of Monticello.
The proposed ordinance amendment is designed to regulate adult
land use activities in a manner that protects the City from
the negative secondary effects of the adult land uses. He
went on by saying that the City cannot legally ban adult uses.
If the City attempted to ban adult uses, if taken to court,
the ordinance amendment would be thrown out as invalid, and
the City would lose the regulating power it does legally
possess. Assistant Administrator O'Neill reviewed the
proposed zoning ordinance amendment and associated resolution
in detail.
Clint Herbst noted that the definition of adult use/accessory,
which allows 10% of retail space to be used for adult videos
and adult magazines, is too loose. He suggested that the City
establish a cap on the amount of square footage that a
business could dedicate to adult accessory uses.
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Council Minutes - 1/13/92
Paulette Conroy noted her concern regarding the proposed
ordinance establishing a license requirement for adult uses/
principal and adult uses/accessory. She suggested that the
fee for adult use/accessory be at least $250, and the fee for
adult use/principal should be $1,000.
Paulette Conroy asked how Buffalo justified the $1,000 fee.
She suggested that the City of Buffalo must have been able to
document the fee.
Lieutenant Don Lindell of the Sheriff's Department noted that
to conduct a thorough investigation of an individual's
background that might be applying for an adult use/principal
license could require up to 25 hours, which would cost about
$600.
Dennis Dalen, attorney representing the City, noted that
licensing cannot be used as a revenue raising measure. If the
court finds that the City is charging a high licensing fee as
a cover for trying to keep this type of use out of the city,
the entire ordinance could be thrown out. Dalen went on to
note that the City can charge more for a liquor license than
an adult use license because there is a state law that allows
the City to charge a higher fee for liquor licenses.
John Klipper, attorney representing Jim and Cheryl Wolf, noted
that the licensing requirement amounts to a punishment for his
client. He asked how harmful adult accessory use activity at
the A-V Room actually is . The A-V Room has shown a good track
record with no complaints. Klipper suggested that the City of
Monticello adopt Buffalo's policy, which is to not require
licensing of video stores and convenience stores that dedicate
less than 10% of their retail space for the sale of adult
materials.
Jim Herbst stated that he understands that Council's hands are
tied and that the City cannot legally ban adult uses. He
implored the Council, however, to keep it as hard as possible
for adult uses to get into the community.
After discussion, a motion was made by Shirley Anderson and
seconded by Dan Blonigen to adopt a resolution adopting
findings and conclusions supporting establishment of
regulations governing adult land uses and modify the proposed
zoning ordinance by requiring that adult accessory uses shall
not exceed 10% of retail space or shall not exceed a maximum
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Council Minutes - 1/13/92
of 100 sq ft, whichever is smaller. Voting in favor of the
motion: Shirley Anderson, Dan Blonigen, Ken Maus, Brad Fyle.
Opposed: Clint Herbst.
SEE RESOLUTION 92-1 and ZONING ORDINANCE AMENDMENT NO. 217.
At this point in the meeting, Council discussed the proposed
ordinance requiring licensing of adult uses/principal and
adult uses/accessory.
Ken Maus noted that it has been shown in other communities
that adult uses result in an increase in crime in the areas in
which they are located. Maus suggested that the licensing fee
should reflect the need for additional police protection in
the area.
City Attorney, Dennis Dalen, responded by saying that the City
cannot pay for extra policing through the licensing fee and
that the fee can only be tied to the cost to process the
license.
Clint Herbst suggested that the initial fee for adult
use/principal be $1,000. This would make Monticello's fee
consistent with what Big Lake and Buffalo charge.
Brad Fyle noted that the businesses that now sell adult
magazines and videos as accessory adult uses have not caused
any problems. There have been no complaints about these
businesses; therefore, he wondered whether or not the City
needed to require licensing of these establishments.
Council then discussed whether or not an individual convicted
of a felony should be ineligible for an adult use/accessory or
adult use/principal license.
After discussion, a motion was made by Clint Herbst and
seconded by Shirley Anderson to direct City staff to prepare
a resolution outlining findings that support adoption of an
ordinance requiring licensing of adult uses/principal and
adult uses/accessory. Associated fees to be $50 for accessory
uses and $1,000 for principal use. In addition, the ordinance
should include a provision making anyone convicted of a felony
as being ineligible for adult use/principal license. Anyone
convicted of a felony would be eligible for an adult/use
accessory license, depending on criteria as noted in the draft
ordinance. Voting in favor of the motion: Ken Maus, Dan
Blonigen, Shirley Anderson, Clint Herbst. Opposed: Brad
Fyle.
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6. Consideration of adopting an ordinance establishing a Police
Advisory Commission.
After discussion, a motion was made by Shirley Anderson and
seconded by Clint Herbst to adopt an ordinance amendment
establishing a Police Advisory Commission. Motion carried
unanimously. SEE ORDINANCE AMENDMENT NO. 218.
7. Consideration of approving 1992/1993 contract for police
protection with Wright County Sheriff's Department.
In his written report, Rick Wolfsteller stated that the county
has recently prepared a two-year law enforcement contract for
police protection that the City Council is asked to ratify.
Currently, the City receives 7,321 hours of coverage for the
year 1992. The hourly rate has been set at $26 for a total
contract cost of $190,346. In the past, our law enforcement
contracts with the sheriff's department have been on an annual
basis; but since the county commissioners have established a
contracting rate for 1992 and 1993 in advance, they are
proposing two-year contracts. The second year of the contract
for 1993 would total $28.50 per hour. Wolfsteller went on to
recommend that the contract be ratified at the hourly rate of
$26 for 1992 and $28.50 for 1993.
Ken Maus noted that the service from the sheriff's department
has been satisfactory, and he sees no reason at this time to
change the contract as proposed.
Council discussed in general terms the potential of
establishing its own police department at some point in the
future. It was the consensus of Council to maintain the
present method for providing police service to the citizens of
Monticello.
Ken Maus requested that the Police Commission review the
sheriff's department fee structure and make sure that the
costs are fair.
After discussion, a motion was made by Shirley Anderson and
seconded by Dan Blonigen to approve the 1992/1993 contract as
submitted. Motion carried unanimously.
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8. Consideration of authorizing preparation of aquatic center
feasibility study and consider establishment of aquatic center
development task force.
Assistant Administrator O'Neill reported that the Parks
Commission recommends that the City Council authorize
preparation of a feasibility study that would investigate
development of a water park. The study would examine the
market or need for such a facility and determine the proper
size, configuration, complexity, location, construction and
operating costs, and anticipated revenues. In addition, the
Parks Commission requested that Council consider establishment
of a task force charged with providing input during the
feasibility study process. O'Neill noted that a number of
factors motivated the Parks Commission to investigate the
possibility of developing a water park, which included general
input from individual citizens requesting that the City pursue
this concept. In addition, a citizen survey conducted in late
1988 showed that 56% of Monticello residents indicated that
they would support development of a municipal pool. O'Neill
went on to note that the Parks Commission was attracted to
development of a water park rather than a municipal pool, as
a water park includes many amenities that a basic swimming
pool does not have. According to experiences of other
communities with pools, water park amenities are necessary to
make the facility attractive for use by people of all ages,
thereby maximizing the facility usage. O'Neill stated that
many other communities that currently have a municipal
swimming pool are converting it into the water park concept in
order to encourage people to use the facility. High use of
the facility would assure the City that fees will be
sufficient to cover operating costs. O'Neill went on to
describe some of the amenities that have been included in
other municipal water parks that would be reviewed via the
feasibility study process. These amenities include a wet sand
area, zero -depth wading area, dump slides, a 30 -foot high
water slide, sand volleyball court, and other features,
including bathhouse, deck areas, picnic tables, etc.
O'Neill summarized preliminary cost estimates and reviewed the
impact on City debt. He informed Council that the cost to
construct a water park as described in the concept plan is
estimated at $1.5 million. This cost does not include
potential additional cost to acquire land. It is proposed by
the Parks Commission that the project be financed via bond
issue, which would require a referendum. O'Neill noted that
debt service on projects already completed prior to 1992 is
dropping significantly due to completion of debt repayment
associated with projects completed in the late 19701s. Adding
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Council Minutes - 1/13/92
the aquatic center debt to the existing debt will result in a
reduction in the pace of the overall debt retirement.
Therefore, development of this facility will not result in an
increase in the City debt service and will not result in an
increase in taxes. What it does result in is less of a
decrease. For a $70,000 home, in 1993 a taxpayer could expect
a $21 decrease in taxes due to debt retirement. If the bond
issue passes, the decrease is reduced to $14 for a $70,000
home. O'Neill and Koropchak also reminded Council that due to
the tax increases associated with recent county and school
bond issues, overall debt is increasing; therefore, it could
be concluded that added cost to the taxpayer is not proper at
this time. In addition, despite the fact that the overall
City debt is decreasing, there are numerous projects as
outlined in the supplemental data in the draft 5 -year capital
improvement plan that will be developed in the next few years.
Council could take the position that many of these projects
may take precedence over aquatic center development. The
financial resources needed to conduct future projects should
be preserved; therefore, development of the aquatic center
should be discouraged.
Ken Maus asked pool consultant Richard Greenlee of Indeco, who
assisted the Parks Commission with their research, why develop
this size project. Greenlee noted that the water park concept
is the latest thing in pool development. He noted that it has
been demonstrated that the standard pool simply does not
attract crowds. Amenities need to be added to the pool in
order to attract crowds.
Parks Commission member, Bruce Thielen, noted that this type
of facility will be popular for many years to come. He went
on to say that there is very little for families to do in
Monticello in the summer months. This type of park will give
the kids something to do other than cruising.
Dick Frie stated that the Parks Commission is requesting that
the Council move forward with ordering the feasibility study
so that ultimately a referendum could be conducted prior to
issuance of bonds. Frie noted that the Parks Commission is
excited about the project because the water park concept
provides something for everyone making it a facility that the
entire family can enjoy.
Clint Herbst noted that it was a nice plan. He would like to
have it in Monticello, but it would be unfair to the public to
add to the debt. It was his view that we are on the right
track if we continue to eliminate City debt.
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Dan Blonigen stated that he was shocked at the proposal
prepared by the Parks Commission. He was certain that given
the present economy, there is no way that the citizens would
pass a referendum supporting construction of the water park as
presented.
Parks Commission member, Roger Carlson, stated that the City
has done very little in the past in providing recreational
facilities. Voters should have a chance to decide on whether
or not they want this type of facility. It's a public
decision.
Parks Commission member, Larry Nolan, stated that the people
he talked to were very favorably in support of the pool.
There is a lot of interest shown by families with children of
all ages.
Parks Commission member, Fran Fair, noted that people she's
talked to are excited about the concept. They are very
interested in a pool being constructed in Monticello. It was
her view that it would be very difficult to say that a
referendum would not pass.
Dick Frie reiterated the point that the concept presented to
Council is nothing more than a concept. The task force will
be taking a hard look at the numbers and will work hard at
making it a cost-effective project. He ended by asking the
Council to give the citizens of Monticello an opportunity to
decide.
Shirley Anderson stated that she liked the concept of
development of a water park, and she stated that the citizens
should have the opportunity to vote on it.
After further discussion, a motion was made by Shirley
Anderson and seconded by Brad Fyle to authorize City staff to
prepare a request for proposals for a water park feasibility
study to be submitted to pool design engineers/consultants.
Voting in favor of the motion: Shirley Anderson, Brad Fyle,
Ken Maus, Clint Herbst. Opposed: Dan Blonigen.
Council then established by consensus a task force charged
with assisting with preparation of the feasibility study.
Task force membership to include Clint Herbst and Shirley
Anderson from the City Council, all Parks Commission members,
Leo Nelson, and one member from the Industrial Development
Committee.
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Council Minutes - 1/13/92
At this point in the meeting, Brad Fyle left to respond to a
fire call.
9. Consideration of adopting a resolution ordering preparation of
School Boulevard feasibility study.
Assistant Administrator O'Neill reported that the City of
Monticello received a petition from Monticello School District
requesting construction of School Boulevard, which is a
proposed section of roadway connecting Fallon Avenue to County
Road 118 along the southern boundary of the 120 -acre parcel
owned by the school district. This petition has been
expected, and the two major property owners affected (school
district and Value Plus developers) understand they will be
paying for the entire cost of the project except that portion
attributed to roadway oversizing necessary to serve the city
at large.
After discussion, a motion was made by Shirley Anderson and
seconded by Dan Blonigen to adopt a resolution authorizing
School Boulevard feasibility study at an estimated cost of
$3,000 with the understanding that the school district will be
charged for the feasibility study in the event the project
does not proceed in 1992. Motion carried unanimously.
SEE RESOLUTION 92-2.
10. Consideration of approving the Monticello Joint Fire
Department entering into a contract with the City of Otsego.
In his report to Council, Administrator Rick Wolfsteller noted
that the City of Albertville has notified Otsego that it
intended to substantially increase its cost of providing fire
protection to Otsego because of its need to acquire additional
equipment and new facilities. Because of the large increase
in cost, Otsego met with the Monticello Joint Fire Board to
discuss Monticello's interest in servicing a portion of
Otsego. Initially, Otsego wanted the City of Monticello to
cover all the territory previously covered by the Albertville
Fire Department; but it appeared that some of the area
requested was quite a distance from Monticello, and it did not
appear that the Monticello Fire Department could provide an
adequate level of service to these areas.
Wolfsteller went on to note that it remains to be seen if the
proposed contract between Monticello and Otsego will remain a
long-term arrangement with Otsego. Wolfsteller stated that so
that Otsego was not without coverage, the Monticello Fire
Department has been providing coverage as of January 1.
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Council Minutes - 1/13/92
After discussion, a motion was made by Clint Herbst and
seconded by Dan Blonigen to approve entering into a contract
with the City of Otsego for fire protection as outlined on the
map enclosed with the agenda item. The annual charge is
estimated at $6,675 payable in four quarterly installments.
In addition to awarding the contract, the motion is to include
a letter to Otsego notifying them that they may break the
contract with the City at any time. Motion carried
unanimously.
11. Consideration of a change in scope of services provided by
Professional Services Group at the City's wastewater treatment
plant due to increased flows and loadings.
John Simola, Public Works Director, noted that during 1991,
flows and loadings to the treatment plant were in excess of
those outlined by the contract. The increased demand on the
wastewater plant beyond the contract are believed to be
attributable to increased loadings from Sunny Fresh Foods,
increased usage by residential and commercial properties, and
infiltration of ground water into the sanitary sewer system.
Since the recognition of a change in scope of services
incurred at the wastewater treatment plant due to the increase
in flows, we have been in negotiations with Professional
Services Group to look at actual cost or effect of those
increases on the operation of the plant.
Simola went on to recommend that the City Council recognize
the change in scope of operations at the treatment plant and
reimburse PSG $1,326 for 1991 and modify the base contract
figure for flow to 600,000 gallons per day at an increased
annual cost of $2,545 and modify the contract language to
reflect actual snow removal operations at the wastewater
treatment plant and to modify sections regarding costs for
change in scope from loadings and flow.
After discussion, a motion was made by Dan Blonigen and
seconded by Clint Herbst to reimburse PSG $1,326 for 1991 to
compensate for treatment of added flows and to modify the base
contract figure for flow to 600,000 gallons per day at an
increased annual cost of $2,545 and modify contract language
to reflect current snow removal operations at the wastewater
treatment plant and change of scope costs. Motion carried
unanimously.
Ken Maus reminded Larry Breimhurst of PSG that odor control
should be continually evaluated at the plant. Breimhurst said
that odor control is at the top of their list.
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Council Minutes - 1/13/92
12. Consideration of making annual appointments.
After discussion, a motion was made by Dan Blonigen and
seconded by Clint Herbst to approve annual appointments as
follows:
Official Depositories:
Wright County State Bank
Security Financial Savings & Loan
Community Education:
First National Bank of Monticello
Anderson
Chief Financial Officer -
Fire Board:
authorized to designate other
Wolfsteller
depositories for investment
OAA:
purposes only.
Newspaper:
Monticello Times
Housing & Redevelopment
1.
Authority:
1. Tom St. Hilaire 12/96
(5 -yr staggered terms)
2. Ben Smith 12/95
Duff Davidson
3. Bud Schrupp 12/94
4. Al Larson 12/93
Mary Jane Puncochar
5. Everette Ellison 12/92
Planning Commission:
1. Richard Carlson
Ruby Benson
2. Jon Bogart
3. Cindy Lemm
Rebecca Jesinski
4. Richard Martie
Attorney:
5. Dan McConnon
Health Officer: Dr. Donald Maus
( 1 year)
Acting Mayor: Dan Blonigen
(1 year)
Joint Commissions:
Community Education:
Shirley
Anderson
Fire Board:
Rick
Wolfsteller
OAA:
Ken
Maus
Library Board:
1.
Ed Solberg
12/93
(3 -yr staggered)
2.
Duff Davidson
12/94
3.
Mary Jane Puncochar
12/93
4.
Ruby Benson
12/94
5.
Rebecca Jesinski
12/92
Attorney:
Paul
Weingarden
Planner:
Not
established
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13.
Council Minutes - 1/13/92
Auditor: Gruys, Borden, Carlson & Assoc.
Recycling Committee: Dan Blonigen
Economic Development
Authority:
1.
Brad Fyle, Council
12/94
2.
Clint Herbst, Council
12/94
3.
Harvey Kendall
12/96
4.
Al Larson
12/92
5.
Barb Schwientek
12/93
6.
Bob Mosford
12/94
7.
Ron Hoglund
12/95
Engineer:
Orr-Schelen-Mayeron & Associates
Police Advisory
Commission:
1.
Brad Fyle, Council
12/92
2.
Warren Smith
12/94
3.
David Gerads
12/94
4.
Jim Fleming
12/92
5.
Curtis Schmidt
12/93
Parks Commission:
1.
Dick Frie
12/93
2.
Larry Nolan
12/93
3.
Fran Fair
12/94
4.
Bruce Thielen
12/92
5.
Roger Carlson
12/92
Motion carried unanimously.
Consideration of repairs to sanitary sewers on River Street
and Linn Street.
John Simola noted that due to increased flows at the
wastewater treatment plant, City staff has been reviewing the
condition of the collection system, including lift stations,
for possible infiltration of ground water. Simola went on to
show a video of sections of sanitary sewer along River Street
in the area of Linn Street. The video revealed a significant
amount of infiltration on River Street between Minnesota and
Linn Street and Linn Street between River Street and Front
Street. The video revealed substantial amounts of ground
water entering the sanitary sewer system. Simola went on to
recommend that the City Council authorize staff to direct
Solidification, Inc., to seal the leaks.
After discussion, a motion was made by Dan Blonigen and
seconded by Clint Herbst to authorize City staff to have
Solidification, Inc., to test and seal leaks of the sanitary
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Council Minutes - 1/13/92
sewer lines for two blocks on River Street and one block on
Linn Street at an estimated cost of $4,959 plus the cost of
$250 for inspection of the Abrahamson sewer service. In
addition, this alternative authorized City staff to obtain
quotes from various local contractors for the repair of the
broken sanitary sewer main in the area of the Abrahamson
driveway, with staff authorized to proceed with repairing a
broken sanitary sewer main using a contractor that submits the
lowest bid. Motion carried unanimously.
14. Consideration of purchase of chlorine leak detection equipment
for pump houses #1 and #2 and a chlorine scale for pump house
#1.
John Simola and Matt Theisen recommended that the City Council
authorize the purchase of chlorine leak detection equipment
interfacing for pump houses #1 and #2 and one two -cylinder
chlorine scale for pump house #1. The installation of this
equipment will result in a safer chlorine injection operation
in the downtown area, which is considered a high-risk area
should a problem develop.
After discussion, a motion was made by Shirley Anderson and
seconded by Clint Herbst to authorize the City staff to
purchase two capital chlorine alarm detectors from Feed -Rite
Controls for $2,523.60 for the pair, interfacing of the
chlorine detectors and the alarm dialer at the reservoir from
Automatic Systems at $1,134, and purchase of a Wallace and
Tiernan two -cylinder chlorine scale from Jim Henry Sales of
St. Cloud, Minnesota, for $965 for a total of $4,622.60.
Motion carried unanimously.
15. _Consideration of liquor license ownership transfer --Monticello
Liquor, Inc.
In his report, Rick Wolfsteller noted that Marilyn
Lindenfelser, owner of Monticello Liquor, Inc., has been
issued an on -sale license for a number of years for the
establishment at 130 East Broadway. The corporation was owned
by Marilyn Lindenfelser along with her four children. As part
of the estate plan, Marilyn Lindenfelser has transferred all
of her shares of the corporation to her four children equally.
Since Marilyn was the original applicant that received
approval for the license from the City, this transfer of
ownership should technically be approved by the City Council.
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16.
Council Minutes - 1/13/92
After discussion, a motion was made by Shirley Anderson and
seconded by Dan Blonigen to approve liquor ownership transfer
contingent on completion of a background check on all
individuals owning a share of the Monticello Liquor, Inc.
Motion carried unanimously.
Consideration of bills for the last half of December and first
part of January.
After discussion, a motion was made by Shirley Anderson and
seconded by Clint Herbst to approve bills as submitted.
Motion carried unanimously.
17. Other matters.
John Simola requested that the City Council authorize adding
magazines to the list of items that are recyclable. He noted
that there is now a market for this type of material and that
the City can save $25 a ton by including magazines to the list
of items that are recyclable.
After discussion, a motion was made by Shirley Anderson and
seconded by Dan Blonigen to direct City staff to include
magazines among the items that may be included in the
Monticello recycling program. Motion carried unanimously.
c
Z
i e f f `-'O;'11'1461ll
Assistant Administrator
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