City Council Minutes 01-23-1989MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, January 23, 1989 - 7:30 p.m.
Members Present: Ken Maus, Fran Fair, Shirley Anderson, Warren Smith
Dan Blonigen
Members Absent: None
1. Call to Order.
2. Approval of minutes.
Motion by Warren Smith, seconded by Fran Fair, to approve minutes of the
special meeting held December 12, 1988. Voting in favor: Fran Fair,
Warren Smith, and Dan Blonigen. Ken Maus and Shirley Anderson abstained.
Motion carried.
Motion by Fran Fair and seconded by Warren Smith to approve minutes of
the regular meeting held January 9, 1989. Motion passed unanimously.
3. Citizens comments/petitions, requests, and complaints.
None forthcoming.
4. Public Hearing - Proposed modification of the redevelopment plan for
Redevelopment Project #1, modification of tax increment plans for
Districts 1-1 through 1-7, and adoption of tax increment financing plan
for District 1-8.
The public hearing was opened. The Economic Development Director
reported that the Monticello HRA has contracted with Business Development
Services for the purpose of expanding the existing tax increment
financing project area and for the purpose of combining individual tax
increment district finance plans into one finance plan. Pat Pelstring
was present and reported that the proposed action to expand the project
area and combine finance plans provides the opportunity to utilize tax
increment financing to its full potential. The action also identifies
project 1-8 which involves the use of TIF to purchase land associated
with the development of the NSP regional service center in Oakwood
Industrial Park. There being no further comments from the public, the
public hearing was closed. After discussion, motion by Fran Fair and
seconded by Warren Smith to approve a resolution to modify the
redevelopment plan for Redevelopment Project #11 Modification of Tax
Increment Plans for Districts 1-1 through 1-7, and adoption of tax
increment financing plan for District 1-8. Motion passed unanimously.
SEE RESOLUTION 89-2.
5. Consideration of conditional use permit and variances to parking and
sideyard setback requirements for Temple Baptist Church.
Assistant Administrator O'Neill provided Council with background
information on the matter and reported that the Planning Commission
recommended denial of the conditional use permit and associated
variances. O'Neill informed Council that due to the sale of only two of
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Council Minutes - 1/23/89
the four lots formerly associated with the Church, the Temple Baptist
congregation has insufficient land area for maintenance of proper side
yard setbacks and insufficient land available for parking. It was
suggested by O'Neill that the nearby playground parking area could
possibly serve as an overflow or joint parking area for the
congregation. After O'Neill's presentation, discussion ensued.
Councilmember Anderson noted that Lot 3 should not be separated from
Lots 1 and 2, especially with the building so close to the lot line (less
than one foot). She stressed that this will be the only chance that the
Church will have to acquire Lot 3.
Dan Blonigen did not support the manner in which the transaction was
conducted but noted that it is not up to the City to get involved with
business transactions and that the City must make a decision regarding
the conditional use permit without considering the business transaction
that led to the need for the variances. Ken Maus and Warren Smith agreed
with this position.
Fran Fair noted her displeasure with the transaction and suggested that
the developers provide the Temple Baptist Congregation with Lot 3.
Ken Maus reiterated that we don't want to lose sight that the applicant
is Temple Baptist Church, and not the developers and attorneys.
Motion by Dan Blonigen and seconded by Warren Smith to approve the
conditional use permit request contingent on the following:
1. Applicant shall properly screen the area in accordance with the City
of Monticello Zoning Ordinance requirements.
2. Temple Baptist Church shall develop hard surfaced parking area within
five years and the parking area shall contain at least 26 spaces.
3. Dust control of the parking area shall be maintained.
4. A 20 -foot easement must be acquired from the owner of Lot 3.
The motion included a 16 -space variance to the 42 -space parking
requirement.
The motion included a variance to the 20 -foot side yard setback
requirement associated with operation of a church facility in an R-2
zone.
These variances were necessary to allow the applicant the reasonable use
of the structure and land available to the applicant.
voting in favor of the motion: Ken Maus, Warren Smith, Dan Blonigen,
Fran Fair. Opposed: Shirley Anderson. Motion carried.
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Consideration of request to lease or lease with option to buy old fire
hall building - Bruce Langford.
Bruce Langford was present to express his interest in the use of the old
fire hall as a billiard center.
After discussion, the Council directed staff to work with Langford on
potential terms of sale. Council indicated that City is not interested
in leasing or renting of the fire hall but would consider sale.
Consideration of resolution setting a
assessment roll - 88-07 Project - Flo:
Club.
blic hearing on adoption of
Markling and Monticello Count
Jim Agosto, representing the Monticello Country Club, and Jim Metcalf,
representing Floyd Markling, indicated they are trying to come to an
agreement on the appropriate split of project costs. It was suggested by
the City Administrator that the assessment notice to each party indicate
five possible assessment amounts as recommended by the City Engineer.
The final decision on the assessment formula will then be decided on the
the 13th of February, 1989.
Motion by Fran Fair and seconded by Shirley Anderson to adopt a
resolution setting a public hearing on said assessment roll for
7:30 p.m., February 13, 1989. Motion passed unanimously.
SEE RESOLUTION 89-3 and RESOLUTION 89-4.
8. Consideration of paying for damage on sewer backup - Ben James.
Gene Fyle of Fyle's Excavating and Matt Theisen of City staff reviewed
circumstances leading to a sewer backup and subsequent damage to property
owned by Ben James. Staff informed Council it is difficult to determine
if staff action to clear the obstruction in the city sewer line may have
contributed to the damage experienced by Mr. James. In addition, the
City's insurance company did not view the City as being negligent in this
situation.
After discussion, staff was directed to present the case to the insurance
company again, and to consider negotiating a settlement with Ben James in
the event that the insurance company continues to view the City as not
being negligent. No formal action was taken on this matter.
9. Consideration of replatting request to replat an existing lot into six
townhouse lots and one common area lot. A variance request to allow a
replatted lot to have less than the minimum lot width requirement. A
replatting request to replat an existing lot into four townhouse lots and
one common area lot. Applicant, Jay Miller Fairway Court.
Gary Anderson reviewed the site plan and noted that vehicular access in
and out of the parking spaces in front of townhome 9 and 10 will be
difficult. During the discussion, it was suggested that the townhomes be
shifted 15 feet to the rear of the lot which would create additional
needed space for vehicular movement in the parking area.
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Motion by Warren Smith and seconded by Fran Fair to approve the variance
request to allow a replatted lot to have less than the minimum lot width
requirement and approve a replatting request to replat an existing lot
into four townhouse lots and one common area lot: Approval is contingent
on shifting structures 15 feet to the rear of the lot. Motion passed
unanimously. The variance is justified by unique shape of the lot.
Denial of variance would deny applicant reasonable use of the property.
10. Consideration of additional salary adjustment for Water Superintendent
position.
City Administrator Wolfsteller requested that Council consider an
additional 2% increase for Matt Theisen in 1989. He went on to note that
when Matt received his recent promotion, it was agreed that he would be
considered for a raise at such time that he successfully completes a
probation period. It was Administrator Wolfsteller's view that Matt has
met and exceeded expectations and that consideration of a 2% increase is
appropriate at this time.
After discussion, motion was made by Dan Blonigen and seconded by Warren
Smith to grant Matt Theisen an additional 2% salary increase in 1989.
Motion passed unanimously.
11. Consideration of PSG contract increase at the Waste Water Treatment
Plant.
Public Works Director Simola informed Council that demands placed upon
the waste water treatment plant have increased over 20 percent; and in
accordance with the City contract with PSG, the contract amount must
increase. Simola informed Council that he is satisfied with the
documentation and testing associated with determining the extent of the
increase demand and recommends that Council approve a change in contract
price for PSG due to a change in scope of services at the waste water
treatment plant. The change in scope of services shall be based upon
$31.20 per percent of flow per month over or below the trigger, $25.46
per percent of total suspended solids per month over or below the
trigger, and $41.30 per percent per month over or below the trigger for
BODS.
After discussion, motion was made by Fran Fair and seconded by Shirley
Anderson to approve the recommended increase. During discussion, Dan
Blonigen noted that he is not sure the actual increase in cost to run the
plant is fairly represented. Voting in favor: Fran Fair, Shirley
Anderson, Ken Maus and Warren Smith. Opposed: Dan Blonigen. Motion
carried.
12. Consideration of gambling license renewal - Legion Club.
Motion by Warren Smith and seconded by Fran Fair to acknowledge gambling
license request and not oppose Gambling Board's consideration of renewal.
Motion passed unanimously. Council thanked the Legion Club for the
report on expenditures of gambling proceeds.
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*NOTE: Motion also included approval of replatting request for six townhouse
lots and one common area lot.
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Consideration of adopting ordinance amendment to cover elected officials
under workmen's compensation.
Administrator Wolfsteller informed Council that an ordinance must be
adopted to legally provide Council with this coverage. Dan Blonigen
questioned the need for workmen's compensation insurance and asked if
insurance was being duplicated. Administrator Wolfsteller informed
Council that the insurance is not a duplication and that the City has
never had a claim. He went on to note that we have been paying the
premiums in the past and the coverage is available. He recommended that
this policy continue and that the ordinance amendment specifically
including elected officials be adopted.
After discussion, motion by Fran Fair and seconded by Dan Blonigen to
adopt said ordinance and review need for workman's compensation for City
Council from time to time. Motion passed unanimously. SEE ORDINANCE
AMENDMENT NO. 168.
Consideration of enteri
HiQhwav Department.
a 1989 maintenance agreement with Wright Coun
Motion by Warren Smith and seconded by Shirley Anderson to adopt said
maintenance agreement. Motion passed unanimously.
Consideration of MN/DOT proposed cost sharing arrangement on signal
installation at River Street and Highway 25.
Administrator Wolfsteller informed Council that MN/DOT proposes to
install signal lights at River Street and Highway 25 and is asking the
City to participate in 12 percent of the project costs. Councilmember
Smith noted that 12 percent is a reasonable amount, and to make an effort
to avoid contributing to the cost of the solution to the problem created
by MN/DOT would not be constructive.
Motion made by Warren Smith and seconded by Shirley Anderson to approve
in participation of 12 percent of the cost to install said signal lights
with City participation not to exceed $9,600. Motion passed unanimously.
Consideration of participating in the Johnny Elm Seed Program in
Monticello.
Public Works Director Simola described the program which involves
cooperative efforts of the local Boy Scout organization, City of
Monticello, and the Johnny Elm Seed organization. For $200 the City
receives 100 American Liberty Elms, each approximately one foot high. The
Boy Scouts plant the trees in a small nursery and care for them for two
to three years. When they become five to seven feet in height, they are
then ready for planting on city boulevards and parks.
After discussion, motion by Shirley Anderson and seconded by Fran Fair to
approve City participation in the Johnney Elmseed Program. Motion passed
unanimously.
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Council Minutes - 1/23/89
17. Consideration of approving plans and specifications for demolition of
Stelton's and Jones property.
After discussion, motion by Warren Smith, seconded by Fran Fair, to
approve said plans and specifications. Motion passed unanimously.
18. Consideration of Township cost sharing arrangement for new aerial ladder
truck as part of Joint Fire Agreement.
Administrator Wolfsteller reviewed the forma forladcost
er trsharing
Wolfsteller
associated with township use of the new aeric
recommended that Council authorize the Joint Fire Boof the ard
lto eestablish
naof
separate agreement covering towti�panduse
include $150,000 as a
the new fire truck at $125 per
representative value of a new pumper portion of the truck within the
formula.
After discussion, motion by Shirley Anderson and seconded by Warren Smith
to adopt said recommendation. Motion carried unanimously.
19. Consideration of authorizing feasibility study for storm sewer
improvements - Construction 5 property.
Staff reviewed the request submitted by Construction 5 property which
asks for development of a storm sewer in replacements f a drainare to ge ditch
alongside their property. The request stems from th
ase
parking area associated with the planned development of an
office/warehouse facility. Council reviewed the request and suggested
that staff review the site plan and parking require entsand attempt to
reduce the length of storm sewer necessary to pr
Motion by Shirley Anderson and seconded by Dan Blonigen to table the
matter pending collection of additional information. Motion passed
unanimously.
20. Approval of bills for the month of January.
Motion by Warren Smith, seconded by Fran Fair, to approve bills as
submitted. Motion passed unanimously.
There being no further business, meeting was adjourned.
7W D' Nei 11
Assistant Administrator
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