Loading...
City Council Minutes 03-26-2001MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL March 26, 2001 - 7 p.m. Members Present: Roger Belsaas. Roger Carlson, Clint Herbst, Brian Stumpf and Bruce Thielen. Members Absent: None 1. Call to Order Mayor Belsaas called the meeting to order at 7 p.m. and declared a quorum present. 2. Approve minutes of March 12, 2001 regular Council meeting. BRUCE THIELEN MOVED TO APPROVE THE MINUTES OF THE MARCH 12. 2001 REGULAR COUNCIL MEETING AS PRESENTED. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Roger Carlson asked that an update on the acoustics for the City Hall be added to the agenda. Roger Belsaas added discussion of the tax legislation for Excel Energy and also the letter from O'Ryan's to the agenda. Brian Stumpf requested that parking on 6" Street also be included on the agenda. 4. Citizen comments/petitions, requests and complaints. None. 5. Consent Agenda A. Consideration of approving new hires and departures for the Community Center and City Hall. Recommendation: Ratify hiring of employees as identified. B. Consideration of approving a temporary on -sale liquor license for Ducks Unlimited Banquet and Riverfest. Applicant: Monticello Lions Club. Recommendation: Approve issuance of temporary on -sale liquor license to the Monticello Lions Club for the Ducks Unlimited Banquet on May 7"' and for the Riverfest Celebration scheduled for July 7"' and 8"' and a set up line for the Ducks Unlimited Banquet. C. Consideration of approving annual liquor expenditure for Riverfest Fireworks Celebration. Recommendation: Approve expenditure of $8.000 to covet- the cost of the fireworks display for the Riverfest Celebration on July 8. 2001. Council Minutes - 3/26/01 D. Consideration to ratify the EDA's approval for GMEF Loan No. 018..(Integrated Recycling Technologies, Inc. ) Recommendation: Approve a motion stating that the City Council has determined the EDA approval of GMEF Loan No. 018 for Integrated Recycling Technologies, Inc. was approved without violation of the EDA-GMEF Business Subsidy Criteria, therefore, Council supports the decision by EDA for loan approval. E. Consideration of approving final payment to Barbarossa & Sons for Chelsea Road West/Brentwood Circle, Project NO. 98-25C. Recommendation: Authorize final payment in the amount of $84,581.24 to Barbarossa & Sons. F. Consideration of resolution supporting participation in LMC Building Quality Communities Program. Recommendation: Adopt resolution supporting participation in the LMC Building Quality Communities Program. Res. # 2001-14. G. Consideration of adopting a resolution supporting legislation to restrict sale of phosphorus lawn fertilizers. Recommendation: Adopt resolution supporting legislation. Res. #2001-15. Clint Herbst requested that Item #5G be removed from the consent agenda. BRIAN STUMPF MOVED TO APPROVE THE CONSENT AGENDA WITH ITEM #5G BEING REMOVED. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 6. Consideration of items removed from the consent agenda for discussion. On Item #5G, Clint Herbst asked for clarification on whether the legislation restricting the sale of phosphorus lawn fertilizers would be statewide. It was indicated that if the legislation passes the restriction would be statewide. CLINT HERBST MOVED TO ADOPT A RESOLUTION SUPPORTING LEGISLATION TO RESTRICT THE SALE OF PHOSPHORUS LAWN FERTILIZERS. BRUCE THIELEN SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Res. #2001-15. 7. Consideration of an amendment to the zoning ordinance providing for increase in free standing sign height and area. Applicant: Jacob Holdings/Denny Hecker Automotive Group. City Planner. Steve Dittman. provided the background information on the agenda item. The applicant is requesting an amendment to the sign ordinance that would increase significantly the size of signs in the B-3 district. The sign proposed by the applicant is approximately 750 square feet in area and 40 feet in height. The present sign ordinance allows for signs 32 feet in height and 200 square feet in area for signs in the freeway corridor. Because the size increase Council Minutes - 3/26/01 proposed was considerable. the Planning Commission felt the question might be better addressed by an ordinance amendment rather than a variance. Neither staff nor the Plannin" Commission recommended approving the proposed amendment citing concerns about proliferation of this type of sign and not being in keeping with the objectives of the City's Comprehensive Plan. Steve Grittman also noted that the Planning Commission had discussed the removal of an existing billboard on the site. Because the approved conditional use permit for the dealership did not include the billboard. the applicant would be in violation of the terms of the conditional use permit if the sign was not removed. It was felt that the existing billboard was a separate issue from the ordinance amendment. In discussion of the item. Roger Belsaas stated that he felt the size of the sign was more than was needed. Bruce Thielen indicated that the City had worked very hard to put in place an ordinance that adequately governed the number and size of signs and felt that approving this ordinance amendment would open the way for other similar sign requests. Because of the size and the cost to construct this sign. Clint Herbst did not feel other businesses in the area would all be wanting to construct similar signs. He felt the sign would have the potential to draw traffic in off the freeway which would benefit all businesses in the area and since the applicant indicated that a portion of the sign area would be used for public service messages that would be an added benefit. Bruce Thielen questioned whether the same thing couldn't be accomplished within the existing ordinance. i Bill Rainbow representing Monticello Dodge spoke on behalf of the proposed amendment. He showved a sketch of the proposed sign which he felt because of the location on the freeway could act as a landmark for the city. He also pointed out that approximately 50% of the electronic message area would be available for public service messages. He reiterated the belief that the sign would draw traffic off I-94 and that would benefit all businesses in the area. Bruce Thielen cautioned that while the design of the sign was nice looking, once the approval was (liven for that sign it would be in place forever. Roger Belsaas asked if ordinance language could be drafted to ensure that the sign construction would be aesthetically acceptable. Steve Grittman responded that they could control in what zoning districts such signage would be allowed and could put restrictions on flashing lights or other items that might pose a traffic hazard. However the City cannot regulate the contents of the sign. He also added that aesthetic requirements are hard to control. It was questioned whether MnDOT had any regulations affecting signs along the freeway. In the context of the sign discussion the term billboard was used. Steve Grittman pointed out that a billboard allows for off-site advertising for a business while a sign is required to be on- site. Roger Carlson asked if other- communities allowed signs of this magnitude. Steve Grittman indicated that he was not aware of any. Bill Ramboxv stated that the City of Bloomington did allow this size sign. BRUCE THIELEN MOVED TO DENY THE SIGN AMENDMENT BASED ON THE V FINDING THAT IT WOULD LEAD TO CLUTTER OF THE CITY'S COMMERCIAL DISTRICT AND FREEWAY EXPOSURE. AND WOULD NOT BE IN KEEPING WITH J Council Minutes - 3/26/01 THE AESTHETIC AND LIVABILITY OBJECTIVES OF THE COMPREHENSIVE PLAN. BRIAN STUMPF SECONDED THE MOTION. In further discussion. Clint Herbst stated that while he could see the concern about the proliferation of this type of sign, he also felt that a properly worded ordinance would be able to restrict the number of signs. Roger Carlson stated that while he was not opposed to the sign the deviation from what was allowed by ordinance and what was accepted in the past was too great. UPON VOTE BEING TAKEN, MOTION CARRIED WITH CLINT HERBST AND ROGER BELSAAS VOTING IN OPPOSITION. 8. Consideration of waiving building permit fee, SAC/WAC charges for facility proposed to be constructed at the ballfield. The Council considered a request to waive the building permit fees and SAC/WAC charges for concession building to be constructed at the ballfield using volunteer labor and donated supplies. The consensus of the Council was that a public purpose was being served. Clint Herbst noted other instances where these charges were waived and expressed his concern about the City's policy of waiving the SAC/WAC charges and it impacts those funds. BRUCE THIELEN MOVED TO WAIVE THE SAC/WAC CHARGES FOR THE CONCESSION BUILDING. John Simola stated that the SAC/WAC charges are both part of the enterprise funds with large expenditures coming up in the future. He suggested making a donation from the general fiend to the enterprise fund covering these charges. BRUCE THIELEN AMENDED HIS MOTION TO ADD THAT FUNDS WOULD BE TAKEN OUT OF THE GENERAL FUND TO PAY THE ENTERPRISE FUND THE $3,900 FOR SAC/WAC CHARGES AND TO WAIVE THE OTHER BUILDING PERMIT FEES AS WELL AS THE SAC/WAC CHARGES IN AN AMOUNT NOT TO EXCEED $5,065.24. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 9. Consideration of appointing representatives to serve on the I-94 Corridor Study Police Advisory Committees. MnDot is in the process of conducting a regional corridor mana��ement plan for I-94 and is looking for representatives from affected communities to serve on a Policy Advisory Committee. Bruce Thielen volunteered to represent the City of Monticello on this committee. John Simola. Public Works Director was asked to serve on the sub -area work group. BRIAN STUMPF MOVED TO APPOINT BRUCE THIELEN AND JOHN SIMOLA TO SERVE ON THE POLICY ADVISORY COMMITTEE AND THE SUB -AREA WORK GROUP FOR THE I-94 CORRIDOR STUDY. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4 Council Minutes - 3/26/01 10. Consideration of approving Change Orders No. 17 and 18 and storm sewer work for Project No. 96-04C, TH 25 Improvements. Ron Bray from WSB & Associates reviewed the work covered under- the change orders #17 and 418 for the TH 25 Project. Also discussed was the storm sewer work that was done as part of this project. A video done of the storm sewer system revealed a number of cracks and other repair work needed. After discussing the work with the contractor, it was agreed that of the 14 items noted, the contractor would repair six of them as noted in the meeting minutes of February 22, 2001 and four areas would require no further work. It was felt the remaining four areas did not require corrective action at this time but the contractor would provide a five year warranty. Clint Herbst expressed his frustration with the need to negotiate with contractors for work covered under change orders. Public Works Director, John Simola. added that the change orders require the contractor to clean the pipe and verify to the City that the pipe has been cleaned and that should be included in the motion. BRUCE THIELEN MOVED TO APPROVE CHANGE ORDERS NO. 17 AND 18 FOR THE TH 25 PROJECT RESULTING IN NET INCREASE OF $27,63.26 TO THE CONTRACT WITH BUFFALO BITUMINOUS ALONG WITH THE CONCURRENCE OF THE ACCEPTABLE REMEDY FOR THE FIVE YEAR WARRANTY ON THE FOUR AREAS OF CONCERN IN THE STORM SEWER SYSTEM AND THAT THE CONTRACTOR IS RESPONSIBLE FOR CLEANING THE STORM SEWER PIPE AND VERIFYING TO THE CITY THAT THE PIPE HAS BEEN CLEANED. BRIAN STUMPF SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. ADDED ITEMS: PERSONAL PROPERTY TAX LEGISLATION The Council discussed the personal property tax replacement legislation that is being proposed by the Coalition of Utility Cities and Excel Energy. City Administrator, Rick Wolfsteller explained the proposed legislation pointing out that the goal of the Coalition of Utility Cities was that if the personal property tax was eliminated for the utility companies there would be replacement revenue for those cities that are affected. One of the concerns of the cities was the loss in market value if the personal property was exempted. this proposal would keep the market value but would change the tax rate. The bill has a possibility of being passed this year. The City at a later date may be requested to formally support this leiislation. 2001 BUDGET CONTRIBUTION - YMCA/COMM ED. Mayor- Belsaas reported that the school had contacted other entities who residents participate in the community education program to request that these entities share in the cost of funding these activities. Duane Gates reported that the only communities that had committed any funding was the City of Monticello and Becker Township. Mayor Belsaas also stated that lie has been having discussions with `�' Mike Benedetto of the school district and there is interest in setting up a task force to meet periodically Council Minutes - 3/26/01 t to discuss various issues. Representatives from the Cite for this task group will be Bruce Thielen. Clint Herbst and ,Teff O'Neill. O'R YANS CONOCO The Council received a letter from the business regarding the interchange. At this time MnDOT is not proposing to fund any cost of an interchange constructed for development purposes and the City has not budgeted any fields to make this improvement. ACOUSTICS Fred Patch updated the Council on the sound system for the Council Chambers. Bose Corporation was proposing two solutions: l) A new speaker system for the audio solution and, 2) ceiling or wall treatment for the acoustical solution. The ceiling treatment provided the best sound but could difficult to implement because of light fixtures, etc. Fred Patch will be getting prices for both acoustical options and at that point the Council will determine which.option will be utilized. SIXTH STREET PARKING Brian Stumpf asked if there could be some restricted parking on Sixth Street which is a key access point for the Fire Department. It was suggested that parking be restricted on the south side of Walnut Street for approximately two blocks (Linn Street) and see if this alleviates the problem. Jolin Simola indicated that as soon as weather permits. they will set to the posting. 11. Approve payment of bills for March. BRUCE THIELEN MOVED TO APPROVE PAYMENT OF THE BILLS. CLINT HERBST SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12. Adjourn. BRUCE THIELEN MOVED TO ADJOURN AT 8:15 P.M. ROGER CARLSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. S Recording Secretary 6