City Council Minutes 11-13-1990MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Tuesday, November 13, 1990 - 7:00 p.m.
Members Present: Ken Maus, Fran Fair, Shirley Anderson, Dan
Blonigen
Members Absent: Warren Smith
2A. Approval of minutes.
After discussion, motion was made by Dan Blonigen and seconded
by Fran Fair to approve the minutes of the regular meeting
held October 22, 1990. Motion carried unanimously.
Motion was made by Dan Blonigen, seconded by Fran Fair, to
approve the minutes of the special meeting held September 17
and continued to September 18, 1990. Voting in favor: Dan
Blonigen, Fran Fair, Warren Smith, Ken Maus. Shirley Anderson
abstained, as she was not able to attend the meeting.
3A. Citizens comments/petitions, requests, and complaints.
Councilmember Anderson requested that staff look into
development of an ordinance prohibiting trapping of wild
animals in the city limits. Anderson went on to explain that
a dog owned by a city resident had recently been caught in a
trap set within the city limits along the Mississippi River.
1. Public hearing for assessment and adoption of assessment roll
for sidewalk repair and replacement, Project 90SW-1.
Mayor Maus opened the public hearing. John Simola reviewed
the proposed assessment roll which called for assessing
$7,174.80, which is proposed to be assessed to 24 benefiting
properties. Simola also noted that there are some sidewalks
that are still in need of repairs and it may not be possible
now for some of those property owners to have their sidewalks
repaired or removed this late in the season. A strategy for
addressing the hazardous sidewalks that have not been removed
should be developed.
Ben Smith requested information regarding payment of the
assessment. Rick Wolfsteller informed Mr. Smith that no
interest will accrue if the assessment is paid within 30 days.
At this point in the meeting, the public hearing was closed.
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Motion was made by Fran Fair and seconded by Shirley Anderson
to adopt a resolution adopting the assessment roll along with
the credits to property owners as outlined by staff and not
extend the time for sidewalk removal and instruct the public
works department to obtain bids for removal of those sidewalks
that are hazardous and remain unrepaired to be removed at the
earliest date possible and so notify those property owners as
outlined by city ordinance. Motion carried unanimously.
SEE RESOLUTION 90-50.
2. Consideration of resolution adopting assessment roll - Seventh
Street Improvement Project 90-02.
Ken Maus opened the public hearing and noted that the
assessment roll was well explained in the staff supplemental
data. He went on to ask for questions and comments from the
public regarding the proposed assessment roll.
Debbie Kramer, representing Marvin Kramer, had questions
regarding the terms of the slope easement that her father
granted the City. Specifically, she had questions regarding
the re-establishment of the driveway. She noted that the
slope seemed quite extreme, and the resurfacing material did
not meet expectations. In addition, she asked why the culvert
was not replaced. Finally, she noted that a few trees had not
been replaced.
John Simola responded by saying that the City paid Kramer $200
for one of the trees that had to be removed with the project.
The remaining trees impacted by the project were relocated to
another portion of the property. The Kramer driveway was
resurfaced with crushed rock and was actually improved with
this project. The City could look at grading a more gradual
slope if Kramer would provide additional easement area. In
terms of the culvert that was not reinstated, the design of
the storm drainage system did account for the modification to
the driveway, and the structures installed will eliminate
potential erosion and properly channel storm water run-off.
Tom Brennan requested detailed explanation of the formula for
deferral of the assessments against his property. Rick
Wolfsteller informed Brennan that the payment of the
assessment shall be deferred for a period of eight years or
until the property is subdivided, platted, or utilizes
sanitary sewer or water main improvements, whichever occurs
first. When the deferral period ends, the original principal
assessment shall be adjusted to coincide with the increases of
the St. Paul/Minneapolis Construction Cost Index that occurred
during the deferrment period. The adjustment shall be payable
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in equal annual installments over a period of ten years, but
in no case shall the last installment be later than 15 years
after the levy of the original assessment. To each subsequent
installment when due shall be added interest of 8.125% per
annum on all unpaid assessments. Assistant Administrator
O'Neill noted that this deferral applies to the storm water,
sanitary sewer, and water main assessments and does not apply
to the street assessment. O'Neill noted that the deferral did
not apply to the street assessment because this property area
benefited owned by Brennan that is improved through
installation of the street does now possess a full complement
of city services. The property that is receiving the deferral
is not developable at this point because it has no improved
street access.
Debbie Kramer commented that it is her view that the
assessment amount against the Kramer property exceeds the
value added to the property by the improvement; therefore, she
objected to the assessment in general.
Mayor Maus closed the public hearing. Ken Maus noted that the
decision to defer the Kramer/Brennan assessments associated
with extending utilities from Minnesota Street to the freeway
is contemplated for the following reasons: tax increment
financing is available to finance the portion of the
assessment to be deferred; the extension of sewer, water, and
storm sewer facilities affecting Brennan and Kramer was
completed in the long-term interest of the City; the short-
term benefit to Kramer and Brennan is minimized because no
street access is provided to the property benefiting from the
sewer, water, and storm sewer improvements; the deferral
includes terms that result in Kramer/Brennan paying the actual
cost of water, sanitary sewer, and storm sewer improvements at
such time that said improvements are actually utilized.
After discussion, motion was made by Fran Fair, seconded by
Dan Blonigen, to adopt the assessment roll as proposed.
Motion carried unanimously. SEE RESOLUTION 90-51.
3. Update and review of assessor contract --Peggy Stencel.
Peggy Stencel reported that all residential values will
increase this year by 2%. She also noted that the sales ratio
study she completed reveals that on the average the market
value assessment for each residential property is at 91% of
the average sale amount. She went on to state that the value
of the new construction completed in Monticello in 1990 will
be available by December 31, 1990.
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It was the consensus of Council to continue with the present
program utilizing Peggy Stencel's services. No action taken.
4. Consideration of simple subdivision request to subdivide an
existing unplatted tract of residential land .into two
unplatted tracts of residential land. Applicant, Robert and
Betty Krautbauer.
Assistant Administrator O'Neill described the proposal to
subdivide the Krautbauer property into two unplatted tracts of
residential land for the purpose of creating land necessary to
develop a church facility. O'Neill noted that the Planning
Commission had recommended approval of the subdivision subject
to four conditions.
Robert Krautbauer objected to the condition that he provide an
easement through his remaining property that the church could
use in connecting a private sewer line to the city lift
station.
After discussion, it was concluded that the private sewer line
would be able to connect to the city lift station from a
different direction without eliminating the possibility of
future use of the lift station site as a residential lot.
Motion was then made by Fran Fair, seconded by Shirley
Anderson, to approve the simple subdivision request to
subdivide an existing unplatted tract of residential land into
two unplatted tracts of residential land with the following
conditions:
a. Within 30 days of the November 13 City Council meeting
(on or before December 13, 1990), the following must
occur:
1. A 12 -foot drainage and utility easement must be
drafted and recorded around the outside perimeter
of the 7 -acre portion to be subdivided.
2. There is no sewer service stub into this property
off of East County Road 39, and the City is not
responsible for the installation of sewer service
to this property.
3. An agreement including Krautbauers, A Glorious
Church, and the City must be established which
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outlines the formula
proceeds to finance
against the original
Motion carried unanimously.
Council Minutes - 11/13/90
and method for use of the sale
payment of assessment debt
parcel.
5. Consideration of a conditional use permit which would allow
operation of a church facility in an R-1 (single family
residential) zone. Applicant, A Glorious Church.
Assistant Administrator O'Neill informed Council that the
Planning Commission has recommended approval of the
conditional use permit subject to the following conditions:
1. Planning Commission review and approval of parking lot,
landscaping, and screening plan; adequate screening of
parking lot area from abutting residential uses; and
landscaping must be provided. The screen must be at
least six feet high and achieve 90% opacity. The screen
may consist of either berm, solid fence, or landscape
planting. Installation of the parking lot screen shall
occur at such time that the adjoining residential
property is eligible for issuance of a building permit.
2. City approval of drainage plan.
3. Planning Commission review and approval of landscaping
plan.
4. Planning Commission review and approval of exterior
treatment of structure to ensure compatibility with
neighborhood. Steel exterior material shall be limited
to one-half of the available wall surface unless
otherwise approved by the Planning Commission.
After discussion, motion was made by Fran Fair, seconded by
Shirley Anderson, to approve the conditional use permit along
with conditions noted based on the finding that church
development as proposed with the conditions as attached is
consistent with the comprehensive plan and is compatible with
the existing and future character of the adjoining R-1 zone.
Motion carried unanimously.
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6. Consideration of preliminary plat request to replat portions
of the Sandberg East residential subdivision. Applicant, John
Sandberg.
Assistant Administrator O'Neill reported that the proposed
replat creates three outlots and 22 platted lots. All of the
platted lots meet minimum requirements in terms of size and
lot dimension; however, of the 22 platted lots created, 9 do
not have immediate access to street frontage as required by
ordinance. Instead of providing a bona fide usable street
access, the plan provides for an adjoining outlot which
someday will become one-half of a future street right-of-way.
The other half will be supplied by the adjacent landowner in
conjunction with further development of the area.
John Sandberg noted that the adjoining property owner, Rod
Norell, is in agreement with the planning arrangement as
proposed. He also added that the Planning Commission
supported the plat configuration so long as there is a method
by which future property owners could be made aware that the
lots platted without access to a public street are not
buildable. Sandberg noted that the City Attorney has stated
that restrictive covenants against each property that is
unbuildable would absolve the City of any liability associated
with these properties. It was his view that this information
would diminish Planning Commission hesitancy to approve the
preliminary plat. Sandberg also noted that the plat as
proposed will serve to establish a pattern for future
development that the adjoining property owner can follow.
John Sandberg also informed Council that it was his intent to
keep the lots that do not have access to public street for an
indefinite period. He plans on developing them at such time
that the adjoining property owner is ready to develop.
Ken Maus noted that after discussing this item with John
Sandberg, he feels more confident in the proposal to grant the
variance and allow the subdivision to occur as proposed.
A motion was then made by Fran Fair, seconded by Dan Blonigen,
to grant approval to the preliminary replat of the Sandberg
East subdivision and grant the variance to section 11-5-2 of
the subdivision ordinance requiring that every lot must have
a minimum frontage as required in the zoning ordinance on a
City -approved street other than an alley. The variance is
granted based on the finding that due to annexation and City
extension of sewer and water, it became necessary to replat
the property in order to achieve its best use. Due to the
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dimension of the property, it is not possible to plat the site
for its best present and future use without a variance to the
street access requirement. Approval of the final plat is
subject to the following conditions:
a. Restrictive covenants shall be recorded outlining
construction and building restrictions associated with
Lot 3, Block 1; Lots 10-16, Block 2; and Lot 3, Block 3.
b. Restrictive covenents shall be recorded against Outlots A
and B which preserve both for use as street right-of-way
in conjunction with future development of property now
owned by Norell.
C. Developers shall submit a complete grading and drainage
plan. Plan shall include potential home locations. Plan
shall be approved by the City Engineer prior to final
plat approval.
Motion carried unanimously.
7. Consideration of an ordinance amendment allowing a public sign
in the form of a decorative banner to be displayed on public
property.
Assistant Administrator O'Neill reviewed the proposed
amendment to the zoning ordinance which would allow banners
that meet a public purpose criteria to be placed on City
right-of-way for a period of one year with an annual review
thereafter.
Fran Fair recommended that the ordinance be slightly modified
to allow banners to be hung from public buildings such as the
senior citizen center, fire hall, hospital, and other City
structures. It was her view that the placement of banners
need not be limited to the thoroughfare areas.
Dan Blonigen stated that he did not like the appearance of
banners hung at tight intervals. He mentioned that the
banners hung in the city of New Ulm do not look appealing.
Fran Fair disagreed and thought the banners would beautify the
community.
Ken Maus noted that he likes the community atmosphere that the
banners would create, and he also thinks that it is wise to
require an annual review of the banner design and placement as
provided for in the proposed ordinance.
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Motion was made by Fran Fair, seconded by Ken Maus, to amend
the sign section of the zoning ordinance as proposed.
Dan Blonigen again stated that he is just not comfortable with
placement of banners as proposed. He just doesn't want the
banners.
Voting in favor of the motion: Ken Maus, Fran Fair. Opposed:
Shirley Anderson, Dan Blonigen.
Ken Maus asked that the staff determine the method by which
this ordinance amendment could be reconsidered and act
accordingly to bring the matter back before the full Council.
Consideration of liquor store financial report for the nine
months ended September 30, 1990.
Administrator Wolfsteller reported that based on the first
nine months of operation, it appears that the liquor store
will again show an increase in sales and net operating income
at the end of the year. Typically, the fourth quarter is
usually our best quarter, and it is anticipated that the
operating income for the store will exceed $100,000 again. No
action is necessary by the Council other than review and
acceptance of the report as presented.
Council reviewed and accepted the report.
Consideration of replacement of Automatic Control Center at
the Wastewater Treatment Plant.
John Simola reviewed problems with the automatic control
center at the wastewater treatment plant. Simola reviewed the
history behind development of the existing control center and
described the current problems. At this point, the control
center cannot be depended on for providing effective control
of the operation. Instead, at this time, operation at the
wastewater treatment plant is being conducted by site, sound,
and hand operation. Simola noted that this method of
operating the treatment plant is not acceptable and that
Council should consider authorizing City staff, PSG, and the
City Engineer to work together to obtain proposals for a new
control center to be retrofitted into the main control panel
at the plant at the earliest possible date. Expected cost
could range from an initial step of $15,000 to $45,000.
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Mayor Maus noted that the City has little choice but to go
ahead and obtain proposals for replacement of the main control
center.
After discussion, motion was made by Shirley Anderson,
seconded by Dan Blonigen, to deem the current inoperability of
the wastewater treatment plant control center as constituting
an emergency situation and authorize City staff to obtain
proposals for the replacement of the main control center, with
those proposals to be reviewed at the November 26 meeting of
the City Council or at a special Council meeting as needed.
Motion carried unanimously.
10. Consideration of change order #1 for Project 90-04, Sandberg
East utility improvements.
John Simola reported that during installation of the water
main on the west edge of the project on the Robert Krautbauer
property, the groundwater table is higher than originally
anticipated. Soil borings which were performed prior to the
project presented at the specifications indicated that the
groundwater was at or near the water main elevation. During
an excavation, the contractor discovered the groundwater table
to be at least 3-1/2 feet above the proposed pipe elevation
which added to construction expenses.
The contractor, Annandale Contracting, has requested a lump
sum payment of $2,250 to cover his cost due to excessive
dewatering. Simola went on to recommend that the City approve
change order #1 for Project 90-04 as outlined.
After discussion, motion was made by Fran Fair, seconded by
Shirley Anderson, to approve change order #1 for Project 90-04
in the amount of $2,250 to cover the cost incurred by the
contractor for excessive dewatering due to changed conditions
at the site. Motion carried unanimously.
11. Consideration of final payment on Project 90-02, street and
utility improvements for 7th Street and Minnesota Street.
John Simola reported that R.L. Larson Excavating of St. Cloud
has completed the work on 7th Street and Minnesota Street.
The original contract amount for this project was $242,581.
The total cost of the project, excluding change order #1, was
$238,749, approximately $4,000 under estimated cost. By
adding change #1, however, which included an addition of
8,782 sq ft of sidewalk, excavation of organic material or
granular fill at Locust Street, and the sewer service
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Council Minutes - 11/13/90
connection for K mart, the total cost of the project comes to
$256,339. The contractor has already been paid $238,761;
therefore, the final payment due is $17,578. Simola noted
that it is the recommendation of the City Engineer and himself
that the City Council authorize final payment to R.L. Larson
Excavating of St. Cloud, Minnesota, in the amount of $17,578.
City staff and City Engineer are well satisfied with the work
performed by R.L. Larson Excavating and his subcontractors.
After discussion, motion was made by Shirley Anderson,
seconded by Dan Blonigen, to approve final payment as
proposed. Motion carried unanimously.
Consideration to amend Greater Monticello Enterprise Fund
Guidelines.
Ken Maus reviewed the proposed amendments to the Greater
Monticello Enterprise Fund Guidelines and noted that the
amendments were requested as a result of the decision to
approve a loan application to the Monticello Theatre.
011ie Koropchak reported that the EDA desired to limit any
amendments to the guidelines so as to allow flexibility in
addressing future requests for loans. The EDA suggested that
changes not be made to the guidelines in a manner that would
limit future use of the funds for commercial use.
Assistant Administrator O'Neill indicated that it was his
understanding that the Council desired amendments to the
policy that would reflect specific reasons why Council allowed
GMEF funds to be used in conjunction with the theatre
expansion. The loan for the theatre was approved only because
it provided gap financing for a project that results in
redevelopment of a blighted property. Removal of blight along
with gap financing is to be established in the policy as a
prerequisite for use of the fund for commercial development.
After discussion, a motion was made by Fran Fair to amend the
guidelines as submitted. Motion died for lack of a second.
Dan Blonigen stated
the work force and
further action was
remain unchanged.
that this fund should be used to enlarge
should be focused on job creation. No
taken on this matter. The guidelines
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13. Consideration of adoption of urbanization plan by joint
resolution between the Town of Monticello and the City of
Monticello.
Ken Maus noted that City staff and Council have reviewed this
document on many occasions. Council has indicated general
support of the document in the past, and now it is time to
consider formal adoption of the joint resolution.
Motion was made by Dan Blonigen, seconded by Shirley Anderson,
to adopt the urbanization plan by joint resolution between the
Town of Monticello and the City of Monticello. Motion carried
unanimously. SEE RESOLUTION 90-52.
14. Consideration of a petition for annexation of the West
Kjellberq Mobile Home Park.
15.
Council reviewed an annexation request submitted by Kent
Kjellberq, owner and operator of Kjellberq West Mobile Home
Park. Ken Maus noted that it is important that the City
action on this matter be consistent with the urbanization plan
recently adopted with the previous agenda item. Rick
Wolfsteller stated that the City, along with the Township,
needs assurances that if the property is annexed to the city
that the sanitary sewer line connecting the mobile home park
to the City's system be either installed or a financial
guarantee must be in place that would result in hookup
occurring within a short period of time.
After discussion, a motion was made by Fran Fair, seconded by
Shirley Anderson, to acknowledge the receipt of the petition
and table any action at this time and forward the petition to
the Township Board for their consideration and comments.
Motion carried unanimously.
Consideration of fund transfers for 1990.
Administrator Wolfsteller reported that with the end of this
year rapidly approaching, a few housekeeping items should be
approved by Council concerning fund transfers to close out
unneeded construction funds, bonds, and other transfers for
the budget. Wolfsteller then outlined each transfer
requested.
After discussion, motion was made by Shirley Anderson,
seconded by Dan Blonigen, to approve the transfers as
recommended. Motion carried unanimously.
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16. Consideration of setting a meeting for the purpose of
establishing 1991 salary/wage policy for non-union personnel.
Ken Maus recommended that a special meeting be established to
set wage parameters. The meeting could be held right before
the first meeting in December.
After discussion, motion was made by Ken Maus, seconded by
Fran Fair, to schedule a special meeting of the City Council
to be conducted at 6:30 p.m., December 10, 1990. Motion
carried unanimously.
17. Consideration of resolution authorizing execution of tax
increment pledge agreements.
Administrator Wolfsteller reported that as part of the recent
tax increment bond sales approved for Tapper's, Inc., and
Remmele Engineering, a pledge agreement between the City
Council and the HRA is needed to allow for the tax increment
revenue received annually to be transferred from the HRA to
the department funds.
Motion was made by Fran Fair, seconded by Shirley Anderson, to
adopt the pledge agreement for the $305,000 G.O. tax increment
bonds between the HRA and the City Council. Motion carried
unanimously. SEE RESOLUTION 90-53.
18. Other matters.
Brad Fyle and Clint Herbst were in attendance throughout the
entire meeting. Mayor Maus welcomed Herbst and Fyle to the
Council and informed them that City staff will be directed to
prepare information that will assist them as they begin to
serve on the City Council.
As an agenda item at the next Council meeting, Council will be
establishing a date for a special Council meeting at which
time the City budget will be reviewed.
There being no further discussion, the meeting was adjourned.
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Je --b '
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Assistant Administrator
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