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City Council Minutes 08-25-1997MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, August 25, 1997 - 7 p.m. Members Present: Bill Fair, Clint Herbst, Brian Stumpf, Roger Carlson Members Absent: Bruce Thielen 2. Approval of minutes of the regular meeting held August 11,, 1997, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD AUGUST 11, 1997, AS WRITTEN. Motion carried unanimously, with Bruce Thielen absent. 3. Consideration of adding items to the agenda. A. Assistant Administrator Jeff O'Neill requested that adoption of a resolution supporting continuation of the Monticello Heartland Express be added to the consent agenda. B. City Administrator Rick Wolfsteller requested that authorization of the use of eminent domain proceedings to acquire Dundas Road right- of-way be added to the consent agenda. C. Councilmember Brian Stumpf requested that consideration of re- opening urban service boundary negotiations with Monticello Township be added to the agenda. D. Chief Building Official Fred Patch requested that the status of signs and billboards destroyed by the storm be added to the agenda. 4. Citizens comments/petitions, requests, and com lap ints None. 5. Consent agenda. A. Consideration of a resolution approving plans and specifications and authorizing advertisement for bids for the 1997 Pathway Project (river -walk segment). Recommendation: Adopt a resolution approving plans and specifications and authorizing advertisement for bids for the 1997 Pathway Project (river -walk segment) contingent on staff reviewal. SEE RESOLUTION 97-41. Page 1 Council Minutes - 8/25/97 B. Consideration of a resolution approving plans and specifications and authorizing advertisement for bids for the foot bridge portion of the 1997 Pathway Project. Recommendation: Adopt a resolution approving plans and specifications and authorizing advertisement for bids for the foot bridge portion of the 1997 Pathway Project (river -walk segment) contingent on staff reviewal. SEE RESOLUTION 97-42. C. Consideration of adopting a resolution supporting continuation of the Monticello Heartland Express at the current service level. Recommendation: Adopt a resolution supporting continuation of the Monticello Heartland Express for 1998 based on the 1997 budget/ management plan plus inflation (4% or less). SEE RESOLUTION 97-43. D. Consideration of authorizing use of eminent domain proceedings to acquire Dundas Road right-of-way. Recommendation: Adopt a resolution reaffirming authorization to use eminent domain proceedings to acquire the narrow, triangular parcel adjacent to Cedar Street and Highway 25 for the purpose of future expansion of Dundas Road. SEE RESOLUTION 97-44. A MOTION WAS MADE BY ROGER CARLSON AND SECONDED BY BRIAN STUMPF TO APPROVE THE CONSENT AGENDA AS RECOMMENDED. Motion carried unanimously, with Bruce Thielen absent. 6. Consideration of items removed from the consent agenda for discussion. None. 7. Public Hearing --Consideration of vacating a portion of Hennepin Street, Applicant, Monticello -Big Lake Hospital District. AND 8. Consideration of a zoning ordinance amendment changing the zoning district designation from R-3 to PZM, consideration of a conditional use permit allowing operation of a clinic facility, and consideration of a simple subdivision request in a PZM district. Applicant, Monticello -Big Lake Hospital District. Assistant Administrator Jeff O'Neill reported that the Monticello -Big Lake Hospital District requests vacation of a 30 -ft strip of Hennepin Street right- of-way in conjunction with a request to rezone the Counseling Center property from R-3 to PZM, a conditional use permit to allow operation of a clinic facility in a PZM zone, and simple subdivision. Approval of the requests, as recommended by the Planning Commission, would bring the Page 2 Council Minutes - 8/25/97 Center into conformance and would allow construction of a garage and expansion of the parking lot. The City would retain easement rights for access to utilities. O'Neill noted that Council must also determine the selling price of the vacated land if it supports the vacation of right-of-way. Past policy of the City has been to offer vacated streets to abutting property owners but charge fair market value for the land. After reviewing a number of comparable sales in the past, the City Administrator suggested that the Council sell the vacated right-of-way to the Hospital District for $.67 per sq ft. Mayor Fair opened the public hearing. Barb Schwientek, Executive Director of the Monticello -Big Lake Hospital, noted that the Hospital had purchased vacated property from the City in the past; however, since the use of the property was for a nonprofit organization and the City would be retaining easement rights, she requested that the Council consider not charging the Hospital District for the vacated right-of- way. Mayor Fair then closed the public hearing. Councilmember Clint Herbst suggested that since the Hospital is a nonprofit organization, perhaps a $1 fee would be appropriate for the vacated right-of- way. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO APPROVE VACATION OF A 30 -FT SECTION OF THE HENNEPIN STREET RIGHT-OF-WAY AND APPROVE SELLING THE PROPERTY TO THE HOSPITAL DISTRICT FOR $1 BASED ON THE FINDING THAT THE HOSPITAL IS A NONPROFIT ORGANIZATION, THE CITY WILL MAINTAIN EASEMENT RIGHTS, AND THE HOSPITAL WILL NOT BE BUILDING ON THE VACATED RIGHT-OF-WAY. Motion carried unanimously, with Bruce Thielen absent. A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY ROGER CARLSON TO APPROVE THE ZONING ORDINANCE AMENDMENT REZONING THE PROPERTY FROM R-3 TO PZM, APPROVE THE CONDITIONAL USE PERMIT ALLOWING OPERATION OF A CLINIC FACILITY IN A PZM ZONE, AND APPROVE THE SIMPLE SUBDIVISION IN A PZM DISTRICT WITH THE FOLLOWING CONDITIONS: 1. ESTABLISHMENT OF LANDSCAPING AND TREE PLANTINGS AS REQUIRED BY ORDINANCE. Page 3 Council Minutes - 8/25/97 2. ADDITIONAL PLAN'T`INGS TO BE PROVIDED TO BUFFER THE PARKING LOT FROM THE ADJOINING RESIDENTIAL AREA. Motion carried unanimously, with Bruce Thielen absent. The motion was based on the finding that the zoning map amendment and associated conditional use permit are consistent with the character of the area and the comprehensive plan, and a parking stall deficiency would be corrected. SEE ORDINANCE AMENDMENT NO. 294. 9. Consideration of granting an increase to the individual pension for Volunteer Firefighter Relief Association. City Administrator Rick Wolfsteller .reported that the Firefighter Relief Association membership requested that the City Council consider an increase in their retirement benefit from the present $1,375 per year of service to $1,575 or more after 20 years of service on the fire department. He noted that in the past, the City Council has not supported any benefit level that would require a contribution from the City as a tax levy. The $1,575 per year amount would give the Relief Association a $200 per year increase over their current pension and would provide a little more cushion before any tax dollars would be needed if investment income was lower than projected. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO GRANT AN INCREASE TO THE INDIVIDUAL PENSION FOR VOLUNTEER FIREFIGHTER RELIEF ASSOCIATION TO $1,575 PER YEAR/$31,500. Motion carried unanimously, with Bruce Thielen absent. 10. Consideration of proceeding with construction of new animal shelter. Public Works Director John Simola reported that the public works department completed the specifications for the electrical requirements of the new animal shelter and the site plan and solicited proposals from area contractors and vendors for the materials and labor necessary to build the facility. The building inspection department solicited proposals for the plumbing, heating, ventilation, and air conditioning system requirements. Simola noted that all proposals had been received with the exception of the masonry and carpentry labor. The proposals received to date totaled $115,724, leaving a budget balance of $34,276 for the masonry and carpentry labor. Because the new shelter would need to be occupied by January, Simola requested that Council authorize staff to move ahead with construction of the new animal shelter. Although staff needed to solicit additional proposals for the masonry and carpentry labor, it was estimated that the total cost could be higher than projected but would be very close to the amount budgeted. Page 4 Council Minutes - 8/25/97 AFTER DISCUSSION, A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO AUTHORIZE STAFF TO MOVE AHEAD WITH CONSTRUCTION OF THE NEW ANIMAL SHELTER. Motion carried unanimously, with Bruce Thielen absent. 11. Consideration of establishing process and procedures for marketing cite property. City Administrator Rick Wolfsteller reported that staff has continued to work with architect Al Mjorud in analyzing city hall's space needs and how city hall could be configured in the Marquette Bank building; however, the amount of space to be leased to Marquette Bank had not yet been agreed upon, which would affect how the balance of the main floor could be remodeled. Assuming an agreement would be reached and the bank building was purchased by the City, the Council would need to review its options for use or sale of the existing city hall property. Wolfsteller noted that the city hall property was recently appraised at $595,000 by R.A. Fields & Associates, who also appraised the Marquette Bank facility at $750,000. Although a decision has not yet been made for use of the current current site if city hall is relocated, the City received a letter of interest from Peterson- Grimsmo Chapel for possible purchase of the city hall property for $400,000. Council discussed advertising the city hall property for sale to obtain additional proposals. Councilmember Stumpf suggested that the City consider including the property owned by Peterson-Grimsmo, which is located next to the fire hall, in negotiations for the purchase of city hall. It was Stumpf s view that the vacant parcel next to the fire hall would be more beneficial to the City. Council also discussed the current negotiations on the City's purchase of the Marquette Bank building. It was noted that any sale of the current city hall should be contingent on purchase of the bank building. Chief Building Official Fred Patch suggested that Council appoint the City Administrator as the City representative for negotiating with Marquette Bank. AFTER DISCUSSION, A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO AUTHORIZE THE CITY ADMINISTRATOR AS THE CITY REPRESENTATIVE IN CHARGE OF NEGOTIATING THE PURCHASE OF THE MARQUETTE BANK BUILDING. Motion carried unanimously, with Bruce Thielen absent. Page 5 Council Minutes - 8/25/97 A MOTION WAS MADE BY BRIAN STUMPF AND SECONDED BY CLINT HERBST TO AUTHORIZE THE CITY ADMINISTRATOR TO ADVERTISE FOR TWO WEEKS THE SALE OF CITY HALL CONTINGENT ON THE CITY PURCHASING THE MARQUETTE BANK BUILDING, AND BRING THE ITEM BACK TO COUNCIL ON SEPTEMBER 8, 1997, FOR CONSIDERATION. Voting in favor: Clint Herbst, Bill Fair, Brian Stumpf. Abstaining: Roger Carlson. Absent: Bruce Thielen. Motion carried. 12. National Guard Training Center update (verbal report). Assistant Administrator O'Neill reported that four basic packages containing different amenities for the National Guard Training/Community Center will be presented to the task force on September 2 and will be reviewed by the National Guard on September 3. He noted that there has been interest expressed by various organizations in sharing space in the training/ community center, including the YMCA for either programming or operation of the facility. Square footage for each use will be reviewed and used for preparing the finance plan. Mayor Fair added that the National Guard has committed $1.5 million toward the community center, using $500,000 for their portion of the facility and $1 million for the joint facility. No action was required by the Council. 13. Consideration of bills for the last half of Auger. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY ROGER CARLSON TO APPROVE THE BILLS FOR THE LAST HALF OF AUGUST AS PRESENTED. Motion carried unanimously, with Bruce Thielen absent. M 411000171T.•- .. A. Consideration of re -opening negotiations with Monticello Township regarding urban service area boundary adjustments. Councilmember Brian Stumpf requested that Council consider re- opening negotiations with the Township to continue discussions on adjustments to the urban service area boundaries. It was his view that the subcommittee was not given an opportunity to negotiate the proposal submitted by the Township. After discussion, the issue was dropped for lack of a motion to revisit the issue. Page 6 Council Minutes - 8/25/97 B. Update on the status of d billboards destroyed by the July I Chief Building Official Fred Patch reported that eight billboards were blown down during the July 1 storm, which the sign companies want to replace; however, since the signs were destroyed beyond 50% of the value, city ordinance prohibits replacement because they are a nonconforming use. Patch informed Council that enforcing the ordinance may result in the sign companies bringing suit against the City. After reviewing the situation, it was the opinion of Attorney Paul Kaminsky that enforcing the ordinance may result in litigation; however, the City's ordinance has substance and would have a good chance of being upheld in court. Public Works Director John Simola noted that two of the destroyed billboards were located on City property, and a notice of intent to cancel the lease should be issued to each sign company. Council agreed that the City would need to abide by its ordinances and not have the billboards replaced. No action was required by the Council. A MOTION WAS MADE BY CLINT HERBST AND SECONDED BY BRIAN STUMPF TO ADJOURN THE MEETING. Motion carried unanimously, with Bruce Thielen absent. Ifiaren Doty Office Manager Page 7