City Council Minutes 10-25-1993MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, October 25, 1993 - 7 p.m.
Members Present: Ken Maus, Shirley Anderson, Brad Fyle, Clint Herbst, Patty
Olsen
Members Absent: None
1. Call to order.
2. Consideration of approval of minutes of the regular meeting held
October 11, 1993, and special meeting held October 24, 1993.
Brad Fyle requested that the vote on item #8 of the minutes be amended to
show that he voted in opposition of the motion.
Clint Herbst requested that item #15B, Other Matters, final paragraph,
should be amended as follows as requested by Clint Herbst:
"After discussion, a motion was made by Clint Herbst to direct the
City Administrator to deny any employee's request for use of comp
time until such time that the City Council has been provided a report
on the policy governing use of comp time. Motion died for lack of a
second.
After discussion, a motion was made by Shirley Anderson and
seconded by Patty Olsen to direct City staff to provide a report on the
comp time policy to be provided at the next meeting of the City
Council. Voting in favor: Shirley Anderson, Patty Olsen, Ken Maus,
Clint Herbst. Abstaining: Brad Fyle."
After discussion, a motion was made by Brad Fyle and seconded by Clint
Herbst to approve the meeting minutes with corrections.
3. Citizens comments/petitions, requests, and complaints.
None forthcoming.
4. Public hearing on proposed assessment roll for delinquent charges, and
consideration of a resolution adopting an assessment roll for certification
with the County Auditor covering delinquent charges.
Mayor Maus opened the public hearing.
Clint Herbst noted that a number of property owners with delinquent
charges have been on this list before. He wondered at what point does the
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City act to collect on bills that are long overdue. Rick Wolfsteller responded
by saying that taxes overdue for a period of seven years can result in
initiation of the tax forfeiture process. Under this process, the property
owner with the delinquent bill could lose his land to the County, whereupon
the County would sell the land and use the proceeds to pay off delinquent
taxes and assessments.
Brad Fyle was concerned about delinquent bills for certain businesses that
use a substantial amount of water. He suggested that the City keep a
tighter control on such businesses. Perhaps the City should set up another
tier or additional penalty if a delinquent water bill over a specified amount
is not paid by a certain time.
Ken Maus closed the public hearing.
After discussion, a motion was made by Clint Herbst and seconded by
Shirley Anderson to adopt the assessment roll for delinquent charges as
presented and direct City staff to prepare an updated city policy for
collecting delinquent charges that would establish two separate processes
for collecting delinquent charges. One process to be applied to residential
uses, the other process to be applied to commercial users of water and sewer
services. Motion carried unanimously. SEE RESOLUTION 93-40.
5. Consideration of a variance request which would allow construction of an
addition onto a non -conforming structure. Applicant, Gene Jestus.
Assistant Administrator O'Neill reported that at the previous meeting of the
City Council, the item was tabled pending additional staff research. Staff
was asked to discuss this matter with the Planner and City Attorney and
survey the city for similar circumstances to assist Council in determining
the impact of the potential precedent that could be created by granting the
variance. O'Neill reported that the City Planner reviewed the site and
indicated that it is very difficult to justify a variance. There is ample room
on the property to accommodate the garage at a proper location.
O'Neill also provided a letter from the City Attorney which outlined three
reasons why the variance should be denied, which he summarized as
follows:
1. The City should never expand a non -conforming use with a
variance except in extremely limited circumstances. Approval
of this particular request would legitimize a use in violation of
the present setback requirements. If the City permits
expansion here, it establishes a precedent which could apply
city-wide.
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2. The applicant's request does not comply with the statutory
criteria for a variance in any respect. The property can still be
economically used for the purpose for which it is intended.
There is nothing unique about the property which is
substantially different than numerous other properties within
the city.
3. The garage was in place at the time Mr. Jestus purchased the
property. He knew or should have known that our zoning
ordinance would classify this garage as a non -conforming
structure. Court cases have determined that when a party
purchases a property knowing or having reason to know that
the zoning ordinance would restrict the use of the property in
some respect, a variance is unwarranted.
Brad Fyle noted that he would have been supportive of the request if there
was no other room on the property to allow construction of a garage within
the setback. Gene Jestus explained that he was not aware of the ordinance
limiting expansion of the garage at this location. He requested that Council
take this into consideration. Ken Maus responded by saying that it's the
responsibility of the property owner to know the laws affecting the property
when he purchases it.
Brad Fyle reiterated that the City will not take any action whatsoever to
remove an existing garage that does not meet setback requirements. The
property owner can keep it as is; however, Fyle indicated that he does not
support expansion.
After discussion, a motion was made by Brad Fyle and seconded by Patty
Olsen to deny approval of the variance based on the finding that a sufficient
hardship has not been demonstrated. There is sufficient land on which to
relocate the accessory structure; therefore, the applicant has not been
denied reasonable use of his property through denial of the variance.
Motion carried unanimously.
6. Consideration of establishment of a winter parks operation plan.
Assistant Administrator O'Neill presented a winter parks operation plan as
prepared by the Parks Commission and public works department. O'Neill
reported that the need for a formal plan for operating and maintaining
winter skating/sliding facilities at Bridge Park and 4th Street Park stems
from survey data that shows general citizen dissatisfaction with winter
recreation facilities. In addition to the survey data, specific complaints from
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citizens have been registered regarding the quality of the ice surface and
the level of supervision provided by warming house attendants. O'Neill
went on to review the plan in detail.
After discussion, a motion was made by Clint Herbst and seconded by Patty
Olsen to approve the winter parks operation plan with the following
amendments:
1. Snow Removal: City crews will continue to make streets the
number one priority. As an additional priority, City crews will
strive to remove snow from skating areas in a timely manner.
2. Attendant/Concessions: If the Hockey Association so chooses, it
is authorized to provide concessions at the 4th Street Park with
the proceeds to be dedicated toward replacement of the hockey
boards at the facility.
Motion carried unanimously.
7. Consideration of award of contract for installation of chlorination and
dechlorination equipment at the City's wastewater treatment plant.
John Simola reported that three bids were received for the chlorination/
dechlorination project. The bids ranged from a low of $50,800 to a high of
$78,400. The lowest bidder was Northwest Mechanical. Simola went on to
report that it's the recommendation of the City Engineer and the Public
Works Director that Council award the project to Northwest Mechanical.
After discussion, a motion was made by Clint Herbst and seconded by
Shirley Anderson to award the chlorination/dechlorination project to
Northwest Mechanical in the amount of $50,800 contingent upon approval
of the plans and specifications by the Minnesota PCA. Motion carried
unanimously.
8. Consideration of approving the 1994/95 contract for police protection with
Wright County Sheriff's Department.
Rick Wolfsteller reported that Wright County has recently prepared a new
two-year law enforcement contract for police protection. Currently, the City
is receiving 9,176 hours of coverage for 1993, which breaks into 24 hours
per day, with an additional 416 hours that is to be used for Fridays and
Saturdays 6 months of the year. The present hourly rate for 1993 is $28.50
per hour for a total contract fee of $261,516. For 1994, the proposed
contract has increased to $30.50 per hour, which results in an estimated
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total annual contract amount of $279,868. The second year of the two-year
contract is proposed at $32 per hour with an expected annual contract cost
of $293,632.
Shirley Anderson asked if the City should start investigating whether or not
we should have our own police force. Maybe we should start checking into
the potential cost. Ken Maus mentioned that studies have shown that for
cities like Monticello, it is considerably more expensive to operate your own
police force when taking all of the costs involved, including overhead for
expanded facilities and additional clerical and administrative staff.
Lieutenant Don Lindell reviewed the hourly rates charged by neighboring
counties in the vicinity and noted that the cost as proposed by the Wright
County Sheriffs Department on an hourly basis is less expensive than the
rate charged by other counties for the same service.
Clint Herbst stated that he was against 24-hour coverage and that we
should consider reducing the double coverage during summer months. If we
reduce or eliminate our double coverage, we can avoid an increase in cost.
Lieutenant Lindell of the Sheriffs Department indicated that it was his
view that reducing hours would be a mistake. Monticello's location on the
intersection of Highway 25 and I-94 makes it a very busy place at all hours,
especially in the summer months on Fridays and Saturdays. It was his
view that reducing patrol hours at these times would not be in the best
interest of the community.
Patty Olsen expressed her concern regarding investigation of crimes. She
mentioned that she had received input from citizens concerned that crimes
are not thoroughly and completely investigated. Ken Maus mentioned that
perhaps the Sheriff's Department could provide the City with a summary
report of crimes occurred and identify investigation activity by the Sheriffs
Department.
After discussion, it was the consensus of Council to adopt the proposed
contract and to further investigate the possibility of establishing a local
police department prior to establishment of a future contract. Motion
carried unanimously.
9. Consideration of an ordinance amendment regulating cemetery visiting
hours.
Rick Wolfsteller reported that, prompted by concerns by the Wright County
Sheriffs Department, the City Council is asked to adopt an ordinance
amendment that would establish hours that a cemetery would be closed to
the public. Recently, vandalism has occurred in the nighttime hours at
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local cemeteries. The ordinance as proposed would provide the Sheriff's
Department with the authority to order visitors to leave the cemetery
during the nighttime hours.
After discussion, a motion was made by Clint Herbst and seconded by
Shirley Anderson to adopt an ordinance amendment which would establish
cemetery visiting hours from 7 a.m. to 1/2 hour after sunset. Motion carried
unanimously. SEE ORDINANCE AMENDMENT NO. 244.
10. Consideration of final payment for phase I of the public works expansion,
Project 92-06, Vehicle Storage Facility and Appurtenant Work.
After discussion, a motion was made by Brad Fyle and seconded by Patty
Olsen to make final payment to Rochon Corporation in the amount of
$32,430.13 upon receipt of the warranties and lien waivers, with the
exception of the lien waiver from Wasche Interiors. Motion carried
unanimously.
11. Consideration of reviewing current comp time policy for exempt salaried
employees.
Rick Wolfsteller reported that as requested by Council, the purpose of the
agenda item is to review the present comp time policy stated within our
personnel policy, and to also review administrative policies that have been
implemented regarding comp time usage by exempt salaried supervisors/
department head employees. In addition to the review of the current policy,
suggested amendments were proposed by Wolfsteller.
Wolfsteller recommended that the personnel policy be amended to further
clarify the definition of exempt employees which would also limit, under
normal circumstances, comp time usage to less than full-day increments.
The amendment would provide an exception for employees who may have to
work excessive hours on a seasonal basis or for those that already had met
the normal work week. This alternative would further clarify the fact that
exempt salaried employees have the freedom to plan and schedule their own
work week but also limits their comp time to normally less than a full day
at a time. In order to eliminate any potential liability on the City's part, it
is recommended that we eliminate comp time reference from time sheets
and from our payroll system.
After discussion, a motion was made by Clint Herbst and seconded by Patty
Olsen to eliminate the reference to comp time accumulation on both the
payroll system and time sheets and direct the City Administrator to use his
discretion in granting time off to exempt employees with the total hours of
time off per pay period not to exceed 8 hours. Motion carried unanimously.
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12. Consideration of bills for the month of October.
After discussion, a motion was made by Patty Olsen and seconded by
Shirley Anderson to approve payment of the bills as submitted. Motion
carried unanimously.
13. Other matters.
A. Assistant Administrator O'Neill informed Council that City staff
allowed the Oak Ridge projct to commence in anticipation of
obtaining the necessary letter of credit as defined in the development
agreement signed by Tony Emmerich. He reported that Emmerich
would prefer that the City defer the letter of credit requirement until
the property is platted. He also noted that Emmerich is supportive of
the concept of paying all out-of-pocket City expenses as the project
progresses and that the system of expenses and credits as outlined in
the development agreement would not be applicable until such time
that the letter of credit is provided.
Discussion among Council members led to the following consensus:
The City continues to require that Emmerich provide the letter of
credit as originally proposed under the development agreement. It is
requested that this letter of credit be provided to the City in time for
the next Council meeting, which is scheduled for Monday,
November 8, 1993. In the event the letter of credit is not provided by
that date, the City Council will review the matter in detail. At that
time, the City Council will consider whether or not to allow the
project to continue or to require that the project be halted until the
letter of credit is provided.
B. John Simola requested that the City Council continue a public
hearing on the Briar Oakes long pond, Project 93-10C, assessment
roll. Simola indicated that the public hearing notice was not placed
in the paper as required; therefore, it needs to be continued to the
next meeting of the City Council.
After discussion, a motion was made by Shirley Anderson and
seconded by Brad Fyle to continue the public hearing on the
assessment roll for Project 93-10C to the Council meeting of
November 8, 1993. Motion carried unanimously.
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C. Ed Kruse was present to indicate his concern that the City had
mowed his property and then billed him when the mowing was not
justified.
After discussion of the details, Council agreed to make arrangements
to mow his property one additional time this year at no additional
charge.
Je f 'Neill
Assistant Administrator
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