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City Council Minutes 01-13-1992MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, January 13, 1992 - 7:00 p.m. Members Present: Ken Maus, Shirley Anderson, Clint Herbst, Brad Fyle, Dan Blonigen Members Absent: None 2. Approval of minutes. After discussion, a motion was made by Shirley Anderson and seconded by Dan Blonigen to approve the minutes of the special meeting held December 5, 1991, and the regular meeting held December 9, 1992, as submitted. Motion carried unanimously. 3. Citizens comments/petitions, requests, and complaints. None forthcoming. 4.. Consideration of adopting an ordinance amendment governing adult land uses. AND 5. Consideration of adopting an ordinance amendment establishing a license requirement for adult uses/principal and adult uses/accessory. Mayor Maus reviewed the need to adopt a zoning ordinance amendment regulating adult land uses. He noted that without the zoning ordinance amendment, adult land uses such as adult book stores and X-rated movie theaters could locate anywhere in the commercial districts within the city of Monticello. The proposed ordinance amendment is designed to regulate adult land use activities in a manner that protects the City from the negative secondary effects of the adult land uses. He went on by saying that the City cannot legally ban adult uses. If the City attempted to ban adult uses, if taken to court, the ordinance amendment would be thrown out as invalid, and the City would lose the regulating power it does legally possess. Assistant Administrator O'Neill reviewed the proposed zoning ordinance amendment and associated resolution in detail. Clint Herbst noted that the definition of adult use/accessory, which allows 10% of retail space to be used for adult videos and adult magazines, is too loose. He suggested that the City establish a cap on the amount of square footage that a business could dedicate to adult accessory uses. Page 1 Council Minutes - 1/13/92 Paulette Conroy noted her concern regarding the proposed ordinance establishing a license requirement for adult uses/ principal and adult uses/accessory. She suggested that the fee for adult use/accessory be at least $250, and the fee for adult use/principal should be $1,000. Paulette Conroy asked how Buffalo justified the $1,000 fee. She suggested that the City of Buffalo must have been able to document the fee. Lieutenant Don Lindell of the Sheriff's Department noted that to conduct a thorough investigation of an individual's background that might be applying for an adult use/principal license could require up to 25 hours, which would cost about $600. Dennis Dalen, attorney representing the City, noted that licensing cannot be used as a revenue raising measure. If the court finds that the City is charging a high licensing fee as a cover for trying to keep this type of use out of the city, the entire ordinance could be thrown out. Dalen went on to note that the City can charge more for a liquor license than an adult use license because there is a state law that allows the City to charge a higher fee for liquor licenses. John Klipper, attorney representing Jim and Cheryl Wolf, noted that the licensing requirement amounts to a punishment for his client. He asked how harmful adult accessory use activity at the A-V Room actually is . The A-V Room has shown a good track record with no complaints. Klipper suggested that the City of Monticello adopt Buffalo's policy, which is to not require licensing of video stores and convenience stores that dedicate less than 10% of their retail space for the sale of adult materials. Jim Herbst stated that he understands that Council's hands are tied and that the City cannot legally ban adult uses. He implored the Council, however, to keep it as hard as possible for adult uses to get into the community. After discussion, a motion was made by Shirley Anderson and seconded by Dan Blonigen to adopt a resolution adopting findings and conclusions supporting establishment of regulations governing adult land uses and modify the proposed zoning ordinance by requiring that adult accessory uses shall not exceed 10% of retail space or shall not exceed a maximum Page 2 Council Minutes - 1/13/92 of 100 sq ft, whichever is smaller. Voting in favor of the motion: Shirley Anderson, Dan Blonigen, Ken Maus, Brad Fyle. Opposed: Clint Herbst. SEE RESOLUTION 92-1 and ZONING ORDINANCE AMENDMENT NO. 217. At this point in the meeting, Council discussed the proposed ordinance requiring licensing of adult uses/principal and adult uses/accessory. Ken Maus noted that it has been shown in other communities that adult uses result in an increase in crime in the areas in which they are located. Maus suggested that the licensing fee should reflect the need for additional police protection in the area. City Attorney, Dennis Dalen, responded by saying that the City cannot pay for extra policing through the licensing fee and that the fee can only be tied to the cost to process the license. Clint Herbst suggested that the initial fee for adult use/principal be $1,000. This would make Monticello's fee consistent with what Big Lake and Buffalo charge. Brad Fyle noted that the businesses that now sell adult magazines and videos as accessory adult uses have not caused any problems. There have been no complaints about these businesses; therefore, he wondered whether or not the City needed to require licensing of these establishments. Council then discussed whether or not an individual convicted of a felony should be ineligible for an adult use/accessory or adult use/principal license. After discussion, a motion was made by Clint Herbst and seconded by Shirley Anderson to direct City staff to prepare a resolution outlining findings that support adoption of an ordinance requiring licensing of adult uses/principal and adult uses/accessory. Associated fees to be $50 for accessory uses and $1,000 for principal use. In addition, the ordinance should include a provision making anyone convicted of a felony as being ineligible for adult use/principal license. Anyone convicted of a felony would be eligible for an adult/use accessory license, depending on criteria as noted in the draft ordinance. Voting in favor of the motion: Ken Maus, Dan Blonigen, Shirley Anderson, Clint Herbst. Opposed: Brad Fyle. Page 3 Council Minutes - 1/13/92 6. Consideration of adopting an ordinance establishing a Police Advisory Commission. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to adopt an ordinance amendment establishing a Police Advisory Commission. Motion carried unanimously. SEE ORDINANCE AMENDMENT NO. 218. 7. Consideration of approving 1992/1993 contract for police protection with Wright County Sheriff's Department. In his written report, Rick Wolfsteller stated that the county has recently prepared a two-year law enforcement contract for police protection that the City Council is asked to ratify. Currently, the City receives 7,321 hours of coverage for the year 1992. The hourly rate has been set at $26 for a total contract cost of $190,346. In the past, our law enforcement contracts with the sheriff's department have been on an annual basis; but since the county commissioners have established a contracting rate for 1992 and 1993 in advance, they are proposing two-year contracts. The second year of the contract for 1993 would total $28.50 per hour. Wolfsteller went on to recommend that the contract be ratified at the hourly rate of $26 for 1992 and $28.50 for 1993. Ken Maus noted that the service from the sheriff's department has been satisfactory, and he sees no reason at this time to change the contract as proposed. Council discussed in general terms the potential of establishing its own police department at some point in the future. It was the consensus of Council to maintain the present method for providing police service to the citizens of Monticello. Ken Maus requested that the Police Commission review the sheriff's department fee structure and make sure that the costs are fair. After discussion, a motion was made by Shirley Anderson and seconded by Dan Blonigen to approve the 1992/1993 contract as submitted. Motion carried unanimously. Page 4 Council Minutes - 1/13/92 8. Consideration of authorizing preparation of aquatic center feasibility study and consider establishment of aquatic center development task force. Assistant Administrator O'Neill reported that the Parks Commission recommends that the City Council authorize preparation of a feasibility study that would investigate development of a water park. The study would examine the market or need for such a facility and determine the proper size, configuration, complexity, location, construction and operating costs, and anticipated revenues. In addition, the Parks Commission requested that Council consider establishment of a task force charged with providing input during the feasibility study process. O'Neill noted that a number of factors motivated the Parks Commission to investigate the possibility of developing a water park, which included general input from individual citizens requesting that the City pursue this concept. In addition, a citizen survey conducted in late 1988 showed that 56% of Monticello residents indicated that they would support development of a municipal pool. O'Neill went on to note that the Parks Commission was attracted to development of a water park rather than a municipal pool, as a water park includes many amenities that a basic swimming pool does not have. According to experiences of other communities with pools, water park amenities are necessary to make the facility attractive for use by people of all ages, thereby maximizing the facility usage. O'Neill stated that many other communities that currently have a municipal swimming pool are converting it into the water park concept in order to encourage people to use the facility. High use of the facility would assure the City that fees will be sufficient to cover operating costs. O'Neill went on to describe some of the amenities that have been included in other municipal water parks that would be reviewed via the feasibility study process. These amenities include a wet sand area, zero -depth wading area, dump slides, a 30 -foot high water slide, sand volleyball court, and other features, including bathhouse, deck areas, picnic tables, etc. O'Neill summarized preliminary cost estimates and reviewed the impact on City debt. He informed Council that the cost to construct a water park as described in the concept plan is estimated at $1.5 million. This cost does not include potential additional cost to acquire land. It is proposed by the Parks Commission that the project be financed via bond issue, which would require a referendum. O'Neill noted that debt service on projects already completed prior to 1992 is dropping significantly due to completion of debt repayment associated with projects completed in the late 19701s. Adding Page 5 Council Minutes - 1/13/92 the aquatic center debt to the existing debt will result in a reduction in the pace of the overall debt retirement. Therefore, development of this facility will not result in an increase in the City debt service and will not result in an increase in taxes. What it does result in is less of a decrease. For a $70,000 home, in 1993 a taxpayer could expect a $21 decrease in taxes due to debt retirement. If the bond issue passes, the decrease is reduced to $14 for a $70,000 home. O'Neill and Koropchak also reminded Council that due to the tax increases associated with recent county and school bond issues, overall debt is increasing; therefore, it could be concluded that added cost to the taxpayer is not proper at this time. In addition, despite the fact that the overall City debt is decreasing, there are numerous projects as outlined in the supplemental data in the draft 5 -year capital improvement plan that will be developed in the next few years. Council could take the position that many of these projects may take precedence over aquatic center development. The financial resources needed to conduct future projects should be preserved; therefore, development of the aquatic center should be discouraged. Ken Maus asked pool consultant Richard Greenlee of Indeco, who assisted the Parks Commission with their research, why develop this size project. Greenlee noted that the water park concept is the latest thing in pool development. He noted that it has been demonstrated that the standard pool simply does not attract crowds. Amenities need to be added to the pool in order to attract crowds. Parks Commission member, Bruce Thielen, noted that this type of facility will be popular for many years to come. He went on to say that there is very little for families to do in Monticello in the summer months. This type of park will give the kids something to do other than cruising. Dick Frie stated that the Parks Commission is requesting that the Council move forward with ordering the feasibility study so that ultimately a referendum could be conducted prior to issuance of bonds. Frie noted that the Parks Commission is excited about the project because the water park concept provides something for everyone making it a facility that the entire family can enjoy. Clint Herbst noted that it was a nice plan. He would like to have it in Monticello, but it would be unfair to the public to add to the debt. It was his view that we are on the right track if we continue to eliminate City debt. Page 6 Council Minutes - 1/13/92 Dan Blonigen stated that he was shocked at the proposal prepared by the Parks Commission. He was certain that given the present economy, there is no way that the citizens would pass a referendum supporting construction of the water park as presented. Parks Commission member, Roger Carlson, stated that the City has done very little in the past in providing recreational facilities. Voters should have a chance to decide on whether or not they want this type of facility. It's a public decision. Parks Commission member, Larry Nolan, stated that the people he talked to were very favorably in support of the pool. There is a lot of interest shown by families with children of all ages. Parks Commission member, Fran Fair, noted that people she's talked to are excited about the concept. They are very interested in a pool being constructed in Monticello. It was her view that it would be very difficult to say that a referendum would not pass. Dick Frie reiterated the point that the concept presented to Council is nothing more than a concept. The task force will be taking a hard look at the numbers and will work hard at making it a cost-effective project. He ended by asking the Council to give the citizens of Monticello an opportunity to decide. Shirley Anderson stated that she liked the concept of development of a water park, and she stated that the citizens should have the opportunity to vote on it. After further discussion, a motion was made by Shirley Anderson and seconded by Brad Fyle to authorize City staff to prepare a request for proposals for a water park feasibility study to be submitted to pool design engineers/consultants. Voting in favor of the motion: Shirley Anderson, Brad Fyle, Ken Maus, Clint Herbst. Opposed: Dan Blonigen. Council then established by consensus a task force charged with assisting with preparation of the feasibility study. Task force membership to include Clint Herbst and Shirley Anderson from the City Council, all Parks Commission members, Leo Nelson, and one member from the Industrial Development Committee. Page 7 Council Minutes - 1/13/92 At this point in the meeting, Brad Fyle left to respond to a fire call. 9. Consideration of adopting a resolution ordering preparation of School Boulevard feasibility study. Assistant Administrator O'Neill reported that the City of Monticello received a petition from Monticello School District requesting construction of School Boulevard, which is a proposed section of roadway connecting Fallon Avenue to County Road 118 along the southern boundary of the 120 -acre parcel owned by the school district. This petition has been expected, and the two major property owners affected (school district and Value Plus developers) understand they will be paying for the entire cost of the project except that portion attributed to roadway oversizing necessary to serve the city at large. After discussion, a motion was made by Shirley Anderson and seconded by Dan Blonigen to adopt a resolution authorizing School Boulevard feasibility study at an estimated cost of $3,000 with the understanding that the school district will be charged for the feasibility study in the event the project does not proceed in 1992. Motion carried unanimously. SEE RESOLUTION 92-2. 10. Consideration of approving the Monticello Joint Fire Department entering into a contract with the City of Otsego. In his report to Council, Administrator Rick Wolfsteller noted that the City of Albertville has notified Otsego that it intended to substantially increase its cost of providing fire protection to Otsego because of its need to acquire additional equipment and new facilities. Because of the large increase in cost, Otsego met with the Monticello Joint Fire Board to discuss Monticello's interest in servicing a portion of Otsego. Initially, Otsego wanted the City of Monticello to cover all the territory previously covered by the Albertville Fire Department; but it appeared that some of the area requested was quite a distance from Monticello, and it did not appear that the Monticello Fire Department could provide an adequate level of service to these areas. Wolfsteller went on to note that it remains to be seen if the proposed contract between Monticello and Otsego will remain a long-term arrangement with Otsego. Wolfsteller stated that so that Otsego was not without coverage, the Monticello Fire Department has been providing coverage as of January 1. Page 8 Council Minutes - 1/13/92 After discussion, a motion was made by Clint Herbst and seconded by Dan Blonigen to approve entering into a contract with the City of Otsego for fire protection as outlined on the map enclosed with the agenda item. The annual charge is estimated at $6,675 payable in four quarterly installments. In addition to awarding the contract, the motion is to include a letter to Otsego notifying them that they may break the contract with the City at any time. Motion carried unanimously. 11. Consideration of a change in scope of services provided by Professional Services Group at the City's wastewater treatment plant due to increased flows and loadings. John Simola, Public Works Director, noted that during 1991, flows and loadings to the treatment plant were in excess of those outlined by the contract. The increased demand on the wastewater plant beyond the contract are believed to be attributable to increased loadings from Sunny Fresh Foods, increased usage by residential and commercial properties, and infiltration of ground water into the sanitary sewer system. Since the recognition of a change in scope of services incurred at the wastewater treatment plant due to the increase in flows, we have been in negotiations with Professional Services Group to look at actual cost or effect of those increases on the operation of the plant. Simola went on to recommend that the City Council recognize the change in scope of operations at the treatment plant and reimburse PSG $1,326 for 1991 and modify the base contract figure for flow to 600,000 gallons per day at an increased annual cost of $2,545 and modify the contract language to reflect actual snow removal operations at the wastewater treatment plant and to modify sections regarding costs for change in scope from loadings and flow. After discussion, a motion was made by Dan Blonigen and seconded by Clint Herbst to reimburse PSG $1,326 for 1991 to compensate for treatment of added flows and to modify the base contract figure for flow to 600,000 gallons per day at an increased annual cost of $2,545 and modify contract language to reflect current snow removal operations at the wastewater treatment plant and change of scope costs. Motion carried unanimously. Ken Maus reminded Larry Breimhurst of PSG that odor control should be continually evaluated at the plant. Breimhurst said that odor control is at the top of their list. Page 9 Council Minutes - 1/13/92 12. Consideration of making annual appointments. After discussion, a motion was made by Dan Blonigen and seconded by Clint Herbst to approve annual appointments as follows: Official Depositories: Wright County State Bank Security Financial Savings & Loan Community Education: First National Bank of Monticello Anderson Chief Financial Officer - Fire Board: authorized to designate other Wolfsteller depositories for investment OAA: purposes only. Newspaper: Monticello Times Housing & Redevelopment 1. Authority: 1. Tom St. Hilaire 12/96 (5 -yr staggered terms) 2. Ben Smith 12/95 Duff Davidson 3. Bud Schrupp 12/94 4. Al Larson 12/93 Mary Jane Puncochar 5. Everette Ellison 12/92 Planning Commission: 1. Richard Carlson Ruby Benson 2. Jon Bogart 3. Cindy Lemm Rebecca Jesinski 4. Richard Martie Attorney: 5. Dan McConnon Health Officer: Dr. Donald Maus ( 1 year) Acting Mayor: Dan Blonigen (1 year) Joint Commissions: Community Education: Shirley Anderson Fire Board: Rick Wolfsteller OAA: Ken Maus Library Board: 1. Ed Solberg 12/93 (3 -yr staggered) 2. Duff Davidson 12/94 3. Mary Jane Puncochar 12/93 4. Ruby Benson 12/94 5. Rebecca Jesinski 12/92 Attorney: Paul Weingarden Planner: Not established Page 10 13. Council Minutes - 1/13/92 Auditor: Gruys, Borden, Carlson & Assoc. Recycling Committee: Dan Blonigen Economic Development Authority: 1. Brad Fyle, Council 12/94 2. Clint Herbst, Council 12/94 3. Harvey Kendall 12/96 4. Al Larson 12/92 5. Barb Schwientek 12/93 6. Bob Mosford 12/94 7. Ron Hoglund 12/95 Engineer: Orr-Schelen-Mayeron & Associates Police Advisory Commission: 1. Brad Fyle, Council 12/92 2. Warren Smith 12/94 3. David Gerads 12/94 4. Jim Fleming 12/92 5. Curtis Schmidt 12/93 Parks Commission: 1. Dick Frie 12/93 2. Larry Nolan 12/93 3. Fran Fair 12/94 4. Bruce Thielen 12/92 5. Roger Carlson 12/92 Motion carried unanimously. Consideration of repairs to sanitary sewers on River Street and Linn Street. John Simola noted that due to increased flows at the wastewater treatment plant, City staff has been reviewing the condition of the collection system, including lift stations, for possible infiltration of ground water. Simola went on to show a video of sections of sanitary sewer along River Street in the area of Linn Street. The video revealed a significant amount of infiltration on River Street between Minnesota and Linn Street and Linn Street between River Street and Front Street. The video revealed substantial amounts of ground water entering the sanitary sewer system. Simola went on to recommend that the City Council authorize staff to direct Solidification, Inc., to seal the leaks. After discussion, a motion was made by Dan Blonigen and seconded by Clint Herbst to authorize City staff to have Solidification, Inc., to test and seal leaks of the sanitary Page 11 Council Minutes - 1/13/92 sewer lines for two blocks on River Street and one block on Linn Street at an estimated cost of $4,959 plus the cost of $250 for inspection of the Abrahamson sewer service. In addition, this alternative authorized City staff to obtain quotes from various local contractors for the repair of the broken sanitary sewer main in the area of the Abrahamson driveway, with staff authorized to proceed with repairing a broken sanitary sewer main using a contractor that submits the lowest bid. Motion carried unanimously. 14. Consideration of purchase of chlorine leak detection equipment for pump houses #1 and #2 and a chlorine scale for pump house #1. John Simola and Matt Theisen recommended that the City Council authorize the purchase of chlorine leak detection equipment interfacing for pump houses #1 and #2 and one two -cylinder chlorine scale for pump house #1. The installation of this equipment will result in a safer chlorine injection operation in the downtown area, which is considered a high-risk area should a problem develop. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to authorize the City staff to purchase two capital chlorine alarm detectors from Feed -Rite Controls for $2,523.60 for the pair, interfacing of the chlorine detectors and the alarm dialer at the reservoir from Automatic Systems at $1,134, and purchase of a Wallace and Tiernan two -cylinder chlorine scale from Jim Henry Sales of St. Cloud, Minnesota, for $965 for a total of $4,622.60. Motion carried unanimously. 15. _Consideration of liquor license ownership transfer --Monticello Liquor, Inc. In his report, Rick Wolfsteller noted that Marilyn Lindenfelser, owner of Monticello Liquor, Inc., has been issued an on -sale license for a number of years for the establishment at 130 East Broadway. The corporation was owned by Marilyn Lindenfelser along with her four children. As part of the estate plan, Marilyn Lindenfelser has transferred all of her shares of the corporation to her four children equally. Since Marilyn was the original applicant that received approval for the license from the City, this transfer of ownership should technically be approved by the City Council. Page 12 16. Council Minutes - 1/13/92 After discussion, a motion was made by Shirley Anderson and seconded by Dan Blonigen to approve liquor ownership transfer contingent on completion of a background check on all individuals owning a share of the Monticello Liquor, Inc. Motion carried unanimously. Consideration of bills for the last half of December and first part of January. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to approve bills as submitted. Motion carried unanimously. 17. Other matters. John Simola requested that the City Council authorize adding magazines to the list of items that are recyclable. He noted that there is now a market for this type of material and that the City can save $25 a ton by including magazines to the list of items that are recyclable. After discussion, a motion was made by Shirley Anderson and seconded by Dan Blonigen to direct City staff to include magazines among the items that may be included in the Monticello recycling program. Motion carried unanimously. c Z i e f f `-'O;'11'1461ll Assistant Administrator Page 13