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City Council Minutes 01-23-1989MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, January 23, 1989 - 7:30 p.m. Members Present: Ken Maus, Fran Fair, Shirley Anderson, Warren Smith Dan Blonigen Members Absent: None 1. Call to Order. 2. Approval of minutes. Motion by Warren Smith, seconded by Fran Fair, to approve minutes of the special meeting held December 12, 1988. Voting in favor: Fran Fair, Warren Smith, and Dan Blonigen. Ken Maus and Shirley Anderson abstained. Motion carried. Motion by Fran Fair and seconded by Warren Smith to approve minutes of the regular meeting held January 9, 1989. Motion passed unanimously. 3. Citizens comments/petitions, requests, and complaints. None forthcoming. 4. Public Hearing - Proposed modification of the redevelopment plan for Redevelopment Project #1, modification of tax increment plans for Districts 1-1 through 1-7, and adoption of tax increment financing plan for District 1-8. The public hearing was opened. The Economic Development Director reported that the Monticello HRA has contracted with Business Development Services for the purpose of expanding the existing tax increment financing project area and for the purpose of combining individual tax increment district finance plans into one finance plan. Pat Pelstring was present and reported that the proposed action to expand the project area and combine finance plans provides the opportunity to utilize tax increment financing to its full potential. The action also identifies project 1-8 which involves the use of TIF to purchase land associated with the development of the NSP regional service center in Oakwood Industrial Park. There being no further comments from the public, the public hearing was closed. After discussion, motion by Fran Fair and seconded by Warren Smith to approve a resolution to modify the redevelopment plan for Redevelopment Project #11 Modification of Tax Increment Plans for Districts 1-1 through 1-7, and adoption of tax increment financing plan for District 1-8. Motion passed unanimously. SEE RESOLUTION 89-2. 5. Consideration of conditional use permit and variances to parking and sideyard setback requirements for Temple Baptist Church. Assistant Administrator O'Neill provided Council with background information on the matter and reported that the Planning Commission recommended denial of the conditional use permit and associated variances. O'Neill informed Council that due to the sale of only two of 1 Council Minutes - 1/23/89 the four lots formerly associated with the Church, the Temple Baptist congregation has insufficient land area for maintenance of proper side yard setbacks and insufficient land available for parking. It was suggested by O'Neill that the nearby playground parking area could possibly serve as an overflow or joint parking area for the congregation. After O'Neill's presentation, discussion ensued. Councilmember Anderson noted that Lot 3 should not be separated from Lots 1 and 2, especially with the building so close to the lot line (less than one foot). She stressed that this will be the only chance that the Church will have to acquire Lot 3. Dan Blonigen did not support the manner in which the transaction was conducted but noted that it is not up to the City to get involved with business transactions and that the City must make a decision regarding the conditional use permit without considering the business transaction that led to the need for the variances. Ken Maus and Warren Smith agreed with this position. Fran Fair noted her displeasure with the transaction and suggested that the developers provide the Temple Baptist Congregation with Lot 3. Ken Maus reiterated that we don't want to lose sight that the applicant is Temple Baptist Church, and not the developers and attorneys. Motion by Dan Blonigen and seconded by Warren Smith to approve the conditional use permit request contingent on the following: 1. Applicant shall properly screen the area in accordance with the City of Monticello Zoning Ordinance requirements. 2. Temple Baptist Church shall develop hard surfaced parking area within five years and the parking area shall contain at least 26 spaces. 3. Dust control of the parking area shall be maintained. 4. A 20 -foot easement must be acquired from the owner of Lot 3. The motion included a 16 -space variance to the 42 -space parking requirement. The motion included a variance to the 20 -foot side yard setback requirement associated with operation of a church facility in an R-2 zone. These variances were necessary to allow the applicant the reasonable use of the structure and land available to the applicant. voting in favor of the motion: Ken Maus, Warren Smith, Dan Blonigen, Fran Fair. Opposed: Shirley Anderson. Motion carried. 2 6. 7. Council Minutes - 1/23/89 Consideration of request to lease or lease with option to buy old fire hall building - Bruce Langford. Bruce Langford was present to express his interest in the use of the old fire hall as a billiard center. After discussion, the Council directed staff to work with Langford on potential terms of sale. Council indicated that City is not interested in leasing or renting of the fire hall but would consider sale. Consideration of resolution setting a assessment roll - 88-07 Project - Flo: Club. blic hearing on adoption of Markling and Monticello Count Jim Agosto, representing the Monticello Country Club, and Jim Metcalf, representing Floyd Markling, indicated they are trying to come to an agreement on the appropriate split of project costs. It was suggested by the City Administrator that the assessment notice to each party indicate five possible assessment amounts as recommended by the City Engineer. The final decision on the assessment formula will then be decided on the the 13th of February, 1989. Motion by Fran Fair and seconded by Shirley Anderson to adopt a resolution setting a public hearing on said assessment roll for 7:30 p.m., February 13, 1989. Motion passed unanimously. SEE RESOLUTION 89-3 and RESOLUTION 89-4. 8. Consideration of paying for damage on sewer backup - Ben James. Gene Fyle of Fyle's Excavating and Matt Theisen of City staff reviewed circumstances leading to a sewer backup and subsequent damage to property owned by Ben James. Staff informed Council it is difficult to determine if staff action to clear the obstruction in the city sewer line may have contributed to the damage experienced by Mr. James. In addition, the City's insurance company did not view the City as being negligent in this situation. After discussion, staff was directed to present the case to the insurance company again, and to consider negotiating a settlement with Ben James in the event that the insurance company continues to view the City as not being negligent. No formal action was taken on this matter. 9. Consideration of replatting request to replat an existing lot into six townhouse lots and one common area lot. A variance request to allow a replatted lot to have less than the minimum lot width requirement. A replatting request to replat an existing lot into four townhouse lots and one common area lot. Applicant, Jay Miller Fairway Court. Gary Anderson reviewed the site plan and noted that vehicular access in and out of the parking spaces in front of townhome 9 and 10 will be difficult. During the discussion, it was suggested that the townhomes be shifted 15 feet to the rear of the lot which would create additional needed space for vehicular movement in the parking area. 3 Council Minutes - 1/23/89 Motion by Warren Smith and seconded by Fran Fair to approve the variance request to allow a replatted lot to have less than the minimum lot width requirement and approve a replatting request to replat an existing lot into four townhouse lots and one common area lot: Approval is contingent on shifting structures 15 feet to the rear of the lot. Motion passed unanimously. The variance is justified by unique shape of the lot. Denial of variance would deny applicant reasonable use of the property. 10. Consideration of additional salary adjustment for Water Superintendent position. City Administrator Wolfsteller requested that Council consider an additional 2% increase for Matt Theisen in 1989. He went on to note that when Matt received his recent promotion, it was agreed that he would be considered for a raise at such time that he successfully completes a probation period. It was Administrator Wolfsteller's view that Matt has met and exceeded expectations and that consideration of a 2% increase is appropriate at this time. After discussion, motion was made by Dan Blonigen and seconded by Warren Smith to grant Matt Theisen an additional 2% salary increase in 1989. Motion passed unanimously. 11. Consideration of PSG contract increase at the Waste Water Treatment Plant. Public Works Director Simola informed Council that demands placed upon the waste water treatment plant have increased over 20 percent; and in accordance with the City contract with PSG, the contract amount must increase. Simola informed Council that he is satisfied with the documentation and testing associated with determining the extent of the increase demand and recommends that Council approve a change in contract price for PSG due to a change in scope of services at the waste water treatment plant. The change in scope of services shall be based upon $31.20 per percent of flow per month over or below the trigger, $25.46 per percent of total suspended solids per month over or below the trigger, and $41.30 per percent per month over or below the trigger for BODS. After discussion, motion was made by Fran Fair and seconded by Shirley Anderson to approve the recommended increase. During discussion, Dan Blonigen noted that he is not sure the actual increase in cost to run the plant is fairly represented. Voting in favor: Fran Fair, Shirley Anderson, Ken Maus and Warren Smith. Opposed: Dan Blonigen. Motion carried. 12. Consideration of gambling license renewal - Legion Club. Motion by Warren Smith and seconded by Fran Fair to acknowledge gambling license request and not oppose Gambling Board's consideration of renewal. Motion passed unanimously. Council thanked the Legion Club for the report on expenditures of gambling proceeds. 4 *NOTE: Motion also included approval of replatting request for six townhouse lots and one common area lot. 13. 14. 15. 16. Council Minutes - 1/23/89 Consideration of adopting ordinance amendment to cover elected officials under workmen's compensation. Administrator Wolfsteller informed Council that an ordinance must be adopted to legally provide Council with this coverage. Dan Blonigen questioned the need for workmen's compensation insurance and asked if insurance was being duplicated. Administrator Wolfsteller informed Council that the insurance is not a duplication and that the City has never had a claim. He went on to note that we have been paying the premiums in the past and the coverage is available. He recommended that this policy continue and that the ordinance amendment specifically including elected officials be adopted. After discussion, motion by Fran Fair and seconded by Dan Blonigen to adopt said ordinance and review need for workman's compensation for City Council from time to time. Motion passed unanimously. SEE ORDINANCE AMENDMENT NO. 168. Consideration of enteri HiQhwav Department. a 1989 maintenance agreement with Wright Coun Motion by Warren Smith and seconded by Shirley Anderson to adopt said maintenance agreement. Motion passed unanimously. Consideration of MN/DOT proposed cost sharing arrangement on signal installation at River Street and Highway 25. Administrator Wolfsteller informed Council that MN/DOT proposes to install signal lights at River Street and Highway 25 and is asking the City to participate in 12 percent of the project costs. Councilmember Smith noted that 12 percent is a reasonable amount, and to make an effort to avoid contributing to the cost of the solution to the problem created by MN/DOT would not be constructive. Motion made by Warren Smith and seconded by Shirley Anderson to approve in participation of 12 percent of the cost to install said signal lights with City participation not to exceed $9,600. Motion passed unanimously. Consideration of participating in the Johnny Elm Seed Program in Monticello. Public Works Director Simola described the program which involves cooperative efforts of the local Boy Scout organization, City of Monticello, and the Johnny Elm Seed organization. For $200 the City receives 100 American Liberty Elms, each approximately one foot high. The Boy Scouts plant the trees in a small nursery and care for them for two to three years. When they become five to seven feet in height, they are then ready for planting on city boulevards and parks. After discussion, motion by Shirley Anderson and seconded by Fran Fair to approve City participation in the Johnney Elmseed Program. Motion passed unanimously. 41 Council Minutes - 1/23/89 17. Consideration of approving plans and specifications for demolition of Stelton's and Jones property. After discussion, motion by Warren Smith, seconded by Fran Fair, to approve said plans and specifications. Motion passed unanimously. 18. Consideration of Township cost sharing arrangement for new aerial ladder truck as part of Joint Fire Agreement. Administrator Wolfsteller reviewed the forma forladcost er trsharing Wolfsteller associated with township use of the new aeric recommended that Council authorize the Joint Fire Boof the ard lto eestablish naof separate agreement covering towti�panduse include $150,000 as a the new fire truck at $125 per representative value of a new pumper portion of the truck within the formula. After discussion, motion by Shirley Anderson and seconded by Warren Smith to adopt said recommendation. Motion carried unanimously. 19. Consideration of authorizing feasibility study for storm sewer improvements - Construction 5 property. Staff reviewed the request submitted by Construction 5 property which asks for development of a storm sewer in replacements f a drainare to ge ditch alongside their property. The request stems from th ase parking area associated with the planned development of an office/warehouse facility. Council reviewed the request and suggested that staff review the site plan and parking require entsand attempt to reduce the length of storm sewer necessary to pr Motion by Shirley Anderson and seconded by Dan Blonigen to table the matter pending collection of additional information. Motion passed unanimously. 20. Approval of bills for the month of January. Motion by Warren Smith, seconded by Fran Fair, to approve bills as submitted. Motion passed unanimously. There being no further business, meeting was adjourned. 7W D' Nei 11 Assistant Administrator 6