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City Council Minutes 11-26-1984MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL November 26, 1984 - 7:30 P.M. Members Present: Mayor Arve Grimsmo, Fran Fair, Ken Maus, Jack Maxwell, Dan Blonigen. Members Absent: None. 1. Call to Order. 2. Approval of Minutes. Motion was made by Maxwell, seconded by Maus, and unanimously carried to approve the minutes of the regular meeting held November 13, 1984, as presented. 3. Citizens Comments/Petitions, Requests, and Complaints. The Council acknowledged a petition request for consideration of vacating Sixth Street adjoining Block 41 by Construction 5, Inc. The purpose of the requested vacation was to construct a 12 -unit apartment building. Motion was made by Fair, seconded by Blonigen, and unanimously carried to hold a public hearing on January 14, 1985, for the purpose of considering vacation of a portion of Sixth Street adjacent to Block 41, Lower Monticello. 4. Consideration of a Resolution Setting the Sale of Series 1985 General Obligation Bonds for the Purposes of Constructing a Fire Hall and Acquiring Adjunct Equipment. Mr. Jerry Shannon of Springsted, Inc., the City's Bonding Consultants, discussed with the Council the recommendations for the issuance of $860,000.00 in General Obligation Bonds for the purpose of constructing the new Fire Hall. Mr. Shannon suggested that the City consider combining the debt service for the Fire Hall bonds with the only other outstanding General Obligation Bond, which is for the Library,that was issued in 1981. By combining the two debt service payments into one, the new issue would have a 12 -year payment schedule and would save substantial amount of interest for the City rather than going 15 years. Motion was made by Maus, seconded by Fair, and unanimously carried to adopt a resolution setting the sale date of Monday, January 14, 1985, for the purpose of issuing $860,000.00 in General Obligation Bonds for the construction of the Fire Hall and to combine the debt schedule with the existing Library bonds. See Resolution 1984 #51. -1- Council Minutes - 11/26/84 5. Consideration of Entering a Contract for Law Enforcement Services with the Wright County Sheriff's Department. The Wright County Sheriff's Department recently submitted a law enforcement contract for the year 1985 that would consist of 6905 hours of annual patrol coverage at an hourly rate of $17.00 per hour. The total annual contract fee would amount to $117,385.00. The contract form remained the same as in previous years except that a paragraph was eliminated that indicated the municipality shall defend the Sheriff's Department for damages resulting from enforcement of any municipal ordinance. The Sheriff's Department indicated their own liability insurance would cover them for any damages arising when they are executing their duties under a contract and thus, this paragraph was eliminated. Motion was made by Blonigen, seconded by Maxwell, and unanimously carried to approve the law enforcement contract with the Wright County Sheriff's Department for the year 1985 at an hourly rate of $17.00. 6. Consideration of a Proposal to Vacate River Street in Exchange for Alternate Street Dedication - Applicant, Monticello -Big Lake Hospital District. At the previous Council meeting, the Council denied the request by the Monticello -Big Lake Hospital District to vacate River Street behind the hospital and requested continued negotiations with the Hospital District for possible alternate routes that could be established to connect Hart Boulevard and River Street if the Council were to vacate River Street. The City Administrator has been negotiating with the hospital to establish alternate routes and land exchanges. The initial proposal was to obtain roadway easements just east of the Medical Facilities Clinic between Hart Boulevard and River Street in exchange for the City vacating River Street behind the proposed nursing home. Problems arose with this alternative in that since the Medical Facilities Clinic was built with Industrial Revenue Bonds, all individual bond holders would have to agree to release the property for roadway purposes, which would almost be impossible to accomplish. As a result, the hospital re -aligning River Street behind the nursing home further to the north and would dedicate approximately 40 feet of their property north of the present River Street in exchange for the City vacating the southerly 40 feet of the present River Street adjacent to their nursing home complex. One condition for this re -alignment was requested by the hospital that some sort of an agreement be established indicating that the City would not pursue development and construction of River Street -2- as long as the nursing location. The nursing request was for safety in that the City has no time but only wishes to in the future. Council Minutes - 11/26/84 home is being operated in its present home's main reason for the initial vacation factors, and this compromise seems reasonable plans to develop a street at the present retain its right to do so if needed Motion was made by Fair, seconded by Maxwell, and unanimously carried to vacate the southerly 40 feet of River Street located approximately between Elm Street and Oak Street according to proposal submitted by City Engineer and to accept a dedication from the hospital of an additional 40 feet on the north side of River Street contingent upon an agreement being prepared working out all details on final locations and covenants. 7. Consideration of Bids and Award of Contract for New Snowplow Truck. Two bids were opened on Monday afternoon, November 26, for the purchase of a new diesel powered truck with box and sander along with a wing and hitch. The first bid received was from Hoglund Bus Company for a total price of $51,550.00 for the complete truck and equipment. It was noted by the Public Works Director that the Hoglund Bus bid did not include the proper box and hoist as specified in the specifications. The second bid was from Lakeland Ford of South St. Paul for $49,368.00, which included the proper box and hoist specified. Public Works Director, John Simola, informed the Council that the local Ford Dealer in Monticello would take care of warranty items except major repairs to the diesel engine, which they were not equipped to handle. Any diesel repairs would have to be made by Lakeland Ford in South St. Paul. In contacting Lakeland Ford, they indicated they would tow the vehicle to their dealership for any major repairs to the diesel engine free of charge during the 2 -year warranty period. Due to the savings in the bid price of $2,182.00, it was the Public Works Director's recommendation that the low bid from Lakeland Ford be accepted. The Council then discussed their concerns about purchasing a vehicle from a dealer out of town and felt that the savings may be lost in the future years in down time and labor expense in servicing the vehicle if it had to be taken down to South St. Paul all the time. City Administrator noted that State Statutes do allow some latitude in awarding bids to a higher bidder if it can be substantiated that convenience and servicing would be difficult from an out of town dealer. After further discussion, motion was made by Fair, seconded -3- Council Minutes - 11/26/84 by Maxwell, to award the bid for the purchase of a new truck to the lowest responsible bidder, Lakeland Ford, in the amount of $49,368.00. Voting in favor: Fair, Maxwell. Opposed: Grimsmo, Maus, Blonigen. Motion was then made by Maxwell, seconded by Blonigen, to award the bid for the purchase of the truck to Hoglund Bus Company in the amount of $51,550.00 provided Hoglund Bus provides a Heil box that meets specifications rather than the J -box included in their original bid price. Mr. Gordy Hoglund, of Hoglund Bus Company, indicated a willingness to supply the proper box to meet specifications. Voting in favor: Grimsmo, Maxwell, Maus, Blonigen. Opposed: Fran Fair. 8. Consideration of Appointment of New Employee for the Street and Parks Department. Public Works Director, John Simola, informed the Council that 51 applicants had applied for the position with the Street and Parks Department. Interviews were held by the City Administrator, Public Works Director, and Street Superintendent, with the qualified applicants; and it was recommended that the position be given to Mr. Keith Trippe of 201 East River Street, Monticello. Mr. Trippe was recently employed by the City of Monticello in the fall of 1983 and was recently laid off by the City November 2, 1984. Mr. Trippe's original employment was under the MEEDS program which terminated. Motion was made by Maxwell, seconded by Maus, to hire Mr. Keith Trippe as a new employee for the Street and Parks Department. Voting in favor was Grimsmo, Fair, Maxwell, Maus. Opposed: Blonigen. 9. Consideration of Entering an Agreement with Minnesota Department of Transportation. Many months ago when MN/DOT was preparing plans for the new Highway 25 bridge replacement, negotiations had taken place with MN/DOT allowing the City to acquire replacement land for park purposes to replace the portion of East Bridge Park that would be needed by the State for the new bridge construction. At approximately the same time the negotiations were taking place, the City acquired Bob and Mary Saxon's property located adjacent on the east side of East Bridge Park. During that same period of time, MN/DOT provided the City with a copy of a legal agreement which would accommodate the transfer of the land they needed for the bridge location and also included reimbursement by the State for replacement land if the City should acquire any. am Council Minutes - 11/26/84 The City Council had approved this reimbursement agreement, but recently MN/DOT indicated the agreement would have to be changed with minor wordinj changes to indicate that the City has acquired replacement land rather than the City may acquire replacement land. Motion was made by Blonigen, seconded by Maxwell, and unanimously carried to approve entering into the new agreement with MN/DOT allowing for the exchange of land and reimbursement by the State for the land the City purchased previously. 10. Consideration of Conditional Use Request to Allow a Nursing Home in an R -B Zone - Applicant, Monticello -Big Lake Community Hospital District. The Monticello -Big Lake Community Hospital District requested a conditional use permit to be allowed to start construction of their new nursing home to be located on the north side of the present hospital. Motion was made by Blonigen, seconded by Maxwell, and unanimously carried to approve the conditional use permit for a nursing home in an R -B Zone by the Monticello -Big Lake Community Hospital District. 11. Consideration of a Conditional Use Request to Allow Outdoor Sales in a B-3 Zone - Applicant, Monticello Auto Sales, Inc. Mr. Clarence McCarty, owner of Monticello Auto Sales, requested a conditional use permit to allow Auto Sales at the former Dino's Restaurant site on East County Road 75. Mr. McCarty indicated that the lot would only be used for his cars that would be advertised for sale, and no actual sales facility would be located at the site. The Planning Commission recommended that if approved, the following conditions be attached to this conditional use request. 1. The conditional use be for a period not to exceed past December 31, 1985. 2. The vehicles to be sold there, whether they be automobiles or pickups, are not to exceed a gross vehicle weight of 9,000 pounds. 3. The site be reviewed by the Zoning Administrator and meet his approval before it can open for business. 4. The area is to be lighted, and the light directed to the cars on the sales lot only. -5- Council Minutes - 11/26/84 5. The entire number of cars at this point not to exceed 10. 6. The entire area which Mr. McCarty is leasing be kept neat and well maintained through the duration of his conditional use permit. 7. The vehicles to be displayed belong only to Monticello Auto Sales, and they cannot be consignment cars from other individuals or corporations. 8. A fence be put around the old basement in the front and on the two sides. Motion was made by Maxwell, seconded by Blonigen, and unanimously carried to approve the conditional use request for Monticello Auto Sales provided the 8 conditions listed above are met. 12. Consideration of Conditional Use Request to Allow a Detached Accessory Building in Excess of 1000 Square Feet to be Built Without a Principal Use for the Vacant Property - Applicant, Marvin Scherer. Approximately one year ago, Mr. Scherer requested a building permit to build a cold storage building on his property on West County Road 39. Since there were no other buildings on the property and the property is zoned residential, Mr. Scherer's request for a garage facility was not an acceptable use of the property without a residence being established there first. It was the intent of the City staff that after a review of the zoning ordinances may have determined that this area should be rezoned to a different classification allowing Mr. Scherer to build his proposed garage. The zoning ordinance as of this date had not yet been revised, and Mr. Scherer again applied for a permit to build the accessory building he initially proposed. The request to build an accessory building of approximately 54' x 90' was prompted by the City's desire of Mr. Scherer to clean up a blighted area in that the property contained numerous automobiles and related equipment stored outdoors. In an effort to make the area more attractive, the Planning Commission recommended that a conditional use be granted allowing Mr. Scherer to construct his proposed building, provided a number of conditions were met by the owner as follows: 1. The building be set at the southwest corner of the property with a 5 -foot setback on the south and west sides. 2. That the entry doors be on the east end of the building. 3. That a screening fence made of treated wood between 7 and 8 feet high be constructed. Council Minutes - 11/26/84 4. That the property be kept mowed and groomed as if it were a residential house. 5. That the driveway be blacktopped or concrete. 6. Maximum gate opening in the fence be 15 feet and the maximum driveway width be 12 feet. 7. The gate must be kept closed and be of the same material as the screening fence. 8. The minimum height of tree plantings recommended by the Planning Commission be 8 feet and that Mr. Scherer conform to the site plan on number of trees required. 9. No outside storage would be allowed. 10. The building could be used for storage of automobiles and accessories only. Councilmember Fair questioned whether fencing around the building and through his property would be desirable in the residential area, as it may detract from the area and only encourages items to be stored within the fenced area. Mrs. Fair felt the money for the fence should be spent on making the building more attractive to fit in with the area. It was the general consensus of the Council that fencing around the building would not eliminate the building from being seen from County Road 39 and may be more of a detriment than no fence at all. It was also the consensus not to require Mr. Scherer at the present time to blacktop or concrete his driveway. City Administrator suggested that if a conditional use permit is granted, it should be granted to Mr. Scherer only and that it should be recorded against his property so that future transfers of ownership would require a new owner to reapply for a conditional use permit to use the building if it's used for other than storage of automobiles. This would provide the City with controls over the property being transferred and new owners using the building for other purposes not conducive to a residential area. Motion was made by Fair, seconded by Blonigen, and unanimously carried to approve the conditional use permit allowing Mr. Scherer to build a cold storage building on his property provided all conditions are met as listed above except that fencing would not be required around the building and that the driveway would not have to be blacktopped or have concrete surfacing. It was noted that before a Certificate of Occupancy would be given to Mr. Scherer on the building, all plantings would have to be in compliance with the site plan; and if not completed by the time the building is done, an extension would be granted -7- Council Minutes - 11/26/84 to June 1, 1985, provided Mr. Scherer post a bond for one-half times the value of the landscaping work. 13. Consideration of Variance Request Appeal for a Simple Subdivision Request of a Residential Lot, Variance Requests for Less than the Minimum Lot Width and Lot Square Footage - Applicant, Harry Stokes. Mr. and Mrs. Harry Stokes have filed an appeal with the City Council of the Planning Commission's decision to deny their request for a simple subdivision of their residential lots located on Lots 1, 2, 3, and 4, Block 47. Mr. Stokes had originally requested a subdivision of his property to create a lot 72 feet wide along Vine Street with a depth of 132 feet, making the total square footage 9,504 sq. ft. City ordinances currently require a minimum width of 80 feet and a lot square footage of 10,000 sq. ft., which Mr. Stokes was short on both cases. The Planning Commission, after reviewing the simple subdivision request, denied the variances on lot width and lot square footage and disallowed the simple subdivision. It was recommended by the City staff that the subdivision could be accomplished by Mr. Stokes with an 80 -foot width rather than the 72 as requested. Mr. Stokes indicated an unwillingness to make the lot 80 feet, as it would then require him to relocate his driveway off of Vine Street further south of its present location. It was agreed that in making the lot width a minimum of 80 feet, Mr. Stokes' driveway would have to be moved, but there appeared to be sufficient room off of either Broadway or Vine Street to provide access to his house without causing much of a problem. Mr. Stokes indicated he did not feel the subdivision was feasible if he did not get the variances as requested. As a result, motion was made by Maxwell, seconded by Blonigen, and unanimously carried to approve the simple subdivision as requested and granting variances from the minimum width requirement of 80 feet and minimum lot size of 10,000 sq. ft. 14. Consideration of a Subdivision Concept for the Ed Doran/Rand Mansion Property - Applicant, Ed Doran and Realty Station. Mr. Ed Doran, property owner, and Mr. Ralph Munsterteiger, of Realty Station, submitted a subdivision concept for the former Rand Mansion consisting of 7 building lots. The developers are proposing access to five of the lots off of what is known as Old Territorial Road, which is currently used as a driveway to the Bob Jameson residence. The basic subdivision is allowable under City ordinances, but the Planning Commission and City Planner, John Uban of Howard Dahlgren Associates,recommended that if a subdivision is allowed, possibly some type of architectural -8- Council Minutes - 11/26/84 control should be placed as covenants against the property because the Rand Mansion is on the National Historical Register. Mr. Doran strongly objected to the notion of any architectural controls being placed on the subdivision, as it would limit the ability for anyone to sell the property and build homes on the site. It was noted that although the architectural controls would not require all homes to be built similar to the existing Rand Mansion but would only require certain characteristics of the architectural style incorporated into the Rand Mansion to be incorporated into the new homes. The developers felt any covenants or restrictions would be prohibitive in the sale of the land and would not be feasible to the owner. After further review, motion was made by Fair, seconded by Blonigen, and unanimously carried, to approve the general concept plan of subdividing the property without any covenants being attached at this time. 15. Review of 3rd Quarter Liquor Store Financial Report. City Council reviewed with Liquor Store Manager, Mark Irmiter, the 3rd Quarter Financial Report. In addition to reviewing the financial report, the Council discussed and recommended that the staff look into additional lighting for both the sign and the front of the building. The Council suggested that possibly upgrading of the fascia of the building toward Highway 25 be considered. Motion was made by Blonigen, seconded by Maus, and unanimously carried to accept the 3rd Quarter Financial Report as presented. 16. Approval of Transfers Between Funds. Motion was made by Maxwell, seconded by Fair, and unanimously carried to approve the following transfers recommended by the City staff. Purpose Amount From To To close out $221759.00 LCMR Capital fund Fund Outlay To cover $642011.00 Capital Highway 25 deficit incurred Outlay Const. Fund in purchasing To cover est. $126,059.00 Capital 1984 Const. City share of Outlay Fund Broadway Impr. Wn Council Minutes - 11/26/84 Purpose Amount From To To cover City $ 7,327.10 Capital 1984 G.O. share of Asmt's Outlay Bond Hart Blvd. To cover WWTP $362235.00 Liquor Sewer const. deficit City share To cover int. $33,765.00 Liquor Sewer expense previously charged to sewer fund because of WWTP const. 17. Consideration of Setting a Date for a Special Meeting for the Express Purpose of Discussing 1985 Salaries for Non -Union Personnel. It was the consensus of the Council to have a special meeting at 7:30 A.M., December 1, 1984, for the purpose of establishing a salary pool from which the Administrator could grant pay increases for 1985. 18. Consideration of Bills for the Month of November. Motion was made by Fair, seconded by Maxwell, and unanimously carried to approve the bills for the month of November as presented. Rick Wolfsteller Assistant Administrator -10-