City Council Minutes 05-14-1990MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, May 14, 1990 - 7:00 p.m.
Members Present: Ken Maus, Fran Fair, Warren Smith, Shirley
Anderson, Dan Blonigen
Members Absent: None
2. Approval of minutes.
Item #8 on the April 23 minutes was corrected to include the
vote of the Council.
After discussion, motion was made by Shirley Anderson to
approve the regular meeting minutes of the Monticello City
Council held April 23, 1990. Motion included approval of the
meeting minutes of the special meeting held January 29, 1990.
Motion was seconded by Dan Blonigen and carried unanimously.
3. Citizens comments/petitions, requests, and complaints.
Linda Smith of Little Mountain Flowers submitted a petition to
the City Council requesting that the City regulate the
commercial activity of transient merchants in the community.
Smith noted that the retail merchants are concerned about the
commercial survival of the businesses that must compete with
transient merchants and scavengers who, for a small fee, are
permitted to compete against the city -based retailers. Her
concern was that the outsiders undercut local retailers with
inferior merchandise and non-existent services. Smith
requested that the City develop ordinances that control
transient merchant activity.
Mayor Maus thanked Linda Smith for the letter outlining the
retailers concerns and noted that the City Council will bring
this item up as a regular agenda item.
4. Consideration of appeal on a public nuisance order.
Applicant, Luke Torell.
Mr. Torell requested that the vehicle that he is storing
behind his residence be allowed to remain there at least 90
days even though the vehicle is not operable and in violation
of the public nuisance ordinance. Torell indicated that he
does intend to get the vehicle in working order.
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Fran Fair asked why Torell doesn't place the vehicle in the
garage. Mrs. Torell indicated that the garage is filled with
other items and cannot accommodate the vehicle.
After discussion, motion was made by Dan Blonigen, seconded by
Fran Fair, to provide Mr. Torell 60 days in which to comply
with the public nuisance ordinance. Motion carried
unanimously.
5. Consideration of a conditional use request to allow a daycare/
headstart program in an R-2 (single and two family
residential) zone. Applicant, First Baptist Church/Wright
County Community Action Headstart Program.
Arlene Wirth of the Wright County Community Action Headstart
Program was present to describe the daycare/headstart activity
proposed for the Baptist Church site. Arlene noted that the
facility is serving Monticello children who otherwise would
need to travel to other communities to receive the headstart
services.
Ken Maus asked City staff if there might be a problem with the
headstart student use of the nearby park area. John Simola
noted that the park does not include a tot lot; however, he
could see no reason why the children wouldn't be allowed to
use the area as long as they are supervised.
A local resident, John Holler, asked if the City would look
into making the park bigger to accommodate the number of
children that will be using the park from the headstart
program.
After discussion, motion was made by Warren Smith, seconded by
Fran Fair, to grant the conditional use request allowing a
daycare/headstart program in an R-2 (single and two family
residential) zone. Motion carried unanimously.
6. Consideration of conditional use permit which would allow
retail/commercial activity in a PZM zone. Applicant, JKMV
Partnership/21st Century Builders.
Mayor Maus relinquished the chair to Acting Mayor, Fran Fair.
Assistant Administrator O'Neill reviewed the site plan and
outlined the suggested conditions associated with this permit.
He also noted that the Planning Commission had recommended
approval of the conditional use permit subject to the
applicant obtaining a variance which would allow the northerly
most access onto Cedar Street to be located within 40 feet of
the 5th Street right-of-way.
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O'Neill also went on to note that during the excavation and
grading of the site placing it in the condition it is today,
material was deposited underground in an area along the
northern boundary of the property. O'Neill informed Council
that it is likely that some of this debris is located on the
City 5th Street right-of-way.
Dan Blonigen suggested that a condition be added to the permit
which would require that the developer remove all debris
material dumped on City right-of-way prior to issuance of a
building permit.
Fran Fair also noted that the debris material should be
removed from the 5th Street right-of-way as a condition of the
conditional use permit.
After discussion, motion was made by Shirley Anderson,
seconded by Dan Blonigen, to approve the conditional use
permit subject to the following conditions:
1. Development of a final landscaping and berming plan
creating effective transition between commercial and
residential properties as determined by the City Planner.
A bond in the amount of 100% of the cost to install
berming and landscaping shall be provided to the City
prior to issuance of a building permit.
2. Development of a retaining wall shall be accompanied by
installation of a safety fence for the purpose of
eliminating access to the edge of the retaining wall.
The fence shall be made of weather resistant material and
be at least 6 feet high.
3. Prior to issuance of building permit, drainage and
retaining wall construction plans shall be approved by
the City Engineer.
4. The southerly most access onto Cedar Street shall be
aligned with 6th Street.
5. The northerly most access onto Cedar Street shall be
moved 40 feet to the south of 5th Street, eliminated, or
a variance allowing the access to be located at this
point shall be obtained.
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6. Applicant shall remove all debris previously placed on
the 5th Street right-of-way along the northern boundary
of the property. Removal process must be reviewed by
City Inspector. Debris must be removed prior to issuance
of a building permit.
Voting in favor: Fran Fair, Warren Smith, Shirley Anderson,
Dan Blonigen. Abstaining: Ken Maus.
7. Consideration of approval of preliminary and final plat of
Kirkman Addition (K -Mart). Applicant, The Lincoln Companies.
Assistant Administrator O'Neill described the preliminary and
final plat of the Kirkman Addition and noted that the plat
cleans up a complex set of metes and bounds legal
descriptions. In addition, the plat development is a
requirement of the development agreement between the City and
The Lincoln Companies and is in sufficient compliance with the
standards noted in the subdivision ordinance.
Dan Kling of OSM suggested that one modification to the plat
might include the outline of the area needed for on-site
ponding. This area would be indicated as such on the plat and
could not be used for any other purposes. Assistant
Administrator O'Neill asked if the pond area identified on the
plat would commit the City to any type of long-term
responsibility for maintenance. Kling indicated that
identification of the pond area on the plat would not
necessarily require that the City be responsible for future
maintenance of the pond area.
After discussion, motion was made by Shirley Anderson,
seconded by Warren Smith, to approve preliminary and final
plat of the Kirkman Addition subject to placement of the
identification of the pond area on the final plat. Motion
carried unanimously.
8. Consideration of rezoning request of land south of realigned
7th Street right-of-way from PZM (performance zone mixed) to
B-3 (highway business) zoning. Applicant, The Lincoln
Companies.
Assistant Administrator O'Neill reported that the proposed
amendment to the zoning map calls for amending the zoning map
to reflect the final alignment of the 7th Street right-of-way.
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After discussion, motion was made by Warren Smith, seconded by
Fran Fair, to adjust the zoning map in a manner reflecting the
final alignment of the 7th Street right-of-way in the area of
the Monticello Mall/K-Mart development. The land area between
the original alignment and final alignment is to be rezoned
from PZM to B-3 zoning. Motion carried unanimously.
SEE ORDINANCE AMENDMENT NO. 191A.
9. Consideration of resolutions authorizing the sale of bonds for
Tax Increment District 1-1 (7th Street Project) and refunding
of 1983 G.O. Bond along with Meadows 2nd Addition phase II
improvement.
Catherine Polta reviewed the proposed resolutions authorizing
sale of bonds. Administrator Wolfsteller noted that with the
bid opening scheduled for May 18 for the improvement of 7th
Street and Minnesota Street as part of the K -Mart project, it
is now time to consider authorizing sale of bonds to finance
these improvements as part of the City's Tax Increment
District 1-1. The City has already incurred costs and land
acquisition for the 7th Street alignment. With K -Mart now
under construction, it is recommended that authorization be
granted to sell bonds in the amount of $560,000, which is
consistent with the adopted budget within the tax increment
plan. According to the adopted budget, the tax increment
revenue that will be generated from the K -Mart project will be
sufficient to retire the bonded indebtedness and additional
revenue will be available in the future from proposed
assessments pertaining to Minnesota Street and 7th Street
improvements paid by The Lincoln Companies and others. They
can be utilized by the City for its improvement funds in the
future.
After discussion, motion was made by Fran Fair, seconded by
Shirley Anderson, to approve a resolution authorizing bond
sale for the 7th Street improvement project in the amount of
$560,000. Motion carried unanimously.
SEE RESOLUTION 90-19.
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10. Consideration of adopting ordinance amendment which would
allow operation of a prototype furnace using rubber products
as fuel in an I-1 zone.
Assistant Administrator O'Neill informed Council that the
Planning Commission had recommended that the City adopt the
ordinance amendment which would allow operation of a prototype
furnace using rubber products as fuel in the I-1 zone on a 4
to 1 vote. O'Neill also went on to review the proposed
conditions associated with the operation of the furnace.
Ray Schmidt of Universal Equipment Manufacturing, along with
Wes Sprunk, provided answers to Council's questions regarding
the operation of the furnace. Schmidt noted that if approval
is granted, his company will be occupying the structure in the
near future and should be employing up to 20 people by next
summer. Schmidt also went on to note that the conditions
suggested by the Planning Commission are acceptable, and his
company is willing and able to comply with all requirements
noted.
After discussion, motion was made by Shirley Anderson,
seconded by Fran Fair, to approve an ordinance amendment
establishing operation of a prototype rubber burning furnace
incidental to a principal use as a conditional use in an I-1
zone provided that:
1. The furnace must meet all existing or future air emission
standards as established by federal or state pollution
control agencies.
2. Stack height must be high enough to eliminate potential
of stack gases being trapped at the ground level by the
effect of wind flow around buildings.
3. Before a date set by the City, furnace will undergo
emissions testing on prototype furnace and applicant will
apply for an air emission permit from the PCA even if
exempt from PCA regulations. Furnace design must meet or
exceed proportion requirements for a one million BTU
furnace as required by the PCA. Failure of emission test
during prototype development or failure to obtain
permission to sell this product in Minnesota shall
terminate conditional use permit.
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4. Regular use of the furnace shall be limited to the
heating season. Non -heating use of the system shall be
limited to testing and demonstration. Furnace shall not
be operated for the sole purpose of reducing waste tires.
5. A 6 -foot, 90% opaque fence shall be used to screen waste
tire storage areas. No waste tires shall be in plain
view. The site may not contain more than 75 unprocessed
tires at any one time. The site may not be used as a
tire transfer station.
6. Complaints made by area property owners about the furnace
emissions may be sufficient cause for the City to
withdraw the conditional use permit and, therefore, halt
furnace operation.
7. Waste ash and particulate recovered, if deemed hazardous
by the Pollution Control Agency at some time in the
future, shall be treated at that time as hazardous waste
and shall be disposed of in a manner approved by the City
of Monticello and the Minnesota Pollution Control Agency.
Motion carried unanimously.
In reviewing the conditions above, necessary stack height is
to be determined by the Pollution Control Agency given the
characteristics of the area; and the date by which the testing
of emissions is completed shall be established by City staff
and dependent on the date by which the furnace begins
prototype operation. SEE ORDINANCE AMENDMENT NO. 188.
11. Consideration of conditional use permit which would allow
operation of a prototype furnace using rubber products as
fuel.
Motion was made by Fran Fair, seconded by Dan Blonigen, to
approve issuance of a conditional use permit allowing
operation of prototype furnace using rubber products as fuel
subject to conditions noted by ordinance. Motion carried
unanimously.
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12. Consideration of a resolution awarding bids for Project 90-03,
street and utility improvements for the Meadows 2nd Addition,
phase II.
After discussion, motion was made by Warren Smith, seconded by
Shirley Anderson, to award the project to the lowest
responsible bidder, which is Redstone Construction of Mora,
Minnesota, in the amount of $81,899.55. Motion carried
unanimously. SEE RESOLUTION 90-21.
Motion was made by Shirley Anderson, seconded by Warren Smith,
to adopt a resolution authorizing bond sale calling for
refinancing of a 1983 Meadow Oak bond issue and the Meadows
2nd Addition improvements in the amount of $730,000. Motion
carried unanimously. SEE RESOLUTION 90-20.
13. Consideration of accepting appraisal for park dedication
purposes --West Prairie Partners plat.
After discussion, motion was made by Fran Fair, seconded by
Dan Blonigen, to provide the developers with two options for
establishing the valuation of the development area. The City
will accept the County Assessor's valuation for 1990 taxes at
$17,200, or the City will accept the appraisal of the property
by a third party independent of the original transaction and
certified to do appraisals according to accepted standards.
Voting in favor of the motion: Warren Smith, Fran Fair, Dan
Blonigen, Shirley Anderson. Opposed: Ken Maus.
14. Consideration of a zoning amendment to amend the entire
section of Chapter 18, Flood Plain Management Ordinance.
Applicant, City of Monticello.
Council was informed by staff that the City is required to
amend the flood plain ordinance as requested by the Department
of Natural Resources. In order for area residents to qualify
for flood insurance, the City must be in compliance with all
flood plain management regulations, which would be
accomplished by updating the existing flood plain ordinance.
After discussion, motion was made by Shirley Anderson,
seconded by Warren Smith, to approve the amendment to the
flood plain ordinance as outlined. Motion carried
unanimously. SEE ORDINANCE AMENDMENT NO. 189.
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15. Consideration of zoning ordinance amendment reducing
convenience food parking requirement. Applicant, Shingobee
Builders.
O'Neill reported that Planning Commission conducted a public
hearing on this matter and recommends approval of the proposed
amendment outlined below. Planning Commission reviewed the
technical data showing that the current ordinance requires
parking in excess of the parking demand generated during peak
periods experienced by convenience or "fast food" shops.
O'Neill informed Council that Shingobee Builders requests that
the City consider amending the parking requirements associated
with convenience food establishments. The proposed reduction
amounts to a significant reduction in the convenience food
parking requirement and could be accomplished by placing the
"convenience food" activity in the same parking requirement
category as restaurants, night clubs, taverns, cafes, and
private clubs serving food and drinks.
O'Neill went on to note that according to the zoning
ordinance, the Subway Sandwich Shop clearly meets the
definition of a convenience food establishment; therefore, it
appeared clear-cut that the sandwhich shop needed 60 parking
spaces. After further investigation, it was found that the
City of Monticello, in years past, has used the "restaurant"
parking requirement when establishing the parking requirements
associated with other "convenience food" establishments,
including Wendy's and McDonalds. In light of this
information, staff contacted the City Planner and researched
other ordinances regulating parking associated with
convenience food activity.
O'Neill reported that convenience food parking requirements
vary from city to city. Roseville, for instance, requires
about the same number of convenience food parking spaces as is
required by the existing Monticello ordinance. On the other
hand, recent traffic studies indicate that the parking ratio
for restaurants is adequate for convenience food activities;
therefore, there does appear to be a rationale for reducing
the convenience food parking requirement based on the traffic
study.
Ken Maus noted that the research on convenience food parking
supports what the City has been doing.
Dan Blonigen was concerned that the degree by which the
ordinance is being amended is excessive.
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Rick Wolfsteller noted to Council that the convenience food
parking requirement originally applied to drive-in facilities,
which require significantly more parking area than fast food
establishments. The ordinance amendment proposed reflects
changes in the delivery of this type of food service which no
longer is typified by people eating food in their cars at the
restaurant site.
After discussion, motion was made by Fran Fair, seconded by
Warren Smith, to amend the zoning ordinance by moving
convenience food parking requirements from 3-5 (H), number of
parking spaces required, Section 13, to Section 19. Voting in
favor: Fran Fair, Ken Maus, Warren Smith, Shirley Anderson.
Opposed: Dan Blonigen. SEE ORDINANCE AMENDMENT NO. 190.
16. Consideration of ordinance amendment deleting surety bond
requirements for on -sale liquor license applicants.
After discussion, motion was made by Fran Fair, seconded by
Warren Smith, to amend the ordinance by deleting the surety
bond requirement, as the City is not now required by the state
to obtain a surety bond in the amount of $3,000 before issuing
on -sale liquor licenses. Motion carried unanimously.
SEE ORDINANCE AMENDMENT NO. 191.
Administrator Wolfsteller noted that all applications for on -
sale retail licenses still must file with the City and the
state a certificate of liability insurance in an amount not
less than $300,000, which should adequately protect the
public.
17. Consideration of granting annual approval for municipal
licenses.
Ken Maus noted that some of the private clubs are actively
advertising to the public, which is not consistent with their
private club status and municipal license fee paid. Maus
noted that with the issuance of private club liquor licenses,
the license should include the provision that the
establishment must not advertise or serve liquor to the
general public.
After discussion, motion was made by Shirley Anderson,
seconded by Dan Blonigen, to approve the municipal licenses as
outlined and include a reminder to the private clubs of their
status and notify them that advertising liquor sales that are
open to the public may result in the withdrawal or withholding
of private club liquor licenses. Motion carried unanimously.
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18. Consideration of sale of excess right-of-way at the
intersection of service drive and East County Road 39
adjoining Lots 1, 21 31 4, and 19, Block 3, Hoglund Addition.
Area residents affected by the proposed sale were in
attendance. After discussion, motion was made by Warren
Smith, seconded by Shirley Anderson, to sell the property on
a contract for deed basis at $.25 per square foot. Terms of
the contract are to include a 7 -year payback period at 8%. In
addition, the area residents shall be responsible for the
platting of the area affected by the sale. Motion carried
unanimously.
19. Consideration of accepting a portion of annual sidewalk report
and adopting a resolution setting a public hearing.
After discussion, motion was made by Fran Fair, seconded by
Shirley Anderson, to authorize staff to post warning signs at
the location of substandard sidewalks and notify property
owners of the disrepair of these sidewalks. Motion carried
unanimously.
It was the consensus of the Council to review the sidewalk
system report at the next Council meeting set for Tuesday,
May 29, and possibly set a public hearing for sometime in June
1990.
20. Other matters.
After discussion, motion was made by Shirley Anderson,
seconded by Fran Fair, to designate the south side of Broadway
for Monticello Liquor to the intersection of Highway 25 as a
30 -minute parking area based on the finding that there is no
immediate accessible parking for businesses in that area of
the block, and the nature of the business (short-term
convenience) dictates short-term parking while nearby business
such as the Monticello Theater require longer term parking.
Motion carried unanimously. (This motion was made formal by
ORDINANCE AMENDMENT NO. 193 executed on 7/11/90.)
There being no further discussion, the meeting adjourned.
Jeff O'Neill
Assistant Administrator
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