City Council Minutes 10-15-1991MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Tuesday, October 15, 1991 - 7:00 p.m.
Members Present: Ken Maus, Shirley Anderson, Brad Fyle, Clint
Herbst, Dan Blonigen
Members Absent: None
2. Approval of minutes.
After discussion, a motion was made by Brad Fyle and seconded
by Shirley Anderson to approve the minutes of the regular
meeting held September 23, 1991, as submitted. Motion carried
unanimously.
3. Citizens comments/petitions, requests, and complaints.
None forthcoming.
4. Public Hearing --Consideration of a resolution for vacating a
portion of the drainage and utility easement along the
northern border of Lot 1, Block 1, Sandberg East. Applicant,
Clint Herbst.
Mayor Maus opened the public hearing.
Assistant Administrator O'Neill explained that the request
stems from a problem created with the original platting of the
Sandberg East subdivision. At the time the plan was designed,
it was in the township, and township design standards
stipulated that the side yard lot lines along the perimeter of
unplatted land requires establishment of a 20 -foot easement
along the side yard. This requirement affected Lot 1,
Block 1, of the Sandberg East subdivision.
O'Neill went on to note that the 20 -foot easement requirement
makes sense in a rural area, especially where there is no
easement on the adjoining property to the north; however, in
an urban area where lot sizes are smaller due to availability
of sanitary sewer, the 20 -foot easement acts to encumber the
property and limit ability to develop the site.
O'Neill also informed Council that the City may ultimately
need an easement running east and west in the area for use in
conjunction with development of a storm water outlet serving
the Meadow Oak storm water retention pond. He suggested that
the City Council grant the request to vacate the easement
contingent on the City acquiring additional easement at
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another location in order to provide for the potential route
for a storm sewer system that could possibly need to be
developed in the area. Mayor Maus then closed the public
hearing.
After discussion, a motion was made by Shirley Anderson and
seconded by Brad Fyle to adopt a resolution vacating a 14 -foot
section of the drainage and utility easement along the
northern border of Lot 1, Block 11 Sandberg East. Vacation is
subject to City acquisition of an additional 10 -foot easement
along the southern boundary of Lot 2, Block 1, Sandberg East
subdivision. Voting in favor: Ken Maus, Shirley Anderson,
Brad Fyle, Dan Blonigen. Abstaining: Clint Herbst.
SEE RESOLUTION 91-34.
5. Consideration of reviewing the Housing and Redevelopment Tax
Increment Financial Analysis as prepared by Business
Development Services, Inc.
Pat Pelstring of Business Development Services was present to
describe the financial analysis that he prepared of the City
of Monticello tax increment financing districts. Pelstring
noted that the tax revenue needed to pay the TIF debt is
sufficient and that there continues to be a surplus of TIF
funds that could be used for redevelopment activity as deemed
necessary by the HRA and City Council. Pelstring noted that
funds available after payment of TIF debt, administrative
expenses, and "pay-as-you-go" payments could approach $1.5
million over the next 20 years.
Council reviewed the report; no action taken.
6. Consideration of a request to rezone Lot 1, Block 4, River
Terrace, also known as West Side Market, from R-1 (single
family) zoninq designation to B-1 (neighborhood business .
Applicants, Tom Holthaus and Matt Holker.
Assistant Administrator O'Neill informed Council that the
owners of the West Side Market request that the City rezone
the West Side Market from its present residential zoning
designation to the B-1 (neighborhood commercial) zoning
designation. The request for the rezoning stems from the
desire of the applicants to operate under a zoning designation
that is consistent with the business operation that is now in
place.
O'Neill went on to note that if the zoning ordinance amendment
is allowed, the West Side Market is no longer considered a
non -conforming use, which would allow the property owner to
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fully utilize all the land area for commercial use as allowed
in the B-1 zone. This would allow the existing facility to be
enlarged significantly. In addition, the rezoning would allow
the West Side Market to sell Christmas trees at the site.
Under the present rules governing non -conforming uses,
Christmas tree sales are not technically allowed at the site,
as such outside sales could be construed as an enlargement or
intensification of a non -conforming use. In his presentation,
O'Neill informed Council that the Planning Commission
recommended that the rezoning be denied based on the finding
that the original zoning designation as R-1 was correct and
changing the designation to a B-1 district would constitute
spot zoning.
Ed Solberg, resident living at 1204 Sandy Lane, expressed
opposition to the rezoning request. He noted that the
rezoning constitutes spot zoning.
Tom Holthaus stated that his business must be able to compete
with other convenience stores, and in order to do so, he needs
to have the flexibility to use the site in a manner that
allows him to achieve the highest business potential at the
site. He also noted that the store has been a good neighbor,
as it has eliminated all beer sales and adult magazines. Over
400 people use the convenience store per day.
Clint Herbst stated that the West Side Market owners knew what
they were getting into when they bought the property. They
knew that enlargement of the facility would not be allowed in
the R-1 district. They shouldn't be allowed to come back
later and request the rezoning.
Dan Blonigen disagreed with Herbst in stating that the
property has no potential for residential use, and the
property is being used as a neighborhood business center;
therefore, it should be zoned as such.
Shirley Anderson noted that she is in the middle and agrees to
some degree with Dan. She noted that the original tavern that
was converted to the market was there prior to development of
residences.
Ken Maus stated that the local neighborhood deserves a first-
class convenience store; and in order to remain first class,
the store needs to be able to compete with other businesses
providing similar services. By allowing the rezoning to
occur, the business is in a better position to remain
competitive and more likely to remain an asset to the
neighborhood.
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Jon Bogart, a member of the Planning Commission, was in
attendance. He suggested that the City somehow allow the
property to be rezoned to B-1 but require restrictive
covenants against the site which limit the enlargement of the
store.
Assistant Administrator O'Neill suggested that if Council is
striving to seek a compromise which would allow the West Side
Market to operate as a legal permitted use and at the same
time regulate or apply conditions associated with enlargement
of the site, then Council may wish to consider establishment
of a convenience store as a conditional use in the B-1 zone.
After discussion, a motion was made by Shirley Anderson and
seconded by Clint Herbst to table consideration of rezoning
the West Side Market site from R-1 to B-1 and to direct City
staff to prepare an ordinance amendment allowing a convenience
store to operate in a B-1 district as a conditional use only.
Motion carried unanimously.
A motion was made by Dan Blonigen and seconded by Shirley
Anderson to allow Christmas tree sales to occur at the West
Side Market during the upcoming Christmas season. Motion
carried unanimously.
7: Review pilot study program and consideration of resident
optional cart system garbage pickup.
John Simola, Public Works Director, reported that in May of
this year, City Council authorized a pilot program for garbage
pickup utilizing the roll -around cart system in a section of
the community. Simola reported that as a result of the pilot
program, the City found that over half the residents in the
study area wish to continue with the cart system on a rental
basis. Seventy-nine percent (79%) to eighty-one percent (81%)
of the respondents, even though some did not wish to rent the
carts at this time, considered the cart system an improvement
over the old system and that it enhanced the look of the
neighborhood.
Simola went on to recommend that City Council approve a
resident optional cart system for the city authorizing the
purchase of 222 carts from Zarn for a cost of $11,909. Under
this alternative, the City would pick up carts on October 21
from those residents not wishing to continue. The City would
clean them and make them available for other city residents.
Under this alternative, the City would rent the carts to
residents for $1.00 a month for the 65 -gallon and $1.25 a
month for the 95 -gallon cart. This bill would be placed on
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the utility billing system and billed on a quarterly basis.
These rates allow the City to recapture the cost of the cart
within 43 to 54 months and provide a full parts warranty or
replacement. The rental system is preferred, as carts could
be kept in a good state of repair, and the City could easier
make changes in the system as the cart owner. Also, not every
resident wishes to own a cart, especially rental housing
units.
Clint Herbst stated that he would prefer that the city
residents have the option to buy or rent a cart.
A representative from Zarn, manufacturer of the carts, noted
that carts need to be owned by the City or the hauler. If the
residents own the cart, then there is less likelihood that
they will be adequately maintained over the long haul.
Brad Fyle noted that the City is moving toward total
automation of garbage pickup. This program is pushing in the
right direction.
After discussion, a motion was made by Shirley Anderson and
seconded by Brad Fyle to approve a resident optional cart
system for the City authorizing the purchase of the 222 carts
from Zarn at a cost of $11,909. Motion carried unanimously.
8. Consideration of a resolution prohibiting construction of
privately -owned wastewater treatment facilities for multiple
residential developments.
Rick Wolfsteller, City Administrator, reported that the City
Council is being asked to consider adopting a resolution that
clarifies the City's position in regard to allowing or
prohibiting construction or expansion of privately -owned
wastewater treatment facilities that service multiple family
residential developments and/or mobile home park communities.
This issue does not pertain to individual single family
private sewer systems but relates to the development of
wastewater treatment facilities with larger volumes that
require Minnesota Pollution Control Agency disposal system
permits.
Wolfsteller went on to note that by adopting this resolution,
the City Council is clarifying its position that the City will
not support development of a private wastewater system that
requires PCA permits when it is feasible to connect to the
City's system. In taking a firm position on this matter, the
City will provide the Pollution Control Agency with the
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information it needs to act on any requests for development of
private sewer and water systems that might come from area
mobile home parks or other residential developments that might
desire to develop their own on-site system.
After discussion, a motion was made by Shirley Anderson and
seconded by Clint Herbst to adopt a resolution prohibiting
construction of privately -owned wastewater treatment
facilities for multiple or residential developments. Motion
carried unanimously. SEE RESOLUTION 91-35.
9. Consideration of approving plans and specifications and
advertising for bids for traffic signal at the intersection of
County State Aid Highway 75, CSAH 39 East, and CSAH 118.
After discussion, a motion was made by Shirley Anderson and
seconded by Clint Herbst to approve plans and specifications
and advertising for bids for a traffic signal at the
intersection of CSAH 75, CSAH 39 East, and CSAH 118. Included
in the motion is approval of adding street directional signs
at the intersection. Motion carried unanimously.
10. Consideration of appointment of Assistant Liquor Store
Manager.
Joe Hartman and Rick Wolfsteller reviewed the application
process. It was noted that the advertisement for the position
resulted in 31 applications for the job. Eight individuals
were interviewed. Hartman went on to inform Council that
Wanda Goenner is recommended for the position, as her
references were excellent, and all her previous supervisors
recommend her for the position.
After discussion, a motion was made by Shirley Anderson and
seconded by Clint Herbst to appoint Wanda Goenner to the
position of Assistant Liquor Store Manager for Hi -way Liquors.
Motion carried unanimously.
11. Consideration of approving specifications and advertising for
bids for new snowplow truck to replace the 1981 Chevrolet
snowplow truck.
John Simola, Public Works Director, reviewed the need to
replace the 1981 Chevrolet snowplow truck. He noted that at
the last meeting the City Council authorized staff to utilize
the 1981 Chevrolet truck to replace the 1972 International for
the purpose of providing transportation for the sewer jet
machine. Now that this has been completed, the City is one
truck short of the four units that the City has used to plow
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streets since 1978. Simola went on to add that since 1978,
the City has added 8.4 miles of streets and 18 cul-de-sacs.
Even with the additional increase in service area, City staff
has achieved the goal of having the streets cleaned within an
8 -hour period of time.
After discussion, a motion was made by Dan Blonigen and
seconded by Shirley Anderson to approve specifications and
advertising for bids for a new snowplow truck to replace the
1981 Chevrolet snowplow truck. Motion carried unanimously.
Consideration of adopting a resolution authorizing preparation
of Meadow Oak pond outlet feasibility study.
Assistant Administrator O'Neill reported that at the previous
meeting of the City Council, Council considered authorizing a
feasibility study for the purpose of defining the extent of
the problem associated with absence of a storm water outlet to
the Meadow Oak pond and to determine alternative methods for
providing an outlet to the pond.
In response to this request, Council requested that the
property owners affected by the proposed route of the storm
water system be contacted to determine to what extent they
would support placement of the system on their property.
O'Neill reported that John Simola and Rick Wolfsteller have
contacted affected property owners, and all have indicated an
interest in allowing the storm water system to pass through
their property with some conditions.
Clint Herbst asked if ditch 33 remains a possibility for
providing storm water outlet to the Meadow Oak pond. He noted
that perhaps the City could invest money in development of
this ditch rather than installation of a new outlet to the
river.
Pat Sawatzke was in attendance. He noted that under
regulations governing ditch development in counties that
landowners have governed the ditch, there is not much that the
county can do to improve the ditch without a high degree of
support from the local property owners. The county is simply
not capable of legally authorizing improvement of ditch 33.
Council was also informed that the cost to upgrade ditch 33
will cost significantly more than the cost to develop an
alternative outlet to the Meadow Oak pond.
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Brad Fyle stated that he feels that the City is jumping the
gun in completing the feasibility study. He recognizes that
some day we may need an outlet; but to develop a plan at this
time is premature.
Shirley Anderson asked if Briar Oakes creates additional storm
water drainage that needs control, can they be assessed? John
Simola noted that all benefiting property can be assessed.
After discussion, a motion was made by Shirley Anderson and
seconded by Dan Blonigen to adopt a resolution authorizing
preparation of a Meadow Oak pond outlet feasibility study at
an estimated cost of $3,500. Voting in favor: Dan Blonigen,
Clint Herbst, Shirley Anderson, Ken Maus. Opposed: Brad
Fyle. SEE RESOLUTION 91-36.
13. Consideration of a request to amend Section 3-2 B 5 of the
Monticello Zoning Ordinance by replacing the phrase "in the
R-1 (single family residential) and R-2 (single and two-family
residential) districts" with the phrase "all residential
zoning districts."
Assistant Administrator O'Neill informed Council that the
Planning Commission had recommended that Council approve the
proposed ordinance amendment which modifies language recently
adopted that required that a two -car garage (400 sq ft) be
developed with each single family house in the R-1 and R-2
zones. The original amendment is lacking because there is no
reference made in the amendment to the two -car garage in the
PUD or R-3 zones, even though the original intent of the
ordinance amendment was to require garages to be constructed
in these zones as well.
O'Neill reported that the Planning Commission recommended
approval of the amendment based on the finding that it was the
original intent of the ordinance to apply the two -car garage
requirement to all residential zones.
After discussion, a motion was made by Clint Herbst and
seconded by Shirley Anderson to adopt the proposed ordinance
amendment based on the finding that the proposed language is
consistent with the intent and finding established by the
Planning Commission and City Council during previous
consideration of the two -car garage requirement approved in
July of 1991. Motion carried unanimously.
SEE ORDINANCE AMENDMENT NO. 213.
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14. Consideration of authorizing the receptionist to complete
Council minutes under supervision of the Assistant
Administrator.
Administrator Wolfsteller requested that Council consider
allowing the receptionist to complete the Council minutes
under supervision of the Assistant Administrator. Wolfsteller
noted that there will be a slight additional cost associated
with this change, as the receptionist will need to be paid
time -and -a -half for attending the Council meetings.
Ken Maus noted that he appreciates the willingness of the
receptionist to become involved in completion of the meeting
minutes; however, he is not certain that this position should
be completing the meeting minutes in lieu of the Assistant
City Administrator completing the minutes. It was his view
that the task might be more efficiently done by the Executive
Secretary, as she is the person that is responsible for typing
the completed minutes.
After discussion, no action was taken on this matter.
There being no further discussion, the meeting was adjourned.
Jeff O'Neill
Assistant City Administrator
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