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City Council Minutes 05-23-1994MnvUTEs REGULAR MEETING - MONTICELLO CITY COUNCIL Monday,lV~ay 23, 1994 - ? p.m. Members Present: Shirley Anderson, Clint Herbst, Patty Olsen, Warren Smith, Brad Fyle Members Absent: None. 2. Consideration of a roval of minutes of the re lar meetin held Ma 9 1994. Shirley Anderson requested that item #10 be amended to include the City Attorney's opinion with regard to the conflict of interest question pertaining to Cauncilmember Olsen's vote on the Emmerich/HIein rezoning comprehensive plan amendment request. Rick Wolfsteller requested that it be noted that a third proposal was submitted by Vic Hellman to purchase and develop Outlots C and D. This proposal arrived three days after the submittal date requirement and offered less cash per acre than the two other proposals. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to approve the meeting minutes as updated. Motion carried unanimously. 3. Citizens comments/ etitians re nests and cam laints. A. Representatives from the Senior Citizens Board were present to personally thank the City Council, for supporting the Senior Center remodeling project. It was noted that the project has resulted in improved lighting, better ventilation through installation of windows, and greatly improved bathroom facilities. The Senior Citizens Board invited the City Council and staff to an open house scheduled for June 7 from 5 p.m, to 7:30 p.m. B. The City Assessor was present to identify adjustments to market values of six properties arising from the recent Board of Review meeting. The adjustments are as follows: [] 155-012-001050 1994 EMV $96,100 155-ols-oooolo 1994 EMV $79,600 Richard Tigue Reduced to $92,900 Douglas Stokes Reduced to $74,000 Page 1 Council Minutes - 5/23/94 155-010-057100 1994 EMV $54,500 D. Pitt Reduced to $42,400 155-010-058010 1994 EMV $115,300 155-044-004120 1994 EMV $123,700 155-015-011030 1994 EMV $83,900 Roman Brauch Reduced to $112,400 Michael Beck NO CHANGE Frederick Hickman Reduced to $70,600 After discussion, a motion was made by Clint Herbst and seconded by Patty Olsen to accept the report provided by the City Assessor. Motion carried unanimously. r-- ~. C. Clint Herbst mentioned that he had received a few calls regarding the Emmerich/Klein zoning ordinance amendment and comprehensive plan adjustments approved at the previous meeting. The calls pertained to a perceived conflict of interest for Councilmember Olsen. Herbst noted that the best way to run government is to keep it up on the table. He suggested that the City Council refer the conflict of interest question to the Attorney General. Herbst went on to make a motion to submit information regarding the case as presented to the Attorney General for an opinion. Patty Olsen seconded the motion and noted that she was comfortable that she was within her rights to vote on the issue without violating conflict of interest statutes. She would welcome an Attorney General's opinion if this is what it takes to clear the air. Warren Smith noted that he does not object to submitting the question to the Attorney General; however, he felt the City Attorney did a thorough jab of reviewing the situation and that, therefore, referral of the matter to the Attorney General is highly unnecessary. Patty Olsen then withdrew her second of the motion because the motion concerned her directly. The motion was then seconded by Shirley Anderson. Voting in favor of the motion: Brad Fyle, Shirley Anderson, Clint Herbst, Warren Smith. Abstaining: Patty Olsen. 4. Public Hearing--Consideration of a resolution vacating a~artion of undevelo ed 7th Street. Petitioner Cit of Monticello. Rick Wolfsteller noted that at the previous meeting, Council granted preliminary approval of the concept of selling a remnant portion of the 7th Street right-of--way that was isolated when 7th Street was realigned in Page 2 Council Minutes - 5/23/94 conjunction with development of 7th Street west of Locust. Wolfsteller noted that in order for the City to convey the remnant parcel to Land Projects Partnership, the remnant portion of 7th Street must be formally vacated. Brad Fyle opened the public hearing. There being no comments from the public, the hearing was closed. After discussion, a motion was made by Shirley Anderson and seconded by Warren Smith to vacate the portion of 7th Street lying west of Locust and agree to accept the offer of $18,000 for the parcel from Land Projects Partnership. Matian carried unanimously. SEE RESOLUTION 94-16. 5. Consideration of a conditional use ermit allowin a church facilit to operate in an R-]. zone. Applicant, A Glorious.Church. Assistant Administrator O'Neill informed City Council that A Glorious Church requests that Council grant a conditional use permit allowing a church facility to develop in an R-1 zone. The request is nearly identical to the request approved by the City Council on November 13, 1990. O'Neill noted that the only aspect of the site plan proposal for the facility that has changed since the previous approval is a request that installation of parking and landscaping be deferred one construction season subsequent to the season in which the church facility is built. O'Neill noted that the Planning Commission recommended approval of the conditional use permit request as requested. It was their view that this precedent allowing deferral of parking and landscaping is acceptable because it is limited to church facilities in R-1 zones and does not apply to other institutional and commercial developments in other zoning districts. Warren Smith noted that the City loses its leverage to require parking lot and landscaping improvements ante an occupancy permit is granted. Dan Gassier recognized Smith's concern but noted that his congregation has had success with its fund raising relating to development of the church. It has paid off the cost of the property and associated assessments and is now in position to develop the facility. Gassier expressed his confidence that funds will be available to complete the parking lot and landscaping within the requirements of the conditional use permit as proposed by the Planning Commission. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to approve the conditional use permit request as recommended by the Planning Commission with the additional requirement that an easement be provided to convey storm water from the south edge of the Page 3 Council Minutes - 5/23/94 property to the County Road 39 ditch system. The precise location of the easement is to be defined jointly by City staff and church representatives. Motion carried unanimously. 6. Consideration of a variance re uest which would allow lacement of a si on a ublic ri ht-of wa A licant Monticello-Bi Lake Hos ital District. Assistant Administrator O'Neill informed Council that the Monticello-Big Lake Hospital District requests permission to place a pylon sign near the canopy serving the new Hospital District clinic addition. The variance is needed because a sign at the proposed location would place it in the green area of Hart Boulevard. Under normal circumstances, there would be little chance for approval of this request; however, this situation is unique because the location proposed for the sign is in an area that is proposed to be vacated at some point in the future under the plan reviewed and approved jointly by the City and the Hospital District. After discussion, a motion was made by Shirley Anderson and seconded by Warren Smith to grant a variance allowing placement of a sign an a public right-of--way based on the likelihood that Hart Boulevard will be vacated in the near future. The variance is contingent on the fallowing: 1. The Hospital District shall enter into an agreement with the City indemnifying the City of any liabilities associated with placement of the sign in the boulevard. The agreement must also state that the sign will be removed by the Hospital District in the event that the street vacation does not occur within the time frame identified under condition #2. 2. The Hospital District must execute the redevelopment of their parking lot and the associated street vacation process must be completed within one year after CSAH 75 is upgraded to a four-lane highway. Motion carried unanimously. 7. Consideration of allowin Count Club Manor ballfield to be reserved for structured uractices by~outh teams. Assistant Administrator O'Neill informed Council that the City had received some complaints from same residents adjoining Country Club Manor regarding the use of the Country Club Manor Park by a youth ball team for practice. O'Neill noted that a current policy exists that does not allow structured games scheduled through organized leagues to be played at the Gauntry Club Manor Park. This rule was established because the park is an isolated facility imbedded in the back yards of a number of homes. Page 4 Council Minutes - 5/23/94 Structured games bring people from outside the neighborhood, which results in on-street parking affecting traffic safety in the neighborhood and livability of residences in the area. Council was asked to consider whether or not it is appropriate to allow the field to be reserved for structured practices by youth teams from outside the neighborhood. Clint Herbst stated that allowing reserved use of the fields would be way off base. He noted that every field in the city would then be taken by teams reserving them far practice. Herbst concurred with the Parks Commission recommendation, which supported use of the field by any individuals or organizations on a first-come, first-serve basis. Brad Fyle noted that Country Club Manor Park is a public park that all citizens of the community should have access to. John Simola outlined the organizational problems faced by organized teams when not allowed to reserve a field for structured practice. In outlining the problem, he described a situation where parents drop children off at a field for structured practice at a certain time only to find that the field is occupied by three or four neighborhood children. The practice at that paint either needs to be rescheduled or delayed until the children currently using the field leave the premises. After discussion, it was the consensus of Council to authorize staff to check with other cities an their policies regarding reservation of ballfields. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to adopt the Parks Commission recommendation which in summary allows the field to be used on a first-come, first-serve basis. Voting in favor: Shirley Anderson, Clint Herbst, Brad Fyle. Opposed: Warren Smith and Patty Olsen. Smith and Olsen felt that it would make sense to allow reserved use of the fields on a limited basis for structured practice. $. Consideration of amendment to Section 3-4 G of the zonin ordinance that further defines the minimum floor area re uirements for various st les of single family residential structures. Assistant Administrator O'Neill informed Council that this item has been submitted by the Planning Commission but originated from a request made by the Value Plus Homes developers. The proposed ordinance would allow a wider array of styles of single family housing through modification of regulations controlling square foot minimums for the second story of residences. O'Neill noted that under the current city ordinance, development of a second story living space is limited to 750 sq ft. O'Neill reported that Value Plus Homes showed the Planning Commission a Page 5 Council Minutes - 5/23/94 number of attractive housing styles that include a second story with a floor area less than the minimum currently allowed by ordinance. Planning Commission concurred with Value Plus' argument that the current ordinance is unreasonable because it somewhat arbitrarily eliminates housing designs that are very livable. After discussion, a motion was made by Patty Olsen and seconded by Shirley Anderson to adopt the ordinance amendment based on the finding that the proposed amendment will allow for a wider variety of housing styles and theme is a demonstrated need far this flexibility. The amendment is consistent with the comprehensive plan, consistent with the geography and character of the area, and the amendment will not result in a decrease in property values. Motion carried unanimously. SEE ORDINANCE AMENDMENT NO. 251. 9. Review of bids and consideration of award for Pro'ect 93-04C Phase II of the Public Works Department Expansion and. Renovation. John Simola, Public Works Director, reported that bids were taken for phase II of the public works facility expansion and renovation on Thursday, May 19, 1994. Simola noted that, unfortunately, the lowest bid for the project as designed came in at $396,000, which places the project over budget by $149,000. Simola went on to explain possible reasons for the bids being so much higher than expected. One reason is accuracy of the estimates, and the other is the current bidding climate. Currently, there are a significant number of building projects being bid, many larger and many less complex. The City only had five general contractors holding plans, and the project only attracted three bids. After discussion, a motion was made by Shirley Anderson and seconded by Warren Smith to reject the bids far the public works facility and direct the City Engineer and building committee to revise plans and specifications where possible to cut costs and develop a recommendation to the City Council with regard to rebidding the project at a later date. Motion carried unanimously. 10. Consideration of re oration of lane ands ecifications for ditch adin in the Meadows subdivision. John Simola, Public Works Director, described storm water drainage problems resulting from a grading plan that was not completed. Simola went on to outline the passible methods for correcting the problem and Page 6 Council Minutes - 5/23/94 estimated the cost in the amount of $7,000 to $10,000. Simola noted that the problem resulted from poor follow-up an developer grading requirements. After discussion, a motion was made by Clint Herbst and seconded by Brad Fyle to authorize a feasibility study and obtain quotes an a cost to complete the project. If the lowest quote comes in at a price less than $10,000, City staff is authorized to complete the project with the entire cast funded by the City. Motion carried unanimously. 11. Consideration of authorizin a feasibilit stud for storm water imuravements - Outlot A, Country .Club Manor. Assistant Administrator O'Neill reported that in conjunction with development of Outlot A of Country Club Manor, it is necessary that the City construct a storm water pond necessary to manage run-off coming from Outlot A and from other land area in the vicinity. In order for the design phase of development of Outlot A to proceed, it is necessary that a feasibility study be prepared which would specify the size and proper design of the pond needed on the property. Once the design parameters of the pond are understood, then the developer can move forward on the design phase. After discussion, a motion was made by Shirley Anderson and seconded by Patty Olsen to authorize the feasibility study as requested with the scope of the study to include an analysis of Outlot A and the general watershed that Outlat A is located within at a cost not to exceed $3,000. Motion carried unanimously. 12. Consideration of a resolution settin a ublic hearin for the Meadow Oak trunk storm sewer extension. John Simola, Public Works Director, reported that on January 25, 1993, Council reviewed a feasibility study far the construction of a Meadow Oak pond outlet. The feasibility study outlined four alternatives for the construction of the trunk storm sewer. Council had authorized further study of alternative B, which runs the storm sewer through the Rod Norell property at a cast of $254,000, and alternative D, which runs the storm sewer down the center line of Gillard to the Mississippi River at an estimated cost of $290,000. Simola reported that the staff has met with property owners affected, the Monticello Township Board regarding redevelopment of Gillard Avenue, and has spoken with Rod Norell about the possibility of extending the trunk storm sewer through his property. Norell indicated that he is not interested in having the storm sewer extended Page 7 Council Minutes - 5/23/94 through is property at this time. Staff also discussed the matter with Gene Bauer. Based upon the discussions, it appears that alternative D (Gillard ) is the best alternative. After discussion, a motion was made by Clint Herbst and secanded by Patty Olsen to adopt a resolution ordering a public hearing on the proposed Meadow Oak trunk storm sewer extension using alternative D at an estimated cost of $290,000. The public hearing is to be scheduled for June 13, 1994, at 7 p.m. Motion carried unanimously. SEE RESOLUTION 94-17. 13. Consideration of review of bids for su lemental contract mowin operation_ _s. Jahn Simola, Public Works Director, reviewed the bids far supplemental contract mowing operations. In his review he noted that John Lukach is currently responsible for much of the mowing that could be done under this contract. Currently, Lukach has to work aver 40 hours per week in order to keep up with mowing that must be done. The higher summer hours offset lower winter hours. After discussion, a motion was made by Warren Smith and seconded by Brad Fyle to authorize the Park Superintendent to supplement mowing done by John Lukach to the extent that it reduces hours to 40 hours per week. Supplemental mowing to be completed by Quality Lawn Maintenance. Motion includes a request to submit a monthly report on the use of contract services for mowing. Voting in favor of the motion: Warren Smith, Brad Fyle, Shirley Anderson, Patty Olsen. Opposed: Clint Herbst. Clint Herbst requested that the public works department look at making John Lukach afull-time employee. 14. Consideration of a re uest for cone-da 3.2 beer license far the Jul Riverfest Celebration. After discussion, a motion was made by Shirley Anderson and secanded by Warren Smith to approve the request for the 3.2 beer license as submitted. Voting in favor: Shirley Anderson, Warren Smith, Patty Olsen, Brad Fyle. Abstaining: Clint Herbst. 15. Consideration of bills for the month of Ma . After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to pay bills as submitted. Motion carried unanimously. Page 8 Council Minutes - 5/23/94 16. Other matters. A. Discussion following up on the special meeting conducted immediately prior to the Council meeting ensued. Tt was the consensus of Council that City staff should move forward on the issues relating to city hall staffing. Staff was authorized to prepare alternatives for City Council review. Council reviewed a staff proposal at a previous meeting to hire Paul Waldron Ltd. for building inspection contract services. O'Neill noted that additional research shows that the hourly rate proposed by Waldron ($24/hr) is less than the rate charged by the City of Elk River ($30/hr). Furthermore, Waldron's rate includes all costs associated with insurance, transportation, etc. O'Neill reiterated that utilization of a private firm to assist with peak summer work load is a good short-term solution to the problem and will buy us time to analyze the beat way to organize and staff the building inspection department. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to hire Paul Waldron Ltd. under the conditions as outlined in Waldron's letter to the City dated May 4, 1994. Motion carried unanimously. Ollie Koropchak reported an her work activities. She noted that her work load has been impacted by the success of the industrial development efforts in the community. A major portion of her time is spent following through on important project details from the time that an industrial prospect commits to coming to Monticello through to occupancy of the new structure. B. John Simola requested guidance from Council regarding hiring of summer employees that are relatives or children of city employees. After discussion, a motion was made by Clint Herbst and seconded by Brad Fyle to allow children of city employees to be hired as summer workers as long as said employees are qualified for the position. There being no further discussion, the meeting was adjourned. ~ w Jeff O' eill Assistant Administrator Page 9