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City Council Minutes 08-08-1994r~ MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, August 8, 1994 - 7 p.m. Members Present: Brad Fyle, Clint Herbst, Warren Smith, Shirley Anderson Members Absent: None 2. Approval_pf minutes of the regular meeting held July 25, 1994. Shirley Anderson requested that the following statement be added to item #5 on page 2 regarding the variance request made by the SuperAmerica Group: Shirley Anderson stated that the Council should either deny the request or change the ordinance to allow higher signs. Warren Smith noted that he would like the following statement added to #7 regarding tobacco sales: [1 Young also noted that the Hi-Way Liquors establishment did comply with the law and did not sell tobacco products to minors. Jeff O'Neill, Assistant Administrator, reported that he received a fax from the City Attorney stating proposed findings relating to the SuperAmerica pylon sign height variance request, which should be added to the minutes. O'Neill then read the proposed findings. After discussion, a motion was made by Warren Smith and seconded by Shirley Anderson to approve the minutes of the regular meeting held July 25, 1994, with the corrections as noted, including the addition of the findings relating to the SuperAmerica Group as presented. Motion carried unanimously. J 3. Citizens comments/petitions, requests, and complaints. A. Glen Posusta requested clarification on the type of curb required in conjunction with development of Amax Storage buildings. Bret Weiss, City Engineer, explained to Posusta why the B6-12 curb is necessary and noted that if Posusta would like to discuss the necessity of certain design standards, an agenda item should be prepared for Council review at an upcoming meeting. After discussion, Clint Herbst agreed that this should be discussed as a future agenda item. Shirley Anderson requested that Posusta write a letter to the City outlining questions and concerns regarding City site development standards. Page 1 Council Minutes - 8/8/94 B. Rick Busch, a Dillard Avenue resident, presented a petition from Dillard Avenue homeowners against reconstruction of the road and the storm sewer project. He stated they didn't think the road needed replacement at this time and asked that Council review it to see if it's necessary and that residents pay such a large portion of the project. Warren Smith noted that he checked on the condition of Dillard Avenue and was surprised at how bad the surface of the road was. Busch went on to state that there should have been more participation by the Township on this project, as there are only 12 houses on Dillard that are located inside the city limits. He thought there should have been a traffic count to see how much traffic from the city actually uses Dillard. Brad Fyle noted that the Township was notified and declined to participate fully in financing the project. Bret Weiss, City Engineer, noted that the road is about 17 years old and will need replacement relatively soon. He also noted that the proposed roadway assessment is actually less than usual because road surface removal and subgrade expenses were shifted to the storm sewer assessment expense. Busch questioned the amount of the assessment. After discussion, Brad Fyle stated that if the amount comes in quite a bit higher than anticipated, they may want to review it. Corey Hellman, also a resident on Dillard Avenue, stated that the cost of the project should be shared by dividing the total bill evenly among those included in the project. He also agreed with Busch that the road doesn't need replacement at this time. Assistant Administrator Q'Neill offered to meet and discuss the project in more detail with petitioners. Dick Cordes, a Dillard Avenue resident, added that he concurred with the others. He also stated that they don't benefit from the storm sewer and that amount should be charged to the residents who do benefit from it. Brad Fyle explained that there is some benefit, as water runs down from the hill. He noted that everyone has to pay their portion to help make it equal for all. 4. Consideration of appointment to fill vacant Council position. Brad Fyle reported that Council received a letter of interest from Brian Stumpf, a current Planning Commission member, regarding the vacant Page 2 Council Minutes - $/$/94 Council seat. In addition, Fyle noted that he spoke with Dan Blonigen, who is also interested in the appointment. Shirley Anderson stated that she preferred to either leave the seat empty or appoint someone who isn't going to run for election this year. An appointment at this time could provide a big advantage to someone who is planning to run For election this year. She noted that when she spoke with Blonigen, he informed her that he did not plan to run for election. It was her assumption that Brian Stumpf probably would. Warren Smith agreed. After discussion, a motion was made by Clint Herbst and seconded by Shirley Anderson to appoint Dan Blonigen to fill the vacant Council seat until end of 1994. Motion carried unanimously. The City Administrator will notify Blonigen of his appointment beginning with the next Council meeting. 5. Public Hearing=-Consideration of adopting a resolution relating to the modification by the Housing and Redevelopment Authority (HRA) of the Redevelopment Plan for Redevelopment Project No. 1, the modification of the plans for Tax Increment Finance (TIF) Districts. Nos.. 1-1_throu h 1-16, and the establishment of Tax Increment Financing District 1Vo. 1-17 and adoption of its plan (Fay-Mar). Mayor Fyle opened the public hearing. Ollie Koropchak, Economic Development Director, pointed out that the legislature has changed the way the City can recover its cost. The LGA/ HACA lass to the City over the 11-year district is estimated at $58,000, of which the City will be able to recover $40,000. Brad Fyle asked if we had recovered 100% in the past. Koropchak noted that we had. There being no comment from the public, Mayor Fyle closed the public hearing. After discussion, a motion was made by Clint Herbst and seconded by Shirley Anderson to adopt a resolution relating to the modification by the HRA of the Redevelopment Plan relating to Redevelopment Project No. 1, the modification of the TIF Plans relating to TIF Districts Nos. 1-1 through 1-16, and the establishment of TIF District No. 1-17, all located within Redevelopment Project No. 1, and the approval and adoption of the TIF Plans relating thereto. Motion carried unanimously. SEE RESOLUTION 94-2$. Page 3 Council Minutes - 8/8/94 6. Consideration of a royal of the relimina and final tat of the Monticello Commerce Center 2nd Addition. A licant Monticello Industrial Park Inc. Assistant Administrator Q'Neill reported that the Planning Commission recommended approval of the preliminary plat at their August 2 meeting. He reviewed the 3-acre plat and noted that it is a single lot east of the Barger subdivision and includes easements on the perimeter. The sanitary sewer will require separate connection from either the east or west, which the developer will install under City supervision at his cost. After discussion, a motion was made by Shirley Anderson and seconded by Warren Smith to approve the preliminary and final plats as of the Monticello Commerce Center 2nd Addition as presented. Motion carried unanimously. 7. Consideration of approval of the final plat of the Liberty Park commercial subdivision. After discussion, a motion was made by Clint Herbst and seconded by Warren Smith to approve the final plat of the Liberty Park commercial subdivision as presented. Motion carried unanimously. 8. Consideration of application for carnival license. Applicant, Monticello Mall Merchants Association. Brad Fyle noted that this request has come before Council in the past, and the Mall Merchants Association is again asking that the fee be waived. Shirley Anderson asked if the City is protected by the carnival's insurance policy. Administrator Rick Wolfsteller responded that we don't have a surety band, only liability insurance. In the past, the Council has always waived the surety band requirement, the purpose of which is to protect the City if damage is done to public property. After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to approve the issuance of a 5-day carnival license to the Monticello Mall Merchants Association and waive the daily fees by recognizing the Association as a non-profit organization. Motion carried unanimously. 9. Consideration to authorize- the request by Public Resource Group, Inc., to bill additional- time for completion of the CDBG application. T Brad Fyle asked if this request is for additional work to process billing. Ellie Koropchak, Economic Development Director, reviewed the $250,000 Page 4 Council Minutes - 8/8/94 loan for the H-Window expansion project and noted that it took Public Resource Group, Tnc., additional time to complete the added CDBG application process. After discussion, a motion was made by Clint Herbst and seconded by Warren Smith to authorize PRG to bill additional time, not to exceed $750, for the CDBG application contingent upon the award of the $250,000 CDBG to the City of Monticello. Motion carried unanimously. 10. Discuss strategies for removing abandoned vehicles from private Urouerty. Consideration of authorizing legal action to remove abandoned vehicles from Holker pro,~perty. Shirley Anderson asked where the property in question is located. Building Official Gary Anderson reported that a violation is occurring at the Holker property in the area behind the Kens 66 station. Paul Weingarden, City Attorney, explained to Council the problems in handling these types of issues. First, the County does prosecute for criminal matters; however, he felt he would probably be more aggressive than the County, and most cities do have their attorneys handle ordinance violations. Secondly, when the criminal process is used, problems are created for the Courts. Those violators who don't pay the citation can request a jury trial. They usually end up with a petty misdemeanor, which is only a $50 fine; and if they don't pay it, there's nothing you can do. Then the process starts over again. Weingarden went an to explain that the best way to handle these ordinance violations is to get a Court order to remove and sell the vehicle (civil process); however, this can become a little expensive. He recommended that Council authorize him to prosecute or obtain a Court order allowing the City to remove the vehicles. Clint Herbst asked if the prosecution costs can be assessed to the tax rolls. Weingarden explained that some expense might be eligible. For instance, abandoned vehicles could possibly be assessed for the cost of storage, removal, etc., but this would have to done on a case-by-case basis. Clint Herbst asked for an estimate of the processing time for each option. Weingarden replied that it would take approximately 6-8 months to complete the criminal process and 3-6 months for the civil process. Assistant Administrator O'Neill asked Weingarden which is more effective, the criminal process ar the civil process. Weingarden stated he felt the civil process is more effective. Page 5 Council Minutes - $/8/94 After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to authorize the City Attorney to take legal action to remove the vehicles from the Holker property using the civil process. Motion carried unanimously. 11. onsi_ erat~on of an ordinance amendment con,,,,,,,,,,,,,,,,. ' cernin~ allowable uses within the public boulevard. City Administrator Wolfsteller reported that it has been assumed that our ordinance specifies that mailboxes in new subdivisions be of the cluster concept. Changes to our ordinance were made regarding clustering newspaper boxes due to the former Postmaster's efforts to have cluster mailboxes installed in new subdivisions; however, it recently came to staffs attention that the ordinance does not specifically indicate that mailboxes have to be constructed in a cluster but referred only to newspaper boxes. Although this has not presented a problem in the past, because the new Monticello Postmaster has indicated that the Postal Service will no longer be providing the boxes for new subdivisions as was done under the former Postmaster, it is recommended that Council adopt an ordinance amendment requiring that mailboxes in new subdivisions be of the cluster concept to correspond with the existing requirement that advertising tubes be clustered. Clint Herbst suggested that everyone should pay their share of the box. Wolfsteller noted that it is proposed that developers pay for the boxes, but this was not included in past development agreements because the Post Office provided the boxes. The ordinance amendment is needed to ensure that future subdivisions include cluster mailboxes. After discussion, a motion was made by Warren Smith and seconded by Shirley Anderson to adopt the ordinance amendment as proposed requiring new subdivisions to utilize cluster mailboxes only. Motion carried unanimously. SEE ORDINANCE AMENDMENT NO. 254. 12. Consideration,of finishing.restroom in the deputy registrar remodel project. Clint Herbst asked if the quotes presented include bathroom fixtures. Building Official Gary Anderson responded that fixtures are included in the quoted price. Herbst stated that he felt the restroom should be roughed-in only, as a prospective tenant could finish it in the future. Brad Fyle disagreed. He noted it will be easier to rent the space if a restroom exists. Herbst agreed but noted it could be finished at the time the space is leased. Page 6 Council Minutes - 8/8/94 Roger Mack, StreetJPark Superintendent, reported that if the restroom is not finished at this time, it will cost $500 to install a door leading to the existing restroom in the Help Center versus the $982.17 to finish the proposed restroom at this time. After discussion, a motion was made by Warren Smith and seconded by Shirley Anderson to approve the request to complete the restroom in the motor vehicle office at a cost not to exceed $982.17. Voting in favor: Warren Smith, Shirley Anderson, Brad Fyle. Opposed: Clint Herbst. Herbst felt that the restroom should be finished in the future since there is a restroom in the Help Center that is available to the motor vehicle staff. At this time, Gary Anderson, Building Official, updated the Council on the progress of the remodeling and the schedule for completion. He noted staffs appreciation that the contractors were able to begin the remodeling on such short native. 13. Consideration of apuointin~iud~es for the 1994 primary and general elections. After discussion, a motion was made by Warren Smith and seconded by Clint Herbst to appoint the following individuals as judges for the 1994 elections: Yvonne Smith Joanne Link Jeanette Host Betty Lund Florence Mayer Leona HIine opal Stokes Lucille Clausen Rita Soltau Robert Rohland Robert C. Nelson Shirley Maus Gloria Gasser Bette Grossnickle Rosemary Dahl Motion carried unanimously. 14. ether matters. A. City Attorney Paul Weingarden distributed to Council members a memo regarding the newly enacted law prohibiting gifts tv public officials and explained how this new law applies to Council and City staff B. Mayor Fyle noted there were updates included in the packet regarding the Hornig project in Country Club Manor, the jab description change for the full-time deputy registrar position, and Page 7 Council Minutes - 8/8/94 proposed building permit fee adjustments, and asked if there was any discussion regarding these items. Shirley Anderson suggested that the building permit fees be discussed as an agenda item at a future Council meeting. Fyle agreed and noted that when all the survey information is available, the building permit fee item will be discussed as an agenda item. C. Clint Herbst asked where the Eastwood Knoll project stands, as he had been contacted by a realtor who wondered if he would receive a commission if he helps to push the sale of this property. Administrator Wolfsteller noted that it is assumed that if a realtor sells a parcel they will receive a commission, but it probably won't be ready by this fall. Prices still need to be established. Shirley Anderson stated that if a realtor sells the property, the City needs to make sure the purchase price is adequate to get its money back plus pay the realtor's fee. She agreed to let realtors try and sell the property. Brad Fyle and Clint Herbst also agreed but only after the plans are finished and bid factors are in. Wolfsteller suggested that . the City somehow make the property available to all realtors to try and sell, and asked if the Council is interested in pre-sales. Bret Weiss, City Engineer, reported that he recently spoke with Tony Emmerich. Weiss noted that Emmerich is still interested in swapping the Eastwood Knoll land for industrial land and that he will be getting some numbers together for Council. Wolfsteller asked Council if they want OSM to finish preparing the plans and specifications. Brad Fyle noted he would like to see the project started in the spring of 1995. Wolfsteller stated he will bring the item back to Council at a later date. C. City Engineer Bret Weiss reported that there has been a change in the Gillard Avenue/Meadow Oak storm sewer project plan to trade assessment costs for Grassing the Bauer's property. Using the assessment rates that have been discussed, the Bauers would obtain $31,000 for the City's right to cross their property; however, the Bauers now would like the City to purchase 9 acres at $4,500 per acre and will pay the assessment in the future when the property is developed rather than trade City access to their property for an assessment abatement as previously discussed. He noted that the City Administrator has contacted appraisers to look at the proposal, but it could be a stumbling block for the project, including some extra Page 8 Council Minutes - 8/8/94 costs. More information will be provided at the next Council meeting. Weiss added that $4,500 per acre seems out of line and that it should be $3,000 per acre at the most. Brad Fyle asked if Bauers were losing more land due to this project than would otherwise have been lost to wetlands. Weiss responded that they would not have lost more land. They now realize they have a 3-acre wetland and are concerned about liability. Consequently, they now want to sell the whole thing rather than receive assessment credits. D. Gary Anderson, Building Official, reported on the progress of the Dille property project. He noted the building has been demolished, sail excavation has been done in the back, which has been noted to be within PCA limits, and bids are due back August 18 for tank removal. The County has been notified of our findings, and they may consider selling the property in the future. There being no further discussion, the meeting was adjourned. ',,';. C ~,, Kar Doty Office Manager Page 9