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City Council Minutes 03-23-1981MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL March 23, 1951 - 7:30 P.M. Members Present: Arve Grimsmo, Dan Blonigen, Fran Fair, Ken Maus, Phil White. Members Absent: None Citizens Comments - Mr. Romey Brauch, representing the Monticello Country Club, informed the City Council that the Country Club is considering applying for an on -sale liquor license for the Country Club. Mr. Brauch indicated that an on - sale liquor license would be used primarily during the golfing season, or from spring until fall, although it would be used occasionally during the winter months also. Mr. Brauch requested that the Council favorably consider this request at its next regular meeting, at which time a formal request will be made for the issuance of a liquor license. 1. Public Hearing on Cedar Street Storm Sewer and Street Paving from Burlington Northern Railroad Tracks to Termination Point Abutting I-94. John Badalich, City Engineer, reviewed with the Council the feasibility report for improving Cedar Street from Lauring Lane north to Burlington Northern Railroad Tracks with both storm sewer and bituminous surfacing. Mr. Badalich indicated that the primary purpose of the project was for storm sewer improvement required because of the increasing development in the area of Cedar Street and Lauring Lane, which is now seeing the development of a 36 -unit apartment complex and a possible proposed motel. In addition, the feasibility report indicated that storm sewer improvements could be extended from the Intersection of Lauring Lane and Cedar Street southerly to serve the VFW parking lot at an additional cost of $17,400. If this portion of the project was not necessary, the proposed storm sewer improvements to the benefitting property would total $120,240 with the entire cost being assessed. The public hearing was open for comments, and the following were heard: Stuart Hoglund asked if the storm sewer improvement project for this area was really needed now, and also indicated that the VFW Club has solved its drainage problem by draining their runoff water to the intersection of Lauring Lane and Cedar Street. John Badalich, City Engineer, stated that with the apartment complex being developed and with the proposed motel developing, the increased water runoff would be creating a problem down Cedar Street near the Railroad Tracks. He indicated that with this development and others in the future, flooding problems would occur. - 1 - Council Minutes - 3/23/81 Geo. Holthaus also speaking for the VFW Club, asked why the proposed motel site property would benefit just as much from the storm sewer exten- sion, but not have to pay as much. Mr. Hoglund was informed that the storm sewer assessment was based on square footage, and possibly the VFW Club has more square footage than the proposed motel site. Mr. Tim Yogerst, of Cy Reinert Construction Co., developers of the apart- ment complex at the corner of Lauring Lane and Cedar Street, stated that he felt storm sewer improvements may be necessary as more property in this area develops, but felt that at the present time, with only 20% of the area developed, the storm sewer improvements could be delayed for a year or two. Mr. Wilbur Eck informed the Council that he does have a problem with flooding and drainage during the spring and during heavy rainfalls, and he would be in favor of storm sewer to alleviate these problems, but at the proposed assessments, he can't afford the $10,600 to solve his problems. Mr. Eck indicated that in the past,.he has been able to divert the water runoff from flooding his basement at his home by forcing the water. to cross over Cedar Street to the west. Mr. Eck felt that with additional develop- ments that have paved parking lots, the potential flooding problems will be increased in his area, but he is caught in a situation of being unable to afford the large proposed assessments. After hearing no other comments, the public hearing was closed, and a motion was made by Phil White, seconded by Fran Fair to adopt a resolution ordering the City Engineer to prepare plans and specifications for the Cedar Street storm sewer to extend from the Burlington Northern Railroad Tracks to the intersection of Lauring Lane without the extension into the VFW Club pro- perty, and without bituminous surfacing on Cedar Street. Abstaining: Arve Grimsmo; Opposed: Dan Blonigen; In Favor: Phil White, Fran Fair, Ken Maus. It was noted that plans and specifications can be prepared without a 4/5's vote of the City Council, but the actual project to proceed will need a 4/5's vote before construction can take place. (See Resolution 1981 #12). 2. Public Hearing on Improvements to The Meadows Subdivision Plat and West River Street. A petition was received on phase 1 of this project, which called for a portion of The Meadows Subdivision Plat to be serviced with sanitary sewer, watermain, bituminous surfacing, curb & gutter, and storm sewer. The second phase of this project, which was a petition filed by NSP, would call for the improvement of additional portion of The Meadows Subdivision Plat, along with a portion of West River Street, with sanitary sewer, watermain, bituminous surfacing, storm sewer and curb and gutter. John Badalich, City Engineer, reviewed with the Council the feasibility report for improving both The Meadows Subdivision with sewer, water, streets, curb & gutter and storm sewer, and also West River Street with sewer and water and bituminous paving. Included in the feasibility study were costs - 2 - Council Minutes - 3/23/81 for looping the watermain, and by extending the water service across County Road 75 along West River Street and also the extension of the water - main from West River Street through The Meadows Subdivision Plat to complete the looping. If the entire project was completed, the total cost of the improvements was estimted at $399,100. Of this amount, $21,690 would be for the watermain extension across County Road 75 with the proposed assessments broken down as follows against abutting property owners, either for the entire cost of the project and with the watermain crossing over County Road 75 being put on ad valorem: PROPERTY OWNER IF TOTAL PROJECT IF WATERMAIN LOOPING ASSESSED PUT ON AD VALOREM TAXES Northern States Power $ 77,676 $ 67,146 Edgar Klucas 47,800 41,320 Bill Seefeldt 22,022 19,036 Alano Society 12,500 10,806 Mel Wolters 239,102 230,102 TOTAL . . . . . . . . . . . . . $399,100 $377,410 The following comments were heard from the affected property owners con- cerning the improvements: Mr. Albert Meyer, speaking for the Alano Society, indicated that they would be against the proposed improvements, basically because they could not afford the cost of the improvements. Mr. Meyer also indicated that they had recently installed a new septic tank and well, and would not need sewer and water services in the near future. Mr. Ward King, speaking for NSP, explained that they recently petitioned for sewer, water and street improvements because of their proposed train- ing facility that will be located along West River Street. Mr. King indicated that the proposed assessments for the improvements, as indicated in the feasibility report, would be agreeable to NSP and they are in favor of the project. Marilyn Seefeldt, of Electro Industries, indicated they would also be in favor of Sewer and Water and Street improvements to their property, but would like to see a deferrment of the sewer and water assessment if possible. Two other members of the Alano Society also indicated that the sewer and water and street improvements as proposed would be a financial hardship for the Alano Society and that they would not be able to pay the assessments with their limited membership. It was noted that although Edgar Klucas, an abutting property owner along West River Street, and Mel Wolters, developer of The Meadows subdivision plat, were not present at the Council Meeting, Mr. Klucas previously indicated that he was not necessarily opposed to the sewer and water improvements, but would like the assessments deferred until his property is developed. Mr. Wolters originally petitioned for sewer and water and - 3 - Council Minutes - 3/23/81 street improvements to a portion of his Meadows Subdivision, and has previously indicated that if the entire Marvin Elwood Road is improved with sewer, water, curb & gutter and storm sewer, that possibly a portion of his assessments be deferred for approximately one year until he would develop his residential lots. It was noted that if the watermain looping is developed as proposed, an easement would be necessary for the watermain extension from The Meadows Subdivision to West River Street, either from The Meadows property or abutting property owner, Edgar Klucas. Motion was made by Fran Fair, seconded by Dan Blonigen and unanimously carried to adopt a resolution ordering the City Engineer to prepare plans and specifications for the 1981-1 and 1981-2 Improvement Projects, contin- gent upon the necessary easements being obtained first. (See Resolution 1981 #13) . 3. Consideration of Approval of Final Plans and Specifications for the Library. Representatives of the architectural firm of McEnary, Krafft, Birch and Kilgore, reviewed the final plans and specifications for the new library with the Council Members. Items discussed included the energy efficiency of the proposed new lib- rary, and it was noted by the architects that the present plans call for walls to have more insulating value than the ceiling does. It was the consensus of the Council that the architects change the plans and specifications for the library to require that the ceiling insulation obtain approximately a 30R factor, which would be equal or more than the proposed R factor in the walls. Councilman Blonigen indicated he still was not satisfied with the design, size and energy efficiency of the proposed library. Motion was made by Phil White, seconded by Ken Maus to approve the final plans and specifications as presented, provided the R factor in the ceiling can be increased, and to advertise for bids returnable April 23, 1981. Voting in favor: Arve Grimsmo, Fran Fair, Ken Maus, Phil White. Opposed: Dan Blonigen. 4. Consideration of a Proposed Ordinance Amendment Appointing the Planning Commission, Instead of the City Council, as the Board of Adjustment and Appeals on Variances. In an effort to simplify the variance procedures, a proposed ordinance amendment was considered to have the Planning Commission act as the Board of Adjustment and Appeals on Variance Requests. - 4 - Council Minutes - 3/23/81 As a result of a joint meeting held between the Planning Commission and the City Council members, it was the consensus of both commissions to consider an ordinance amendment that would have the following provisions: A. Planning Commission to act as Board of Adjustment and Appeals. B. Public Hearing held at Planning Commission level. C. 4/5's vote of the Planning Commission necessary for approval. D. Appeal could be filed by anyone within five days after the decision of the Planning Commission. E. If the decision of the Planning Commission is appealed, a hearing would be held at the Council level. F. Notice of all public hearings on variances to be held at Planning Commission level would indicate the appeal process and the possi- bility of a public hearing if appealed at the Council level. It was recommended by the City Staff that Item D be changed to allow an appeal to be considered within six (6) days rather than five (5) days, since the Planning Commission usually meets on a Tuesday and fourth and fifth days of an appeal would fall on Saturday and Sunday. This extra day would allow a person until Monday to appeal the variance decision held by the Planning Commission. One concern of the Council was that if a quorum of the Planning Commission is not available at a Planning Commission meeting, additional delays for the applicant could result if the variance request has to come back to the Planning Commission to receive a 4/5's vote. As a result, it was recommended that the Ordinance Amendment include the provision that if a quorum is not present at a Planning Commission meeting, the applicant has the option to bring the variance request directly to the next Council meeting for approval in order to avoid further delays. Motion was made by Ken Maus, seconded by Phil White and unanimously carried to adopt an ordinance amendment appointing the Planning Commission, instead of the City Council, as the Board of Adjustment and Appeals with the above six mentioned provisions, and also to include an additional provision con- cerning Council approval if a quorum is not available at the Planning Commission Meeting. (See Ordinance Amendment 3/23/81 #95) 5. Consideration of Authorizing Removal of Former Bob Dowling Home and Garage. Public Works Director, John Simola, reviewed with the City Council the two offers to date that he has received for the removal of the Bob Dowling home and garage at the future site of the public library. - 5 - Council Minutes - 3/23/81 Mr. Simola indicated that two quotations had been received for the demo- lition and removal of the existing house and garage, one being from S & L Excavating in the amount of $2,500, and another from Brenteson Construction Company in the amount of $2,650. If the City were to demo- lish and remove the home, it was noted that the garage could be sold for approximately $550 with other miscellaneous items in the house being sold for approximately $200, resulting in a new cost to the City of approxi- mately $1,750. The second proposal received has been by an individual to remove the house and garage, at no cost to the City, but requiring that the City fill in the basement, haul the debris, provide insurance, etc. As a result, the City would incur costs for these items in the amount of approximately $650 - $1,000. Mr. Dave Sieverson spoke with the City Council on his offer to purchase the home for $1.00 with the City being responsible for filling in the basement. Mr. Sieverson indicated that himself and a group of people are interested in moving the home to another lot if a suitable site can be located. He indicated that this is their intent at the present time, but if all efforts fail, they would still like to be able to tear down the house for salvage value. Questions were raised by the Council as to whether insurance would be pro- vided for liability coverage by Mr. Sieverson, or whether the City would be responsible for insurance protection, and whether a bond of some sort would be necessary should the City offer the property to Mr. Sieverson. In an effort to provide Mr. Sieverson and his group with more time to locate a suitable site for moving the home to, and to check out insurance costs, etc., this item was tabled.until the next regular council meeting. 6. Consideration of Change Order #5 on the Wastewater Treatment Contract with Paul A. Laurence Company. The purpose of this item was to consider a change order for an additional $819 for replacing unsuitable soil at the relocated Maintenance Building site near the Wastewater Treatment Plant. This Change Order was caused by the fact that the soil boring done in this area did not reflect the unstable material in the area of the newly relocated maintenance building. Motion was made by Phil White, seconded by Fran Fair to approve Change Order #5 with the Paul A. Laurence Company on the Wastewater Treatment Plant project in the amount of $819 for replacing unsuitable soil in the area of the relocated maintenance building. In Favor: Fran Fair, Phil White, Arve Grimsmo, Ken Maus. Opposed: Dan Blonigen. - 6 - Council Minutes - 3/23/81 7. Approval of Bills and Minutes for March, 1981. Motion was made by Fran Fair, seconded by Dan Blonigen and unanimously carried to approve the bills for March 1981, as presented, and the Minutes of the Special Joint Meeting held March 9th and the regular council meeting of March 9th, 1981. 8. Consideration of Installation of Street Light at the Intersection of Washington Street and Territorial Road. John Simola, Public Works Director, informed the Council that a street light at the intersection of Territorial Road and Washington Street could be installed at a monthly cost of $7.10. This street light would help light the intersection of Territorial Road and also provide addi- tional light near the Nursing Home property. Motion was made by Ken Maus, seconded by Fran Fair and unanimously carried to authorize the installation of a street light at Washington Street and Territorial Road at a monthly cost of $7.10. 9. Consideration of Resolution Supporting Legislative Action to Place the Minnesota Department of Emergency Services under Direct Control of the Governor's Office. Loren Klein, Civil Defense Director, requested that the Council adopt a resolution supporting legislative action that would again place the Department of Emergency Services under the direct control of the Governor's Office, rather than under the Department of Public Safety as it exists presently. Mr. Klein noted that the Minnesota Association of Civil Defense Directors unanimously voted at their annual conference to sponsor legislation to re -place the Department of Emergency Services back under the Goxernor's direct control in an effort to eliminate any lag time that may occur if an actual emergency should occur. The Civil Defense Association felt that the Department of Public Safety is primarily a law enforcement, regulatory, or licensing agency, while the Division of Emergency Services is a coordinating, planning and service-oriented agency, and should be under direct control of the governor's office. Motion was made by Dan Blonigen, seconded by Ken Maus and unanimously carried to adopt a resolution as supporting Senate File #541 and the companion bill in the House of Representatives that would place the Department of Emergency Services back under the control of the Governor's Office. (See Resolution 1981 #14.) Mee ng Adjourned. Ri k Wolfste er, Admin. Assistant - 7 -