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City Council Minutes 06-14-1982MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL June 14, 1982 - 7:30 P.M. Members Present: Arve Grimsmo, Fran Fair, Phil White, Ken Maus, Dan Blonigen. Members Absent: None. I. Call To Order. A. Approval of the Minutes. A motion was made by Blonigen, seconded by White and unanimously carried to approve the minutes of the regular meeting held on May 24, 1982 as presented. II. Public Hearing A. Informational Hearing on Burlington Northern Railroad's Intent to Abandon the Rogers to Monticello Line. Previously, the Burlington Northern Railroad filed a Notice of Intent to abandon the Rogers to Monticello Railroad line with the Minnesota Department of Trans- portation and Interstate Commerce Commission. Mr. Dennis McLeod, the branch line manager for BNRR, and Mr. Isaac McCrary, Jr. with the Minnesota Department of Transpor- tation and State Representative, Bob McEachern, were in attendance at the meeting to hear opposing and supporting positions regarding the abandonment. Mr. McLeod of the BNRR reviewed with the public the pro- cedures already taken by the railroad to abandon the line. He had indicated that a notice was sent to all shippers of the intent to abandon, and that a formal application to abandon has been submitted to the ICC and the Yin'DOT. The commission has 45 days to review any complaints from affect- ed shippers, etc. and to determine if the abandonment can proceed which is usually based on financial considerations documentated by the railroad as to whether they are losing money, etc. Currently, the BNRR considers this segment of the railroad line unprofitable, even without considering potential rehabilitation costs for upgrading the line. Mr. McLeod noted that only 80 to 90 cars a year are using the line resulting in losses exceeding $14,000 in 1981. - 1 - Council Minutes - 6/14/82 Mr. Isaac McCrary, Jr. of MnDOT also noted that their depart- ment's analysis shows that the car useage would have to quad- ruple to make the line profitable for BNRR. State Representative Bob McEachern indicated that in his opinion, the potential on this line in the future has not been considered by BNRR and that in the future when the economy picks up, a community such as Monticello, Albertville, St. Michael and Rogers will have additional industry expansion which could make this line profitable for BNRR. In addition, McEachern noted that the potential use of this railroad line could be for a commuter type line between St. Cloud and Minn- eapolis and felt that Burlington Northern Railroad should not be allowed to abandon the line or tear up the tracks. Local area shippers and users of the railroad line were present to speak in opposition to the proposed abandonment. Comments were heard from Mr. Don Anundsen of the Albertville Trust Company who noted that his firm now gets approximately 25 cars a year but expects to double its useage in the next few years. Mr. Leon Eliason of NSP noted that the nuclear plant in Monticello sometimes requires shipments by rail that are too large to be shipped by other means. In addition, he noted that as far as he could tell, no survey was done with NSP regarding potential future uses of the line in regard to shipping and felt this should have been done before abandonment proceeded. Mr. Greg Dahlheimer of Dahlheimer Distributing, Monticello, indicated that the railroad was one of the prime reasons they moved to Monticello and that they presently in 1981 used 22 cars for shipping empty beer cases directly to the breweries and expect almost 70 cars to be used in 1982. Also speaking in opposition were Mr. Ted Barthel of Albertville and Mr. Gary Buyer, the Albertville City Attorney. Mr. Buyer noted that just recently the City of Albertville spent over $47,000 for crossing improvements during 1979 and 1980 and BNRR never indicated any intent to abandon the line at that time. Mr. Dick Osowski, local fertilizer dealer, indicated that rail- road shipping of his supplies is a necessity which might entail moving his company to a different location if the rail service is abandoned. Bruce Gagnelius, representing the Monticello Business and Industrial Development Committee, indicated that many businesses looking at Monticello for future expansion have indicated a need for rail service. - 2 - Council Minutes - 6/14/82 Mr. McLeod of the Burlington Northern Railroad indicated that it was his opinion the railroad would continue the abandon- ment process now that it started, but the possibility does exist for continued service if the line does prove to be profitable in the very near future. After the informational meeting was closed, a motion was made by White, seconded by Blonigen and unanimously carried to go on record adopting a resolution opposing the proposed abandonment of the railroad from Rogers to Monticello by Burlington Northern Railroad Company. (See Resolution 1982 #41). III. Unfinished Business. A. Consideration of Feasibility Report Relating to the Improve- ment of 7th Street. John Badalich, City Engineer, reviewed with the Council the the feasibility report regarding the improvement of 7th St. between Hwy 25 and Cedar Street with curb, gutter and black top. Mr. Badalich recommended that the road width be 40 feet wide, off set approximately 4 feet to the south of center line which would result in a 6 foot shoulder on the north side of the street and a 3 foot high retaining wall. A retaining wall would be necessary due to the close proximity to the cemetery property and it has been estimated that de- pending on the type of retaining wall, the cost could range from $7500.00 to over $19,000.00. The alternates for the retaining wall consist of timber at a low price of $7500.00 up to a poured concrete wall at approximately $19,000.00. The estimated cost of the project using a timber wall valued at $7500.00 was estimated to be $43,490.00 plus 22% indirect cost for a total of $53,060.00. A petition by both abutting property owners, Perkin's Rest- aurant and W.J. Murphy, owner of the proposed motel,recently signed a petition for the improvements. A motion was made by White, seconded by Maus and unanimously carried to adopt a resolution declaring adequacy of petition and ordering preparation of feasibility report. A motion was also made by White, seconded by Maus and unanimously carried to adopt a resolution ordering improvement of 7th St. between Hwy 25 and Cedar Street to be known. as Project 82-1 and prep- aration of plans and specifications. - 3 - Council Minutes - 6/14/82 A motion was also made by White, seconded by Maus and unani- mously carried to approve the plans and specifications as presented and ordering advertisement for bids on the 82-1 Project with a retaining wall to be bid as alternates for a Lannon stone (limestone wall) and timber construction. The bids would be returnable on Thursday, July 8th, 1982 at 10:00 A.M. (See Resolutions 1982-#42, #43 and #44). B. Consideration of Comments from Property Owners Affected by the Recent Lift Station Failure. On Thursday, May 27th, 1982, a power failure occurred at the lift station in Bridge Park causing a back of wastewater into several property owner's basements along Front Street. The property owners affected by the back up were at the Council meeting to express their concerns over the recent failure and inquired as to what the City of Monticello could do to prevent future occurrences and also whether the City's insurance company would be liable for the claims. John Simola, Public Works Director, gave a brief summary of the pump failure and noted that our insurance company has been notified but is not certain whether the claims will be paid unless the City can be shown to be negligent. As noted during previous sewer back ups over the years, it was rec- ommended that all residents install a back water valve in their sewer lines which would prevent most flooding of base- ments should a lift station fail in the future. It was also the recommendation of the public works director to purchase a portable gas powered pump which could be used in cases of emergency at all city lift stations. The cost estimate for converting the present lift stations to accomodate a portable pump and the purchase of a portable pump could be as high as $5,000 to $10,000. Property owners in attendance asked if the City would be installing these valves in the individual homes due to the possible large cost involved, but were informed that it is the responsibility of the property owners to individually install the back water valves. It was the concensus of the Council to have the City help the people locate proper spots for installing the valves and to help process insur- ance claims. In addition, the public works director was informed to pursue the purchase of a portable pump that could be used at all city lift stations should a failure of any kind occur at a lift station. - 4 - Council Minutes - 6/14/82 IV. New Business. A. Consideration and Review of 1981 Audit Report. Mr. Rick Borden of Gruys, Johnson and Associates, reviewed and presented to the Council a summary of the audit report recently completed by their firm for the year 1981. Mr. Borden noted that due to a change in the recommended pro- cedures and report detail recommended by the State Auditor's office, the City's report is approximately 20 pages longer than previous years. Mr. Borden noted that the City is in basically, a sound financial position and felt that the present accounting system is very adequate. A motion was made by Fair, seconded by White and unanimous- ly carried to accept the 1981 audit report as presented. B. Consideration of Approval of Intoxicating Liquor, Non -In- toxicating Malt Liquor, Club Liquor and Set-up Licenses. A motion was made by Blonigen, seconded by White and unani- mously carried to approve the issuance and renewal effect- ive July 1, 1982 of all of the following classes of lic- enses: 1. Intoxicating Liquor License, on -sale (Fee $3,000,00). a. Monticello Liquors, Inc. b. Silver Fox Motel. c. Wayside Inn. d. Joyner's Lanes. 2. Intoxicating Liquor, on -,sale, Sunday (Fee $100.00). a. Monticello Liquors, Inc. b. Silver Fox Motel. c. Wayside Inn. d. Joyner's Lanes. 3. Non -Intoxicating Malt Liquor, on -sale (Fee $220.00). a. Friend's Cafe. b. Monticello Rod & Gun Club. C. Pizza Factory. d. Monticello Country Club (New License). - 5 - Council Minutes - 6/14/82 4. Non -Intoxicating Malt Liquor, off -sale (Fee $33.00) . a. Monticello Liquors, Inc. b. Ernie's Bait Shop. c. Wayne's Red Owl. d. Maus Foods. e. River Terrace Trailer Park Store. f. Tom Thumb Superette. g. Wayside Inn. h. Holiday Station. 5. Set -Up License (Fee $220.00). a. Monticello Country Club. b. Monticello Rod & Gun Club. 6. Club Liquor License (Fee $220.00). a. American Legion Club. b. V.F.W. Club. C. Consideration of Granting a Temporary 3.2 Beer License to the Monticello Lion's Club for the 4th of July Celebration. The Lion's Club recently requested a renewal of their annual 4th of July one day 3.2 beer license to be used in Ellison Park as part of the celebration. Mr. Mark Irmiter and Jim Krueger, representing the Lion's Club, were present at the meeting to answer any questions regarding the license. Rev. Steve Hammer of the Christian & Missionary Alliance Church was present at the meeting to express opposition to the issuance of a beer license to the Lion's Club as he felt that this type of family event should not have beer available. Although Rev. Hammer's concerns were noted, it was the con - census of the Council that a single organization such as the Lion's Club should not be singled out to deny a license but rather the entire ordinance regarding issuance of tem- porary licenses to possible family orientated events be considered in the future. Therefore, a motion was made by Bloni,gen, seconded by White and unanimously carried to approve the issuance of a temporary 3.2 beer license to the Monticello Lion's Club for the 4th of July celebration. - 6 - Council Minutes - 6/14/82 D. Consideration of Lifting Restrictive Covenant Related to Parking for "Pizza Factory". Previously, when the Pizza Factory was located in the new building owned by Sam Peraro at the corner of Broadway and Hwy 25, a restrictive covenant was placed on the build- ing prohibiting their -operations during a normal business day until 4:00 in the afternoon because of a limited amount of parking space available. Mr. Ekegren of the Pizza Factory requested that the covenant be lifted so that they may open and operate during the lunch hour on a temporary basis during the summer months. It was Mr. Ekegren's con- tention that with the development of a commuter parking lot, many parking spaces have been opened up in the downtown parking lots, especially adjacent to the Security Federal building and that his lunch business would not create any significant congestion. In addition, it was his opinion that many of their potential customers would be downtown business people that would possibly walk to their restaurant and would not require parking accommodations. It was the concensus of the Council that this item be tabled until the next regular council meeting to enable the down- town retail parking committee to have an opportunity to review and report back to the Council on their recommendations regarding the request. It was noted that the building in which the Pizza Factory is located will be assessed for the downtown parking lots starting in 1983 and this information will be provided to the downtown retailer parking committee. It was also noted that the Security Federal Savings & Loan will also be contacted regarding whether problems have arisen in the past regarding parking on their property for the rest- aurant and as to what opinion they have regarding the opening for lunch business. E. & F. Consideration of Resolutions Placing a Moratorium on Manu- factured Housing and a Moratorium on Additional Planned Unit Developments. Recently, the Minnesota Legislature has pointed out that manufactured housing can no longer be kept out of residential dwelling zones for the simple reason that they are manufactured houses. As a result of this recent legislation, the City of Monticello is working with its consulting planner, Howard Dahlgren & Associates in preparing new requirements for manu- factured housing that will in effect, still place certain requirements on their placement. - 7 - Council Minutes - 6/14/82 It is the city staff's recommendation that a resolution be adopted setting a moratorium on all manufactured housing projects until such time as the ordinance is amended and a new code is in effect. In addition, the consulting planner is also reviewing the city's planned unit development ordi- nance and is recommending that changes be made regarding planned unit development regulations. As a result, a motion was made by Blonigen, seconded by White and unanimously carried to adopt a resolution de- claring a moratorium on manufactured housing and also to adopt a resolution declaring a moratorium on planned unit developments until such time as the City can review and adopt new regulations in regard to the above. (See Reso- lutions 1982 #45 and #46). G. Consideration of Change Orders #37, #38 and #39 with the Paul A. Laurence Company on the Wastewater Treatment Plant Construction Project. A motion was made by Fair, seconded by Maus and unanimously carried to adopt change orders #37, #38 and #39 with the Paul A. Laurence Company on the Wastewater Treatment Plant Construction Project for a total amount of an additional $2,505.00 which provides for the installation of exterior lighting at the doors of the control building, additional wiring and receptacles, and the relocation of a hydrant and changing a water service to the sludge vehicle garage. H. Consideration of Employee Assistance Program and Overall Personnel Policy Revisions. The City Administrator, Tom Eidem, reviewed with the Council the possibility of an overall review of the present city personnel policy including changing the present employee assistance program that has been available to all city employees. In the past years, the City has had a working relationship with the Minnesota Growth Exchange which pro- vides a referral system to all employees who may have pro- blems that might be affecting their work potential. Mr. Eidem noted that he has had conversations with Mr. Dan Roe of the Abbott Northwestern Hospital who would provide a comprehensive personnel policy and an employee assistance program for an initial fee of $1,000.00 annually. Mr. Eidem noted that the employee assistance program available through Abbott Northwestern provides more counseling services than what was available through Minnesota Growth Exchange and recommended that the Council consider adopting an agreement with them. =:� Council Minutes - 6/14/82 It was the Council concensus that this item be tabled until a future Council meeting to enable more study to be obtained on the adoption of a new policy and a new employee assistance program. I. Consideration of Ratification of Union Contract. The City Council was informed by the City Administrator that the union personnel have accepted the City's propsal for a new union contract which expired April 1, 1982. The new proposal as presented to the union offered a $.60 an hour raise effective April 1, 1982 and a $.55 an hour raise effect- ive April 1, 1983. In addition, the City will provide full insurance coverage to all employees, 100% paid by the City effective April 1, 1982 and agreed to increase the monthly insurance benefit by $5.00 in 1983 plus 50% of any addition- al increase over $5.00 effective April 1, 1983. A motion was made by White, seconded by Maus and unanimously carried to approve ratification of the new union contract as presented for the years April 1, 1982 through April 1, 1984. Meeting Adjourned. Rick Wolf Steller Assistant Administrator - 9 -