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City Council Minutes 07-26-1982MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL July 26, 1982 - 7:30 P.M. Members Present: Fran Fair, Dan Blonigen, Ken Maus, Phil White. Members Absent: Arve Grimsmo. 1. Call to Order. 2. Approval of the Minutes for the Meeting Held on July 12, 1982. A motion was made by Fair, seconded by Blonigen and unanimous- ly carried to approve the minutes of the regular meeting held on July 12th, 1982. 3. Petitions, Requests, Complaints/Citizens Comments. Mr. Barry Bondhus, representing the heirs of the Tom Bondhus estate, inquired of the Council if an exchange of the present sign easement located on the parcel of land that his father donated to the school for playground purposes along Hwy 25 next to the new public library could be established whereby the present large sign could be removed with two smaller signs being erected which would indicate that the land was donated by Tom Bondhus. Mr. Bondhus was informed that the City is not the actual owner of the property, but that the school district still has control over the property. It was noted by the Council that the City might be interested in developing a park on the land and asked if Mr. Bondhus thought this would be an acceptable use for the property. Mr. Bondhus thought that this use for some type of a park even if parking was available in the park might be accept- able, but he would talk it over with his family. In the meantime, Mr. Bondhus will probably approach the school board regarding the exchanging of the present large sign for two smaller signs. 4. Consideration of a Request to Increase Relief Association Benefits for the Volunteer Fire Department. Members of the volunteer fire department were again present at the Council meeting to request an increase in their relief association benefits from the present $500 annual retirement benefit per year of service to $700 per year of service. Schedules were presented for Council review which indicated that the Firemen's Relief Association would not require a contribution from city taxes for the present $500 per year benefit, but if the benefit was increased to $700 per year of service, a contribution from the City in the amount of - 1 - Council Minutes - 7/26/82 $7,752.00 would be required. Also, if the benefit was in- creased from $500 to $600 per year, approximately $1869.00 would still be required from city tax sources. A recommendation was made by the City Administrator that possibly the Association By -Laws could be rewritten to allow the association to increase their benefit at any time their Fire Relief Association Fund is self sufficient and has a surplus. This would put the full responsibility of keeping the fund liquid in the association's hands and would not require any future contributions from other city sources. Fire Department members questioned whether this was legal and indicated that the City Council may still have to approve each additional raise, but a motion was made by White, second- ed by Maus and unanimously carried to deny any increase in the present $500 annual benefit and authorized the City Adminis- trator to write up an ordinance amendment that would allow the association's by-laws to be rewritten that would allow an in- crease in their benefits at any time their fund can support an increase without tax levies. It was noted that if it is determined from legal counsel that this amendment would not be legal, the Council would again review with the association their request for an increase in benefits. 5. Consideration of Price Quotations for Construction of Freight Loading Dock and Walk -In Cooler Expansion. Liquor Store Manager, Mark Irmiter, again reviewed with the Council two quotes he had previously obtained for the ex- pansion of the walk-in cooler at the Liquor Store. One quote was received from Liquor Store Equipment in the amount of $1735.00 and the low quote was received from James Refrig- eration in the amount of $1447.00. In addition, Mr. Irmiter noted that firm price quotes on building a freight loading dock at the Liquor Store have not all been obtained from various contractors at the present time and that additional problems have to be solved regarding the water service to the building relocation if the loading dock is built and requested that this item be separated and brought up at the next Council meeting. As a result, a motion was made by Maus, seconded by Fair, and unanimously carried to authorize the expenditure of $1447.00 for the expansion of the walk-in cooler at the Liquor Store by James Refrigeration. Council Minutes - 7/26/82 6. Consideration of Retaining Wall Alternatives as Part of the 7th Street Improvement. At the last Council meeting, bids were reviewed concerning the construction and improvement of 7th Street with curb and gutter between Highway 25 and Cedar Street and also bids were received on the construction of a retaining wall on the north side of the street. A resolution accepting the bid and awarding the job to Omann Construction solely for the base bid of the street improvement was adopted in the amount of $25,915.70 and the City Engineer, John Badalich, was asked to contact the contractor regarding possible rene- gotiation on the bids received for the construction of the retaining wall. A retaining wall portion of the contract consisted of either constructing a stone wall at a low bid cost of an additional $12,064.50 or construction of a railroad timber wall for an additional $6,678.50. Mr. John Badalich of OSM noted that representatives of Omann Construction Company did contact all the bidders who gave prices for constructing the retain- ing wall to see if he could get a lower price for a stone wall other than the $12,064.50 bid. Although, originally, representatives of the Omann Construction Company could not obtain a lower cost figure than the $12,000, just recently Mr. Badalich was informed that Omann Construction Company could find a contractor that would do the stone wall for $10,064.50, a $2,000 savings. Because of the $2,000.00 deduction, a motion was made by Ken Maus, seconded by Fair and unanimously carried to adopt a resolution accepting the bid for the construction of a retaining wall as part of the 7th Street Improvement from Omann Construction Com- pany in the amount of $10,064.50, making the entire project total $35,980.20. (See Resolution 1982 #52). 7. Resolution Accepting Petition and Authorizing Preparation of a Feasibility Report for Sewer and Water to Meadow Oak Sub- f9ivi--inn_ At the beginning of the July 12th, 1982 meeting, a petition was presented by the owner of the proposed Meadow Oaks Sub- division requesting a feasibility study on the extension of sewer and water services to their subdivision. Mr. Jim Boyle, owner of the proposed subdivision, requested the improvements and feasibility study as he is planning to develop his property into single family and multiple family buildings in the near future. - 3 - Council Minutes - 7/26/82 Since more than at least 35% of the property owners possibly affected by assessments have petitioned for the improvements, a motion was made by Fair, seconded by Maus and unanimously carried to adopt a resolution ordering the preparation of a feasibility report for the extension of sewer and water to the Meadow Oak Subdivision. Voting in favor: Fair, Maus, White. Opposed: Blonigen, as he felt there were sufficient residential lots available at the present time. (See Resolution 1983 #53). 8. Resolution Accepting Bid and Awarding Contract for Seal Coating of City Streets. Bids were received on Monday afternoon at 2:00 P.M. from four contractors on the proposed seal coating project for 1982. The bids were as follows: MMTR ArTnP Mr. Melvin Alama Batzer Const. Co. Buffalo Bituminous Allied Blacktop BASE BID W/SWEEPING ALTERNATE #1 W/O SWEEPING .44� sq. yd. .40� sq. yd $28,291.12 $25,719.20 .349 sq. yd. .309 sq. yd. $22,440.00 $19,868.08 .38� sq. yd. $24,433.24 .337 sq.yd. $21,668.43 .365 sq. yd. $23,468.77 .297 sq. yd. $19,096.51 John Simola, Public Works Director, reviewed with the Council the low bid received from Allied Blacktopping and recommended that the base bid with sweeping for .337 a square yard be accepted for the 64,298 estimated square yards of seal coating. In addition, Mr. Simola recommended that an addi- tional 16,507 square yards of seal coating be added to the contract, making a total of 80,805 square yards for a total price of $27,231.29 because of the favorable bids received. It was noted that although the budget had allowed $17,000 for seal coating, approximately $13,000 was budgeted for an overlay along the frontage road by Gould Brothers Chevrolet which will not be done this year and could be applied towards the seal coating program. As a result, a motion was made by Blonigen, seconded by Maus and unanimously carried to adopt a resolution accepting the bid from Allied Blacktopping for 80,805 square yards of seal coating at .337 per square yard for a total estimated price of $27,231.29. (See Resolution 1982 #54) . M= Council Minutes - 7/26/82 9. Consideration of a Request to Extend a Variance Granted to Trinity Lutheran Church. In 1979, the Trinity Lutheran Church built a new addition to their present facility and at that time was granted a variance for three years from the requirement that hard surface parking be completed prior to occupancy. At this time, the Trinity Lutheran Church is again requesting a further extension of that hard surfacing requirement due to financial hardships. Mr. John Meier, spokesman for the Trinity Lutheran Church, requested an extension from hard surfacing requirements based on the following proposed four year plan. During 1982, the church is proposing to construct a 24 foot drive- way opening along Broadway and a completion of the curb and gutter for the parking area immediately east of the church facility. During 1983, the proposal calls for the comple- tion of approximately 450 feet of east -west curb in the additional parking lot area. During 1984, all proposed grass areas and plantings will be completed per their plan and in the year 1985, the church proposes to finish all black topping on both parking lots. Mr. Meier indicated that the above four year proposal if accepted by the City would enable the church to financially be able to complete the entire parking lot requirements by 1985. A motion was made by Fair, seconded by Blonigen and unani- mously carried to grant an extension on the black topping requirement variance per the above four year improvement plan. 10. Consideration of a Request by Marvin George to Defer Special Assessments. Approximately three years ago, the City Council adopted a policy whereby an applicant for a building permit had either 180 days or at the time of occupancy of the new building that the assessments outstanding against that parcel of land had to be paid in full. Marvin George Builders, who have developed several new homes in the Country Club Manor Estates, has four new homes which are presently built in Country Club Manor that have not had the assessments paid in full and are over the 180 day limit. As a result, the building inspector has refused any further building permits until such time as the previous assessments are paid in full. - 5 - Council Minutes - 7/26/82 Mr. George requested that this ordinance section requiring payment in full of all outstanding assessments be reviewed or that a variance be granted to him to allow him to continue construction of new homes in the development. Mr. George noted that he has no problem with paying all outstanding assessments once the homes are occupied or sold, but until that time he requested that he be allowed to let the assess- ments run their normal course over the original five year assessment period. It was noted by the Council that the present requirement of assessments being paid at the time of occupancy or within 180 days of a building permit issuance is an ordinance and would have to be amended at a public hearing. As a result, a motion was made by Maus, seconded by Blonigen and unani- mously carried to hold a public hearing on the possible amendment to this ordinance at the next regular Council meeting. 11. Consideration of a Proposal for a Joint City Council and Planning Commission meeting. A special joint meeting was scheduled for the Planning Commission and City Council for Monday, August 2nd at 7:30 P.M. for the purpose of reviewing a possible new zoning district labeled R-5. This new zoning district would be for manufactured homes and an ordinance amend- ment would be necessary creating this district and would be reviewed by the City's Consulting Planner, Howard Dahlgren and Associates. 12. Consideration of Approval for a One Day 3.2 beer license for St. Henry's Fall Festival on September 19, 1982. A request was made by the St. Henry's Catholic Church for the issuance of a one day 3.2 beer license for their annual Fall Festival to be held on September 19, 1982. A motion was made by Fair, seconded by Blonigen and unani- mously carried to approve the issuance of the one day 3.2 beer license for St. Henry's Catholic Church. 13. Consideration of Rezoning Request - Rosewood Corporation. Mr. Howard Rekstad of Rosewood Corporation requested a rezoning of a portion of the property owned by the Monti- cello Mall located west-northwest of the present mall. The rezoning request is based on the possible sale of a portion of their property to the Chateau Plaza Corporation which is proposing to build a 36 unit apartment complex for the elderly. The request for rezoning would be contingent upon approval of the apartment project by the Housing and Urban Development. - 6 - Council Minutes - 7/26/82 Mr. Rekstad also noted that if the rezoning is granted and the project goes forward, that the Rosewood Corporation would be willing to work with the City in developing an alternate route for a Collector Road access across the balance of their property in order to provide access to the project when more development occurs. This would be in line with the City's plans to extend and develop a Collector Road through the area. A motion was made by Maus, seconded by Fair and unanimously carried to approve the rezoning request from B-3 to R-3 for the purpose of developing a 36 unit elderly project contingent upon HUD approval of the project and an agreement on the future road alignment for the Collector Road. (See Ordinance Amendment 1982 #118). 14. Consideration of Ordinance Amendment for a Go -Kart Track. Mr. Jim Teslow has proposed developing a go-kart track on the property he owns which lies on the west end of Elm Street abutting the north side of I-94. The property is currently zoned B-3 but the proposed use is not allowed currently under the city ordinances. Mr. John Uban of Howard -Dahlgren and Associates, City Planners, recommended that the following amendment be added to the city ordinances to allow go-kart tracks within a B-3 zone as a conditional use: Section 10-13-4 (N) Outdoor go-kart tracks provided that: 1. The proposed use must meet all conditions of Section 1C-13-4 (A) . 2. The conditional use permit will be reviewed yearly to determine whether or not it is com- patible with neighboring properties and in conformance with conditions of the condition- al use. 3. A solid wood, six foot high fence must be part of the screening required when the ad- jacent property is residential. 4. For dust and noise (7ODB at residential pro- perty line) must be controlled at all times to the satisfaction of the City. This item was recently approved by the Planning Commission and as a result, a motion was made by Fair, seconded by Blonigen and unanimously carried to adopt an ordinance amendment allowing out door go-kart tracks as a conditional use within an E-3 commercial zone with the four conditions noted above. (See ordinance amendment 1982 #119). - 7 - Council Minutes - 7/26/82 15. Consideration of Conditional Use Permit - Jim Teslow. In reference to the previous item, Mr. Teslow requested the conditional use permit to be allowed to develop a go-kart track. Mr. Teslow had agreed to meet all of the conditions required under the new ordinance amendment but did ask that the conditional use be granted for three years initially with annual reviews thereafter due to the large investment required. Mr. Teslow noted that if the Council did grant only a one year conditional use, he would be agreeable to this. Mr. John Uban of Howard Dahlgren & Associates recommended that this conditional use be granted to Mr. Teslow as it is his feeling that rather than having the land presently owned by Mr. Teslow lie idle while a higher and better use is proposed for the development, it would give the property owner an opportunity to provide income from that property at the present time. A motion was made by Blonigen, seconded by Fair and unani- mously carried to approve issuing a conditional use permit to Mr. Teslow for developing a go-kart track according to the conditions previously established including annual re- views of the permit. 16. Consideration of Amending Ordinances Pertaining to Planned Unit Development. During 1981, the Planning Commission recommended adoption of a new Planned Unit Development ordinance which was sub- squently adopted by the City Council. However, the City Planner brought to the Planning Commission's attention shortcomings with the new shortened Planned Unit Develop- ment ordinance and recommended that the City return to its original Planned Unit Development ordinance. It was the City Planner's recommendation based on the fact that the current ordinance leaves many details vague in the requirements of the ordinance and the adoption of a new PUD ordinance could eliminate many misunderstandings. As a result, a motion was made by Blonigen, seconded by Fair and unanimously carried to approve abating the present Planned Unit Development ordinance now in effect and re- turning to the previous Planned Unit Development ordinance. (See Ordinance Amendment 1982 #120). Council Minutes - 7/26/82 17. Quarterly Department Head Reports. The following department heads were in attendance at the Council meeting: Public Works Department Law Enforcement Senior Citizens YMCA Detached Worker Planning & Zoning Administration Fire Department John Simola Buddy Gay Karen Hanson Mike Melstad Loren Klein Tom Eidem Willard Farnick Karen Hansen, Senior Citizen's Center Director, noted that the remodeling project at the Senior Citizen's Center is progressing on schedule and that the expected approximately $1500 grant funds will be coming shortly to finish the projects. Wright County Sheriff's representatives, Buddy Gay, Don Hozempa, and Jim Powers reviewed with the Council a recommendation that additional hours of coverage be added to the contract for cov- erage during morning hours of the week. A motion was made by Maus, seconded by Fair and unanimously carried to add an additional 16 hours per week on a trial basis for the months of September and October to the current contract increasing the hours from 128 to 144 per week. It was noted that the increased coverage would change on a day to day basis depending on need. Public Works Director, John Simola, informed the Council of the progress of the Ellison Improvement Project and the construction of the new pole barn at the maintenance building site. In addition, Mr. Simola noted that the water tower will be painted and the inside waxed soon. City Administrator, Tom Eidem, noted that a public hearing has been scheduled for August 12, 1982 at 4:00 P.M. for the purpose of hearing citizens comments regarding the -expendi- tures from the revenue sharing funds expected for 1983. It was noted that any citizen who has recommendations on how the City should allocate the proposed revenue sharing funds for 1983 can make comments at this meeting. - 9 - Council Agenda - 7/26/82 In addition,it was noted by Mr. Eidem that the Monticello -Big Lake Ambulance will be temporarily housed in the city Fire Hall for the next four months until the hospital can find a permanent location for the ambulance locally. 18. Approval of the Bills. A motion was made by Blonigen, seconded by Fair and unani- mously carried to approve the bills for the month of July, 1982 as presented. (See Exhibit #1). Meeting Adjourned. Rick Wolf ste ler Assistant Administrator - 10 -