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City Council Minutes 09-27-1982MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL September 27, 1982 - 7:30 P.M. Members Present: Arve Grimsmo, Phil White, Fran Fair, Ken Maus. Members Absent: Dan Blonigen. 2. Approval of the Minutes of September 13, 1982. A motion was made by White, seconded by Fair and unanimously carried to approve the minutes of the Council meeting held on September 13, 1982. 4. Public Hearing - A Hearing on the Proposed Use of Revenue Sharing Funds and the 1983 Municipal Budget. Federal regulations require that the City hold two public hear- ings concerning the use of Federal Revenue Sharing Funds expected to be received in 1983. At the first hearing held August 12, 1982, no comments were heard from the public in regard to the proposed expenditures. As part of the proposed 1983 budget, $84,800 is projected to be received in Federal Revenue Sharing Funds during the fiscal year of 1983. The proposed uses of this money areas follows: Community Education $10,000.00 Water Fund - Capital Outlay 10,000.00 Seal Coating Project 27,800.00 Water Fund Supplies and Fire Equipment Expenditures 20, 000. 00 Skid Loader for Waste- water Treatment Plant 9,000.00 Van for Water Department 8,000.00 No additional comments were presented at the public hearing re- garding the proposed uses of Federal Revenue Sharing Funds. 5. Resolution Adopting the 1983 Municipal Budget and Setting the Tax Levy. The preliminary 1983 Budget was presented at the September 13th Council meeting and a special meeting was held on September 17th for the purpose of reviewing the proposed budget resulting in a tax levy of $1,227,074.00. As part of the tax levy, the pre- liminary budget proposed that the sewer fund have a general tax levy of $84,440.00 to support the anticipated cost of running - 1 - Council Minutes - 9/27/82 the new Wastewater Treatment Plant. This $84,000 subsidy would be needed assuming that the sewer user charges would only generate revenue of $134,900.00. The expected revenue was based on a model prepared by the consulting engineers which would have the residential, commercial and industrial user's rates established in a fair and equitable manner. The City of Monticello recently adopted an ordinance which requires that sewer rates established be fair and equitable to all users,and large industrial users would be required to pay a sewer charge based on their flow and effluent strength. Currently, the only industrial user that would fall into this category would be Wrightco Products, which based on the consulting engineer's model would have a sewer charge annually in excess of $19,000.00 per year. Mr. Gary Wieber, controller for Wrightco Products and Mr. Jim Ridgeway, President, were present to discuss with the Council their proposed sewer rates their firm would incur in 1983 as proposed. Mr. Wieber noted that during 1981, Wrightco had sewer charges annually of approximately $6,380.00 and it is projected that their sewer bill for 1982 will be $10,800.00. Mr. Wieber felt that an increase in the sewer rates to approxi- mately $17 or $19,000 a year should be possibly phased in over a three year period of time rather than all in one year. In addition, Mr. Wieber noted that Wrightco Products would be will- ing to eliminate their pretreatment program at their location which would eliminate future odor problems which have occurred in the past in the downtown area. Mr. Wieber noted that at the present volume of approximately 12 million gallons annually, he suggested that the 1983 sewer charge for Wrightco be approximate- ly $12,000 and then increase to $14,300 the second year and finally $1.7 , 000 the third year. Mr. Jerry Corrick, Project Engineer on the Wastewater Treatment Plant with the consulting engineering firm of OSM, explained to the Council that under the newly adopted ordinance regarding user charges, the City of Monticello can not give any quantity dis- counts to industrial users such as Wrightco and that the user charge can not be based strictly on flow but has to also charge industrial users for the strength of their sewage. Mr. Corrick noted that to arrive at the $17,000 annual figure for Wrightco Products, the rates would have to be strictly based on flow with- out regard to strength of the effluent and would be considered the same as a residential user. Mr. Corrick noted that if the City were to establish approximately $17,000 as the charge to Wrightco Products, the City should prepare the billing for the industrial user based on the ordinance which in this case for Wrightco Products without pretreatment would result in approxi- mately a $30,000.00 annual billing. A credit on this billing could be initiated by the City to Wrightco Products based on an agreement between the two parties whereby Wrightco Products would agree to eliminate their pretreatment and the resulting odor problems and also agree to discharge their sewage through holding tanks allowing for an even flow throughout the day - 2 - Council Minutes - 9/27/82 rather than large quantities all at once. The credit amount pro- posed was $13,000 from the anticipated $30,000 charge and would leave Wrightco Products with an annual charge of approximately $17,000, the end result being that their billing would be similar to a residential or commercial charge for the amount of discharge. By using the projected revenues of $17,000 from Wrightco Products, along with the model established by the consulting engineer for all other residential and commercial users, anticipated revenues would be approximately $140,000.00 requiring a $79,340.00 subsidy to operate the sewer fund. It was noted that although a firm sewer rate has not yet been established for 1983 for residential or industrial users, the budget for 1983 as far as the sewer fund was concerned could be established with the assumption that $79,340.00 would be the tax levy for the budget purposes. A motion was made by White, seconded by Maus and unanimously carried to adopt a resolution setting the 1983 budget and tax levy at $1,227,064.00 which would include $79,340.00 as a tax levy in the sewer fund. (See Resolution 1982 #56). 6. Consideration of Calling for a Public Hearing on Proposed Im- provements to Meadow Oaks Subdivision. As part of the subdivision plat being proposed by Mr. Jim Boyle and Mr. Dick Knutson, known as Meadow Oak, the developers have requested that a public hearing be held on the proposed sewer and water improvements to their subdivision. The preliminary feasibility report has been prepared by the City's consulting engineer indicating that the initial first phase con- struction of trunk, sewer and water lines are estimated to cost approximately $1,393,500.00. Since the original feasibility report, discussions have been occurring between the developers and the consulting engineers regarding design changes and the city engineer will be preparing an additional report regarding the estimated cost for the public hearing. A motion was made by Maus, seconded by White and unanimously carried to adopt a resolution receiving the feasibility report and calling for a public hearing on the proposed improvements to Meadow Oaks Subdivision for October 12th, 1982 at 7:30 P.M. (See Resolution 1982 #55). 7. Consideration of a Proposal to Add Restrooms and a Storage Building at 4th Street Park. Previously, representatives of the Monticello Youth Hockey Association requested that the Council consider adding a storage facility and public restrooms to the warming house located in the 4th Street Park. The Hockey Association originally - 3 - Council Minutes - 9/27/82 requested permission to build a storage building at the 4th Street Park for the purpose of storing their equipment which included a garden tractor and sweeper attachment that is used for cleaning their ckey rink. Along with that request, the Council appointed Loren Klein and Council member, Ken Maus, to a committee to work with the Hockey Association to arrive at a plan that would allow for the storage building to be attached to the warming house and also to include restroom facilities for the 4th Street Park. It was noted by Hockey Association members that their program has increased substantially resulting in hundreds of kids prac- ticing ad playing games at the hockey rink with an additional large number of spectators in attendance with no bathroom facilities available. If the City would initially finance the construction of the storage facility and bathroom facilities, the Hockey Association has agreed to contribute to the City $500 up front money towards the cost of the building and then would make annual payments of approximately $300 to $500 per year towards the cost of the storage building facility until it was paid for. Under this proposal, the City would be responsible for the cost of the restroom facilities as it is a public park and would not only be used by the Hockey Association. Mr. Klein noted that currently only one estimate has been re- ceived for the construction of the addition and he estimated that the project would cost less than $9,000.00 excluding sewer and water hook up charges. Of this estimated $9,000.00 cost, approximately 30o would be allocated towards the storage facility which the Hockey Association would reimburse the City over a number of years. It was the Council concensus to authorize Mr. Klein to obtain at least two bids or quotes from contractors for the construction of the addition to the warming house along with quotes for the installation of sewer and water services and present them to the Council at their next scheduled Council meeting for approval. 8. Consideration of Change Order #54 on the Wastewater Treatment Plant Construction Contract. A change order has been recommended by the public works director and consulting engineer that would eliminate a 150 foot long wood screened fence that was originally planned to be located between the Wastewater Treatment Plant and the former Lindberg house that the City has now acquired. Since the City now owns the Lindberg property, it was felt that the wall was not necessary and plantings could be developed over a period of time that would eliminate the need for the wood screened wall. - 4 - Council Minutes - 9/27/82 The total savings would amount to $5,800.00 as a deduct from the contract. A motion was made by White, seconded by Fair and unanimously carried to approve Change Order #54 with the Paul A. Laurence Company on the Wastewater Treatment Plant construction contract in the amount of $5,800.00 as a deduct. 9. Consideration of an Offer to Purchase a Part of the Oakwood Block. Recently, Mayor Grimsmo received a letter from Dr. Brion who ex- pressed an interest in purchasing a half acre of the Oakwood Block for a medical clinic for a price of $40,000.00. Prior to this offer, the prevailing attitude of the Council was that they would encourage development of the Oakwood Block as a single unit rather than selling off small parcels for individual developers. Along with Dr. Brion's offer, Security Federal Savings & Loan has expressed an interest in the site and the possible purchase of an acre and a half (112) for a new,:building for their institu- tion. The acre and a half that Security Federal expressed interest in along with the half acre that Dr. Brion was interested in would amount to 80% of the block. Security Federal, aware of the Council's encouragement of developing the entire Oakwood Block, has indicated that they are researching the possibility of offering to buy the entire block and developing it and then possibly leasing or selling space that they would not need for their own Savings & Loan institu- tion. Security Federal has indicated in a letter that they are discussing the development of the entire block and requested that the sale of a portion of the block be delayed by the Council until their entire proposal can be presented. It was the Council concensus to table any action on the offer to purchase part of the block by Dr. Brion at the present time to enable additional studies to be completed by other interested developers. It was noted that possibly this item could be consid- ered at the October 25th, 1982 Council meeting if proposals are presented by this date. 10. Consideration of a Request to Renew a Conditional Use Permit for Construction 5. Mr. Tom Broc ker of Construction 5 requested that the City Council consider granting an extension of a conditional use previously granted to them two years ago to develop an apartment building on Blocks 42 and 43 of Lower Monticello located along Lauring Lane. Because the original conditional use had not been utilized within one year, the original permit expired and renewal was necessary before any further construction could begin. - 5 - Council Minutes - 9/27/82 It is Construction 5's intent at the present time to go ahead with the construction of a 12 unit apartment building as proposed which would not need a conditional use permit and then as soon as financ- ing is available, they would continue with two more 24 unit build- ings which due require the renewal of the conditional use permit. The Planning Commission recommended that the request be denied for the second phase of the project until after the first phase or 12 unit apartment building is constructed to see what type of track record this developer would display. The Council concensus was that as long as Construction 5 was willing to agree to the previous conditions attached to the conditional use permit that a permit should be extended. As a result, a motion was made by White, seconded by Fair and unanimously carried to approve the renewal of the conditional use permit to Construction 5 for the construction of two 24 unit apartment buildings contingent upon the developers providing a 30 foot easement along the northerly portion of their property for a possible future interceptor sewer line and also contingent upon the dedication of a portion of their property for an extension of a Collector Road to be established. 11. Consideration of a Request to Rezone from B-3 to R-3 the Marvin Kramer and other Adjacent Property. During the public hearing process for the proposed development of the Chateau Plaza, a housing project for the elderly, a determination was made as to the approximate location of the Collector Road which would connect the Country Club Road and Country Club Manor with 7th Street at the approximate intersections of Walnut Street and 7th Street. At that time, the property upon which the Chateau Plaza was to be built was zoned B-3 (Commercial) and would be the only parcel of property lying immediately north of the proposed Collector Road which would be zoned B-3 with all their surrounding property being zoned R-3. A consideration was given at that time to rezoning that parcel of land where Chateau Plaza would be located to R-3. At this time, Jim and Pam Lindberg are proposing to develop a day care center on the Marvin Kramer property which is also proposed to lie north of the proposed Collector Road. The current zoning of the property in question owned by Mr. Kramer is currently zoned B-3 and it was the Planning Commission's recommendation that the Council rezone that portion of the property lying north of the proposed Collector Road from B-3 to R-3 to coincide with the existing zoning of the surrounding property. As a result of the zoning changes, all property located north of the proposed Collector Road would be zoned R-3 while the remaining property located south of the Collector Road would remain B-3 or commercial zoning. - 6 - Council Minutes - 9/27/82 This action for rezoning was prompted by a request for a conditional use permit within the R-3 zone by Jim and Pam Lindberg regarding the Marvin Kramer property. The Planning Commission voted to recommend that the property lying north of the Collection Road be rezoned from B-3 to R-3. A motion was made by Fair, seconded by White and unani- mously carried to approve the request for rezoning of the Marvin Kramer property lying north of the proposed Collector Road from B-3, commercial, to R-3, multiple family residential, to match surrounding property zoning. (See Ordinance Amendment 1982#123 ). 12. Consideration of a Request for a Conditional Use Permit to Establish a Day Care Group Nursery in an R-3 zone by Jim and Pam Lindberg. As discussed in the previous item, Jim and Pam Lindberg have pro- posed to develop a day care group nursery on the Marvin Kramer property, which would require a conditional use permit. The Lindbergs have indicated that they would be willing to deed to the City the southerly 80 foot portion of the Kramer property for the placement of a Collector Road which would connect Country Club Manor to Hwy 25 as proposed. This dedication of property would be contingent upon the City developing a street in the future. A motion was made by White, seconded by Fair and unanimously carried to approve the conditional use permit request by Jim and Pam Lind- berg for the day care group nursery proposed for the Marvin Kramer property contingent upon the Lindbergs and Marvin Kramer either deeding or providing the City with a permanent easement for road- way and utility purposes across the southerly 80 feet of their property. The easement or deeded 80 foot portion would revert back to the property owners if it is not used by the City for roadway purposes. 13. Consideration of an Exchange of Property to Facilitate the Dundas Road Extension. Previously, the City Council directed the zoning administrator to research the possibility of obtaining a small parcel of land located south of banner's Truck Garage between old Hwy 25 and new Hwy 25 for the purpose of extending Dundas Road to Hwy 25. Research of the records in the courthouse have determined that Mel Wolters is the property owner of that small portion needed for the extension and an agreement in principle has been arrived at between the City of Monticello and Mr. Wolters whereby Mr. Wolters would trade to the City the property which the City needs to complete the Dundas Road to Hwy 25 extension in exchange for the City abandoning the abut- ting right-of-way of old Hwy 25 to him. - 7 - Council Minutes - 9/27/82 In effect, the old Cedar Street would be vacated from the point at which Dundas Road would cross south to where Cedar Street joins with Hwy 25. The property owners abutting the old Cedar Street to be vacated would be Mr. Wolters and the easterly half of the street would be vacated to Mr. Ken Krienke. A motion was made by White, seconded by Maus and unanimously carried to authorize the City staff to prepare documents to pro- ceed with the exchange of property which would include vacating Cedar Street south of Dundas Road in exchange for acquiring the property from Mel Wolters that would allow for Dundas Road to be extended to Hwy 25. No vacation would actually take place on Cedar Street until such time as the City was able to develop and complete the extension of Dundas Road. 14. Discussion by the Members of the Monticello Development Corpora- tion Relative to Sale of Property. Council Member, Phil White, along with Monticello Development Corporation members, Jim Figenshau and Dr. Kasper, informed the Council that the corporation has been forced into a position of selling the property they own in Block 51. The property consists of Lots 13, 14 and 15 in Block 51 which is located directly north of the old Monticello Ford Garage in downtown Monticello. The Monticello Development Corporation is a non-profit organization that was originally established for the purpose of acquiring prop- erty that could be developed into future parking lots for the downtown businesses. During their existence, many of the lots now currently used for public parking have been acquired by the develop- ment corporation and then sold to the City as needed. These three lots currently being offered for sale are the remaining property owned by the development corporation and it appears at the present time that parking on this property is not in demand at the present time. The representatives noted that if the City of Monticello is not interested in acquiring this property, it would be put on the open market for any potential buyer. The asking price is $44,000.00 which is the amount needed by the corporation to clear all of its debt on the property. A motion was made by Maus, seconded by Fair to authorize the City Administrator to negotiate with the development corporation and the Wright County State Bank which has the current mortgage on the property on a possible purchase of the property and report back to the Council at its next regular meeting with all options that are available. Voting in favor were Maus, Fair, Grimsmo. Abstaining was Phil White. Council Minutes - 9/27/82 15. Discussion on Upcoming Public Hearing by Wright County to Consider Ordinance Amendments to Home Occupation Limitations. Mr. Franklin Denn, Monticello Township Chairman and member of the Wright County Planning Commission, informed the Council of the County's upcoming public hearing that will be addressing possible amendments to the County ordinances regarding home occupations in agricultural zoning districts. Mr. Denn noted that the County ordinances currently allow home occupations with numerous conditions attached that basically allow one outside employee in a home occupation business. Mr. Denn noted that the County has been petitioned and will be holding a public hearing on September 30th, to consider amending the or- dinance to allow up to 5 employees outside of a family owned busi- ness. Mr. Denn explained that at the public hearing, the City of Monti- cello along with all other townships and municipalities in Wright County have the right to make recommendations on the above pro- posed amendment and requested that the City Council representa- tives either attend the public hearing to express their views or write a letter to the Planning & Zoning Office. Mr. Denn noted that as far as Monticello Township is concerned, they are recom- mending that the County take no action on amending the ordinance at the present time but table any action for further study on the possible ramifications of allowing 5 outside employees in a home occupation business. It was noted that Council members or the Mayor will try to be in attendance at the public hearing scheduled Thursday, September 30th. 16. Approval of Bills for the Month of September. A motion was made by White, seconded by Fair and unanimously carried to approve the bills for the month of September as pre- sented. See Exhibit 9-27-82 #1. Meeting Adjourned. Rick Wolf stelle Assistant Administrator