City Council Minutes 04-13-1992MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
Monday, April 13, 1992 - 7:00 p.m.
Members Present: Ken Maus, Shirley Anderson, Clint Herbst, Brad
Fyle, Dan Blonigen
Members Absent: None
2. Approval of minutes of the regular meeting held March 23,
1992.
Brad Fyle suggested that condition #3 pertaining to item #5,
consideration of adoption of plan for financing School
Boulevard between Fallon Avenue and County Road 118, should
include the actual sewer trunk charge that will be placed
against lots in the Cardinal Hills development that are
developed after phase II is completed.
Assistant Administrator O'Neill suggested that the revision to
item #3 could be stated as follows:
"The City would lift the $500 per unit sewer trunk charge
from lots developed with phase II of the development and
place the per lot charge against the balance of the
Cardinal Hills development area, which creates a new
sewer trunk charge of $637 per lot." SEE ATTACHMENT A.
After discussion, a motion was made by Dan Blonigen and
seconded by Shirley Anderson to approve the meeting minutes as
submitted with the correction as proposed by Brad Fyle.
Motion carried unanimously.
4. Consideration of employee disciplinary action.
Ken Maus noted that the City Council had reviewed the
circumstances regarding this item at a special closed session
of the City Council conducted prior to the Council meeting.
After discussion, a motion was made by Clint Herbst to
terminate Jody Thilquist due to gross insubordination. Dan
Blonigen seconded the motion.
During the discussion, City Attorney, Paul Weingarden,
suggested that the motion incorporate the Administrator's
report.
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Clint Herbst restated his motion as follows: Motion to
terminate Jody Thilquist due to gross insubordination as
outlined in the City Administrator's report to City Council
regarding the matter. Dan Blonigen seconded the revised
motion. After discussion, motion carried unanimously.
Administrator Wolfsteller noted that he will be addressing
concerns that Jody had regarding vacation pay that she felt
she had coming and that he would make sure that her questions
are addressed in a manner consistent with the personnel
policy.
Consideration of extending the Assistant Liquor Store
Manager's probationary period.
After discussion, a motion was made by Dan Blonigen and
seconded by Shirley Anderson to extend Wanda Goenner's
probationary period for three months beginning April 15, 1992.
Motion is based on the recommendation made by the Liquor Store
Manager and City Administrator in their report to Council.
Motion carried unanimously.
Review of first quarter liquor store financial report.
Rick Wolfsteller reported that total sales were up over 9%
from last year; however, gross profit appears to be down by a
similar percent. Wolfsteller stated that the operating
expenses are approximately $10,000 more than last year, which
is due primarily to salaries of an additional employee and
because of the expense of approximately $2,000 under equipment
maintenance that occurred for replacement of cooler slides.
After discussion, a motion was made by Brad Fyle and seconded
by Shirley Anderson to accept the report as presented. Motion
carried unanimously.
Consideration of gambling license renewal - Monticello
Jaycees.
After discussion, a motion was made by Brad Fyle and seconded
by Dan Blonigen to accept the summary report as presented and
adopt a resolution approving the applications for renewal.
Motion carried unanimously. SEE RESOLUTION 92-11.
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8. Consideration of a conditional use request to expand a bowling
alley facility in an I-1 zone. Applicant, Al Joyner.
Assistant Administrator O'Neill described the proposal to
Council. He noted that the proposal calls for installation of
two volleyball courts along the south side of the property
between Chelsea Road and the existing structure. The
conditional use permit is necessary because the installation
of volleyball courts represents an intensification or
enlargement of an existing use; therefore, it is appropriate
that the applicant obtain a conditional use permit prior to
development of the volleyball courts.
O'Neill went on to inform Council that the development will
include two low-level decks. The decks will be connected to
the entrance of the building and will be used as an outdoor
lounge and eating area. Surrounding the decks will be a 6 -
foot high wood fence with a net extension on top. O'Neill
stated that Joyner's facility is not currently in compliance
with certain aspects of the zoning ordinance; and according to
the zoning ordinance, the facility must be in compliance with
the ordinance prior to enlargement or intensification of the
use.
In this situation, Joyner Lanes was developed prior to recent
updates to the landscaping ordinance; therefore, the existing
landscaping does not meet present code. In addition, the sign
system does not meet code. The present sign system exceeds
the maximum square footage for signage by a significant
margin.
Council discussed the need for full compliance with code prior
to allowing development of the volleyball courts.
After discussion, a motion was made by Shirley Anderson and
seconded by Dan Blonigen to grant the conditional use permit
allowing expansion of the bowling alley in an I-1 zone subject
to 1) the facility must be brought into compliance with the
existing code pertaining to signage and dumpster screening,
and 2) site landscaping must be updated to comply with the
zoning ordinance, which requires that a minimum of 18 trees
with a 2.5 -inch diameter be planted along with landscape
plantings that would achieve 50% of their total tree
requirement (36 trees). Voting in favor of the motion:
Shirley Anderson, Dan Blonigen. Opposed: Brad Fyle, Ken
Maus, Clint Herbst.
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Clint Herbst stated that the degree of intensification of the
use did not justify making the applicant comply fully with the
landscaping requirements.
After discussion, a motion was made by Clint Herbst and
seconded by Brad Fyle to grant the conditional use permit with
the following conditions:
1. A total of 18 trees must be planted. Of this
amount, 4 trees must have a minimum diameter of
2.5 inches. The remaining 14 trees must be
substantial but need not meet the 2.5 -inch diameter
requirement. In addition, as allowed by ordinance,
landscaped plantings must be included in lieu of
50% of the total tree requirement (36 trees).
2. The facility must be brought into compliance with
the existing code pertaining to signage and
dumpster screening.
The landscaping requirement is based on the finding that the
proposed volleyball courts will not result in a major
intensification of the activity at the site; therefore, it is
not reasonable to require that the site fully meet the
landscaping code with the proposed expansion. The landscaping
requirement as outlined is commensurate with the level of
intensification of the use at the site. Voting in favor of
the motion: Clint Herbst, Brad Fyle, Ken Maus. Opposed: Dan
Blonigen, Shirley Anderson.
Dan Blonigen stated that the City should be consistent in
following the ordinance and that he does not understand not
following the ordinance on a whim.
Consideration of a conditional use request to allow auto body
repair shop in a B-3 (highway business) zone. Applicant, John
Johnson.
Assistant Administrator O'Neill informed Council that John
Johnson, owner of Monticello Auto Body, is proposing to build
a structure to be leased to another company that does
automobile pinstriping and automotive accessory installations.
Staff interpreted the activity as being akin to auto body
repair, which is allowed as a conditional use in the B-3 zone.
O'Neill reviewed the ten conditions outlined by ordinance that
must be complied with in order for an auto body shop to
operate in a B-3 zone.
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John Johnson was present and noted that the site and operation
would comply with all the conditions as noted.
After discussion, a motion was made by Brad Fyle and seconded
by Dan Blonigen to approve the conditional use request to
allow an auto body repair shop in a B-3 zone with the
applicant complying with all ten conditions under the section
of the zoning ordinance allowing auto repair shops to operate
in a B-3 zone as a conditional use. Motion carried
unanimously.
10. Consideration of a request for an ordinance amendment to
include private retractable antenna tower to be allowed as a
conditional use in a PZM zone. Location is all PZM zoned
areas, and specifically, Block 1, Lot 1, Griefnow Addition.
Applicant, Tom Ware.
Assistant Administrator O'Neill informed Council that Tom Ware
has requested a zoning ordinance amendment that would allow
him to move his antenna tower currently installed in Big Lake
Township to property located at Block 1, Lot 1, Griefnow
Addition. O'Neill noted that the tower can be extended as
high as 58 feet and is retractable to a level of 22 feet.
O'Neill noted that the zoning ordinance as written does not
allow antennas higher than 20 feet above the roof line.
The ordinance amendment as proposed would allow radio antennas
higher than 20 feet above the roof line to be installed in the
PZM zone as long as certain conditions are met.
Ken Maus noted his concern regarding the height of the
proposed antenna.
Brad Fyle was concerned that allowing an antenna in a PZM zone
could set a precedent that could possibly result in similar
antennas being installed in R-1 ( single family) or R-2 ( single
and two family) zones.
O'Neill responded by saying that adopting this ordinance
amendment allowing erection of an antenna in the PZM zone,
which is a commercial/multi-family zone, would not necessarily
set a precedent that would enable a similar tower to be
erected in a purely residential zone.
After discussion, a motion was made by Clint Herbst and
seconded by Dan Blonigen to adopt a zoning ordinance amendment
allowing radio antennas and other communication transmission
devices to be allowed in a PZM zone as a conditional use based
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on the finding that the proposed use in a PZM zone is
consistent with the character and geography of the PZM zone.
SEE ORDINANCE AMENDMENT NO. 224.
11. Consideration of a conditional use allowing development of a
short wave radio tower in a PZM zone. Applicant, Tom Ware.
After discussion, a motion was made by Dan Blonigen and
seconded by Clint Herbst to approve the request for a
conditional use permit allowing development of a 58 -foot
retractable radio antenna in a PZM zone subject to conditions
noted by ordinance as follows and subject to the requirement
that the applicant remove the ladder from the tower when the
ladder is not in use:
1. Height: A ground -mounted communication device
height shall not exceed 60 feet when fully
extended.
2. Yards: The communication device shall not be
located within a front yard setback, a required
side yard, or any side yard abutting a street.
Communication devices shall be located five (5)
feet or more from rear lot lines and shall not be
located within a utility easement.
3. Roofs: The communication device may be placed on
the roof of any authorized structure on the
premises. The height of the communication device
shall not exceed 20 feet above the peak of the roof
or roof line.
4. Neighboring Property Impact: The communication
device shall be so constructed and located that in
the event it falls, it will not fall on adjoining
property. The communication device may be set back
from adjoining property at a distance that is less
than the height of the communication device if a
certified engineer certifies that the device as
constructed will not fall on adjoining property.
5. Building Permits: A building permit shall be
required for the installation of any communication
device which requires a conditional use permit, or
for any device which has a structural surface
exposure of greater than nine (9) square feet.
Building permit applications shall be accompanied
by a site plan and structural components data for
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the communication device, including details of
anchoring. The City Building Official must approve
the plans before installation.
6. Color/Content: Communication devices shall be of a
neutral color and shall not be painted with scenes
or contain letters or messages which qualify as a
sign.
7. Lightning Protection: Each communication device
shall be grounded to protect against natural
lightning strikes in conformance with the
applicable state and local codes.
8. Electrical Code: Communication device electrical
equipment and connection shall be designed and
installed in conformance with the applicable state
and local codes.
9. Use or the physical presence of the communication
transmission device shall not interfere with the
operation of electronic equipment, including
televisions, radios, computers, etc.
After discussion, motion carried unanimously.
12. Review of plans and specifications for West Bridge Park
warming house/restrooms and authorization to advertise for
bids.
John Simola reported that at the February 10 meeting, the City
Council authorized a contract with TKDA for preparation of
plans and specifications for the West Bridge Park building.
The design was to be based upon a number of changes. In
February, City staff estimated the cost of the structure to be
approximately $50,000, including architectural fees and sewer
and water hookup. The estimated cost of the project would be
$58,000, which is $2,000 under the 1992 budget. The actual
project cost can only be determined, however, by bidding the
project.
Council discussion focused on the method for heating the
structure.
After discussion, a motion was made by Shirley Anderson and
seconded by Brad Fyle to approve the plans and specifications
with the provision that the plans include the use of a single
furnace forced air system. Motion includes authorization to
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advertise for bids with new bids to be returnable on Thursday,
May 7, and reviewed by Council at the regular meeting on
May 11. Motion carried unanimously.
13. Consideration of bids and award of contract for City Hall
parking lot expansion.
John Simola, Public Works Director, reported that the proposed
City Hall parking lot expansion project consists of three
parts: the parking lot construction, including curb and
gutter and storm sewer; restoration and repair of the existing
utility conduits; and new parking lot lighting.
Simola reported that the estimated budget for the project,
including the utility repairs, was $35,000. This amount was
placed in the 1992 budget. Simola reported that based upon
our budget and by using the lowest prices that have been bid,
the City is $415 above budget with the project.
After discussion, a motion was made by Clint Herbst and
seconded by Shirley Anderson to award a contract for the
parking lot expansion to Buffalo Bituminous for $27,619, to
award the electrical work to Olson & Sons Electric for $3,986,
and to purchase the light fixtures and poles from Site
Amenities, Inc., for $3,819, for a total anticipated project
cost of $35,415. Motion carried unanimously.
14. Review of architect/engineer requirement for plans and
specifications --former fire hall remodeling project.
Administrator Rick Wolfsteller reported that at the last
Council meeting, preliminary plans were presented outlining
the proposed remodeling project. The Monticello Help Center
committee was requesting Council permission to begin the
remodeling project in phases to correspond with the amount of
funds they have accumulated. Council was informed that it
appeared that the plans and specifications of the remodeling
project would need to be prepared by a registered architect or
engineer according to the state building code and state law.
Council asked staff to investigate whether the requirement was
a necessity or whether this provision could be waived at the
local level.
Wolfsteller reported that it appears that the City does not
have the right to waive the requirement in this situation.
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Dan Blonigen stated that we are going completely overboard by
requiring that an architect review the plans. Blonigen stated
that the scope of the project is not large enough to justify
an architect's review.
Rick Wolfsteller responded by saying that the state repealed
the exemption for remodeling or building projects that are
less than $100,000.
Ken Maus noted that the City needs to determine what the
intent of the law is. It was his view that care should be
taken that all building code requirements are met during
construction and that no shortcuts are taken. It was his view
that if this occurs, then the intent of the law is met.
Council reviewed the state code further. It was found that if
the building does not change in its use classification in
conjunction with the remodeling, then an architect is not
required. Ken Maus noted that the building will be used
primarily for storage of materials; therefore, it is his view
that the principal use has not changed, and there is no need
to have an architect review the plans.
After discussion, a motion was made by Dan Blonigen and
seconded by Clint Herbst to allow the remodeling to occur
without review of plans by an architect based on the finding
that the project is exempt from the requirement that an
architect review plans because the principal use of the
structure is not changing from its present primary use, which
is warehousing and storage. Voting in favor of the motion:
Dan Blonigen, Clint Herbst, Ken Maus, Shirley Anderson.
Opposed: Brad Fyle.
15. Consideration of accepting responsibility for administering
the interim program of wetland regulations.
Assistant Administrator O'Neill requested that Council
consider becoming the regulating governing unit responsible
for administering the interim program of wetland regulations.
This interim program was created as a subset of the Wetland
Conservation Act of 1991, and the interim program is set to
expire July 1, 1993. Adopting the interim program for wetland
regulation provides the City with the authority to regulate
wetland development within the city. If the City does not
adopt the guidelines, then according to the Wetland
Conservation Act, no development can occur in areas where non-
exempt wetlands would be affected.
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O'Neill noted that the City needs to accept responsibility for
wetland regulations in order for the Cardinal Hills
development to move forward, as certain small wetland areas
are affected by the proposed development.
After discussion, a motion was made by Shirley Anderson and
seconded by Dan Blonigen to accept responsibility for
administering the interim program of wetland regulations for
wetlands within the city of Monticello. Motion carried
unanimously.
Shirley Anderson noted that this set of regulations is another
example of the state of Minnesota imposing responsibilities
upon local government without providing funds to cover the
cost associated with the imposition of the state program.
16. Consideration of a resolution certifying the adequacy of the
wetland replacement plan for phase II of the Cardinal Hills
residential subdivision.
Assistant Administrator O'Neill noted that since Council has
accepted responsibility for administering the interim program,
Council is responsible for applying these guidelines to the
Cardinal Hills residential subdivision. O'Neill asked that
Council review the wetland information relating to the
Cardinal Hills subdivision and consider adopting a resolution
certifying adequacy of the replacement plan.
After discussion, a motion was made by Brad Fyle and seconded
by Shirley Anderson to adopt a resolution certifying the
adequacy of the wetland replacement plan for phase II of the
Cardinal Hills residential subdivision. Motion carried
unanimously. SEE RESOLUTION 92-12.
17. Consideration of a resolution approving plans and
specifications and ordering advertisement for bids,
Project 92-02 (School Boulevard) and Project 92-07 (phase II
of Cardinal Hills).
Assistant Administrator O'Neill reviewed an update to the
plans which called for development of a pedestrian walkway
along the western boundary of the proposed park to School
Boulevard.
Council discussed design concepts and methods for financing
the walkway.
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Tom Holthaus of Value Plus Homes, Inc., indicated that they
would prefer that they would be allowed to construct the
pedestrian walkway and that the plans should indicate grading
of the walkway area only.
Assistant Administrator O'Neill stated that the terms
associated with the developer installing the pedestrian
walkway could be included in the development agreement.
After discussion, a motion was made by Shirley Anderson and
seconded by Clint Herbst to adopt a resolution approving plans
and specifications and ordering advertisement for bids for
Project 92-02 (School Boulevard) and Project 92-07 (phase II
of Cardinal Hills). The plans should include grading of the
pedestrian walkway area with construction done by others.
Motion carried unanimously. SEE RESOLUTION 92-13.
18. Consideration of rescheduling public hearing on the School
Boulevard improvement from 7:00 p.m., April 13, 1992, to
7:00 p.m., May 11, 1992.
After discussion, a motion was made by Shirley Anderson and
seconded by Clint Herbst to reschedule the public hearing on
Project 92-02 from April 13, 1992, to May 11, 1992. Motion
carried unanimously.
19. Consideration of an offer to purchase future 7th Street right-
of-way - Mary Kramer property.
Council reviewed the offer to sell the Mary Kramer property
made by Kramer to the City of Monticello.
Rick Wolfsteller reported that Mary Kramer would like to sell
the property to the City in the amount of $189,300. The
selling price was based on an appraisal of the property
conducted by Jack Maxwell in 1990. Wolfsteller went on to
note that at some point in time, the City will need to acquire
this property in order to extend the 7th Street right-of-way
as outlined in the comprehensive plan. Wolfsteller also noted
that it is his understanding that state aid funds to highways
are available from the state of Minnesota to finance this
purchase because 7th Street is on our state aids to highways
plan.
Brad Fyle and Dan Blonigen both mentioned that the proposed
cost is too high and that it was their view that market value
of the property is less than the asking price.
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Debbie Kramer was present to express the Kramer's genuine
interest in selling the property. She noted that Kramers
would be interested in establishing terms that are favorable
to the City. She noted the problem that they have had in
being able to sell the property. It was her opinion that the
property has not been attractive because it is located in the
path of the future 7th Street.
Ken Maus noted that we have identified 7th Street on our
overall system and have identified its proper route. It's not
whether or not we need it but when we need the home. He noted
that he was in favor of acquiring the property; however, it
was his view that the price and terms should be further
negotiated.
After discussion, it was the consensus of Council to direct
staff to further negotiate with Kramers regarding the purchase
of the subject property.
20. Update from OSM on design of public works facility phase I.
Bret Weiss reviewed the design of the public works facility
phase I. John Simola reported that there have been two
building committee meetings and one staff meeting with OSM and
Winsor/Faricy. Based upon those discussions, we've set a
preliminary schedule for the design and bidding process.
Following are the dates agreed upon:
April 27 Council approval of preliminary plans and
authorization to advertise for bids
May 11 Council approval of final plans
May 29 Bids received
June 8 Award of contract for construction of
phase I
No action requested or taken on this matter.
21. Consideration of purchasing accident insurance coverage for
city volunteers.
Rick Wolfsteller requested that Council consider purchasing a
policy that would protect volunteers working on city projects.
The cost of the insurance is $500 annually.
It was the consensus of Council that the added insurance
coverage is not necessary at this time.
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22. Consideration of a request for (1) day set-up/3.2 beer license
for Ducks Unlimited Banquet and one (1) day 3.2 beer license
for Julv 5 Riverfest Celebration - Lions Club.
A motion was made by Clint Herbst and seconded by Brad Fyle to
approve the license requests as submitted. Motion carried
unanimously.
23. Consideration of Arbor Day Proclamation and observance.
A motion was made by Shirley Anderson and seconded by Clint
Herbst to proclaim Friday, April 24, 1992, as Arbor Day and to
observe it by having a small tree planting ceremony in one of
the parks or on one of the other City properties. Motion
carried unanimously.
Jeff O'Neill
Assistant Administrator
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ATTACHMENT A
Total lots proposed with Cardinal Hills - 252
Minus phase I lots - 24
Minus phase II lots - 49
Remaining lot balance - 179
Total Lot Charge Deferred with Phase II - 49 X 500 = $ 24,500
Lot Charge Deferred/Remaining Lot Balance = $137
($24,500) (179)
Per Lot Deferred + Original Lot Charge = New Per Lot Charge
($137) ($500) ($637)
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