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City Council Minutes 04-24-1989MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, April 24, 1989 - 7:30 p.m. Members Present: Ken Maus, Fran Fair, Warren Smith, Dan Blonigen, Shirley Anderson Members Absent: None 2. Approval of minutes. Motion was made by Dan Blonigen, seconded by Shirley Anderson, and unanimously carried to approve the minutes of the regular meeting held April 10, 1989. 3. Citizens comments/petitions, requests, and complaints. Rhonda Thielen, of 1020 Meadow Oak Drive in Monticello, voiced her concerns regarding public nuisance related problems in the Meadow Oak Subdivision. Thielen went on to make the following requests: 1. The City should provide better enforcement of existing public nuisance ordinances. 2. Action needs to be taken to control garbage in the development associated with the construction of houses and that the practice of creating dirt piles on vacant lots in anticipation of house construction needs to be regulated by the City. The dirt piles are a dangerous playground for children and are impossible to mow once weeds set in. 3. Property owners should be required to sod and seed their yards within a reasonable time period. 4. Thielen requested that the City take steps to assist local homeowners in protecting the value of their individual investments. 5. The City is asked to regulate placement of recreation vehicles, boats, etc., in the Meadow Oaks area, as the lots are too small to allow placement of such items in the front yard areas. 6. Thielen was generally unpleased with the weeds and garbage in the Meadow Oaks Development and that the City should take a "get tough" approach to enforcing its existing ordinances and possibly creating new ordinances to address the problems that have developed in the area. It was her view that this action needs to be taken especially in light of the fact that the covenants regarding the regulation of that property were never filed even though it was a Council requirement at the time of the platting of the property. 1 Council Minutes - 4/24/89 Mr. Thielen also spoke on the topic and suggested that the City develop a system of issuing fines to those that violate public nuisance ordinances. Jamie Schwartz asked that the City apply pressure to the developer to encourage him to follow through on promises to sod and seed lots. She also noted that the dirt hills are a safety hazard for children and that the pond in Meadow Oaks should be fenced for the safety of children. Rick Bush requested that the City do something to discourage people from cutting through his yard to get to the park. Mayor Maus noted that staff will address these concerns and prepare alternatives for action to the City Council at the next meeting. He went on to mention that the City may wish to enter in with the residents in a class action suit against the developer for violating the covenants associated with the development. 4. Consideration of amendment to the Zoning Ordinance to allow auto bi shops as a conditional use within the B-3 (highway business) zone. Assistant Administrator O'Neill reviewed the recommendation of the Planning Commission which was in favor of allowing auto body activity to occur in the B-3 zone provided that numerous conditions are adhered to. Ken Maus reviewed the proposed conditions and suggested that the vehicle storage area be limited to 50% of the floor space of the structure housing the auto body shop rather than 30% of the floor space. It was his view that it would be more likely that all the vehicles that were to be serviced by the body shop would remain inside the storage area if it was slightly larger. He also suggested that the floor of the vehicle storage area shall consist of asphalt or concrete paving. Mayor Maus also noted that the development of an auto body shop in this area does tie in with the existing land uses and that given the conditions listed, it is likely that the auto body shop will have a positive impact on the neighborhood. Fran Fair concurred with this viewpoint. Warren Smith noted his concern regarding this issue and indicated his uneasiness about allowing auto body shop activity to occur in the B-3 zone. It was Smith's view that it will be difficult to guarantee the adjoining property owners that their property values will not be diminished by the presence of an auto body shop in the neighborhood. After continued discussion, motion was made by Dan Blonigen, seconded by Shirley Anderson, to include auto body repair as a conditional use, including but not limited to the following conditions: a. Door opening to service area garage must not face street frontage. b. Vehicle storage area limited to 50% of floor space of the structure housing the auto body shop. 2 Council Minutes - 4/24/89 c. All vehicles being serviced and all vehicle parts must be stored inside or in vehicle storage area. d. Vehicle storage area shall be enclosed by enclosure intended to screen the view of vehicles in storage from the outside. Enclosure shall consist of a six-foot high, 100% opaque fence designed to blend with the auto body shop structure and consisting of materials treated to resist discoloration. e. The floor of the vehicle storage area shall consist of asphalt or concrete paving. f. No work on vehicles or vehicle parts shall be conducted outside the confines of the auto body shop. g. The advertising wall facing the public right-of-way shall consist of no more than 50% metal material. h. The secondary or non -advertising wall facing a public right-of-way shall utilize a combination of colors or materials that serve to break up the monotony of a single color flat surface. i. The development shall conform to minimum parking and landscaping requirements of the Zoning Ordinance. j. No conditional use permit shall be granted for an auto body shop within 600 feet of a residential or PZM zone existing at the time the conditional use permit is granted. Motion based on the finding that the amendment is consistent with the Comprehensive Plan, the amendment, and concurrent conditions result in auto body shop activity being compatible with the character of the 1 surrounding area. Voting in favor of motion: Ken Maus, Fran Fair, Dan Blonigen, Shirley Anderson. Opposed: Warren Smith. SEE ORDINANCE AMENDMENT NO. 175. 5. Consideration of a conditional use permit request - Monticello Auto Body. Assistant Administrator O'Neill reported that the Planning Commission recommended to the City Council that Monticello Auto Body be awarded a conditional use permit as requested. Warren Smith noted that since the Council had agreed to establish auto body activity in the B-3 zone that he would not oppose this particular conditional use request, as it was his view that auto body shop activity at this particular location is appropriate. There being no further discussion, motion was made by Fran Fair, seconded by Dan Blonigen, to grant Monticello Auto Body Shop a conditional use permit to allow the operation of an auto body shop in the B-3 zone. Applicant must comply with all conditions included in the recent zoning amendment. Motion carried unanimously. 6. Consideration of resolution receiving report and approving plans and specifications and ordering public hearing on Mississippi Drive improvement project. City Engineer, John Badalich, reviewed the preliminary cost and feasibility report which indicated that the proposed construction will 3 Council Minutes - 4/24/89 cost approximately $144,000. John Simola suggested that the feasibility study may include costs that are slightly conservative, and it is his view that the ultimate cost of the improvement with some modifications to the plans will be closer to $80,000. At this point in the meeting, Council discussed a potential method of assessing the cost of the project. It was the view of Mayor Maus that the adjoining property owners should not be required to pay 100% of the cost of the project because the original street did not achieve its design life of 15-20 years. Dan Blonigen did not necessarily support the idea of the City paying a portion of the cost to reconstruct Mississippi Drive. He was also concerned that the City will be placed in a position to reconstruct the entire street because the original street was designed and constructed incorrectly. John Badalich responded by saying that all streets are not designed to last 20 years and that this particular street, given the poor subsoil conditions, could not be expected to last as long as a street located in another area in Monticello. Shirley Anderson noted that this seems to be a good time for the construction to occur given the favorable prices. John Simola concurred and noted that the City should push ahead with this reconstruction in order to receive the benefit of the favorable construction costs available at this time. There being no further discussion, motion by Fran Fair, seconded by Shirley Anderson, to order a public hearing for improvements, approve plans and specifications, and authorize advertisement for bids on the Mississippi Drive improvement project. The public hearing date to be set for May 22, 1989, at 7:30 p.m. Motion carried unanimously. SEE RESOLUTION 89-13. 7. Consideration of cost study for street upgrading within the Oakwood Industrial Park and ordering public hearing on the improvement. John Badalich reviewed the history behind development of the existing streets in the Oakwood Industrial Park area. Badalich noted that the cost to bring industrial park roads from their existing capacity to 10 tons will range from $245,000 to $420,000 depending on which streets are selected for improvement. Council reviewed the alternatives and determined that it would not be necessary to improve Fallon Avenue at this time. Mayor Maus noted that the Industrial Development Committee had recommended that a feasibility study be developed for this project but had not recommended a plan for financing this program. Now that the cost estimates are in, this information should be returned to the Industrial Development Committee for further input regarding financing. It was the consensus of Council to go ahead with ordering plans and specifications for this improvement, as the engineering information will be useful in the future even if the project is not ordered today. Council was again reminded that the cost to overlay this area will never be cheaper than it is this year and that this matter needs to move ahead in order for 4 Council Minutes - 4/24/89 the City to gain the benefit of the reduced prices associated with the County Road 39 overlay work scheduled for early this summer. After discussion, motion was made by Fran Fair, seconded by Warren Smith, receiving feasibility study and ordering a public hearing for improvements, and authorizing advertisement for bids on the street upgrading within Oakwood Industrial Park. The public hearing date to be set for May 22, 1989, at 7:30 p.m. Motion carried unanimously. SEE RESOLUTION 89-14. 8. Consideration of establishing Council representatives on Economic Development Authority. Fran Fair and Warren Smith volunteered to serve on the Economic Development Authority. Tenure of the Council membership on the EDA runs parallel to the Council members term of office. 9. Consideration of authorizing Deputy Registrar appointment. Administrator Wolfsteller informed Council that he is recommending Pat Kovich for the position, as she has four years of experience as a Deputy Registrar Clerk. After discussion, motion was made by Shirley Anderson, seconded by Fran Fair, to appoint Pat Kovich to the position of Deputy Registrar Clerk at a base salary of $7.50 per hour. Motion carried unanimously. 10. Consideration of authorizing Junk Amnesty Day - May 20. 11. Motion made by Dan Blonigen, seconded by Warren Smith, to authorize Junk Amnesty Day for May 20, 1989. Motion carried unanimously. Consideration of request by Monticello Township to modify previousl adopted fire agreement on aerial ladder truck. Motion made by Dan Blonigen, seconded by Shirley Anderson, to re -affirm the previously adopted fire agreement on aerial ladder truck. Motion carried unanimously. 12. Consideration of adopting Softball/Baseball Association agreements for use of NSP softball fields. City Administrator Wolfsteller noted that although the Softball Association and Baseball Association are aware of our regulations concerning usage of the field, including reservations, tournaments, etc., staff feels a policy should be adopted. Although it appears that by only charging the Softball Association $125 for every team that participates and a tournament fee in addition revenue will not match the expected maintenance and operation costs of the field, the fees expected will help offset the cost of this complex. The $125 charge is similar to other communities. If the intent is to cover 100% of our operating cost, the cost may be prohibitive. 9 Council Minutes - 4/24/89 Councilmember Blonigen outlined his opposition to utilizing general tax money to maintain this ballfield which is primarily used by organized leagues. Shirley Anderson concurred with this viewpoint. Ken Maus stated that this facility is used at times by the general public and that the City should be responsible for financing a portion of the basic expenses associated with maintaining the fields. It was also noted by Kevin Hoglund that the fields are used by the Little League teams and that the Softball Association does not have unlimited access to the fields. After discussion, motion was made by Warren Smith, to adopt the agreement with the Softball Association with the provision that the Softball Association submit a financial report to the City by October 1, 1989, which spells out concession revenue earned by the Softball Association for the year. Motion seconded by Fran Fair. Motion passed unanimously. 13. Consideration of ratifying new Fire Chief appointment. Motion made by Warren Smith, seconded by Shirley Anderson, to approve the appointment of Jerry Wein to the position of Fire Chief. Motion carried unanimously. Council also recognized and commended Willard Farnick for his outstanding performance as Fire Chief. 14. Consideration of authorizing purchase of replacement diverter gate mechanism - WWTP. After discussion, motion was made by Shirley Anderson, seconded by Dan Blonigen, to authorize replacement of the diverter gate control unit from Limitorque Corporation of Willowbrook, Illinois, for a cost of $2,800. Motion carried unanimously. 15. Provide recommendation to Council representative to OAA on proposal to rezone agricultural land to R-1 usage. Property located at the northeast 1/4 of Section 22, Township 121, Range 25. Property also known as the Berry Farm. Assistant Administrator O'Neill informed Council that the developer has withdrawn his application for rezoning at this time and that the OAA will not be hearing this matter at the May meeting. O'Neill did go on to inform the Council that the OAA will be discussing a request submitted by Kurt Markling to subdivide property from the property owned by Robert Krautbauer. This property is located along the eastern edge of the city limits and is divided by the freeway. Markling is applying for a variance which would allow the legal subdivision of land that is physically separated by the freeway. It was the consensus of Council that the representative of the City to the OAA should support this request for a variance. Council Minutes - 4/24/89 16. Consideration of Extended Area Service endorsement. Council was informed by Economic Development Director, 011ie Koropchak, that the Industrial Development Committee requests that the City consider endorsing the study of gaining Extended Area Phone Service. Koropchak informed Council that 100 additional names are needed in order for the City's petition to be valid. Submittal of a valid petition only creates the potential for bringing a matter to a vote at some time in the future. The cost per residence for Extended Area Service will be available at such time that the vote is taken. It was Shirley Anderson's concern that there may be people who cannot afford metro area service. Dan Blonigen noted that many people do not need metro area service and the higher bill that these people will pay will be used to subsidize those individuals that use metro service. Ken Maus reiterated the fact that supporting this petition will contribute towards bringing the matter to a vote of the people and that he supports the concept of opening up the question of whether or not to obtain metro area service to the people. After discussion, motion was made by Fran Fair, seconded by Warren Smith, to endorse Extended Area Phone Service to the city of Monticello. Voting in favor: Dan Blonigen, Ken Maus, Fran Fair, Warren Smith. Opposed: Shirley Anderson. 17. Review of year-end liquor store financial report. Ken Maus commended the manager of the liquor store for the improved performance of the facility. Maus noted that gross profits had increased; but more importantly, net profits after adjustments for interest earnings had increased at a greater rate than gross profits. It was noted that the 1988 operating profits amounted to $94,000. 18. Consideration of bills for the month of April. Motion was made by Warren Smith, seconded by Fran Fair, to approve payment of bills for the month of April. Other Matters. Councilmember Smith asked for a report on the vaccination clinic that was held recently. Public Works Director Simola reported to Smith that he observed that numerous animals were vaccinated at the clinic that would more than likely not have been vaccinated. He went on to report that the vaccination process went smoothly. Councilmember Smith was concerned that the information given to Council prior to establishing the clinic was not completely objective and that he was not informed that the State Veterinarian Association is not in support of such clinics. 7 Council Minutes - 4/24/89 Administrator Wolfsteller reported that numerous cities, including Minneapolis, Elk River, Clearwater, and Big Lake have conducted similar i clinics in the past and have had similar successes. There being no further business, the meeting was adjourned. Respectfully submitted, � ry ,Teff O'Neill Assistant Administrator J