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City Council Minutes 08-11-1980MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL August 11, 1980 - 7:30 P. M. Members Present: Arve Grimsmo, Fran Fair, Ken Maus, Philip White. Members Absent: Dan Blonigen. Citizens Comments: Diane Jacobson, property owner in Anders Wilhelm Estates, referring to a drainage problem that exists on the east side of Anders Wilhelm Estates, asked the Council when the developers of the project will be constructing the drainage swail as promised. Mrs. Jacobson indicated that Ralph Munsterteiger, of Sandberg Realty, and Mei Wolters, one of the developers in Anders Wilhelm, previously indicated at a Council meeting that this drainage ditch would be constructed to alleviate the problem on the City's easement. She indicated that to date, no action has been taken by any of the parties involved, and requested that the City intervene. Mr. Munsterteiger and Mel Wolters both indicated that since the City cannot authorize the developers to go on the easement unless NSP gives approval, since they have a prior easement, Mr. Wolters agreed to talk to all the property owners involved in an effort to get approval from them so that the drainage ditch could be constructed. It was noted that one of the property owners has presently a garden on the site where excavating would have to take place, and Mr. Wolters will be checking with them to see if he would agree to allowing him to go through his garden. 1. Consideration of Subdivision Request for John Sandberg in Sandberg's Riverside Addition. Mr. John Sandberg requested that the Council reconsider the previous denial for a subdivision of Lots 3 & 4, Sandberg's Riverside Addition, into three residential lots to be called "Riverside First Addition" Lots 1, 2 and 3. At the last Council meeting, Mr. Sandberg's request was denied primarily due to the abutting property owners opposition in that the property owners based their original purchase of the property on the fact that the initial platting of the land would be large lots with no newly created small parcels. Mr. Sandberg felt that the City should approve his subdivision since it does meet all of the City's ordinance requirements and that he had never indicated to any of the prospective purchasers of the lots in Sandberg Riverside Addition that the remaining lots would never be subdivided. - 1 - Council Minutes - 8/11/80 Mr. Sandberg felt that if the two property owners in opposition to the subdivision were actually concerned that the other lots would never be subdivided, they should have asked for a covenant, because without the covenant, it would be a civil matter between the abutting property owners and himself, not involving the City. Discussion occurred relative to the remaining parcel owned by John Sandberg, which is Lot 5. In regards to this lot, the Council questionned whether this 69,000 square foot lot could be subdivided in the future, thus creating additional residential lots in the subdivision. Mr. Sandberg answered that this parcel is not part of his request at this time, but that possibility would exist under the current City ordinances. Mr. Ron White and Mel Wolters both expressed opposition to the replatting, but indicated that they would be more agreeable to allowing this sub- division if Mr. Sandberg would put a covenant on Lot 5 indicating that it would not be subdivided in the future. In regards to the assessments for public utilities, Mr. Sandberg indicated he would be willing to reimburse the other property owners in the subdivision their share of the cost had this lot been originally part of the first plat. This reimbursable amount would be approximately $800 per parcel. In light of the fact that the abutting property owners would no longer be opposed to this replatting if a covenant was placed on the remaining Lot 5, a motion was made by Phil White, seconded by Fran Fair and unanimously carried to approve the preliminary plat of the replat of Lots 3 & 4, Riverside Addition, into Lots 1, 2 & 3, Riverside First Addition, contingent upon a covenant being placed on Lot 5 indicating that this lot would not be subdivided as long as Mel Wolters and/or Ron White homestead their present property in Riverside Addition. It was noted that the final plat submitted should include new drainage easements with the vacation of the old easements. (See Exhibit 8/11/80 #1). 2. Consideration of Final Payment to Northdale Construction Company on 1978-1 Improvement Project. The purpose of this item was to consider final payment to Northdale Construction Company on the 1978-1 Improvement Project. A retainage amount of $4,000 was withheld from Northdale Construction Company for the purpose of completing the drainage ditch through the Country Club property. The initial contract amount was $1,087,044, and the final value of work completed based on actual quantities would amount to $1,065,106.72 including the $4,000 retainage amount. Motion was made by Ken Maus, seconded by Fran Fair and unanimously carried to approve final payment to Northdale Construction Company in the amount of $4,000 on the 1978-1 Improvement Project, contingent upon Northdale completing the cleanup and grading and replacing the black dirt at the southwest corner of Elm Street and Country Club Road, the replacing of 50 yards of sod at the lift station site, and receiving a letter from the Country Club indicating that the ditch through their property is completed Council Minutes - 8/11/80 satisfactorily. The total contract amount would be $1,065,106.72. 3. Consideration of Pursuing Acquisition of Additional Land for Library Site. Previously, the library project committee members requested direction from the City Council on the possibility of acquiring additional land for the library site. The library project committee members felt that a 6,000 square foot building as proposed would be hard to situate on the two lots given to the City by the School District, and recommended that the City consider acquiring additional land from either Mr. Bob Dowling or pursuing acquiring the Bondhus property from the School District. The School Board, at their last meeting, passed a resolution stating that they would be willing to sell the Bondhus property to the City for additional library property, but a dollar figure had not been set. In addition, the Bondhus property has a covenant which indicates that the property must be used for School purposes or playground purposes, and to use the site for a library would require either contacting Mr. Bondhus to release the covenant or having the City Attorney, Gary Pringle, get a declaratory judgment from the courts indicating that a library would be within the scope of the meaning of the covenant. Since the library committee has not been able to contact Mr. Bondhus as of yet, motion was made by Phil White, seconded by Fran Fair and unanimously carried to table any action on acquiring additional property until such time as Mr. Bondhus can be consulted about the City's intentions. 4. Appointment of Election Judges for State Primary and General Elections. State statutes require the appointment of election judges 25 days prior to any election. The following individuals meet the qualifications for appointment as election judges for the September 9, 1980 Primary and November 4, 1980 General Election: Marie Toenjes Arnold Strehler Herman Busch Joanne Link Anne Voll Lucille Clausen Marvel Trunnell Bette Grossnickle Betty Lund Leona Kline Ma ryJo Quick Ruth Harstad Colleen DeBoer Fern Anderson Jeanette Host Marion Doerr - 3 - Kaye Gauthier Julie Schlief Joanne Becker Cecil Kelling Don Nagel Council Agenda - 8/11/80 Motion was made by Phil White, seconded by Fran Fair and unanimously carried to appoint the above listed individuals as election judges for both the Primary and General Elections, with Mrs. Lucille Clausen as the Election Board Chairperson, with the location of the polls to be the City Hall with voting hours from 7:00 A.M. to 8:00 P.M. In addition, the hourly rate of pay for the election judges was set at $4.50 per hour. 5. Review of Six Month Financial Statement - Municipal Liquor Store. The Council reviewed with Mark Irmiter, Manager, the six month finan- cial statement for the Municipal Off -Sale Liquor Store operation. The financial statements indicate a sales increase of approximately 18.6% over 1979 figures, with gross profit increasing $16,000 or 28% over last year's figures. Mark also discussed with the Council the future possibility of adding a small storage building for waste materials such as cardboard boxes, etc., or the possibility of purchasing a baling machine for the cardboard, or an incinerator. The waste disposal problem may be something that will have to be considered in the future, as with increased sales, the inventory continues to generate a lot of cardboard waste material, etc. No action was taken by the Council other than review of the financial statements with Mark, as presented. (See Exhibit 8/11/80 #2). 6. Consideration of Approval of Building Inspector Attending the I.C.B.O. Conference in Albuquerque, New Mexico. The purpose of this item was to consider the request made by Loren Klein, Building Official, to attend the International Conference of Building Officials conference in Albuquerque, New Mexico the week of September 22nd. It was noted that this item had been budgeted for in the Building Inspec- tor's 1980 budget, and would cost approximately $875, including travel, lodging and registration fees. Questions raised by the Council concerned whether there would be a determinable value to the City from having Loren attend the conference. After discussion, motion was made by Phil White, seconded by Fran Fair to approve authorizing the building official to attend the I.C.B.O. conference September 22 - 26, 1980. Voting in favor: Phil White, Fran Fair. Opposed: Arve Grimsmo, Ken Maus. The motion was not approved and died for a lack of majority vote. (See Exhibit 8/11/80 #3). - 4 - Council Minutes - 8/11/80 7. Approval of Minutes. Motion was made by Phil White, seconded by Ken Maus and unanimously carried to approve the Minutes of July 28, 1980 Council Meeting with the recommended additional paragraph added to agenda item 8, as presented. (See Exhibit 8/11/80 #4). 8. Consideration of Historical Committee's Funding Request for Exhibit Projects Mrs. Marion Jameson, Wright County Historian and member of the Monticello Historical Committee, requested funding from the City for setting up exhibits, etc., at the Historical Museum. Mrs. Jameson, in a letter submitted to the Council, estimated the cost of the exhibits, photo and artifact displays, to run approximately $1,000. She noted that the above projects would utilize volunteers for building the displays and for reproducing and enlarging the photos. In addition, a brochure was planned which would outline an historic tour locating points of interest in Monticello. It was noted that approximately $1,000 was budgeted in previous years for exhibits, displays, etc. at the historical museum that was not used. Motion was made by Phil White, seconded by Fran Fair and unanimously carried to approve allocating $1,000 for the Historical Committee to use for exhibits and photo displays. City Administrator, Gary Wieber, and Marion Jameson will be reviewing possible alternatives for manning the Historical Center, which could utilize CETA employees or Senior Citizens, etc. (See Exhibit 8/11/80 #5). 9. Consideration of Purchase of Water Dump Tank Liner for Fire Department. A request was made by the Fire Department for the possible purchase of a new liner for their water dump tank, in the amount of $475. Council members viewed the water dump tank at City Hall, and were shown the condition of the liner with its various leaks. Although money was not budgeted in 1980 for the purchase of this liner, the Fire Department requested that the Council consider this purchase in 1980 rather than 1981 . Motion was made by Phil White, seconded by Fran Fair to authorize the Fire Department to purchase a new liner for the water dump tank in the amount of $475. Voting in favor: Arve Grimsmo, Phil White, Fran Fair. Opposed: Ken Maus. - 5 - 10. Council Minutes - 8/11/80 The above item will now be brought forward to the Monticello Township for their approval, as part of the Joint Fire Board Agreement. Consideration of Certificate of Occupancy Variance Request - Mel Wolters in The Meadows Plat. Mr. Mel Wolters requested permission to occupy one of the new homes he is building in The Meadows subdivision plat. The reason for the variance request was that previously, agreements had been reached with Mr. Mel Wolters and Ralph Munsterteiger which indicated that all of the rough grading and ponding area in the subdivision plat be completed prior to any certificate of occupancy permits being issued for new homes in the subdivision. Mr. Wolters indicated that part of the ponding area has been completed and a small swail could be constructed from the ditch along Prairie Road leading to the partially completed pond to alleviate any problems from flooding for the one house that he requested occupancy on. John Badalich, City Engineer, felt that the ponding area and all grading in the subdivision should still be completed prior to the City allowing occupancy of any homes. It was his opinion that although there may not be any particular problem with the one house requested for occupancy, problems have existed in past history that lead to his recommendation to have all the ponding areas completed prior to any occupancy. Mr. Wolters indicated that he has been working hard to get the ponding area and grading completed, and that no additional occupancy requests would be needed prior to completion of the entire ponding area. It was also noted by John Simola, Public Works Director, that the ponding area in question will have to be finished with 4" of black dirt to enable grass to be grown in the park. Motion was made by Phil White, seconded by Fran Fair and unanimously carried to approve the certificate of occupancy variance request for the one house in The Meadows plat, contingent upon completion of the entire grading plan and ponding area per specifications and agreement before any other occupancy permits are granted. 11. Review of Traffic Problems Along Highway 25 and County Road 117 Information was presented to the Council that the County Engineer will be studying the possibility of widening County Road 117 between Highway 25 and the Industrial Park, due to the heavy traffic demand and truck parking, etc. - 6 - Council Minutes - 8/11/80 The Council also discussed the State Highway Department's requirement that a right turn lane be constructed along Highway 25 leading into Sandberg South subdivision. It appeared that many other questions needed to be answered by the State such as additional traffic signs, speed limits, possible left turn lane onto 117, etc., before a right turn lane is constructed. It was the consensus of the Council that some of these questions be answered by the State Highway Department studies before actual instal- lation of their requested right turn lane. 12. Miscellaneous Items. Mayor Grimsmo explained to the Council that the League of Minnesota Cities has sent a survey questionnaire to all cities in Minnesota seeking the City's opinion on whether they would contribute money towards the construction of a new central office building for the League. It was noted that although the League had not requested a specific dollar amount, the questionnaire requested whether the City would be able to contribute a lump sum or installment plan for their portion of the cost. Mayor Grimsmo will fill out the questionnaire and return it to the League indicating Monticello's willingness to participate contingent upon knowing the dollar amount involved. Meeting adjourned. Rick Wol fste11 , Assistant Administrator RW/ns - 7 -