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City Council Minutes 08-26-1985MINUTES REGULAR MEETING - CITY COUNCIL August 26, 1985 - 7:30 P.M. Members Present: Arve Grimsmo, Fran Fair, Bill Fair, Dan Blonigen, Jack Maxwell. 1. Call to Order. 2. Approval of Minutes. Motion was made by Bill Fair, seconded by Maxwell, and unanimously carried to approve the minutes of the August 12, 1985, meeting as presented. 3. Citizens Comments. Mayor Grimsmo noted that Economic Development Director Allen Pelvit has resigned effective August 31, 1985, to accept a position of Chamber of Commerce Director in Cloquet, MN. The Mayor also noted that the City was recently informed it will be receiving $27,000 in LAWCON Grant funds for softball/baseball field improvements. A request was recently made by the Charitable Gambling Board requesting that the City Council formally waive the 30 day notice of appeal, in regard to the St. Henry's Catholic Church Fall Festival gambling license application. Because of the 30 day waiting period, the Gambling Board could not issue the permit for the September 17 and 18 unless the City Council waived a 30 day waiting period. Motion was made by Fran Fair, seconded by Blonigen, and uanimously carried to write a letter to the State Gambling Board notifying them that the City waives its 30 day waiting period for the St. Henry's fall festival gambling permit. 4. Consideration of Reimbursement to Mel Wolters for a Part of the Meadows Pond Construction. At the previous Council meeting Mel Wolters, developer of the Meadows subdivision, appeared before the Council requesting reimbursement from the City for the storm drainage fees charged to the Par West development in the amount of $1,935.84. Mr. Wolters felt that since the City collected the above amount and allowed drainage from other subdivisions to drain into the Meadows Pond which he constructed, he felt the City should refund the entire amount to him. -1- Council Minutes - 8/26/85 The City initially, out of good faith, offered to refund to Mr. Wolters approximately $1,363 of the amount collected with the balance being used to repair the Meadows Pond inlet. Mr. Wolters initially refused to settle for the $1,363 and requested the City pay the entire amount it received from Mr. Sandberg. Mayor Grimsmo briefly summarized how the Pond was required by the Meadows development in lieu of underground storm sewer pipe and noted that the pond was constructed on park dedication land. The Mayor noted that the City upon acceptance of the Meadows subdivision actually owns the pond and has a right to allow other areas to drain into it if the pond is determined to be large enough to hold additional run off. Mr. Wolters engineer who designed the pond indicated to the City that additional drainage from Par West would be acceptable without causing flooding problems. It was noted that after Mr. Wolters refused the initial offer of $1,363, it became the City's position that a refund should not have initially been made to Mr. Wolters as the City is the owner of the pond. Councilman Blonigen agreed with the notion that no refund should have been made at all and along with Councilman Fair, both members felt this would set a precedent for future developers to continually ask the City for reimbursement from possible future connections to utilities paid by previous developers. As a result, motion was made by Blonigen, seconded by Fair, to void the initial check offering $1,363.04 to Mr. Wolters and to deny his request for any reimbursement. Voting in favor was Blonigen and Fair, opposed Maxwell, Bill Fair, and Arve Grimsmo. Councilman Bill Fair noted that all though possibly the procedures and policy regarding any future reimbursements for utility construction should be considered, he felt the City initially made a good faith offer and should honor its original offer of $1,363.04 which includes deductions for maintenance improvements that were necessary at the pond. A motion was made by Bill Fair, seconded by Jack Maxwell, to reissue the check to Mr. Wolters reimbursing $1,363.04 as initially offered, voting in favor Bill Fair, Maxwell, Grimsmo; opposed, Blonigen and Fair. 5. Consideration of Conditional Use Request to Allow Minor Auto Repair and Outdoor Sales in a B-4 Zone - Applicant, Monticello Antn �a1Pa_ Dr. Clarence McCarty requested a Conditional Use Permit to allow for a used car sales facility at the former K & H Auto building which he intends to lease from owner Kenny Stolp. City ordinances do allow as a conditional use outdoor sales in a B-4 zone, but it is limited to five separate conditions being attached to the conditional use. -2- Council Minutes - 8/26/85 The primary condition limits the outdoor sales area for the used cars to 300 of the gross floor area of the principal building which would only allow Mr. McCarty to sell two cars at one time. In addition, a Screened fencing would have to be erected on the property line abutting a residential district and sufficient parking spaces consisting of seven stalls are required. Because of the limited space available according to the ordinance and because of the possible redevelopment of this property along with an adjacent vacant lot, the Planning Commission receommended denial of the conditional use request. For the same reasons noted above, Fran Fair made a motion to deny a conditional use request, which died for a lack of second. City Administrator Eidem noted that the Council has to decide whether a major outdoor sales activity in a downtown B-4 area is what the City Council is looking for or whether this type of activity should be located in or along a B-3 zone. Mayor Grimsmo and Councilman Bill Fair felt that as long as one of the conditions applied to the conditional use permit would require the operator to vacate the property within 30 days if the property is ready for redevelopment, they felt a used car facility would not be a major problem and would be better than leaving the property vacant. Maxwell made a motion to approve the conditional use permit with a limit of 16 cars for sale at any one time provided a 30 day notice is attached if the building is sold and ready for development but withdrew his motion after further discussion centered on the parking requirements being met. A motion was made by Grimsmo, seconded by Bill Fair, and unanimously carried to table the conditional use request until the next Council meeting to enable the applicant to provide additional and site drawings that would adequately address the parking layout design, etc. to meet the City ordinances. 6. Consideration of Revised Stage Development Plan for a Previously Approved Planned Unit Development - Applicant, Mike Reher. A few years ago, Mr. Mike Reher received Council approval on his planned unit development which was known as Victoria Square located south of I-94 and east of Hwy. 25 adjacent to Dundas Road. Mr. Reher at that time did not proceed with the platting of this property and it was now recommended by the City staff that Mr. Reher consider a straight subdivision of the property consisting of four outlots and one block for his proposed townhouse development. -3- Council Minutes - 8/26/85 The basic subdivision would be similar to what was approved two years ago in that a new Cedar Street alignment would be dedicated and the townhouse development would be included also. Questions were raised regarding the townhouse development and the sizes of the proposed garage units for each structure consisting of a 10 1/2 by 21 1/2 foot garage. It was felt that due to these units being individually owned, a 12 foot width rather than a 10 1/2 foot width would be more appropriate for this type of development. Mr. Reher also noted that he tentatively has a commitment for one of the outlots to be used as a day-care center. A motion was made by Fran Fair, seconded by Bill Fair, and unanimously carried to approve the preliminary plan for the subdivision to be known as Victoria Square Addition provided the garage units for the townhouse block consist of 12 foot garage widths rather than 10 1/2 feet. 7. Consideration of Development Stage Approval of Planned Unit Development - Ultra Homes, Inc. Mr. Dickman Knutson, owner of the Meadow Oak development, request that a development stage approval for outlots C, D, & H. The outlots will be known as Meadow Oak Estates 2nd Addition, Meadow Oak Estates 3rd Addition, and Meadow Oak 4th Addition. It is noted that the proposed plats for the above outlots meet all requirements except that the lots do not yet have utilities installed such as sewer, water and street surfacing. It was recommended that before final approval is granted, the developer must supply a written contract for the utility construction or actually install the utilities before approval. A motion was made by Maxwell, seconded by Blonigen, and unanimously carried to approve the development stage of the planned unit development for outlots C, D, & H, to be known as Meadow Oaks Estates 2nd Addition, 3rd Addition, and Meadow Oak 4th Addition with final approval for the subdivisions contingent upon developers supplying a contract indicating that utilities are or are about to be installed. 8. Consideration of Development Stage Plan Approval and Final Approval of a Planned Unit Development - Applicant, Ultra Nnmac Tnr_ Mr. Dickman Knutson, owner of the Meadow Oak development also requested development stage and final stage approval of outlot G which will be known as the Meadow Oak 3rd Addition. It was noted by the staff that the planned 3rd addition does meet all City requirements of the PUD except that hard surfacing of the street has not yet been constructed and recommended that final approval be subject to the improvements being completed. -4- Council Minutes - 8/26/85 A motion was made by Bill Fair, seconded by Maxwell, and unanimously carried to approve the development stage for outlot G to be known as Meadow Oak 3rd Addition. A motion was also made by Maxwell, seconded by Fran Fair, and unanimously carried to approve the final plat for outlot G as submitted, subject to the requirement that all improvements be contracted for or installed prior to recording of the plat. 9. Consideration of Conditional Use Request to Allow a 24 Unit Apartment Building in a R-3 Zone - Applicant, Wayne Wieber. Mr. Wayne Wieber requested a conditional use permit to build a 2 1/2 story conventionally financed 24 unit apartment building on lot 6, block 1, Lauring Hillside. Mr. Wieber also requested a variance to allow a 30 foot driveway access width and also to use landscaping timbers as a barrier around some of the parking lot area in lieu of concrete curbing. The plans indicate that the building will be somewhat recessed into the surrounding landscaped area and the timbers will be necessary under the landscaping program and would provide an adequate insurmountable barrier around portions of the parking lot. Planning Commission recommended approval of the conditional use request and variances for the driveway width and landscape timber usage in lieu of curbing. A motion was made by Bill Fair, seconded by Maxwell, and unanimously carried to approve the conditional use request for the 24 unit apartment building and to approve the variance for a 30 foot driveway width and the use of landscape timbers as barriers in lieu of concrete curb. 10. Considration of Approving an Assent to Land Registration - Applicant, Michael Soltis. Mr. Michael Soltis, who resides along Hart Boulevard, has engaged an attorney to prepare the necessary documents for the registration of title of his property. The City Administrator informed the Council that apparently there are a number of gaps in the title to his property and that to legally provide clear title in the future, Mr. Soltis is seeking to have the property under torrence title. Since the City of Monticello owns abutting land known as Platted River Street, the City must approve of the torrence title application by Mr. Soltis before the procedure can be initiated. A motion was made by Bill Fair, seconded by Maxwell, and unanimously carried to consent to allowing Mr. Soltis to apply for torrence title on his property. -5- Council Minutes - 8/26/85 11. Consideration of a Request to Respread Spacial Assessments in the Meauows Subdivision - hpplicari-, John Sad berg. Mr. Jonn Sandberg appeared before the Council to request respreading of unpaid special assessments including uelinquent installments irum the entire undeveloped 46 lots within the Meadows plat to the 20 lots currently served with sewer, water, street and storm sewer improverments located along Marvin Elwood Road. Mr. Sandberg is currently in the process of purchasing the balance of the Meadows property and in the process would like to have the assessments lifted from 12 interior lots that have no services available along with 2 lots located along Prairie Road and place these assessments against the 20 lots fronting along Marvin Elwood Road which he plans on developing within the next 2 1/2 years for residential homes. The entire subdivision has approximately $191,000 in unpaid and delinquent assessments against all 46 lots. Of this amount, approximately $23,000 is owed against the interior lots which are not currently usable. By respreading all of the assessment balances to the 20 lots, each lot would have a new assessment in the range of $8,800 which Mr. Sandberg feels is feasible for development. As part of the respreading agreement, Mr. Sandberg proposes to pay $2,863.50 in real estate taxes for the years 1984 and 1985 on the entire plat immediately. As part of the proposed reassessment request, Mr. Sandberg also asked the Council to consider extending Marvin Elwood Road approximately 200 ft. through the Edgar Klucas property to connect to River St. at an estimated cost of $10-12,000. Mr. Sandberg felt the road extension would be needed in the area at some time in the future and requested that the City pay for all cost involved. Mr. Sandberg also at this time presented a preliminary sketch on how he proposed to replat the 26 lots within the Meadows subdivision from the current smaller residential lots into larger multiple family building lots. He felt that the area currently undeveloped would be suitable for replatting into multiple family R-3 zoning since it abuts R-2 zoning and industrial property owned by Edgar Klucas. City Administrator Eidem informed the Council that the only item before the Council at this time is the consideration of respreading the special assessments and that rezoning request would have to be handled through a public hearing starting with the Planning Commission etc. Although Mr. Sandberg understood that no action could be taken on the rezoning request, he wanted the Council to be informed of his plans and felt that as long as the City is reviewing the comprehensive plan at this time, now would be the time to present the R-3 zoning so the public could comment on it. It was Mr. Sandberg's opinion road extension, rezoning, and are necessary for the project Council Minutes - 8/26/85 that all three requests of the respreading of the assessments to be feasible. After reviewing all three items requested, it was the general concesus of the Council that R-3 multiple family as proposed by Mr. Sandberg be included at the informational hearings on the comprehensive plan review. In addition, it was the concesus of the Council to wait for Mr. Sandberg to complete ownership of the property and to wait for a formal replat to be submitted for staff review before assessments are considered for reassessment. 12. Consideration of a Resolution Establishing a Portion of Marvin Road as a Minimum Maintenance Road. City Administrator Eidem said that after reviewing this item with street superintendent Roger Mack, it was suggested that the staff needs more information regarding the City's obligation under minimum maintenance of roads and requested that this item be tabled for the present time. 13. Consideration of Ordinance Amendment - Animal Inpoundment Length. The City of Monticello currently contracts for inpoundment services with various surrounding townships and cities who have used the State requirement of holding dogs for a five day period only. The City's current ordinance indicates that dogs will be held for seven days, and in order to provide a consistent time period for keeping dogs that are not claimed, it was recommended that an ordinance amendment be adopted changing the length of impoundment for City of Monticello dogs from seven days to five days. A motion was made by Fran Fair, seconded by Bill Fair, and unanimously carried to adopt ordinance amendment #147 changing the length of impoundment from seven days to five days that a dog will be kept before being disposed of. 14. Consideration of Six Month Liquor Store Financial Report. Liquor Store Manager Mark Irmiter was present to review with the Council the six month financial report for the liquor store operations. After reviewing the report, it was accepted as presented. In a related item, the Council set Monday, September 9, at 6:00 P.M. as the time for interviewing candidates for the liquor store manager's position which Mr. Irmiter will be vacating September 1, 1985. -7- Council Minutes - 8/26/85 15. Approval of Bills. A motion was made by Fran Fair, seconded by Maxwell, and unanimously carried to approve the bills for the month of September as presented except for check #11922 in the liquor fund which will be held until the project is completed. Rick Wolfstel r Assistant Administrator