City Council Minutes 08-27-1984MINUTES
REGULAR MEETING - MONTICELLO CITY COUNCIL
August 27, 1984 - 7:30 P.M.
Members Present: Arve Grimsmo, Fran Fair, Ken Maus, Jack Maxwell,
Dan Blonigen.
Members Absent: None.
1. Call to Order.
2. Approval of Minutes.
Motion was made by Maxwell, seconded by Blonigen, and unanimously
carried to approve the minutes of the regular meeting held August 13,
and the special meeting held August 20, 1984.
4. Public Hearing - Rezoning Request to Rezone Blocks 50 and 51
from B-4 to R -B - Applicant, City of Monticello.
Almost two years ago, the HRA and City Council were presented
with a proposal to develop elderly housing on the north side
of Block 51. Although the developer has changed, the nature
of the project has not, and the property would have to be rezoned
to either R-3 or R -B to allow elderly housing project to continue.
Initially, a public hearing was held by the Planning Commission
for the purpose of considering rezoning this property from B-4
to R-3, Multiple Family, and concerns were raised by abutting
property owners, Gustafson and Brenny, as to whether rezoning
would then make their property non -conforming uses. As a result,
the Planning Commission recommended that the City Council hold
an additional public hearing for the purpose of considering
rezoning the property from B-4 to R -B, which would allow multiple
family residential uses and also allow single family homes along
with some limited businesses as all permitted uses.
In addition to Block 51, the City staff, along with the City
Planner, reviewed the area and recommended that the north half
of Block 51 along with the north half of Block 50 be considered
for rezoning. No comments were heard from the public regarding
the rezoning; and as a result, motion was made by Maus, seconded
by Fair, and unanimously carried to adopt an Ordinance Amendment
rezoning Lots 11-15, Block 50, and Lots 11-15, Block 51, from
B-4 to R -B, Residential Business. See Ordinance Amendment No. 140.
5. Consideration of Selection and Appointment to the Fire Hall
Building Committee.
In order to expedite the site selection process and building
design process, TKDA and staff recommended that the City develop
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a building committee that could serve as the intermediate between
the architect and City Council. The City staff recommended
Council members Fran Fair and Dan Blonigen as City Council representatives,
Tom Eidem and Gary Anderson as City staff members, and Doug
Pitt as the Fire Department representative.
Motion was made by Maus, seconded by Maxwell, and unanimously
carried to appoint the five individuals listed above to the
Fire Hall Building Committee and to also allow the Fire Department
to have the Fire Chief as the second representative if they
so desire, making a total of 6 on the Building Committee.
6. Consideration of Entering a Contract with TKDA.
After recently interviewing numerous architectural firms, the
City Council selected the architectural firm of TKDA for services
in designing a new City Fire Hall.
Before work can begin, a contract or agreement would have to
be signed between the architect and City. A standard contract
form was submitted by the architect for City review along with
a separate authorization for professional services agreement
that would authorize the architect to start on Phase I, which
included site analysis and some conceptual design/cost estimate
figures.
In reviewing both the contract and the authorization to proceed
with Phase I agreement, there appears to be conflicting language
concerning compensation that would be paid to the architect.
In the general contract, reference is made to a billing rate
schedule for employees along with additional charges that can
be made for travel, computer services, and other professional
services of the architect. The second agreement dealing with
Phase I refers to a lump sum charge of $8,000.00 rather than
being paid by the hour, etc. Council members were concerned
that there may be extra charges for additional man hours or
services provided by the architect according to the basic contract,
whereas the City's intent was to have a lump sum figure only.
Council members were informed that the City staff had contacted
the architect regarding this apparent conflict in language,
and it was noted that the authorization to proceed with Phase
I agreement is the one that would be in effect for a lump sum
of $8,000.00 and that the first contract would describe how
future billings may occur if additional phases are completed
by the architect. It was noted that even with the lump sum
figure of $8,000.00, the City may have additional expenses such
as soil borings or survey maps, etc., that may be necessary
for the architect to complete his Phase I.
Motion was made by Fair, seconded by Maus, and unanimously carried
to enter into an agreement for basic services with the architectural
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firm of TKDA along with approving the authorization to proceed
with Phase I for a total cost of $8,000.00 only with the stipulation
that either the basic contract language be changed to clarify
this item or that a letter be attached to the agreement from
the architect specifying that Phase I will be $8,000.00 only.
7. Consideration of Accepting Bids on Sale of Old Fire Truck.
Recently, the City Council authorized the Fire Department to
advertise the 146 Chevrolet truck for sale. Only one bid was
received from a gentleman in Blaine, Minnesota, in the amount
of $1,000.00.
Public Works Director, John Simola, recommended to the Council
that the City consider keeping the 146 fire truck for the purpose
of using it during the summer months for watering lawns, trees,
shrubs, etc., rather than accepting the low offer of $1,000.00.
It was the consensus of the Council that the one bid was not
acceptable and the bid was rejected, and the Public Works Department
will be keeping the vehicle at the present time.
8. Consideration of a Proposal to Resolve the Bill with Owens Corporation.
Last winter when the City Hall furnace went down, the City was
utilizing Owens Corporation out of Minneapolis to make repairs.
After a number of incidents that left the City somewhat dissatisfied
with their service, the City elected to transfer the completion
of the job to a St. Cloud firm. In closing out with Owens Corporation,
the City challenged and disputed $215.25 of a bill submitted
by Owens Corporation, and payment was withheld.
Owens Corporation has continued to bill the City for this amount
in dispute; and in order to clear up the matter after months
of correspondence and discussions, Owens Corporation has offered
to split the bill in half for a quick settlement.
It was recommended by the staff that the City accept this offer
primarily as a method to clear up the matter. Motion was made
by Maxwell, seconded by Blonigen, and unanimously carried to
accept the offer of splitting the bill in half authorizing payment
in the amount of $107.65.
9. Consideration of Final Plat Approval, Meadow Oak 3rd Addition -
Applicant, Ultra Homes, Inc.
Ultra Homes, Inc., requested final plat approval of the 3rd
subdivision to be called Meadow Oak 3rd Addition. The final
plat submitted appears to be in order, meeting all the City
requirements of the Subdivision Ordinance. The recently completed
Environmental Assessment Worksheet on the Meadow Oak Subdivision
done by Barr Engineering addressed the whole Meadow Oak Development
and found that an Environmental Impact Statement would not be
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required. One of the points that the Barr Engineering report
made was that sometime prior to full development of the Meadow
Oak Subdivision an outlet will have to be constructed from
the subdivision to either Ditch 33 or directly to the Mississippi
River for storm drainage.
Although the project is far from being developed, it was recommended
that this 3rd Addition be the final one allowed to be platted
until some other questions regarding the drainage and other
problems are rectified by the developers.
Additional concerns of the staff were that the City has not
fully accepted the underground utilities, streets, curb and
gutter for the Meadow Oak First and Second Additions yet. The
main reason is that the streets have broken up from heavy equipment
use prior to acceptance and would have to be repaired by the
developer or his contractor prior to City acceptance and maintenance.
In addition, the Meadow Oak 2nd Addition has experienced some
drainage problems with the installation of a bicycle path running
through the project. Some additional grading may be necessary
to provide for proper drainage on the back lots in Block 5 and
2 of Meadow Oak 2nd Addition.
In order to obtain a precise time table from the developer as
to when the 82-2 Improvement Project will be completed for City
acceptance, motion was made by Maxwell, seconded by Blonigen,
and unanimously carried to postpone this item until the next
meeting or until an agreement has been reached on a satisfactory
schedule for utilities completion.
10. Consideration of a Conditional Use Request to Allow Outdoor
Storage in an I-1 Zone - Applicant, Rainbow Enterprises, Inc.
Rainbow Enterprises, Inc., recently purchased the former Heskins
Electric building in the Oakwood Industrial Park and manufactures
metal parts. As part of their business, they requested a Conditional
Use to allow them outdoor storage of miscellaneous small aluminum
and metal shavings and pieces. The storage would take place
at the rear of the building and would have to be screened from
abutting property owners.
Motion was made by Fair, seconded by Maus, and unanimously carried
to approve the Conditional Use request for Rainbow Enterprises
to allow outdoor storage at the rear of their building provided
proper screening is constructed by the owner.
11. Consideration of a Subdivision of a Residential Lot for Proposed
8 -Unit Townhouses - Applicant, Jay Miller.
Mr. Jay Miller is currently in the process of building eight
townhouse units on Lot 9, Par West Subdivision, which is zoned
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R-2. Mr. Miller requested approval of a subdivision of Lot 9
into eight individual lots under each townhouse unit that would
be sold individually, with the balance of the property in the
lot being common area that is owned by a Townhouse Association.
It was noted by the staff that due to an error in Mr. Miller
placing the structure on the lot, a 112 -foot variance would be
needed by Mr. Miller on a sideyard setback, as the building
is currently only 81, feet from the property line rather than
10 feet as required. Mr. Miller has been instructed to apply
for a variance, which will be taken up by the Planning Commission
at its next regular meeting.
An Association agreement listing covenants, conditions, and
restrictions for the Townhouse Association is in the process
of being prepared and revised that would cover and regulate
the Townhouse Association use of the common areas, etc. A final
draft of the Association agreement will be again reviewed by
the City Attorney for completeness prior to subdivision acceptance.
The Council discussed the current Ordinance requiring only 10 -foot
setbacks on sideyards and noted that if additional townhouse
units are built adjoining this property, it could be that only
20 feet or less exist between structures. It was recommended
by the staff that the City Zoning Ordinance be changed to require
a minimum sideyard setback of 20 feet when more than three units
are built on a lot, thus creating more open space between building
structures.
As a result, motion was made by Fair, seconded by Maus, and
unanimously carried to approve the preliminary subdivision request
to subdivide the existing Lot 9 of Par West into eight separate
lots for townhouses with the common area being controlled by
a Townhouse Association Agreement provided Mr. Miller applies
and is granted a variance on the sideyard setback distance at
the Planning Commission's next meeting, that the final Townhouse
Association draft agreement be reviewed by City staff and City
Attorney for acceptance, and provided that a moratorium is placed
on future buildings containing three or more townhouse units
unless a 20 -foot sideyard setback variance is established.
12. Consideration of a Conditional Use to Allow More than a 12 -unit
Apartment Building in an R -B Zone - Applicant, Riverview Manor
Apartments.
Mr. Brad Larson, partner in the proposed Riverview Manor Apartment
building complex, requested a conditional use permit to allow
a 31 -unit elderly housing project to be built on the north half
of Block 51. In previous Council action, this property was
rezoned from B-4 Commercial to Residential Business to allow
for this type of structure.
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The developers have previously received a variance from the
Planning Commission allowing for a 20 -foot rear yard setback
instead of the required 30 -foot rear yard setback in one corner
of the building and otherwise meet all other setback requirements.
The building layout accommodates 18 off-street parking spaces,
which currently meets Ordinance requirements of 12 space per
unit; but the Ordinance also requires that the developers show
where an additional 12 space per unit could be constructed at
a later date if the Council so deemed it necessary. The plot
plan as submitted does not appear to have sufficient space for
additional parking spaces at the present time. As a result,
motion was made by Blonigen, seconded by Maxwell, and unanimously
carried to approve the conditional use request to allow for
the 31 -unit elderly apartment building with the proposed 18
off-street parking spaces provided the developer can show on
his site plan where additional parking spaces could be put in
if so needed at some point in the future.
13. Consideration of Allowing the Conveyance of a 1 -Acre Parcel
by Metes and Bounds.
Mr. Jim Powers and Mr. Kent Kjellberg are proposing to develop
12 acres lying west of the present Monticello Ford Dealership
along I-94 into a Planned Unit Development consisting of a Wendy's
fastfood restaurant, an additional sit-down restaurant, along
with a motel and health club facility. The developers are currently
working on their plans for the PUD but requested permission
to proceed with the sale of a 1 -acre parcel of land by metes
and bounds descriptions to Wendy's fastfood restaurant immediately.
The developers have agreed to continue with their Planned Unit
Development, and after approval of the Planned Unit Development,
the 1 -acre parcel sold to Wendy's Restaurant would be known
as a lot and block description.
A Planned Unit Development Agreement has been prepared by the
developer's attorneys that would stipulate that if the 1 -acre
parcel is allowed to be sold by the developers to Wendy's, the
City would allow Wendy's to obtain a building permit and additionally
the developers would dedicate necessary utility and road easements
to the City prior to their completion of their PUD plans. Considerable
discussion was held by the Council as to whether sufficient
plans had been completed by the developer to allow the 1 -acre
sale and questioned what assurances the City would have that
the Planned Unit Development would continue as planned. It
was the City Attorney's opinion that the City could not tie
Wendy's Certificate of Occupancy Permit to the developer's completion
of their PUD and thus, the sale of the 1 acre, if approved,
could be the only development that may occur on the property.
It was noted by the developers that they plan to dedicate the
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public road and utilities to the City, but they wish to provide
and install their own utilities.
After further discussion, motion was made by Maxwell, seconded
by Maus, to allow the developers to sell a 1 -acre parcel by
metes and bounds description to Wendy's fastfood restaurant
providing the road indicated in the plan from Sandberg South
Road to Oakwood Drive is dedicated immediately to the City with
the City Engineer to determine the exact alignment for meeting
Oakwood Drive. The developers would also be required to execute
the Planned Unit Development Agreement but without a condition
tying Wendy's Certificate of Occupancy to this Agreement. Voting
in favor was Grimsmo, Fair, Maus, Maxwell. Voting in the opposition
was Blonigen, as he felt there was insufficient detail submitted.
14. Consideration of Issuing 3.2 Beer Off -Sale Licenses - Applicant,
Plaza Car Wash.
Mr. Gary and Diane Yonak of Buffalo applied for an off -sale
3.2 beer license for the new Plaza Car Wash and Food Mart on
South Highway 25.
Motion was made by Fair, seconded by Maxwell, and unanimously
carried to approve issuing a 3.2 beer license for this facility.
15. Consideration of Fire Alarm System for Library.
As part of a routine inspection of the City of Monticello facilities
by the Home Insurance Company Loss Control Division, a recommendation
was made by the insurance company that the City consider installing
an early detection/automatic fire alarm system that would be
monitored by a facility such as the Sheriff's Department.
Public Works Director, John Simola, obtained quotes from two
suppliers of equipment that could be installed per the insurance
company's recommendation, with the low quote totaling $1,845.00
with approximately a $15.00 monthly charge for the telephone
line to the Sheriff's Department.
Council members questioned whether the installation of this
type of fire alarm system was actually required by the insurance
company, or would it be a luxury. It was felt that it may be
hard to determine whether the City's insurance rates would actually
decrease by a sufficient amount to warrant the $1,800.00 expenditure
plus an ongoing $15.00 monthly charge. As a result, motion
was made by Maxwell, seconded by Blonigen, and unanimously carried
not to accept any bids for the installation of a fire alarm
system at the Library at the present time.
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16. Consideration of the Appointment of Election Judges for the
1984 Primary and 1984 General Election.
Minnesota Statutes require that the City Council appoint election
judges to serve at both elections. The following names were
submitted for appointments:
Jeannette Host
Anne Voll
JoAnne Link
Leona Kline
Carolyn Phillips
JoAnne Becker
Bette Grossnickle
Rita Brouillard
Bob Jameson
Ruth Harstad
Lucille Clamsen
Mary Trunnell
Don Nagel
Fern Anderson
Marie Toenjes
Yvonne Smith
Motion was made by Maxwell, seconded by Fair, and unanimously
carried to appoint the above 16 individuals as election judges
for the 1984 Primary and 1984 General Election.
17. Review of Liquor Store Financial Report.
Liquor Store Manager, Mark Irmiter, was present at the Council
meeting and reviewed and answered questions regarding the Liquor
Store operations for the first six months of 1984. Overall,
sales have increased approximately 7%, with the gross profit
up approximately 12% over 1983 figures. In addition, net income
through the first six months was approximately $45,000.00, up
considerably over the same period last year.
No action was taken by the Council other than review and acceptance
of the reports as submitted.
18. Consideration of Whether or Not to Set a Special Meeting for
the Purpose of Hearing an NSP Presentation on the Transport
of Nuclear Waste.
Mr. Norm Ecklund of NSP has indicated to the City that a presentation
is available for the City of Monticello that explains the proposed
transporting of nuclear waste from the Monticello Power Plant
to Morris, Illinois.
Civil Defense Director, Gary Anderson, recommended to the Council
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that an informal hearing be held within the City for the purpose
of allowing NSP presentation of their slide program on the transporting
of this waste. The presentation would allow any interested
citizens to ask questions and would possibly alleviate any concerns
some citizens may have over this transporting of waste. _
A motion was made by Fair, seconded by Maxwell, and unanimously
carried to authorize the Civil Defense Director to work with
the School District on possibly setting up a presentation to
be held at the Junior or Senior High School or to work with
the Community Education for possibly setting up a presentation
date through Community Ed.
19. Consideration of Bills for the Month of August.
In addition to the list of bills presented, Public Works Director,
John Simola, requested that the Council also approve final payment
be made to Batzer Construction Company on the 1984 Seal Coating
Project in the amount of an additional $1,587.19. Motion was
made by Blonigen, seconded by Maus, and unanimously carried
to approve the list of bills as presented for the month of August
and to include the additional $1,587.19 to Batzer Construction
Company.
20. Review of Petition for Reduced Speed Limit - County Road 39
West.
Previously, a petition was presented to the Council by property
owners along West County Road 39 (Golf Course Road) requesting
that the City consider lowering the speed limit to 30 m.p.h.
along with such improvements as widening the shoulders, installing
a bike path, and possibly no passing zone striping.
Public Works Director, John Simola, noted that after discussions
with the County Engineer, the County will be considering at
their next Board meeting the proposal to lower the speed limit
to 30 m.p.h. Mr. Simola also noted that the County, at the
present time, has no plans for widening the shoulders or installing
a bike path and also noted that the road does not meet criteria
for establishing a no passing zone. Possibly in the future,
the City may consider with County participation in widening
the shoulders, which could possibly serve as a safer area for
bike riders, etc.
(� Z' , Z '/ � � 4-4
Rick Wolfstelle
Assistant Administrator